| | | | | | | | | | CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA | |
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| | | | | | | | | Mayor Steve G. Dallas, Council Members Carolyn Hardy, Jan Reimers, Bobby Richards, and Carrie Theis
Contact: 831.620.2000 www.ci.carmel.ca.us/carmel | All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues |
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| | | | | | | | | City Council Special Meeting Monday, August 6, 2018 | |
| | | | | | | | | TOUR OF INSPECTION 2:00 P.M. | |
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TOUR OF INSPECTION - POLICE DEPARTMENT, JUNIPERO AVENUE & FOURTH AVENUE | | | | | | | | | |
| | | | | | | | VIDEO | CLOSED SESSION 3:30 P.M. | |
| | | | | | | | VIDEO | | A. | PUBLIC EMPLOYEE EVALUATION (G.C. § 54957) City Administrator | | | | | | | | | | VIDEO | | 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 | | | | | | | | | | VIDEO | | 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 | | | | | | | | | | VIDEO | | 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. | | | | | | | | | | VIDEO | | 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.
| | | | | | | | | | VIDEO | | 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.
| | | | | | | | | | VIDEO | | G. | CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B): (2 Cases) | | | | | | | | | |
| | | | | | | | VIDEO | OPEN SESSION 4:30 P.M. | |
| | | | | | | | VIDEO | CALL TO ORDER AND ROLL CALL | |
| | | | | | | | VIDEO | EXTRAORDINARY BUSINESS | |
| | | | | | | | | 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. | |
| | | | | | | | | 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- 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 | | | | | | | | | | | | 11. | RESOLUTION 2018-078, ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH THE CARMEL RESTAURANT IMPROVEMENT DISTRICT | | | | | | | | | | | | 12. | 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 are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action. | |
| | | | | | | | VIDEO | | 14. |
SECOND READING OF ORDINANCE NO. 2018-002, ADOPTING CHAPTER 18.04 OF THE MUNICIPAL CODE | | | | | | | | | | VIDEO | | 15. | 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. | | | | | | | | | |
| | | | | | | | | 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.
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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.
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