MINUTES - DRAFT

CARMEL-BY-THE-SEA CITY COUNCIL

CLOSED SESSION CONTINUANCE
Tuesday, September 23, 2014 6:00 p.m. continued to
Wednesday, September 24, 2014 at 12:00 p.m. (noon)
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues

CALL TO ORDER Mayor Burnett
Mayor Burnett called the Continuance of the September 23, 2014 meeting
to order on September 24, 2014 at 12:05 p.m.

ROLL CALL

Members Present:

Mayor: Burnett
Mayor Pro Tem: Beach
Council Members: Dallas, Talmage, Theis

PUBLIC COMMENT ON CLOSED SESSION ITEMS
Members of the public shall have an opportunity to comment on items listed in the closed
session agenda prior to the Council recessing into closed session. If you want to speak on
an agenda item listed here, please wait until the Mayor opens the item for public comment.
While not required, please state your name for the record and limit your remarks to three
(3) minutes.

Pursuant to Government Code Section 54956 et seq. of the State of California, the
City Council will adjourn to Closed Session to consider the following:

The City Council reconvened at 1:33 p.m. with Council Member Theis absent from
the reported due to a meeting conflict and the following announcements were
provided.

Item 1: PUBLIC EMPLOYEE PERFORMANCE REVIEW
Government Code Section 54957
Title: City Administrator
Title: City Attorney

City Attorney reported that the City Administrator Performance Review is
continuing its deliberations.
.
City Attorney Performance Review: City Attorney explained the process
regarding the retention of investigators he intends to retain to perform
neutral fact-finding investigations concerning recent complaints. The
process is being divided into different parts with different investigators
performing assignments according to their experience and qualifications. A
question arose regarding an investigator, and as a result the Mayor recued
himself from the discussion and left the room. The City Council reaffirmed
the City Attorneys authorization to retain investigators. In addition,
consistent with the City Councils previous action the Mayor and the City
Attorney recommend the City Council retains City Treasurer, David Sandys,
to conduct a complete, thorough and prompt financial audit of the Citys
consulting contracts. This matter will be placed on the next City Council
agenda for adoption. Mr. Sandys has agreed to perform the duties
required.

The City Attorney also announced a freeze on outside consulting contracts,
including but not limited to the contracts removed from the August 5
th
City
Council agenda, with the exception of contracts necessary to maintain the
day-to-day functioning of the City, to proceed until further notice. The
investigations have already commenced and process will take
approximately two to six months.

Item 2: CONFERENCE WITH LEGAL COUNSEL EXISTING
LITIGATION
Subdivision (d) (1) of Government Code Section 54956.9

Name of case: J ohn Hanson, Plaintiff v. City of Carmel-by-the-Sea
and Does 1 through 100, Defendants Monterey County Superior
Court Case No. M128436

Hanson matter: City Council was provided information regarding the status
of the case and was asked to provide direction. The City Council provided
direction.

Item 3: CONFERENCE WITH LEGAL COUNSEL EXISTING
LITIGATION
Subdivision (d) (1) of Government Code Section 54956.9

Name of case: Steven McInchak, Plaintiff v. City of Carmel-by-the-
Sea, and Does 1 through 50, inclusive, Respondents Monterey
County Superior Court Case No. M128062

McInchak matter was not discussed.


Item 4: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Government Code Section 54956.9: 5 cases

Out of 5 anticipated cases 4 cases were discussed.
City Council was provided an update as to the status of the potential
litigation and provided direction where appropriate.


ADJOURNMENT
There being no further business, Mayor Burnett adjourned the meeting at
1:42 p.m.

APPROVED: ATTEST:


_____________________________ ____________________________
J ason Burnett, Mayor Lori Frontella, MMC
Interim City Clerk