Seventeen Noteworthy City Council Special Meeting Agenda Items, August 6, 2018

ABSTRACT: Seventeen Noteworthy City Council Special Meeting Agenda Items, August 6, 2018, including TOUR OF INSPECTION, CLOSED SESSION, ANNOUNCEMENTS, PUBLIC APPEARANCES; CONSENT AGENDA including RECEIVING THE MONTHLY REPORTS FOR JUNE, 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, REPORTS FROM SUNSET CULTURAL CENTER INC., ON SUNSET CENTER AND THE FOREST THEATER, 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, OPPOSING PROPOSITION 6, WHICH WOULD REPEAL SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT, 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,” 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, ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH THE CARMEL RESTAURANT IMPROVEMENT DISTRICT and 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 including DISCUSSION ON UPDATE OF THE CITY’S RESIDENTIAL ZONING CODE (CHAPTER 17.10) AND RESIDENTIAL DESIGN GUIDELINES AND UPDATE OF THE CITY’S COMMERCIAL ZONING CODE (CHAPTER 17.14); PUBLIC HEARINGS including SECOND READING OF ORDINANCE NO. 2018-002, ADOPTING CHAPTER 18.04 OF THE MUNICIPAL CODE and 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. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL SPECIAL MEETING AGENDA, August 6, 2018, and Staff Reports document copies are embedded.

Agenda City Council Special Meeting 08-06-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Monday, August 6, 2018
OPEN SESSION
4:30 PM

TOUR OF INSPECTION 2:00 P.M.

A. TOUR OF INSPECTION - POLICE DEPARTMENT, JUNIPERO AVENUE & FOURTH AVENUE

Tour of the Police Department 08-06-18 by L. A. Paterson on Scribd

TOUR OF INSPECTION - POLICE DEPARTMENT, JUNIPERO AVENUE & FOURTH AVENUE

CLOSED SESSION 3:30 P.M.

A. PUBLIC EMPLOYEE EVALUATION (G.C. § 54957) City Administrator

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

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

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.

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.

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.

G. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION -SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B): (2 Cases)

OPEN SESSION 4:30 P.M.

CALL TO ORDER AND ROLL CALL

ANNOUNCEMENTS

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.

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. 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.

Monthly Reports for June 2018 08-06-18 by ;L. A. Paterson on Scribd

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.

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.

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

Reports From Sunset Cultural Center Inc 08-06-18 by L. A. Paterson on Scribd

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.

Amendment No. 1 Psa Native Solutions 08-06-18 by L. A. Paterson on Scribd

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.

RESOLUTION 2018-073, OPPOSING PROPOSITION 6, WHICH WOULD REPEAL SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT.

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”

City Response 2017-2018 Monterey County Civil Grand Jury Report 08-06-18 by L. A. Paterson on Scribd

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. 2018-076, AUTHORIZING THE RE-APPROPRIATION OF UNSPENT FISCAL YEAR 2017-2018 CAPITAL PROJECT FUNDS TO FISCAL YEAR 2018-2019

Re-Appropriation of Unspent Fy 2017-18 Capital Project Fundes 08-06-18 by L. A. Paterson on Scribd

RESOLUTION NO. 2018-076, AUTHORIZING THE RE-APPROPRIATION OF UNSPENT FISCAL YEAR 2017-2018 CAPITAL PROJECT FUNDS TO FISCAL YEAR 2018-2019

11. 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

Supporting the National Carbon Fee 08-06-18 by L. A. Paterson on Scribd

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

12. RESOLUTION 2018-078, ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH THE CARMEL RESTAURANT IMPROVEMENT DISTRICT

RESOLUTION 2018-078, ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH THE CARMEL RESTAURANT IMPROVEMENT DISTRICT

13. 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.

Job Description of Extra Help Retired Annuitant 08-06-18 by L. A. Paterson on Scribd

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

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

14. DISCUSSION ON UPDATE OF THE CITY’S RESIDENTIAL ZONING CODE (CHAPTER 17.10) AND RESIDENTIAL DESIGN GUIDELINES AND UPDATE OF THE CITY’S COMMERCIAL ZONING CODE (CHAPTER 17.14).

DISCUSSION ON UPDATE OF THE CITY’S RESIDENTIAL ZONING CODE (CHAPTER 17.10) AND RESIDENTIAL DESIGN GUIDELINES AND UPDATE OF THE CITY’S COMMERCIAL ZONING CODE (CHAPTER 17.14).

PUBLIC HEARINGS

15. SECOND READING OF ORDINANCE NO. 2018-002, ADOPTING CHAPTER 18.04 OF THE MUNICIPAL CODE

SECOND READING OF ORDINANCE NO. 2018-002, ADOPTING CHAPTER 18.04 OF THE MUNICIPAL CODE

16. 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.

First Reading of Ordinance No. 2018-003 08-06-18 by L. A. Paterson on Scribd

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.

ADJOURNMENT