Tuesday, December 12, 2017

PLANNING COMMISSION REGULAR MEETING AGENDA, December 13, 2017

ABSTRACT: The CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA and Planning Commission Reports documents copies for December 13, 2017 are embedded. CONSENT AGENDA including Consideration of a Final Design Study (DS17-315) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square foot single-family residence with attached garage located in the Single-Family Residential (R-1) Zoning District (Arioto, Claudio Ortiz Design Group,SE Corner of Lincoln and 13th) and Consideration of a Commercial Sign Application (SI 17-454) for the installation of second wall-mounted business sign near the business entrance on 5th Avenue (Anne Thull Fine Art Designs, Anne Thull, Business Owner,  SW corner of 5th and San Carlos). PUBLIC HEARINGS including Consideration of a Coastal Development Permit (CDP 17-445) for the Hawes/Jorgenson prewedding welcome gathering (Allison Weddings, Allison Smith, Applicant, Carmel Beach – Scenic & 12th), Consideration of a Design Review (DR 17-365) application for outdoor seating associated with an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District (C Pines 7, LLC, Adam Jeselnick, Architect, SE Corner of 7th and Dolores), Consideration of a Final Design Study (DS 17-372) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,600 square-foot singlefamily residence, and proposed 200 square-foot detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District (Ayres, Greg Klein, Architect, Casanova St., 3 SE of 10th Ave., Consideration of a Concept Design Study (DS 17-212) and associated Coastal Development Permit for a second story addition to an existing single story residence located in the Single- Family Residential (R-1) Zoning District (Budden, RT Budden, Property Owner, Torres 3 NW of 1st), Consideration of a Use Permit (UP 17-442) application for the establishment of a new wine tasting room located in the Service Commercial (SC) Zoning District (Holman Ranch, Liz Bolar, Applicant Representative, SW corner of 7th and San CarlosDIRECTOR’S REPORT, Update on Planning Activities and BOARD MEMBER ANNOUNCEMENTS,
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
MEETING AGENDA
Regular Meeting
December 13, 2017

A. CALL TO ORDER AND ROLL CALL
Commissioners: Don Goodhue, Chair
Michael LePage, Vice Chair
Julie Wendt
Gail Lehman
Stephanie Locke

B. TOUR OF INSPECTION
Shortly after 2:45 p.m., the Commission will leave the Council Chambers for an on-site
Tour of Inspection of all properties listed on this agenda (including those on the Consent
Agenda). The Tour may also include projects previously approved by the City and not on
this agenda. Prior to the beginning of the Tour of Inspection, the Commission may
eliminate one or more on-site visits. The public is welcome to follow the Commission on
its tour of the determined sites. The Commission will return to the Council Chambers at
4:00 p.m. or as soon thereafter as possible.

C. ROLL CALL

D. PLEDGE OF ALLEGIANCE

E. ANNOUNCEMENTS/EXTRAORDINARY BUSINESS

F. CHAIR/VICE-CHAIR ELECTION

G. APPEARANCES

Anyone wishing to address the Commission on matters not on the agenda, but within the jurisdiction of the Commission, may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Commission agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three minutes, or as otherwise established by the Commission Chair. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.

H. CONSENT AGENDA
Items placed on the Consent Agenda are considered to be routine and are acted upon by the Commission in one motion. There is no discussion of these items prior to the Commission action unless a member of the Commission, staff, or public requests specific items be discussed and removed from the Consent Agenda. It is understood that the staff recommends approval of all consent items. Each item on the Consent Agenda approved by the Commission shall be deemed to have been considered in full and adopted as recommended.

1. Draft minutes from the November 8, 2017 Planning Commission Meeting

2. DS 17-315 (Arioto)
Claudio Ortiz Design Group

SE Corner of Lincoln and 13th
Block: 144; Lot 2
APN: 010-172-011
Consideration of a Final Design Study (DS17-315) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square foot single-family residence with attached garage located in the Single-Family Residential (R-1) Zoning District.
John and Rebecca Arioto 12-13-17 by L. A. Paterson on Scribd
Consideration of a Final Design Study (DS17-315) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square foot single-family residence with attached garage located in the Single-Family Residential (R-1) Zoning District.

3. SI 17-454 (Anne Thull Fine Art Designs)
Anne Thull, Business Owner

SW corner of 5th and San Carlos
Block: 55; Lot 1
APN: 010-135-001
Consideration of a Commercial Sign Application (SI 17-454) for the installation of second wall-mounted business sign near the business entrance on 5th Avenue.
New Summit Corporation 12-13-17 by L. A. Paterson on Scribd
Consideration of a Commercial Sign Application (SI 17-454) for the installation of second wall-mounted business sign near the business entrance on 5th Avenue.

I. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

1. CDP 17-445 (Allison Weddings)
Allison Smith, Applicant

Carmel Beach – Scenic & 12th
Consideration of a Coastal Development Permit (CDP 17-445) for the Hawes/Jorgenson pre-wedding welcome gathering.
CDP Hawes-Jorgenson 12-13-17 by L. A. Paterson on Scribd
Consideration of a Coastal Development Permit (CDP 17-445) for the Hawes/Jorgenson pre-wedding welcome gathering.

2. DR 17-365 (C Pines 7, LLC)
Adam Jeselnick, Architect

SE Corner of 7th and Dolores
Block: 91; Lots: 2, 4, 6, 8
APN: 010-145-020
Consideration of a Design Review (DR 17-365) application for outdoor seating associated with an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District.
C Pines 7, LLC 12-13-17 by L. A. Paterson on Scribd
Consideration of a Design Review (DR 17-365) application for outdoor seating associated with an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District.

3. DS 17-372 (Ayres)
Greg Klein, Architect

Casanova St., 3 SE of 10th Ave.
Block: E; Lot: 8
APN: 010-185-015
Consideration of a Final Design Study (DS 17-372) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,600 square-foot single-family residence, and proposed 200 square-foot detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District.
Janet Ayres 12-13-17 by L. A. Paterson on Scribd
Consideration of a Final Design Study (DS 17-372) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,600 square-foot single-family residence, and proposed 200 square-foot detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District.

4. DS 17-212 (Budden)
RT Budden, Property Owner

Torres 3 NW of 1st
Block: 7; Lot: 5
APN: 009-132-007
Consideration of a Concept Design Study (DS 17-212) and associated Coastal Development Permit for a second story addition to an existing single story residence located in the Single- Family Residential (R-1) Zoning District.
R. Terence & Nancy Ann Budden 12-13-17 by L. A. Paterson on Scribd
Consideration of a Concept Design Study (DS 17-212) and associated Coastal Development Permit for a second story addition to an existing single story residence located in the Single- Family Residential (R-1) Zoning District.

5. UP 17-442 (Holman Ranch)
Liz Bolar, Applicant Representative

SW corner of 7th and San Carlos
Block: 91; Lots: half of lot 3
APN: 010-145-001
Consideration of a Use Permit (UP 17-442) application for the establishment of a new wine tasting room located in the Service Commercial (SC) Zoning District.
Robert H. Burgess 12-13-17 by L. A. Paterson on Scribd
Consideration of a Use Permit (UP 17-442) application for the establishment of a new wine tasting room located in the Service Commercial (SC) Zoning District.

J. DIRECTOR’S REPORT
1. Update on Planning Activities

K. BOARD MEMBER ANNOUNCEMENTS

L. ADJOURNMENT

PLANNING COMMISSION REGULAR MEETING – MINUTES, November 8, 2017


PLANNING COMMISSION REGULAR MEETING – MINUTES, November 8, 2017

City Administrator Chip Rerig: FRIDAY LETTER, December 8, 2017

FRIDAY LETTER, December 8, 2017
Friends of the Harrison Memorial Library Book Sale Donation
New Food Packaging Requirements
Public Works Accomplishments in 2017
Updated Contracts
Winter Holiday Fire Safety
Holiday Decorating
Holiday Entertaining
Facts from the National Fire Protection Association
Earthcache
"Heads Up" on 5th Avenue
Ride A Bike
Tree Removal on Northbound Highway 1 in Carmel Starts Monday
Caltrans reminds motorists to move over and slow down when driving through
highway work zones.
Happening at Sunset Center and Forest Theater

Monday, December 04, 2017

Carmel Art Association Presents ALL-MEMBER SHOW ‘THE ART OF GIFTING’


Mission Statement: 
The Association exists to provide its members with a permanent art gallery, to advance knowledge of, and interest in the arts, and to create a spirit of cooperation and fellowship among artists and the community. 

A Proud Heritage:
The legendary Carmel Art Association was formed on August 8, 1927 by a small group of artists who gathered at “Gray Gables,” the modest home/studio of Josephine Culbertson and Ida Johnson at the corner of Seventh and Lincoln in Carmel-by-the-Sea. These nineteen “pioneers”—who grew up in the 19th century and individually found their respective paths to Carmel from all corners of the world—each desired a greater sense of community, a spirit of collaboration, and a place to show their work. Before the meeting concluded, they had established an association with a mission “to advance art and cooperation among artists, secure a permanent exhibition space, and promote greater fellowship between artists and the public.” 

W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily
Open to the Public at No Charge

For more information, Online or (831) 624-6176.


Thursday, December 7, 2017– Tuesday, January 2, 2018


Carmel Art Association Presents ALL-MEMBER SHOW “THE ART OF GIFTING”

ALL-MEMBER SHOW “THE ART OF GIFTING”
Our Holiday exhibit, The Art of Gifting features lots of miniatures, plus small artworks by many of CAA Artist Members that make wonderful gifts for family & friends or to add to your collection. 

Opening Reception & Holiday Open House: Saturday, December 9, 5:00 P.M. -7:00 P.M.


CURRENT ARTISTS

Apodaca, Johnny
Auvil, Eleen
Beach, Mary FitzGerald
Becom, Jeffery 
Bhaskar, Norma Zeigle
Biederman, Patty
Black, Blaine
Blok, Lucas
Bradford, Cyndra
Bullas, Will
Bullas, Mike
Carvell, Fred
Catbagan, Eileen
Chapman, Carol
Chiappone, Dolores
Coleman, Constance
Crispo, Dick
Crocetti, Kathleen
Crozier, Christine
Curtis, Micah
Davidson, Laurent
Delimont, Sheila
Dominguez, Miguel A.
Dominguez, Miguel
Donovan, Gael
Downs, Anne
Downs, Douglas
Emery, Cornelia
Farina, Mark
Farmer, Beva *
Gafill, Erin Lee
Geller Robertson, Alice
Giacometti, Susan
Golding, Frieda *
Gonzales, Alex
Goode, Jane
Goyatton, Yves
Grauer, Ron
Greenwald, Kathryn
Harris, Sam *
Hart, Roianne
Healey, Sarah
Hiers, Peter
Hitchcock, Eric*
Holt, Shirley
Hybl, Heidi
Jelmini, Peggy
Johnson, Barbara
Johnson, Andrea
Kreitman, Barbara
Laney, Francyne
Lestrade, Jack *
Lim, Y. S.
Lindberg, Keith
Lofton, Melissa
Marsh, John *
Martin, Gerard
Martin, Kate
McIntyre, Robert
McWilliams, John
Meheen, Alicia
Morrison, Brenda
Northrop, Wilda
Olsen, Peggy
Paley, Albert
Parker, Carol
Partido, Noro
Peak, Dennis
Perkins, Howard R
Plamondon, Peter
Price, Lilli-anne
Rappa, Anthony
Reeves, Gail
Reith, Susan
Robbins, Stan
Robinson, Irene
Sawicki, Richard
Sawyer, Chris
Schnute, William *
Schwien, Guenevere
Shachmut, Daria
Sloan, Tim
Smith, Jeff Daniel
Smith, Julie Brown*
St. Mary, Michael *
Stanford, Dennis
Takigawa, Pamela
Tanous, Joe
Terrill Hughes, Ardith *
Tette, Richard
Torres, Gustavo
Tsouris, Michel
Van Megert, Jerry *
Wagstaff, Jan
Ward, Edward Norton *
Ward, Justin
Whitlock, David
Williams, Andy
Wilson, Chloe
Winfield, Rodney *
Wolcott, Diane
Woodruff, Jean
Woodson, Richmond P.
Yadon, Vern
*Denotes inactive artist member

SPECIAL EVENT
HOLIDAY OPEN HOUSE
SATURDAY, DECEMBER 9, 2017, 5:00 P.M. – 7:00 P.M.

Join us at our festive Holiday Open House, the CAA's annual celebration to start the season! Live music, food catered by Jeffrey's Grill, wine and Holiday cheer!

SALVATION ARMY TOY DRIVE
Friday, December 1 – Friday, December 15, 2017
CAA will accept your donations of new unwrapped toys, or sweaters & jackets for children of all ages to place under our Holiday tree from December 1 - 15. You may also bring non-perishable food items for the Salvation Army local Food Drive. 

ADDENDUM:

Carmel Art Association on facebook

Friday, December 01, 2017

City Administrator Chip Rerig: FRIDAY LETTER, December 1, 2017

FRIDAY LETTER, December 1, 2017
HML FOOD FOR FINE$
(Re)directing Visitors
Toys for Tots Reminder
Happening at Sunset Center and Forest Theater
Thanksgiving Dinner
Esther Partido Retirement Lunch
Amazing Volunteer!
Police Building Renovation and Expansion Project
Traffic Counter
Pavement Management System Update
Town & Country Gardening and Landscaping

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA & MINUTES, December 4, 2017

AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 4, 2017

CITY COUNCIL AGENDA: CITY COUNCIL SPECIAL MEETING - WORKSHOP, December 4, 2017

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING - WORKSHOP
Monday, December 4, 2017
OPEN SESSION 5:30 PM

Eleven Noteworthy 5 December 2017 City Council Regular Meeting Agenda Items

ABSTRACT: Eleven Noteworthy 5 December 2017 City Council Regular Meeting Agenda Items, including CLOSED SESSION, PUBLIC APPEARANCES, ANNOUNCEMENTS,
Monthly Reports for October 2017: City Administrator Contract Log, Community Planning and Building Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports, 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, Consideration of a Mills Act Contract for an existing historic residence located in the Single-Family Residential (R-1) Zoning District., Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the Roman Catholic Bishop of Monterey, 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, 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, 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 and Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff.  The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, December 5, 2017 and Staff Report document copies are embedded. 

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

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
Monthly Reports October 2017 12-05-17 by L. A. Paterson on Scribd
Monthly Reports: City Administrator Contract Log, Community Planning and Building Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports

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
Amending FY 2017-18 CIP & Adopted Budget 12-05-17 by L. A. Paterson on Scribd
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

5. Consideration of a Mills Act Contract for an existing historic residence located in the Single-Family Residential (R-1) Zoning District.
Mills Act Contract 12-05-17 by L. A. Paterson on Scribd
Consideration of a Mills Act Contract for an existing historic residence located in the Single-Family Residential (R-1) Zoning District.

9. Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the Roman Catholic Bishop of Monterey.
Grant Deed Exchange Between City & Roman Catholic Bishop Monterey 12-05-17 by L. A. Paterson on Scribd
Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the Roman Catholic Bishop of Monterey.

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.
MOU Between City & Carmel Fire Ambulance Assoc. 12-05-17 by L. A. Paterson on Scribd
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.

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.
Review of Use Permit (UP 17-80) Application 12-05-17 by L. A. Paterson on Scribd
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.

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
Ordinance (Second Reading) Amending MC Sections 17.08 & 17.68 12-05-17 by L. A. Paterson on Scribd
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.


19. Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff
Flanders Mansion Use Options 12-05-17 by L. A. Paterson on Scribd
Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff

ADJOURNMENT

Saturday, November 25, 2017

City Administrator Chip Rerig: FRIDAY LETTER (Thanksgiving Edition), November 22, 2017

FRIDAY LETTER (Thanksgiving Edition), November 22, 2017
Homecrafters Marketplace
Holiday Tree Lighting Celebration, Friday, Dec. 1
Cal Am is Coming to Town
Thank you Carmel Resident's Association
Thanking of You

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGES’ RULING REGARDING JOINT BRIEFING OUTLINE AND BRIEFING SCHEDULE

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGES’ RULING REGARDING JOINT BRIEFING OUTLINE AND BRIEFING SCHEDULE document copy is embedded.  IT IS SO RULED, including that parties shall use the following outline for their briefs:
Index
Table of Authorities
Summary
I. Introduction
II. Present and future public convenience and necessity of the project
A. Reasonableness of the projection of demand and proposed plant size
1. Estimates and analysis of demand
(a) Future use by existing customers
(b) Growth, including legal lots of record, Pebble Beach, and economic recovery of hospitality industry
2. Estimates and analysis of supply alternatives
(a) The potential expansion of Pure Water Monterey, including amounts and costs of available water
(b) Availability of water for purchase, including from Marina Coast Water District
3. Need for and appropriateness of proposed plant and plant size
(a) Potential methods of reduction from proposed size
(i) Postponement of one or more wells
(ii) Operation of plant at lower rate
(iii) Construction in modular increments
(iv) Other
B. Cost and financing issues
1. Reasonableness of proposed cost cap
2. Financing issues
3. Apportionment of risk (e.g., between shareholders and ratepayers in the form of shared costs, adjustments in rate of return, removal of items from rate base, or other) in the event production is insufficient in whole or part of a significant plant component during the operating life of the MPWSP (e.g., slant wells)
C. Feasibility and desirability of using solar and renewables
D. Section 1002 Factors
1. Community values
2. Recreational and park areas
3. Historical and aesthetic values
III. Legal Principles in Support of and in Opposition to MPWSP
A. Site restrictions, including California American Water’s access to CEMEX site
B. Agency Act
IV. Settlements
A. Comprehensive Settlement Agreement
B. Sizing Settlement Agreement
C. Return Water Settlement Agreement
D. Brine Settlement Agreement
V. Other
VI. Conclusion.
FILED 11-21-17
ADMINISTRATIVE LAW JUDGES’ RULING REGARDING JOINT BRIEFING OUTLINE AND BRIEFING SCHEDULE

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING ON CITIZENS FOR JUST WATER’S SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGE’S RULING ON CITIZENS FOR JUST WATER’S SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP document copy is embedded. IT IS RULED that:
1. The Notice of Intent to Claim Intervenor Compensation filed by Citizens for Just Water is rejected for the reasons set forth.
2. Additional guidance is provided to Citizens for Just Water as set forth above.
FILED 11-20-17
ADMINISTRATIVE LAW JUDGE’S RULING ON CITIZENS FOR JUST WATER’S SHOWING OF SIGNIFICANT FINANCIAL HARDSHIP

Friday, November 24, 2017

Four Noteworthy 27 November 2017 City Council Special Meeting Agenda Items

ABSTRACT: Four Noteworthy 27 November 2017 City Council Special Meeting Agenda Items are featured, including PUBLIC APPEARANCES, Review of Schematic Design Options #1 - #4, and Introduction of Option #5 for the Police Building Renovation Project, Consideration of an appeal (APP 17-410) of the Planning Commission’s denial of a Design Study (DS 17-292) application for the replacement of the existing wood shingle roofing with composition shingle on a single-family residence located in the Single-Family Residential (R-1) Zoning District and Consideration of an Urgency Ordinance prohibiting the sale, use and cultivation of cannabis. The CITY COUNCIL AGENDA SPECIAL MEETING November 27, 2017 and Staff Reports document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Monday, November 27, 2017
TOUR OF INSPECTION 5:45
OPEN SESSION 6:00 PM

TOUR OF INSPECTION - The Council will meet in the Council Chamber 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.


A.  Bartron Propery, Lobos Street, 3 NE of 2nd Avenue

OPEN SESSION

CALL TO ORDER AND ROLL CALL

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.


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.

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. Review of Schematic Design Options #1 - #4, and Introduction of Option #5 for the Police Building Renovation Project
Police Building Renovation Project 11-27-17 by L. A. Paterson on Scribd
Review of Schematic Design Options #1 - #4, and Introduction of Option #5 for the Police Building Renovation Project

PUBLIC HEARINGS
2. Consideration of an appeal (APP 17-410) of the Planning Commission’s denial of a Design Study (DS 17-292) application for the replacement of the existing wood shingle roofing with composition shingle on a single-family residence located in the Single-Family Residential (R-1) Zoning District. The application is being appealed by property owners Reed and Christine Bartron.
Appeal Planning Commission’s Denial Bartron 11-27-17.pdf by L. A. Paterson on Scribd
Consideration of an appeal (APP 17-410) of the Planning Commission’s denial of a Design Study (DS 17-292) application for the replacement of the existing wood shingle roofing with composition shingle on a single-family residence located in the Single-Family Residential (R-1) Zoning District. The application is being appealed by property owners Reed and Christine Bartron.

3. Consideration of an Urgency Ordinance prohibiting the sale, use and cultivation of cannabis.
Urgency Ordinance Prohibiting the Sale, Use and Cultivation of Cannabis 11-27-17 by L. A. Paterson on Scribd
Consideration of an Urgency Ordinance prohibiting the sale, use and cultivation of cannabis.

ADJOURNMENT

Friday, November 17, 2017

Chilone Payton vs. City of Carmel by the Sea, CA. FIRST AMENDED COMPLAINT FOR DAMAGES FOR: (1) RACE DISCRIMINATION IN VIOLATION OF FEHA; (2) HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA; (3) SEX DISCRIMINATION IN VIOLATION OF FEHA; (4) HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA; (5) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA; (6) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA; and (7) FAILURE TO TAKE ALL REASONABLE STEPS NECESSARY TO PREVENT DISCRIMINATION AND HARASSMENT FROM OCCURRING IN VIOLATION OF FEHA.

ABSTRACT: RE: IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF MONTEREY CHILONE PAYTON, Plaintiff, VS. CITY OF CARMEL-BY -THE-SEA, CA, and DOES 1 through 21, inclusive, Defendants. Case No.: 16CV003820 FIRST AMENDED COMPLAINT FOR DAMAGES FOR:
(1) RACE DISCRIMINATION IN VIOLATION OF FEHA;
(2) HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA;
(3) SEX DISCRIMINATION IN VIOLATION OF FEHA;
(4) HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA;
(5) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA;
(6) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA; and
(7) FAILURE TO TAKE ALL REASONABLE STEPS NECESSARY TO PREVENT DISCRIMINATION AND HARASSMENT FROM OCCURRING IN VIOLATION OF FEHA.

On February 13, 2017, Jose A. Gonzalez, Attorney for Chilone Payton, submitted to the Superior Court of California, County of Monterey, FIRST AMENDED COMPLAINT FOR DAMAGES FOR: (1) RACE DISCRIMINATION IN VIOLATION OF FEHA; (2) HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA; (3) SEX DISCRIMINATION IN VIOLATION OF FEHA; (4) HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA; (5) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA; (6) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA; and (7) FAILURE TO TAKE ALL REASONABLE STEPS NECESSARY TO PREVENT DISCRIMINATION AND HARASSMENT FROM OCCURRING IN VIOLATION OF FEHA. On April 4, 2017, a Conference Case Management was held. A Conference Settlement is scheduled for February 16, 2018, Department 14 and a Jury Trial: Long Cause is scheduled for March 19, 2018, Department 14, according to the SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY website. The FIRST AMENDED COMPLAINT FOR DAMAGES document copy is embedded; named and referenced in the amended complaint, including but not limited to, Mike Calhoun (Chief of Police), Janet Bombard (Director of Library Services and Director of Community Activities), Leticia Livian (Senior Human Resources Analyst), Lori Frontella (City Clerk), Al Fasulo (Code Enforcement Officer), Cleve Waters (Public Works Department), Stu Ross (Public Works employee), Paul Tomasi (Police Officer), Joe Boucher (Police Officer), Ashlee Wright (Library Assistant), Tim Woods (Public Works employee), Tim Meroney (Police Officer), Deanna Allen (Finance Department) and Mayor Jason Burnett.
 WHEREFORE, Ms. Payton prays for judgment against the defendants as follows:
1. For compensatory damages. including lost wages and other lost employment benefits according to proof. on each cause of action;
2. For mental and emotional distress damages on each cause of action;
3. For prejudgment and post-judgment interest. at the legal rate;
4. For an award of attorney fees pursuant to California Government Code Section 12965(b) on each cause of action;
5. For costs of suit incurred;
6. For such other and further relief as the court deems proper and appropriate.
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MONTEREY
CHILONE PAYTON, Plaintiff, VS. CITY OF CARMEL-BY -THE-SEA, CA, and DOES 1 through 21, inclusive, Defendants.
Case No.: 16CV003820
FIRST AMENDED COMPLAINT FOR DAMAGES FOR:
(1) RACE DISCRIMINATION IN VIOLATION OF FEHA;
(2) HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA;
(3) SEX DISCRIMINATION IN VIOLATION OF FEHA;
(4) HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA;
(5) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF RACE IN VIOLATION OF FEHA;
(6) RETALIATION FOR COMPLAINING ABOUT DISCRIMINATION AND HARASSMENT ON THE BASIS OF SEX IN VIOLATION OF FEHA; and
(7) FAILURE TO TAKE ALL REASONABLE STEPS NECESSARY TO PREVENT DISCRIMINATION AND HARASSMENT FROM OCCURRING IN VIOLATION OF FEHA.