Escolar Documentos
Profissional Documentos
Cultura Documentos
TOUR OF INSPECTION
Council met in the Council Chamber and proceeded to an on-site tour of inspection of the Markowski
Property located on the northwest corner of Santa Rita Street and Ocean Avenue. Councilmember Hardy
toured the property on her own.
Councilmember Richards recused himself from participating in the Tour and consideration of
corresponding Item 5 because he owns property within 500’.
CLOSED SESSION
Council returned from the Tour of inspection and Mayor Dallas announced the Closed Session items.
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
Item 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
Attachment 6
OPEN SESSION
Mayor Dallas called the open session of the meeting to order at 4:30 p.m.
Absent: None
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
Item A: Recognition of Karen Ferlito for her service on the Forest and Beach Commission.
Mayor Dallas recognized Karen Ferlito for her service on the Forest and Beach Commission. Karen
Ferlito spoke about her hopes for the community.
Public Safety Director Paul Tomasi read a proclamation recognizing Chief Guadenz Panholzer. Chief
Panholzer spoke about his work for the peninsula and the community.
PUBLIC APPEARANCES
The following members of the public spoke during public appearances: Barbara Livingston, Cindy Lloyd,
Ellen Gannon, and Richard Kreitman.
Attachment 6
ANNOUNCEMENTS
City Attorney, Glen Mozingo announced the Closed Session items and provided the report out.
City Attorney Glen Mozingo announced that Council received an update on this item and that there were
no further announcements for the public.
City Attorney Glen Mozingo announced that Council received an update on this item and that there were
no further announcements for the public.
City Attorney Glen Mozingo announced that Council received an update on this item and that there were
no further announcements for the public.
City Attorney Glen Mozingo announced that the case has been resolved in favor of the plaintiff. He stated
that the court had decided that the defendant had been improperly sued in matters preempted by state
legislation. He stated that as a result of that case the defendant’s counsel filed a petition for the recovery
of his attorney fees in the amount of $30,000 and costs to the attorney in the amount of $3,100. He stated
that he concluded that an appeal would be of no value and would simply raise the cost to the City
because of the Trial Court’s previous ruling stated in a sixteen . He stated that he requested the City’s
counsel prepare a remittitur and the conclusion of the court was that the defendant had paid attorney’s
fees, but that the City did not need to return these fees because although it had misapplied the law, it had
not done so in bad faith. He stated that the defendant was entitled to the $3,100 in cost.
City Attorney Glen Mozingo announced that Council had been advised on this item and that there were no
further announcements for the public.
Attachment 6
City Attorney Glen Mozingo announced that there were 3 cases that were addressed and that there were
no further announcements for the public.
Mayor Pro Tem Theis thanked staff for tree lighting event and stated that staff would be working on sound
issues for next year.
Councilmember Hardy stated that at a previous meeting she had mentioned a potential roundabout in
front of CHOMP and that she had received an email from TAMC that hospital doesn't feel that this is a
priority and that the money that would have been used for this project will be put towards streets projects.
Councilmember Reimers thanked staff for the tree-lighting event and stated that she had attend the
Smuin Ballet and highly recommends it.
Mayor Dallas thanked Ben Beesly, all of the groups and the helpers in the park decorating for the tree-
lighting event. He thanked staff for their work on the Homcrafters’ event and stated that a lot of vendors
sold out of merchandise.
City Administrator Chip Rerig stated that Item 19 would be continued to a future meeting. He stated that
long time City of Carmel employee Bill Askew had passed away in October and that the meeting would be
adjourned in his honor. He welcomed new Finance Manager Robin Scattini.
City Administrator Glen Mozingo stated that he has had 137 people come forward to terminate their short
term rental projects and that he has received numerous calls from residents about neighbors who have
chosen not to obey the law and that his office will be contacting the reported offenders. He stated that the
League of California Cities had provided a 600 page report about changes in laws affecting all City
Departments
CONSENT AGENDA
Councilmember Richards recused himself from voting on Item 5 because he owns property within 500’.
Item 3 was already approved at the November 7, 2017 regular Council meeting and appeared on the
agenda in error.
Councilmember Hardy made a comment on Item 5 and Marni Waffle, Senior Planner responded. No
members of the public spoke on this item.
Action: Upon a motion made by Councilmember Hardy, seconded by Mayor Pro Tem Theis, Council
moved to adopted the Consent agenda as follows:
Item 1: Monthly Reports: City Administrator Contract Log, Community Planning and Building
Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests, and
Forester Reports. Approved, 5:0:0
Item 2: Ratify the check register summary for October 2017. Ratified, 5:0:0
Item 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.
Item 4: Consideration of the adoption of a resolution authorizing the City Administrator to execute a
Professional Services Agreement with Pacific Crest Engineering, Inc. for design,
construction support, and environmental testing services for a not-to-exceed fee, including
contingency, of $41,773.75 for the Fuel Station Decommissioning Project. Adopted
Resolution 2017-021, 5:0:0
Item 5: Consideration of a Mills Act Contract for an existing historic residence located in the
Single-Family Residential (R-1) Zoning District. Approved, 4:0:1
Item 6: Adoption of a resolution approving the regular meeting dates of the City Council for the
calendar year 2018. Adopted Resolution 2017-119, 5:0:0
Item 8: Consideration of a resolution authorizing two (2) free use days of the Sunset Center
Theater to the Carmel Unified School District on March 8, 2018 and March 27, 2018.
Adopted Resolution 2017-118, 5:0:0
Item 9: Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the
Roman Catholic Bishop of Monterey. Approved, 5:0:0
Item 10: Consideration of the adoption of a resolution rescinding Council Policy C91-06 “Guidelines
for Recognition Requests” and the adoption of a resolution adopting Council Policy C17-04
“Council Recognition of Individuals, Organizations, and/or Events”. Adopted Resolutions
2017-116 and 2017-117, 5:0:0
Item 12: Adopt a resolution authorizing a refund of the historic property evaluation deposit fee in the
amount of $1,255.00 to Sandra Markowski.Adopted Resolution 2017-124, 5:0:0
PUBLIC HEARINGS
Item 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.
Councilmember Reimers recused herself from consideration of this item because she owns property
Attachment 6
Marc Wiener, Community Planning and Building Director provided the staff report and responded to
Council questions.
Public Comment
The following members of the public spoke on this item: Barbara Livingston, Gloria Valentino, Tim
Blomgren, Jessica McCain, Sheila Armstrong, Kevin Roach, Susan Ardell, and Mike Ragget.
---Public Comment---
Council discussion followed and Council asked questions of applicants Matthew and Mira Porges.
Action: Upon a motion made by Councilmember Richards, seconded by Mayor Pro Tem Theis , Council
moved to approve the Use Permit (UP 17-80) for the Carmel Coffee and Cocoa Bar converting the
existing restaurant from a specialty restaurant to a full-line restaurant; to add up to 38 interior seats and
20 exterior seats in compliance with water credits; and to work with staff to add a “Please Be Seated” sign
at the entrance. 4:0:1
Item 14: Consideration of an Ordinance (Second Reading) amending Municipal Code Chapter
8.68 pertaining to Chlorofluorocarbon, Polystyrene and Similar Packaging Material
Restrictions
Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Reimers, Council
moved to adopt on second reading an ordinance amending Municipal Code Chapter 8.68 pertaining to
Chlorofluorocarbon, Polystyrene and Similar Packaging Material Restrictions. Adopted Ordinance 2017-
011, 5:0:0
Item 15: Consideration of an Ordinance (Second Reading) amending the City’s regulations
concerning the sale, use, and cultivation of cannabis.
Public Comment
The following members of the public spoke on this item: Barbara Livingston, Lauren Banner, and Carl
Iverson.
Action: Upon a motion made by Mayor Pro Tem Theis, seconded by Councilmember Hardy, Council
moved to adopt on second reading an ordinance amending the City’s regulations concerning the sale,
use, and cultivation of cannabis. Adopted Ordinance 2017-009, 5:0:0
Attachment 6
Item 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
Action: Upon a motion made by Mayor Pro Tem Theis, seconded by Councilmember Hardy, Council
moved to adopt on second reading and ordinance 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. Adopted Ordinance 2017-010, 5:0:0
ORDERS OF BUSINESS
Mayor Dallas called for a recess at 6:10 p.m. Council resumed at 6:25 p.m.
Item 17: Consideration of revised fees for special events and activities.
Ashlee Wright, City Clerk gave the staff report and responded to Council questions.
Public Comment
The following members of the public spoke on this item: Hella Rothwell, Sue McCloud, and Barbara
Livingston.
Action: Council provided staff with direction with regards to fees options and further directed staff to
return with an updated fee schedule for consideration that reflected that direction and included: a line item
for residential block parties with a clear definition of residential block parties; an additional high season
option; and consideration of historic City event
Item 18: Receive a post-mortem report of the 2017 Concours on the Avenue event and consider a
request by COTA for a multi-year Special Event Support Program Grant in an amount of
$34,026.85 per year for three years.
Councilmember Richards stated that he had thought about recusing himself from consideration of this
item, but decided not to.
Paul Tomasi, Public Safety Director presented the staff report and responded to Council questions.
Doug Freedman and Kimberly Willison presented on the Concours on the Avenue event and responded
to Council questions.
Attachment 6
Public Comment
The following members of the public spoke on this item: Sue McCloud, Mike Brown, Lauren Banner, Joe
Kane, Steve Rana, and Doug Freedman.
Action: Upon a motion made by Mayor Dallas, seconded by Councilmember Hardy, Council moved to
allow the Concours on the Avenue event to utilize Devendorf park Sunday, Monday and Tuesday and to
require the Concours on the to pay all hard and soft costs for the event, excluding the cost of the second
ambulance, for one-year. 4:1:0
Item 19: Receive a presentation regarding possible options for the use of the Flanders mansion and
provide direction to staff
ADJOURNMENT
There being no further business Mayor Dallas adjourned the meeting adjournment 9:28
APPROVED: ATTEST:
______________________________ ______________________________
Steve G. Dallas, Mayor Ashlee Wright, City Clerk