Corrected Minutes 05-01-18

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
May 1, 2018
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Tom Graves, MMC - City Clerk
APPROVED BY: Chip Rerig, City Administrator
Corrected Minutes -
1) March 2, 2018;
2) March 5, 2018;
3) March 6, 2018;
4) March 7, 2018;
SUBJECT:
5) March 21, 2018, and
Draft Minutes -
6) April 3, 2018.
RECOMMENDATION:
Adopt the Minutes.
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
Attachment #1 - Corrected Minutes - 030218

Attachment #6 - Draft Minutes - 040318
Attachment 1
City Council Special Meeting Minutes
March 2, 2018
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION

Friday, March 2, 2018
OPEN SESSION
8:00 AM
CALL TO ORDER AND ROLL CALL
Mayor pro tem Theis called the meeting to order at 8:00 a.m.
Present: Mayor pro tem Theis, Councilmembers Reimers and Hardy

Absent: Mayor Dallas, Councilmember Richards
Also Present: City Attorney Mozingo, Deputy City Attorney Rose, Assistant City Attorney Giffen
ANNOUNCEMENTS None
PUBLIC APPEARANCES None
8:05 A.M.
CLOSED SESSION
Item A: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED
LITIGATION (Facts and Circumstances)
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9(d)(2): 2 cases
This item was continued to the March 5, 2018 meeting.

FUTURE AGENDA ITEMS
ADJOURNMENT
APPROVED: ATTEST:
________________________________ _________________________________
Carrie Theis, Mayor pro tem Thomas A. Graves, MMC
City Clerk
City Council Meeting Minutes
Attachment
March 5, 20182
REGULAR MEETING
Monday, March 5, 2018 Revised
CLOSED SESSION
4:00 P.M.
OPEN
CALL TO ORDER AND ROLL CALL CLOSED SESSION
A. 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
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED
LITIGATION (Facts and Circumstances) Significant exposure to litigation
pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 2
cases
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED
LITIGATION - FAIR POLITICAL PRACTICES RULING OF FEBRUARY 16,
2018. (Facts and Circumstances) Significant exposure to litigation pursuant to
subdivision (b) of Government Code Section 54956.9(d)(2) and Government
Code Section 87100: 1 case.
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED
LITIGATION - FAIR POLITICAL PRACTICES RULING OF FEBRUARY 16,
2018. (Facts and Circumstances - C. Hardy, Case # 17/551) Significant
exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9(d)(2) and Government Code Section 87100: 1 case.
OPEN SESSION
5:30 PM
Mayor Dallas called the meeting to order at 4:30 p.m.
Present: Councilmembers Hardy, Reimers, Richards, Mayor pro tem Theis and Mayor Dallas
Absent: None
PLEDGE OF ALLEGIANCE
A. Monterey-Salinas Transit Presentation

B. Monterey County Convention & Visitors Bureau Presentation
C. Monterey Bay Community Power Presentation
D. Pacific Gas & Electric Presentation, New Gas Line Project
Page 1 of 2
Attachment
March 5, 20182
The Closed Session of March 5, 2018, Continued from March 2, 2018 was as follows:
CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED
pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 2 cases
CLOSED SESSION ON OR AFTER THE HOUR OF 8:00 P.M.
Present: Councilmembers Hardy, Reimers, Mayor pro tem Theis
Absent: Councilmember Richards, Mayor Dallas
This item was continued to a Closed Session on March 6, 2018.
ADJOURNMENT
APPROVED: ATTEST:
______________ ________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
Page 2 of 2
Attachment
March 6, 20183
REGULAR MEETING
Tuesday, March 6, 2018
REVISED AGENDA
3:30 P.M.
TOUR OF INSPECTION
Absent: None
Item A: Tour - Guadalupe Street 4 northeast of 3rd Avenue in the Single-Family Residential (R-1)
Zoning District. The project applicant is Jaroslav and Janna Stepanek. The application is being
appealed by Mo and Fay Massoudi.
Mayor Dallas was recused from this item, due to proximity.
Item B: Tour - Coastal Development Permit (CDP 16-315) for the North Dunes Restoration
Project.
Mayor Dallas joined the tour for the above item.
OPEN SESSION
4:30 PM
Absent: None
Staff: Chip Rerig, City Administrator
Maxine Gullo, Assistant City Administrator
Glen Mozingo, City Attorney
Jon Giffen, Assistant City Attorney
Marc Wiener, Director, Community Planning & Building
Marnie Waffle, Senior Planner
Dick Bower, Building Official
Bob Harary, Director, Public Works
Paul Tomasi, Chief of Police/Director, Public Safety
Ashlee Wright, Library and Community Activities Director
EXTRAORDINARY BUSINESS
Item A: Presentation of a Proclamation to American Red Cross Central Coast.
Councilmember Hardy presented the Proclamation to Dick Bower.
Page 1 of 8
Attachment
March 6, 20183
Item B: New Employee Introductions
Director Harary introduced Lisa Leo, Project Manager and Robert Estrella, Project Manager.
City Attorney Mozingo introduced Assistant City Attorney Jon Giffen and Deputy City Attorney
Gerard Rose.
PUBLIC APPEARANCES
SPEAKING IN OPPOSITION TO THE EASTSIDE PARKWAY
Kathleen Craig Natalie Anisetti
Pete Scudder Ken Christman
Mike De Lapa Paula Bertrand
An Unidentified Woman Karen Locke
Karen Mack Carol Hall
Chris Mack Threse Kohler
Ms. Conlan Sue McCloud
An Unidentified Woman
SPEAKING IN FAVOR OF THE EASTSIDE PARKWAY
Julie King
ANNOUNCEMENTS
Item A: Closed Session Oral Report (City Attorney Mozingo)
City Attorney Mozingo reported that the March 2, 2018, Closed Session was continued to the
March 5, 2018, meeting; and that the March 5, 2018, meeting was continued to the March 6,
2018, meeting.
The Closed Session of March 5, 2018, was as follows:
1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea, CA
Monterey Superior Court Case No. 16CV003820
Councilmembers were updated on the case.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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, Respon-
dents/Defendants Monterey County Superior Court Case No. M123079
Page 2 of 8
Attachment
March 6, 20183

Name of Case: Alfred Johnson v. City of Carmel and Doe 1 through Doe 20,
inclusive, Respondents/Defendants: Monterey County Superior Court Case
No.17CV003800
Name of Case: Yolanda Macias v. City of Carmel-by-the-Sea, California, and
Doe 1 through Doe 25, inclusive, Respondents/Defendants Monterey County
Superior Court Case No.17CV003685
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
The above case was dismissed in favor of the City.
6. CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED
Pursuant to subdivision (b) of Government Code Section 54956.9(d)(2):
2 cases.
Councilmembers were updated.
LITIGATION –FAIR POLITICAL PRACTICES RULING OF FEBRUARY 16,
2018. (Facts and Circumstances) Significant exposure to litigation pursuant
to subdivision (b) of Government Code Section 54956.9(d)(2) and
Government Code Section 87100: 1 case.
The above complaint was brought before the FPPC by Maria Sutherland and
witness Karen Ferlito. The allegation was that Councilperson Reimers should
have removed herself because of her husband’s membership in SAND. The
FPPC found no evidence that Mr. Reimers has ever received income from
SAND, and indicated that the FPPC would not pursue the matter further.
LITIGATION – FAIR POLITICAL PRACTICES RULING OF FEBRUARY 16,
2018. (Facts and Circumstances - C. Hardy, Case # 17/551)
Significant exposure to litigation under subdivision (b) of Government Code
Section 54956.9(d)(2) and Government Code Section 87100: 1 case.
The above complaint was initiated by Ian Martin who alleged a conflict of
Interest for Councilmember Hardy, who participated in lease negotiations with
Sunset Cultural Center, Inc. for the Forest Theater. The FPPC ruled that the
lease negotiation was similar to other leases that had been previously
negotiated, and therefore was not likely to affect Councilmember Hardy’s real
estate interest.
Page 3 of 8
Attachment
March 6, 20183
Item B: Councilmember Announcements

Councilmember Richards asked Chief Tomasi to tighten up enforcement on tour bus parking.
Revenue is up.
Councilmember Hardy complimented the presentation yesterday by MST and said she is not
reporting out on TAMC. She did report out on former City Clerk Lori Frontella, now in need of a
kidney transplant. There is a fundraising auction in Chowchilla, and several members of the
community have provided donations, including Tony Salameh who has provided opportunities
for dining at Anton & Michel and The Grill on Ocean Avenue, Soerke Peters and Amy Stouffer
for the Village Corner and Lafayette Restaurant, Ken Spielvogel for Flaherty’s Grill, and Carrie
Theis who provided two night’s lodging at Hofsas House. Thanks were also offered to Mary
Dallas and Mary Schley for the article in the Pine Cone.
Councilmember Reimers said that Mayor Dallas sat in for her at the last meeting of the FORA
Board in February when she couldn’t be present. But she will attend the March meeting of the
board when she will vote on the Eastside Parkway.
Item C: City Attorney Announcements - None
Item D: City Administrator Announcements
City Administrator Rerig asked Chief Tomasi to speak about area school safety in light of the
recent tragic events in Florida. The Chief said we are ready to respond to such a situation if
necessary. The department has worked with schools and upgraded equipment.
CONSENT AGENDA
Councilmember Hardy moved, seconded by Councilmember Reimers, to approve
the Consent Agenda, minus Items 2,3,6,7, and 9.
AYES: Hardy, Reimers, Richards, Theis, Dallas
NOES: None
Item 1: Monthly Reports:
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 Reports
Item 2: Ratify the January, 2018 Check Register Summary.
This item was pulled by Councilmember Richards. Of $170,000 spent on legal fees last month,
the retainer for the month of November and December wasn’t paid until January. Also, $82,000
was paid by the City to an outside law firm, and after some study, the City Attorney concluded that
the insurance company was in error: that the policy should have covered the expense. The
insurance carrier supervisor has recommended that the City be reimbursed for $82,000. The
remainder of about $60,000 was detailed by the City Attorney.
Mayor pro tem Theis moved, seconded by Councilmember Reimers, to approve Item 2.
NOES: None
Page 4 of 8
Attachment
March 6, 20183
Item 3: Draft Minutes of the January 9, 2018 and February 6, 2018 City Council Meetings.
This item was pulled by Councilmember Reimers, who clarified her FORA report.
Councilmember Reimers moved, seconded by Councilmember Hardy, to approve Item 3.
NOES: None
Item 4: Resolution 2018 - 024, Awarding a Professional Services Agreement to Kasavan
Architects for a not-to-exceed fee, including a 10% contingency of $80,400, for
preparation of the ADA Transition Plan.
Item 5: Resolution 2018-025, Authorizing the Closure of Certain Streets and the Placement of
Tents in Devendorf Park for the 12th Annual Concours on the Avenue on Tuesday,
August 21, 2018.
Item 6: Resolution 2018-026, Authorizing the Closure of Certain Streets and the Placement of
Tents in Devendorf Park for the 21st Annual Pebble Beach Tour d'Elegance Event on
Thursday, August 23, 2018.
Councilmember Hardy pulled Item 6 for comment. The item indicates that streets will be closed at
9:00 a.m. and reopen at 2:30 p.m. or 3:00 p.m. The streets should not open until all of the streets
are clear of pedestrians.
Councilmember Hardy moved, seconded by Councilmember Reimers, to approve Item 6.
NOES: None
Item 7: Resolution 2018-027, Authorizing 1.) The serving of alcohol at a VIP wine reception on
Mission Street during the Carmel Art Festival on Friday, May 18, 2018, from 7:00 p.m. to
9:00 p.m., and 2.) The closure of Mission Street between Ocean and 6th Avenues.
Councilmember Hardy pulled this item. Ashlee Wright presented comments on the bands. Ms.
Hardy said this is becoming a music festival as well as an art festival. Her concern is that this is a
lot longer music portion than we even have at the 4th of July. Ms. Wright commented that there is
quite a bit of time between bands.
Councilmember Hardy moved, seconded by Mayor pro tem Theis, to approve Item 6.
NOES: None
Item 8: Resolution No. 2018-030, Creating an ad hoc Committee for Carmel Youth Center for
real property lease negotiations.
The Mayor announced that Item 9. would be moved to after Item 13. to give time for
all councilmembers to study the applications and recommendation for an
appointment to the Planning Commission.
Councilmember Richards pulled Item 2.
Councilmember Hardy pulled Items 6 and 7 for comment.
Councilmember Reimers pulled item three for comment.
Jeff Baron inquired about Item 9. The Mayor explained it had been moved to the
end of the meeting.
Page 5 of 8
Attachment
March 6, 20183
ORDERS OF BUSINESS
Item 10: Resolution 2018-029, Awarding a Construction Contract to Monterey Peninsula
Engineering for a not-to-exceed amount, including a 10% contingency, of $2,180,000 for
construction of the Fiscal Year 2017/18 City-Wide Paving Project.
Public Works Director Bob Harary presented the staff report and spoke at some length about the
overall score of residential street paving, which is now scored at 62, which is “Fair.”
He went on to explain why the project was broken up into pieces. Essentially, he wanted to make
sure the main part of the project was initiated, although it was a better project to include all of the
pieces of the project. It only becomes more expensive as time goes on. Four responsive bids
were received, and MPE was the low bidder. The entire project is $1,981,820, plus a 10%
Contingency, for a total of $2,180,000. There is funding for the entire project if Measure D
Reserves are tapped.
SPEAKING FROM THE FLOOR:
Georgina Armstrong
Ben Beesley
An Unidentified Bicyclist
Barbara Livingston
Councilmembers Hardy and Reimers expressed concerns about the total amount to be spent.
Councilmember Richards would like to do all of the projects. Mayor pro tem Theis said Measure
D funds were meant for projects just like this. So either this project and Base #2, but her
preference is to do it all.
The Mayor inquired about sidewalks in general. Aren’t the newly-paved roads going to suffer if
the equipment is brought in later to rehab and install sidewalks and curb cuts? Drainage will
have to be modified in some areas.
Mayor pro tem Theis asked if sidewalks could be focused on in the upcoming budget. City
Administrator Rerig said, “Absolutely.”
Councilmember Hardy moved, seconded by Mayor Dallas, to approve Option 1 and do the
entire project.
NOES: None
The Mayor called a 10-minute break.
Council reconvened at 7:09 p.m.
PUBLIC HEARINGS
Item 11: Consideration of an amendment to the Coastal Development Permit (CDP 16-315) for
the North Dunes Restoration Project.
Director Wiener presented the staff report. Joey Canepa added comments, as well.
Technically, the City Council is being asked to approve an amended Coastal Permit with
minor revisions to Findings for Approval to reflect tree removal. Condition #4 – 21 live trees,
including 17 Monterey Cypress and 4 Monterey Pines; Condition #5 – Revision to allpowed
height of Acacia 6-8 feet (was 2-3 feet.); Condition #11 – Deleted.
Page 6 of 8
Attachment
March 6, 20183
SPEAKING FROM THE FLOOR IN SUPPORT

Neils Reimers John Lambert
Mary Liskin Fred Taylor
Don Goodhue Barbara Livingston
SPEAKING FROM THE FLOOR IN OPPOSITION
Regina Armstrong Fred Taylor
Karen Ferlito Karen Ferlito
Maria Sutherland Barbara Livingston
Councilmember Reimers complimented Ms. Canepa on her patience and hard work.
Councilmember Richards asked about succession planting. Director Wiener said the Planning
Commission considered planting 3-5 trees in the North Dunes, but did not recommend it.
Councilmember Richards said he wanted to discuss adding 3-5 cypress trees back into the
plan.
Mayor pro tem Theis agreed with Councilmember Richards, although she agreed that the
cypress needed to be thinned out. Councilmember Hardy agreed with Mayor pro tem Theis.
Councilmember Reimers moved, seconded by Councilmember Richards, to accept the
Botanist’s plan as presented with addition of up to three succession trees, and to remove up to
ten trees recommended by Forest & Beach so it would not have to come back to Council.
Note: Councilmember Reimers clarified a document that purports to be from the Friends of
the Forest that suggests she started SAND with her husband, Neils, but she said it is not the
case. The document also indicates that Councilmember Reimers wants all of the trees out of
the dunes, but she said her position has always been to support the science of the dunes and
the Botanist Report from 2009.
NOES: None
Item 12: Consideration of an appeal of the Planning Commission’s decision to approve a Design Study
(DS 17-294) and associated Coastal Development Permit for the demolition of an existing
residence and the construction of a new residence located on Guadalupe Street, 4 NE of 3rd
Avenue in the Single-Family Residential (R-1) Zoning District. The project applicant is Jaroslav
and Janna Stepanek. The application is being appealed by Mo and Fay Massoudi.
Mayor Dallas recused himself due to proximity and left the dais.
Senior Planner Marni Waffle presented the staff report.
Mo and Fay Massoudi received 10 minutes from Mayor pro tem Theis.
Jerry Stepanek received 10 minutes from Mayor pro tem Theis. He presented his thoughts, and
then asked Jeff Crockett, building designer, to speak.
SPEAKING FROM THE FLOOR
Barbara Livingston
Al Saroyan
Karen Nelson
Councilmembers Reimers, Hardy and Richards said they would vote to deny the appeal.
Page 7 of 8
Attachment
March 6, 20183
Mayor pro tem Theis moved, seconded by Councilmember Hardy, to deny the appeal and
remove Item 27 requiring improvements to the neighbor’s window from the Conditions of
Approval.
AYES: Hardy, Reimers, Richards, Theis
NOES: None
ABSENT: Dallas
Mayor Dallas returned to the dais at 8:49 p.m.
Item 13: Consider an appeal from Martin Camsey, VP/CFO of the Niello Company, of the denial of a
Special Event Permit application for a proposed special event on Saturday, August 25, 2018.
Director Ashlee Wright made the staff presentation.
Summer Wright and Meghan appeared on behalf of the Niello Company.
SPEAKING FROM THE FLOOR
Barbara Livingston
Councilmember Hardy moved, seconded by Councilmember Reimers, to deny the appeal and
to clarify the Special Events policy regarding private parties in the park, that is to be brought
back in June.
NOES: None
Item 9: Resolution No. 2018-031, Appointing a City of Carmel-by-the-Sea Elector to Fill an
Unexpired Term of Office on the Planning Commission ending on September 30, 2018.
Mayor Dallas continued this item to the next meeting and asked that redacted applications be
placed in a binder for the public.
After this item was completed, Councilmembers Hardy, Reimers and Mayor pro tem Theis met
in closed session as below. Mayor Dallas and Councilmember Richards were excused.
CLOSED SESSION ON OR AFTER THE HOUR OF 8:00 P.M.
Item 14: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

LITIGATION (Facts and Circumstances) Significant exposure to litigation under subdivision
(b) of Government Code Section 54956.9(d)(2): 2 cases
ADJOURNMENT
APPROVED: ATTEST:
______________ ____________________
City Clerk
Page 8 of 8
Attachment 4
City Council Special Meeting Minutes
March 7, 2018
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION

Wednesday, March 7, 2018
OPEN SESSION PRESS CONFERENCE
10:00 AM
Mayor pro tem Theis called the meeting to order at 8:00 a.m.
Present: Mayor pro tem Theis, Councilmembers Reimers and Hardy

Absent: Mayor Dallas, Councilmember Richards
Also Present: City Attorney Mozingo, Deputy City Attorney Rose, Assistant City Attorney Giffen
A. Report by City Attorney Regarding the Investigation Pertaining to

Allegations of Harassment by a Public Official.
The City Attorney reported that there were twenty-one complaints from
six individuals that are detailed in the Investigator’s report. Some items
have been referred to the District Attorney, but there is no ongoing
investigation as far as the City is concerned.
B. Joint Statement by City Council Members.
C. City Attorney Conducts a Question and Answer Session to Receive Questions
From the Public.
Royal Calkins, Julie Webb, Constance Dudley Laub, George Brenner, David Fink,
Sara Rubin, Kim Stemler, Rich Pepe, Julie Wendt, Rob Wallace, Graeme Robertson,
Karen Ferlito, Pam Marino, Caitlyn Conrad and Carly Mayberry asked questions of
the City Attorney and Councilmembers.
D. Closing Council Comments.
ADJOURNMENT at 11:41 a.m.
APPROVED: ATTEST:
________________________________ _________________________________
Carrie Theis, Mayor pro tem Thomas A. Graves, MMC
juiCity Clerk
Attachment 5
March 21, 2018
CITY COUNCIL SPECIAL MEETING

Wednesday, March 21, 2018
OPEN SESSION
5:30 PM
Present: Councilmembers B. Richards, J. Reimers, C. Hardy, Mayor pro tem Theis,

Mayor Dallas
Absent: None
Staff: C. Rerig, G. Mozingo, L. Powell, R. Harary, J. Staker, R. Scattini, S.
Friedrichsen, M. Wiener, A. Wright.
PUBLIC APPEARANCES
SPEAKING FROM THE FLOOR:
Bob Jenkins said the City Attorney mentioned at the Marcy 7, 2018 press conference the City
had received an initial billing from the Investigating Attorney for $25,000. He is presuming
based on past experience that the final bill will be between $50,000 to $100.000. He said
that as the actions of Steve Dallas have been the cause of this investigation and resulted in
this expense to the City, he recommended that the City demand reimbursement from Mr.
Dallas of the unanticipated costs. He said if he does not comply, appropriate legal action
should be taken against him.
ANNOUNCEMENTS
Mayor Dallas offered a sincere and heartfelt apology to the City, his Council colleagues, and
to the City staff.
City Attorney Mozingo thanked the City Council and staff for their support during this process
over the last eight months. He said it has come to his attention that there are those within the
City, on Facebook and other social media, that object to the practices, procedures and
administration of the City Attorney’s office. These individuals have chosen to attack the City
Attorney’s office and its members both professionally and personally. Despite these attacks,
the City Attorney said he wanted to assure the community that no taxpayer funds would be
expended to respond to these attacks, and that all members of the City Attorney’s office are
committed to the duties and obligations of that office. The City of Carmel is a unique
community, that is entitled to the dedicated and committed efforts of all that have been
entrusted to protect it. And the City Attorney’s office will continue to do so.
Page 1 of 2
Attachment 5
March 21, 2018
CONSENT AGENDA
Item 1: Resolution No. 2018-031, Appointing Christopher Bolton to Fill an Unexpired Term of
Office on the Planning Commission ending on September 30, 2018.
Resident Jeff Baron pulled this item and pointed out that if this appointment goes
through, all planning commissioners will have been appointed by this Mayor. He also
wants to insure that the Planning Commission is actually focused on planning for the
future of the community and not just design review.
Action: Upon a motion by Hardy, seconded by Reimers, Christopher Bolton was appointed to
the Planning Commission on a unanimous vote to fill an unexpired term until September
30, 2018.
ORDERS OF BUSINESS
Item 2: Receive a presentation on the proposed Fiscal Year 2018-2019 Capital Improvement Program
and provide direction to staff.
Presentations were made by Public Works Director Bob Harary and Contracts and Budgets
Director Sharon Friedrichsen, with additional comments by City Administrator Chip Rerig.
Councilmembers asked for copies of the PowerPoint presentation, which were emailed
the day after the meeting and attached to the meeting materials on the website.
Councilmembers provided guidance and direction in preparation for this item’s return to
Council on May 1, 2018.
FUTURE AGENDA ITEMS

ADJOURNMENT
APPROVED: ATTEST:
________________________________ _________________________________
City Clerk
Page 2 of 2
Attachment 6
REGULAR MEETING
Tuesday, April 3, 2018
Tour 3:30 p.m.
TOUR OF INSPECTION
Present: Councilmembers Hardy, Reimers, Richards, Mayor pro tem Theis and Mayor
Dallas
Absent: None
Item A: Use Permit #18-040 (Mad Dogs & Englishmen) Jennifer Blevins, Business Owner
SW Corner of Ocean and Mission
Item B: Encroachment - #17-153 R. Terence Budden, Torres Street, 3 Northwest of First
Avenue, APN: 009-132-007
CLOSED SESSION 4:00 p.m.

CLOSED SESSION
Item A: CONFERENCE WITH LEGAL COUNSEL - State Farm vs. City of Carmel-by-the-
Sea Summary Judgment
Item B: CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation (§54956.9(b):)
(1 case)
OPEN SESSION
4:30 PM
Present: Councilmembers Hardy, Reimers, Richards, Mayor pro tem Theis and Mayor
Dallas
Absent: None
Staff: Chip Rerig, City Administrator
Maxine Gullo, Assistant City Administrator
Jon Giffen, Assistant City Attorney
Marc Wiener, Director, Community Planning & Building
Marnie Waffle, Senior Planner
Lisa Leo, Project Manager
Robert Estrella, Project Manager
Dick Bower, Building Official
April 3, 2018
Attachment 6
Bob Harary, Director, Public Works

Paul Tomasi, Chief of Police/Director, Public Safety
Ashlee Wright, Director, Library and Community Activities
Item A: Police Officer Greg Johnson, Officer of the Year.
Chief Tomasi made the presentation to Officer Johnson.
Item B: Proclamation Declaring National Library Week, April 8-14, 2018.
Councilmember Reimers made the presentation to Director Wright.
PUBLIC APPEARANCES
Karen Ferlito, Ramona Andre, Richard Andre, Nevin Miller, Jack Galante, Sue
McCloud, Les and Trish Albiol, Ken Spilfogel, Jessica Faddis, Ben Beesley, Georgina
Armstrong, and Barbara Livingston.
ANNOUNCEMENTS
Item A: Closed Session Oral Report
Report by Assistant City Attorney Jon Giffen on the 1.) State Farm vs. the City of
Carmel-by-the-Sea, the Court issued a Summary Judgment in this case. The City
Council also discussed a case of anticipated litigation, and there is no information to
report.
Item B: City Attorney Announcements - None
Item C: Councilmember Announcements –
Councilmember Hardy reported out for the Transportation Agency for Monterey
County and for Monterey-Salinas Transit. The Holman Highway project continues to
win accolades from users and professionals alike, and recently was submitted to a
contest at the League of California Cities which it won for Best Safety Project of the
Year. TAMC is also preparing to expand passenger rail service south to Salinas from
Santa Clara County. There will be passenger hubs in Salinas, Pajaro and in
Castroville. Measure X has generated over $18 million for transportation projects for
which Carmel’s share was about $129,000. That $129,000 is being allocated for street
repairs right now. Finally, MST has put new busses into service. The first four went into
service already between Salinas and Monterey, and there are 23 more on the way.
Each new bus costs about $500,000. As a side note, the new busses are being made
in Livermore, CA.
Councilmember Reimers reported on three items. First, she said she agrees that
some research should go into the underground wiring planning for the City, and
suggested that one way to do that would be an ad hoc committee of citizens. Second,
she shared that the Carmel Library Foundation will have a special and unique
April 3, 2018
Attachment 6
fundraising event entitled, “The Travel Edition: Journey of a Life,” scheduled on April
24th at Sunset Center. As a side note, the Library Foundation recently gave in excess
of $200K to the Library for books and support. Lastly, Councilmember Reimers read a
statement into the record on the North Dunes because, she said, she did not want to
misspeak. The statement is as follows:
The North Dunes is a Sensitive Habitat that requires special care.
The recent Pine Cone told that the plan that has been approved Unanimously by the Forest &
Beach, approved Unanimously by the Planning Commission and approved Unanimously by the
City Council is being challenged to the Coastal Commission. Granted, a person has a right to
challenge.
However, to defend that challenge the city will need to prepare and present positions at one of the
upcoming Coastal Commission meetings.
That process will be costly and it is important that the citizens of Carmel-by-the- Sea understand and
learn what those costs are. So, I am asking that the hours of staff time and the travel expenses and all
other city costs be tabulated so that we all will have a clear understanding of the cost to the city of this
challenge.
As a side note, the plan to restore the Dunes is one that all scientists who have been involved over the
number of years supported. And, important to note is that 60 or so trees will remain in the Dunes area
and the opening up of the hedges of trees will allow us all to appreciate the more ‘Iconic’ look of the
Cypress trees. (that, by the way are not native to that Dunes)
It is for these reasons that I ask that a record be kept of the costs related to the defense of the Dunes
Restoration challenge.
//s// Jan Reimers
Mayor Dallas said that on behalf of the City he sent letters regarding two bills that were
introduced by Assemblymember Mark Stone; AB-2308 will protect our coast and
waterways by banning cigarette filters, and the second was AB-2421 to restore habitat
for the Monarch butterfly whose population has been drastically declining over the past
decade.
In May, Mayor Dallas hopes to have Jim Cullem, Executive Director of the Monterey
Peninsula Regional Water Authority come to the City with a water update. As of this
meeting, Public Water Now has gathered 11,405 signatures asking for a feasibility
study to be done, and to have it voted upon by Peninsula residents in November.
The Mayor also reported that unfortunately the North Dunes Restoration Project had
been appealed to the Coastal Commission for review. City staff and the Mayor will
attend that Coastal Commission meeting in hopes of getting the matter settled so the
City can proceed with the restoration.
Finally, The City Administrator and Mayor Dallas have reached out to PG&E regarding
the proposed 6-inch gas pipeline proposed installation through the City. It appears that
PG&E is proposing some changes as requested by the residents, staff and Council.
Furthermore, the Mayor and Mr. Rerig have requested PG&E to produce a PG&E
outreach workshop for the community. PG&E has not yet responded. Mayor Dallas
April 3, 2018
Attachment 6
will continue to press for such an outreach workshop to be done before it comes again
before this Council.
Item D: City Administrator Announcements
The City has installed four beach fire smokeless devices mounted on small concrete
pads south of Tenth. Several citations were issued to people burning charcoal in a
charcoal grill, which is not allowed. Lastly, Community Planning and Building Director
Wiener has helped to design new beach signage, with a planned installation date of
this Friday, March 9.
Regarding Flanders Mansion, the City has received direction from Council. The
administration is in the middle of budget preparation for the FY18-19 cycle that has
taken precedence over the two options the Council has asked for, but this will be
done as soon as the budget preparation has been concluded.
CONSENT AGENDA
Councilmember Richards stated that he did speak with Assistant City Attorney Giffen about
funds that were expended in February, and that all charges were explained to his satisfaction.
Councilmember Reimers moved, seconded by Mayor pro tem Theis, to approve the Consent
Agenda, minus Item 3.
Action: AYES: Richards, Hardy, Theis, Reimers, Dallas
NOES: None
Councilmember Reimers moved, seconded by Mayor pro tem Theis, to approve Item 3.1.
Action: AYES: Hardy, Theis, Reimers,

NOES: None
ABSTAIN: Richards, Dallas
Item 3.5. was pulled by Jeff Baron, who said he does not feel the Minutes of March 20th
accurately describe his statement. He asked either that his remarks be stricken and the
Minutes be revised or that the Council direct the City Clerk to re-watch the tape and revise the
Minutes accordingly. The Mayor so directed the Clerk. On a query from Councilmember
Hardy suggesting Mr. Baron might clarify his point for the Clerk, Mayor Dallas said it’s just
easier to “dictate it out” and place it directly into the minutes, thus eliminating the need for
further discussion.
Mayor Dallas asked for a motion to continue Items 3.2, 3.3, 3.4, and 3.5 to the May 1, 2018
agenda.
Action: Councilmember Hardy moved to do so, seconded by Councilmember Reimers.
AYES: Richards, Hardy, Reimers Theis, Dallas
NOES: None
April 3, 2018
Attachment 6
Item 1: Monthly Reports for February:

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 Reports
Item 2: February 2018 check register summary.
Item 3: Draft Minutes -
1.) March 2, 2018 City Council Special Meeting Closed Session and;
2.) March 5, 2018 City Council Regular Meeting & Closed Session; and
3.) March 6, 2018 City Council Regular Meeting & Closed Session; and
4.) March 7, 2018 City Council Special Meeting, and
5.) March 20, 2018 City Council Special Meeting.
Item 4: Resolution 2018-012, Awarding a Professional Services Agreement to Axiom Engineers
for a not-to-exceed fee, including contingency, of $30,000 for design and construction
support services for HVAC System Replacements at the Harrison Memorial and Park
Branch Libraries
Item 5: Resolution No. 2018-032-1 approving a budget adjustment of up to $21,293 to fund
the purchase of radios for the City's Fire and Ambulance Department; and Resolution
2018-032-2 authorizing the City Administrator to enter into an agreement with the
Cities of Monterey, Pacific Grove, Salinas, Big Sur Fire Brigade, City of King City, City
of Marina, Mid Coast Fire Brigade, and the Aromas Tri-County Fire Protection District
for joint grant funding of remaining radios not purchased through the initial grant.
Item 6: Resolution 2018-033, Adopting Council Policy C18-01 “Website Policy” governing
theusage of the City’s website.
Item 7: Resolution No. 2018-034 authorizing a supplemental appropriation of $884,575 to
the Fiscal Year 2017-2018 Adopted Budget for the Citywide Paving Project.
Item 8: Resolution 2018-035, Authorizing the Community Activities & Cultural Commission
to form an ad hoc Committee to review Municipal Code Chapter 2.28 "Community
Activities and Cultural Commission".
Item 9: Resolution No. 2018-038 authorizing the City Administrator to execute Amendment
No. 3 to Professional Services Agreement ADM-CREZA-035-16-17 with Christine
Reza for financial consulting services for a not to exceed contract amendment
amount of $10,000.
Item 10: Resolution No. 2018-039, adopting a list of streets to be repaved for inclusion in the
FY 2018/19 Budget and Capital Improvement Plan and partially funded by SB 1, the
Road Repair and Accountability Act.
April 3, 2018
Attachment 6
ORDERS OF BUSINESS
Item 11: Resolution 2018-040, authorizing the City Administrator to execute Amendment No. 1 to
the Professional Services Agreement with Kasavan Architects for a fee increase, including
contingency, of $74,534; and Review of Schematic Design for the Police Building
Renovation and Expansion Project.
The City Council returned from a break at 6:21 p.m.
Public Works Director Harary began his presentation at 6:30 p.m., recapping the steps
Council took to get to the present situation, which is for the City Council to confirm the
schematic design and approve Amendment No. 1 with Kasavan Architects for additional
design services at $74,534, bringing the total fee with a 10% contingency to $197,349. The
Design Phase is considered a separate project from the Construction Phase.
Council asked questions of staff. Chief Tomasi and Director Harary answered questions.
Georgina Armstrong, Jeff Baron, Karen Ferlito, Barbara Livingston, (add the others) spoke.
City Administrator Rerig said this process started about a year ago when Chief Tomasi
talked about what his needs were. He said this process is in its adolescent phase right now,
and the reason it’s coming back to the Council is that Council asked for it to come back after
reviews by the Forest and Beach and Planning Commissions. He also stated that this
would be a secure facility, unlike the community rooms at Sunset Center or the Library. This
room will be used as a training room for police officers and perhaps other small groups of
staff, as well as the EOC.
Councilmember Hardy moved, seconded by Mayor pro tem Theis, to authorize the City
Administrator to execute Amendment No. 1 to the Professional Services Agreement with
Kasavan for the additional design services including a contingency of $74,534.
Councilmember Reimers said she wanted to make it very clear that she wants the health
and safety of the community as well. Since this is a schematic design she is concerned
about the look of it and for that reason she will be voting no.
Councilmember Richards said he would make the same comment. He will vote no on this
because he won’t spend any more of the taxpayers’ money on this project because he
doesn’t believe in it. However, that has no bearing on his feelings for the health and safety of
this community. Those are two completely different things.
Mayor Dallas said he would be supporting this project because he believes Council did vote
on Option 5 a few months back. He reiterated that Council is not voting on the design
tonight. He wants junior boards and commissions to have the opportunity to make design
changes before it comes back to Council.
Action: AYES: Hardy, Theis, Dallas
NOES: Richards, Reimers
At this point in the meeting, Mayor Dallas moved to Item 15.
April 3, 2018
Attachment 6
Item 12: Consideration of an Encroachment Permit (EN 17-153) application to maintain an

existing fence with stone columns and other associated encroachments in the City
right-of-way at the front of a property located on Torres Street, three northwest of
First Avenue, in the Single-Family Residential (R-1) Zoning District.
This item was taken out of agenda order, before Item 11.
MAYOR DALLAS OPENED THE PUBLIC HEARING AT 5:01 p.m.
Senior Planner Marnie Waffle presented the staff report.
Appellant Nancy Ann Budden addressed the Council. She is a Sediment Geologist
and thinks about this issue often. She said the slope is such that the whole
neighborhood has evolved over the last forty years, and is the reason why these
retaining walls have evolved. These allow the plants to take root and stabilize the
soil.
Barbara Livingston spoke.
MAYOR DALLAS CLOSED THE PUBLIC HEARING AT 5:37 P.M.
City Administrator Rerig addressed Ms. Livingston’s question. He said many of
these retaining walls were done with encroachment permits over a period of time. A
mechanism now in place, after a suggestion by Councilmember Hardy, is to send
out Welcome Letters to all new property owners reminding them that properties
may not be rented out on a short-term basis (less than 30 days), and that if there
are encroachments in the Right of Way, they require approval by the City or
removal by the new property owner. The City also reviews properties for
encroachments upon change of ownership or design reviews.
Councilmember Richards moved, and Councilmember Reimers seconded, that
Council approve the encroachment as requested by the property owner.
AYES: Richards, Reimers
NOES: Hardy, Theis, Dallas
After discussion, Councilmember Reimers moved, and Mayor Dallas seconded,
that the Council deny the application with the exception of the retaining wall to the
south, which would be maintained or adjusted to the slope.
Mayor pro tem Theis asked for clarification of the motion, and Councilmember
Reimers said that staff could assist the Applicant with the retaining wall o the south.
City Administrator Rerig read back Councilmember Reimers’ motion to deny the
encroachment with the exception of the retaining wall to the south and allow it to be
maintained or adjusted to maintain the adjacent slope to the north.
Councilmember Reimers removed her motion due to the changes
Mayor pro tem Theis said the goal is to bring this property into compliance based on
our current building codes.
April 3, 2018
Attachment 6
Councilmember Hardy moved, seconded by Councilmember Reimers, to deny the

encroachment permit application for the hardscape of the walkway, the fence and
the pillars, allow the brick retaining wall, but have it cut back to some degree with
approval of staff, and have the Applicant work with staff to groom the corner.
Action: AYES: Theis, Hardy, Reimers, Dallas
NOES: Richards
The City Council took a five-minute break at 6:10 p.m. and then moved to Item 13?
Item 13: CalPERS Pension Update
City Administrator Rerig made some introductory remarks, and said the goal tonight
was to lay out the challenge and to lay out the plans to meet those challenges. He
also thanked the residents and staff for contributing to the solutions so far. He said
the City is in much better shape than other cities because it never went to an
enhanced benefits package. Other agencies have a more robust retirement
package.
Assistant City Administrator Maxine Gullo presented the staff report.
City Administrator Rerig answered questions from councilmembers Jeff Baron
spoke.
Assistant Administrator Gullo and City Administrator Rerig responded.
Council discussed the item.
Having concluded this item, the council then moved to Future Agenda Items.
Item 14: Receive an Update from Civitas on the Feasibility of Forming a Carmel Restaurant
Business Improvement District; Adopt Resolution 2018-40-1 Authorizing the City
Administrator to Execute an Agreement with Civitas for Technical Assistance
Regarding the Formation of the Carmel Restaurant Business Improvement District in
an Amount not to Exceed $30,000 and Adopt Resolution 2018-40-2 Authorizing a
Supplemental Appropriation of $40,000 to the Fiscal Year 2017-2018 Adopted
Budget
Budget and Contracts Manager Sharon Friedrichsen presented the staff report.
Nichole Farley, Civitas, also presented on the specifics of the RBID.
Council asked questions.
Amy Herzog, Visit Carmel, said her board voted in January to approve $13,000 for
this initiative.
Ken Spielfogel, Monterey County Hospitality Association, said his group would be
ready to make their first payment by the end of April, 2018. Their commitment would
be the same as Visit Carmel’s.
Barbara Livingston spoke.

April 3, 2018
Attachment 6
Mayor pro tem Theis moved, seconded by Councilmember Richards, that the City
Council adopt resolution 2018-40-1 Authorizing the City Administrator to Execute an
Agreement with Civitas for Technical Assistance Regarding the Formation of the
Carmel Restaurant Improvement District in an Amount not to Exceed $30,000, which
would reflect a $13,000 commitment from Visit Carmel and a $13,000 commitment
from the restaurants, and the restaurants need to have their commitment to these
funds by April 30th in order for this to go forward, and Adopt Resolution 2018-40-2
Authorizing a Supplemental Appropriation of $40,000 to the Fiscal Year 2017-2018
Adopted Budget.
Action: AYES: Richards, Hardy, Reimers, Theis, Dallas
NOES:
Council then took up Item 15?
PUBLIC HEARINGS
Item 15: City Council Review of a Denial of Use Permit #18-040 (Mad Dogs & Englishmen)
Jennifer Blevins, Business Owner southwest corner of Ocean and Mission
Mayor Dallas opened the Public Hearing at 7:42 p.m.
Councilmember Reimers recused herself due to proximity and left the dais at 7:40
p.m.
Senior Planner Marnie Waffle presented the staff report.
Jennifer Blevins and Martin Watson, Applicants, made their report.
Council asked questions.
Mike Brown Jeff Baron, and John Plastini spoke.
Mayor Dallas closed the Public Hearing at 7:58 p.m.
, Assistant City Attorney Giffen answered questions and Council discussed the item.
Councilmember Hardy moved, seconded by Mayor pro tem Theis, that the Council
approve the application with the added condition that guided group tours of any size
are prohibited, and add that language into the authorization on page 460.
The Applicant asked that the language be amended to “guided group tour,” and
Councilmember Hardy and Mayor pro tem Theis agreed.
Action: AYES: Richards, Hardy, Theis, Dallas
NOES:
ABSENT: Reimers
The City Council then took up Item 14.
April 3, 2018
Attachment 6
FUTURE AGENDA ITEMS

City Administrator Rerig said the CIP will be coming back on May 1st, and a workshop
is planned on May 15th in anticipation of budget adoption on June 5, 2018.
Mayor Dallas adjourned the meeting at 9:44 p.m.
ADJOURNMENT
APPROVED: ATTEST:
________________________________ _________________________________
City Clerk

Corrected Minutes 05-01-18

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CITY OF CARMEL-BY-THE-SEA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Tom Graves, MMC - City Clerk

APPROVED BY: Chip Rerig, City Administrator

PRIOR CITY COUNCIL ACTION:

Attachment #1 - Corrected Minutes - 030218

CITY COUNCIL SPECIAL MEETING - CLOSED SESSION

CALL TO ORDER AND ROLL CALL

Present: Mayor pro tem Theis, Councilmembers Reimers and Hardy

PUBLIC APPEARANCES None

This item was continued to the March 5, 2018 meeting.

A. Monterey-Salinas Transit Presentation

Present: Councilmembers Hardy, Reimers, Mayor pro tem Theis

Absent: Councilmember Richards, Mayor Dallas

This item was continued to a Closed Session on March 6, 2018.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Item B: Councilmember Announcements

SPEAKING FROM THE FLOOR IN SUPPORT

Item 14: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

CITY COUNCIL SPECIAL MEETING - CLOSED SESSION

CALL TO ORDER AND ROLL CALL

Present: Mayor pro tem Theis, Councilmembers Reimers and Hardy

A. Report by City Attorney Regarding the Investigation Pertaining to

ADJOURNMENT at 11:41 a.m.

CITY COUNCIL SPECIAL MEETING

Present: Councilmembers B. Richards, J. Reimers, C. Hardy, Mayor pro tem Theis,

SPEAKING FROM THE FLOOR:

FUTURE AGENDA ITEMS

CALL TO ORDER AND ROLL CALL

Bob Harary, Director, Public Works

Action: AYES: Hardy, Theis, Reimers,

Item 1: Monthly Reports for February:

Item 12: Consideration of an Encroachment Permit (EN 17-153) application to maintain an

Councilmember Hardy moved, seconded by Councilmember Reimers, to deny the

Barbara Livingston spoke.

FUTURE AGENDA ITEMS

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