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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, Jan Reimers, Bobby Richards, and Carrie Theis East Side of Monte Verde Street
Contact: 831.620.2000 www.ci.carmel.ca.us/carmel Between Ocean and 7th Avenues

REGULAR MEETING
Tuesday, December 5, 2017
TOUR OF INSPECTION
2:30 PM
CLOSED SESSION
3:00 PM
OPEN SESSION
4:30 PM
CALL TO ORDER AND ROLL CALL
TOUR OF INSPECTION
A. The Council will meet in the Council Chamber and proceed to an on-site tour of
inspection of all properties listed on the Agenda. Members of the public are welcome to
participate in the tour.

Markowski Property - Northwest Corner of Santa Rita Street and Ocean Avenue
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of
Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, Pot D'Oro, LLC, and
Doe 1 through Doe 100, inclusive, Respondents/Defendants Monterey County Superior
Court Case No. M123079
B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Stacy Lininger v. Ronald Pfleger, City of Carmel-by-the-Sea, et. al.
United States District Court, Northern District of California Court Case No. C17-3385SVK
C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of
Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393
D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, California, a municipal corporation, Plaintiff v.
Pacific Harvest Seafoods, Inc. and Does 1 through 20, Defendants, Santa Clara County
Case No. 16CV296492
E. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Administrative Hearing: CalPERS Joint Powers Authority retirement contribution dispute.
F. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9(d)(2): 3 cases
OPEN SESSION
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
A. Recognition of Karen Ferlito for her service on the Forest and Beach Commission.
B. Recognition of Chief Guadenz Panholzer
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.

ANNOUNCEMENTS
A. Announcements from Closed Session
B. Announcements from Councilmembers
C. Announcements from the City Administrator
D. Announcements from the City Attorney
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. Monthly Reports: City Administrator Contract Log, Community Planning and Building
Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests,
and Forester Reports.
2. Ratify the check register summary for October 2017.
3. Consideration of a resolution amending the Fiscal Year 2017-2018 Capital Improvement
Plan and Adopted Budget to Incorporate a List of Projects Funded by SB 1: The Road
Repair and Accountability Act
4. Consideration of the adoption of a resolution authorizing the City Administrator to execute
a Professional Services Agreement with Pacific Crest Engineering, Inc. for design,
construction support, and environmental testing services for a not-to-exceed fee,
including contingency, of $41,773.75 for the Fuel Station Decommissioning Project
5. Consideration of a Mills Act Contract for an existing historic residence located in the
Single-Family Residential (R-1) Zoning District.
6. Adoption of a resolution approving the regular meeting dates of the City Council for the
calendar year 2018.
7. Consideration of a draft Story-Pole Policy for New Construction.
8. Consideration of a resolution authorizing two (2) free use days of the Sunset Center
Theater to the Carmel Unified School District on March 8, 2018 and March 27, 2018.
9. Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the
Roman Catholic Bishop of Monterey.
10. Consideration of the adoption of a resolution rescinding Council Policy C91-06
Guidelines for Recognition Requests and the adoption of a resolution adopting Council
Policy C17-04 Council Recognition of Individuals, Organizations, and/or Events

11. 1) Consideration of a Resolution adopting a Memorandum of Understanding (MOU)


between the City of Carmel-by-the-Sea and Carmel Fire Ambulance Association for the
period January 1, 2017 through June 30, 2019 and authorize the City Administrator to
execute the Memorandum of Understanding.

2) Adopt a resolution authorizing and approving the City of Carmel-by-the-Sea current pay
rates and ranges (salary schedule) for Carmel Fire Ambulance Association classifications
as of January 1, 2017.
12. Adopt a resolution authorizing a refund of the historic property evaluation deposit fee in
the amount of $1,255.00 to Sandra Markowski
PUBLIC HEARINGS
13. City Council review of a Use Permit (UP 17-80) application approved by the Planning
Commission to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in
the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line
restaurant.
14. Consideration of an Ordinance (Second Reading) amending Municipal Code Chapter
8.68 pertaining to Chlorofluorocarbon, Polystyrene and Similar Packaging Material
Restrictions
15. Consideration of an Ordinance (Second Reading) amending the Citys regulations
concerning the sale, use, and cultivation of cannabis.
16. Consideration of an Ordinance (Second Reading) amending Municipal Code Sections
17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to
accessory dwelling units in response to recently adopted state legislation
ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to
staff, and/or action.

17. Consideration of revised fees for special events and activities.


18. Receive a post-mortem report of the 2017 Concours on the Avenue event and consider a
request by COTA for a multi-year Special Event Support Program Grant in an amount of
$34,026.85 per year for three years.
19. Receive a presentation regarding possible options for the use of the Flanders mansion
and provide direction to staff
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.

__________________________________
Ashlee Wright, 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.