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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

October 2, 2018
CONSENT AGENDA

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Thos. A. Graves, MMC, City Clerk

APPROVED BY: Chip Rerig, City Administrator

Minutes of the August 6, 2018, August 7, 2018, September 10, 2018 and September 11,
SUBJECT:
2018 City Council Regular and Special Meetings

RECOMMENDATION:
That the the City Council approve the Minutes of the August 6, 2018, August 7, 2018, September 10, 2018 and
September 11, 2018 City Council Regular and Special Meetings

BACKGROUND/SUMMARY:
City Council Minutes are attached for consideration.

FISCAL IMPACT:
None.
PRIOR CITY COUNCIL ACTION:
None.

ATTACHMENTS:

Attachment #1 - Minutes of the August 6, 2018 Meeting
Attachment #2 - Minutes of the August 7, 2018 Meeting
Attachment #3 - Minutes of the September 10, 2018 Meeting
Attachment #4 - Minutes of the September 11, 2018 Meeting
Attachment 1

CITY COUNCIL SPECIAL MEETING
Monday, August 6, 2018
OPEN SESSION
4:30 PM
TOUR OF INSPECTION 2:00 P.M.
Item A: Tour of Inspection - Police Department, Junipero Avenue & Fourth Avenue
CLOSED SESSION 3:30 P.M.
Item A: Public Employee Evaluation (G.C. § 54957) City Administrator
No report.
Item B: Conference with Legal Counsel – Existing Litigation Pursuant To Government Code
Section 54956.9(D) (1) Name Of Case: David Fink V. City Of Carmel-By-The-Sea,
California
The case has been resolved and dismissed.
Item C: 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 25, Inclusive, Respondents/ Defendants
Monterey County Superior Court Case No.17CV003685
Item D: Conference with Legal Counsel – Existing Litigation Pursuant To Government Code
Section 54956.9(D) (1) Name Of Case: Jo-Ann Otlin V. City Of Carmel And Does 1
Through 20, Inclusive, Respondents/ Defendants: Monterey County Superior Court
Case No. 18CV001882.
Item E: Conference with Legal Counsel – Existing Litigation Pursuant To Government Code
Section 54956.9(D)(1) Name Of Case: Lininger V. City Of Carmel, Respondents/
Defendants.
Item F: Conference with Legal Counsel – Existing Litigation Pursuant To Government Code
Section 54956.9(D) (1) Name Of Case: CalPERS V. City Of Carmel, Respondents/
Defendants.
Items C, D, E and F are under negotiation for settlement.
Item G: Conference With Legal Counsel – Anticipated Litigation - Significant Exposure to
Litigation Pursuant To § 54956.9(B): (two Cases)
One case was discussed.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 2 of 9
OPEN SESSION 4:30 P.M.
CALL TO ORDER AND ROLL CALL
Present: Councilmembers Richards, Hardy, Theis, Reimers, Mayor Dallas
City Administrator Rerig, Ass’t. City Administrator Gullo, City Attorney
Mozingo, Public Safety Director Tomasi, Director of Contracts and
Budget Friedrichsen, Community Planning & Building Director Wiener,
Director of Libraries and Community Activities Wright, Public Works
Director Harary, City Clerk Graves
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
Item A: A Proclamation Honoring Jacob's Heart Children's Cancer Support Services.
Family Support therapist Tara Crowell accepted the Proclamation, and introduced the
Hinds family.
Item B: Presentation by BMW Of Monterey On Electric Bicycles Donated To The Police
Department
Chief Tomasi showed the bike to the City Council and public, and thanked BMW of
Monterey for the donation.
Item C: Presentation Of Evan Kort As The New Assistant Planner In Community Planning And
Building.
ANNOUNCEMENTS
Councilmember Reimers commended City emergency response teams, and thanked
them for a very quick response to a recent 911 call.
Mayor Dallas experienced a similar situation, and commended the response teams
as well.
Administrator Rerig commended particularly Director Harary and Environmental
Compliance Manager Topp for their work in removing the fuel tanks from the Public
Works yard. On another issue, he pointed out that the agenda management system
dropped an entire agenda item from the August 6th agenda and had to be moved to
the August 7th agenda. Fortunately, there was enough time to stay within the
required notification schedule.
PUBLIC APPEARANCES
Mr. Hall questioned whether traffic projects were being managed properly. Mr.
Rerig said the project in question was not a Carmel-by-the-Sea project.

Jim Miller asked the Council to consider making more funds for advertising
available for other small businesses.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 3 of 9
Linda Miller agreed with Jim Miller.
Karen Ferlito spoke with concern about garbage at the bottom of Ocean Avenue. Mr.
Rerig described the City's arrangements with GreenWaste and Public Works staff to
keep the area neat and tidy.
Cheryl Merritt also asked for more advertising in support of small, local retail
businesses.
Chris Mack suggested moveable cameras for stop signs as one way to catch
scofflaws who roll through.
CONSENT AGENDA
Administrator Rerig asked that item 3 be continued to the meeting of September,
2018.
Councilmember Richards pulled item 4.
Georgina Armstrong pulled item 12.
Ken White requested that item 4 be continued to the September meeting.
Barbara Livingstone requested that item 4 be continued to the September meeting.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, to approve all of
the items on the Consent Agenda, except for items 3, 4, and 12.
AYE: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
Mayor Dallas said Items 4 and 12 would be continued to the end of the meeting.
Item 1: Receiving the Monthly Reports for June:
1.) City Administrator Contract Log;
2.) Community Planning And Building Department Reports;
3.) Police, Fire, and Ambulance Reports;
4.) Public Records Act Requests, and
5.) Forester Report.
Item 2: Approving the June, 2018 Check Register Summary

Item 3: Approving the Minutes of the July 2, 2018 Special City Council Meeting and the
Minutes of the July 3, 2018 Regular City Council Meeting.
This item was continued to the September 10, 2018 meeting.
Item 4: Resolution No. 2018-071, Authorizing The Mayor To Execute A Legal Service
Agreement With G.R. Mozingo, Esq, Apc (A Professional Corporation) Effective
July 1, 2018 And Ending June 30, 2023.
Note: This item was taken out of order and heard after Item 15.
Administrator Rerig noted that the staff report did not change. The resolution only
contains one change, changing the Signatory for the City to the Mayor instead of
the City Administrator. That is the only change that has been made to this staff
report and resolution.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 4 of 9
Councilmember Hardy recapped the process, which was to go to outside counsel,
in this case the Los Gatos City Attorney, who has a similar contract to Mr.
Mozingo. This is intended to be a five-year contract to lock in a reduced rate. The
City Council could have made it shorter, but it would have put the City at risk of
paying $330 to $350 per hour for future legal services, and Councilmember Hardy
therefore saw this as a cost-saving measure for the City. Also, each party may
terminate this agreement with a ninety-day notice. The retainer has gone to
$30,000/month, and has an annual COLA based upon the area’s CPI. Finally, she
said it is important to keep in mind that the City Attorney doesn’t work for the
public. Instead, the City Attorney works for the City Council and his client is the
City. The contract secures the services of three City Attorneys.
Councilmember Reimers said this contract is for 154 hours of legal services per
month, and does not cover, nor will it include, CalPERS or healthcare. The goal is
to reduce costs to the City over the next five years. There is also a built-in annual
review process.
SPEAKING FROM THE FLOOR:
Hugo Ferlito said this item is not “routine in nature,” and urged the City Council to
scrap the contract.
Jeff Baron said he believes this contract harms the City. He urged the City Council
to not enter into the contract before the current case that is before the Superior
Court is resolved on September 7, 2018.
Karen Ferlito said she was dismayed that this was placed on the Consent
Agenda. Further, she said it is insulting to put this item at the end of the City
Council meeting. She said the Superior Court lawsuit, due on September 7, 2018,
should be resolved first before this contract is finalized.
Mr. Mack said this item should be rescheduled to a future date, and under a public
hearing. This contract is too vague, and should be continued to a date after
September 7, 2018. He also expressed concern that this item was moved to the
end of the meeting.
Barbara Livingstone said she thinks Council does great work, and she appreciates
how hard the work is. But she feels this contract should never have been placed
on consent, and doesn’t understand why this contract would be signed before the
lawsuit on September 7,, 2018.
Sue McCloud said it’s not unusual for her to get calls from residents, but this
week's number of calls has been surprising. She shares the thinking that this
should not be acted upon today.
Georgina Armstrong said there needs to be more transparency, and reminded
Councilmembers that no persons have spoken in favor of this item.
Richard Kreitman said he agreed with the previous speakers, and asked that this
item be continued.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 5 of 9
Councilmember Hardy said the City is defending its right to keep confidential
closed session items that are confidential. She said that KSBW never contacted
the City to get its point of view before broadcasting their editorial, and that there is
more to this current lawsuit now in Superior Court than meets the eye. The Court
will render its decision, and the City will abide by it.
Councilmember Richards said Mr. Mozingo has done great work over the past
year on behalf of the City, and Mr. Richards is convinced we need a full-time City
Attorney. But he said a retainer at two million dollars is not efficient, and he feels
the City should hire a City Attorney who is an employee. He does not support a
super majority for termination of the contract, and he can’t support a five-year term.
Mayor pro tem Theis said she, Mayor Dallas and City Administrator Rerig placed
this item on the Consent Agenda because that is how the City does its contract
hiring. But anyone can pull it and it becomes a public hearing. This Council hasn’t
done anything extraordinary with this contract. It was looked at and commented
upon by another City Attorney with a similar contract. The public has expressed
concerns with the PERS liability the City faces. The Council took that into account
by hiring Mr. Mozingo on a contract basis. He has worked hard to get the City on
track with short-term rentals and, in fact, a $12,000 check was just recovered
today for such. She said we have an attorney now who is focussed solely on
Carmel-by-the-Sea. She also reminded that Mr. Mozingo listed all of his
accomplishments recently, and now that list has grown. She said she just
disagrees with what the public is saying on this issue.
Councilmember Reimers remarked that the City is making a change, and moving
in the direction that other cities have already moved in terms of legal counsel.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, to adopt
Resolution 2018-071.

AYES: HARDY, REIMERS, THEIS, DALLAS
NOES: RICHARDS
Item 5: Reports From Sunset Cultural Center Inc., On Sunset Center And The Forest
Theater.
Item 6: Resolution No. 2018 - 072, Authorizing The City Administrator To Execute
Amendment No. 1 To The Professional Services Agreement With Native
Solutions With A Fee Increase Of $33,000 for The North Dunes Habitat
Restoration Project.
Item 7: Resolution 2018-073, Opposing Proposition 6, Which Would Repeal Senate Bill
1, the Road Repair and Accountability Act.
Item 8: Resolution No. 2018-074, Authorizing a Street Closure for a Carmel Public Library
Foundation Event on September 15, 2018.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 6 of 9
Item 9: Resolution 2018-075, Adopting the City of Carmel-by-the-Sea’s Responses to the
2017-2018 Monterey County Civil Grand Jury Report Entitled “ Who’s In Charge?
Stepping Up Homelessness: The Need For Strategic Leadership And
Comprehensive Planning”

Item 10: Resolution No. 2018- 077, Supporting The National Carbon Fee And Dividend
Program And Authorizing The Mayor To Send Letters Of Support For The
Program To Congressman Panetta And The Monterey County Board Of
Supervisors

Item 11: Resolution 2018-078, Adopting A Resolution Of Intention To Establish The Carmel
Restaurant Improvement District

Item 12: Resolution No. 2018-086, Adopting The Job Description Of Extra Help Retired
Annuitant And Adopting A Salary Schedule For This Classification With An Hourly
Rate Range Of $15.00- $100.00, Effective July 1, 2018.

This item was pulled by Georgina Armstrong, but her questions have been
answered.

Action: Councilmember Hardy moved, seconded by Councilmember Reimers, to adopt
Resolution No. 2018-086.

AYES: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
ORDERS OF BUSINESS
Item 13: Discussion on Update of the City’s Residential Zoning Code (Chapter 17.10) and
Residential Design Guidelines and Update of the City’s Commercial Zoning
Code (Chapter 17.14).
Community Planning and Building Director Wiener made the staff presentation.
Councilmember Reimers asked for clarification about what was being asked of
the City Council. She said she assumed this was informational for Council
tonight, and that Council was being asked for its advice, guidance, and to name
Planning Commissioners to sub-committees.
Director Wiener affirmed her sense of the item, and said he would be coming
back from time to time as necessary.
Councilmember Richards inquired about the conversion of commercial units to
residential units, and asked if it would be necessary to re-write the Code to
protect the commercial versus residential zones of the City.
Director Wiener said it may just need a close reading of the Code, or may
sometimes require a re-write to protect the zones.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 7 of 9
Mayor Dallas inquired if Council wanted at least one member of the public to sit
on the various sub-committees as well as members of the Planning
Commission.
SPEAKING FROM THE FLOOR:
Barbara Livingston urged the Council to establish some sort of a moratorium on
any future condos that are built downtown.
Jeff Baron said he would prefer subcommittees that conduct public hearings so
the community can be involved.
Georgina Armstrong supported the idea of a temporary moratorium on
converting long-term living spaces downtown to short-term housing.
Sue McCloud suggested the Council may want to invite Nore’ Winter back to do
another profile of Carmel to see what the City has evolved into.
Ben Beesley said that he would appreciate the Chamber of Commerce being
considered for one of the two commercial committees.
Mr. Rerig said that halting development is not as easy as it appears and asked
the Council to give direction if that is what Council wants to do. It would have to
come back to a future meeting with detailed findings.
Councilmember Reimers said she would be in favor of some mechanism
whereby the Council could declare a moratorium on commercial units being
converted to short-term rentals. She also said she would like Item 15 continued
because she needs more time to study it.
Councilmember Hardy said that the Planning Commission would like their sub-
committees to be comprised exclusively of Planning Commissioners. But she
would also like for all of the subcommittee meetings to be held so that the public
could listen to all discussions. She said that sub-committees would not be
subject to the Brown Act because less than a quorum of the Planning
Commission would be on each sub-committee, and that the sub-committees
would be empaneled for a specific purpose and would be dissolved once its
specific purpose was completed.
Councilmember Richards said he would like to see a member of the public on
each sub-committee.
Councilmember Reimers said she tended to agree with Councilmember Hardy,
as long as the meetings were open to the public.
Mayor pro tem Theis endorsed the idea of having the meeting's public and that
she would refrain from saying anything more because of her involvement in her
hotel.
Action: Councilmember Hardy moved, seconded by Councilmember Reimers, that the
City Council appoint the sub-committees as requested in the staff report, with
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 8 of 9
one sub-committee for Residential, one for Commercial I and one sub-committee
for Commercial II.

AYES: HARDY, REIMERS, THEIS, DALLAS
NOES: RICHARDS

PUBLIC HEARINGS
Item 14: Second Reading Of Ordinance No. 2018-002, Adopting Chapter 18.04 Of The
Municipal Code.
Action: Councilmember Reimers moved, seconded by Councilmember Hardy, to
approve Ordinance No. 2018-002, adopting Title 18.04 of the Municipal Code.
AYES: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
Item 15: First Reading Of Ordinance No. 2018-003, Repealing Carmel Municipal Code
(CMC) Chapters 8.32, Fire Code; 8.64, Property Nuisances; And 8.72 Community
Floodplain; Amending CMC Chapter 8.56, Noise Regulation; And Amending Title
15 (Buildings And Construction) By Adopting The 2016 Editions Of The California
Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, And
Green Building Standards Codes With Local Amendments; And Adopting New
Chapters 15.55, California Fire Code; 15.56, Community Floodplain; And 15.57,
Property Nuisances.
Councilmember Reimers asked that this item be continued to the September 11,
2018 City Council meeting for more study.
Mayor pro tem Theis said she believed this was a fairly standard issue that
comes before the City Council on an annual basis, and asked the City
Administrator to explain.
Mr. Rerig agreed with Mayor pro tem Theis that this is, indeed, a tune-up, and
asked Councilmembers to trust that is is a routine matter. He said there would be
ample time between this reading and the second reading for study.
Director Wiener presented the staff report.
Barbara Livingstone thanked the Council for addressing the problem of
construction vehicles in driveways. She asked for action on a moratorium on
short-term housing in the Downtown Area.
Sue McCloud asked the Council to look into how the Planning and Building
process might be accelerated at City Hall.
Mr. Rerig said that when the Council returns with more restrictive actions on
short-term rental housing, it’s going to be imperative to get the word out to
commercial property owners.
City Council Meeting Minutes
August 6, 2018
Attachment 1
Page 9 of 9
Mayor pro tem Theis said the staff has more experience dealing with short-term
rentals, so she would like to see this number kept at three, but she would take the
staff recommendation at this time.
Councilmember Richards said he agreed with Mayor pro tem Theis.
Councilmember Hardy said the reason she was proposing two is that the report
states, “Ohaving less than twoO” short-term rental units, meaning having one
unit, “Oshall retain their R-1 Classification.”
Mayor Dallas called a recess at 6:30 p.m.
The City Council returned at 6:42 p.m.
Director Wiener returned with proposed language that if there is more than one
unit in the building, it would require the R-1 Occupancy Classification.
Barbara Livingstone inquired that if these units will now be designated R-1, they
can no longer be considered short-term rentals?
Mr. Rerig clarified that if a new unit is built, or if an existing unit is converted with
the intention of renting it as a short-term basis, it must be converted to the R-1
Building Standards. By doing this tonight, this makes the threshold much higher.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, that the
Council adopt Ordinance No. 2018-003 amending Municipal Code Title 8 and 15
with the amended language for Item 13, Short-term Rental Unit.
AYES: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
FUTURE AGENDA ITEMS
Barbara Livingston said she would like to discuss a restriction on the new condos that
are being built downtown; specifically to restrict them to residential-only and not short-
term rentals.

Councilmember Reimers said she supports the previous speaker’s comments, and
Councilmembers Richards, Hardy and Theis concurred. Mayor Dallas said since
there was unanimous consent on this item it would be brought up at the Thursday
agenda review meeting.
ADJOURNMENT at 7:55 p.m.

APPROVED: ATTEST:

________________________________ _________________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
Attachment 2

REGULAR MEETING
Tuesday, August 7, 2018
OPEN SESSION
4:30 PM
OPEN SESSION
CALL TO ORDER AND ROLL CALL 4:34 p.m.
Present: Councilmembers Richards, Hardy, Theis, Reimers, Mayor Dallas
City Administrator Rerig, Ass’t. City Administrator Gullo, City Attorney
Mozingo, Public Safety Director Tomasi, Director of Contracts and
Budget Friedrichsen, Community Planning & Building Director Wiener,
Director of Libraries and Community Activities Wright, Public Works
Director Harary, Fire Chief Gaudenz, City Clerk Graves.
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS
Councilmember Reimers thanked the emergency services workers in the City for their
quick response to an incident at her home earlier.
Councilmember Hardy said thank you to the community for their support and
condolences upon the death of her husband, Cavan. She said she was grateful to all.
She also thanked the Council for having passed the resolution opposing Proposition 6,
and said that as the Transportation Agency for Monterey County (TAMC) representative
it was imperative to have taken that step. Proposition 6 proposes to repeal SB1,
meaning Monterey-Salinas Transit (MST) would have to cut $3 Million from its budget.
Mayor Dallas said the Mayors Association has also taken a stand against Proposition 6.
City Attorney Mozingo said the City had received a check from a short-term rental owner
today for back TOT and interest in the amount of $12,500. He said all short-term rentals
are being looked at for compliance going back four years.
Mr. Rerig spoke about trash in the village, and said the agreement with GreenWaste
requires them to come into the City at 6:00 a.m. with three trucks. The agreement also
requires a GreenWaste employee to be dedicated to the village. On the weekends,
Director Harary has two employees that come in for 4-hour shifts.
PUBLIC APPEARANCES
Jacqueline Woodward spoke in support of Public Water Now and Measure J.
Denise Otterson gave out copies of a book to Councilmembers about the harmful
effects of wood-burning.
Richard Kreitman spoke about the 500-foot rule for conflicts of interest. He feels he may
have found a legal loophole, and shared the documents with the City Council.
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 2 of 12

Deborah Whittlesea Sharp read a letter from Tor House Foundation President Vince
Huth requesting that a bust of poet Robinson Jeffers be placed in the Harrison
Memorial Library Garden.
Mark Bayne suggested that the City impose a 15 mph speed limit on most City streets.
Georgina Armstrong spoke about the conditions of the Piccadilly Park bathroom.
Barbara Livingstone said she was on the Council in 2003 and 2004, and said it was
unfortunate nothing was decided about the bust then. She also supports Mark Bayne in
his efforts to slow down traffic.
`

Chris Mack proposed speed bumps and other traffic calming measures.
Karen Ferlito spoke about recycling and mentioned the Offset Project, a Monterey
NGO. She asked the Council to plan more aggressively for recycling next year during
car week.
Mr. Rerig wished Barbara Livingstone a Happy 90th birthday, and said she has a
traffic calming plan from San Carlos.
City Attorney Mozingo spoke about the 500-foot restriction imposed by the FPPC. He
is in the process of conferring with FPPC in regard to limits on proximity and the
effects on Carmel’s one square mile.
Item 1: Resolution No. 2018-076, Authorizing the Re-Appropriation of Unspent
Fiscal Year 2017-2018 Capital Project Funds to Fiscal Year 2018-2019.
Action: Councilmember Hardy moved, seconded by Councilmember Reimers, to adopt
Resolution No. 2018-076.
AYES: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
PUBLIC HEARING
Item A: Resolution No. 2018-079, Adopting an Incentive Program Waiving All Planning
and Building Fees for Hotel Improvement Projects for Fiscal Year 2018-19.
Councilmember Reimers asked if the rationale behind this item might be in
conflict with the fact that fees could not be waived for Concours on the Avenue.
Mr. Mozingo replied that COTA is a commercial operation, and that the Municipal
Code does not authorize the waiving of fees for commercial enterprises. The
distinction is that the Hotel Improvement Program is akin to a redevelopment
project, where the City may reduce or waive certain fees.
Councilmembers Reimers, Richards, Theis and Dallas have conflicts on this
issue:
On a draw to determine who remained to constitute a majority to hear the matter,
Councilmembers Richards and Reimers were asked to stay.
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 3 of 12

Mayor Dallas turned the meeting over to Councilmember Hardy and, along with
Mayor pro tem Theis, left the dais.
Director Wiener presented the staff report.
Councilmember Richards proposed that instead of waiving the fees, that fees
would be deferred for a year.
Chairperson Hardy opened the Public Hearing at 5:43 p.m.
Ken Spielfogel asked if this fee waiver could include restaurants as well.
Barbara Livingston suggested that a rise in TOT to 12% is in order.
Karen Ferlito agreed with Barbara Livingstone.
Richard Kreitman asked if this really would provide an incentive to hotel owners.
Georgina Armstrong suggested a limit on the number of businesses that were
able to take advantage of this incentive.
Jeff Baron said he supports Councilmember Richards’ suggestion to delay the
repayment of the fees for one year.
Dick Styles said he supports Councilmember Richards’ proposal.
Gene Hughes also said he supports the Richards proposal to delay repayment of
the fees, not to waive them.
Mike Brown asked if changes were made, would this have to come back for
another meeting.
Chairperson Hardy closed the Public Hearing at 5:55 p.m.
Mr. Rerig said if this item was changed substantially, it would have to come back
because it has been noticed as a waiver of fees, not a deferral.
Councilmember Reimers endorsed Councilmember Richards’ proposal.
Chairperson Hardy spoke about the history of this item, and incentivizing hotel
remodels. She said she sees this as a ten-month experience, and that she’s
willing to try the incentive program.
Councilmember Richards said he can’t vote to waive the fees, but he will
encourage a payback later in the project.
Action: Chairperson Hardy moved, seconded by Councilmember Richards, to direct staff
to bring back all options involved in this kind of a deferral and waiver program in
October with an analysis to evaluate the financial benefit for all properties in the
Commercial District.
AYES: RICHARDS, REIMERS, HARDY
NOES: NONE
RECUSED: THEIS, DALLAS
Chairperson Hardy called a 5-minute break at 6:20 p.m.
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 4 of 12

The Council reconvened at 6:29 p.m.
ORDERS OF BUSINESS
Item 2: Update on History of Legal Proceedings and Council Decisions Regarding the
Flanders Mansion Property.
Assistant City Attorney Jon Giffen presented his report providing a brief overview
of the Flanders Mansion legal history.
Mayor Dallas opened the Public Hearing at 6:42 p.m.
Les Albiol believes this Council is at a particularly unique position to go forward
with a curatorship, and he asked the Council to please consider this course of
action.
Skip Lloyd believes a fresh ;look at the EIR will probably be necessary.
Gene Hughes said Flanders is a unique asset favors a curatorship.
Karen Ferlito urged Council not to create a holding within the park. A curatorship
would be the best way to move forward.
Richard Kreitman reminded Council about the election of 2009 when the vote
went against retaining ownership of the mansion. He doesn’t see the mansion as
an asset.
Mary Ponder urged the Council to move forward with the curatorship.
Barbara Livingston said this Council could distinguish itself in finding a solution to
the mansion issue. She prefers the curatorship option.
Trish Albiol spoke in favor of curatorship.
Birdie Bialek Elliott said the idea of curatorship is exciting, and thinks it would be a
welcome addition to the neighborhood.
Mike Brown also supports a curatorship, and suggested thirty days for proposals.
Melanie Billig said the Flanders Foundation Board feels strongly about the need
for an RFP process, which could be done quickly.
Mayor Dallas closed the Public Hearing at 7:00 p.m.
After discussion, the consensus was that a curatorship is an attractive option.
Item 3: Approving and Ratifying Resolution No's: 2016-037, 2017-062, 2017-090, 2018-
040, 2018-041 and 2018-058 Related to the Police Department Renovation.
Councilmember Reimers recused herself because of an inadvertent conversation
with a Planning Commissioner.
Mayor Dallas recused himself due to proximity.
Mayor pro tem Theis carried on the meeting, explaining that some resolutions
previously passed needed to be ratified, and some needed to be ratified and
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 5 of 12

possibly amended. One councilmember, being within 500 feet, voted upon these
resolutions, making it necessary to go through them one at a time for ratification.
The first resolution is to adopt the fiscal year budget for 2016-2017.
Resolution 2018-080
RATIFYING RESOLUTION NO. 2016-037 BY ADOPTING RESOLUTION NO.
2018-080.
The public hearing was opened and closed at 7:20 p.m.
Action: Councilmember Hardy moved, seconded by Councilmember Richards, to adopt
Resolution 2018-080, ratifying Resolution No. 2016-037 and adopting the budget
for 2016-2017.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Resolution 2018-081
RATIFYING RESOLUTION NO. 2017-062 BY ADOPTING RESOLUTION NO.
2018-081.
The public hearing was opened and closed at 7:21 p.m.
Action: Councilmember Hardy moved, seconded by Councilmember Richards, to adopt
Resolution 2018-081, ratifying Resolution No. 2017-062 adopting the operating
budget of 2017-2018.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Resolution 2018-082
RATIFYING RESOLUTION NO. 2017-090 BY ADOPTING RESOLUTION NO.
2018-082.
This item authorizes the City Administrator to execute a Professional Services
Agreement with Kasavan Architects for design and construction support for a total
of $122,815. This money has already been spent so ratification is required at this
time.
The public hearing was opened and closed at 7:22 p.m.
Action: Councilmember Hardy moved, seconded by Councilmember Richards, to adopt
Resolution 2018-082, ratifying Resolution No. 2017-090 authorizing a
Professional Services Agreement with Kasavan Architects for design and
construction support.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 6 of 12

Resolution 2018-083
RATIFYING RESOLUTION NO. 2018-040 BY ADOPTING RESOLUTION 2018-
083.
Resolution authorizing the City Administrator to execute Amendment No. 1 to the
professional services agreement with Kasavan Architects for additional design
services for the Police Building Renovation and expansion project for a fee
increase including contingency of $74,534.
The Public Hearing was opened and closed at 7:22 p.m. and then returned to
Council for discussion.
Councilmember Hardy moved approval, seconded by Mayor pro tem Theis, of
the resolution to execute Amendment No. 1 to the professional services
agreement for additional design services in the amount of $74,534.
Councilmember Richards stated he couldn’t move forward with any of the
remaining resolutions unless we have a needs assessment plan for all entities on
this property, a master plan for the entire complex, and advice from Forest and
Beach Commission. This would be his statement throughout all the resolutions
and will continue to vote no until we have those plans and wanted to set a budget
and a timeline.
Mayor pro tem Theis said the building hasn’t had anything done to it in 50 years.
The Police Department has issues that need to be addressed sooner rather than
later. Her concern is that we live in earthquake country and we have an
emergency operations room in a basement with only one exit. It is not the ideal
place for an EOC.
Both Planning and Forest and Beach commissions reviewed the project and
provided feedback and suggestions to Council. Landscaping can be addressed.
She didn’t want the Chief to have to wait to get what he needs now and she didn’t
want to hold the project up. The Police Chief knows what he needs. She agreed
that a needs assessment can be done for Public Works which has problems and
can be next on the list. A needs assessment and a master plan could potentially
be more money than what we are trying to spend now.
Councilmember Hardy understood Councilmember Richards’s concerns and
acknowledged his good ideas and the need to address working conditions for the
Public Works building. She suggested doing these projects on parallel tracks--a
needs assessment at some point--and it wouldn’t change what is being done for
the Police Department whose needs are immediate. A needs assessment was
done with staff as part of the design process for the architect to develop the
current design. Having an assessment for the rest of the building would be
appropriate, but done on a parallel track to this project. We have not budgeted for
a needs assessment. It could be brought back to a future agenda, moving
forward with an assessment of public works at the same time we are moving
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 7 of 12

forward with the Police Department in addressing their needs. It would take care
of the community’s concerns and Councilmember Richards’ concerns. The
Forest and Beach Commission and the Planning Commission have met their task
by coming up with excellent recommendations to us and gave us what we
needed for the project.
Councilmember Richards agreed doing these on parallel tracks. He also agreed
with had a needs assessment by the Chief that was for a property room and a
dispatch center and that is what we should be building now. At the same time he
would like to do a needs assessment and a master plan for all the entities, for the
new building on the west side of Junipero.
The Public Hearing was re-opened at 7:22 pm with the suggestion that any discussion
about the design should take place during the next agenda item.
SPEAKING FROM THE FLOOR:
Gene Hughes
Jeff Baron
Georgina Armstrong
Barbara Livingston
The Public Hearing was closed at 7:35 p.m..
Public Works Director Bob Harary addressed public comments for clarification.
The project is in three parts: The start of this project was to address the
immediate needs of a property and evidence storage room. To do those
renovations of the building’s interior, an office has to be removed to convert it to
an ADA bathroom. That represents two-thirds of the project.
Because it is unlikely anything else will be done to this building in the next 50
years, staff looked into the EOC which is also deficient now. By bringing it
upstairs, modernizing it and using it as a training room we have the ability to build
that to withstand an earthquake. The communications element requires antennas
and 911 equipment and is the reason the EOC is in the Police station. The office
space was added to the little space left to address the department’s future need.
That is how the project developed.
Mr. Harary is the contract administrator, as this is his area of expertise, and he
negotiated the amendment with the architect. He has been doing this type of work
for 34 years. The full scope of the project was not fully flushed out in the original
RFP/contract. The $74,000 is for the additional work in the building and the third
part of the plan.
Action: Councilmember Hardy moved to close debate on this item. Councilmember
Richards objected. The Mayor pro tem allowed further discussion, after which
Councilmember Hardy moved, seconded by Councilmember Theis, to approve
Resolution No. 2018-040 by adopting Resolution 2018-083, authorizing the City
Administrator to execute Amendment No. 1 to the Professional Services
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 8 of 12

Agreement with Kasavan Architects for a fee increase including contingency of
$74,534.
AYES: HARDY, THEIS
NOES: RICHARDS
RECUSED: REIMERS, DALLAS
Resolution 2018-084
RATIFYING RESOLUTION NO. 2018-041 BY ADOPTING RESOLUTION NO.
2018-084.
Receive the Fiscal Year 2018-19 proposed capital improvement plan that
included the Police Department and refer the capital improvement plan to the
Planning Commission for General Plan consistency review. This has already
been done.
Councilmember Richards inquired about spending from this budget. As explained
by staff the spending for the Police Department will be for the construction phase.
But, this is the tentative list for all the capital improvement projects for the new
fiscal year that had already gone to the Planning Commission for consistency
review. It had nothing to do with the architect or design, as this reflects budgeted
money for all capital improvement projects for the current fiscal year. It tentatively
budgets for $1.5 million for the PD construction.
Mayor pro tem Theis clarified that we had already passed this budget and plan.
The only reason we are having to revisit it is that the Mayor voted on it when he
lives within 500 feet of the project. It’ the only reason we are having to re-do this.
The Public Hearing was opened.
Barbara Livingston, Mary Condry, Georgina Armstrong, and Mike Brown were in
favor of doing a needs assessment and master plan for the entire block.
Gene Hughes was concerned about the condition of the facilities and favored
planning for the entirety even though it is going to be more expensive than
renovating the building.
Mike Brown also said no question that something needs to be done for the
neglected Police Department situation.
Mayor pro tem Theis called for a break at 8:09 p.m. and reconvened at 8:17 p.m.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, to adopt
Resolution No. 2018-084, ratifying Resolution No. 2018-041.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 9 of 12

Resolution 2018-085
RATIFYING RESOLUTION NO. 2018-058, ADOPTING THE FISCAL YEAR
2018-2019 OPERATING BUDGET AND CAPITAL IMPROVEMENT PLAN
BUDGET
Councilmember Richards clarified that this resolution had nothing to do with the
design of the new Police Department building, and Mayor pro tem Theis agreed.
Action: Councilmember Hardy moved, seconded by Mayor pro tem theis, to adopt
Resolution No. 2018-085, ratifying Resolution No. 2018-058.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Item 4: Resolution 2018-088, Authorizing the Re-Appropriation of Unspent Fiscal Year
2017-18 Capital Projects Funds for the Police Department Renovation Project to
Fiscal Year 2018-2019.
Mayor pro tem Theis opened and closed the Public Hearing at 8:34 p.m.
Councilmember Hardy moved, seconded by Mayor pro tem Theis, to adopt
Resolution 2018-088.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Item 5: A Review of Forest and Beach and Planning Commissions' Recommendations
Regarding the Design of the Police Building Renovation and Expansion Project
and Provide Direction.
Public Works Director Bob Harary presented the overall objectives of the project
covering the repairs, safety issues, ADA requirements, expansion and renovation
of the old building. All three commissions reviewed the project. Historic
Resources Board deemed the building illegible to be listed on the inventory of
history places. The Forest and Beach Commission approved the removal of 11
non-significant trees in the planter and requested review of a landscaping plan
when available. He then focused on the Planning Commission recommendations
which were the heart of this topic setting forth the various design options for the
Council to decide.
Mayor pro tem Theis opened the Public Hearing at 8:42 p.m.
Barbara Livingston, Rich Pepe, Georgina Armstrong, Karen Ferlito, Melanie Billig,
and Mike Brown made comments on landscaping design, building design, and a
needs assessment.
The public hearing was closed at 8:47 p.m.
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 10 of 12

Chief Tomasi was asked to comment on the design of office space. First he
expressed appreciation for the outpouring of support for the Police Department.
He asked for trust from the community on what the department actually needs.
He has 25 years’ experience in law enforcement and knows what the department
needs as his assessment started 10 years ago. Needs assessments have been
done, by both he and Bob Harary for their respective departments, and they know
what they need in the buildings. The needs are for the EOC to be upstairs,
address ADA compliance and communications upgraded for efficiency and long-
term cost savings. The office space would be sufficient even if the building wall
was moved to the east.
Councilmembers Hardy and Theis expressed a desire to move forward with the
project. Councilmember Richards said he could not without a master plan. After
Council deliberations, the discussion moved to consideration of the Planning
Commission recommendations.
Action: After discussion of Recommendation #1, Councilmember Hardy moved,
seconded by Mayor pro tem Theis, to eliminate the enclosed patio with wall
extension.
AYES: HARDY, THEIS
NOES: RICHARDS
RECUSED: REIMERS, DALLAS
Recommendation #1 was adopted.
Action: After discussion of Recommendation #5, Councilmember Hardy moved,
seconded by Mayor pro tem Theis, to adopt the option to add natural stone
veneer cladding to the foundation walls as an optional additive bid item to the
project.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Recommendation #5 was adopted.
Action: After discussion of Recommendation #4, Councilmember Theis moved,
seconded by Councilmember Hardy, to adopt the recommendation to develop a
landscaping plan.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Recommendation #4 was adopted.
Action: After discussion of Recommendation #2, Councilmember Theis moved,
seconded by Councilmember Hardy, to adopt the recommendation to include a
raised planter strip to the extent possible. (This planter is along the Junipero
Street sidewalk.)
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 11 of 12

AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Recommendation #2 was adopted.
Mr. Harary presented Recommendation #3 as three options. Option #3A was to
reduce the width of the offices, pushing the new upper wall easterly by a few feet
and having a multiple-tiered landscaping, for a middle-of-the-road cost increase.
Option #3B would be the most costly to eliminate or reduce and shrink the corner
office, indent the walls at the corner to have a tree in the corner planter requiring a
lot of footings and walls to demolish and to construct. Option #3C is the design
team’s recommendation to do the building as designed and use the existing
walls, strengthened for seismic requirements and install a wider new planter at
the south of the building, at the side of the steps. That is the least costly of these
three and we would get the most landscaping possible in that option.
Councilmembers Richards wanted to go with the least costly option and Theis
and Hardy agreed.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, to adopt
Option #3C in the interest of keeping the costs down.
AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Recommendation #3C was adopted.
Council gave direction to make the changes and take these approved
recommendations back to the Commissions, then return them to Council. Council
also gave direction to bring back the parallel track idea to address the Public
Works needs and assessment for Council consideration.
City Administrator Rerig requested the parameters be defined for Commission
review. Councilmember Hardy stated that the Council is implementing the
Commissions’ recommendations in design. In discussion with staff, the
parameters would be to review the building as revised, being the least-costly
option. There was no need to revisit the materials again or colors. And we are
moving ahead with this architect.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, that staff be
directed to take these recommendations that are being implemented back to
Forest and Beach and the Planning Commission. To review the designs as
revised and once the footprint is established, then to come up with the
landscaping plan that Forest and Beach will review. After Commission review,
bring it back in two months to the City Council.
City Council Meeting Minutes
August 7, 2018
Attachment 2
Page 12 of 12

AYES: RICHARDS, HARDY, THEIS
NOES: NONE
RECUSED: REIMERS, DALLAS
Mayor pro tem Theis stated we all agree that we need to take a look at the Public
Works area and City Administrator Rerig has that in mind with our Capital
Improvements. The goal of this Council was to not only do yearly capital
improvements but have a five-year capital improvement plan. Staff can go back
and analyze the next steps for that project. The other councilmembers concurred.
FUTURE AGENDA ITEMS – None
ADJOURNMENT – 9:37 p.m.
APPROVED: ATTEST:

________________________________ _________________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
APPROVED:

________________________________
Carrie Theis, Mayor pro tem
Attachment 3

CARMEL-BY-THE-SEA CITY COUNCIL
SPECIAL MEETING MINUTES
Monday, September 10, 2018
CLOSED SESSION 3:30 P.M.
A. Labor Negotiations
B. Public Employee Evaluation (G.C. § 54957) City Administrator
C. Conference with Legal Counsel – Existing Litigation Pursuant to Government
Code Section 54956.9(D)(1) Name of Case: Jo-Ann Otlin V. City of Carmel and
Does 1 Through Doe 20, Inclusive, Respondents/ Defendants: Monterey County
Superior Court Case No.18CV001882.
D. Conference with Legal Counsel – Existing Litigation Pursuant to Government
Code Section 54956.9(D)(1) Name of Case: CalPERS v. City of Carmel,
Respondents/ Defendants.
E. Conference with Legal Counsel – Anticipated Litigation - Significant Exposure to
Litigation Pursuant to Government Code Section § 54956.9(D)(2); (E)(2):
F. (1 Case) Facts and Circumstance. Re: Allegations of Tortuous and Illegal Conduct by a
CityCouncilman.

OPEN SESSION 4:30 P.M.

CALL TO ORDER AND ROLL CALL
Present: Councilmembers Richards, Hardy, Theis, Reimers, Mayor Dallas
City Administrator Rerig, Ass’t. City Administrator Gullo, City Attorney
Mozingo, Public Safety Director Tomasi, Director of Contracts and Budget
Friedrichsen, Community Planning & Building Director Wiener, Director of
Libraries and Community Activities Wright, Public Works Director Harary,
Fire Chief Gaudenz, City Clerk Graves.

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Presentation - Monterey Peninsula Water Management District on the “Public
Water Now” Initiative
B. Presentation – Transportation Agency of Monterey County, “What's at Risk:
Local Projects Funded by Measure X and State Gas Taxes”

PUBLIC APPEARANCES
Judy Lehman
Jenny McMurdo
Georgina Armstrong
Susie d’Acre
Jen Traynor
Lynn Orubia
Jacqueline Woodward
Attachment 3

ANNOUNCEMENTS
Closed Session Item B. was continued until after the adjournment of the Open Session.
CONSENT AGENDA
Councilmember Reimers pulled Item 1 and offered written corrections to the August 6, 2018 meeting
minutes.
1. Monthly Reports for July: 1). City Administrator Contract Log; 2.) Community Planning
and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public
Records Act Requests, and 5.) Forester Reports.
Action: Councilmember Reimers moved, seconded by Councilmember Hardy, to approve
Item 1 of the Consent Agenda.
AYES: Richards, Hardy, Reimers, Theis, Dallas
NOES: None
Action: Councilmember Reimers moved, seconded by Councilmember Hardy, to
approve the remainder of the Consent Agenda.
AYES: Richards, Hardy, Reimers, Theis, Dallas
NOES: None
2. July 2018 Check Register Summary
3. Minutes of July 2, 2018, July 3, 2018, August 6, 2018 and August 7, 2018.
4. Resolution No. 2018-090, Approving a Change Order in the Amount of
$22,179 to Remedial Transportation Services for Removal of Contaminated Soil for the
Fuel Station Decommission Project and Authorizing a Supplemental Appropriation of
$22,179 to the Fiscal Year 2018-2019 Adopted Budget for the Fuel Station Decommission
Project
5. Resolution 2018-091 approving a one-year extension to the Landscape Maintenance
Services Contract with Town & Country Gardening for an additional fee of $114,923
6. Resolution No. 2018-092, Designating Voting Delegates for the League of California
Cities Annual Conference, September 12-14, 2018.
7. Resolution No. 2018-093, Authorizing the City Administrator to execute a Professional
Services Agreement with Fasulo Investigations.
8. Resolution 2018-094 Authorizing the City Administrator to Execute a Professional
Services Agreement with the Chamber of Commerce for Operating the Visitor Center,
and
Resolution 2018-095 Authorizing the City Administrator to Execute a Professional
Services Agreement with the Monterey County Convention and Visitors Bureau for
Destination Marketing
9. Resolution 2018-096, Supporting the Submittal of Applications for all CalRecycle Grants
for which the City of Carmel-by-the-Sea is Eligible
Attachment 3

10. Resolutions 2018-097 (John Ley), 2018-098 (Tope's), 2018-099 (West Coast Arborists),
2018-102 (Iverson's), and 2018-103 (Community Tree Service) Authorizing the City
Administrator to execute On-Call Tree Maintenance Services Contracts for a combined
total fee of $391,800 and one year terms.
11. Resolution No. 2018-100, Declaring October 3, 2018 as "California Clean Air Day."
12. Resolution 2018-101, Authorizing a Refund of Special Event Fees of
$1,305 to Steven Nannini
13. Resolution 2018-104, Declaring the 1998 Ford Explorer Fire Inspection Vehicle, 1994
Ford F250 Facilities Vehicle, and 1989 Police Harley Davidson Motorcycle as Surplus
and Authorizing Their Sale.

ORDERS OF BUSINESS
14. Receive a presentation of the City’s Draft Strategic Plan, Vision, Guiding Values as well as
an update on the 2018 Work Program, and provide direction to staff.
SPEAKING FROM THE FLOOR:
Jeff Baron

City Administrator Rerig expressed some disappointment that more people were not in
attendance for the discussion. He said department heads want to complete a similar process to
develop departmental strategic plans.

Councilmember Hardy said that the language was left intentionally broad for adoption into work
plans.

This will come back in January for additional review and adoption.
FUTURE AGENDA ITEMS - None
ADJOURNMENT – 5:56 p.m.
The City Council returned to the conference room to hear Item B. Public Employee Evaluation (G.C. §
54957) City Administrator.
APPROVED: ATTEST:

______________________________
Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk
Attachment 4

REGULAR MEETING MINUTES
Tuesday, September 11, 2018
OPEN SESSION
4:30 PM
TOUR OF INSPECTION 3:00 P.M.
Item A: PG&E’s Gas Pipeline Project Area.
CALL TO ORDER AND ROLL CALL – 4:30 P.M. All present.
Present: Councilmembers Richards, Hardy, Theis, Reimers, Mayor Dallas
City Administrator Rerig, Ass’t. City Administrator Gullo, City
Attorney Mozingo, Public Safety Director Tomasi, Director of
Contracts and Budget Friedrichsen, Community Planning &
Building Director Wiener, Director of Libraries and Community
Activities Wright, Public Works Director Harary, Fire Chief
Gaudenz, City Clerk Graves.
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
Item A: A Moment of Silence to Honor the 17th Anniversary of the September 11th
Attacks.
Item B: Proclamation Honoring the Friends of Harrison Memorial Library .
Item C: Proclamation Honoring the Carmel Public Library Foundation.
ANNOUNCEMENTS
Councilmember Hardy reported on Monterey-Salinas transit, which took delivery of two electric
busses recently. MST has experienced its highest ridership since 2008, mostly due to military and
campus partnerships, and ended the year with a surplus.
The City Attorney announced that the fourth and final division of the City Attorney’s office will be
established as of October 4, 2018. The four divisions are: 1.) Advisory; 2.) Civil; 3.) Criminal and 4.)
Consumer Protection Division, which will enforce consumer rights.
The report out of the September 10, 2018 Closed Session was:
A. Labor Negotiations. The council discussed this item and made no decision.
B. Public Employee Evaluation – City Administrator: The council discussed this item and made
no decision.
C. Existing Litigation – Otlin - The council discussed this item and advised
counsel.
D. Existing Litigation - CalPERS – Council discussed the item and advised Counsel. This item
may be concluded as early as October 2018.
E. Significant Exposure to Litigation - The council discussed this item and advised counsel.
PUBLIC APPEARANCES
Georgina Armstrong spoke about Item E.
City Council Meeting Minutes
September 11, 2018
Attachment 4
Page 2 of 5
Mark Bayne – spoke about speed limits.
Chris Mack – spoke about the Eastside Parkway.
Gina Jett – spoke in favor of Measure J.
Seth Parker – spoke representing Carmel River Dads.
Doug Wilhelm – spoke in favor of Measure J.
Jeff Burkhart – spoke about Carmel Art Walk and Meet the Makers.
Cynthia Buhl – spoke about Carmel Art Walk and Meet the Makers.
Pat Benza – spoke in favor of Measure J.
Lauren Banner – Proposed Arts and Crafts at the Farmers’ Market
Barbara Livingston – Announced a Candidate Forum, 9/27, Carpenter Hall 7-9 pm
Maria Sutherland – Presented a plaque to donors of Friends of Carmel Forest

There was a brief discussion between the City Attorney and Councilmember Richards
about a response to a question about Item E.
PUBLIC HEARINGS
Item 1: Receive Public Testimony Regarding the Establishment of the Carmel Restaurant
Improvement District and the Levying of an Assessment on Certain Restaurant Business
Owners Located Within the District Boundaries.
Director of Contracts and Budgets Friedrichsen gave the staff report.
Mayor Dallas opened the Public Hearing at 5:36 p.m.
An unidentified man asked if the City would refuse his Business License if he refused to
pay.
Jeff LeTowt spoke in opposition
Bashar Sneeh spoke in support
Richard Kreitman spoke in support
Richard Pepe spoke in support
Christine Sandeen spoke in support
Barbara Livingston spoke in support
Mayor Dallas closed the Public Hearing at 5:47 p.m.
In response to the first speaker, Mr. Rerig said that all restaurants would be required to
pay, and that failure to do so would result in the restaurant being entirely removed from
marketing. The Business License would not be affected.
Item 2: First Reading - Ordinance No. 2018-004, Amending Municipal Code Chapter 2.28
"Community Activities and Cultural Commission".
Director of Libraries and Community Activities Ashlee Wright gave the staff report.
Mayor Dallas opened and closed the Public hearing at 5:55 p.m.
Action: Councilmember Hardy moved, seconded by Councilmember Reimers, to Amend
Municipal Code Chapter 2.28 titled "Community Activities and Cultural Commission.
Councilmember Hardy suggested on Page 10, second paragraph, second line, to
excise “and cultural.”
AYES: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
City Council Meeting Minutes
September 11, 2018
Attachment 4
Page 3 of 5

Item 3: Second Reading - Ordinance No. 2018-003, Repealing Carmel Municipal Code
(CMC) Chapters 8.32, Fire Code; 8.64, Property Nuisances; and 8.72
Community Floodplain; Amending CMC Chapter 8.56, Noise Regulation; and
Amending Title 15 (Buildings and Construction) by Adopting the 2016 Editions of
the California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical,
and Green Building Standards Codes with Local Amendments; and Adopting
new Chapters 15.55, California Fire Code; 15.56, Community Floodplain; and
15.57, Property Nuisances.
Mayor Dallas opened and closed the Public Hearing at 5:58 p.m.
Councilmember Reimers said the date of adoption should be changed to
September 11, 2018.
Action: Councilmember Hardy moved, seconded by Mayor pro tem Theis, to Finally
adopt Ordinance No. 2018-003, Repealing Carmel Municipal Code (CMC)
Chapters 8.32, Fire Code; 8.64, Property Nuisances; and 8.72 Community
Floodplain; Amending CMC Chapter 8.56, Noise Regulation; and Amending Title
15 (Buildings and Construction) by Adopting the 2016 Editions of the California
Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and Green
Building Standards Codes with Local Amendments; and Adopting new Chapters
15.55, California Fire Code; 15.56, Community Floodplain; and 15.57, Property
Nuisances.
AYES: RICHARDS, HARDY, REIMERS, THEIS, DALLAS
NOES: NONE
ORDERS OF BUSINESS
Item 4: Receive an Update on the Residential Curator and Ground Lease Options
Regarding the Use of the Flanders Mansion, Provide Direction to Staff on these
Options and Consider the Adoption of Resolution 2018-089, Endorsing a Long-
Term Curatorship for the Flanders Mansion.

Director of Contracts and Budgets Friedrichsen gave the staff report.
Mayor Dallas opened the Public Hearing at 6:01 p.m.
Lauren Banner – spoke in favor of a curatorship
Skip Lloyd - spoke in favor of a curatorship
Mike Brown - spoke in favor of a curatorship
Melanie Billig - spoke in favor of a curatorship
Barbara Livingston - spoke in favor of a curatorship
Sue McCloud – Asked that a decision be postponed until additional information
could be received.
Bertie Bialek Elliot - spoke in favor of a curatorship
City Council Meeting Minutes
September 11, 2018
Attachment 4
Page 4 of 5
Councilmember Reimers said she is not opposed to a curatorship, but is
concerned about costs. A curator will have a need for privacy. She sees Mr.
Lloyd’s letter as a challenge for curators living in the house.
Councilmember Richards asked for clarification about the escrow account.
Mr. Rerig said the intention is to set it up like a performance bond. The decision
about the amount of it is up to council.
Councilmember Hardy said she asked for an update on Flanders when she was
appointed to council two years ago, and that she commends Ms. Friedrichsen for
the thorough staff report. She is in favor of a curatorship, but is concerned about
the minimal annual investment, which she thinks is low. She also believes the
submittal deadline is tight, and that eight weeks seems better. She suggested
frontloading the escrow account, but was unsure of how much wouls be needed.
Mayor Dallas agreed that the escrow account should be frontloaded, at least for
the first five years. Inspecting the house onceper year seems in order, and he
thinks six weeks is plenty of time for submittals.
Mayor pro tem Theis said she is also pro the curatorship option. It is a way to
improve the property and respect its historical nature. The EIR outlines the
Conditions to take, and 60,000-75,000 per year in rent seems right, although the
annual fee for restoration needs to be higher. She thinks eight weeks is good for
submittals, and that the post of curator should be widely advertised.
Councilmember Reimers reiterated that she has basic concerns. She wants
people to enjoy a private home for private reasons. The driveway should be their
driveway, the porch should be theirs, too.
Councilmember Richards agreed with Ms. Theis, except for casting a wide
Item 5: Receive a Presentation and Authorize Issuance of an Encroachment Permit for
PG&E's Gas Pipeline Project.
Mayor pro tem Hardy and Councilmember Reimers were recused from this
item.
Joe Foster spoke on behalf of PG&E.
Councilmember Hardy said she would have preferred more choices about the
route.
Mayor Dallas proposed as COA’s adding videotaping of sewer laterals before
and after the work as well as sewer mains, a $500,000 bond for trees for up to
five years, and one million dollars bond for paving.
SPEAKING FROM THE FLOOR:
Jeff Baron
Barbara Livingston
City Council Meeting Minutes
September 11, 2018
Attachment 4
Page 5 of 5
Councilmember Richards said he liked the purple gasline option, but he
understands why the park must be protected.
Mayor Dallas said he preferred the purple line, too.
Councilmember Hardy does not like the yellow line, saying it’s disruptive to
commercial activities, but feels it’s already past the halfway point. She is
concerned that going through the p[ark will trigger a CEQA review, and she
wants to push forward.
Mayor Dallas wants to investigate whether or not there is an easement through
the park.
Mayor Dallas moved to ask PG&E to bring this item back with a report on the
easement between Camino Del Monte and Second Avenue. The motion died for
lack of a second.
Councilmember Richards said he was inclined to agree with Councilmember
Hardy on this issue.
Mr. Foster said PG&E’s position is that there is no easement through the park.
Action: Councilmember Hardy moved, seconded by Councilmember Richards, to
Authorize Issuance of an Encroachment Permit for PG&E's Gas Pipeline Project
adding Conditions 51, a $500,000 bond for tree damage for five years, Conditin
52, $Million bond for paving and slope issues, Condition 53, Sewer laterals and
mains must be videotaped before and after, Condition 54, a Hold Harmless
Agreement, and Condition 55, an informational program to businesses along the
route, and compensation for private property and business damage losses.

AYES: HARDY, RICHARDS
NOES: DALLAS
RECUSALS: REIMERS, THEIS
ABSENT: NONE
Upon a question from the Mayor, Mr. Foster said that he understood all the
Conditions of Approval and that all Conditions were accepted by PG&E.
FUTURE AGENDA ITEMS - None
ADJOURNMENT – 8:46 p.m.
APPROVED: ATTEST:

________________________________ ________________________________ _

Steve G. Dallas, Mayor Thomas A. Graves, MMC
City Clerk