CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

Mayor Steve G. Dallas, Council Members Carolyn

All meetings are held in the City Council Chambers
Hardy,
East Side of Monte Verde Street
Jan Reimers, Bobby Richards, and Carrie Theis
Between Ocean and 7th Avenues
Contact: 831.620.2000 www.ci.carmel.ca.us/carmel

CITY COUNCIL SPECIAL MEETING

Monday, August 6, 2018
OPEN SESSION
4:30 PM
TOUR OF INSPECTION 2:00 P.M.
A. TOUR OF INSPECTION - POLICE DEPARTMENT, JUNIPERO AVENUE &
FOURTH AVENUE
CLOSED SESSION 3:30 P.M.
A. PUBLIC EMPLOYEE EVALUATION (G.C. § 54957) City Administrator
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(D)(1) NAME OF CASE: DAVID
FINK V. CITY OF CARMEL-BY-THE-SEA, CALIFORNIA
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(D)(1) NAME OF CASE: YOLANDA
MACIAS V. CITY OF CARMEL-BY-THE-SEA, CALIFORNIA, AND DOES 1
THROUGH DOE 25, INCLUSIVE, RESPONDENTS/DEFENDANTS MONTEREY
COUNTY SUPERIOR COURT CASE NO.17CV003685
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(D)(1) NAME OF CASE: JO-ANN
OTLIN V. CITY OF CARMEL AND DOES 1 THROUGH DOE 20, INCLUSIVE,
RESPONDENTS/ DEFENDANTS: MONTEREY COUNTY SUPERIOR COURT CASE
NO.18CV001882.
E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(D)(1) NAME OF CASE: LININGER
V. CITY OF CARMEL, RESPONDENTS/ DEFENDANTS.

F. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT

TO GOVERNMENT CODE SECTION 54956.9(D)(1) NAME OF CASE: CALPERS
V. CITY OF CARMEL, RESPONDENTS/ DEFENDANTS.
 G. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B): (2
Cases)
OPEN SESSION 4:30 P.M.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
A. A PROCLAMATION HONORING JACOB'S HEART CHILDREN'S CANCER
SUPPORT SERVICES.
B. PRESENTATION BY BMW OF MONTEREY ON ELECTRIC BICYCLES
DONATED TO THE POLICE DEPARTMENT
C. PRESENTATION OF EVAN KORT AS THE NEW ASSISTANT PLANNER IN
COMMUNITY PLANNING AND BUILDING.
ANNOUNCEMENTS
PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public
Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the City Council,
Board or Commission. Matters not appearing on the City Council, Board or Commission's agenda will not receive action
at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is
helpful for speakers to state their names so that they may be identified in the minutes of the meeting.

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the
Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council,
Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all
recommended actions.

1. RECEIVING THE MONTHLY REPORTS FOR JUNE:

1.) CITY ADMINISTRATOR CONTRACT LOG;
2.) COMMUNITY PLANNING AND BUILDING DEPARTMENT REPORTS; 3.)
POLICE, FIRE, AND AMBULANCE REPORTS;
4.) PUBLIC RECORDS ACT REQUESTS, AND
5.) FORESTER REPORT.
2. APPROVING THE JUNE, 2018 CHECK REGISTER SUMMARY
3. APPROVING THE MINUTES OF THE JULY 2, 2018 SPECIAL CITY COUNCIL
MEETING AND THE MINUTES OF THE JULY 3, 2018 REGULAR CITY COUNCIL
MEETING.
4. RESOLUTION NO. 2018-071, AUTHORIZING THE MAYOR TO EXECUTE A
LEGAL SERVICE AGREEMENT WITH G.R. MOZINGO, ESQ, APC (A
PROFESSIONAL CORPORATION) EFFECTIVE JULY 1, 2018 AND ENDING
JUNE 30, 2023.
 5. REPORTS FROM SUNSET CULTURAL CENTER INC., ON SUNSET CENTER
AND THE FOREST THEATER
6. RESOLUTION NO. 2018 - 072, AUTHORIZING THE CITY ADMINISTRATOR TO
EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH NATIVE SOLUTIONS WITH A FEE INCREASE OF $33,000
FOR THE NORTH DUNES HABITAT RESTORATION PROJECT.
7. RESOLUTION 2018-073, OPPOSING PROPOSITION 6, WHICH WOULD
REPEAL SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT.
8. RESOLUTION NO. 2018-074, AUTHORIZING A STREET CLOSURE FOR A
CARMEL PUBLIC LIBRARY FOUNDATION EVENT ON SEPTEMBER 15, 2018.
9. RESOLUTION 2018-075, ADOPTING THE CITY OF CARMEL-BY-THE-SEA’S
RESPONSES TO THE 2017-2018 MONTEREY COUNTY CIVIL GRAND JURY
REPORT ENTITLED “ WHO’S IN CHARGE? STEPPING UP HOMELESSNESS:
THE NEED FOR STRATEGIC LEADERSHIP AND COMPREHENSIVE
PLANNING”
10. RESOLUTION NO. 2018-076, AUTHORIZING THE RE-APPROPRIATION OF
UNSPENT FISCAL YEAR 2017-2018 CAPITAL PROJECT FUNDS TO FISCAL
YEAR 2018-2019
11. RESOLUTION NO. 2018- 077, SUPPORTING THE NATIONAL CARBON FEE
AND DIVIDEND PROGRAM AND AUTHORIZING THE MAYOR TO SEND
LETTERS OF SUPPORT FOR THE PROGRAM TO CONGRESSMAN PANETTA
AND THE MONTEREY COUNTY BOARD OF SUPERVISORS
12. RESOLUTION 2018-078, ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH
THE CARMEL RESTAURANT IMPROVEMENT DISTRICT
13. RESOLUTION NO. 2018-086, ADOPTING THE JOB DESCRIPTION OF EXTRA HELP
RETIRED ANNUITANT AND ADOPTING A SALARY SCHEDULE FOR THIS
CLASSIFICATION WITH AN HOURLY RATE RANGE OF $15.00- $100.00, EFFECTIVE
JULY 1, 2018.

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to
staff, and/or action.

14. DISCUSSION ON UPDATE OF THE CITY’S RESIDENTIAL ZONING CODE

(CHAPTER 17.10) AND RESIDENTIAL DESIGN GUIDELINES AND UPDATE OF
THE CITY’S COMMERCIAL ZONING CODE (CHAPTER 17.14).
PUBLIC HEARINGS
15. SECOND READING OF ORDINANCE NO. 2018-002, ADOPTING CHAPTER
18.04 OF THE MUNICIPAL CODE
16. FIRST READING OF ORDINANCE NO. 2018-003, REPEALING CARMEL
MUNICIPAL CODE (CMC) CHAPTERS 8.32, FIRE CODE; 8.64, PROPERTY
NUISANCES; AND 8.72 COMMUNITY FLOODPLAIN; AMENDING CMC
CHAPTER 8.56, NOISE REGULATION; AND AMENDING TITLE 15 (BUILDINGS
AND CONSTRUCTION) BY ADOPTING THE 2016 EDITIONS OF THE
CALIFORNIA BUILDING, RESIDENTIAL, ENERGY, FIRE, MECHANICAL,
 PLUMBING, ELECTRICAL, AND GREEN BUILDING STANDARDS CODES WITH
LOCAL AMENDMENTS; AND ADOPTING NEW CHAPTERS 15.55, CALIFORNIA
FIRE CODE; 15.56, COMMUNITY FLOODPLAIN; AND 15.57, PROPERTY
NUISANCES.
FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, Harrison Memorial
Library, NE corner of Ocean Avenue and Lincoln Street, and the Carmel-by-the-Sea Post Office, 5th Avenue between
Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us/carmel/ on in accordance with
the applicable legal requirements.

__________________________________
Thomas A. Graves, MMC
City Clerk

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA

Any supplemental writings or documents distributed to a majority of the City Council, Board or Commission regarding any item on this
agenda, after the posting of the agenda and received by 12:00PM the day of the Council meeting, will be available for public review in
the City Clerk's Office located at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, during normal business hours.
In addition, such writings or documents will be available for public review at the respective meeting. Documents or and writings received
at the meeting or after 12:00PM the day of the meeting will be made available for public review the following business day.

SPECIAL NOTICES TO PUBLIC

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the
City Clerk's Office at 831-620-2007 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to
provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).

CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasi-
adjudicative decision made by the City of Carmel-by-the-Sea is governed by Section 1094.6 of the Code of Civil Procedure, unless a
shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to
many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources
Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal
challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such
decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code
section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements,
including timely service in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising
only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the
City of Carmel-by-the-Sea, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party
has not sought and exhausted all available administrative remedies.