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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,
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


Tuesday, November 27, 2018
OPEN SESSION
4:30 PM
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to
staff, and/or action.

1. Resolution No. 2018-124, Ratifying the Canvass of Votes


EXTRAORDINARY BUSINESS
A. Remarks by Outgoing Mayor Dallas and Councilmember Hardy.
B. The City Clerk Administers the Oath of Office to Dave Potter, Jeff Baron and Carrie
Theis.
C. Seating of Mayor Potter and Councilmember Baron.
D. Remarks by Mayor Potter, Councilmember Baron and Mayor Pro Tempore Theis.
E. Appointment of the Mayor Pro Tempore by Mayor Potter for a term ending December 3,
2019.
PUBLIC 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.
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.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report

November 27, 2018


ORDERS OF BUSINESS

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Thomas A Graves, MMC - City Clerk

APPROVED BY: Chip Rerig, City Administrator

SUBJECT: Resolution No. 2018-124, Ratifying the Canvass of Votes

RECOMMENDATION:
That the City Council adopt the resolution.

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Resolution No. 2018-124


Attachment 1

RESOLUTION NO. 2018-124


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018 AND
DECLARING OFFICIAL RESULTS FOR THE POSITIONS OF MAYOR AND
MEMBERS OF THE CITY COUNCIL
WHEREAS, the City Council of the City of Carmel-by-the-Sea adopted Resolution No.
2018-060 on July 2, 2018 which authorized a General Municipal Election in the City of Carmel-
by-the-Sea to be Consolidated with the Statewide General Election on Tuesday, November 6,
2018; and be facilitated by the Monterey County Registrar of Voters; and

WHEREAS, said election was held as required by law for the object and purpose of
electing to the Office of Mayor, one official to a two-year term, and electing to the Offices of
Council Member, two officials, each to a four-year term; and

WHEREAS, said General Municipal Election and Consolidated Statewide General


Election held on Tuesday, November 6, 20 I 8, was properly noticed as required by law, voting
precincts were properly established and election officers were appointed and in all respects the
election was held and conducted and the votes were cast in time, form and manner as required by
the provisions of City of Carmel-by-the-Sea Municipal Code and the Elections Code of the State
of California; and

WHEREAS, the County Election Department canvassed the returns of the election as
required by law and has certified the results to the City Clerk, and the results are received,
attached and made a part hereof as "Exhibit A";

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY


OF CARMEL-BY-THE-SEA HEREBY DECLARES THAT:
• All absentee and provisional voter ballots have been duly received and canvassed in the
time, form and manner, as required by law.
• The whole number of votes cast in said General Municipal Election for the City of
Carmel-by-the-Sea was X,XXX.
• The record of votes cast at the November 6, 2018 election has been certified by Monterey
County Registrar of Voters.
• The City Clerk of the City of Carmel-by-the-Sea is instructed to enter this resolution in
the minutes of this City Council Meeting as the Official Result of said election and to
forward a copy of this Resolution to the County of Monterey Election Department to
certify that the City Council adopted the canvass of the vote as submitted by the
Monterey County Registrar of Voters.
Attachment 1

THE CITY COUNCIL FURTHER RESOLVES THAT:

The number of votes cast for the City of Carmel-by-the-Sea are as follows:

OFFICE CANDIDATE TOTAL VOTES


Mayor Steve G. Dallas XXX
Mayor Eugene Hughes XXX
Mayor Dave Potter XXX
Council Member Jeff Baron XXX
Council Member Carolyn Hardy XXX
Council Member Carrie Theis XXX

THEREFORE, BE IT FINALLY RESOLVED that it is hereby declared that Dave


Potter was elected to the office of Mayor for a two-year term and that Jeff Baron and Carrie
Theis were elected/re-elected to office as members of the City Council, each with a term of four
(4) years, in the General Municipal Election for the City of Carmel-by-the-Sea, held on
November 6, 2018 and the City Clerk is hereby authorized to immediately deliver to Dave
Potter, Jeff baron and Carrie Theis the Certificate of Election, signed by the City Clerk and
authenticated, and to administer to each of said elected persons the Oath of Office prescribed in
the Constitution of the State of California, and shall have them subscribe to it and file it in the
Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the
respective office to which they have been elected.

PASSED AND ADOPTED at a Special Meeting of the City Council of the City of Carmel-
by-the-Sea held on the 27th day of November, 2018 by the following vote:

AYES: COUNCIL MEMBERS: RICHARDS, HARDY, REIMERS, THEIS, DALLAS


NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

_______________________
Steve G. Dallas, Mayor

ATTEST:

________________________
Thomas A. Graves, MMC
City Clerk