CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

August 6, 2018
CONSENT AGENDA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Tom Graves, MMC - City Clerk

APPROVED BY: Chip Rerig, City Administrator

APPROVING THE MINUTES OF THE JULY 2, 2018 SPECIAL CITY COUNCIL

MEETING AND THE MINUTES OF THE JULY 3, 2018 REGULAR CITY COUNCIL
SUBJECT:
MEETING.

RECOMMENDATION:
That the City Council approve these minutes.

BACKGROUND/SUMMARY:
Regular and routine approvals.
FISCAL IMPACT:
None
PRIOR CITY COUNCIL ACTION:
Monthly.

ATTACHMENTS:

Attachment #1 - Minutes of the July 2, 2018 Special Meeting

Attachment #2 - Minutes of July 3, 2018 Regular Meeting
 Attachment 1

CITY COUNCIL SPECIAL MEETING

Monday, July 2, 2018
1:30 P.M.
TOUR OF INSPECTION
Item A: Tour of Inspection - Police Department, Junipero Avenue & Fourth Avenue

2:30 P.M.
CALL TO ORDER AND ROLL CALL – 2:31 p.m.

Mayor Dallas called the meeting to order at 2:31 p.m.

Present: Councilmembers Richards, Reimers, Theis, Dallas.

City Administrator Rerig, City Clerk Grave

Absent: Councilmember Hardy (Arrived at 2:32 p.m.)

Mayor Dallas adjourned the meeting to the Conference Room for Closed Session at 2:33 p.m.
CLOSED SESSION
Item A: PUBLIC EMPLOYEE EVALUATION (G.C. § 54957) City Administrator

Item B: PUBLIC EMPLOYEE EVALUATION (G.C. § 54957) City Attorney

Item C: SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(B): (1

CASE)

Item D: 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 E: 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

Item F: 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
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Meeting Minutes
July 2, 2018
Page 2 of 5
CLOSED SESSION (Cont’d.)

Item G: 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

OPEN SESSION -- 4:30 P.M. in Council Chambers

CALL TO ORDER AND ROLL CALL
=

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

City Administrator Rerig, Ass’t. City Administrator Gullo, Public Works Director
Harary, Finance Manager Scattini, Public Services Director Tomasi,
Community Planning and Building Director Wiener, Library and Community
Activities Director Wright, City Clerk Graves

PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS

Item A: Closed Session Oral Report

The City Attorney recapped the items taken up by the City Council in closed session, and
reported that the Council took no actions.

Item B: City Attorney Announcements - None

Item C: Councilmember Announcements - None

Item D: City Administrator Announcements

The City Administrator said that the City earned about $20,000 for filming in the City for
HBO’s “Big Little Lies” and he commended Community Activities Assistant Margie Perotti
for her work supporting the City.

PUBLIC APPEARANCES

Ron Moore

CONSENT AGENDA

Councilmember Hardy pulled Item 9.

Mayor Dallas pulled Item 10.
City Administrator Rerig pulled Item 11.
 Attachment
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Meeting Minutes
July 2, 2018
Page 3 of 5

Councilmember Hardy moved, seconded by Mayor pro tem Theis, to approve the remaining
items on the Consent Agenda.

Action: AYES: RICHARDS, HARDY, THEIS, REIMERS, DALLAS

NOES None
Item 1: Monthly Reports for May:
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: May 2018 Check Register Summary
Item 3: Minutes of June 4, 2018, June 5, 2018, and June 12, 2018 City Council Meetings
Item 4: Resolution No. 2018-059, Calling the Election for November 6, 2018.
Item 5: Resolution No. 2018-060, requesting the Board of Supervisors of the County of
Monterey to Consolidate a General Municipal Election to be held on November 6, 2018,
with the statewide general election to be held on the same date pursuant to § 10403 of
the Elections Code.
Item 6: Resolution No. 2018-061, Providing For A Procedure For Determining By Lot A Tie
Among Candidates In Accordance With Government Code Section 15651.
Item 7: Resolution No. 2018-063, authorizing two (2) free use days of the Sunset Center Theater
to the Carmel Unified School District on March 7, 2019 and March 26, 2019.
Item 8: Resolution No. 2018-064, granting the Carmel Youth Center a Sunset Center Free
Theater Day on Sunday, September 9, 2018.
Item 9: Resolution No. 2018-065, Authorizing the Placement of a Plaque in The Park Branch
Lobby in Recognition of the Contribution Made by the CPLF and The Rotary Club to the
City and the Community to Fund and Support the Park Branch Lobby Renovation Project.
Councilmember Hardy queried Director Wright about the use of logos on the plaque.
Director Wright assured her the plaque would conform to current policy.
Councilmember Hardy moved, seconded by Councilmember Reimers, to approve the
item.

Action: AYES: RICHARDS, HARDY, THEIS, REIMERS, DALLAS

NOES: None

Item 10: Resolution 2018-066, Authorizing the City Administrator to Execute Amendment No. 1
to the Professional Services Agreement with Neill Engineers Corp. for Additional
 Attachment
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Meeting Minutes
July 2, 2018
Page 4 of 5
Engineering Services Required for Fiscal Year 2017/18 and 2018/19 Capital Projects for
a Fee Increase not to Exceed $186,000.
Mayor Dallas said he was disappointed not to see a representative from Neill Engineers
in the audience because he wants to hear how the unexpected overage occurred.
Public Works Director Harary explained that all of the overages have been accounted
for in discussions with Neill.
Councilmember Reimers took the opportunity to compliment the Public Works staff for
their recent work.
Mayor pro tem Theis inquired about the scope of new work and if present staff has the
time to do the work. Director Harary assured her the Project Managers are able and
willing to take on the additional work.
Mayor pro tem Theis moved, seconded by Councilmember Hardy, that the Council
adopt resolution 2018-066, with the exception of those amounts of money that were
charged by Neill Engineers for work they did on the Police Department building.
Action: AYES: RICHARDS, HARDY, THEIS, REIMERS, DALLAS
NOES: None
Councilmember Reimers and Mayor Dallas recused themselves from the next vote,
which will be on the Police Department Renovation, and left the dais.
Councilmember Hardy moved, seconded by Councilmember Richards, to approve the
expenditures for a portion of the on-call services that had to do with the Police Department
renovation.
Action: AYES: RICHARDS, HARDY, THEIS,
NOES: None
ABSENT/
RECUSED: REIMERS, DALLAS
Councilmember Reimers and Mayor Dallas returned to the dais at 5:25 p.m.
Item 11: Resolution No. 2018-067, authorizing the City Administrator to execute Amendment No. 1
to a Professional Services Agreement with Peninsula Messenger Service for a new
contract term to end December 31, 2018 and an increase in the contract of $60,900 in
FY 18-19 budgeted funds for a new not-to-exceed amount of $203,025.
City Administrator Rerig said he pulled the item to increase the amount of the agreement
by $30, 450. He said the $60,900 reflected in the agenda report is for the entire budgeted
amount, and the City is only looking for half of that amount to go through the end of the
calendar year.
Mayor pro tem Theis moved, seconded by Councilmember Reimers, to authorizing the
City Administrator to execute Amendment No. 1 to a Professional Services Agreement
with Peninsula Messenger Service for a new contract term to end December 31, 2018
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Meeting Minutes
July 2, 2018
Page 5 of 5
and an increase in the contract of $30,450 in FY 18-19 budgeted funds for a new not-to-
exceed amount of $172,575.
Action: AYES: RICHARDS, HARDY, THEIS, REIMERS, DALLAS
NOES: None

Item 12: Resolution No. 2018-068, Authorizing the City Administrator to Execute a Professional
Services Agreement with Chavan & Associates, LLP, for Auditing Services in an Amount
Not-to-Exceed $96,000 for the First Three (3) Year Period and an Amount Not-to-Exceed
$96,000 for the Optional Second Three (3) Year Period

Item 13: Resolution No. 2018-069, Accepting a donation of two electric bicycles from BMW of
Monterey to the Police Department.

Item 14: Resolution 2018 – 070, Authorizing the City Administrator to execute a Professional Services
Agreement with Surveillance Grid Integration, Inc. for the Security Pole Cameras Project for a
not-to-exceed fee, including contingency, of $110,000.

FUTURE AGENDA ITEMS

ADJOURNMENT

APPROVED: ATTEST:

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

REGULAR MEETING
Tuesday, July 3, 2018
OPEN SESSION
4:30 PM
OPEN SESSION
CALL TO ORDER AND ROLL CALL
Present: Councilmembers Richards, Hardy, Theis, Reimers, Mayor Dallas
City Administrator Rerig, Ass’t. City Administrator Gulllo, City Attorney
Mozingo, Public Safety Director Tomasi, Community Planning & Building
Director Wiener, Public Works Director Harary, Fire Chief Gaudenz.
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS
Councilmember Reimers represented the City on June 18-20, 2018 at the Association of
Defense Communities National Summit in Washington, D.C. She learned that Fort Ord
Reuse Authority Executive Director Michael Houlimard is well respected in the defense
community, and that Fort Ord has been a successful project, although there is still
more to do. In addition, on June 27 & 28, 2018, she attended the League of
California Cities conference in Monterey. The session on California Pensions was
outstanding. Further, the Monterey Defense Alliance Breakfast on Ocean Security
was just eye opening, and it was good to see Congressman Panetta there.
Councilmember Richards attended the Finance Workshop at the League conference.
Mayor pro tem Theis said she is looking forward to the July 4 celebration.
Mayor Dallas just returned from a vacation with his daughter, and said Puerto Rico was so
educational for her. Unfortunately, it still looks like a war zone with miles of homes destroyed.
He also said that on June 11 from 6:00 to 7:00 p.m. he would host a question and answer
session at the Carmel Youth Center.
City Administrator Rerig reminded citizens that July 4 Celebration is a no dogs/no alcohol
event.
PUBLIC APPEARANCES
Hilary Duda Gina Armstrong
Ellen Gannon Barbara Livingston
Toby Rowland-Jones Karen Ferlito
Jeff Baron
 Attachment 2

ORDERS OF BUSINESS

Item 1: Review of Forest and Beach and Planning Commissions' Recommendations regarding
the design of the Police Building Renovation and Expansion Project and Provide
Direction.

City Attorney Mozingo explained that some issues have arisen pertaining to the distance
of the Police Department property to Mayor Dallas’ home. While staff is evaluating this
issue, Item 1 will be continued to the August 7, 2018 Regular meeting.

Item 2: Consideration of an Encroachment Permit application (EN 18-065) for a restaurant trash
enclosure located in a portion of the City-owned Piccadilly Park. The project is located
on Dolores Street, 4 northwest of Seventh Avenue. The project applicant is David Fink
and property owner is Neil Goodhue.

Councilmember Reimers recused herself due to proximity and left the dais.

City Administrator Rerig said the July 2, 2018 letter from the Attorney for the Applicant
deeply offended him,because he is protective of City staff. He said he felt the amount of
negativity and blame directed at Director Wiener and his staff were unconscionable.

Director Wiener presented the staff report.

Jeff Gillis presented the Applicant’s position, and asked the Council to grant Mr. Fink’s
request.

David Fink said he has spent $46,000 so far on something that was approved in 2006. He
said that a food waste bin has been added to trash requirements since 2006, which makes
it imperative that the trash enclosure be 8’ X 5’.

SPEAKING FROM THE FLOOR IN SUPPORT OF THE APPLICANT:

Aaron Rayor
Jeff Baron
Ben Beesley
Bashar Sneeh
Rich Pepe
John Gillis
 Attachment 2

City Attorney Mozingo said he has read the July 2, 2018 letter from Mr. Miller, and said
the encroachment was not included in the permit issued in 2006. In fact, there was
never an encroachment for this permit. Mr. Mozingo listed the salient points of the
case from 2006 to the present.
Councilmember Richards said he wanted to find a way to accommodate the need for
four cans and a tallow container, but does not want anything else stored there.
Mayor pro tem Theis compared space needs for cans in 2006 and now. The cans
now are larger, and one additional can has been added for organics. What is
proposed is not too large, but there is a concern that the fire door may not open all the
way, and she would not want to see any other things stored in there except for trash
containers.
Mayor Dallas said the only problem with the current plans is that the door is not going
to be able to swing wide open. The only reason the mayor said he is willing to consider
this is to have the restrooms in perpetuity and receive sewer and water. It makes the
trade easier to do.
Councilmember Hardy said the City has bent over backwards trying to accommodate
Mr. Fink. She said she is willing to make the enclosure a bit bigger than 8’ X 3’, but it
must have a roof and must be lower than eight feet.
In answer to a question from the City Attorney, Mr. Jeff Giles said that if a compromise
were reached on this matter, the lawsuit would be withdrawn.
Mayor Dallas asked both Mr. Gilles and Mr. Fink if the Conditions of Approval were
clear to them and if they would abide by them. Both indicated that they would do so.
Mayor Dallas moved, seconded by Councilmember Richards, to approve an
enclosure that is 7 feet by 8 feet extending from the bathroom wall 4 feet from the pillar
at which point it moves east. The roof should be not more than 7 feet high at the
highest point sloping downward to about 6 feet, covered with shake, so no trash or
boxes can be piled on top. Further, the motion includes that the lawsuit shall be
dismissed with prejudice. Mr. Fink or his representative will bring back drawings to
Planning within seven days, and building shall be completed by August 2 when the
Final Inspection will have taken place. There will be a Plan Check fee.
Mr. Fink assured the Council that he is ready to go. Mr. Gilles said he is comfortable
with the Conditions of Approval.
Action: AYES: RICHARDS, HARDY, THEIS, REIMERS, DALLAS
NOES: None

Mayor Dallas called a five-minute break at 5:38 p.m.

Council reconvened at 5:46 p.m.
 Attachment 2

PUBLIC HEARINGS
Item 3: First Reading of Ordinance No. 2018-002, Adopting Chapter 18.04 of the Municipal
Code
Mayor Dallas opened the Public hearing at 5:50 p.m.
Mayor Dallas closed the public hearing at 5:50 p.m.
Mayor Dallas commended Mr. Mozingo and his staff for their work on this ordinance,
as did Councilmember Hardy, who said it represented months of work.
Councilmember Hardy moved, seconded by Councilmember Theis, to adopt Chapter
18.04 of the Municipal Code on a First Reading.
Action: AYES: RICHARDS, HARDY, THEIS, REIMERS, DALLAS
NOES: None
Item 4: Resolution 2018 - 052, Upholding a Forest & Beach Commission Decision to Levy
an Assessment in the amount of $21,700 for the Unauthorized Removal of One
Monterey Pine Tree by the California American Water Company.
Councilmember Hardy and Mayor Dallas recused themselves due to proximity.
City Administrator Rerig said the Forest and Beach Commission is always diligent in
their work, and the Council did not want to be disrespectful by not bringing their
recommendation forward to this meeting. But having said that, the City has no
problem with Cal AM’s offer to plant trees at the Forest Theater to replace the tree
that was at the heart of this issue from the beginning.
SPEAKING FROM THE FLOOR
Mara Miller
Noni Miller
Barbara Livingston
Councilmember Reimers made a motion, seconded by Councilmember Theis, to
accept as an alternative the donation and planting of three cypress and one
Monterey pine, an irrigation system and a five-year agreement to maintain the trees
at the Forest Theater.
Action: AYES: RICHARDS, THEIS, REIMERS
NOES: NONE
ABSENT: NONE
RECUSED: HARDY, DALLAS
 Attachment 2

Item 5: Consideration of a Coastal Development Permit (CDP 18-231) application to review

and extend the Beach Fire Management Pilot Program.

Director Wiener presented the staff report with the recommendation that the program
be extended through November 30, 2020.

SPEAKING FROM THE FLOOR

Wayne Moon Denise Otterson

Christine Hollenbeck Missy Jensen
Mrs. Andre Kathy Bang
Dick Andre Barbara Livingstone
Lynn Ross Regina Armstrong

Councilmember Reimers thanked those who provided the smokeless units. She
said she is not in favor of the status quo for two more years, and that it should
probably go to propane only for a year, and then a year with no fires at all. But
she reiterated she would not support the status quo for another two years.

Councilmember Richards wants to support this program, but he, too, wants to
see propane-only next year.

Councilmember Hardy said 11th Avenue is called the smoke ghetto. Perhaps
that’s because of the placement of the air monitors? Also, it seems that when
people report smoke in their houses, it’s probably the smell of the smoke, but not
necessarily smoke itself. She further stated she is bothered by the amount of
money it costs to police the area, but knows it’s necessary.

Mayor Dallas said that from where the City has come from in the last two years,
the progress has been great. He said personally, he likes the Pilot Program.

Mayor pro tem Theis moved, seconded by Mayor Dallas, to approve the
Coastal Development Application to extend the Pilot Program through November
30, 2020 with additional monitors, and to go to the Forest and Beach
Commission in January and then come back to Council with a recommendation
looking at othjer options at that time.

Action: AYES: RICHARDS, THEIS, REIMERS, HARDY, DALLAS

NOES: NONE
 Attachment 2

FUTURE AGENDA ITEMS

ADJOURNMENT 8:46 p.m.

APPROVED: ATTEST:

Steve G. Dallas, Mayor Thomas A. Graves, MMC

City Clerk