CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
 

Mayor Dave Potter, Council Members Jeff Baron, 

Jan Reimers, Bobby Richards, and Carrie Theis

Contact: 831.620.2000 www.ci.carmel.ca.us

 All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues

REGULAR MEETING

Tuesday, November 5, 2019

OPEN SESSION 

4:30 PM

VIDEOCALL TO ORDER AND ROLL CALL
TOUR OF INSPECTION
OPEN SESSION
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
VIDEOA.Monterey Regional Airport Update
VIDEOB.Monterey Bay Community Power Presentation
VIDEOPUBLIC APPEARANCES

Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

ANNOUNCEMENTS
A.City Administrator Announcements
B.City Attorney Announcements
C.Closed Session Oral Report in accordance with GC § 54957.1(a)
D.

Councilmember Announcements

 

 

 

VIDEOCONSENT 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.Approve the October 7, 2019 Special Meeting Minutes and the October 8, 2019  Regular Meeting Minutes as presented.
2.

Monthly Reports for September: 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.) Public Works Department Report

3.September 2019 Check Register Summary
4.

Adopt Resolution 2019-076 accepting the completion of the Wireless Indoor Access and the Fiscal Year 2018-2019 Sidewalk Repair projects and authorizing the carryover of funds for the Ocean Avenue Median Lights and World War Monument Restoration projects to Fiscal Year 2019-2020

5.

Adopt Resolution 2019-078 delegating authority to the City Administrator or Assistant City Administrator to act on behalf of the City of Carmel-by-the-Sea in matters related to the CSAC (California State Association of Counties) Insurance Authority

6.

Adopt Resolution 2019-079, authorizing Free Use Days of the Sunset Center Theater and Lobby for Carmel Unified School District, AIM Youth Mental Health and Carmel Public Library Foundation. 

7.

Adopt Resolution 2019-080, recognizing unanticipated revenue from the CalRecycle FY 2019-2020 Beverage Container Recycling Grant and approving a budget amendment of $120,364 to the Fiscal Year 2019-2020 Adopted Budget

8.

Adopt Resolution 2019-081, authorizing application for, and receipt of, SB 2 Planning Grants Program (PGP) Funds.

9.

Adopt Resolution 2019-082, adopting a War Memorials Policy to address the care, maintenance and treatment of the City's war memorials.

VIDEOORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.
VIDEO10.

Receive presentation from the Monterey Peninsula Housing Coalition and provide feedback.

VIDEO11.

Review proposed written arguments in favor of the City’s Ordinance to increase the transactions and use tax to 1.5% for 20 years and provide direction to staff to finalize the City Council’s argument; determine the authors of the City Council’s argument in favor of the Ordinance; and determine the authors to whom each member of the City Council will release their rebuttal argument to, if needed.

PUBLIC HEARINGS
12.

The following item will be continued to December 3, 2019:

Introduce Ordinance 2019-002 amending Carmel Municipal Code (CMC) Title 15 (Buildings and Construction) by adopting the 2019 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments; and adopt Resolution 2019-077 approving Standard Operating Guidance Procedures (SOG 17-07) for private stormwater drainage systems.

VIDEO13.An Urgency Ordinance extending an Urgency Ordinance for a period of one year, establishing a program to regulate and permit sidewalk vending pursuant to California Senate Bill 946.
14.

Introduce Ordinance 2019-003 amending Carmel Municipal Code (CMC) Chapters 17.08, 17.14, 17.28, 17.68 and 17.70 to establish regulations for transient rentals in the Commercial and Multi-Family Zoning Districts and to prohibit the advertising of unpermitted transient rentals within all Zoning Districts.

VIDEO15.

Consideration of an Appeal (APP 19-348) application of the Planning Commission’s decision to deny a Use Permit (UP 19-304) to allow for the establishment of a Cosmetic Store, Royal Bee, located on Dolores, 4 SW of Ocean in the Central Commercial (CC) Zoning District.

VIDEOFUTURE AGENDA ITEMS
VIDEOADJOURNMENT

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. 



__________________________________
Britt Avrit, 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 and/or 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.