Minutes 02-06-18

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
February 6, 2018
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Ashlee Wright, Library and Community Activities Director
APPROVED BY: Chip Rerig, City Administrator
Approve the Minutes of October 2, 2017, October 3, 2017, November 7, 2017,

SUBJECT: November 27, 2017, December 4, 2017, December 5, 2017, December 15, 2017 and
January 8, 2018 Meetings of the City Council.
RECOMMENDATION:
Approve the Minutes for the October, November, December meetings and January 8 special meeting.
BACKGROUND/SUMMARY:
The October 2, 2017 special meeting, October 3, 2017 regular meeting, November 7, 2017 regular meeting,
November 27, 2017 special meeting, December 4, 2017 special meeting, December 5, 2017 regular meeting,
December 15, 2017 special meeting, and January 8, 2017 special meeting minutes are attached for the
consideration and approval of Council.
FISCAL IMPACT:
N/A
PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:
Attachment 1 - October 2 special meeting

Attachment 2 - October 3 regular meeting
Attachment 3 - November 7 regular meeting
Attachment 4 - November 27 special meeting
Attachment 5 - December 4 special meeting
Attachment 6 - December 5 regular meeting
Attachment 7 - December 15 special meeting
Attachment 8 - January 8 special meeting
Attachment 1
City Council Meeting Minutes
October 2, 2017
MINUTES
SPECIAL MEETING
CARMEL-BY-THE-SEA
Monday, October 2, 2017
CALL TO ORDER AND ROLL CALL
Mayor Dallas called the meeting to order at 4:30 p.m.
Present: Councilmembers Hardy, Reimers, Richards, Theis and Mayor Dallas
Absent: None
Staff: Ashlee Wright, City Clerk

Chip Rerig, City Administrator
Glen Mozingo, City Attorney
CLOSED SESSION
Mayor Dallas announced the Closed Session items.
Item A: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Government Code Section 54957
Title: City Attorney - Retiring
Item B: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Title: City Attorney – Glen Mozingo
Item C: 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 D: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9: 1
Public Comment - None
Council adjourned to Closed Session at 4:32 p.m.
OPEN SESSION
Council resumed in Open Session at 5:30 p.m.

Attachment 1
Absent: None
Staff: Chip Rerig, City Administrator

Bob Harary, Public Works Director
Marc Wiener, Community Planning and Building Director
Yvette, Oblander, Administrative Assistant
Lisa Leo, Project Manager
Sharon Friedrichsen, Director of Budget and Contracts
Mike Branson, City Forester
Agnes Top, Environmental Compliance Manager
Paul Tomasi, Public Safety Director
Rob Culver, Public Works Superintendent
Matt Feisthamel, Assistant City Forester
Ashlee Wright, City Clerk
ORDERS OF BUSINESS
Item 1: Adoption of an Ordinance – Second Reading
Receive the First Annual Public Works Report and Infrastructure Report Card
City Administrator Chip Rerig introduced the Item. Bob Harary, Public Works Director provided the
presentation.
Council questions and discussion followed.
Public Comment
The following members of the public spoke on this item: Skip Lloyd, Barbara Livingston, Mary Ann Lloyd,
Joyce Stephens, Cindy Lloyd, and Al Saroyan.
---End Public Comment---
Council comments followed.
ADJOURNMENT
There being no further business Mayor Dallas adjourned the meeting at 7:05 p.m.
APPROVED: ATTEST:
________________________________ ________________________________
Steve G. Dallas, Mayor Ashlee Wright, City Clerk
Attachment 2
October 3, 2017
MINUTES
REGULAR MEETING
CARMEL-BY-THE-SEA
Tuesday, October 3, 2017
Absent: None

OPEN SESSION
PLEDGE OF ALLEGIANCE
Mary Schley of the Carmel Pine Cone led the Pledge of Allegiance.
EXTRAORDINARY BUSINESS
Mayor Dallas asked for a moment of silence for the tragedy in Las Vegas, Nevada.
Item A: Proclamation honoring Robert Reese, Executive Director of the Cherry Center
City Administrator Chip Rerig recognized and thanked Robert Reese for his contributions to the
community.
PUBLIC APPEARANCES
The following members of the public spoke during public appearances: Bob Jenkins, Paul Rodriguez,
Brian Anders, Ellen Gannon, Jenni McMurdo, Kristy Reimers, and Richard Kreitman.
---End Public Appearances
ANNOUNCEMENTS
Item A: Announcements from Closed Session
City Attorney Glen Mozingo announced that at the October 2, 2017 special meeting, the Council
discussed the following items:
Item A: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Attachment 2
Title: City Attorney - Retiring
City Attorney Glen Mozingo announced that he and former City Attorney Don Freeman had been having
discussions about the transition plan and its status. They both concurred that the transition plan was
complete, that it had been successful, and they advised the Council of that conclusion. Council accepted
that conclusion and thanked Don Freeman for his service.
Item B: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Title: City Attorney – Glen Mozingo
Mayor Pro Tem Theis provided the report out on the 3-month performance evaluation of City Attorney
Glen Mozingo. City Council took a look at the list of what he has accomplished so far, and his attention
to detail. He is putting in a great amount of time into City matters and the Council agrees that the City
Attorney is doing a great job and thanked him for his service.

Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea, CA
Monterey Superior Court Case No. 16CV003820
City Attorney Glen Mozingo announced that Council received an update on this item and that there were
no further announcements for the public.
Item D: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code
Section 54956.9: 1
City Attorney Glen Mozingo announced that Council had discussed this matter at length and that Council
understands the exposure to litigation and there was nothing further to report.
Item B: Announcements from City Council Members
Councilmember Richards announced that he attended the Sunset Center Gala and that he hopes more
people can attend next year. He also announced that he had participated in the Chamber of Commerce
business walk on Friday and he encourages residents, business owners to contact Jenni McMurdo to
participate.
Mayor Pro Tem Theis stated that the Council was wearing pink in honor of breast cancer awareness
month.
Councilmember Reimers thanked the outgoing Commissioners and incoming Commissioners for their
service, and the Mayor and Mayor Pro Tem for choosing the Commissioners. She stated that she had
attended the League of California Cities annual conference and announced the sessions that she had
attended.
Councilmember Hardy announced that she was not able to attend the League of California Cities
conference. She stated that she wanted to commend the Police Chief on the new look of the lobby in the
Police Department and that reason for her visit to the Police Department was to drop off unused
medication in the drop box, to prevent those from ending up in the landfill.
Mayor Dallas stated that he also attended the Sunset Center Gala. He stated that the 3rd Annual
Pumpkin Roll would be Saturday. He stated that he attended a lot of the same League of California
Cities sessions that Councilmember Reimers had, and also attended a session on marijuana. He
Attachment 2
thanked all of those who applied for appointment to the boards and commissions and announced that
there was still an opening on the Community Activities and Cultural Commission. He stated that he
participated in a march against Assembly Bill 649 regarding cell phone towers and he encouraged
citizens to write to the government to protest. He congratulated former Councilmember and Historic
Resources Board member Elinor Laiolo on her 90th birthday. He announced the upcoming PacRep
program Runaways Revealed.
Councilmember Richards announced the upcoming Visit Carmel meeting at Sunset Center and stated
that it was open to the public.
Item C: Announcements from City Administrator
City Administrator Chip Rerig announced that the Council had received an update on the state of the
City’s infrastructure the previous night from Public Works Director Bob Harary. He announced that it
would be available online to watch and that there were copies of the powerpoint available for the public.
He announced that the public safety officers were also wearing pink for breast cancer awareness month.
He announced that staff were still working on the agenda management system and requested patience
and staff works out the bugs. He stated that there was correspondence on the dais regarding marijuana,
and a slight amendment to a staff report proposed by Marc Wiener, Community Planning and Building
Director.
Mayor Dallas announced that Item 10, under items of orders was no longer needed for discussion, as
that Item had been resolved in Closed Session as announced by City Attorney Glen Mozingo when
reporting out on Item A.
Item D: Announcements from City Attorney
City Attorney Glen Mozingo announced that 60 days ago the City Attorney’s office announced a partial
immunity program for those who are in violation of the short-term rental ordinance, and that 30 days
remain. He stated that he has met with several members of the community who chose to contact the
office and discuss it and that three of those individuals had decided to sell their property. He stated that
the computer program that allows for the identification of those advertising short-term rentals had been
implemented. He stated that a letter would go out next week from the City Attorney’s office to violators
informing them that the City is aware of the violation and that at the end of the amnesty period there will
be no amnesty. He stated that they had also contacted the Board of Realtors to give them a presentation
with respect to their role in engaging in or encouraging short-term rentals because they also have and
exposure under the municipal code. He stated that they were seeing progress and a significant drop in
complaints from people concerned about short-term rentals being located in their neighborhood, which is
likely a result of owners not engaging in that activity. He stated that over 100 owners were engaged in
short-term rentals
CONSENT AGENDA
Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Theis,

Council moved to adopt the consent agenda as follows, with the exception of Item 5:
AYES: COUNCILMEMBERS: Dallas, Hardy, Reimers, Richards, Theis
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Item 1: Consider and approve draft minutes for the special Council meeting held August 7, 2017
and regular Council meeting held August 8, 2017. Approved, 5:0:0.
Item 2: Ratify check register summary for August 2017. Ratified, 5:0:0.
Attachment 2
Item 3: Monthly Reports: Community Planning and Building Department Reports, Fire,
Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports.
Approved, 5:0:0.
Item 4: 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. Adopted Resolution 2017-109, 5:0:0.
Item 6: Adopt a resolution authorizing a refund of $1,075.00 to James or Gail Finnegan for the
unused balance of a volume study deposit. Adopted Resolution 2017-110, 5:0:0.
Item 7: Ratification of appointments to the Harrison Memorial Library Board of Trustees, Forest
and Beach Commission, Historic Resources Board, and Planning Commission. Ratified,
5:0:0.
The following items were pulled from the Consent Agenda for further discussion.
Item 5: Consideration of a resolution authorizing the City Administrator to execute Amendment

No. 3 to a Professional Services Agreement with Viva International LLC for extended
Project Management Services with an increased not-to-exceed fee limit of $82,000.
Adopted Resolution 2017-108, 5:0:0
Councilmember Richards requested clarification on this item.
Public Comment
The following members of the public spoke on this item: Sue McCloud and Barbara Livingston.
Council discussion and questions followed.
City Administrator Chip Rerig responded to questions and provided clarifications.
Action: Upon a motion made by Councilmember Richards, seconded by Councilmember Theis,

Council moved to adopt a resolution authorizing the City Administrator to execute Amendment
No. 3 to a Professional Services Agreement with Viva International LLC for extended Project
Management Services with an increased not-to-exceed fee limit of $82,000, and to amend the contract
for a term to end January 31, 2018. Adopted Resolution 2017-108, 5:0:0

ORDERS OF BUSINESS
Item 8: Receive a report regarding tour buses.
Public Safety Director Paul Tomasi provided the staff report.
Council discussion followed.
Public Comment
The following members of the public spoke on this item: Carl Iverson, Darlene Mosley, Barbara
Livingston, Kenny Spilfogel, Mike Brown, Sue McCloud, Ben Beesley, and Samir.
Attachment 2
Public Safety Director Paul Tomasi responded to questions from the public.
Council directed staff to proceed with license plate recognition installation, review fees for tour buses
and, rely on enforcement of parking enforcement to manage tour buses.
No further action was taken on this item.
PUBLIC HEARINGS
Item 11: Consideration of an Ordinance (First Reading) amending Municipal Code Chapter 8.68
pertaining to Chlorofluorocarbon, Polystyrene and Similar Packaging Material Restrictions
Agnes Topp, Environmental Compliance Manager provided the staff report and responded to Council
questions.
Public Comment
The following members of the public on this item: Nicole, Tiffany, Shayla, Mikayla, Railey, Oliver
Johnston, Payton, Kelley, Maggie Johnston, Jeff Lindethal, Kathleen Craig, Susan Euince, Jeff Condit,
Christy Kerricoe, Alex Webber, Chris Thomas, Barbara Livingston, Barbara Miester, Soerke Peters, and
Kristy Reimers.
Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Theis,

Council moved to introduce on first reading an ordinance amending Municipal Code Chapter
8.68, pertaining to Chlorofluorocarbon, Polystyrene and Similar Packaging Material Restrictions,
with the amendment to add the word “ware” to section 8.48.042. 5:0:0
Mayor Dallas called for a five minute recess at 6:46 p.m. Council resumed at 6:51 p.m.
ORDERS
Item 9: Receive an update on the Council work program and provide direction to staff.
City Administrator Chip Rerig provided the introduction.
Sharon Friedrichsen, Director of Budget and Contracts, provided the staff report.

Attachment 2
Public Comment
The following members of the public spoke on this item: Barbara Livingston and Sue McCloud.
City Administrator Chip Rerig responded to questions from the public.
Council discussion and comments followed.
No formal action was taken on this item.
Item 10: Determination of whether continued assistance by the former City Attorney is required to
support the transition efforts of the new City Attorney.
This item was pulled from Orders and was not heard by Council. It was addressed during
Announcements from Closed Session.
PUBLIC HEARINGS
Item 12: 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 because her family owns property within 500' and stepped
down from the dais.
Marc Wiener, Community Planning and Building Director provided the staff report.
Applicants Mira Porges and Matthew Porges spoke on this item and responded to questions from
Council.
Public Comment
The following members of the public spoke on this item: John, Barbara Livingston, Jeff Baron, and
Kenny Spilfogel.
---End of Public Comment---

Action: Upon a motion made by Councilmember Hardy, seconded by Mayor Dallas, Council moved to
continue the item for 60 days and directed the applicants to return with a redesign of their floor space
and counter space, including the seat count, for approval as a full-line restaurant. 4:0:1
AYES: COUNCILMEMBERS: Dallas, Hardy, Richards, Theis
ABSTAIN: COUNCILMEMBERS: Reimers
Councilmember Reimers resumed her seat at the dais.
Item 13: Consideration of an Ordinance (First Reading) amending Municipal Code Sections 17.08
(Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory
Attachment 2
dwelling units in response to recently adopted state legislation
Public Comment
The following members of the public spoke on this item: Jeff Baron
----End Public Comment---
Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Richards,

Council moved to adopt on first reading an 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, 5:0:0
Item 14: Consideration of an Ordinance (First Reading) amending the City’s regulations
concerning the sale, use and cultivation of cannabis.
City Administrator Chip Rerig provided an introduction to this item.
Council questions and discussion followed.
Staff responded to Council questions.
Public Comment
The following members of the public spoke on this item: Carl Iverson and Jeff Baron.
Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Reimers,

Council moved to introduce on first reading and ordinance amending the City’s regulations
concerning the sale, use and cultivation of cannabis. 5:0:0
FUTURE AGENDA ITEMS
- Outdoor cultivation of marijuana

- Security measures for City events
- Use permits approval process - voting majority change
- Beach Fires
Attachment 2
- CalPers
ADJOURNMENT
There being no further business Mayor Dallas adjourned the meeting at 9:03 PM.
APPROVED: ATTEST:
________________________________ _______________________________
Attachment 3
November 7, 2017
MINUTES
REGULAR MEETING
CARMEL-BY-THE-SEA
Tuesday, November 7, 2017

Present: Councilmembers Hardy, Reimers, Theis and Mayor Dallas
Absent: Richards

Gerard Rose, Acting City Attorney
TOUR OF INSPECTION
The Council met in the Council Chamber and proceeded to an onsite tour of inspection of the North
Dunes of Carmel Beach accessible from the NW corner of San Antonio. Councilmember Richards met
the Council on site.
OPEN SESSION

Absent: None

Gerard Rose, Acting City Attorney
Agnes Topp, Environmental Compliance Manager
Joel Staker, Information Systems/Network Manager
Marni Waffle, Senior Planner
Attorney Gerard Rose led the pledge of allegiance.
Item A: Recognition of the Carmel Host Lions 75th Anniversary.

Attachment 3
Mayor Pro Tem Theis read a proclamation recognizing the Carmel Host Lions on their 75th anniversary.
Wendy Banks spoke on behalf of the lions
ANNOUNCEMENTS
Mayor Dallas announced that item 8 is continued to next month

There were no announcements from Closed Session.

Item B: Announcements from Councilmembers
Councilmember Reimers stated that she had been in contact with a Councilmember from Sonoma, who
appreciated Councilmember Reimers call and stated that she had learned a great deal from the event.
Councilmember Hardy, representative to the Transportation Agency of Monterey County (TAMC),

announced that TAMC had celebrated the completion of Holman Highway roundabout; and the
celebration of CalTrans opening of the Pfeffier Canyon Bridge. She stated that the TAMC board would
be working on a strategic expenditure plan for Measure X funds and is considering another roundabout
on Holman Highway in front of CHOMP. She stated that Monterey-Salinas Transit (MST) has affixed a
nameplate on the bus shelter next to Devendorf Park. She stated that since the City hired City
Administrator Chip Rerig, Council has focused on the rebuilding foundation and that she and Mayor Pro
Tem Theis have been a driving force for strategic visioning workshop. She thanked staff and Merv
Sutton for the Halloween Parade and lunch.
Mayor Dallas thanked staff for Halloween Parade and thanked Rich Pepe for the cakes that he donated.
He read from an email from Catherine Stedman and announced that on December 1 between 10:00
a.m. and 12:00 p.m. CalAm representatives will be in front of the Carmel Post Office to answer questions
and that this will be advertised in the Pine Cone.
Item C: Announcements from the City Administrator
City Administrator Chip Rerig thanked the staff and volunteers for the Halloween Parade. He
recognized public works employee Jesse Garibay for helping a community member jump start his car,
for which he had received a nice thank-you letter for that. He announced that this Saturday was the
Veteran’s Day ceremony beginning at 11:00am and that Public Safety Director and Veteran, Paul
Tomasi will be speaking. He announced that the following weekend, November 18th Homecrafters
Marketplace would be held.
Item D: Announcements from the City Attorney
Attorney Gerard Rose stated that is was a great honor and privilege to be representing the city tonight;
that he had spent 10 years as Councilmember and that he thinks that this group is one of the finest, and
that two of their greatest accomplishment hiring were hiring City Administrator Chip Rerig and appointing
Paul Tomasi as Public Safety Director and Police Chief.
PUBLIC APPEARANCES
The following members of the public spoke during public appearances: Hugo Ferlito, Ramona Amiss,
Richard Andre Gray, Ashley Blakeow, Catherine O’Day, and Richard Kreitman.
---End Public Appearances---

Attachment 3
City Administrator Chip Rerig responded to issues brought up during public appearances.
CONSENT AGENDA
Mayor Dallas announced that Item 8 would be continued to the December 5, 2017 meeting.
Action: Upon a motion made by Hardy seconded by Theis Council moved to approve the consent
agenda with the exception of Items 6 and 8:
Item 1: Consider and approve draft minutes for the special Council meeting held September 11,
2017 and regular Council meeting held September 12, 2017. Approved 5:0
Item 2: Monthly Reports: Community Planning and Building Department Reports, Fire,
Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports.
Approved 5: 0
Item 3: Ratify the check register summary for September 2017. Ratified 5:0
Item 4: Adopt a resolution authorizing a refund of $1,470.76 to Blue Cross for ambulance
transport services. Adopted Resolution 2017-115, 5:0
Item 5: Consideration of the adoption of a resolution authorizing the City Administrator to execute
a Donation Agreement with ChargePoint, Inc. for the acceptance of two, dual port electric
vehicle charging stations. Adopted Resolution 2017-113, 5:0
Item 7: Consideration of a resolution authorizing the City Administrator to execute Amendment

No. 3 to a Professional Services Agreement with Franklin Technology Management in a
total amount not to exceed $60,000 for contract Information Technology services.
Adopted Resolution 2017-114, 5:0
Item 8 was continued to the December 5, 2017 regular Council meeting.
Item 8: Consideration of a Mills Act Contract for an existing historic residence located in the
Single-Family Residential (R-1) Zoning District.
The following item was pulled by Councilmember Hardy and considered separately by Council:
Item 6: Consideration of the adoption of a resolution awarding a Landscape Maintenance

Services Contract to Town & Country Gardening for all Base Bid plus Additive Bid
locations for a total cost of $110,930 and a term of One Year.
Councilmember Hardy spoke on this item.
Public Comment
Attachment 3
The following members of the public spoke on this item: Karen Ferlito, Mary Liskin, Sue McCloud, Dave
City Administrator Chip Rerig provided commented on this item and Bob Harary, Public Works Director
responded to Council concerns with process.
Council discussion and questions followed. The City Administrator, Public Works Director, and City
Attorney responded to Council questions.
Action: Upon a motion made by Councilmember Theis, seconded by Councilmember Richards, Council
moved to adopt a resolution awarding a Landscape Maintenance Services Contract to Town & Country
Gardening for all Base Bid plus Additive Bid locations for a total cost of $110,930 and a term of One
Year. Adopted Resolution 2017-112, 4:1:0
AYES: COUNCILMEMBERS: Dallas, Reimers, Richards, Theis
NOES: COUNCILMEMBERS: Hardy

None
ABSTAIN: COUNCILMEMBERS:
ORDERS OF BUSINESS
Item 9: Receive an annual progress report on the North Dunes restoration project (CDP 16-315) and
provide policy direction.
Marc Wiener, Community Planning and Building Director provided the staff report. City Administrator
Chip Rerig provided additional comments.
Public Comments
The following members of the public spoke on this item: Niels Reimers, Mike Delappa, Mary Liskin,
Nancy Porias Thomas, Jon Lambert, and Karen Ferlito.
Action: Upon a motion made by Councilmember Reimers, seconded by Mayor Dallas, Council
moved to give direction to staff to amend the the Coastal Development Permit for the restoration of
the dunes to allow for the removal of the plants non-native to the dunes and trees specified in the
report, specifically Cypress, Monterey Pine, Oak trees, and the maintenance of tree density of 40-60
per the City’s General Plan. 5:0

Attachment 3
Mayor Dallas called for a recess at 7:03 p.m.
Item 10: Provide direction on the City’s regional destination marketing contract and consider an
amendment to increase the professional services agreement with Burghardt-Dore
Advertising Inc. by $10,000
Councilmember richards recused himself from consideration of this item and stepped down from the
dais.
City Administrator Chip Rerig provided the staff report.
Council discussion and questions followed. City Administrator Chip Rerig responded to questions.
Public Comment
The following members of the public spoke on this item: Amy Herzog, Jeff Burghardt, Ben Beesly, and
Sue McCloud.
Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Reimers, Council
moved to approve a resolution authorizing an amendment to increase professional services agreement
with Burghardt-Dore Advertising Inc. for marketing services by $10,000 for a total amount not to exceed
$70,000 and to direct staff to identify and entity to serve as the administrator of the marketing funds.
AYES: COUNCILMEMBERS: Dallas, Hardy, Reimers, Theis
ABSTAIN: COUNCILMEMBERS: Richards
Item 11: Schematic Design Alternatives for the Police Department Renovation Project
Bob Harary, Public Works Director provided the staff report and responded to Council questions.
Public Comment
The following members of the public spoke on this item: Sue McCloud
Council discussion followed and Bob Harary, Public Works Director responded to questions.
Council directed staff to combine options 1 and 2.
Item 12: Provide direction on special event fees.

Attachment 3
Ashlee Wright, City Clerk provided the staff report and responded to Council questions.
Public Comment
The following members of the public spoke on this item: Ben Beesley, Sue McCloud, and Lauren
Banner.
City Administrator Chip Rerig provided additional comments.
Council directed staff to develop fee options, including subsidies based upon: if the applicant is a
resident or non-resident, if the event organizer is a non-profit or for-profit entity, and if the event is free
and open to the public.
FUTURE AGENDA ITEMS - None
ADJOURNMENT
APPROVED: ATTEST:
________________________________ _________________________________
Attachment 4
City Council Special Meeting Minutes November
27, 2017
MINUTES
SPECIAL MEETING
CARMEL-BY-THE-SEA
Monday, November 27, 2017
Present: Councilmembers, Reimers, Richards, Theis and Mayor Dallas
Absent: Councilmember Hardy

Joel Staker, IT Systems/Network Manager
Catherine Tarone, Associate Planner
TOUR OF INSPECTION
The Council met in the Council Chamber and proceeded to an onsite tour of inspection of Bartron Property,
Lobos Street, 3 NE of 2nd Avenue. Councilmember Hardy met the Council on site.
OPEN SESSION
Absent: None

Catherine Tarone, Assistant Planner
Maxine Gullo, Assistant City Administrator
Bob Harary, Public Works Director led the pledge of allegiance
PUBLIC APPEARANCES - None
ORDERS OF BUSINESS
Attachment 4
Item 1: Review of Schematic Design Options #1 - #4, and Introduction of Option #5 for
the Police Building Renovation Project
Bob Harary, Public Works Director provided the staff report and responded to Council questions.
Public Comment
The following members of the public spoke during public comment: Jeff Baron
Council discussion followed. City Administrator Chip Rerig, Public Safety Director Paul Tomasi, and Public
Works Director Bob Harary responded to Council questions.
moved to recommend and approve option 5 to pursue design for Option 5. 4:1:0
NOES: COUNCILMEMBERS: Richards

PUBLIC HEARINGS
Item 2: Consideration of an appeal (APP 17-410) of the Planning Commission’s denial of a Design
Study (DS 17-292) application for the replacement of the existing wood shingle roofing with
composition shingle on a single-family residence located in the Single-Family Residential (R-1)
Zoning District. The application is being appealed by property owners Reed and Christine
Bartron.
Mayor Dallas recused himself from consideration of this item because he owns property within 500 feet, and
stepped down from the dais.
Catherine Tarone, Assistant Planner, provided the staff report.
Council discussion and questions followed. Catherine Tarone Assistant Planner responded to Council
questions.
Appellant Reed Bartron spoke on this item and responded to Council questions.
Public Appearances
The following members of the public spoke on this item: John Wagner
---End Public Appearances---
Appellant Reed Bartron responded to public comments and made further comments on this item.
Action: Upon a motion made by Councilmember Richards, seconded by Councilmember Hardy, Council
moved to uphold the appeal and allow the applicant to install a composite . 3:1:1
Attachment 4
AYES: COUNCILMEMBERS: Hardy, Richards, Theis
NOES: COUNCILMEMBERS: Reimers
ABSTAIN: COUNCILMEMBERS: Dallas
Mayor Dallas returned to the dais.
Item 3: Consideration of an Urgency Ordinance prohibiting the sale, use and cultivation of cannabis.
Marc Wiener, Community Planning and Building Director presented the staff report.
Public comments - None
Action: Upon a motion made by Mayor Pro Tem Theis, seconded by Councilmember Hardy, Council moved to
adopt and Urgency Ordinance prohibiting the sale, use and cultivation of cannabis. 5:0:0
AYES: COUNCILMEMBERS: Hardy, Richards, Theis
NOES: COUNCILMEMBERS: Reimers
ABSTAIN: COUNCILMEMBERS: Dallas
ADJOURNMENT
There being no further business, Mayor Dallas adjourned the meeting at 7:14 p.m.
APPROVED: ATTEST:
___________________________________ ___________________________________
Attachment 5
City Council Special Meeting - Workshop Minutes
December 4, 2017
MINUTES
SPECIAL MEETING - WORKSHOP
CARMEL-BY-THE-SEA
Monday, December 4, 2017
Absent: None

Paul Tomasi, Public Safety Director,
Luke Powell, Police Commander
Sharon Friedrichsen, Director of Budget and Contracts
OPEN SESSION
ORDERS OF BUSINESS
Item 1: Informational presentation and discussion about Pole Cameras led by Public Safety
Director Chief Paul Tomasi
Public Safety Director Paul Tomasi gave the presentation and responded to questions from the Council
and the public.
No formal action was taken by the Council.
ADJOURNMENT
APPROVED: ATTEST:
______________________________ _____________________________
Attachment 6

December 5, 2017
MINUTES
REGULAR MEETING
CARMEL-BY-THE-SEA
Tuesday, December 5, 2017
Present: Councilmembers Reimers, Theis and Mayor Dallas
Absent: Councilmember Hardy, Councilmember Richards

Marni Waffle, Senior Planner
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.
Item A: 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, Respondents/Defendants Monterey County Superior Court
Case No. M123079
Item B: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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
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
Item D: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Name of Case: City of Carmel-by-the-Sea, California, a municipal corporation, Plaintiff v.
Pacific Harvest Seafoods, Inc. and Does 1 through 20, Defendants, Santa Clara County
Case No. 16CV296492
Item E: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Administrative Hearing: CalPERS Joint Powers Authority retirement contribution dispute.
Item F: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

54956.9(d)(2): 3 cases
Public Comments - None
OPEN SESSION
Mayor Dallas called the open session of the meeting to order at 4:30 p.m.
Present: Councilmembers, Hardy, Reimers, Richards, Theis and Mayor Dallas
Absent: None

Maxine Gullo, Assistant City Administrator
Paul Tomasi, Public Safety Director
Fire Chief Panholzer led the pledge of allegiance.
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.
Item B: Recognition of Chief Guadenz Panholzer
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.
Item A: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to

Government Code Section 54956.9(D)(1) 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, Respondents/Defendants Monterey County Superior Court Case No.
M123079

Pursuant to Government Code Section 54956.9(D)(1) 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

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

Name of Case: City of Carmel-by-the-Sea, California, a municipal corporation,
Plaintiff v. Pacific Harvest Seafoods, Inc. and Does 1 through 20, Defendants,
Santa Clara County Case No. 16CV296492
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.
Item E: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Administrative Hearing: CalPERS Joint Powers Authority retirement contribution
dispute.
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
Item F: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Section 54956.9(d)(2): 3 cases
City Attorney Glen Mozingo announced that there were 3 cases that were addressed and that there were
Item B: Announcements from Councilmembers
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.
Item C: Announcements from the City Administrator
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.
Item D: Announcements from the City Attorney
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:

Attachment 6
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 7: Consideration of a draft Story-Pole Policy for New Construction.

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.
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 11: 1) Consideration of a Resolution adopting a Memorandum of Understanding (MOU)

between the City of Carmel-by-the-Sea and Carmel Fire Ambulance Association for the
period January 1, 2017 through June 30, 2019 and authorize the City Administrator to
execute the Memorandum of Understanding. 2) Adopt a resolution authorizing and
approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for
Carmel Fire Ambulance Association classifications as of January 1, 2017. Adopted
Resolution 2017-120, 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
within 500’ and stepped down from the dais.
Marc Wiener, Community Planning and Building Director provided the staff report and responded to
Council questions.
Council asked questions of applicants Matthew and Mira Porges.
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---
Applicants Matthew and Mira Porges responded to 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
AYES: COUNCILMEMBERS: Dallas, Hardy,Richards, Theis
ABSTAIN: COUNCILMEMBERS: Reimers
Item 14: Consideration of an Ordinance (Second Reading) amending Municipal Code Chapter
8.68 pertaining to Chlorofluorocarbon, Polystyrene and Similar Packaging Material
Restrictions
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.
City Administrator Chip Rerig responded to public comments.
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
Public Comments - None
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
NOES: COUNCILMEMBERS: Richards
Item 19: Receive a presentation regarding possible options for the use of the Flanders mansion and
provide direction to staff
This item was continued to a future meeting.
FUTURE AGENDA ITEMS - None
ADJOURNMENT
There being no further business Mayor Dallas adjourned the meeting adjournment 9:28
APPROVED: ATTEST:
______________________________ ______________________________
Attachment 7
City Council Special Meeting Minutes
December 15, 2017
MINUTES
SPECIAL MEETING
CARMEL-BY-THE-SEA
Friday, December 15, 2017
Present: Councilmembers Hardy, Richards, Theis and Mayor Dallas
Absent: Reimers

CLOSED SESSION
Mayor Dallas announced the Closed Session items:

Administrative Hearing: CalPERS Joint Powers Authority retirement contribution dispute.
Item B: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

LITIGATION (Facts and Circumstances)
54956.9(d)(2): 2 cases
Council resumed in Open Session at 2:57pm.
City Attorney Glen Mozingo announced that the Council was provided an update on the CalPERS Joint
Powers Authority retirement contribution dispute and that there were no announcements for the public
and. He further announced that Council had been updated as to exposure to litigation and that there
were no announcements for the public.
ADJOURNMENT
APPROVED:
Attachment 7
ATTEST:
________________________________ ________________________________
Attachment 8
City Council Special Meeting - Closed Session
Minutes January 8, 2018
MINUTES
SPECIAL MEETING
CARMEL-BY-THE-SEA
Monday, January 8, 2018
Absent: None
Staff: Tom Graves, City Clerk

Ashlee Wright, Library and Community Activities Director
CLOSED SESSION
Mayor Dallas announced the closed session items.

Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea,
CA Monterey Superior Court Case No. 16CV003820

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, Respondents/Defendants Monterey County Superior
Court Case No. M123079

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

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 8
Item E: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Title: City Attorney
Item F: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

Section
54956.9(d)(2): 1 case
OPEN SESSION
Absent: None
Staff: Tom Graves, City Clerk

Ashlee Wright, Library and Community Activities Director
Agnes Topp, Environmental Compliance Manager
Paul Tomasi,, Public Safety Director
Tom Graves, City Clerk led the pledge of allegiance.
ANNOUNCEMENTS
City Attorney, Glen Mozingo provided the report out on Closed Session items.

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
City Attorney Glen Mozingo announced that Council received an update on this item and that there
were no further announcements for the public.

Pursuant to Government Code Section 54956.9(D)(1) Name of Case:
Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of
Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, PotD'Oro,
LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants
Monterey County Superior Court Case No. M123079
Attachment 8

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

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
Item E: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Title: City Attorney
Mayor Pro Tem Theis announced that Council met to conduct a performance review of the City
Attorney. Mayor Dallas recused himself from consideration of this item and stepped out of the room.
She stated that the City Attorney has been with the City for 6 months and it has become apparent
that it is more of a full-time position. She stated under his contract he is allowed to hire an Assistant
City Attorney and/or Deputy City Attorney and that there is money in the budget for this. She stated
that the Council asked the City Attorney to come back to the Council with a figure in terms of the
amount of time needed and that the Council intends to include these additional positions in the new
budget for the upcoming fiscal year.
Item F: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

Significant exposure to litigation pursuant to subdivision (b) of Government
Code Section 54956.9(d)(2): 1 case
City Attorney Glen Mozingo announced that Mayor Dallas and Councilmember Richards recused
themselves from consideration of this item during Closed Session and stepped out of the room. He
stated that he informed and advised the Council of allegations of harassment against a public
official, which include the use of offensive language, the restating of an off color joke in mixed
company, and a landlord tenant dispute. He stated that as a result of those allegations, he had
retained an independent investigator, who is an experienced lawyer and has specialized in the
investigation of these types of issues, and is retained for the purposes of assisting the City Attorney
and providing legal advice on any further actions the City should take. He stated that during this
investigation there would be no discussion or speculation as to the outcome and findings of this
investigation, until the investigation is complete.He stated that the purpose of this procedure is to
afford the constitutional right of due process to all parties both the accuser and the accused. He
stated that once the investigation is complete the City Attorney will report the finding to the Council
Attachment 8
that are not a party or have any interest in the outcome. He stated that thereafter the Council will
determine what action, if any action, needs to be taken.
ORDERS OF BUSINESS
Item 1: Receive a presentation from Tim Flanagan, General Manager, Monterey Regional
Waste Management District on regional and local waste diversion programs and Sara
Treat, Outreach Manager with GreenWaste.
Agnes Topp, Environmental Compliance Manager provided the introduction to the presentation to
Council
Tim Flanagan, General Manager of Monterey Regional Waste Management District provided a
presentation.
Sarah Treat, Outreach Manager of Greenwaste Recovery, provided a presentation.
Council questions followed.
Item 2: Receive a presentation from CalAm Engineering Manager Chris Cook on the
Monterey Peninsula Water Supply Project, the utility’s proposed water supply
solution for the Monterey Peninsula area.
Tim Cook, CalAm Engineering Manager, provided the presentation and responded to Council
questions.
ADJOURNMENT
APPROVED:
ATTEST:
________________________________
Steve G. Dallas, Mayor _________________________________
Ashlee Wright, City Clerk

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CITY OF CARMEL-BY-THE-SEA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Ashlee Wright, Library and Community Activities Director

APPROVED BY: Chip Rerig, City Administrator

Approve the Minutes of October 2, 2017, October 3, 2017, November 7, 2017,

PRIOR CITY COUNCIL ACTION:

Attachment 1 - October 2 special meeting

Monday, October 2, 2017

CALL TO ORDER AND ROLL CALL

Mayor Dallas called the meeting to order at 4:30 p.m.

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

Staff: Ashlee Wright, City Clerk

Mayor Dallas announced the Closed Session items.

Item A: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Item B: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Item C: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Item D: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Public Comment - None

Council adjourned to Closed Session at 4:32 p.m.

Council resumed in Open Session at 5:30 p.m.

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

Staff: Chip Rerig, City Administrator

Item 1: Adoption of an Ordinance – Second Reading

Council questions and discussion followed.

---End Public Comment---

Council comments followed.

Tuesday, October 3, 2017

CALL TO ORDER AND ROLL CALL

Mayor Dallas called the meeting to order at 4:30 p.m.

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

Staff: Ashlee Wright, City Clerk

---End Public Appearances

Item A: Announcements from Closed Session

Item A: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Item B: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Item C: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Item D: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Item B: Announcements from City Council Members

Item C: Announcements from City Administrator

Item D: Announcements from City Attorney

Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Theis,

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

NOES: COUNCILMEMBERS: None

ABSTAIN: COUNCILMEMBERS: None

Item 5: Consideration of a resolution authorizing the City Administrator to execute Amendment

Councilmember Richards requested clarification on this item.

Council discussion and questions followed.

City Administrator Chip Rerig responded to questions and provided clarifications.

Action: Upon a motion made by Councilmember Richards, seconded by Councilmember Theis,

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

NOES: COUNCILMEMBERS: None

Item 8: Receive a report regarding tour buses.

Public Safety Director Paul Tomasi provided the staff report.

Council discussion followed.

---End Public Comment---

Council discussion followed.

No further action was taken on this item.

---End Public Comment---

Council comments followed.

Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Theis,

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

NOES: COUNCILMEMBERS: None

ABSTAIN: COUNCILMEMBERS: None

City Administrator Chip Rerig provided the introduction.