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 [Link]/carmel

REGULAR MEETING
Tuesday, April 04, 2017
CLOSED SESSION
3:00 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, General Employees, Management, Police

2. PUBLIC EMPLOYEE PERFORMANCE REVIEW

Government Code Section 54957
Title: City Administrator
3. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
54956.9(c)
Order Instituting Investigation and Order to Show Cause on the Commissions Own Motion into
the Operations and Practices of Pacific Gas and Electric Company with respect to Facilities Records
for its Natural Gas Distribution System Pipelines. Investigation 14-11-008 (Filed November 20, 2014)

4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Joanna Pfeister, Appellant/Petitioner v. City of Carmel-by-the-Sea et al, Respondent/Real
Party in Interest
Appellate District Court of Appeal - Appeal Case No. H040250 - Superior Court Case No. M93437

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
 5. REAL PROPERTY NEGOTIATIONS LEASE
Pursuant to Government Code Section 54956.8
Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS

1. New employee introduction Agnes Topp, Environmental Compliance Manager

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. Check Register for February 2017. (p. 5)

2. Monthly Reports for February 2017. (p.16)

3. SR 2017-034 Consideration of a resolution 1. authorizing the Carmel Public Library Foundations annual
Sterling Circle event to be held at the library; 2. approving the serving of alcohol at the event; and 3.
authorizing the Citys insurance carrier to cover the event. (p. 62)

4. SR 2017-035 Consider a resolution rescinding City Policy C95-08: Use of City Council Discretionary
Account for Expenses Associated with Co-Sponsored Events. (p. 69)

5. SR 2017-036 Consideration of a resolution 1. authorizing the closures of Dolores Street between Ocean
and 7th Avenues, and 7th Avenue between Dolores and San Carlos Streets for the 25th Annual
Winemakers Celebration event and 2. authorizing the consumption of alcohol at the event. (p. 72)

6. SR 2017-037 Consideration of a resolution authorizing a VIP wine reception on Mission Street during the
Carmel Art Festival Friday May 19, 2017 from 6:00 p.m. to 9:00 p.m., and the closure of Mission Street
between Ocean and 6th Avenues for the event. (p. 97)

7. SR 2017-038 Award a Construction Contract to Monterey Peninsula Engineering for the 2016-17
Sidewalk Repair Project in an amount not to exceed $162,877 and authorize a budget transfer for an
amount not to exceed $70,877. (p. 101)
 8. SR 2017-039 Consideration of a resolution accepting a $16,875 Board of State and Community
Corrections (BSCC) 2016 City Law. (p. 108)

9. SR 2017-040 Consideration of a resolution authorizing a retroactive extension of the Paramedic Service

Provider Agreement between the County of Monterey and Carmel-by-the-Sea. (p. 111)

10. SR 2017-041 Consideration of a resolution amending the 2017 Council meeting calendar. (p. 120)

11. SR 2017-042 Consideration of a resolution authorizing the placement of a commemorative plaque in the
lobby of City Hall to recognize Friends of Carmel Forest Centennial Tree donors. (p. 123)

12. SR 2017-043 Authorize a budget adjustment of $91,000 to fund the Junipero and Fifth Avenue Storm
Drain project. (p. 126)

13. SR 2017-044 Consideration of a resolution adopting the Memorandum of Understanding (MOU) between
the City and Carmel-by-the-Sea Police Officers Association for the period January 1, 2017 through June
30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding and adopt
the Police Officer Association classifications salary plan in accordance with Municipal Code 2.52.520.(p.
129)

14. SR 2017-045 Consideration of a resolution rejecting bids for the installation of a water meter for the
Fourth Avenue Irrigation Meter Project. (p. 167)

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

15. SR 2017-046 Consideration of the consolidation of the 2018 municipal election with statewide general
election. (p. 169)

PUBLIC HEARINGS
16. SR 2017-047 1. Consideration 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; and 2. Waive reading in full and introduce on first reading an
Ordinance authorizing an amendment to the provisions of municipal code section 2.56 (Retirement
System) and approving an amendment to the contract between the Board of Administration of the Public
Employees Retirement System and the City Council of the City of Carmel-by-the-Sea to provide section
20516 (employees sharing additional cost) of 3% for Safety (Police) and Safety (Fire) members. (p. 172)

17. SR 2017-048 Consideration of an ordinance (first reading) and resolution authorizing implementation
and membership in Monterey Bay Community Power Authority, a Community Choice Aggregation
Program. (p. 178)

18. SR 2017-049 Consideration of an Ordinance (Second Reading) amending Municipal Code

Sections 17.14 (Commercial Zoning Districts) and 17.68 (Use Classifications) in order to modify the
restaurant and food store regulations. (p. 187)

19. SR 2017-050 Consideration of an Ordinance (First 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. (p. 196)

20. SR 2017-051 Consideration of an appeal of the Planning Commissions decision to approve a Design
Study (DS 16-239) application for the construction of a 165-square-foot bedroom addition to south (rear)
of the residence and the enlargement of an existing deck on a property located in the Single-Family
Residential (R-1) Zoning District. The applicants are Tom and Irene McLaughlin. The appellant is Hongxia
Liu. (p. 221)


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 [Link] on Thursday, March 30,
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.