CITY COUNCIL AMENDED SPECIAL MEETING AGENDA, November 2, 2015, 12:00 P.M.

Amended Special Meeting 11-02-15 Schmitz

CITY OF CARMEL-BY-THE-SEA
AMENDED CITY COUNCIL AGENDA
SPECIAL MEETING
MONDAY, November 2, 2015
12:00 P.M.

Ten Noteworthy 2 November 2015 City Council Special Meeting Agenda Items

ABSTRACT: Ten Noteworthy 2 November 2015 City Council Special Meeting Agenda Items, namely CLOSED SESSION, ANNOUNCEMENTS, PUBLIC APPEARANCES, CONSENT CALENDAR including Monthly Reports for the Month of September, Authorize the Purchase of Recyclable Materials and Yard Waste Trimming Carts, Receive a report on the North Dunes and Del Mar Dunes Habitat Restoration Plan, subsequent revisions to that plan, and prior Commission and Council actions with regards to the North Dunes and Del Mar Dunes., Consideration of a Resolution Declaring City's Intent to Establish the Carmel Hospitality Improvement District, Consideration of a Resolution calling the April 12, 2016, General Municipal Election for the purpose of electing a Mayor for a term of two (2) years and two members of the City Council for a term of four years each and requesting that the Monterey County Registrar of Voters (ROV) conduct the election; and authorizing the City Administrator to enter into an agreement with the Registrar of Voters to conduct the election, Adoption of a Resolution approving the transfer of $855,000 from the Measure D fund balance for street paving and sidewalk projects and Authorization of staff to send a letter to TAMC seeking approval for directing monies to the Carpenter Street repaving project and Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center, are presented. Council Reports and supporting materials are embedded as document copies.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

SPECIAL MEETING

Monday, November 2, 2015

CLOSED SESSION 4:30 P.M.

OPEN SESSION 5:30 P.M.

Special Meeting Agenda 11-02-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Monday, November 2, 2015

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

CLOSED SESSION

1. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 3 cases

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey County Superior Court Case No. M132929

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton, Plaintiff v. City of Carmel-by-the-Sea, Equal Employment Opportunity Commission Charge No. 485-2014-00453

ANNOUNCEMENTS

Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney.

PUBLIC APPEARANCES

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded.

CONSENT CALENDAR

All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

8. Monthly Reports for the Month of September (p.25)
a. Contracts executed within the City Administrator’s Signing Authority
b. Community Planning and Building Department Reports
c. Police, Fire, Ambulance and Beach Reports
d. Public Records Act Request Logs – City Clerk and Police
e. Forester’s Report
f. City Treasurer’s Report

Monthly Reports 11-02-15

9. AB 1034 Authorize the Purchase of Recyclable Materials and Yard Waste Trimming Carts.

Purchase of Recyclable Materials and Yard Waste Trimming Carts 11-02-15

12. AB 1037 Receive a report on the North Dunes and Del Mar Dunes Habitat Restoration Plan, subsequent revisions to that plan, and prior Commission and Council actions with regards to the North Dunes and Del Mar Dunes.

Report on the North Dunes and Del Mar Dunes Habitat Restoration Plan11!02!15

14. AB 1039 Consideration of a Resolution Declaring City's Intent to Establish the Carmel Hospitality Improvement District.

Carmel Hospitality Improvement District 11-02-15

15. AB 1040 Consideration of a Resolution calling the April 12, 2016, General Municipal Election for the purpose of electing a Mayor for a term of two (2) years and two members of the City Council for a term of four years each and requesting that the Monterey County Registrar of Voters (ROV) conduct the election; and authorizing the City Administrator to enter into an agreement with the Registrar of Voters to conduct the election.

General Municipal Election 11-02-15

21. AB 1046 Adoption of a Resolution approving the transfer of $855,000 from the Measure D fund balance for street paving and sidewalk projects and Authorization of staff to send a letter to TAMC seeking approval for directing monies to the Carpenter Street repaving project.

Street Paving and Sidewalk Projects 11-02-15

ORDERS

Orders of Council are agenda items that require City Council discussion, debate and/or direction.

23. AB 1048 Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center.

New Agreement Between the City & SCC 11-02-15

Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center.

Seven Noteworthy 3 November 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Seven Noteworthy 3 November 2015 City Council Regular Meeting Agenda Items, namely ANNOUNCEMENTS, PUBLIC APPEARANCES, Beach Fires Pilot Program Options, First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea declaring beach fires a public nuisance, First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea adding a section to Title 8 - Health and Safety of the Carmel-by-the-Sea Municipal Code relating to smoking in the commercial and other zoning districts, public lands, and rights-of-way within said districts, Consideration of an appeal of the Planning Commission's decision to deny a Use Permit (UP 15-261) application for the establishment of a specialty food store (Carmel Chocolate Factory) at a property located in the Central Commercial (CC) Zoning District and Consideration of an appeal of the Planning Commission’s decision to deny the reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) Zoning District, are presented. Agenda Bills and supporting materials are embedded as document copies

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

REGULAR MEETING

Tuesday, November 3, 2015

4:30 P.M

Regular Meeting Agenda 11-03-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, November 3, 2015

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS

Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney.

PUBLIC APPEARANCES

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded.

ORDERS

Orders of Council are agenda items that require City Council discussion, debate and/or direction.
4. AB 1050 Beach Fires Pilot Program Options.

Beach Fires Pilot Program Options 11-03-15

PUBLIC HEARINGS

Public Hearings consist of Zoning amendments, General Plan amendments, appeals of Commission decisions and other State-mandated items. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have an opportunity to rebut public comments. Other speakers will be allowed three minutes.

5. AB 1051 First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea declaring beach fires a public nuisance.

Beach Fires a Public Nuisance 11-03-15

6. AB 1052 First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea adding a section to Title 8 - Health and Safety of the Carmel-by-the-Sea Municipal Code relating to smoking in the commercial and other zoning districts, public lands, and rights-of-way within said districts.

Smoking 11-03-15

7. AB 1053 Consideration of an appeal of the Planning Commission's decision to deny a Use Permit (UP 15-261) application for the establishment of a specialty food store (Carmel Chocolate Factory) at a property located in the Central Commercial (CC) Zoning District.

Carmel Chocolate Factory Appeal 11-03-15

8. AB 1054 Consideration of an appeal of the Planning Commission’s decision to deny the reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) Zoning District (New planning application case numbers: DR 14-36 and UP 14-20).

Carmel Sands Hotel 11-03-15

Consideration of an appeal of the Planning Commission’s decision to deny the reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) Zoning District (New planning application case numbers: DR 14-36 and UP 14-20).

Two Noteworthy 6 October 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Two Noteworthy 6 October 2015 City Council Regular Meeting Agenda Items, namely ANNOUNCEMENTS Short-term Rentals - Don Freeman, City Attorney and City of Carmel-by-the-Sea Emergency Plan Update, are presented.  The AGENDA and Council Reports document copies are embedded. 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

REGULAR MEETING

Tuesday, October 6, 2015

Agenda Regular Meeting 10-06-15

CITY COUNCIL AGENDA
REGULAR MEETING
October 6, 2015

ANNOUNCEMENTS

Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney.

3. Short-term Rentals - Don Freeman, City Attorney

ORDERS

Orders of Council are agenda items that require City Council discussion, debate and/or direction.

5. AB 1032 City of Carmel-by-the-Sea Emergency Plan Update

Emergency Operation Plan Update 10-06-15

City of Carmel-by-the-Sea Emergency Plan Updat

CITY COUNCIL: SPECIAL/WORKSTUDY MEETING, 31 August 2015

Special-workstudy Meeting 8-31-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
SPECIAL / WORKSTUDY MEETING
Monday, August 31, 2015
CLOSED SESSION 4:30 P.M.
OPEN SESSION 5:30 P.M.
(includes 2015-2023 Housing Element, City of Carmel-by-the-Sea, Draft, August 2015)

CITY COUNCIL: Minutes of the Special Meeting of August 3, 2015, Minutes of the Regular Meeting of August 4, 2015 & Minutes of the Special Meeting of August 6, 2015

Minutes 09-01-15

CITY COUNCIL
Minutes of the Special Meeting of August 3, 2015
Minutes of the Regular Meeting of August 4, 2015
Minutes of the Special Meeting of August 6, 2015

CITY OF CARMEL-BY-THE-SEA ADOPTED ANNUAL BUDGET FY 2015-16

Carmel Adopted Annual Budget FY 2015-16

CITY OF CARMEL-BY-THE-SEA

ADOPTED ANNUAL BUDGET
FY 2015-16

CITY COUNCIL SPECIAL MEETING AUGUST 6, 2015: Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires

Carmel Beach is turning into a charcoal pit. 

CCC Bill Analysis W5b-3-2014

AB1102 (Allen) Public Resources Code: coastal resources

This bill would delay the implementation of any rule or regulation to eliminate or restrict beach burning in existing fire rings until such time as the local government with jurisdiction obtains a coastal development permit (CDP) to do so. The bill clarifies that any CDP issued to remove beach fire rings or restrict their use must comply with all requirements of the Coastal Act.

Introduced 02/22/13

Last Amended 01/17/14

Status Senate E.Q. Committee and Senate N.R. & W. Committee

Commission Position Recommend Support, analysis attached

AB-1102 Beach fire rings: coastal development permit.(2013-2014)

SECTION 1. Section 30607.8 is added to the Public Resources Code, to read:

30607.8.
(a) For purposes of this section, “beach fire ring” means a device in which recreational or ceremonial burning occurs that is located on a beach in the coastal zone.
(b) Notwithstanding subdivision (b) of Section 30005, the removal or restriction of the use of a beach fire ring by a city or county, including a charter city or charter county, shall be subject to the requirements of this division and any other applicable regulatory requirements.
(c) (1) An application for a coastal development permit to remove or restrict the use of a beach fire ring shall include an analysis of alternatives and mitigation measures that would avoid or minimize the need to remove or restrict the use of a beach fire ring.
(2) An application for a coastal development permit submitted pursuant to this section and that may be approved through a waiver procedure shall not be unreasonably denied by the commission at a public hearing. A decision on the application shall be expedited to the maximum extent feasible.
(d) Nothing in this section affects the applicability of Section 30414.
(e) Nothing in this section prohibits the City of Newport Beach from distributing charcoal free of charge for use in a beach fire ring within 700 feet of a residence.
SEC. 2.
The addition of Section 30607.8 to the Public Resources Code made by this act does not constitute a change in, but is declaratory of, existing law and clarifies potential conflicting interpretations.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

CALIFORNIA BEACHES
California Beach Bonfires

California Beach Bonfires Map

Newport Beach's fire rings comply with air quality rules, agency says
By Amy Senk
FEBRUARY 4, 2015

At last, California Coastal Commission says Newport Beach may keep its fire rings

By Hannah Fry
JUNE 11, 2015

Special Meeting Agenda Packet 8-06-15

CITY COUNCIL SPECIAL MEETING AGENDA PACKET
AUGUST 6, 2015
Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires.

CITY COUNCIL: Minutes of the Special Meeting of July 6, 2015, Minutes of the Regular Meeting of July 7, 2015 & Minutes of the Special Meeting of July 15, 2015

Minutes July 6, 7, 15, 2015 8-04-15

CITY COUNCIL
Minutes of the Special Meeting of July 6, 2015
Minutes of the Regular Meeting of July 7, 2015
Minutes of the Special Meeting of July 15, 2015

CITY COUNCIL SPECIAL MEETING, JULY 15, 2015: Agenda Item Consideration of Options for the Forest Theater Project, including: Handicapped Parking, West Pathway and Driveway, and Vehicular Access Location(s)

Special City Council Meeting Agenda Packet 07-15-15

 CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
SPECIAL MEETING AGENDA PACKET
WEDNESDAY, JULY 15, 2015

CITY COUNCIL: Minutes for the May 4, 2015 Special Meeting, the May 5, 2015 Regular Meeting, the May 6, 2015 Special Meeting, the June 1, 2015 Special Meeting, the June 2, 2015 Regular Meeting and the June 15, 2015 Special Meeting, July 29, 2015

Minutes 07-07-15.pdf

City Council Minutes  

Minutes of the Special Meeting of May 4, 2015 
Minutes of the Regular Meeting of May 5, 2015 
Minutes of the Special Meeting of the May 7, 2015 
Minutes of the Special Meeting of June 1, 2015 
Minutes of the Regular Meeting of June 2, 2015 
Minutes of the Special Meeting of June 15, 2015 
Minutes of the Special Meeting of July 29, 2015

CITY COUNCIL SPECIAL MEETING AGENDA, June 29, 2015

Special Meeting Agenda Packet 06-29-15

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL SPECIAL MEETING AGENDA PACKET
June 29, 2015

WASTE MANAGEMENT vs. GREENWASTE RECOVERY RATES COMPARISION for Residential Rates for Solid Waste, Recyclable Materials, and Yard Trimmings

ABSTRACT: With the transition from Waste Management (WM) to GreenWaste Recovery (GWR) on July 1, 2015, TABLE I: COMPARISION OF WASTE MANAGEMENT vs. GREENWASTE RECOVERY RATES for Residential Rates for Solid Waste, Recyclable Materials, and Yard Trimmings, including percentage residential rate increases from Waste Management to GreenWaste Recovery, is presented. The FRANCHISE AGREEMENT BETWEEN CITY OF CARMEL-BY-THE-SEA AND GREENWASTE RECOVERY, INC. FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION SERVICES, JUNE 19, 2014 document copy is embedded, with HIGHLIGHTS featured.
NOTE: With regard to Recyclable Materials, Customers can request one (1) blue 32-gallon cart for recyclable materials with delivery expected during the first week in August 2015; call Toll Free (877) 203-8970.

TABLE I: COMPARISION OF WASTE MANAGEMENT (WM) VS. GREENWASTE RECOVERY (GWR) RATES
(% INCREASES FROM WASTE MANAGEMENT TO GREENWASTE RECOVERY)
Residential Rates (Includes Solid Waste, Recyclable Materials, and Yard Trimmings)

                                         WM                                    GWR

GARBAGE VOLUME	RATES ($/MONTH)	RATES ($/MONTH)	% CHANGE (+)
20-Gallons	$21.41	$26.60	+24.2%
35/32-Gallons	$25.45	$29.56	+16.1%
64/65-Gallons	$40.23	$46.73	+16.2%
96/95-Gallons	$51.00	$59.24	+16.2%

NOTE: For both Waste Management and GreenWaste Recovery, the rate is based on the garbage volume cart, not on recyclable materials and yard trimmings cart volumes. 

GreenWaste Solid Waste Agreement 06-19-14

 

FRANCHISE AGREEMENTBETWEEN CITY OF CARMEL-BY-THE-SEA AND GREENWASTE RECOVERY, INC. FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION SERVICES
JUNE 19, 2014

HIGHLIGHTS: FRANCHISE AGREEMENT BETWEEN CITY OF CARMEL-BY-THE-SEA AND GREENWASTE RECOVERY, INC. FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION SERVICES, JUNE 19, 2014

ARTICLE 2.

TERM OF AGREEMENT

TERM AND OPTION TO EXTEND

The Term of this Agreement shall commence July 1, 2015 (Commencement Date) and continue in full force for a period of fifteen (15) years, through and including June 30, 2030, unless the Agreement is extended in accordance with this Section or terminated in pursuant to Section 10.2.

At Agency's sole discretion, this Agreement may be extended without amendment for a period of no less than one (1) and no more than five (5) additional years for a total Term that does not exceed twenty (20) years. If Agency desires to extend the Agreement, Agency shall provide the Contractor with written notice of its decision to extend the Agreement at least one (1) year before the expiration of the Term. Such notice by Agency shall specify the duration of the extension.

Between the Effective Date and Commencement Date, Contractor shall perform all activities necessary to prepare itself to start providing services required by this Agreement on the Commencement Date.

EXHIBIT B1:
DIRECT SERVICES
SINGLE-FAMILY RESIDENTIAL SERVICES (pages 61-67)

EXHIBIT B5

AGENCY SERVICES (pages 87-88)

3. Carmel Beach and Village Cleanup Program

Contractor will employ one (1) Carmel Beach and Village Superintendent (Superintendent) position dedicated to cleaning and maintaining Carmel Beach and Village eight (8) hours a day, five (5) days a week. The scheduling of this position is intended to be flexible during the Term of this Agreement initially including Friday through Sunday with the scheduling of the remaining two days to be determined by the Agency's Contract Manager no later than one-month prior to the service Commencement Date. Scheduling for this position may be subject to a one-time seasonal adjustment annually at Agency's request; however, Contractor shall not be required to make a seasonal scheduling change without 30-days prior notice. Contractor may limit Agency's scheduling request if such request would violate labor laws or the terms of the Contractor's Collective Bargaining Agreement. The Superintendent position will be responsible for the following activities:

• Maintaining an active presence along the beachfront and in the village area, and identifying opportunities to connect with visitors and residents to offer assistance with the proper sorting and containment of waste;

• Picking up waste and debris that has been discarded to both improve the appearance and aesthetics of the beach and village and protect marine life;

• Conducting regular sweeps of the beach, village, and public walkways to monitor the capacity of public litter Containers throughout the day and determine whether the contents need to be transferred in advance of the next scheduled pick-up. In the event the capacity of the Containers is reaching its limit, the Superintendent will transfer the contents of the Containers to a dumpster for consolidation before pick-up;

• Visually evaluating Container contents to determine locations that suffer from issues of chronic contamination in order to more closely monitor those areas and/or assess the need for additional or modified signage, and;

• Evaluating Recycling opportunities for businesses and notifying the Outreach team, who will then make contact and promote participation in Recycling programs.

The Superintendent will also have direct access to an Operations Supervisor to arrange for the prompt Collection and removal of larger debris that may either be difficult to handle as an individual or are too large or heavy for Collection in regular Containers.

EXHIBIT C:
PUBLIC EDUCATION AND OUTREACH REQUIREMENTS (pages 99–113)

EXHIBIT G3:
CONTRACTOR'S PROPOSAL
INITIAL RATES FOR COLLECTION SERVICES (pages 306-311)

NOTICE TO RESIDENTS Project: Forest Theater Renovation, Project/Work Start Date: June 15, 2015, Project Duration: 100 Working Days & Planned Construction Ending Month: October 2015

ABSTRACT: Today, Otto Construction representatives distributed a NOTICE TO RESIDENTS to residences within approximately 300 feet of the Forest Theatre. The NOTICE reads, in part, From the month of June 2015 to October 2015 there will be construction occurring at Forest Theater. Below is information in regards to the construction that will be taking place and contact information:
Project: Forest Theater Renovation
(NE Corner of Mountain View and Santa Rita, Carmel-By-The-Sea, CA 93921)
Project /Work Start Date: June 15, 2015
Project Duration: 100 Working Days
Planned Construction Ending Month: October 2015
Contractor: OTTO Construction
((831) 657-9820 office)
City Representative:
City of Carmel-By-The-Sea
Public Works Department
Andy Vanderford ((831} 620-2078 office) or ((831}-869-1477 cell)
The NOTICE TO RESIDENTS document copy is embedded.
CORRECTION: "Thank you in advance for your time and patience!" for “Thank you in advance for your time and patients!”

OTTO CONSTRUCTION Forest Theater Renovation June 2015

NOTICE TO RESIDENTS
Project: Forest Theater Renovation
June 2015

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS Between STU ROSS & CITY OF CARMEL-BY-THE-SEA, May 20, 2015

ABSTRACT: The Settlement Agreement and General Release of Claims document copy between STU ROSS and the City of CARMEL-BY-THE-SEA, a municipal corporation, is embedded. Significant RECITALS include, as follows: ROSS was employed by the CITY as the Superintendent of Public Works. ROSS's position is included in the bargaining unit represented by the Carmel Management Employees Union ("ASSOCIATION") and is covered by a memorandum of understanding between the CITY and the ASSOCIATION. The CITY has received the results of an investigation report that the CITY believes warrants termination of ROSS's employment with the CITY. The investigation report also indicated that, over the past approximately eighteen (18) months, ROSS has recorded hours on his CITY timesheet that he did not actually work. ROSS received payment for those recorded hours. The total amount of payment ROSS received for hours that he did not actually work is $4,860.92. ROSS disputes that disciplinary action is warranted and, should the CITY move forward with a termination, would invoke his right to appeal the termination. The CITY is prepared to oppose an appeal and to advocate to uphold the termination. The PARTIES desire to resolve all disputes of every kind and nature between them arising out of or related to ROSS's employment with the CITY, (including, but not limited to, ROSS'S termination) amicably, fully, and finally, under the terms and conditions specified in this AGREEMENT, for good and sufficient reasons and consideration, including but not limited to, avoiding expending or incurring additional time or money, avoiding the uncertainties and cost of an appeal hearing, and avoiding any costs or uncertainties of administrative proceedings or litigation. The PARTIES agree that this AGREEMENT resolves a disputed matter and is not an admission of liability, fault, or wrongdoing on the part of the PARTIES. CONSIDERATION includes, in part, as follows: In exchange for the consideration and releases set forth herein, within a reasonable period following the EFFECTIVE DATE of this AGREEMENT, the CITY and ROSS agree to the following:
i. The CITY shall not move forward with any disciplinary action against ROSS.
ii. ROSS shall submit a letter of retirement, identifying May 20, 2015 as his last day of employment with the CITY.
iii. The CITY shall deduct $4,860.92, the amount ROSS has been paid for hours he did not actually work, from ROSS's final payment from the CITY.
WHEREFORE the PARTIES have read all of the foregoing, understand the same, and agree to all of the provisions of this AGREEMENT.
STU ROSS
CITY OF CARMEL Doug Schmitz, City Administrator
Approved as to Form:
J. Ocean Motley, Staff Attorney
LIUNA/UPEC Local 792
On behalf of Ross and the Association
Samantha W. Zutler
Attorney for City of CARMEL
BURKE, WILLIAMS & SORENSEN, LLP

Ross and City Settlement Agreement and General Release of Claims 05-20-15

SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS
STU ROSS and the City of CARMEL-BY-THE-SEA
May 20, 2015

REFERENCE:
Ross retires to avoid fight with city over timecards, By MARY SCHLEY, The Carmel Pine Cone, May 22, 2015, 1A & 13A

CITY COUNCIL: City Council Minutes April 6, 2015 Special Meeting & Minutes April 7, 2015 Regular Meeting

4.A Minutes

City Council Minutes April 6, 2015 Special Meeting
City Council Minutes April 7, 2015 Regular Meeting

CITY COUNCIL: Minutes of the Special City Council Meeting on February 10, 2015, Minutes of the Closed Session/Work Study Session Meeting on March 2, 2015, Minutes of the Regular City Council Meeting on March 3, 2015 & Minutes of the Special City Council/Closed Session Meeting on March 31, 2015

Minutes 04-06-15

Minutes of the Special City Council Meeting on February 10, 2015
Minutes of the Closed Session/Work Study Session Meeting on March 2, 2015
Minutes of the Regular City Council Meeting on March 3, 2015
Minutes of the Special City Council/Closed Session Meeting on March 31, 2015

AGENDA, SPECIAL CITY COUNCIL MEETING AND CLOSED SESSION, March 31, 2015

ABSTRACT: On March 31, 2015, the Carmel-by-the-Sea City Council is scheduled to conduct a SPECIAL MEETING, Item 1: RECEIPT OF PROVISIONAL CAPITAL IMPROVEMENTS PLAN AND TRANSMITTAL TO PLANNING COMMISSION and CLOSED SESSION, Item 1: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION and Item 2: CONFERENCE WITH LEGAL COUNSEL –LITIGATION ANTICIPATED beginning at 4:00 P.M., Council Chambers, City Hall, East side of Monte Verde Street Between Ocean and Seventh Avenues. The AGENDA PACKET document is embedded.

Special Meeting Agenda & Capital Improvements Plan 2015-18 03-31-15

AGENDA

SPECIAL CITY COUNCIL MEETING AND CLOSED SESSION
CARMEL-BY-THE-SEA
Tuesday, March 31, 2015
Three Year Provisional Capital Improvements Plan
July 1, 2015- June 30, 2018

FY 2015-2018 Projects

Project Name & Total Expenditures & Fiscal Years

PROJECT NAME	TOTAL EXPENDITURES ($)	FISCAL YEARS
Street and Road Projects	2,447,000	'15/'16 & ‘16/'17 &  '17/'18
Forest Theater Renovation	2,000,000	'15/'16
Parking Management Solution	200,000	'15/'16
Carpenter Street Drainage and Paving	170,000	'15/'16
Sunset Center Projects	143,750	'15/'16 &  '16/'17 & '17/'18
Sidewalk Repair	100,000	15/'16 & '16/'17 & '17/'18
ADA Facilities Survey and Transition Plan	100,000	'15/'16
Dunes Habitat Restoration	80,250	'15/'16 thru '19/’20
Mission Trail Mountain View Entrance	80,000	15/’16
Vista Lobos Community Room Roof	70,000	'15/'16
MTNP Invasive Tree Management	50,000	'15/'16
Beach Fire Baskets/Rings	50,000	'15/'16
Safety Improvements	50,000	'15/'16
Water Conservation Projects	45,000	'15/'16
Rio Road Reconstruction	700,000	'16/'17
Larson Field/Rio Park Trail	565,000	'16/'17 & '17/'18
Eighth Avenue Pathway	50,000	'16/'17
4th Avenue Irrigation Meter	20,000	‘16/’17
Guadalupe to 5th Storm Drain	350,000	'17/'18
Shoreline Assessment and Implementation	50,000	‘17/’18

NOTE: 20 Projects, $7,321,000 Total Expenditures, FY '15/'16 & FY‘16/'17 & FY '17/'18