CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
Mayor Steve G. Dallas, Council Members Carolyn
All meetings are held in the City Council Chambers
Hardy,
East Side of Monte Verde Street
Jan Reimers, Bobby Richards, and Carrie Theis
Between Ocean and 7th Avenues
Contact: 831.620.2000 www.ci.carmel.ca.us/carmel
CITY COUNCIL SPECIAL MEETING - WORKSHOP
Monday, March 5, 2018
CLOSED SESSION
4:00 P.M.
OPEN SESSION
5:30 PM
CALL TO ORDER AND ROLL CALL
CLOSED SESSION
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
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
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
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
E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of
Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393
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): 2 cases
G. FAIR POLITICAL PRACTICES RULING OF FEBRUARY 16, 2018.
OPEN STUDY SESSION 5:30 PM
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS
PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public
Appearances. Each person's 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 Commission's 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.
EXTRAORDINARY BUSINESS
A. Monterey-Salinas Transit Presentation
B. Monterey County Convention & Visitors Bureau Presentation
C. Monterey Bay Community Power Presentation
D. Pacific Gas & Electric Presentation,New Gas Line Project
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.
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to
staff, and/or action.
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 City's webpage http://www.ci.carmel.ca.us/carmel/ on Study Session OK 2-
21 in accordance with the applicable legal requirements.
__________________________________
Thomas A. Graves, MMC
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 Clerk's 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 Clerk's 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.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 5, 2018
CLOSED SESSION
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Tom Graves, MMC - City Clerk
APPROVED BY: Chip Rerig, City Administrator
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
SUBJECT:
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of
Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393
RECOMMENDATION:
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 5, 2018
EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Tom Graves, MMC - City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Monterey-Salinas Transit Presentation
RECOMMENDATION:
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 5, 2018
EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Tom Graves, MMC - City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Monterey County Convention & Visitors Bureau Presentation
RECOMMENDATION:
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 5, 2018
EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY:
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Monterey Bay Community Power Presentation
RECOMMENDATION:
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 5, 2018
EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works
APPROVED BY: Chip Rerig, City Administrator
Pacific Gas & Electric Presentation,New Gas Line Project
SUBJECT:
RECOMMENDATION:
Staff recommends that the City Council receive the presentation, and allow for comments and questions from the
public.
BACKGROUND/SUMMARY:
Public Works and Community Planning and Building have been meeting with representatives of Pacific Gas and
Electric Company (PG&E) recently to review PG&E's proposed new gas line project and consider various pipeline
alignments. PG&E and staff now agree that the safest and most practical route would be as follows (from west to
east): North San Antonio from the Pebble Beach gate south to Fourth Avenue, continuing east along on
Fourth Avenue to San Carlos, where it will be turning north and continue to Camino del Monte, then heading
northeast along Camino del Monte to the City limits. The alignment is depicted on the attached alignment map.
The pipeline will have a total length of 4,900 feet (slightly less than one mile), and the pipeline trench will average
4 feet deep. Construction will proceed one block at a time. Following completion, there will be no new above
ground facilities, and no property easements are needed. PG&E believes that this project is exempt from the
requirements of the California Environmental Quality Act, staff will be reviewing this as the project design
develops.
At the March 5, 2018 Council Study Session, Public Works and PG&E will introduce the proposed project to
the City Council and public. Because this item was postponed from the February Council meeting, updated
notifications of this presentation have been sent to properties within 300 feet of the alignment.
As part of the Encroachment Permit process, staff will develop Special Conditions customized to this unique
project. With comments from the community, these Special Conditions will be tailored to minimize disruption to
residents along the alignment, protect or restore City and other utility facilities that may inadvertently be
damaged, address traffic control issues, and provide a safe environment for the construction crews.
This project will benefit from the special conditions of an encroachment permit model recently implemented by
the City of Monterey which significantly reduced impacts during construction of Cal Am Water's Monterey
Pipeline, a considerably larger pipeline which traversed five miles across that city.
Preliminarily, the Special Conditions will include the following requirements prior to and during construction:
· Traffic control and detour plans, including accommodations for pedestrians
· Pre-construction potholing and protection of City storm drains, CAWD sewer facilities,
and Cal Am water lines that cross above or below the new gas pipeline
· 24/7 Emergency contact information
· Asphalt trench sawcutting, backfill, and temporary repaving – daily if warranted, to
prevent road closures over nights and weekends
· Coordination w/Carmel Police, Fire, Schools, MST, GreenWaste, Pebble Beach, etc.
· Protection of all trees and consultations between PG&E's arborist and the City Forester
should any trees need to be pruned
· Possible shutdowns during City and Pebble Beach special events
· Updated construction schedules on a weekly basis
· Invitations to City staff for construction meetings and copies of meeting minutes
· Results of soil compaction and asphalt density testing by an independent laboratory
· Increased insurance limits appropriate to the complexity of construction
· Continuation of public outreach, including a hotline phone number for public concerns
Should the project proceed into construction, Public Works staff would lead the oversight of the project and help
resolve problems as they arise. The Directors of Public Works and Public Safety have the authority to
immediately shut down the project if serious problems or safety issues arise.
At this time, construction is anticipated to begin in late May and be completed by early November. Anticipated
Special Conditions promptly following completion of the gas pipeline will include:
· Reconstruction of damaged asphalt pavement to the City's satisfaction
· Asphalt pavement resurfacing (overlay or slurry seal) along the alignment
· Restoration of any damaged asphalt berms and swales
· Restoration of centerline stripes and pavement markings
· Submittal of as-built plans
FISCAL IMPACT:
There is no fiscal impact at this time. However, as staff becomes increasingly involved with oversight and inspection of
this project, especially during construction, an agreement with PG&E will be developed so that PG&E reimburses the
City for any actual City labor costs and expenses incurred.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
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