Minutes August 4 09-01-15

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MINUTES

CITY COUNCIL MEETING

CARMEL BY THE SEA

Tuesday August4 2015

ATTACHMENT

2

Mayor Burnett called the meeting to order at 3.35 p.m.

ROLL CALL

Present:

Absent:

Staff Present:

Council Members Dallas Mayor

ProTem

Talmage and Mayor

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

tour

of

inspection.

None

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 n 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 :

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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 196038-

82594 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 24-

25, 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 ord inance.

PUBLIC APPEARANCES

Karen Ferlito commented on short-term rentals and provided suggestions to help

educate people about the short-term rental regulations, as well as other new rules

(moratorium on artificial turf, for example).


Agenda Item: 3

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

Agency o 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 o Public Comments---

Director o 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 o 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

o

June, 2015

Approved 5:0

7.C Monthly Reports for June:

a. Police, Fire, Ambulance and Beach Reports

b. Logs o Public Records Act Requests (City Clerk Police)

c. Code Compliance Reports

d Forester Report

e Contracts signed by the City Administrator

f City Treasurer's Report

Accepted 5:0

7 0

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

October 24, 2015 honoring the Centennial Anniversary o 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


Agenda Item:

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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 Resolution 2015-

054 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


.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.


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


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


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 Meeti

ng

Date: 09

101/2

0

5

Agenda Item:

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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.


7.M

Paid Sick Leave Pol icy for Part-Time Employees.

Adopted


7.N Consideration

o

a resolution awarding a contract to operate the

Carmel-by-the-Sea Farmers Market to Peter Cipponeri Farms, LLC

and authorize staff to work wi

t

Cipponeri Farms on the operational

guidelines for the market.


7 0

Consideration o a resolution authorizing the City Administrator to

execute an agreement or the purchase o one License Plate

Recognition (LPR) parking enforcement system from the

Equipment and Vehicle Fund as identified

in

the FY 2015/16

budget. Adopted Resolution 2015-065 5:0

The following items were pulled by members of the public

or

by Council

Member nd taken u separately

7.G Consideration o a resolution adding a pumpkin roll ing component

to the

ggt

City Birthday Party and Parade on October 31, 2015

and authori

zi

ng the related street closures.

Public Comment:

Richard Kreitman inquired about the wisdom o closing part o Ocean Avenue for

an entire day.

---End o 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


Agenda Item: 3

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7.J Consideration

of

stop signs at two locations; San Carlos 9

1

h and

Santa Fe 2 nd.

Council ember 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 mat ter back to the Traffic Committee.

Council Member Dallas resumed

hi

s seat t 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 ayor

Pro Tern Talmage

for

discussion and to

emphasize that the focus of the Farmers' arket is to provide farm fresh

produce.

Public Comment:

Stephen oorer, 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 arket, 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.


Agenda Item: 3

Pa

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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

ayor

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), Richard 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

Da

te: 09/01/2015

Agenda Item: 3

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---End o Public Comment---

Mayor Burnett noted that the Council had already extended the contract for

marketing efforts and clarified the intent o 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 o 40,000 to Chamber o

Commerce in two semi-annual payments for the purpose

o

funding the Visitors'

Center. 4:1 :0 Dallas opposed)

Mayor Burnett called a recess at 6:

3 p

m At 6:4 p m the meeting resumed

B C Consideration o a Planning Commission Recommendation

Regarding Changes Proposed by Council 15 July on the Forest

Theater; Consideration

o

a Second Amendment to th e Agreement

with Cody Anderson Wasney Architects for the Development of

Schematic Designs and Construction Documents for Design

Changes for Phase 1 o the Forest Theater Renovation Project in

an Amount not o 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

o

the permitted site plan

currently under construction and requirements o 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

o

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 .


Agenda Item: 3

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---End of Public Comment---

tthe 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 m

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: 5p

.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.


Agenda Item:

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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 Simi lar 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)

o

un

ci

l Meeting Date:

91

1

12

15

Agenda It

em

: 3

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ADJOURNMENT There being no further business Mayor Burnett adjourned the

meeting at 10:10 p.m.

APPROVED:

Jason Burnett Mayor

ATTEST:

Lee Price MMC

Interim City Clerk


Minutes August 4 09-01-15

Documents

Transcript of Minutes August 4 09-01-15