CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

Mayor Steve Dallas
Council Members Carolyn Hardy
Jan Reimers, Bobby Richards, and Carrie Theis

All meetings are held in the City Council Chambers

East Side of Monte Verde Street
Between Ocean and 7th Avenues

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

REGULAR MEETING
TUESDAY, JULY 12, 2016
TOUR OF INSPECTION 2:30PM
CLOSED SESSION 3:30PM
OPEN SESSION 4:30PM
CALL TO ORDER AND ROLL CALL
TOUR OF INSPECTION (Beginning at 2:30PM) The Council will meet in the Council Chamber to an onsite tour of inspection of all properties listed on the Agenda. Members of the public are welcome to participate in the
tour.

A. Lehman property located on Vizcaino, 11 SE of Mountain View.

B. Chadwick property located on Scenic Road, 2 NW of 8th Avenue.
CLOSED SESSION (Beginning at 3:30PM)
A. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance
B. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Pursuant to subdivision (b) of Government Code Section 54956.9: 1 cases Order
Instituting Investigation and Order to Show Cause on the Commissions Own Motion into
the Operations and Practices of Pacific Gas and Electric Company with respect to
Facilities Records for its Natural Gas Distribution System Pipelines.
Investigation 14-11-008 (Filed November 20, 2014)
C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey
County Superior Court Case No. M132929

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Victoria Beach, Plaintiff v. City of Carmel-by-the-Sea, Monterey County
Superior Court Case No. 165C000631
D. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9: 2 cases
OPEN SESSION (Beginning at 4:30PM)
ROLL CALL AND PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
A. Introduction of Lori Aiello, Community Activities Assistant
B. Introduction of Beth Rosenblum, Reference Librarian
C. Introduction of Tina Spellman, Library Assistant
D. Introduction of Jennifer Hall, Library Assistant
E. Introduction of Katie OConnell, Local History Librarian
F. Centennial Committee Update
PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on
the agenda during Public Appearances. Each persons comments shall be limited to 3 minutes, or as otherwise
established by the City Council. Matters not appearing on the City Councils 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 in order that the City Clerk may identify them in the minutes of the meeting.

ANNOUNCEMENTS Announcements from City Council Members (Council Members may ask a question for
clarification, make an announcement or report on his or her activities), City Administrator, and/or the City Attorney.
A. Announcements from Closed Session
B. Announcements from City Council Members
C. Announcements from City Administrator
D. Announcements from 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 or the public may ask that any items be considered individually for
purposes of Council discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all
recommended actions.
1. Minutes (p. 5)
2. Check Register for May (p. 29)

3. Monthly Reports for May (p. 38)

4. AB 1145 Consideration of a resolution authorizing the City Administrator to renew the jail
services agreement with the City of Monterey for use of its jail facilities. (p. 68)
5. AB 1146 Consideration of the adoption of a resolution authorizing the City Administrator
to accept donations for the centennial parade floats totaling $43,000. (p. 71)
6. AB 1147 Consideration of a resolution authorizing City co-sponsorship of the Carmel
Public Library Foundations annual Donor Salute at the Main Library on Sunday, March
5, 2017. (p. 74)
7. AB 1148 Authorization of the City Administrator to send a letter authorizing the County of
Monterey to execute all documents necessary to continue to implement the annual
Used Oil Payment Program (OPP) 7th Cycle, FY 2016-2017 on behalf of the City. (p. 83)
8. AB 1149 Consideration of resolutions authorizing the City Administrator to enter into
various services agreements for planning, portable toilets and storm water related
services in a total amount not to exceed $79,000 for all services. (p. 85)
9. AB 1150 Consideration of the adoption of an environmentally preferred purchasing
policy. (p. 98)
10. AB 1151 Consideration of the adoption a resolution establishing and adopting the job
descriptions and salary ranges for 1. Code Compliance Coordinator and 2.
Environmental Compliance Manager.(p. 106)
ORDERS OF BUSINESS Orders of Business are agenda items that require City Council discussion, debate,
direction to staff, and/or action.

11. AB 1152 Consideration of the disbursement of marketing funds to MCCVB, Carmel

Chamber of Commerce and Burghardt+Dore. (p. 117)
PUBLIC HEARINGS
12. AB 1154 Adoption of an Ordinance of the City Council of the City of Carmel-by-the-Sea
amending chapters 17.08.040, 17.14.030, 17.64.190, 17.64.220, 17.68.040, and of the
Municipal Code in accordance with state housing law. (p. 119)
13. AB 1153 Consideration of the adoption of an ordinance amending Sub-Section A. of
Section 1.16.01 dealing with citing violations of the City's Municipal Code. (p. 123)
14. AB 1155 Consideration of an appeal of the Planning Commission's decision to approve a
Design Study (DS 16-069) and associated Coastal Development Permit for the
demolition of an existing residence and construction of a new residence located in the
Single-Family Residential (R-1) Zoning District. The application is being appealed by
neighboring property owners: Eric Hannah and Lucille Biesbroeck-Hannah. (p. 140)
15. AB 1156 Consideration of an appeal of the Planning Commission's decision to approve
Design Study (DS 15-217), Coastal Development Permit and Variance (VA 16-070)

applications for the demolition of an existing residence and construction of a new

residence located in the Single-Family Residential (R-1), Beach and Riparian (BR) and
Archaeological Significance (AS) Overlay Zoning Districts. The application is being
appealed by neighboring property owners: Simeon and Sally Yencken. (p. 170)
16. AB 1157 Consideration of an appeal of the Planning Commissions decision to deny the
reissuance of Design Review, Use Permit, and Coastal Development Permit applications
for the redevelopment of the Carmel Sands hotel located in the Service Commercial
(SC) and Multi-Family Residential (R-4) Zoning Districts (New planning application case
numbers: DR 14-36 and UP 14-20).
NOTE: This item will be continued to the
August 2, 2016 Regular Meeting. (p. 230)
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 Citys
webpage http://www.ci.carmel.ca.us/carmel/ on July 7, 2016 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 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 Clerks 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 Clerks 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 quasiadjudicative 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.