CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

July 2, 2018
CONSENT AGENDA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Tom Graves, MMC - City Clerk

APPROVED BY: Chip Rerig, City Administrator

Minutes of June 4, 2018, June 5, 2018, and June 12, 2018 City Council Meetings
SUBJECT:

RECOMMENDATION:
Approve the Minutes.

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment #1 - Minutes of June 4, 2018

Attachment #2 - Minutes of June 5, 2018
Attachment #3 - Minutes of June 12, 2018
 Attachment 1
City Council Meeting Minutes
June 4, 2018

CITY COUNCIL SPECIAL MEETING - CLOSED SESSION

Monday, June 4, 2018

OPEN SESSION
2:00 PM
CALL TO ORDER AND ROLL CALL

Councilmembers Richards, Hardy, Reimers, Theis, Mayor Dallas, City Administrator

Rerig, City Attorney Mozingo, Deputy City Attorney Rose, and City Clerk Graves.
ANNOUNCEMENTS - None
PUBLIC APPEARANCES - None
CLOSED SESSION
2:05 PM
Item A: Public Employee Performance Evaluation (Government Code § 54957) City
Administrator

Item B: Public Employee Performance Evaluation (Government Code § 54957) City Attorney

Item C: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Alfred Johnson v. City of Carmel and Does 1 through Doe 20, inclusive,
Respondents/Defendants: Monterey County Superior Court Case No.17CV003800
Item D: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea,
CA Monterey Superior Court Case No. 16CV003820

Item E: CONFERENCE WITH LEGAL COUNSEL - EXISTING OR ANTICIPATED

LITIGATION
(Facts and Circumstances)
One (1) Anticipated case
Significant exposure to litigation pursuant to subdivision (b) of
Government Code Section 54956.9(d)(2): 1 case

Item F: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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
 Attachment 1
Item G: Public Employee Discipline/Dismissal Release § 54957

This item was pulled from the agenda by City Attorney Mozingo.

FUTURE AGENDA ITEMS

ADJOURNMENT

APPROVED: ATTEST:

________________________________ _________________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
 Attachment 2

REGULAR MEETING
Tuesday, June 5, 2018
TOUR OF INSPECTION -- AT 4:00 PM
Item A: Rezai Encroachment (EN 18-044)

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

Mayor Dallas called the meeting to order at 4:03 p.m.

Present: Councilmembers Richards, Hardy, Reimers, Theis, Dallas

City Administrator Rerig, Ass’t. City Administrator Gullo, IT
Systems/Network Manager Staker, Finance Manager Scattini, Fire
Chief Panholzer, Director Planning & Building Wiener, Public Safety
Officer Tomasi, Public Works Director Harary, Library and
Community Services Director Wright, City Clerk Graves
OPEN SESSION
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
PUBLIC APPEARANCES

Barbara Livingston made an announcement about Matt Ridder coming on June 15th to give an
talk, and then to conduct nature walks on June 16th at 10:00 a.m. and 1:00 p.m.

Georgina Armstrong about the California Coastal Conservancy, and left grant
application materials with the City Clerk. They also have a grant opportunity for Urban
Greening, which she said she would also pass to the City Clerk.

Robin Winfield spoke about the Carl Cherry Center for the Arts Summer Fundraiser
June 23 from 4-7 PM. The Board has worked hard to make improvements to the facility,
and tickets can be purchased for $45 from Brown Paper Tickets.
 Attachment 2

Cheri McCarty spoke about the proliferation of short-term rentals. She has lived in her
house for forty years, and the problem is so much more difficult than it ever was.

Janie Moore came to express her thanks to the mayor, councilmembers and staff for
helping with the drainage project. She gave special thanks to Bob Harary, Rob Culver
and Barbara Livingston.

Denise Otterson asked the council to consider a leash law.

Irene Long thanked the staff for all of the work on the budget. She suggested that some
sort of compromise might be good as long as the TOT was paid to the City. Mr.
Mozingo explained the City’s response to short-term rentals.

ANNOUNCEMENTS
Item A: Closed Session Oral Report

Mayor pro tem Theis said the council is conducting a twelve-month review of the City
Attorney. Because of libelous and slanderous comments about Mr. Mozingo, he
recently made documentation about his resume available to the council. After
conducting a review of the items provided, Ms. Theis said that the council could
assure residents that every aspect of the documentation in Mr. Mozingo’s resume
was proven. All councilmembers confirmed aloud their agreement with Ms. Theis’s
statement.
Item B:
City Attorney Announcements

On June 4 the council had a closed session. Items discussed were:

Alfred Johnson v. City of Carmel and Does 1 through Doe 20, inclusive.

Chilone Payton vs. City of carmel-by-the-Sea.

Yolanda Macias v. City of Carmel-by-the-Sea

Councilmembers were updated on all items, and no action was taken.

Item C:
Councilmember Announcements

Mayor pro tem Theis said that two strategic planning sessions were done last week,
and she thanked the city council and senior staff for their participation. A plan will be
shared with the public soon.

Councilmember Richards also thanked the public who came for that meeting.
 Attachment 2

Councilmember Reimers thanked Public Safety Director Tomasi for his cooperation
in her ride-along. She also read a statement on her activities with the Fort Ord Reuse
Authority.

Councilmember Hardy announced a Monterey-Salinas Transit board meeting June

11, 2018. She also said she is going to the new maintenance facility for a ribbon
cutting.

Mayor Dallas spoke about the River School, and what a rewarding experience that
has been for him.

Item D: City Administrator Announcements

Mr. Rerig thanked the staff for the exceptional audit recently conducted.

CONSENT AGENDA

Item 1: Monthly Reports for April:

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: April 2018 Check Register Summary

Item 3: Draft Minutes -

1.) May 1, 2018 City Council Regular Meeting and;
2.) May 15, 2018 City Council Special Meeting Budget Study Session

Item 4: Authorizing the County of Monterey to Execute All Documents Necessary to

Continue to
Implement the Annual Used Oil Payment Program on Behalf of the City During Fiscal
Year 2018/19.

Item 5: Resolution 2018 - 051, Approving the Rates Charged by GreenWaste Recovery for
the
Collection of Solid Waste, Recycling and Organics.

Item 6: Resolution No. 2018-053, Appointing Darlene Mosley to Fill an Unexpired Term on
the
 Attachment 2

Forest & Beach Commission.

Item 7: Resolution 2018-054, Accepting the Independent Auditors' Report and Audited
Financial
Statements for the Fiscal Year Ending June 30, 2017.

Item 9: Resolution No. 2018-056, authorizing the City Administrator to execute a

professional
services agreement with Fasulo Investigations for a total not to exceed amount of
$22,000.

Item 10: Resolution 2018-057, Authorizing the City Administrator to Establish and Adopt the
Job
Descriptions and Salary Ranges for Administrative Technician (At-Will) and
Administrative Analyst (At-Will)

ACTION: Councilmember Reimers moved, seconded by Mayor pro tem Theis, to

APPROVE the Consent Agenda, with the exception of Item 8.

AYE: RICHARDS, HARDY, REIMERS, THEIS, DALLAS

NAY: None

Item 8: Resolution No. 2018-055, Approving the Current Pay Rates and Ranges (Salary
Schedule) for the City of Carmel-by-the-Sea General Employees Union – An
Affiliate of
the Laborers’ International Union of North America, United Public Employees of
California, LIUNA/UPEC, Local 792, AFL-CIO; and the City of Carmel-By-The-Sea
Management Employees Union - an Affiliate of the Laborers’ International Union of
North
America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-
CIO Classifications as of July 1, 2018.

ACTION: Councilmember Hardy moved, seconded by Councilmember Reimers to approve

Item 8, changing the date in two places on the Resolution from July 11, 2018 to
June 5, 2018.

AYE: RICHARDS, HARDY, REIMERS, THEIS, DALLAS

NAY: None

ORDERS OF BUSINESS
 Attachment 2

Item 11: Consideration of an Encroachment Permit (EN 18-044) application for driveway
retaining walls and associated excavation in the City right-of-way at the northeast
corner of Forest Road and 8th Avenue, in the Single-Family Residential (R-1) Zoning
District.

Councilmember Hardy recused herself due to proximity. She stated she did not tour
the property, either.

Director Wiener presented the staff report, with the recommendation that the permit
be denied.

Designer Mandurrago spoke briefly about the application.

Barbara Livingston spoke, saying there are stairs in about 30% of homes in Carmel.
She further stated that Director Wiener’s recommendation was very, very compelling
to the Carmel residents’ Association.

Mayor pro tem Theis said she leaned toward the Staff recommendation, as did
Councilmembers Reimers and Richards. Mayor Dallas also said he would support
the recommendation.

ACTION: Mayor pro tem Theis moved, seconded by Councilmember Richards, to

uphold the staff recommendation and DENY the Encroachment permit.

AYE: RICHARDS, REIMERS, THEIS, DALLAS

NAY: None
ABSENT: HARDY

PUBLIC HEARINGS

Councilmember Hardy returned to the dais.

Item 12: Resolution No. 2018-048, Adopting the FY 2018-19 Appropriation Limit.

ACTION: Mayor pro tem Theis moved, seconded by Councilmember Hardy, to

uphold the staff recommendation and DENY the Encroachment permit.

AYE: RICHARDS, HARDY, REIMERS, THEIS, DALLAS

NAY: None
 Attachment 2

Item 13: Resolution No. 2018-058, Adopting the Fiscal Year 2018-19 Operating Budget and
Capital Improvement Plan

Mr. Rerig and Ms. Friederichsen made the staff report. Fire Chief Panholzer also
presented his staff report, joining in a lively discussion with Councilmember Hardy
about his budget assumptions and refinements over the previous budget.

SPEAKING FROM THE FLOOR:

Barbara Livingston
Jeff Baron
Georgina Armstrong
Dave Mosley
Maria Sutherland
Amy Herzog
Amish Patel
Gene Hughes
Sue McCloud

Mr. Rerig committed to Councilmember Reimers and the others that after the
books are closed the finance team will look at restricted funds or some other kind of
instrument to set aside funds for CalPERS.

ACTION: Councilmember Hardy moved, seconded by Councilmember Reimers, to adopt

the FY 2018-19 budget and the Capital Improvement Plan.

AYE: RICHARDS, HARDY, REIMERS, THEIS, DALLAS

NAY: None

FUTURE AGENDA ITEMS - None

ADJOURNMENT Mayor Dallas adjourned the meeting at 8:38 p.m.

APPROVED: ATTEST:

________________________________ _________________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
 Attachment 3

REGULAR MEETING
Tuesday, June 12, 2018

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

Mayor Dallas called the meeting to order at 4:03 p.m.

Present: Councilmembers Richards, Hardy, Reimers, Theis, Mayor Dallas.

City Administrator Rerig, Ass’t. City Administrator Gullo, City Attorney Mozingo, Deputy
City Attorney Rose, Deputy City Attorney Giffen, Public Safety Officer Tomasi, City Clerk
Graves.

Item 1: Resolution No. 2018 - 062, Authorizing an Additional Extension of the Approved
Retroactive Extension to the Paramedic Service Provider Agreement Between the
County of Monterey and the City of Carmel-By-The-Sea.

ACTION: Councilmember Hardy moved, seconded by Mayor pro tem Theis, to

APPROVE the extension of the Paramedic Service Provider Agreement.

AYES: Richards, Hardy, Reimers, Theis, Dallas.

Nays: None

CLOSED SESSION Immediately Following the Consent Item

2. Public Employee Performance Evaluation (§ 54957) Title: City Attorney

3. Public Employee Performance Evaluation (§ 54957) Title: City Administrator

FUTURE AGENDA ITEMS - None

AD ADJOURNMENT Mayor Dallas adjourned the meeting at 6:40 p.m

APPROVED: ATTEST:

________________________________ _________________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk