CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

Mayor Steve G. Dallas, Council Members Carolyn Hardy,

Jan Reimers, Bobby Richards, and Carrie Theis

All meetings are held in the City Council Chambers

East Side of Monte Verde Street
Between Ocean and 7th Avenues

Contact: 831.620.2000 www.ci.carmel.ca.us/carmel

REGULAR MEETING
Tuesday, November 01, 2016
CLOSED SESSION
3:30 p.m.
OPEN SESSION
4:30 p.m.
CALL TO ORDER AND ROLL CALL
CLOSED SESSION
A. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance, General Employees, Management, Police
B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
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
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-bythe-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: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of Carmel- bythe-Sea, Defendant - Monterey County Superior Court Case No. M130393
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: State Farm General Insurance Company, Plaintiff v. City of Carmel-by-the-Sea, and
Does I through 10, Defendant - Monterey County Superior Court Case No. 16CV002381
C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 2
cases

PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
A. Presentation of resolutions from the Mayor of Petra, Spain.
PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during
Public Appearances. Each persons comments shall be limited to 3 minutes, or as otherwise established by the City Council, Board or
Commission. Matters not appearing on the City Council, Board or Commissions agenda will not receive action at this meeting but may
be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names
so that they may be identified in the minutes of the meeting.

ANNOUNCEMENTS
A. Announcements from Closed Session
B. Announcements and reports from City Council Members (p. 5 and p. 8)
C. Announcements from City Administrator
D. Announcements from City Attorney
CONSENT AGENDA Items on the consent agenda are routine in nature and do not require discussion or independent action.
Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council,
Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended
actions.
1. Consider and approve draft minutes for the special Council meeting held September 19, 2016, draft
minutes for the special Council meeting held October 3, 2016, and draft minutes for the regular
Council meeting held October 4, 2016. (p. 9)
2. Check Register for September 2016. (p. 19)
3. Monthly Reports for September 2016. (p. 31)
4. SR 2016-1193 Consideration of a resolution accepting the new Memorial Bell installed in the World
War I Memorial Arch at the intersection of Ocean Avenue and San Carlos Street. (p. 66)
5. SR 2016-1194 Consideration of a resolution authorizing the temporary closure of the following
streets: one northbound and one southbound lane on Ocean Avenue from Mission to Dolores
Streets, for the dedication of the Memorial Bell installed in the World War One Memorial Arch. (p. 71)
6. SR 2016-1195 Consideration of a resolution authorizing the City Administrator to execute an
agreement with Cypress Coast Ford in an amount not to exceed $25,000 for the purchase of a 2017
Ford Escape for the Community Planning and Building Department; declaring the 1999 Jeep
Cherokee as surplus; and authorizing a budget adjustment to fund the new vehicle. (p. 76)
7. SR 2016-1196 Consideration of a resolution affirming the Citys intent to participate in governance
and financing discussions for the proposed Monterey Bay Community Power Joint Power Authority.
(p. 80)
8. SR 2016-1197 Consideration of a Resolution authorizing the City Administrator to execute an
agreement with Municipal Resource Group (MRG) LLC for Facilitated Evaluation Services for City
Administrator and City Attorney. (p. 85)
9. SR 2016-1198 Consideration of a resolution authorizing the City to update an existing inter-agency
agreement with Monterey County Behavioral Health adding Amendment 1 to the agreement, which
identifies the newly formed Mobile Crisis Team (MCT). (p.107)

10. SR 2016-1199 Authorization of the City Administrator to Execute Various Tree Trimming and Tree
Maintenance Services Contracts for a Not to Exceed Amount of $680,000 for the Term of
November 2, 2016 through June 30, 2018. (p.175)
11. SR 2016-1200 Ratification of appointments to the Forest and Beach Commission and Historic
Resources Board. (p.191)
12. SR 2016-1201 Consider a resolution accepting donations to the Citys 2016 Centennial celebrations
in the amount of $11,600. (p.192)
13. SR 2016-1202 Authorization of the City Administrator to execute an agreement with SSB
Construction for the Vista Lobos Community Room roof project for an amount not to exceed
$30,000.00. (p. 195)
ORDERS OF BUSINESS Orders of Business are agenda items that require City Council, Board or Commission discussion, debate,
direction to staff, and/or action.

14. SR 2016-1203 Consider a request from Ben Beesley of Keller Williams Coastal Estates on behalf of
the Carmel Chamber of Commerce to hold a mixer with wine and food in the City Council Chamber
from 5:30 to 7:30 p.m. on a yet to be determined date in November, 2016, and provide direction.
(p. 198)
PUBLIC HEARINGS
15. SR 2016-1204 Adopt addendum to Memorandum of Understanding (MOU) for represented
employees of the general employees union and management employees union, LIUNA/UPEX, Local
792, AFL-CIO bargaining agreement City of Carmel-by-the-Sea [N1636/N1636B] adopting preferred
schedule effective January 1, 2012. (p. 201)
16. SR 2016-1205 1. Adoption of a Resolution of Intention to approve an amendment to the contract
between the Board of Administration of the California Public Employees Retirement System
(CalPERS) and the City of Carmel-by-the-Sea to include provisions pursuant to Government Code
20516 Cost Sharing for Miscellaneous members in accordance with the previously approved
Memorandum of Understanding and 2. Adoption of an Ordinance Authorizing an Amendment to the
contract between the City of Carmel-by-the-Sea and the Board of Administration California Public
Employees Retirement System (CalPERS). (p.207)
17. SR 2016-1206 Consideration of an appeal of the Planning Commissions decision to deny Design
Study (DS 15-217) and associated Coastal Development Permit application for the demolition of an
existing residence and construction of a new residence located in the Single-Family Residential
(R-1), Beach and Riparian (BR) and Archaeological Significance (AS) Overlay Zoning Districts. The
applicant/property owner is Art Chadwick. (p.218)
FUTURE AGENDA ITEMS
ADJOURNMENT

This agenda was posted at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, Harrison Memorial
Library, NE corner of Ocean Avenue and Lincoln Street, and the Carmel-by-the-Sea Post Office, 5th Avenue between
Dolores Street and San Carlos Street, and the Citys webpage http://www.ci.carmel.ca.us/carmel/ on Friday, October 28,
2016 in accordance with the applicable legal requirements.

__________________________________
Ashlee Wright, City Clerk
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council, Board or Commission regarding any item on this
agenda, after the posting of the agenda and received by 12:00PM the day of the Council meeting, will be available for public review in
the City Clerks Office located at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, during normal business hours.
In addition, such writings or documents will be available for public review at the respective meeting. Documents or and writings received
at the meeting or after 12:00PM the day of the meeting will be made available for public review the following business day.
SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the
City Clerks Office at 831-620-2007 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide
accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).
CHALLENGING DECISIONS OF CITY ENTITIES The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative decision made by the City of Carmel-by-the-Sea is governed by Section 1094.6 of the Code of Civil Procedure, unless a
shorter limitation period is specified by any other provision, including without limitation Government Code section 65009 applicable to
many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources
Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge
to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision
becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009
and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service
in addition to filing. If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or
someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Carmel-by-the-Sea, at
or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted
all available administrative remedies.