Revisions Made to Council and Board-Commissioner Member Hanbooks 03-01-16

8/20/2019 Revisions Made to Council and Board-Commissioner Member Hanbooks 03-01-16

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CITY OF CARMEL BY THE SEA

AGENDA BILL

TO: Honorable Mayor and Members of the City CouncilMike Calhoun, Interim City Administrator

FROM: Leslie Fenton, Executive Assistant

AB 1103March 1 2016

Consent Calendar

SUBJECT: Receive an update on revisions made to Council and Board /Commissioner Memberhandbooks.

AMOUNT OF EXPENDITURE 0

AMOUNT BUDGETED 0

APPROPRIATION REQUIRED 0

RECOMMENDATION

1 . Receive update on and approve proposed revisions made to Council and Board /CommissionMember handbooks;2 Approve placing the Council and Board/Commission Member handbooks on the C ity's webpage and;3 Direct staff to return to Council with any substantive updates in the future .

SUMMARY

The City provides a handbook with reference material and guidelines for the newly elected Mayor andCouncil Members that covers what to expect as a public official, the Brown Act, C ity Policies andProcedures, reporting requirements, etc. and, which seeks to give them the tools to do their job for theCity and residents they serve. The Council Handbook was last updated in 2010, since that time Citypolicies and procedures have been updated and reporting requirements have changed. The updatedhandbook has been divided into sections which contain information relat ing to the City such asgovernment structure, Boards Commissions , meeting basics; City policies and procedures; Conflict ofInterest and Ethics training; the Brown ct ; Rosenberg's Rules of Order ; and the League of CaliforniaCities 2016 New Mayors Council Members Academy workbook.

The City also provides a handbook to newly appointed Board and Commiss ion Members . The Boardand Commission Member Handbook was created to contribute to Board and Commission membersgeneral knowledge and understanding of public affairs, and to aid in identifying the scope andparameters of their duties and responsibilities. The Board and Commission Member Handbook waslast updated in 2003 , as with the Council Handbook things have changed or been updated. Thehandbook includes information on the City structure; descriptions of each Commission/Board and theirresponsibilities; meeting basics; Conflict of Interest, Brown Act and Ethics training requirements. Ifapproved by Council the new Board and Commission Member Handbook w ill be distributed at theBoard and Commission Training to be held March 22, 2016 at 6:00P .M.

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It is unclear whether or not Council was informed as to when updates to these handbooks had beenmade in the past. Staff recommends that going forward minor changes to the handbooks, such aspolicy and procedure updates that have been approved by Council, or updated League of CaliforniaCities manuals, be made without bringing the entire handbook back to Council for approval. Significantchanges to the handbook, which are unanticipated, would be brought before the Council fo r review andapproval.

Staff also recommends that both o the handbooks be placed on the City s web page for ease of accessfor Mayor/Council/Board/Commission Members should they prefer a digital option and to provide thehandbooks as informational tools for members o the public interested in pursuing elected office or anappointed position on a Board or Commission serving the City of Carmel.

PRIOR CITY COUNCIL ACTION

N/A

ATTACHMENTS

1. Council Member Handbook2 . Board and Commission Member Handbook3 Resolution

APPROVED

W DateMike Calhoun, ntenm Crty Admrnrstrator

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CITY OF CARMEL BY THE SEACOUNCIL HANDBOOK


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T BLE OF CONTENTS

TOPIC P GE

INTRODUCTION ... .. . . ..... . .. .. ... . .. .... . ..... . . .. .. . .... .4

ABOUT THE CITY . ... .... .. . . ..... . 5

CITY ADMINISTRATIONStructure of City Government. . .. ...... 7City of Carmel Organizational Chart . . . . . . . ... . 11Municipal Code Section 2 . 4 City Council. ........ ...... ............ .... ............ .. 12Council Member Appointments to Advisory Boards ...... .. 17Commissions , Boards, and Committees ..... .. . .... 18Community Activities Cultural Commission ... . .. .. ... . . 19Forest Beach Commission . . . ..... . ... ..... .... 20Harrison Memorial Library Board ... .. .. . . ... ... 21Planning Commission . ... . ... . ...... ...... . . 22Histor ic Resources Board .. .... . . ... ..... . ..... 23

GENERAL GUIDELINES FOR THE COUNCILRelationships . .. ... . . 26Meeting Basics . ..... . ..... ... .28Rules of Debate 29Decorum in Meetings ..... . . 30Conflicts of Inter est (Form 700) ... . ..... .. 33Ethics Training . ... .. 37Ralph M. Brown Act .. . .. ... 38Further Information .... ... ..... .. . ... . ... 39

CO UNCIL RELATED POLICIES PROCEDURES

C89-02 City Council Meetings/Orders of Council /Age nda Packe ts/M inutes

C89-06C94-02C89-03

C95-08

C2007 -02C89-04C90-07

C91-06

C03-012012-01

of Meeting and Agenda Distribution 41Appointments to Boards and Commiss ions 52Dual Membersh ip on City Boards /Commissions/Committe es .... 55Appearances at City Commissions, Board or Comm itte e meetings

by members of the City Council. 56Use of City Council Discretionary Account for expenses associated

with co-sponsored events . .. . .... . . 58Travel Training Reimbursement. .. 59Ex Parte Communications . 68Formalizati on process for Counc il Members placing items on a CityCouncil agenda , and establishment of time fram e for consi derat ionof such items . . . 70To establish guidelines for recognition of individ uals , g roups and

events of significance to the City of Carmel-by-the-Sea byissuance of awards, gifts and memen tos 73

Computer, E-mail and Internet Policy 77Harassment Prohibited . . .83


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APPENDIX

Open Public IV : A Guide to the Ralph M Brown Act (A League of CaliforniaCities Publication) 92

Rosenberg's Rules of Order (A League of California Cities Publication) . . .. . .. . 148

League of Califo rnia Cities 2016 New Mayors Coun c il Mem bers Academ y .. 158


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INTRODU TION

Citizen knowledge, interest and participation are vital ingredien ts to the del ivery of high- qualitypublic services. Now, more than ever, citizen invol vement plays an important role in localgovernment.

Being Mayor or a Council Member requires work and commitmen t but should be a very rewardingexperience . It provides an opportunity to become intimately aware of the operating policies andproblems of municipal government in general and of spe c ific departmental units . It offers a meansto participate in community affairs, to work with a variety of interesting people, and to help shapeCity policy.

This handbook was prepared to help orient you to the functions and activ ities of the office to whichyou have been elected . However , it cannot incorporate all mater ial and information necessary forundertaking the business of a City Council. Many other laws, plans and documents exist whichbind the City Council to certain courses of action and practices . It has been prepared to provide:

1 An overview of City government and basic City documents.

2 Information regarding the various City Departments and the function of ea ch.

3 Information outlining the role and function of City Boards /Commissions.4 Important guidelines for all appointed bodies, as well as the responsibilities of

their members.

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BOUT THE CITY OF CARMEL BY THE SEA

Carmel by the Sea

Carmel-by-the-Sea is resplendent in rich natural beauty and prides itself on its white sand beach ,luxuriant landscaped bluffs , thriving urban forest, natural parklands and roadside greenbelts andits dedication to the arts. First incorporated as a City in 1916 , the community was founded byartists and writers -- among them Jack London, George Sterling, Mary Austin and Rob insonJeffers .

The City is one square mile in area, with a population o slightly more than 4 ,000 , although whenone fa ctors in the many tourists who come to stay, the population is comparable to a majormetropolitan area. Through the diligent efforts o dedicated and hard-working citizens and theirelected and appointed officials , Carmel-by-the-Sea has managed to reta in its heritage and thequality of life which drew those first settlers to its midst.

Ordinance No . 96, passed on June 5 1929 (see Preamble) clearly established business activityas forever subordinate to the residential character o Carmel-by-the-Sea. The City has kept itsresidential streets free o sidewalks and streetlights ; nurtured the pine forest ; allowed no high-risebuildings to mar the outline of these pines against the sky; and forbade neon and other unsight lysigns.

The City of Carmel by the Sea Preamble

The City of Carmel-by-the-Sea is hereby determined to be primarily essentially andpredominantly a residential City wherein business and commerce have in the past are now andare proposed to be in the future subord inated to its residential character and that saiddetermination is made having in mind the history a nd the development of said City its growth andthe causes thereof nd also its geographical and topographical aspects together with its nearproximity to the cities o f P acific Grove nd Monterey a nd the businesses industries tra de scall ings nd professions in existence nd permissible therein .

Type of Government

The Constitution o the State o California establishes two types o cities: Charter and GeneralLaw. At first glan ce they appear similar as they pertain to d a y-to -day operations. A Charter City ,however, has considerably more authority than a General Law City to tax , to regulate and to adoptits own pro ce dures and organization. A General Law City, on the other hand, may exercise onlythose powers expressly given to it under State law . All cities begin as General Law cities, andthe City o Carmel -by-the-Sea has chosen to re main such.

Form of Government

State law permits two basic forms o government in General Law Cities : the Equal Council Systemand Council-Manager/City Administrator System. Carmel-by-the-Sea s governmental system isCouncil/City Administrator. The Mayor and City Council, as the governing body, are elected by th epeople . The City Council appoints the City Administrator. It also appoints the City s Attorney ,Treasurer , and Engineer . The City Administrator appoints a ll othe r C ity employees.


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CITY DMINISTR TION


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STRUCTURE O CITY GOVERNMENT

City Council

The City Council is composed of the Mayor and four Council Members, all o whom are directlyelected by the people. The Mayor serves a two-year term and the Council Members serve fouryear terms. Two Council Members are elected every two years. Although the Mayor is grantedno special decision-making powers, he or she represents the City in all ceremon ial and officialaffairs. The City's Municipal elections are held the second Tuesday o April in each evennumbered year.

The Mayor receives a stipend o 200 a month and Council Members receive 150. The Mayorand Council are also eligible for medical and dental benefits thru the City .

The purpose of the City Council is to establish local laws , set policy, approve or reject programs,allocate funds, establish the City's tax rate, hear appeals resulting from City Commiss ion , Boardor Committee decisions , and provide to the citizenry a better, more attractive and healthier placein which to live . Again , as Carmel-by-the-Sea is a General Law C ity, its Council must act withinthe framework of limitations and procedures established by State law.

Local laws are establ ished by ordinance and are compiled in a book called the Municipal Code.These laws are enfo rce able by the City , and violations thereof constitute n infraction. OtherCity Council directives and policies are recorded in Council resolutions and minutes.

Department of dministration

The Department of Administration is composed o : the City Administrator, City Clerk, Director ofContracts & Budgets , Executive Assistant and n Administrative Coo rdinator.

City Administrator:

The City Administrator is the administrative head of City government and is appointed by the CityCouncil to : carry out Council policies, enforce City laws, direct the daily operations o Citygovernment and to prepare and monitor the Council approved municipal budget. All DepartmentManagers except the City Attorney , City Engineer and City Treasurer, are responsib le to the CityAdministrator .

City Clerk :

The City Clerk serves as the Clerk to the City Council and is responsib le for compiling meeti ngagendas, collecting support information , executing official documents of the City Council andpreparing the minutes o meetings. The Clerk is also responsible for the care and custody o allofficial records and documents of the City. These include all City deeds, contracts, leases ,

ordinances, resolutions, minutes and the Municipal Code. The office publishes public notices andordinances as required by law and assists staff and the public in researching information. TheCity Clerk also administers and organizes all municipal elections and coo rdinates th e filing ofPolitical Reform Act conflict of interest statements.


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leg l Department

The City Attorney is appointed by the City Council and acts as legal advisor to the Council andCity Administrator . The Attorney attends Council meetings and is a va ilable to other appointedbodies upon request. The City Attorney also represents the City in litigation and prosecutesviolations o City law.

City Treasurer

The City Treasurer is a part-time officer, appointed by the City Counc il, to adv ise and ass ist theCity in all financial transactions and works closely with the Department of Administrati ve Servicesin managing the City s financial resources.

Department of Administrative Services

The Department is composed of the Finance Manager, Finance Specialist, Adm inistrativeCoordinator , Information Network Services Manager and one part-time Office Assistant.

The Department o Administrative Services is responsible for the genera l supervision of all Cityfinancial matters, including planning and managing its fisca l programs . Departmenta lresponsibilities also include budget research and development , financial control , accountspayable and receivable , insurance programs, risk management, property management ,maintaining an inventory of City property and managing spec ial projects .

Community Activities Department

The Community Activities Department is staffed by the Community Activities Assistant.

The Department plans, organizes , administers and directs the o perat ion and a ctivities o allspecial events in the City and provides staff support to the Community and Cu ltural Commission,and facilitates the Friends o Sunset Foundation, a fund-raising and support organization of theCity.

Department of Community Planning and Building

The Department is composed o the Acting Planning Director, one Building Officia l oneAdministrative Coordinator, one Assistant Planner, one contract Permit Technician, three contra ctPlanners , one contract Planning/Permit Technician and two Code Compliance Officers .

The Department is responsible for : land use management ; private and public construction anddesign; and environmental quality in Carmel-by-the-Sea. The planning function oversees the

General Plan and ensures that capital improvements , zoning and other acti vitieso

the City areconsistent with the goals and policies o the Plan . The Planning Departmen t pro vides staff supportto the Planning Commission, Design Review Board and the Histo ric Resources Board ondecisions related to design, zoning and other development plans. The major role o the staff is toprovide the technical information and analysis needed for the Planning Commission, and DesignReview and Historic Resources board to make the well-informed decisions.

Enforcement o zoning, design , building and fire codes is also a responsibi lity of the Department,which also serves as the City s central permit agency and issues bus iness licenses , someencroachment permits and contractor parking permits .

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The Building Official is responsible for the review o construction pla ns as well as inspections oprojects and, when necessary, enforcement to ensure compliance with building codes.

Building Maintenance

The Building Maintenance Department is tasked with overseeing the structural integrity andmaintenance o all City-owned facilities . Staff within this city unit in clude the Building MaintenanceSpecialist. The Building Maintenance Division is responsible for the electrical, plumbing,structural, and heating needs o all public buildings.

Department o Forest Parks and Beach

The Department o Forest , Parks and Beach is composed of the City Forester, an Assistant C ityForester , one Tree Care Specialist and one part-time Forest Care Workers , and an Admin istrat iveCoordinator , who is also responsible for administrative duties for the Public Works Department.

The Department of Forest and Beach is responsible for the maintenance o and improvements tothe urban forest, all City parks, and the Carmel beach . Three employees take care o allarboricultural needs of the more than 3 ,000 trees growing on public p roperty . The majority oftheir time is spent pruning, planting, watering , controlling insects, removing dead trees andreplanting new stock. Keeping the urban forest healthy and safe is the Department s primarygoal.

The Gardeners and Maintenance Workers are responsible for a ll other landscaping in the City ,including parks, medians, and the Beach Walkway . The Departm e nt provides staff support to theForest and B eac h Commission relat e d to matters before it for consideration.

Library

The Harrison Memorial Library staff includes a full-time staff o eight: the Library and CommunityEvents Director, one Library Circulation Supervisor, three Li brarian lis, and three LibraryAssistants . In addition, there are many hourly and on-call positions to support the Library.

The Harrison Memorial Library addresses the informational, educational, and historical needs othe community. The main library services include ref e renc e ass istance , access to the Internet,senior outreach and a variety of print and non-print library mater ials.

The Harrison Memorial Library and the Library Park Branch are governed by an independentLibrary Board of Trustees. Library staff provides support to the Harrison Memorial Library Board .

The library s Park Branch houses children s services, the Henry Meade Williams Local History

Room, te chnical services, administration , and the officeo

the Carmel Public Library Foundation .Library services offered at Park Branch include reading programs for children, weekly librar ianvisits to local schools and an annual Loca l History Lectur e Series.


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Police epartment

The Police Department staff is composed o the Chief o Po lice, one Commander , three PatrolSergeants, two Police Corporals, eight Police Officers, four Community Service Officers, and s ixPolice Service Officers. In addition, the Police Department has a Reserve Police Officersprogram, a Police Volunteer Program, and a Community Emergency Response Team CERT).

The Police Department is responsible for community policing , law enforcement and crimeprevention within the City. Under the direction of the Police Chief, it provides a variety o publicsafety services for the citizens. The mission o the Police Department is to protect and serve ,with the primary responsibility o ensuring the rights o citizens and visi tors to live in peace andsafety.

Some o the programs provided by the Department are Seniors Helping Seniors , Neigh bo rhoodWatch, Crime Prevention Training for Businesses, Home Secur ity Checks , Drug AbuseResistance Education ; Citizen Police Academy, Carmel Business Association - ALERT, andFingerprinting Identification for Children.

epartment of Public Works

The Department o Public Works consists o the Superintendent, one Streets Supervisor, fourSenior Maintenance Workers, streets), one maintenance worker, and a Gardener. n addition,one Administrative Coordinator , who also shares administrative duties fo r the Department oForest, Parks and Beach .

The Streets Division is responsible for all pavement, sidewalks, signage , and storm drains . TheVehicle/Equipment section maintains all City-owned vehicles and most City-owned mobileequipment.

The Department submits and administers all grant requests for street and sidewalk projects andis a part o a group responsible for all Federal Emergency Management Agency FEMA) andEmergency Operations System OES) disaster funds . It also participates in the management othe design and construction of most City facilities, all City streets, and coordinates all public utilitywork within the public right-of-way.

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City t torney

City o Carmel by the Sea

ITIZENS I

Commissions

City dminis t ra tor


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Sections:2.04 .010 Council Meetings- Regular.

Chapter 2 04CITY COUNCIL

2.04 .020 Establishment of City Council Meetings- Conflict with Holidays.

2 .04 .030 Council Meetings- Special.

2 .04 .040 Council Meetings- Special- Notice.

2 .04.050 Closed Session.

2.04 .060 Council Meetings- Quorum.

2 .04 .070 Council Meetings- Maintenance of Order.

2.04 .080 Council Meetings- Rules of Order.

2.04 .090 Council Meetings- Order of Business .

2.04 .100 Council Meetings- Consent.

2.04 .110 Council Meetings- Appearances.

2.04 .120 Council Meetings- Failure to Attend.

2.04 .130 Vacancies.

2 .04 .140 Reconsideration of Council Action .

2 .04 .150 Council Committees .

2.04 .160 Council Right of Review.

* For statutory provisions on City Council meetings, see Government Code§ 3680 1 et seq . and§ 54950 e t seq. ; for

provisions on the City Council, see Government Code§ 36512 et s eq. Prior legislat ion: Ords . 2, 217 , 71 N.S. , 121

N.S., 201 N.S. 251 N.S., 90 C .S . and 266 C.S .

} Q ~Q ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ = ~ ~ ~. ~ ~

The City Council shall hold regular meetings as follows :

A. 4:30p.m. open session, the regular meeting) on the first Tuesday of each month in the City Hall Counc il

Chamber s , unless otherwise established from time to time by City Council resolut ion .

B. 4:30p .m. tour of inspe ction on the Monday prior to the regular meeting of each month , if ne ce s sary , for the

purpose of permitting the City Council to cons ide r in the field th ose items that shou ld be viewed by the Council

prior to Council action, unless otherwise established from time to time by re s olution of the City Council. Ord .

2007-01 § 1 2007 ; Ord . 98-6 § 1, 1998 ; Ord. 93-6 § 1 , 1993 ; Ord. 88 -20 § 2 1988 ; Ord. 86-16 § 1, 1986 ; Ord.

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84-17 § 1, 1984 ; Ord . 84-11 § 1, 1984 ; Ord . 83-9 § 1, 1983; Ord. 81-27 § 1, 1981 ; Ord . 80-6 § 1, 1980 ; Ord . 77-

6 § 1, 1977 ; Ord . 76-6 § 1, 1976; Ord. 101 C .S . § 1, 1964; Code 1975 § 200)

. . : Q ~:.Q ~ 9.~ ~ ~ ~.~~ ~ ~ -~ ~ ~ ~ _ g _ i_ . Y . ~ ~-~ ~-~ ~ ~ ~ ~ 9 ~.= · ·~ - ~. ~ ~ ~ ~ ~-~ .~ .~ Y . ~.: . . .

.. .A. In December of each year , the City Council shall place on its agenda for the regu lar meeting its ca le ndar for

the following year . The Mayor and Mayor Pro Tempore will meet prior to the December meet ing to de velop the

calendar for presentation to the City Council.

B. In the event any regular meeting or tour of inspection of the City Coun cil falls on a legal C ity holiday , the City

Counci l shall hold the meeting at the stated hour and place agreed to and adopted b y City Counc il resolut ion.

Ord. 98-6 § 1, 1998; Ord. 93-6 § 2, 1993 ; Ord. 76-6 § 2, 1976; Ord. 101 C .S . § 1, 1964 ; Code 1975 § 200 .01)

. : Q ~:.Q ~ Q~ ~ ~ ~ i.1 . ~ ~ ~~ .9 ~ : § .P ~ ~ _ i ~_l_:. . ... . . .. . . . .

The Mayor or three Council members may call a special meeting as provided for in Sec tion54956 of t he

Government Code of the State of Californ ia . t any spec ial meeting , the C ity Counc il s hall act on ly o n thos e

items referred to on the notice of said meeting. Ord . 98-6 § 1, 1998; Ord. 101 C .S. § 1, 1964; Code 1975 §

201 ).

-~ : Q ~ :.Q ~ Q~ ~ ~ ~ . i. -~ ~ ~.~ 9 ~ : § . P . ~.~ ~.1 ~ -~ ~ ~ : . . .. . . . . . ... . .

Notices of special meetings shall be in accordance with the Go vernment Code of the State of Cal iforn ia . Ord .

98-6 § 1, 1998; Ord . 106 C.S ., 1964; Ord . 101 C.S. § 1, 1964; Code 1975 § 201.1 .

2.04.050 Closed Session.

The City Council may meet from time to time in closed session, upon proper notice purs ua nt to the Ra lph M.

Brown Act , to consider such matters appropriate for closed session in accordance with app licable State la w.

Ord . 98 -6 § 1, 1998 ; Ord. 101 C .S. § 1, 1964 ; Code 1975 § 202).

-~ : Q ~:g_~ Q f ~ : J ~ ~ . i. ~ ~ ~~ 9 .~ : .9 ~ ~ ..~ ~ -: . . .

A three-member majority of the Council constitutes a quorum for transaction of business. Ord. 98-6 § 1, 1998 ;

Ord . 101 C.S . § 1, 1964; Code 1975 § 203)

. .: Q ~ : Q ? . Q~ ~-~ ~ _ i ~ ~-~ ~ i ~ 9 -~ : . ~ i ~ .~ ~ ~ -~ ~ ~ 9 .~ ~-~ ~ :

Any member of the Council , or other person , using profane , vulgar , loud or boisterous language at an y

meeting, or otherwise interrupting the proceedings, who refuses to be seated o r quiet when so ordered by the

Mayor or Mayor Pro Tempore shall be removed from the Chambers by the Chief of Police , or in her /his

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absence her/his representative, upon order o the presiding officer to eject any such person from the Council

Chambers . (Ord. 98-6 1, 1998; Ord . 101 C.S. 1 , 1964; Code 1975 214 )

: 9 ~ : Q ~ Q ~ ~ ~ ~ ~ - ~ ~ ~ ~ ] .~ . = . R : ~. ~ ~ ~ f . E ~ ~ E :

The proceedings o the Council shall be established by the City Council and entitled Rules of Procedure

which shall be adopted by resolution. In the absence o f such rules, the City Counc il may be go verned by rules

set forth in the latest edition o Robert 's Rules o Order , but no ordinance , reso lution, order, or other action o

the Council shall be invalidated or the legality thereof affected by the fai lu re or omiss ion to observe or follow the

rules. (Ord. 98-6 1, 1998; Ord. 101 C.S . 1, 1964; Code 1975 215) .

~ :Q ~: Q ~ ~ ~ ~ ~ ~ ~ . L ~ ~ ~ ~_1 ]_ ~ = Q ~ ~ ~ r g f~ ~ i ~ ~ ~ ~

A The sequence o the orders of business shall be established by a reso lution o the City Council.

B. The regular order of business may be suspended by a majority vote o the membe rs of the City Counc il.

(Ord. 98-6 1 , 1998; Ord . 88-20 2 , 1988; Ord . 87-8 1 , 1987; Ord . 86-4 1, 2 , 1986; Ord . 82-26 1 , 1982 ;

Ord. 79- 2 1 1, 1979; Ord . 101 C.S. 1, 1964 ; Code 1975 212).

~ : Q ~ : ~ 9 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.1 ] ~ = ~ ~ ~ ~ ~ ~. :

Routine and non controve rsial items may be listed early on the agenda unde r a combined consent calendar.

Any Council member or member o the public may cause an item on the consent calendar to be deferred for

separate c onsideration before the vote. The vote on the consen t calendar shall apply to each item stillremaining thereon at the time of vote. (Ord. 98-6 1, 1998; Ord. 79-26 1, 1979; Code 1975 212.2).

} : 9 ~ : ~ ~ ~ ~ ~ ~ . ~ ~ ~ D 9 ~ ~ I ? . I ? . ~ ~ E ~ ~ ~ ~ ~ :

A Under item Appea rance s o the order o business , the chair shall permit members o the public to address

the City Counci l on matters which are not on the agenda, but action on these items at the cur re nt meet ing is

prohibited by State law.

B. At other times during the Council meeting, any citizen may request th e privilege o speak ing to the City

Council on matters on the agenda and under consideration by the Council. The cha ir shall permit such c itizens

to speak within the time limits established by the City Council.

C. The members o the Council shall remain seate d whil e the Council is in session; they shall ad dres s their

remarks to the Chair, a nd , with the chair's permission , to other members of the C ity C ouncil. Membe rs o the

City Council shall not address remarks to members o the public who may be in attendance at the meeting.

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Questions to be directed to members o the public and members o the City s taff concerning matters under

discussion by th e Council shall be directed only th rou gh the chair. Ord. 98-6 § 1, 1998 ; Ord. 79 -21 § 1, 1979 ;

Ord. 1 1 C.S. § 1, 1964; Code 1975 § 212.1)

: . ~ : 1 ~ Q ~ ~ ~ . ~ ~ ~.~ 9 .~ .f ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~. :

Any Council member who , when neither sick nor absent from the City at the time the meetings are held, is

absent from three consecutive regular meetings shall be deemed to have forfe ited t itle to the office o Council

member, and the remaining members or a majority thereof may cause an action to be brought in the Superior

Court to have the office declared vacant. Ord . 98 -6 § 1, 1998 ; Ord . 1 1 C .S . § 1, 1964 ; Code 1975 § 203.1 ) -

2 04 130 Vacancies

Vacancies on the City Council shall be filled as provided for in the Government Code o f the State of Cal iforn ia .

Ord . 98-6 § 1, 1998 ; Ord . 76-23 § 1, 1976; Code 1975 § 216).

2 04 140 Reconsideration o Council Action

Any City Council member voting in the majority on any give n item may mov e reconsiderati on o f Counci l ac tion

on that item for con s ideration at a fut ure meeting . Ord . 98-6 § 1, 1998 ; Ord. 127 C .S . § 1, 1 966 ; Code 19 75 §

211.1).

2 04 150 Council Committees

Council committees shall be appointed by the Mayor and ratified b y the City C oun c iL The comm ittee shall act in

an advisory capacity making recommendations to the City Council on qu e stions for whic h City Cou ncil dec is ion

is appropriate. Ord . 98-6 § 1 , 1998; Ord. 78-8 § 2 , 1978; Ord. 1 1 C.S. § 1, 1964 ; Co de 19 75 § 210).

~- :Q ~ : _ 1__ . Q_ - ~ ~ L ~ ~ 9 ~ ~- -~ u ~ - ~ _ y _ i_ - : _ ___ _ _ ___ ___ __ _ _ _ _ _ _ ___ ____ ____ __ ___ _____ _

A. Upon the written request o two members o the City Council, as ind ividuals, the City Coun cil shall review

any deci s ion o a City board , commission , o r committee . Requests made pursuant to t his se ctio n must be filed

with the City Clerk within 10 working days following the date o final action by th e board, commiss ion , o r

committee .

B. After two members of the City Counc il each file a written request for Council review o a decis io n of a board ,

commission, or committee , the City Clerk, after considering whether sufficient time remains to not ice the review

for public hear ing before a forthcoming Counc il meeting , shal l set the da te on wh ich the C ounc il will ho ld a

hearing. Noticing shall be consistent with that specified in the municipal code. At the time o C ity Co uncil review

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o the matter , the Council may uphold the decision of the board , commission , or comm ittee , amend the decision

and /or conditions attached to t he decisio n, overturn the decision , or remand the matter to the board,

commission or committee for further consideration. Ord. 2008-08, 2008 ; O rd . 91-3 § 1, 1991 .

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COUNCIL MEMBER PPOINTMENTS TO DVISORY BO RDS

As an elected member o the Council you may be appointed to serve on an outside agencyboard or committee. The Mayor will make his recommendations in May . Currently the City oCarmel-by-the-Sea has representatives on the following local boards and commissions :

Association of Monterey Bay Area Governments AMBAG)Carmel Innkeepers Association Board of DirectorsFort Ord Reuse Authority FOR A)Fort Ord Reuse Authority Post Reassessment Advisory Committee FORA PRAC)Fort Ord Reuse Authority Regional Urban Design Guidelines Task For ce FORA RUDG)Hospitality Improvement D istrict HID)Monterey Pen insula Regional Water Authority MPRWA)Monterey Regional Water Management District MRWMD)Monterey Salinas Transit MST)Regional Taxi Authority RTA)Transportation Agency o Monterey County TAMC)

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COMMISSIONS BOARDS AND COMMITTEES

City Commissions Boards and Committees assist the City Council in carrying out its dut ies. Thesebodies are charged with the following responsibilities:

1. Advise the City Council and City Administrator on matters within their area ofresponsibility and interest as prescribed by the City Counci l and its ordinances .

2 . Help focus attention on specific issues and problems within thei r scope oresponsibilities and recommend actions and alternatives for Council consideration.

3 . Act as channels o communication and information between City government and thegeneral public on matters within their area o responsibility.

4 Reconcile contradictory viewpoints and provide d irec tion toward achie vement ofcitywide goals and objectives.

5 Encourage broad citizen participation in the definition and formulation o City goals andobjectives.

6 Balance community wants with municipal responsibility and resources.

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COMMUNITY CTIVITIES ND CULTUR L COMMISSION

The Community and Cultural Commission is a five-member body. Its meetings are held in theCity Council Chambers on the second Tuesday of each month at 9:3 a .m. The staff liaison isLibrary Community Events Director Janet Bombard.

DUTIES ND RESPONSIBILITIES OF THE COMMISSION

1. To stimulate and encourage community, cultural and artistic acti vi ties within the City.

2 . To develop rules and regulations for conducting its business and meetings inaccordance with the laws of the State and City (Municipal Code and Government Codeof the State of California -- Ralph M Brown Act) .

3 To, on its own initiative, or at the request of the City Counc il or the City Administrator,make such recommendations to the City Council and the City Administrator concerningcommunity, cultural , and artist ic activities and programs as may be deemed

appropriate.

4 To advise and assist the Community and Cultural Director and , when requested or onits own in itiative, o ther City Commissions and City public bodies , Departments andresidents on community, cultural, and artistic programs .

5. To initiate community, cultural and artistic programs and projects.

6 To remain cognizant at all times of the uses of the Community and Cultural Centercomplex and endeavor to have such facilities put to their best possible use for theCommunity as a whole.

7 . To determine , in consultation with the Community and Cultural Direc tor, the terms oftenancies of the facilities referred to in Number 6 above ; to recommend to the CityCouncil the rental rates and other terms of such use.

8 . To review cultural grant applications and forward to the City Council recommendationsregarding the disbursement of cultural grant monies .

9 To re view, upon request of the City Council, applications regarding cultural or artist icprograms, benefits, or services .

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FOREST ND BE CH COMMISSION

The Forest and Beach Commission is a five -member body . Its meeting date is the secondThursday of each month at 3:30p.m. in the City Hall Council Chambers, with a Tour o In spectionheld at 3:00p.m. the day of the meeting . City Forester Mike Branson is the staff liaison .


1 To develop , with the Director o the Department o Forest , Parks and Bea ch , amanagement plan for the urban forest, parks and beach and to correlate such planswith the City s General Plan .

2 To consider and act on applications for tree-trimming and tree-remova l and on mattersinvolving construction in which root-cutting or root crown coverage is involved.

3. To advise the City Council or other government instrumentalities o the City with respectto specific items o management and technical forestry and beach matters, includingthe introduction of new species into the urban forest or the elimination o existingspecies.

4 To provide publicity in regard to the health o the urban forest , including a publicinformation program concerning care of forest resources , as well as cooperation withschool programs on conservation and the like.

5 . To encourage gifts, bequests and grants to be made to the City in furtherance o anypresent or future object or project associated with the Commiss ion.

6 To review landscape plans and submit comments to the Planning Commission andDesign Review Board as requested from time to time by the Department o CommunityPlanning and Bu ilding.

7 . To advise the City Council or other government instrum e ntalit ies of the City on thepreservation, enhancement, protection and care o the Carmel-by-the-Sea beach andwaterfront area .

8. Upon referral from the City Council, to review and re comme nd to the City Councilpossible official positions on proposals in the City, the City s Sphe re of Influence , or anywider area, which impact the natural environment o the area.

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H RRISON MEMORI L LIBR RYBO RD OF TRUSTEES

The Harrison Memorial Library Board of Trustees is a five-member body. The Board meets inthe City Hall Council Chambers the fourth Wednesday of each month at 9:00a m The staffliaison is Library Community Events Director Janet Bombard.

DUTIES ND RESPONSIBILITIES OF THE BO RD

1. To manage, control and administer any library building or library property which isnow owned or may hereafter be acquired by the City; to make and enforce all rules,regulations and bylaws necessary for the administration, government and protectionof the library under its management and all property belonging thereto .

2. To administer any trust hereafter declared or created for such library and receive anygift, devise or bequest and hold in trust , or otherwise , property situated in this State orelsewhere and, when not otherwise provided , dispose of the same for the benefit ofsuch library.

3. To purchase necessary books , journals, publications and other personal property.

4 . To purchase such property and erect and equip such building or buildings , room orrooms, as may be necessary when in their judgment a suitable building or portionthereof has not been provided by the legislative body of the municipality for suchlibrary .

5 To require the Secretary of State and other State officials to furnish such librarycopies of any and all reports, laws and other publications of the State, not otherwisedisposed of by law.

6. To borrow books from , lend books to, and exchange the same with other libraries, andto allow nonresidents to borrow books , upon such conditions as they may prescribe .

7 To do and perform any and all other acts and things necessary or proper to carry outthe provisions of Chapter 2 .72 of the Municipal Code.

8 . The Board of Library Trustees, shall, on or before the thirty-first day of August of eachyear, make a report to the City Council of the City, giving the condition of the libraryon the thirtieth day of June preceding, toge ther with a statement of its proceedings forthe year then ended, and forward a copy thereof to the State Library at Sacramento.

9. To raise money for special or library purposes through direct organization andoperation of fund-raising campaigns or programs, or through the establishment of

foundations or employment of persons for fund-raising.

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PL NNING COMMISSION

The Planning Commission is a five -member body. Its meeting date is the second Wednesday ofeach month at 4:00p m . in the City Hall Council Chambers, with a Tour of Inspect io n held at 2 :00p.m. the day of the meeting. The staff liaison is Senior Planner Marc Wiener.


1 To develop and maintain a General Plan .

2. To develop Specific Plans as may be necessary or desirable.

3 To review Environmental Impa ct Reports and Initial Stud ies.

4. To periodically review the Capital Improvement Program of the City.

5 To conduct public hearings, review evidence and determine requests for use permits,variances, rezoning and land us e Code amendments.

6 To interpret the meaning and intent of the City s Land Use Code.

7 To hear and render decisions on appeals of determinations mad e by admin istrat ivestaff.

8 To determine the co nsist e ncy with the General Plan of capita l improvement projectsand programs.

9. to review and act upon design review and design study applications.

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HISTORIC RESOURCES BO RD

The Carmel-by-the-Sea Historic Resources Board is a five-member body. Its meeting date is thethird Monday o each month at 4:00 p.m. in the City Hall Counci l Chambers, with a Tour oInspection held at 3:15 p.m. the day of the meeting . The staff liaison is Senior Planner MarcWiener.

DUTIES ND RESPONSIBILITIES OF THE BO RD

The purpose o the Board is to carry out the policies of the architectural /cultural /histor ic(ACH) element of the General Plan and to serve in an advisory capacity to the PlanningCommission and City Council. Duties o the committee shall be as follows:

1. Establish the committee s operating procedures .

2 Develop and maintain an inventory o significant sites, structures and districts .

3 Make recommendations to the Planning Commission on sites, structures or

districts from the candidate list that are proposed for designat ion.

4 Advise and assist property owners on the physical aspects and grant opportun itiesfor preservation, renovation , rehabilitation, and reuse, and on the procedures forinclusion on the National Register o Historic Places .

5 Review requests to alter or modify the exteriors o designated resources andprovide advice, at the request of the owners, on the restoration, alteration ,decoration, lighting and landscaping o such resources; and provide advice to thePlanning Commission on the proposed changes .

6 Review requests for demolition and make recommendations to the PlanningCommission on demolition stays o designated properties .

7 Make recommendations to the City Council and the Planning Commission onmatters of land use, municipal improvements, public and private funding,promotional mechanisms for historic preservation and other types o planningprograms undertaken by any agency o the City, County or State as they relate tothe ACH resources o the community.

8 Inform and educate the citizens o Carmel -by-the-Sea concerning the architectural ,cultural and historical heritage o the City by publishing appropriate maps ,newsletters, brochures and pamphlets, and by holding programs and seminars .

9 Make recommendations to the City Council regarding the purchase o propertiesor easements for purposes of resources preservation.

10. Review all applications for permits, environmental assessments, environmentalimpact reports, environmental impact statements, and other similar documentspertaining to ACH resources, or related neighboring property within public view ,and forward comments to the Planning Commission with recommendations.

11. Coordinate with local , County , State and Federal governments in the pursuit of theobjectives o preservation.

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12 Undertake any other action or activity necessary or appropriate to the responsibleexercise o its powers and duties as to implementation of th is chapter and o theGeneral Plan Perform any other functions that may be assigned by resolu t on ormotion of the City Council

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GENER L GUIDELINES FOR THE COUNCIL

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RELATIONSHIPS

A Working Relationships

In public statements or interactions , individual Council members should present views andrecommendations representing the Council as a body -- not personal individual views. Council

Members expressing views not approved by the majorityo

the Council should clear ly expressthat their opinions reflect their personal perspective as a private citizen. Indiv idual opinions mustbe identified as such . Public statements should not include promises that may be construed tobe binding on the City Council or staff.

B Basic Guidelines

Council members should wo rk to establish good relationships with other Council members. Thesuccess or failure o the Council efforts may be dependent upon the degre e o cooperation evidentamong the individual m e mbers o the body.

C Relationships with Other Council Members

1 Always respect other individuals ' viewpoints even tho ugh they may be opposite o yourown.

2 Allow the other individual to articulate his/her own views and then attempt to make anobjective evaluation o those views.

3 Evaluation o other members ' viewpoints should be based on what is best for the totalcommunity and for all co ncerned .

4 . Be open and honest at all times .

D Relationships with the Public

Council meetings should be conducted in a manner that is conducive to a productive exchangeo ideas and perspectives . A non-threatening atmosphere sh ou ld be prevalent and steps should

be taken to ensure that members o the public a re free to express th eir v iews w ithout fear ofridicule or belittlement by anyone with an op posing viewpoint.

The Mayor and Council member s should conduct themselve s in a mann e r th at de monstratesfairness and professionalism . Members should be co nsid erate of all interests and valuedifferen ces o opinion . Additionally, members should remain open-minded, objective, and makeno judgment or engage in any partisan position until all o the availab le evidence pertaining to anissue has been submitted. Common courtesy is expected from City representatives at all levelso the organization.

It is important to recognize that as a Council member your actions and comments are ofteninterpreted to be that o the e ntire Council, the staff, or the City. A Council member's co mment sto the press or other public utterances are sometimes misinterpreted even though you s tate thatyou are speaking for yourself. They may be at odds with the Council's goals , objectives or o vera llpolicy. It is very important that an individual be clear when stating opin ion.

Members o the public are also expected to conform to an acceptable standard of conduct. Anyperson who willfully inte rrupt s a public meeting or ac ts so as to render the orderly cond uct o th eme eti ng infeasible may be barred from further attendance at the meeting by the Mayor. Anindividual so barred may not return for the remainder of the me eting unless permission is grantedby a majority vote o the Council.

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The following guidelines are offered:

1 There should be no promises made to the public that are bind ing on theCity Council

2 Comments to the public and the press mus t be factual3 The Council has an obligation to listen to comments or compl aints of the public

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MEETING BASICS

A Preparation for Meetings

• Be prepared. Thoroughly review the agenda packet , including agenda reports , and anyother materials efore the meeting. The issues that come before City Council a reimportant to the comm unity as a whole and demand your constant attention. In agreeingto serve on City Council , you make a commi tment to put in the time required to preparefully for each meeting.

• Understand what action you are being asked to take regarding each particular agendaitem.

• If you have questions regarding the agenda or agenda report, contact the CityAdministrator before the meeting to clarify questions or request furthe r information.

• Keep an open mind. An objective , balanced , and receptive approach will help you assessthe facets of a given issue and evaluate new ideas . When receiving written and oral publictestimony it will be necessary to discern between fact and opinion, as well as betweenthose concerns which are relevant and those which are secondary to the issue at hand.Keeping an open mind will make it easier for you to understand all sides of an issue before

you make a judgment or take a position .• Strive to appreciate differences in approach and point of v iew. Likewise, take care to

articulate your own ideas; remember that your individual voice is a critical part of the wholedialogue . Again, furthering common goa ls takes cooperat ion , flexib ility, and a broadbased view of the public interest. If in doubt, return to the foundational documents to guideyour understanding of the complexities of an issue.

• If you are unsure about something during the meeting , ask for clarification . n behalf ofthe public , yo ur understanding of issues is important.

• E -mail communications can ultimately lead to the exchange of information intended tocreate collective concurrence among a quorum of City Counci l members in violation of theRalph M . Brown Act. Therefore, e-mail communications between City Council members

relative to City Council business should be avoided. While less than a quorum, forexample , may appropriately communicate with one another by way of e-mail, theforwarding of such an e-mail message on to an additiona l member wou ld result in a Brown

Act violation.

• The applicant has th e right to an efficient process . Unreasonable delay or lack of action isunacceptable . f necessary , make a recommendation and move along.

B Attendance

City Council members are requested to contact the City Administrator prior to a meeting if theyare unable to attend.

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RULES O DEBATE

A Mayor

The Mayor may debate and may make or second motions. The Mayor is subject to the limitati onso debate that are imposed on all members and shall not be deprived of any o the r ights andprivileges o a member.

B Council Members

Every Council member desiring to speak shall address the Mayor. Upon recognition by the Mayor ,the member shall confine comments to the question under debate, avoiding all undignifiedlanguage and references to personalities and abiding by the following rules of civil debate. Amember, once recognized, shall not be interrupted except according to r ~ J i e sof parliamentaryprocedure (e.g., for a point of orde r, parliamentary inquiry, question o privilege, or appeal ofMayor s procedural ruling) .

Public meetings will proceed smoothly if all participants keep the following tenets in mind:

(1) We may disagree, but we will be respectful of one another .

(2) All comments will be directed to the issue at hand .

(3) Personal attacks shall be avoided.

C Addressing the City Council from the Floor

Securing Permission to SpeakAny person desiring to add res s the City Council shall first secure permission from the Mayor. AnyCouncil member may also request o the Mayor that a member o th e public be recogni zed tospeak.

Remarks should be directed to the matter being considered.

IndividualsPersons addressing the City Council a re requested to give their name in an audible tone o voicefor the record and fill out a speaker card i provided . They are not, howe ve r required to providetheir name or complete a speaker card. Any applicable time limit shall be as stated in the agenda,or as directed by the Mayor.

All remarks shall be addressed to the City Counicl as a whole and not to any individual memberor to members of the audience . Without the permission o the Mayor , on ly members and theperson addressing the City Co uncil shall be permitted to enter into any discussion . However ,while City Council members may ask speakers questions, they should not debate matters withthem.

All remarks shall be delivered in a respectful manner.

ddressing the City Council a fter Motion Made

After a motion i s made by the City Council, no person shall address the City Council in reg ard tothat topi c except upon the request of the Mayor or a member o the City Coun cil through theMayor .

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DE ORUM IN MEETINGS

A Proceedings

• Start meetings on time . Keep the agenda in mind in order to give each item theappropriate time.

• Announce at the start o a meeting if the order o agenda items is to be rearranged forconvenience, for response to those attending only for certain items, or for better pacing othe agenda.

• Let the Mayor run the meeting.

• Be fair, impartial, and respectful o the public, staff, and each other.

• Give your full attention when others speak .

• Learn to trust your own good judgment on decisions .

• Remember that people may be attending a meeting for the first time , and may beunfamiliar with your procedures . In your discussion, either avoid or explain techn ical termsor verbal shorthand.

• Listen to audience concerns. Don t engage in side conversations or otherwise bedistracted during public testimony. The opportunity for public testimony is central to thestrength of democracy, and is therefore encouraged . Active listen ing however , does notmean engaging the public in debate . Your response is appropriately saved for after thepublic testimony is closed.

• Close the public testimony before you begin serious deliberation on an issue .

• Sometimes questions can most effectively focus discussion and direct decision-making .For example ,

or staff:• What is the history behind this item?• What are the benefits and drawbacks?• What other alternatives did you consider?• Is it within this body s scope o responsibi lity? If not , would it be best

referred to another Commission /Board, Council or staff?

or other City Council members :• What do you think about this item?• What have you heard from the residents?• What would it take for you to support this?

or the public at a hearing) :• What are your concerns?• How will this proposal affect you?• What specific, constructive, alternatives can you recommend?• How does the public comment or quest ion relate to the decision at hand?

or yourself:• What are we trying to accomplish?• What are the long-range interests of the community?• What guidance can be found in our foundational documents ?

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• Often you must balance multiple views, neither favoring nor ignoring one individual orgroup ove r another . Your obligation is to represent a broad-based view of the community slong-range interests .

• Remember that your City Council exists to take actions and /o r make re commendatio ns .It is not simply a discussion group or debating society.

• Endeavor to end meetings at a reasonable hour. Short breaks may be helpful during longmeetings . Extending the meeting beyond an appointed hour may be subjected to a votewhen that hour nears .

B Managing Difficult Meetings

From time to time, Commissions/Boards are faced with conducting highly charged controversialmeetings . These meetings may involve one unified group or two or more conflicting groups. Thegroup demeanor may be characterized by aggressiveness and hostility. Such meetings reallytest the mettle of the Commission/Board and staff . Consider the follow ing:

Before the Meeting

• Make agendas and back-up reports easily available to partic ipants.

• Make sure adequate seating is available. Consider moving to larger quarters ifnecessary.

• Make sure sound and recording equipment is adequate and operational, if applicable .

• Chairperson and staff should engage in contingency planning befo re the meeting.

During the Meeting

• Establish and announce rules at the beginning of the meeting.

• Before public comment, ask the participants to designate one or more spokespersons,if possible. This may help reduce redundancy and make sure that all sides of the issuewill be heard .

• Explain the issues, the possible actions and the proc ed ures that w ill be followed at themeeting .

• Have speakers address the Commission /Board and not the audience . Some speakersare very adept at inciting audiences; especially if they are permitted to face theaudience.

• Stop clapping and shouting early. Explain the reasons why such actions are disruptiveand counterproductive . For instance : the meeting should prov ide a forum for all pointsof view and such displays of support or opposition could int im idate those with anopposing point of view from speaking . n addition, such displays delay the discussion.

• Don t hesitate to use recesses to help diffuse hostility or aggressiveness .

• Consider limiting speakers to a set time such as three to five minutes. f such aprocedure is used, make sure it is applied fairly and consistently.

• Consider using speaker cards . These can help identify how man y people wish to speakand also whether they support or contest an issue. They also are invaluable inrecording the names and addresses of speakers. Recognize , however , that if a persondoes not wish to fill out a card or give their name, they still ha ve th e legal right to speak.

• Make sure Commission/Board members address col leagues and not the audience.Directly addressing the audience can result in loss of control of the m ee ting. n limited

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instances it may however be appropriate to address the pu lic for instance to explainn issue or to note that their concerns have been unde rstood.

Continue items that ca nnot be decided at the m eeti ng . This does not preclude theCommission/Board from allowing anyone who wishes to speak on the issue to do so .

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ONFLI TS OF INTEREST

The City o Carmel-by-the-Sea has adopted a Conflict o Interest Code (Resolu tion 2014-61) inaccordance with state law, that states no person shall make or participate in a governmentaldecision which he or she knows or has reason to know will have a reasonably fore seeab le materialfinancial effect distinguishable from its effec t on the public generally.

The City Attorney is available to help Commission and Board members decide i the y have aconflict and should abstain from participation on any issue . There may be ins tances where afinancial conflict o interest is not the issue, but rather a member may have an appearance o biasor bias conflict. Again , the City Attorney is available to provide guidan ce in determining whet hera Commissioner or Board member should disqualify him /herself from acting on the item. n thes einstances , members should recuse themselves from a vote using the phrase , ... o a void theappearance o mpropriety.

n addition , Commission or Board members may be required by the City s Conflict of Interest Codeto declare personal financial information by filing a Statement o Economi c Interest (Form 700) .Upon appointment , the City Clerk shall provide the Commiss ioner or Board member with thedocuments necessary f or filing.


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CITY COUNCIL

RESOLUTION 2014 061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY O CARMEL BY THE SEA

APPROVING THE MODIFICATIONS TO THE CONFLICT OF INTEREST CODE ANDAUTHORIZING THE CITY CLERK TO FORWARD TO THE FAIR POLITICAL PRACTICES

COMMISSION

WHEREAS, amendments to the Political Reform Act, Government Code Section 81000,et seq. , have in the past and foresee ably will in the future, require conforming amendments to bemade in Conflict of Interest Codes adopted and promulgated pursuant to its provisions ; and

WHEREAS , the Fair Political Practices Commission has adopted Title 2, California Codeof Regulations §18730, which contains the terms of a standard model Conflict of Interest Code ,which can be incorporated by reference , and which will be amended to conform to amendmentsin the Political Reform Act after public notice and hearings co nducted by the Fa ir PoliticalPractices Commission pursuant to the Administrative Procedure Act, Government Code Section11370 et. seq.; and

WHEREAS, certain changes and additions must be made periodicall y to the existingCode; and

WHEREAS, incorporation by r e ferenc e of the terms of the aforementioned regul ation andamendments to it in Conflict of Interest Codes will save the City time and money by minimizingthe actions required to keep the Code in conformity with the Political Reform ct and authorizethe City Clerk to file the Resolution with the Fair Political Practices Commission.

NOW, THEREFORE , BE IT RESOLVED TH T THE CITY COUNCIL OF THE CITY OF

CARMEL-BY-THE-SEA DOES :

1. Rescind and supersede all previously adopted Resolutions and amendments theretoapproving or adopting Conflict of Interest Codes for the City Council and Cityagencies (Departments, Boards, Commissions, Committees, etc .).

2 Approve the adoption and incorporation by reference of the terms of 2 CaliforniaCode of Regulations Section 18730 , as it may be amended from time to time bythe Fair Political Practices Commission, along with the attached Exhibit A inwhich officials and employees are designated and disclosure form categories areset forth, which co nstitutes the Conflict of Interest Code for all departments andagencies of the City of Carmel-by-the-Sea.

3 Require that all designated officials and employees file statements of economicinterests with the City Clerk, who will make the statements available for pub licinspection and reproduction.

4 . Impose fines allowed by law for persons filing after deadlines set by this Code.

5 Adopt the attached Exhibit A , listing of designated officials and employees whoare governed by the Conflict of Interest Code, inc luding the list of dis c losureca tegories .

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6 . Upon receipt of the statements of the Mayor and Members of the City Council theCity Administrator the City Treasurer the City Attorney and the members of thePlanning Commission the City Clerk shall make and retain a copy and forward theorigina l of these statements to the offices of the Fair Political PracticesCommission. Statements for all other designated employees shall be retained by

the City Clerk.PASSED AND ADOPTED Y THE CITY COUNCIL OF THE CITY OF CARMEL- BY-THE

SEA this 9th day of September 2014 by the following roll call vote:

AYES : 4 COUNCIL MEMBERS: Dallas Beach Talmage Burnett

NOES : 0 COUNCIL MEMBERS:

ABSENT: 1 COUNCIL MEMBER: Theis

ABSTAIN : 0 COUNCIL MEMBERS:

SIGNED:

Jason Burnett MayorTIEST :

Lori Frontella MMC Interim City Clerk

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EXHIBIT ACITY OF CARMEL-BY-THE-SEA

DESIGNATED OFFICIALS, EMPLOYEE, AND CONSULTANTSThe follow ing positions are required to file Fair Politic al Pra ctices Commission F PPC )

Form 700 pursuant to the Government Code Section 87200:• Mayor

• Council Members• Planning Commissioners• City Administrator• City Treasurer• Candidates for Elect ive Office

All design ate d officials , employees , a n co nsult a nts sh all file Statements of Economic Interestswith the City Clerk and shall file statements based on dis c losure categories as des cribed herein.Th e following positions are required to file Stat e ments of Econom ic Intere st pursuant to th ePolitical Reform Act of 197 4

Appointed positions Position DisclosureCategory *

Members of City Boards and 1Commissions (excluding the PlanningCommissioners)

Department Position DisclosureCategory*

City Administrator Office City Clerk 1 2City Engineer 1 2 3 4Deputy City Clerk 1

Administrative Services Administrative Services Director 1 2Finance Manager 1 2Finance Specialist 1

Senior Human Resources Analyst 1 2Information Systems/Network 2Manager

Community Planning Community Planning and Building 1 2 3 4and Building Director 1 2 3 4

Associate Planner 1 2 3 4Building Official 1 2 3 4Senior Planner

Library and Community Library and Community Activities 1 2Activities Director 1 2

Circulation SupervisorPublic Safety Public Safety Director 1 2

Police Commander 1 21 21 2

Public Services Public Services Director 1 2 3 4City Forester 1 2Project Manager 1 2 3 4Public Works Superintendent 1 2 3 4

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ETHICS TR INING

State law AB1234 requires that local officials that receive compensation, sa lary stipends, orexpense reimbursements must receive training n public service e thi cs laws and princ ipa lsevery 2 years. he requirement applies to the governing body of local agenc y as well asboards, commissions, and committees, or other local agency bod ies, whether permanent ortemporary, decision-making or advisory . Therefore, you are required to complete this

training.

he Institute for Local Government and the Fair Political Practices Commission de ve lopedan online ethics course to help local officials meet their ethi cs training re quirements. Uponcompletion of the ethics training, members are required to pr int their certificate, sign it, andreturn the original hard copy document to the Clerk s Office .

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R LPH M BROWN CT

The Ralph M Brown Act, commonly referred to as the Brown Act , is California 's suns hine lawfor local government. It is codified in the California Government Code beginning at Section 54950.

The Brown A ct mandates that local government business be conducted at open and publicmeetings, except in certain limited situations (i.e. closed sessions). The central provision o theBrown Act requires all meetings o a legislative body to be open and public. The Brown Actbroadly defines the term meeting to include any congregation of a majority o the members o aparticular legislative body at the same time and place to hear, discuss, or deliberate upon anyitem that is within the subject matter jurisdiction of the legislative body. The City Council is alegislat ive body as are other Commissions o the City (i.e. Planning Commission, Arts

Commission, Parks and Recreation Commission, etc.). Under the Brown Act, a major ity o themembers o the legislative body are prohibited from discussing , deliberating about or developinga collective concurrence regarding any item that is within the legislative body's jurisdiction exceptas part o a duly noticed public meeting. The purpose o these provisions is to e nsure that localgoverning bodies deliberate in public.

The Brown Act also requires that the public be given notice of the time and place meetings are to

be held . As a general rule , a legislative body may not act on or discuss any item that does notappear on the agenda posted for the meet ing. There are, however , certain exceptions to this rule.In addition , the Brown Act protects the public 's right to attend and participate in meetings. TheBrown Act requires that a n agenda allow for two types of public comment periods. The first is ageneral audience comment peri od where the public can comment on any item of interest that iswithin the subject matter jurisdiction o the legislative body. The second type o pub lic commentperiod is the specific comment period pertaining to items on the agenda. The Brown Act requi resa legislative bod y to allow members o the public to comment on agenda items either before orduring the body 's consideration o that item .

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FURTHER INFORM TION

City of Carmel-by-the-Sea Municipal Code

The City of Carmel-by-the-Sea Municipal Code contains local laws and regulations adopted byordinances. The Municipal Code is located online at the City's websiteor

http://www.codepublishing .com/CNCarmelbytheSea .California Government Code

The state government code contains many requirements for the operation o city governmentand administration of meetings of City Councils throughout the state. Many o theserequirements, such as open meeting laws , are replicated or referenced within the municipalcode to ensure there is broad awareness o such requirements . The City o Carmel-by-the-Seais a "general law " city which means it is organized and governed in accordance with provis ionso the government code.

General Plan & Local Coastal Land Use Plan

The purpose o the General Plan is to fa vo r the general interest over the special interest in orderto give durability to the Carmel expe rience and our spe cia l qual ity o living.

The General Plan is a comprehensive statement o the planning goals and polic ies for the Cityo Carmel-by-the-Sea and its surrounding Sphere o Influence . By State law, each communitymust prepare , adopt, and periodically update its General Plan . Seven specific elements arerequired by th e California Government Code Section 65302 and must be included in eachGeneral Plan : Land Use, Circulation, Housing , Conservation, Open Space, Noise and Safety .

The City o Carmel's General Plan has been combined with its Local Coastal Land Use Plan toensure coordination o these two policy documents. The Coastal Land Use Plan sets forthgoals, objectives, and policies th a t govern the use o land and water in Carmel-by-the-Sea.

The City o Carmel 's General Plan and Local Coastal Land Use Plan can be found on the City'swebsite at: http :/ ci. carmel. ca. us /carme 1/index .cfm/govern ment staff-de partments /comm unityplanning -and-building

Budget

One o th e most significant implementation actions the City Council undertakes each year is theapproval o the City's budget. The City 's budget procedures can be found in Chapter 3.06"Budget Procedures" o the Municipal Code.

Emergency Operations Plan

The Carmel Emergen cy Operations Pl a n (CEOP) is an original pla n th a t in corporates thepolicies and principles o the National In c ident Management System (NIMS) and theStandardized Emergency Management System (SEMS). The plan is intended to provideorganizational and policy guidance for us e during an emergency or disaster based oncontemporary standa rd s and operational reference for training and indoctrination o Cityemp loyees, and standardized e mergency che c klists and forms .

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POLICIES ND PROCEDURES

*The C ity of Carm el-by-the -S ea Policy Manual ha s been adopted to: be d ire t ives of the C ity Counci l or City Administra to r (d irec tedto the staff) and be Cityw ide in scope ; s ta te manageme nt principles , precepts and s ta ndards ; provide decis ion -making guidelinesand operating parameters for the i ty Council and staff; prov ide standard answers for questions frequently asked and that ant icipateand provide for ac tion ; delineate co urses of ac tion required ; and/or document inte r epartme nt a l ag ree m ent an d coord inat ion forrecurrent an d /or ongoing sit uations. A hard copy o f the manual can be requ es ted thru the C ity Clerk s o ff ice . Poli cies that areapplicable to the City Council have been includ e d in this manual.

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POLICY ND PROCEDURE

Subject: City Council Meetings/Orders ofCouncil/Agenda Packets/Minutes o fMeeting and Agenda Distribution

IEffective Date 2 August 1988

Purpose:

Policy Procedure No: C89 02

IAuthority Resolution No. 88-89

To prov ide a guide for the City Council and st ff for the conduct of public meetings, agenda and minutepreparation and distribution of agenda packets .

Policy Procedure:1. Adoption of action minutes as outlined in the attached memorandum from the League of California

Cities.2. Adoption of City Clerk s policy regarding agenda packets (No packets shall be disseminated until the

pa ckets are made available to the City Council).3. Adoption of the sequence of the Orders of Council as set forth in the policy attached.

Responsible Party : City Admini strator/City Clerk

Department o f Origin : Administ ration/Ci ty Council

Revision Dates:2 March 2009 (28 October 2008 Coun cil Retreat)5 June 2012 (Resolution No . 2012-33)

Rescinded Date

City Administrator Approval

Signature Date

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CITYOF CARMEL-BY-THE-SEACITYCOUNCIL

RULES AND PROCEDURES

The City Council is composed of five members: Mayor and four Council Members . The Mayor serves atwo-year term and members of the City Council serve four year terms.

I. ELECTED OFFICIALS

A. ayor directly elected since 1978)

The ayor is the chair of the meeting and, as such, presides at all Council meetings. As the tit ular headof t he City Council, the ayor represents the City at quasi -governmental and social functions and mayrepresent the City Council before other governmental bodies on specific matters as may be authorizedby the City Council.

B. ayor Pro Tempore

The ayor Pro Tempore is appointed by the ayor in May. The Mayor Pro Tempore shall not servemore than two consecutive one-year terms . This appointment is announced by the Mayor , but does notneed to be ratified by the City Counci l. In the absence of the Mayor , the Mayor Pro Tempore shall chairthe City Council meetings and may attend social/quasi-governmental functions on behalf of the City.

C. Absence of both the Mayor and ayor Pro Tempore

In the absence of both the ayor and ayor Pro Tempore , members of the City Counci l shall appoint an

acting Mayor Pro Tempore, who shall have the powers and du t ies of the Mayor Pro Tempore asdescribed above .

II CITY COUNCIL MEETINGS

City Coun cil m eet ing d ates and types e .g. Regular , Special, Closed Session, Tour of Inspection) areregulated by Chapter 2 of the Municipal Code .

A. Agenda

Only items that are agendized may be acted on at any Council meeting.

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• Agenda Preparation

The draf t agenda is prepared by the City Administ rator and City Clerk with the input of all departmentdirectors and is reviewed at weekly staff Management meetings.

• Agenda Finalization

The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk nine business daysprior 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 m ay request, in writing, t hat an item ofpersonal interest or a major issue be continued to the ne xt meeting . The City Council shall vote on

the issue of continuance.

• Agenda Posting

The Agenda is posted City Hall, Main Library and Post Office bul letin boards and on the City Website) aminimum 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

Th e Orders of City Council business are adopted by Resolution of the City Council. The Orders of CityCouncil Busines s are :

• Extraordinary Busi ness

This category allows the City Council to recognize volunteers, employees, present certificates ofappreciation and awards.

• Announcements from City Council Members City Administra tor

Th is category allows an opportunity for City Council Members to comment on meetings attended ofoutside agencies and the City Administrator to give brief report to the City Council and receivepresentations that require little or no action.

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• Public Appearances

The public has opportun ities to speak to the City Council. The Public Appearances section allowspersons 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 C ity Council sagenda will not receive action at th at meeting but may be referred to staff for a future meeting orresolution outside of a City Council meeting. The City Council reserves the right to limit the duration ofthe Public Appearances section of the agenda to thirty minutes to tal.

Members of the public are entitled to directly address the City Council concerning any item that isdescribed in the notice of the City Council meet ing during consideration of that item. Public commentso r te stimony on agenda items other than Public Appearances shall be limited to a max imum of threem inutes per speaker .

• Consent Agenda

Consent Agenda items w ill be voted on in one motion unless removed. The Consent Agenda consists ofrout ine and non -controversial City matters that can be as a whole approved by a single majori ty vote.Any City Council Member or member of the pub lic may ask to have an item pulled from the ConsentAgenda for discussion. Such items are normally moved to the end of the meeting .

f a City Council Member has a question for information only about a Consent Agenda item , the Membershould ask prior to the meet ing, rather than pull ing the item for discussion during the meeting .

Corrections to the Minutes are given to the City C lerk prior to the meet ing so that cor rections can bemade prior to their adoption.

• Orders of Council

Orders of Council include reports of committee/commissions , ordinances and resolutions, publichearings, reports of off icials, unfinished business, and council matters.

Public Hear ings consist of zoning amendments, General Plan amendments, appeals of Commissiondecisions and other items mandated by the State. f the Public Hearing is an appeal, appellants areallowed a tota l of 10 minutes to speak on their own behalf after the staff report and at the close ofpublic comment in order to have the opportunity to rebut public comments . Other speakers will beallowed three m inutes . Formal Publ ic Hearings must be advertised pursuant to State and GovernmentCodes .

Ordinances are the most binding form of action the City Coun cil can take . They are codified as theMunicipal Code of the City of Ca rmel-by-the -Sea wh ich is the municipal law of the City. The City Councilhas authority to pass ordinances through Government Code Section 37100, as long as these ord inance sdo not conflict with the laws and Const itu t ion of the State of Ca lifornia or of the United States .Ord inances require two readings and do not become effect ive until 3 days after the second reading.

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A resolution is a formal form o f a motion normally utilized to set forth policy of the City. Eachresolution, in addition to being referenced by number and brief title in the minutes, will be recorded asprovided by law and maintained in numerical sequence as a permanent record o f the City in a separateset of books. Resolutions are used for various reasons, such as when specifically required by law, whenneeded as a separate evidentiary document to be transmitted to another governmental agency orwhere the frequency of future references back to its contents warrants a separate document tofacilitate such future reference and research.

Ill CONDUCT OF CITY COUNCIL MEETINGS

A. General Procedure

t is the policy of the Council not to become involved in entanglements over parliamentary procedure.Purs uant to the Municipal Code, the Chair shall have authority to prevent the misuse of motions, or theabuse of any privilege, or obstruction o f the bus iness 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/shehas 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 f loor may address a question toanother Council Member. That Council Member may respond while the floor is still held by the CouncilMember asking the question.

Council Members will limit their comments to the subject matter, ite m or motion being currentlyconsidered by the Council. They will govern themselves as to the length of their comments orpresentation.

C. Meeting Procedures fo r review of Each Item on the Agenda with the exception ofPublic Hearings :

• The Mayor will read the agenda item under discuss ion.• 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 openingof the discussion to members of the audience.

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D Public input/ oral presentations

Any member of the public wishing to address the Council orally on a specific agenda item may do sowhen 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 sub mitcomments in writing to the City Clerk by the Tuesday prior to the meeting so th ey may be included inthe agenda packet. In order to expedite matters and to avoid repetitious pre se nt ations whenever anygroup of persons wishes to address Council on the same subject matter the presid ing officer mayrequest that a spokesperson be chosen by the group . A specifie d time limit also may be set for th e totalpresentation 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 furtherquestions to staff.

• The Mayor/City Administrator/ Attorney shall remind the City Council of the action beforeCouncil.

• City Council discussion• City Council action/motions

Before a motion can be considered or debated it must be seco nded . On ce the motion has beenproper ly made and seconded the Chair shall ope n the m atter for discussion offering the fi rstopport u nity to the mov ing party and ther eafter to any City Council Member properly recog nized by theChair. Once the matter h as been fully discussed and the Chair calls for a vote no further discussion willbe allowed.

Council Members ma y be allowed to explain the ir vote bri efly for the re cor d . Once a vote is taken allCouncil Members shall suppo rt the action tak en .

• Substitute motions

When a motion is on the floor any member of City Council may ma ke a substitute motion . f thesubstitute motion is seconded it shall be acted upon prior to acting on the main motion .

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• Ti

Documents

Revisions Made to Council and Board-Commissioner Member Hanbooks 03-01-16