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Agenda packet

Carmel-by-the-Sea City Council
June 2, 2025

Document
Agenda packet
Meeting
June 2, 2025
Body
Carmel-by-the-Sea City Council
Pages
11
Original file
58.5 MB
Text extracted from the city's file for reading and search. Open the original on carmelbytheseaca.api.civicclerk.com. That file is the official record.

C89-02

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 twoyear 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 may be authorized by the City Council.

B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in December or at the first meeting after the City Council is seated following an election. 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-governmentalfunctions 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. • Agenda Finalization
The Mayor and Mayor ProTempore meet with theCity Administrator and City Clerk prior to the meeting to finalize the draftagenda.

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• 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.
• AgendaPosting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the City Website) 6 days prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.

B. OrdersofCityCouncilBusiness
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.

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-controversialCity 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.

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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
Ordersof Councilincludereportsof committee/commissions,ordinances andresolutions, 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, unless it is an Urgency Ordinance 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 frequency of future references back to its contents warrants a separate document to facilitate such future reference and research.

Ill. CONDUCT OFCITYCOUNCIL MEETINGS
A. GeneralProcedure
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.

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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 membersoftheaudience.

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 onthe same subject matter,the presidingofficer 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 PublicComment
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 shallremind the City Council of the action before Council. • City Councildiscussion
• CityCouncil 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.

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• 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 t aken. • Motions toreconsider
Motions to reconsider a matter may be made at the same meeting or at the next succeeding meeting following a Council action for reconsiderati on. 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 orfailure of an item.

E. MeetingProcedureforformalAppeals/PublicHearings
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 (C89-02)
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..."). All motions made, even those made without a second are to be included in the minutes.

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• Items entered into the record
Allagenda items/documentation/correspondencereceived at a Council meeting shall be retained in the City’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. OfficialRecordingsoftheMeeting
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; Planning Commission meetings, and recordings of other commissions/boards shall be retained pursuant to the City’s adopted Retention Schedule.

Amended: October 6, 2020
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COUNCIL MINUTES
A. PREFACE
City Clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings (Gov. C. 36814, 40801). Cities governed by freeholder's charters are usually subject to the same requirement s. Although there is no legal necessity to do so, it is appropriate to mention, introductorily, in the minutes that the meeting was convened and held as noticed.

B. PURPOSE OF COUNCIL MINUTES
A most important principle of corporation law, applicable to private, public, and municipal corporations, is that such organizations can only act through their officers and employees. These corporations are governed by fixed rules found in the basic law of the organization; in charter and state statutes in the case of municipal corporations.

When these factors are considered, the keeping of a good record of council proceedings becomes obvious. A sufficient record must be kept to furnish evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the need for accurate and clear records of council proceedings. Finally, if accurate, complete, and unambiguous minutes of City Council meetings are recorded, these facts themselves will be treated as conclusive evidence of the facts therein stated.

C. FORM AND CONTENTS OF COUNCIL MEETING MINUTES

1. Standard Forms:

Use of standardized format is recommended to develop uniformity on minute entries and to save time in composing the record.

2. Jurisdictional Matters
To establish proof that jurisdictional requirements for holding a meeting have been complied with, it is important that minutes contain the following:
a. Date, hour, and place of meeting.
b. Whether it is a regular, adjourned, or special meeting. c. A proper notice has been given if it is a special meeting. d. The names of council members in attendance (in case a council member arrives late, or departs before adjournment, the minutes should show the time of arrival and/or departure at that point in the proceedings).

3. Approval of Minutes of Previous Meetings
Although there is no legal requirement that minutes be approved by the City Council, this traditional procedure is advisable as it lends further weight to the accuracy and completeness of the record. It is recommended that the City Council be furnished copies of minutes in sufficient time prior to a City Council meeting to avoid any necessity of reading of the minutes by the clerk. When approved as written, or as changed by the City Council, the minutes are considered to be official.

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4. Record of Action Taken
The minutes need only record:
a. Petitions and communications

1. Date of the document

2. Subject

3. Authors, if only a few

4. Number of signers, if numerous

5. Action taken
The minutes need not record the comments made by members of the City Council concerning the merit or lack of merit of the petition or requests contained in the document, unless expressly requested by the officer making such comment. The reason for the latter observation is that the document speaks for itself, and it has no legal significance until the City Council acts or refuses to act with respect thereto.
b. Consideration of bids

1. Record of bids filed and opened
a. The subject matter of the bids
b. The compliance with all requirements for the advertising for such bids. c. The names of all bidders, and the total amounts of their respective bids.

2. Action taken with respect to bids.
a. It is preferable that a resolution, prepared or approved by the City Attorney, be used in awarding contracts to the successful bidder. When this is done, the minutes need only refer to the resolution in recording the action taken. b. If the City Council determines to accept a bid which is not the lowest in amount, it is advisable that the minutes show that such bid was "the lowest reasonable bid".

Whether the minutes should include a record of the matters leading to the determination of "responsibility" is a decision clerks might well review with their City Attorneys.
c. Ordinances and resolutions

1. Introduction
The information which should be recorded in City Council minutes, with respect to the introduction of an ordinance, depends upon the particular rules or practices of each city on the subject. Thus, if the practice requires that before an ordinance or resolution can be acted upon, it shall be introduced by one City Council Member, and seconded by another, this information should be recorded in the minutes.

Generally speaking, minutes should record the following data concerning the introduction of an ordinance or resolution:

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aa. The title or subject matter
bb. The names of the City Council Members introducing and seconding

2. Compliance with jurisdictionalrequirements prior to action taken on ordinances or resolutions
Whenever the basic law or rules of a city require that a certain procedure must be followed prior to any action taken in adopting an ordinance or resolution, the minutes should show such compliance. This would include a statement referring to the previous introduction of the ordinance and would include a reference on an urgency ordinance that it is an urgency ordinance.

3. Votes cast for or against adoption of ordinances and resolutions aa. Presumption of validity of ordinances and resolutions. There is a presumption in favor of the due and regular adoption or rejection of a city ordinance or resolution, if there are any official records to support that presumption, and that the votes were cast in substantial accordance with the requirements of the law or regulations pertaining to such matters.

This is particularly true where the ordinance or resolution contains a certificate signed by the mayor and/or clerk.
bb. Voting procedure governing adoption of ordinances and regulations (See Chapter VI on legislative Procedures)
d. Reportsofofficers

1. . Written reports
Since any written record is the best evidence of its contents, a written report presented at a City Council meeting need only be mentioned in the minutes by reference to:
aa. Name or title of the officer
bb. Date of the report
cc. Subject or title of report
dd. Disposition made of report, if any
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PROPOSED CHANGES TO CITY OF

CARMEL-BY-THE-SEA POLICY AND PROCEDURE
Subject: City Council Meetings/Orders of
Council/Agenda Packets/Minutes of
Meeting and Agenda Distribution
Policy/Procedure No: C89-02
Effective Date: 2 August 1988 Authority: Resolution No. 88-89 Purpose:

To provide a guide for the City Council and staff for the conduct of public meetings, agenda and minute preparation 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 packets 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 Administrator/City Clerk
Department of Origin:

Administration/City Council
Revision Dates:
2 March 2009 (28 October 2008 Council Retreat)
5 June 2012 (Resolution No. 2012-33)
6 October 2020 (Resolution No. 2020-063)
Rescinded Date :

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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 may be authorized by the City Council.

B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in December or at the first meeting after the City Council is seated following an election. 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.  Agenda Finalization
The Mayor and Mayor Pro Tempore meet with the City Administrator and City Clerk prior to the meeting to finalize the draft agenda. (CHANGE NO. 1)
 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.

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 Agenda Posting
The Agenda is posted (City Hall, Main Library and Post Office bulletin boards and on the City Website) 6 days prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.

Presentation materials for agenda items shall be posted with the Agenda Packet or no later than 5 pm on the Friday before the City Council meeting. (CHANGE NO. 2) Agendas may include a specific start time for an item. If there is a specific start time for an item, the Council will complete the consideration of the item in progress and then proceed to consider the item which has a specific start time. (CHANGE NO. 3) 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, and present certificates of appreciation and awards.
 Announcements from City Council Members & City Administrator & City Clerk 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. The City Clerk will announce whether the City has received and posted written public comments for any agenda items. (CHANGE NO. 4)  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 for Regular City Council meetings.. 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. Mayor may ask for the number of people who wish to speak on an item and may adjust the public comment time accordingly. (CHANGE NO. 5) For Special City Council meetings, public comment will be allowed on the item or items listed on the Special Meeting Agenda. (CHANGE NO. 6)
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.

Speakers may be requested to consider making a statement that they agree with the comments of a prior speaker. (CHANGE NO. 7)
Under the Brown Act, comments on agenda items must relate to that specific item, and comments on non-agenda items must fall within the legislative body’s jurisdiction. Remote or inperson participants who do not comply with the requirements of the Brown Act will be muted. (CHANGE NO. 8)
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 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, unless it is an Urgency Ordinance 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 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.

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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: (CHANGE NO. 9)
•1. The Mayor will read the agenda item under discussion. •2. Staff will present a brief report unless Council directs that no staff report is necessary..

3. Upon recognition by Mayor, Members of the City Council may ask questions of staff.

4. Mayor may request Councill discussion on an item before public comment

5. Mayor will ask for public comment in chambers and then remote

6. Mayor will ask for Council discussion

4.7. Mayor will ask Council to take action for an action item including motions, resolutions, ordinances and directions to 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 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.

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 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 on. 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.
 Curfew (CHANGE NO. 10)
New items will not be started after 9:30 pm unless the City Council votes to extend the time of the City Council meeting.

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
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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.

Public Hearings may be scheduled for special City Council meetings except for Public Hearings for the adoption of a regular ordinance. (CHANGE 11).

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..."). All motions made, even those made without a second are to be included in the minutes.  Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be retained in the City’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 Recording 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; Planning Commission meetings, and recordings of other commissions/boards shall be retained pursuant to the City’s adopted Retention Schedule.

Amended: October 6, 2020
Attachment 2
Resolution 2020-063

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4900-8183-2250 v1

COUNCIL MINUTES
A. PREFACE
City Clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings (Gov. C. 36814, 40801). Cities governed by freeholder's charters are usually subject to the same requirement s. Although there is no legal necessity to do so, it is appropriate to mention, introductorily, in the minutes that the meeting was convened and held as noticed.

B. PURPOSE OF COUNCIL MINUTES
A most important principle of corporation law, applicable to private, public, and municipal corporations, is that such organizations can only act through their officers and employees.

These corporations are governed by fixed rules found in the basic law of the organization; in charter and state statutes in the case of municipal corporations.

When these factors are considered, the keeping of a good record of council proceedings becomes obvious. A sufficient record must be kept to furnish evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the need for accurate and clear records of council proceedings. Finally, if accurate, complete, and unambiguous minutes of City Council meetings are recorded, these facts themselves will be treated as conclusive evidence of the facts therein stat ed.

C. FORM AND CONTENTS OF COUNCIL MEETING MINUTES

1. Standard Forms:

Use of standardized format is recommended to develop uniformity on minute entries and to save time in composing the record.

2. Jurisdictional Matters
To establish proof that jurisdictional requirements for holding a meeting have been complied with, it is important that minutes contain the following:
a. Date, hour, and place of meeting.
b. Whether it is a regular, adjourned, or special meeting. c. A proper notice has been given if it is a special meeting. d. The names of council members in attendance (in case a council member arrives late, or departs before adjournment, the minutes should show the time of arrival and/or departure at that point in the proceedings).

3. Approval of Minutes of Previous Meetings
Although there is no legal requirement that minutes be approved by the City Council, this traditional procedure is advisable as it lends further weight to the accuracy and completeness of the record. It is recommended that the City Council be furnished copies of minutes in sufficient time prior to a City Council meeting to avoid any necessity of reading of the minutes by the clerk. When approved as written, or as changed by the City Council, the minutes are considered to be official.

4. Record of Action Taken
The minutes need only record:
a. Petitions and communications

1. Date of the document

2. Subject

3. Authors, if only a few
Attachment 2
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4900-8183-2250 v1

4. Number of signers, if numerous

5. Action taken
The minutes need not record the comments made by members of the City Council concerning the merit or lack of merit of the petition or requests contained in the document, unless expressly requested by the officer making such comment. The reason for the latter observation is that the document speaks for itself, and it has no legal significance until the City Council acts or refuses to act with respect thereto. b. Consideration of bids

1. Record of bids filed and opened
a. The subject matter of the bids
b. The compliance with all requirements for the advertising for such bids. c. The names of all bidders, and the total amounts of their respective bids.

2. Action taken with respect to bids.
a. It is preferable that a resolution, prepared or approved by the City Attorney, be used in awarding contracts to the successful bidder. When this is done, the minutes need only refer to the resolution in recording the action taken.
b. If the City Council determines to accept a bid which is not the lowest in amount, it is advisable that the minutes show that such bid was "the lowest reasonable bid". Whether the minutes should include a record of the matters leading to the determination of "responsibility" is a decision clerks might well review with their City Attorneys.
c. Ordinances and resolutions

1. Introduction
The information which should be recorded in City Council minutes, with respect to the introduction of an ordinance, depends upon the particular rules or practices of each city on the subject. Thus, if the practice requires that before an ordinance or resolution can be acted upon, it shall be introduced by one City Council Member, and seconded by another, this information should be recorded in the minutes.

Generally speaking, minutes should record the following data concerning the introduction of an ordinance or resolution:
aa. The title or subject matter
bb. The names of the City Council Members introducing and seconding

2. Compliance with jurisdictional requirements prior to action taken on ordinances or resolutions
Attachment 2
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Whenever the basic law or rules of a city require that a certain procedure must be followed prior to any action taken in adopting an ordinance or resolution, the minutes should show such compliance. This would include a statement referring to the previous introduction of the ordinance and would include a reference on an urgency ordinance that it is an urgency ordinance.

3. Votes cast for or against adoption of ordinances and resolutions aa. Presumption of validity of ordinances and resolutions. There is a presumption in favor of the due and regular adoption or rejection of a city ordinance or resolution, if there are any official records to support that presumption, and that the votes were cast in substantial accordance with the requirements of the law or regulations pertaining to such matters.

This is particularly true where the ordinance or resolution contains a certificate signed by the mayor and/or clerk. bb. Voting procedure governing adoption of ordinances and regulations (See Chapter VI on legislative Procedures)
d. Reports of officers

1. . Written reports
Since any written record is the best evidence of its contents, a written report presented at a City Council meeting need only be mentioned in the minutes by reference to:
aa. Name or title of the officer
bb. Date of the report
cc. Subject or title of report
dd. Disposition made of report, if any
Attachment 2
Resolution XX

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PROPOSED CHANGES TO CITY OF

CARMEL-BY-THE-SEA POLICY AND PROCEDURE
Subject: City Council Meetings/Orders of
Council/Agenda Packets/Minutes of
Meeting and Agenda Distribution
Policy/Procedure No: C89-02
Effective Date: 2 August 1988 Authority: Resolution No. 88-89 Purpose:

To provide a guide for the City Council and staff for the conduct of public meetings, agenda and minute preparation 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 packets 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 Administrator/City Clerk
Department of Origin:

Administration/City Council
Revision Dates:
2 March 2009 (28 October 2008 Council Retreat)
5 June 2012 (Resolution No. 2012-33)
6 October 2020 (Resolution No. 2020-063)
Rescinded Date :

Attachment 3
Resolution XX

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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 may be authorized by the City Council.

B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in December or at the first meeting after the City Council is seated following an election. 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. • 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) 6 days prior to a regular meeting and a minimum of 24 hours prior to a Special Meeting.

Attachment 3
Resolution XX

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Presentation materials for agenda items shall be posted with the Agenda Packet or no later than 5 pm on the Friday before the City Council meeting.

Agendas may include a specific start time for an item. If there is a specific start time for an item, the Council will complete the consideration of the item in progress and then proceed to consider the item which has a specific start time.

B. OrdersofCityCouncil 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, and present certificates of appreciation and awards.
• Announcements from City Council Members & City Administrator & City Clerk 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. The City Clerk will announce whether the City has received and posted written public comments for any agenda items. • 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 for Regular City Council meetings.. 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. Mayor may ask for the number of people who wish to speak on an item and may adjust the public comment time accordingly. For Special City Council meetings, public comment will be allowed on the item or items listed on the Special Meeting Agenda.

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.

Speakers may be requested to consider making a statement that they agree with the comments of a prior speaker.

Under the Brown Act, comments on agenda items must relate to that specific item, and comments on non-agenda items must fall within the legislative body’s jurisdiction. Remote or inperson participants who do not comply with the requirements of the Brown Act will be muted. • 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 Attachment 3
Resolution XX

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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, unless it is an Urgency Ordinance 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 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. GeneralProcedure
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 Attachment 3
Resolution XX

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presentation.

C. Meeting Procedures for review of Each Item on the Agenda (with the exception of Public Hearings:

1. The Mayor will read the agenda item under discussion.

2. Staff will present a brief report unless Council directs that no staff report is necessary.

3. Upon recognition by Mayor, Members of the City Council may ask questions of staff.

4. Mayor may request Councill discussion on an item before public comment

5. Mayor will ask for public comment in chambers and then remote

6. Mayor will ask for Council discussion

7. Mayor will ask Council to take action for an action item including motions, resolutions, ordinances and directions to staff.

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 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 Attachment 3
Resolution XX

Page 6 ends

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 on. 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.
• Curfew
New items will not be started after 9:30 pm unless the City Council votes to extend the time of the City Council meeting.

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.

Public Hearings may be scheduled fo special City Council meetings except for Public Hearings for the adoption of a regular ordinance.

F. Minutes of Meeting Policy (C89-02)
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 Attachment 3
Resolution XX

Page 7 ends

record, they will be included if so requested at the meeting (e.g. "for the record, I wish to state..."). All motions made, even those made without a second are to be included in the minutes. • Items entered into the record
All agenda items/documentation/correspondence received at a Council meeting shall be retained in the City’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. OfficialRecording of theMeeting
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; Planning Commission meetings, and recordings of other commissions/boards shall be retained pursuant to the City’s adopted Retention Schedule.

Amended: October 6, 2020
Attachment 3
Resolution 2020-063

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4900-8183-2250 v1

COUNCIL MINUTES
A. PREFACE
City Clerks in general law cities are specifically required to keep a record, journal or minutes of the council meetings (Gov. C. 36814, 40801). Cities governed by freeholder's charters are usually subject to the same requirement s. Although there is no legal necessity to do so, it is appropriate to mention, introductorily, in the minutes that the meeting was convened and held as noticed.

B. PURPOSE OF COUNCIL MINUTES
A most important principle of corporation law, applicable to private, public, and municipal corporations, is that such organizations can only act through their officers and employees.

These corporations are governed by fixed rules found in the basic law of the organization; in charter and state statutes in the case of municipal corporations.

When these factors are considered, the keeping of a good record of council proceedings becomes obvious. A sufficient record must be kept to furnish evidence that the City Council has complied with the law or rules by which it is governed, thus pointing to the need for accurate and clear records of council proceedings. Finally, if accurate, complete, and unambiguous minutes of City Council meetings are recorded, these facts themselves will be treated as conclusive evidence of the facts therein stated.

C. FORM AND CONTENTS OF COUNCIL MEETING MINUTES

1. Standard Forms:

Use of standardized format is recommended to develop uniformity on minute entries and to save time in composing the record.

2. Jurisdictional Matters
To establish proof that jurisdictional requirements for holding a meeting have been complied with, it is important that minutes contain the following:
a. Date, hour, and place of meeting.
b. Whether it is a regular, adjourned, or special meeting. c. A proper notice has been given if it is a special meeting. d. The names of council members in attendance (in case a council member arrives late, or departs before adjournment, the minutes should show the time of arrival and/or departure at that point in the proceedings).

3. Approval of Minutes of Previous Meetings
Although there is no legal requirement that minutes be approved by the City Council, this traditional procedure is advisable as it lends further weight to the accuracy and completeness of the record. It is recommended that the City Council be furnished copies of minutes in sufficient time prior to a City Council meeting to avoid any necessity of reading of the minutes by the clerk. When approved as written, or as changed by the City Council, the minutes are considered to be official.

4. Record of Action Taken
The minutes need only record:
a. Petitions and communications

1. Date of the document

2. Subject

3. Authors, if only a few
Attachment 3
Resolution 2020-063

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4900-8183-2250 v1

4. Number of signers, if numerous

5. Action taken
The minutes need not record the comments made by members of the City Council concerning the merit or lack of merit of the petition or requests contained in the document, unless expressly requested by the officer making such comment. The reason for the latter observation is that the document speaks for itself, and it has no legal significance until the City Council acts or refuses to act with respect thereto. b. Consideration of bids

1. Record of bids filed and opened
a. The subject matter of the bids
b. The compliance with all requirements for the advertising for such bids. c. The names of all bidders, and the total amounts of their respective bids.

2. Action taken with respect to bids.
a. It is preferable that a resolution, prepared or approved by the City Attorney, be used in awarding contracts to the successful bidder. When this is done, the minutes need only refer to the resolution in recording the action taken.
b. If the City Council determines to accept a bid which is not the lowest in amount, it is advisable that the minutes show that such bid was "the lowest reasonable bid". Whether the minutes should include a record of the matters leading to the determination of "responsibility" is a decision clerks might well review with their City Attorneys.
c. Ordinances and resolutions

1. Introduction
The information which should be recorded in City Council minutes, with respect to the introduction of an ordinance, depends upon the particular rules or practices of each city on the subject. Thus, if the practice requires that before an ordinance or resolution can be acted upon, it shall be introduced by one City Council Member, and seconded by another, this information should be recorded in the minutes.

Generally speaking, minutes should record the following data concerning the introduction of an ordinance or resolution:
aa. The title or subject matter
bb. The names of the City Council Members introducing and seconding

2. Compliance with jurisdictional requirements prior to action taken on ordinances or resolutions
Attachment 3
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4900-8183-2250 v1
Whenever the basic law or rules of a city require that a certain procedure must be followed prior to any action taken in adopting an ordinance or resolution, the minutes should show such compliance. This would include a statement referring to the previous introduction of the ordinance and would include a reference on an urgency ordinance that it is an urgency ordinance.

3. Votes cast for or against adoption of ordinances and resolutions aa. Presumption of validity of ordinances and resolutions. There is a presumption in favor of the due and regular adoption or rejection of a city ordinance or resolution, if there are any official records to support that presumption, and that the votes were cast in substantial accordance with the requirements of the law or regulations pertaining to such matters.

This is particularly true where the ordinance or resolution contains a certificate signed by the mayor and/or clerk. bb. Voting procedure governing adoption of ordinances and regulations (See Chapter VI on legislative Procedures)
d. Reports of officers

1. . Written reports
Since any written record is the best evidence of its contents, a written report presented at a City Council meeting need only be mentioned in the minutes by reference to:
aa. Name or title of the officer
bb. Date of the report
cc. Subject or title of report
dd. Disposition made of report, if any
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 2, 2025

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Assistant City Administrator APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a presentation, discuss, and provide direction on options related to parking management in the City (Estimated time - 60 min)
RECOMMENDATION:

Receive a presentation, discuss, and provide direction on options related to parking management in the City.

BACKGROUND/SUMMARY:

Mayor Byrne will be prepared at the June 2nd Council meeting to lead a presentation and discussion about parking management options within the City. Following questions and public comments, Council will be asked to provide feedback and direction.

FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

NA
ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 2, 2025

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Correspondence Received After Agenda Posting
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Correspondence - Parking_McWalters
Nova Romero <[email protected]>
Parking Management
Mike McWalters Thu, May 29, 2025 at 11:59 AM
To: [email protected]
Cc: Robert Delves <[email protected]>, [email protected], [email protected], [email protected], Nova Romero <[email protected]>
Good morning Mayor Byrne & Mayor ProTem Delves & Councilmembers Baron, Dramov & Buder, Nova, thank you in advance for including this letter in “Public Correspondence” for Monday’s City Council meeting.

City Council, there’s a lot of unused parking spaces on the Golden Rectangle streets that could be turned into actual parking if you made San Antonio, Carmelo, Camino Real, Casanova, Monte Verde, Lincoln & Dolores one way streets (please see the enclosed map).

As Scenic Road is one-way running north to south, make San Antonio one way running south to north & alternating the “one-way” thru to Dolores & leaving San Carlos alone as a 2 way street.

You will free up a lot of parking spots on these streets by making the 2 way traffic lanes on these narrow streets a one way traffic lane.

Also recommend you leave 7th, 8th, 9th, 10th, 11th, 12th & 13th alone as 2 way streets.

Thank you for considering this.

Michael McWalters,
Sent from my iPhone
IMG_5620.jpg
3401K
5/29/25, 2:11 PM Carmel-by-the-Sea Mail - Parking Management https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permmsgid=msg-f:1833482522720429263&simpl=msg-f:1833482522720429263 1/1 Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 2, 2025

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Presentations received after agenda posting
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Parking Management Presentation
Council Policy C89-02 Presentation
All-In
Parking
Strategies
Council Briefing
Mayor Dale Byrne
Andrew Hooks
Volunteer
Steven Summer
National Parking & Valet
GOAL
Answer these questions:

Should improving
downtown Carmel’s
parking be an urgent City
Council priority?
If so, what immediate
actions could the City
take to improve resident,
business, and visitor
experience?

PARKING
Why It Matters
• Visitor, business, and resident frustration is high:

Some give up and leave and it is feared many won’t return • Businesses are observing unsafe driving behaviors:
mid-block turns, speeding, distraction
• Residents are staying away from downtown, and summer
events will make things more challenging
• It seems that AB 413 ”Daylighting Law” made our town less safe and it could be time to reverse the state-driven mandates • Based on two separate methods we believe Carmel is losing 10% of total revenue because of parking and traffic issues • It may be time to test some creative, cost-effective alternatives

ON-STREET

PARKING
• AB 413 remediation
• On-street optimization
• Valet parking program
• Forest Theater spots
• Paid parking at Del Mar
• Workforce parking
• Encourage ridesharing
• Shuttle service for peak
days and Car Week

PARKING
Short Term
Solutions

PARKING
Walker Study 2013

PARKING
Price Per Spot

ON-STREET

PARKING

PARKING
Potential
Financial
Impact
AB 413
Carve Out
(B) Notwithstanding subparagraph (A), a local authority may establish a different distance if both of the
following requirements are met:
(ii) A local authority establishes the different
distance by ordinance that includes a finding that the
different distance is justified by established traffic
safety standards.
(ii) A local authority has marked the different
distance at the intersection using paint or a sign.
https://legiscan.com/CA/text/AB413/id/2845316
AB 413
Speed Limit Reduction
AB 413
Speed Limit Reduction
AB 413
Traffic Study
• Radar speed study and
pedestrian count done
11-12 on Sunday 5/11
• Ocean between San
Carlos/Dolores
• 104 cars
• 85%’ile came out as 13
• Fastest was 21
• 427 pedestrians crossing
San Carlos
• Could use CPD
equipment to conduct
more thorough study
AB 413
Speed Limit Reduction (AB43/AB1014)
This bill would additionally authorize Caltrans and a local authority to declare a speed limit of 20 or 15 miles per hour, as specified, on these highways.
(4) Existing law authorizes a local authority, without an engineering and traffic survey, to declare a lowered speed limit on portions of highway, as specified, approaching a school building or school grounds. Existing law limits this authority to sections of highway meeting specified requirements relating to the number of lanes and the speed limit of the highway before the school zone.

This bill would similarly authorize a lowered speed limit on a section of highway contiguous to a business activity district, as defined, and would require that certain violations be subject to a warning citation, for the first 30 days of implementation.

AB 43 - https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB43 AB 1014 - https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1014 AB 413
Safety History

ON-STREET

PARKING
AB 413
Summary
of Path
Forward
History – Consistently ranked near
the lowest in pedestrian casualties
Key Carve Out Language - Ordinance
based on traffic safety standards
Traffic Safety Suggestions
A. Speed limit reduction
B. Suggest 6 – 8 ft red zones
C. Add 4-way stops
D. Add crosswalks
E. Improved signage
F. Parking management program

ON-STREET PARKING
Optimization Tool Box
A. Length of spaces
B. Addition of compact spaces
- Length & quantity
C. Golf cart, scooter, bike spaces
D. Timed spaces
E. Location of spaces

ON-STREET PARKING
Analysis Tools

ON-STREET PARKING
Analysis Tools

ON-STREET PARKING
Opportunities
• Pilot program at east
side of Carmel Plaza
• National Parking &
Valet has previous
relationship
• No up-front City cost
• Dynamic pricing and
shared revenue model
• Ability to dynamically
leverage unused Cityowned and private lots
VALET

PARKING
OTHER

OPTIONS

ON-STREET

PARKING
Off-Street
Private and
City Lot
Options
• Reclaiming two significant spaces with project
to add 30+ spaces and make lot safer
• Optimizing and marking City right-of-way
areas and removing encroachments creates
spots and improves first responder access
• Greatly benefits patrons and neighbors for
shows and creates valet opportunities

OFF-STREET

IMPROVEMENT OPTIONS
Forest Theater
• Reclaim space taken up by sloped path
and leaning wall
• Could add 12-15 spots at a cost less than
proposed to just straighten wall
• Old CERT container location could be used
for upgraded electric panel
• Coordinate with sidewalk improvements

OFF-STREET OPTIONS
Sunset Center North Lot
• Dynamic nature and use of professionals
with valet service opens up options
• Business model could include monetizing
lots for businesses, hotels, churches, and
even private residences
• Initial inquiries have been very positive

OFF-STREET OPTIONS
City/Private/Church Lots
• Situation is a bad
experience and
chaotic situation
• Traffic backs far up
the hill towards
Monte Verde
• Parking management
should eliminate cars
waiting for a spot

DEL MAR BEACH

CURRENT STATE
• Suggest pilot program
at Del Mar Beach with
National Parking
• No tech, No kiosks
• No City funds required
• Dynamic pricing
• Shared revenue model
• 90-day pilot with
frequent reviews

DEL MAR MANUAL

PAID PARKING
Problem
• Take majority of spaces
– Business employees – 250+
– City employees - 90
– Construction employees - ?
• Gaming system
– Moving cars while working
Long Term Goal
• Remove ALL employees
from business district and
surrounding areas
Employee
Parking

EMPLOYEE

PARKING

PROGRAM
Incentive 1:

Employee Carpool Program
• Enterprise Commute
• Hubs – Marina, Seaside
• Link drivers and riders
• Inexpensive
• Allow drop off and pick up
at valet parking?
Employee
Parking
Carpool
Enterprise Commute -
https://youtu.be/WpPirvxGaVk?si=b0iC155-23BBlw1e

EMPLOYEE

PARKING

PROGRAM
Incentive 2:

Off-Site Shuttle
• Immediate parking
• Free shuttle (Trolly style)
• Food/drink on peak days
– Donuts/bagels/coffee
– Dinnertime “snacks” (soup)
• Vending machines
• Local ads
• Taxi support when heavy
EE traffic (discounted)
Employee
Parking
Off-Site
Shuttle

EMPLOYEE

PARKING

PROGRAM
2 List, 0 Tolerance System
• Manually record license plates in
business district and surrounding
areas
• Identify common plates
• Issue trial citation at $0
• Rebuttal system :
– List A = Residents/Exceptions (allowed)
– List B = Employees (0 tolerance)
• Periodically ticket (manual)
• Repeat offenders get harsher fines
• Use LPR cameras on taxis and toll
road ticket processing (automatic)
Employee
Parking
Enforcement
Toll Roads - https://youtu.be/IX0rFjPuNV4?si=zuCa2KeF8DqWkAhR Other Solutions
• Strategic application of paid
parking using T2 and National
Valet in high priority areas
• Outsourcing enforcement
• Enforcing strict traffic control
plans for and carpolling for
construction sites, and
limiting projects within radius

EMPLOYEE

PARKING

PROGRAM
A. AB 413 remediation
B. Optimize on-street parking
C. Source and develop off- street parking
D. Valet parking program
E. Manual paid parking
F. Shuttle for peak days (Car
Week)
G. Employee carpool program
H. Other shuttle/trolley
I. Improved Enforcement
J. Other options?
Summary
of
Solutions

EMPLOYEE

PARKING

PROGRAM
Priority
Steps?
• Pilot valet and manual paid
parking programs
• Use traffic and pedestrian
data to implement 15 MPH
speed zone downtown
• Remediate AB 413-related
space and safety losses
• Use modeling to determine
re-striping for add’l spaces

EMPLOYEE

PARKING

PROGRAM
Required
Funding
• Valet and Paid Parking are
self-funded
• 30+ additional parking spots
at Forest Theater is $25,000
• Restriping can be in-house
• Wall project at Sunset lot
could be less than what is
currently budgeted for wall
• Could allocate funding for
further improvements
• How to best utilize the
≈$750K in lieu parking funds?

QUESTIONS/COMMENTS
Discuss City Policy C89-02: City Council
Meetings/Orders of Council/Agenda Packets/Minutes
of Meeting and Agenda Distribution and provide
direction to City Administrator
City Council Special Meeting
June 2, 2025

CITY OF CARMEL-BY-THE-SEA
CITY OF CARMEL-BY-THE-SEA 1

1. Agenda Finalization – this provision of the Policy is not necessary as the Mayor and Mayor Pro Tem can meet with the City Administrator and City Clerk regarding the Agenda without this being in the Policy.

2. Meeting Procedures - Requiring presentation slides to be made available to Council and the public by 5 pm on the Friday before meetings.

3. Set specific start times for items likely to draw high public interest (e.g. street addresses).

4. Acknowledge receipt of written public comments (emails/letters).

5. The Mayor will ask for the number of people who wish to speak on a particular item and may adjust the public comment time accordingly.

6. Include general public comment on Regular Meeting agendas, but not Special Meeting Agendas.

CITY OF CARMEL-BY-THE-SEA 2
Proposed Changes to Policy C89-02

7. Ask speakers to avoid repeating prior comments and instead express agreement with the previous comment.

8. Add this language to the City Council Agendas: Brown Act Requirements:

General public comments must be on matters related to matters of the legislative bodies jurisdiction. Comments on agenda items must relate to that agenda item. Anyone who does not follow these requirements of the Brown Act in person or via teleconference will be muted.

9. Add to the Meeting Procedures the option for some Council discussion before public comments.

10. Curfew - Implement a 9:30 pm meeting curfew. Council must vote to continue the meeting past 9:30 pm.

11. Hold appeal hearings on a separate meeting date during the day, if possible.

CITY OF CARMEL-BY-THE-SEA 3
Proposed Changes to Policy C89-02 – Cont’d
Other Possible Changes for Discussion

1. Extraordinary Business Items - Keep to 3 min per item

2. Consider adding a special meeting later in the month, or start meetings earlier in the day, such as 3 pm.

3. Consider the Monterey meeting model, with an afternoon session general public comment, a dinner break/closed session, and an evening session with another general public comment period.

4. Consider ordering public comments by duration with the following preference: 1-minute speakers first, followed by 2-minute and then 3-minute speakers. The are no provisions in the Brown Act which expressly allow such a preference. Further research can be done upon direction by the City Council.

Other Possible Changes – Cont’d

5. Consider whether the City can give preference during general public comment to City residents. There are no provisions in the Brown Act which expressly allows such a preference. Further research can be done upon direction by the City Council.

6. Consider the Coastal Commission process of going on line before the meeting to register for public comment. The Coastal Commission is a State agency and the meeting procedures are governed by the Bagley Keene Act instead of the Brown Act which applies to local agencies. Further research can be done upon direction by the City Council.

7. Consider a time limit for the general public comment period. Note: The current Policy reserves to the Council the right to limit the duration of Public Appearances to thirty minutes total.

8. Consider setting general public comment for non-agenda items at the end of the Regular Council meetings to allow Council to complete Agenda first.

Discuss and provide direction to City Administrator on:

1. Proposed Changes to Policy C89-02

2. Other Possible Changes to Policy C89-02

3. Consider Motion to approve proposed changes to
Policy C89-02 or provide other direction to the City
Administrator
CITY OF CARMEL-BY-THE-SEA 6
Recommendation

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