Attachment 8

City Council Special Meeting - Closed Session

Minutes January 8, 2018

MINUTES
SPECIAL MEETING
CARMEL-BY-THE-SEA

Monday, January 8, 2018

CALL TO ORDER AND ROLL CALL

Mayor Dallas called the meeting to order at 4:00 p.m.

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

Absent: None

Staff: Tom Graves, City Clerk

Chip Rerig, City Administrator
Glen Mozingo, City Attorney
Ashlee Wright, Library and Community Activities Director

PUBLIC APPEARANCES - None

CLOSED SESSION

Mayor Dallas announced the closed session items.

Item A: 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 B: 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

Item C: 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 D: 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
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Item E: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Government Code Section 54957
Title: City Attorney

Item F: CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

LITIGATION (Facts and Circumstances)
Significant exposure to litigation pursuant to subdivision (b) of Government Code
Section
54956.9(d)(2): 1 case

Council adjourned to Closed Session at 4:02 p.m.

OPEN SESSION

CALL TO ORDER AND ROLL CALL

Mayor Dallas called the meeting to order at 4:00 p.m.

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

Absent: None

Staff: Tom Graves, City Clerk

Chip Rerig, City Administrator
Glen Mozingo, City Attorney
Ashlee Wright, Library and Community Activities Director
Bob Harary, Public Works Director
Agnes Topp, Environmental Compliance Manager
Paul Tomasi,, Public Safety Director

PLEDGE OF ALLEGIANCE

Tom Graves, City Clerk led the pledge of allegiance.

ANNOUNCEMENTS

City Attorney, Glen Mozingo provided the report out on Closed Session items.

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

Item B: 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, PotD'Oro,
LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants
Monterey County Superior Court Case No. M123079
 Attachment 8

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

Item C: 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

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 – 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

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

Item E: PUBLIC EMPLOYEE PERFORMANCE REVIEW

Government Code Section 54957
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

LITIGATION (Facts and Circumstances)
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
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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.

Public Comment - None

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

There being no further business Mayor Dallas adjourned the meeting at 7:04 p.m.

APPROVED:
ATTEST:

________________________________
Steve G. Dallas, Mayor _________________________________
Ashlee Wright, City Clerk