Minutes August 4 09-01-15

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ATTACHMENT- 2

MINUTES
CITY COUNCIL MEETING
CARMEL-BY-THE-SEA
Tuesday,August4,2015
Mayor Burnett called the meeting to order at 3.35 p.m.
ROLL CALL
Present:

Council Members Dallas, Mayor ProTem Talmage and Mayor


Burnett; Council Members Beach and Theis met at the site of the
tour of inspection.

Absent:

None

Staff Present:

Doug Schmitz, City Administrator


Lee Price, Interim City Clerk
Rob Mullane, Public Works Director
Andrew Vanderford , Public Works Project Manager

TOUR OF INSPECTION -The City Council met at the Forest Theater located on Santa
Rita between th Avenue and Mountain View for a tour of the restoration project in
progress. The tour was led by project manager Andrew Vanderford and project architect
Chris Wasney.
Council reconvened in Chambers at 4:30p.m. All Council Members present.
Staff Present:

Doug Schmitz, City Administrator


Don Freeman , City Attorney
Lee Price, Interim City Clerk
Mike Calhoun , Public Safety Director
Paul Tomasi, Police Commander
Rob Mullane, Public Works Director
Janet Bombard, Library and Community Events Director
Marc Wiener, Senior Planner
Sharon Friedrichsen, Director of Budgets and Contracts
Paul Wood , Finance Manager
Joel Staker, IT Manager
Andrew Vanderford, Public Works Project Manager

Council Meeting Date: 09/01/2015


Agenda Item : 3
Page 6

Joe Headley, Building Official


Mayor Burnett announced that there would be a special meeting on Thursday, August 6,
2015 at 4:30 p.m. for the purpose of considering options for restricting or relocating
beach fires.
PLEDGE OF ALLEGIANCE
Joel Staker, IT Manager, led the Pledge of Allegiance .
EXTRAORDINARY BUSINESS
4.A

Mayor Burnett introduced Scott Laurence, Superintendent for the Carmel


Unified School District.

4.B

Mayor Burnett introduced Joel Staker, IT Manager.

ANNOUNCEMENTS
5.A

Announcements from Closed Session held 8/3/15- City Attorney Don


Freeman provided an update on LIUNA negotiations and pending
litigation. He reported that the Council reached a settlement in the matter
of Hildago v. City of Carmel-by-the-Sea (Claims #DFEH Numbers 19603882594 and 168394- 160733) in the amount of $125 ,000.

5.B

Announcements from City Council Members

Mayor Burnett provided an oral report on his attendance at the


League of California Cities Executive Forum in Monterey June 2425, 2015 and provided several water issues-related updates.
Council Member Theis provided a report on the most recent
meeting of the Monterey-Salinas Transportation Authority.

5.C

Announcements from the City Administrator- None

5.0

Announcements from the City Attorney -City Attorney Don Freeman


provided an update on the City's short-term renta l ordinance.

PUBLIC APPEARANCES
Karen Ferlito commented on short-term rentals and provided suggestions to help
educate people about the short-term renta l regulations, as well as other new rules
(moratorium on artificial turf, for example).

Council Meeting Date: 09/01/2015


Agenda Ite m: 3
Page 7

D. L. Johnson introduced himself as Carmel's representative on the Transportation


Agency of Monterey County (TAMC) Advisory Committee.
John Wagner voiced concern regarding garbage rates (commercial and residential).
Richard Kreitman asked how Green Waste rates compare with the rate increase
proposed earlier by Waste Management.
---End of Public Comments--Directo r of Budgets and Contracts Sharon Friedrichsen responded to comments
regarding Green Waste rates and agreed to follow-up with Mr. Wagner.
CONSENT CALENDAR
Action: Upon a motion made by Council Member Beach, seconded by Council
Member Dallas, the Council approved the Consent Calendar with the exception of Items
7.G, 7.J, 7.N and 7.P, as follows :

7.A

City Council Minutes for the July 6, 2015 Special Meeting, the July
7, 2015 Regular Meeting, and July 15, 2015 Special Meeting.
Approved, 5:0

7.8

Check Register for the Month of June, 2015 Approved, 5:0

7.C

Monthly Reports for June:


a. Police, Fire, Ambulance and Beach Reports
b. Logs of Public Records Act Requests (City Clerk & Police)
c. Code Complian ce Reports
d. Forester Report
e. Contracts signed by the City Admin istrator
f. City Treasurer's Report
Accepted, 5:0

7.0

Consideration of a resolution authorizing: 1.) An event on Saturday,


October 24, 2015 honoring the Centennial Anniversary of the
Carmel Fire Department, and 2.) The closure of Mission Street
between Ocean and 6 th Avenues, and 6 th Avenue between Mission
and San Carlos Streets in conjunction with said event. Adopted
Resolution 2015-052, 5:0

Council Meeting Date: 09/01/2015


Agenda Item : 3
Page 8

7.E

Consideration of a resolution rejecting all bids for Waterproofing


Raised Planters project. Adopted Resolution 2015-053, 5:0

7.F

Consideration of a resolution awarding a Construction Contract to


Legacy Roofing, the Lowest Responsible Bidder, for the Roof
Replacement at Bach Building (Sunset Center) and Roof Repair &
Waterproofing of Main Building Project for a Not to Exceed Amount
of $78,338.00 and Approving a Not to Exceed Amount of
$15,000.00 for Project Contingency. Adopted Reso lution 2015054,5:0

7.H

Consideration of a resolution authorizing street closures in


conjunction with the Carmel-by-the-Sea 2016 Centennial Birthday
Party Parade on Saturday, October 29, 2016. Adopted
Resolution 2015-056, 5:0

7 .I

Authorize New Professional Services Agreement and Amendments


to Various Existing Professional Services Agreements
Recommendation: Adopt resolutions authorizing the City
Administrator to:
1. Execute a Professional Services Agreement with Revenue Cost
Specialists, LLC for a user fee study for an amount not to
exceed $24,750. Adopted Reso lution 2015-057, 5:0
2. Execute Amendment No. 3 to Professional Services Agreement
PBD-PSA-FOUR-006-13/14 with 4 Leaf, Inc. for contract permit
technician services for an additional increase of $40,000 for a
new total not to exceed amount of $172 ,000. Adopted
Resolution 2015-058, 5:0
3. Execute Amendment No. 1 to Professional Services Agreement
PBD-PSA-EMC-014-14/15 with EMC Planning Group for
contract planner services for an additional increase of $15,000
for a new total not to exceed amount of $40,000 . Adopted
Resolution 2015-059, 5:0
4. Execute Amendment No. 5 to Professional Services Agreement
ASD-PSA-MAR-003-13/14 PBD-PSA-EMC-014-14/15 with EMC
Planning Group for contract planner services for an with
MarTech for information technology services for an additional
increase of $30,000 for a new total not to exceed amount of
$285,000. Adopted Resolution 2015-060, 5:0

Council Meeting Date : 09101/2015


Agenda Item: 3
Page 9

7.K

Salary Revisions, New Job Descriptions, and Job Description


Amendments. Adopted Resolution 2015-061 , 5 :0

7.L

Establishing Salary Ranges for Certain Management Positions.


Adopted Resolution 2015-062, 5:0

7.M

Paid Sick Leave Policy for Part-Time Employees. Adopted


Resolution 2015-063, 5 :0

7 .N

Consideration of a resolution awarding a contract to operate the


Carmel-by-the-Sea Farmers' Market to Peter Cipponeri Farms, LLC
and authorize staff to work with Cipponeri Farms on the operational
guidelines for the market. Adopted Resolution 2015-064, 5:0

7.0

Consideration of a resolution authorizing the City Administrator to


execute an agreement for the purchase of one License Plate
Recognition (LPR) parking enforcement system from the
Equipment and Vehicle Fund as identified in the FY 2015/16
budget. Adopted Reso lution 2015-065, 5:0

The following items were pulled by members of the public or by a Council


Member and taken up separately:
7 .G

Consideration of a resolution adding a pumpkin rolling component


to the ggth City Birthday Party and Parade on October 31, 2015
and authorizi ng the related street closures.

Public Comment:
Richard Kreitman inquired about the wisdom of closing part of Ocean Avenue for
an entire day.
---End of Public Comment.
Library and Community Events Director Janet Bombard provided the staff report
and Community Activities and Cultural Commission recommendations.
ACTION: Upon a motion made by Council Member Dallas, seconded by Council
Member Theis, the Council unanimously adopted Resolution 2015-055 approving
the events and street closures. 5:0

Council Meeting Date: 09/01/2015


Agenda Item: 3
Page 10

7.J

Consideration of stop signs at two locations; San Carlos & 91h, and
Santa Fe & 2 nd .

Council Member Dallas recused himself due to a potential conflict of interest


(owns real property within 500' of one of the proposed signs).
Public Comment:
Resident Carl Van Winkle pulled this item to object and provided other
suggestions for traffic control.
Sue McCloud asked if the neighbors had been noticed .
Resident Jim Wiseman expressed concerns and requested more information to
justify the recommendations.
---End of Public Comments.

ACTION:

The Council referred this matter back to the Traffic Committee.

Council Member Dallas resumed his seat at the dais.

7.N

Consideration of a resolution awarding a contract to operate the


Carmel-by-the-Sea Farmers' Market to Peter Cipponeri Farms, LLC
and authorize staff to work with Cipponeri Farms on the operational
guidelines for the market.

This item was pulled by Mayor Pro Tern Talmage for discussion and to
emphasize that the focus of the Farmers' Market is to provide farm fresh
produce.
Public Comment:
Stephen Moorer, Pacific Repertory Theater, objected to changes in the process
to secure a vendor.
Carl Iverson said he prefers to purchase organically grown produce and hopes
that is still a goal for the Market.
Peter Cipponeri, Cipponeri Farms, LLC, indicated he was looking forward to
bringing more organic produce to the Market, but mentioned that there are not
many local resources. He added that he is seeking out add itional resources and
shared his vision for the Market.
---End of Public Comments.

Council Meeting Date : 09/01/2015


Agenda Item: 3
Page 11

Action : Upon a motion made by Mayor ProTem Talmage, seconded by Mayor


Burnett, the Council unanimously adopted Resolution 2015-064 awarding the
contract to Peter Cipponeri Farms, LLC. 5:0
7.P

Consideration of a resolution authorizing the closure of the Sunset


Center north parking lot on Saturday, November 21, 2015 from 2:00
a.m. to 4:00p.m . in order to relocate the Homecrafters'
Marketplace craft fa ir event.

Public Comment:
Barbara Livingston, Carmel Residents Association , pulled this item to protest the
removal of public parking on a busy Saturday before Thanksgiving. Richard
Kreitman agreed. Stephen Moorer mentioned that the location proved not to be
the best for the Farmers' Market.
---End of Public Comments.
Library and Community Events Director Janet Bombard and Sunset Center
Executive Director Christine Sandin responded to comments and Council
questions. Council discussion ensued.
Action: Upon a motion made by Council Member Dallas, seconded by Council
Member Theis, the Council adopted Reso lution 2015-066 authorizing the street
closure. 4:1:0 (Talmage opposed)
ORDERS OF COUNCIL

Mayor Burnett revised the order of the agenda.

8.8

Allocation of Marketing and Economic Development Budget- FY 2015-16

City Administrator Doug Schmitz provided the staff report.


Public Comments:
Monta Potter, Chamber of Commerce, requested that the Council lend support to
the Visitors' Center and urged the approval of a funding allocation in the amount
of $40,000.
Sue McCloud , Barbara Livingston, Karen Ferlito, Meredith Kroll (Linens and
Such), Richa rd Kreitman and Jonathan Sapp provided observations about
visitors to Carmel and spoke in favor of withho lding a determination until after a
steering committee is established and reports back to Council.

Council Meeting Date: 09/01/2015


Agenda Item: 3
Page 12

---End of Public Comment--Mayor Burnett noted that the Council had already extended the contract for
marketing efforts and clarified the intent of this item is to provide funding for the
Visitors' Center for those visitors who have arrived in the village. Council
discussion ensued. Council Member Dallas indicated he was not willing to
support the Chambers' request because he feels the City has over-supported the
Visitors' Center the past five to seven years.
Action: Upon a motion made by Council Member Theis, seconded by Mayor Pro
Tem Talmage, the Council approved the allocation of $40,000 to Chamber of
Commerce in two semi-annual payments for the purpose of funding the Visitors'
Center. 4:1 :0 (Dallas opposed)

Mayor Burnett called a recess at 6:30p.m. At 6:40p.m. the meeting resumed.

B.C

Consideration of a Planning Commission Recommendation


Regarding Changes Proposed by Council 15 July on the Forest
Theater; Consideration of a Second Amendment to the Agreement
with Cody Anderson Wasney Architects for the Development of
Schematic Designs and Construction Documents for Design
Changes for Phase 1 of the Forest Theater Renovation Project in
an Amount not To Exceed $50,000.

Rob Mullane, Public Works Director, presented the staff report. Project architect
Chris Wasney (Cody Anderson Wasney) provided an in-depth PowerPoint
presentation including historical photos, an overview of the permitted site plan
currently under construction and requirements of the Americans with Disability
Act (ADA) for ramps and handicapped parking, and alternative design concepts.
Council questions followed .
Public Comments:
Sue McCloud suggested an alternative location for the ADA-required parking
space and a drop-off point. Stephen Moorer (Pacific Repertory Theater)
presented an alternative design. Gil Lucero, Karyl Hall (Pacific Repertory
Theater), Christine Jacobsen and spoke in support of Stephen Moorer's
suggestions.
Karen Ferlito, Carolyn Hardy, Yvonne Hildebrand-Brown (Theater Guild), Walt
De Faria (Forest Theater Foundation) and Vince Koller encouraged the Council
to proceed with the approved plan and expedite the Theater re-opening .

Council Meeting Date: 09/01/2015


Agenda Item: 3
Page 13

---End of Public Comment--At the request of Mayor Burnett, project architect Chris Wasney, summarized his
observations about the alternative design presented by Stephen Moorer and
responded to questions. Lengthy Council discussion followed .
A motion made by Council Member Beach, seconded by Mayor Pro T em
Talmage, to approve a contract amendment with Cody Anderson Wasney
Architects with a goal of opening in 2016 was discussed .
A substitute motion was made by Councilmember Dallas, seconded by Mayor
Burnett, to support the Planning Commission recommendation and move the
project forward as permitted.
Action :

Substitute motion passed. The Council agreed to support the


Planning Commission recommendation and move the project
forward as permitted. 3:2 (Beach, Talmage opposed). (No
action taken on the contract amendment).

At 9:25p.m. Mayor Burnett called a five-minute break. The meeting resumed at 9:30
p.m.
PUBLIC HEARINGS

9.A

Moratorium on Artificial Grass and Similar Groundcover.

The Council considered an urgency ordinance extending Urgency Ordinance


2015-002 Prohibiting Artificial Grass and Other Similar Synthetic Turf or Foliage
Materials.
Mayor Burnett opened the public hearing.
Public Comments:
Sue McCloud objected to the adoption of the ordinance. Karen Ferlito spoke in
favor of adoption.
---End of Public Comment--Mayor Burnett closed the public hearing.

Council Meeting Date : 09/01/2015


Agenda Item: 3
Page 14

Action:

Upon a motion made by Mayor Pro Tern Talmage, seconded by


Council member Beach, the Council unanimously adopted Urgency
Ordinance 2015-003 extending Urgency Ordinance 2015-002
Prohibiting Artificial Grass and Other Similar Synthetic Turf or
Foliage Materials. 5:0

Council Member Beach left the meeting.


9.B

Consideration of an Ordinance of the City Council of the City of


Carmel-by-the-Sea adding Section 15.38 to the Carmel Municipal
Code relating to the expedited permitting procedures for small
residential rooftop solar systems.

Building Official Joe Headley responded to brief Council questions.


Action: Upon a motion made by Mayor Pro Tern Talmage, second by Council
Member Theis, the Council waived reading in full and introduced Ordinance
2015-004 adding Section 15.38 to the Carmel Municipal Code relating to the
expedited permitting procedures for small residential rooftop solar systems.
4:0:1 (Beach absent)
Council returned to Orders to consider the following remaining item:
8.A

Consideration of approval of Fiscal Year 2013-14


Financial Statement Audit.

Finance Manager Paul Wood provided a correction to page 3 of the audit and
introduced the auditor, Joe Arch , from the firm JJACPA. The auditor summarized
findings and responded to Council questions.
Mayor Pro Tern Talmage requested that in the future the auditor break out Public
Safety (Fire, Police, Ambulance) rather than bundle them, include more detail for
significant receivables (over 7 digits) and update the organizational chart. Mayor
Burnett asked the City Administrator to provide periodic updates on preparing for
the next audit.
There was no public comment.
Action:

Upon a motion made by Mayor Pro Tern Talmage, seconded by


Council Member Theis, the Council accepted and approved the
Fiscal Year 2013-14 Financial Statement Audit. 4:0:1 (Beach
absent)

Council Meeting Date: 0910112015


Agenda Item: 3
Page 15

ADJOURNMENT: There being no further business, Mayor Burnett adjourned the


meeting at 10:10 p.m.
APPROVED:

ATTEST:

Jason Burnett, Mayor

Lee Price, MMC


Interim City Clerk

Council Meeting Date: 09/01/2015


Agenda Item: 3
Page 16

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