CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

Mayor Steve G. Dallas, Council Members Carolyn Hardy, All meetings are held in the City Council Chambers
Jan Reimers, Bobby Richards, and Carrie Theis East Side of Monte Verde Street
Between Ocean and 7th Avenues
Contact: 831.620.2000 www.ci.carmel.ca.us/carmel

REGULAR MEETING
Tuesday, June 06, 2017
CLOSED SESSION
3:30 p.m.
OPEN SESSION
4:30 p.m.

CALL TO ORDER AND ROLL CALL

CLOSED SESSION

1. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance

2. PUBLIC EMPLOYEE PERFORMANCE REVIEW

Government Code Section 54957
Title: City Administrator

3. Public Employment - Govt. Code Section 54957.

Title: City Attorney.

4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

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

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: Antonio C. Simonelli & Jacqueline C. Simonelli, Appellant/Petitioner v. City of Carmel,
et al., Respondent - Monterey County Superior Court Case No. M123079, Sixth Appellate District Court
of Appeal Case No. H044251

OPEN SESSION

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS

1. Police Officer of the Year and Support Service Person of the Year

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 from City Council Members

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. Minutes (p. 5)

2. Monthly Reports for the month of April (p.36)

3. Check Register for the month of April (p.77)

4. SR 2017-073 Consideration of a resolution authorizing the City Administrator to execute a settlement

agreement with Pacific Gas & Electric Co. (p. 87)

5. SR 2017-074 Consideration of a resolution approving the rates charged by GreenWaste Recovery

for the collection of franchised solid waste, recycling and organics (p. 103)

6. SR 2017-075 Consideration of a resolution authorizing an extension of the approved retroactive

extension to the Paramedic Service Provider Agreement between the County of Monterey and
Carmel-by-the-Sea. (p.109)

7. SR 2017-076 Authorization of the City Administrator to send a letter authorizing the County of
Monterey to execute all documents necessary to continue to implement the annual Used Oil
Payment Program (OPP) 7th Cycle, FY 2017-2018 on behalf of the City. (p. 119)
 8. SR 2017-077 Adoption of a resolution authorizing the destruction of certain records in accordance
with 34090 et. seq. of the Government Code. (p. 126)

9. SR 2017-078 Ratification of an appointment to the Planning Commission. (p.168)

10. SR 2017-079 Ratification of an appointment to the Community Activities & Cultural Commission
(p. 174)

11. SR 2017-080 Consider a resolution authorizing the placement of tents in Devendorf Park and the
closure of certain streets for the 11th annual Concours on the Avenue event on Tuesday, August
15, 2017. (p. 175)

12. SR 2017-081 5th Award a Construction Contract to Monterey Peninsula Engineering for the Junipero
and Fifth Avenue Storm Drain project in a total amount not to exceed $87,690 (base bid of $79,720
and $7,970 project contingency) and authorize a budget adjustment up to $8,650. (p. 178)

13. SR 2017-082 Consider a resolution authorizing the Carmel Public Library Foundation to renovate the
Park Branch Library lobby. (p. 184)

14. SR 2017-083 Receive a report on the Emergency Operations Center and the 2017 updated
Emergency Operations Plan. (p. 193)

15. SR 2017-084 Consideration of a resolution approving participation of the City of Carmel-by-the-Sea

in the Institute for Local Governments Beacon Program. (p. 196)

16. SR 2017-085 Consideration of a resolution authorizing the City Administrator to execute Amendment
No. 3 to a Professional Services Agreement with Boots Road Group, LLC for an additional amount of
$3,000 for contract website support services. (p. 199)

17. SR 2017-086 Consideration of resolutions authorizing the City Administrator to execute amendments
to professional services agreements for financial consulting and project management services for a
total not to exceed amount of $82,500. (p. 203)

18. SR 2017-087 Consideration of a resolution authorizing the Mayor to execute a legislative subpoena
to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO). (p. 209)

19. SR 2017-088 Consideration of a Resolution of the City Council of the City of Carmel-bythe-Sea
adopting the Memorandum of Understanding (MOU) between 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. (p. 214)

ORDERS OF BUSINESS Orders of Business are agenda items that require City Council, Board or Commission discussion, debate,
direction to staff, and/or action.

20. SR 2017-089 Adoption of the FY 2017/2018 Budget. (p. 217)

21. SR 2017-090 Authorization of the City Administrator to Execute Lease Agreements between the City
and Sunset Cultural Center Inc. for Management and Operations of the Sunset Center and the Forest
Theater for the Term of July 1, 2017 to June 30, 2032. (p. 318)
PUBLIC HEARINGS

22. SR 2017-091 Consider an appeal from Chanterria McGilbra, Executive Director of the Prancing
Ponies Rally, of the denial of a Special Event Permit application for a proposed special event on
Wednesday, August 16, 2017. (p. 400)

23. SR 2017-092 Waive reading in full and adopt on second reading an ordinance moving the date of the
Citys General Municipal Election from the second Tuesday in April of even-numbered years to the
first Tuesday after the first Monday in November of even-numbered years beginning in November
2018. (p. 422)

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
Thursday, June 01, 2017 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 quasi-
adjudicative 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.