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*AMENDED AGENDA CLOSED AND WORKSTUDY MEETING CARMEL-BY-THE-SEA CITY COUNCIL Thursday, January 15, 2015- 3:30 p.m.

Council Chambers, City Hall East side of Monte Verde Street

Between Ocean and Seventh Avenues

I CALL TO ORDER: Mayor Burnett

I ROLL CALL:

Mayor: Mayor ProTem:

Burnett Beach

Council Members: Dallas, Talmage, Theis

PUBLIC COMMENTS: Members of the public shall have an opportunity to comment on items on the agenda. Public comments may be made on the matters described in this Meeting Notice (Government Code Section 54954.3) If you would like to speak on an item, please wait until the Mayor opens the items for public comment. While not required, please state your name for the record and limit your remarks to three (3) minutes.

I CLOSED SESSION- 3:30 P.M. Item 1: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION

Subdivision (d) (1) of Government Code Section 54956.9

Item 2:

Item 3:

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

CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 3 cases

LABOR NEGOTIATIONS Government Code Section 54957.8 Agency Designated Representatives: Zutler Employee Organization: LIUNA; CPOA

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I RECESS- 5:30 TO 6:30 P.M.

Council will recess from 5:30p.m. to 6:30p.m.

I WORKSTUDY SESSION- 6:30 P.M.

Item 1: FOREST THEATER 1)

2)

3)

4) 5)

To consider compliance of Council's regarding Phase (Triage) with commencement of bidding;

29 October 2014 directive the final plans before

To consider whether temporary restrooms should be added to the Phase I plan on the eastern side of the property; *To review concepts for Phase Jl; to review where elements of Phases I & Jl intersect; to receive the summary of the Hazmat Report and provide guidance to the staff and architect; To authorize the Phase I project to go to bid. Consideration of the appointment of Community members to work with architect and staff on Phase II.

I ADJOURNMENT OF CLOSED SESSION

AFFIDAVIT OF POSTING I, Lori Frontella, MMC, Interim City Clerk, for the City of Carmel-by-the-Sea, DO HEREBY CERTIFY, under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the Carmel-by-the-Sea, City Hall bulletin board, the Harrison Memorial Library on Ocean and Lincoln Avenues and the Carmel Post Office; and distributed to members of the media on this date the 141

h , day of January 2015 DZ '" z:;:~2015 at the hooc of 11 DO a.m.

Lori Frontella, MMC Interim City Clerk Original signature on file in the City Clerk's Office

General Information:

Council Agendas:

Broadcastings:

ADA Notice:

The City Council of Carmel-by-the-Sea meets on the First Tuesday of each month at 4:30p.m. , unless otherwise noticed.

The City Council meetings on the First Monday of each month at 4:30 p.m. in Workshop session, unless otherwise noticed.

The City Council agenda packet is now available for public review at the City website at www.ci.carmel.ca.us and the City Clerk's Office on the Friday prior to the scheduled meeting.

Broadcast date the first Sunday after the City Council meeting at 8:00 a.m., MCAET Channel 26 or 24/7 webcasting at www.ci .carmel.ca.us.

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 35.102-35.104ADA Title II)

CITY OF CARMEL-BY-THE-SEA

Council Report

January 15, 2015

To: Honorable Mayor and Members of the City Council Douglas J. Schmitz, City Administrator From: Andrew Vanderford, Project Manager

Subject: Forest Theater Phase 1 Authorization to Bid

RECOMMENDATION(S):

1) To consider compliance of Council’s 29 October 2014 directive regarding Phase I (Triage) with the final plans before commencement of bidding;

2) To consider whether temporary restrooms should be added to the Phase I plan on the eastern side of the property;

3) To review concepts for Phase II; to review where elements of Phases I & II intersect; to receive the summary of the Hazmat Report and provide guidance to the staff and architect;

4) To authorize the Phase I project to go to bid. 5) Consideration of the appointment of Community members to work with architect

and staff on Phase II.

EXECUTIVE SUMMARY:

On October 29, 2014 Council provided direction to City staff and the architect, Cody Andersen Wasney (CAW), on the proposed design of Phase I, the Triage Phase, and authorized staff to move forward to construction documents based upon the “Alternative D” design. Council also provided direction for the architect to work with the user groups on the possible redesign of the entrance in parallel with Phase I. The purpose of the meeting on January 15th is to: (1) consider compliance of Council’s 29 October 2014 directive regarding Phase I (Triage) with the final plans before commencement of bidding; (2) consider whether temporary restrooms should be added to the Phase I plan on the eastern side of the property; (3) review concepts for Phase II, including where elements of Phases I and II intersect and provide guidance to the architect; and (4) authorize the Phase I Project to go to bid.

ANALYSIS/DISCUSSION:

While preparing the construction documents for Phase I, CAW has refined the design to include some specific features to enhance the safety and overall experience of patrons and user groups of the Theater including:

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• Adjustment to the proposed accessible parking space by moving southwesterly in order to preserve existing trees and allow for a concrete pad for placement of a box office table or future building.

• Add a handrail to the main entrance pathway and a curve to the pathway to connect the pathway to the parking lot.

• Breaks in the hand rails at certain landings in order to provide access to the surrounding forest for patrons, actors, and staff.

• Addition of a ramp and stairs (to the proposed new wood deck located in front of the downstairs school) for improved accessibility.

• Addition of a concrete pad for a new portable toilet (to be located near the ramp on the Guadalupe side of the facility). This will provide access to restroom facilities on the eastside, and therefore patrons do not have to cross in front of the stage during the performance.

In addition, CAW has designed several options related to the entry sequence for consideration by Council (Phase II). These options contemplate such features as an additional accessible parking space, and new restroom and concession buildings, along the entrance pathways leading into the theater bowl. These options were shared with the stakeholder group on January 9, 2015 and are being brought forward to Council for discussion regarding design options and next steps toward implementation.

Project Next Steps:

Phase I: Construction documents have been submitted to the Community Planning and Building Department and approvals for permits are anticipated to be issued shortly by the Building Official. Pending authorization by Council, construction documents will be finalized and advertised for bidding January 20, 2015. It is anticipated that the bidding period for the Phase I Project will be three weeks and that Council will award the project to the lowest responsive bidder on or about February 20, 2015. Construction would resume shortly thereafter and is anticipated to be completed by July 2015.

Hazmat Study: As part of due diligence in preparing for Phase I renovations, sampling for hazardous materials was performed. Given the age of the facility and its construction materials, the test results found asbestos, lead paint, lead, metals (arsenic and copper used for pressure treated wood), and mold. Asbestos can be managed in place does not need to removed, if it is left undisturbed and not friable, meaning it can easily be crushed in the palm of one’s hand. There is no friable material on site. Asbestos to remain is titled “managed in place” and is not uncommon for it to remain, except in public schools. The occupant(s) would need to be informed of the locations of the material and to not disturb it by drilling, sanding, scraping, etc. Lead paint is present within the interior of the facility (interior; walls, the exterior wood siding and wood trim, etc.). It can also be managed in place with spot abatement. One significant mold area was identified within the costume storage and crawlspace. In addition, almost all of the treated lumber is

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considered hazardous. Any boards removed will need to be disposed of properly (hazardous waste landfill). A preliminary summary of the sampling results is attached for reference. Staff included a placeholder estimate of $20,000 for abatement efforts within the $1.78 million Phase I budget. Staff anticipates that abatement would be included within the Phase I construction bid specifications and schedule and that contractors should be able to remediate as part of the other ongoing improvements.

Phase II: The architect has begun facilitating discussions with the primary user groups and other stakeholders regarding the current use of the facility and suggested long-term improvements. As a result of Council direction, the immediate discussion with the stakeholder group has focused primarily on the entry sequence. There has also been some discussion with stakeholders to provide a permanent restroom facility to the east side coupled with increasing the size of the on-stage dressing room. Using Phase I “Alternative D” as the base, the architect has developed several conceptual options pertaining to the entrance and the configuration of the box office, concessions and restrooms, and an additional accessible parking space. These proposed improvements are being referred to as Phase II. While the architect’s fees associated with the schematic design of Phase II are included within the authorized contract as part of master planning services, the costs for construction-related activity for Phase II have not been budgeted within the scope of Phase I. Phase II contemplates relocating existing facilities (box office, concessions, and restrooms). However, an underlining assumption is that the existing facilities would be rebuilt as part of the relocation. Council will provide further direction regarding Phase II during the January 15th meeting.

Phase III: Council has authorized funding of $68,530 for architectural services pertaining to the master plan, including the work effort to date related to Phase II. Based upon Council direction, the architect proposes to meet with the stakeholder group to discuss master plan goals, review the stakeholders’ list of improvements (“wish list”) and develop criteria for prioritizing any forthcoming master plan improvements. The result of these meetings would be brought forth to Council for direction regarding the master plan.

FISCAL IMPACT:

Council allocated $486,500 to the Forest Theater Renovation project as part of the 2014-15 Fiscal Year Budget. The preliminary project budget for Phase I is estimated at $1.78 million, which includes $1.15 million for construction. The Capital Improvement Plan included within the 2014-15 budget identified $475,000 of Measure D funds for the 2015-16 Fiscal Year toward the Project.

Budgeted (yes/no) Yes, but not for full estimated project cost

Funding Source (general fund, grant, state) General Fund

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

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• Council workshop on the Forest Theater on May 5, 2014 and provided direction to staff to address building deficiencies and reopen the Theater.

• Council allocated $486,500 to this project during the adoption of the 2014-15 Fiscal Year Budget on June 10, 2014.

• Council approved an agreement with architect (CAW) in the amount not to exceed $114,530 for a schematic design of the Triage Phase/Phase 1 ($46,000) and the conceptual master plan ($68,530) on August 5, 2014.

• Council hearing on the proposed design of Triage Phase/Phase 1 and provided direction to architect (CAW) and staff on October 16, 2014.

• Council provided direction on the proposed design, "Alternative 0" of the Triage Phase/Phase 1, and authorized the architect (CAW) and staff to move forward to construction documents and to study the entry sequence on October 29, 2014.

• Council approved the agreement with architect (CAW) for the preparation of construction documents and construction administration assistance for Phase 1 in an amount not to exceed $154,398 on January 5, 2015.

• CAW staff meet with the stakeholder group on August 25 and November 18, 2014 and January 9, 2015 as well as responded to various stakeholder questions and comments via telephone and email. CAW staff also conducted site visits with staff on August 18 and with staff, Councilmembers and/or Commissioners on October 21 and 29, 2014 and January 13, 2015.

ATTACHMENTS:

• HazMat Summary • Phase II Opt A • Phase II Opt B • Phase II Opt C • Phase II Opt 0

APPROVED:

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Preliminary Haz Mat Summary

A Asbestos

Location Building Material Haz Mat Material Subject to

disturbance

Renovation Scope Staff Recommended Option Staff

estimated

cost

Note

1 CONFERENCE RM

Texture, White/ Off

White

2% to 3% Chrysotile

asbestos Likely New ramp from Conf. Room to stage

Spot abatement as necessary.

Manage in place. 500$

Estimate by staff. Consultant

estimate pending

2

ROOF (PROP STORAGE /

DRESSING ROOMS ON STAGE)

Roof Penetration

Mastic, Black

10% Chrysotile

asbestos Likely

Removal of existing pipe racks.

Plumbing vents for restroom remodel.

Spot abatement as necessary.

Manage in place. 1,000$

Estimate by staff. Consultant

estimate pending

3

DOWNSTAIRS - THEATER

SEATING

Wallboard/ Joint

Compound

<1% Chrysotile

asbestos Yes

New handrail with LED isle lights on

south wall @ steps

Spot abatement as necessary.

Manage in place. 500$

Estimate by staff. Consultant

estimate pending

4

DOWNSTAIRS - SIDE ENTRY

(DOOR) Door Frame Caulking

5% Chrysotile

asbestos Yes New door and jamb Abate 500$

Estimate by staff. Consultant

estimate pending

5

ELECTRICAL CLOSET AT STAGE

CONTROL BOOTH

Roof Penetration

Mastic, Black

10% Chrysotile

asbestos Yes Demolish existing closet Abate 1,000$

Estimate by staff. Consultant

estimate pending

6 STAGE CONTROL BOOTH

LAYER 2 Rolled Roofing

Material, Black

5% Chrysotile

asbestos Yes

New guard railing, structure bracing,

etc. Abate & install new membrane 1,500$

Estimate by staff. Consultant

estimate pending. Estimate does not

include new membrane

5,000$

B Lead Paint & Lead

Location Building Material Haz Mat Material Subject to

disturbance

Renovation Scope Staff Recommended Option Staff

estimated

cost

Note

1 Restroom building Toilet Partitions Lead Paint Yes New partitions to be installed Abate $ 1,000

Estimate does not include cost of

new partitions

2 Restroom building Interior paint Lead Paint Yes

Replace rusted entry door. Repaint

interior

Abate door. Manage lead paint

during repainting $ 2,000

Estimate does not include cost of

new door

3 Stage Control Booth Wood siding & trim Lead Paint Yes

4 Box office Almost entire building Lead Paint Yes Demolish building Abate $ 3,000 Estimate is up charge for demolition

5 Amphitheater seating

White / Concrete/

Steps/Stairs Lead Yes Demolishing concrete for new concrete Abate TBD

6 Amphitheater seating Walkway lighting Lead Yes Retrofit lighting at ends of seats Abate old fixtures $ 1,500 Not including cost of new fixtures

7

Indoor theater, Interior spaces

/ rooms

Walls, ceilings, stage,

painted surfaces, etc. Lead Paint Yes New stage, ramp, walls, lighting, etc.

Abate stage & spot abate as

necessary $ 5,000

8

Stage, buildings on-stage,

proscenium walls Wood siding & trim Lead Paint Yes

Remove and replace siding for buildings

on stage (structural upgrade). Abate TBD

$ 12,500

C Metals (treated lumber)

Location Building Material Haz Mat Material Subject to

disturbance

Renovation Scope Staff Recommended Option Staff

estimated

cost

Note

1 Stage Guard railing

Arsenic and/or

Copper Yes Remove and replace Abate TBD

2 Stage deck

Deck boards under

plywood deck

Arsenic and/or

Copper Yes

Replace degraded deck boards as

needed upon replacing plywood deck

surface Abate TBD

3 Stairways to stage, ramps, etc. Framing, railings, etc.

Arsenic and/or

Copper Yes

Structural, tread, & railing

improvements Spot abate as necessary TBD

D Mold

Mold samples were taken throughout the facility. One red flag: High levels of Stachybotrys (mold) were found within the Costume Storage area & Crawlspace. At this time the assumption is drywall, wood framing, and costumes

contain mold.CC Closed & Workstudy Jan. 15, 2015 Page 7