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CITY OF CARMEL-BY-THE-SEA

TO:

Honorable Mayor and Members of the City Council

Mike Calhoun Interim City Administrator

FROM:

Ashlee Wright City Clerk

SUBJECT:

Draft Minutes

o

the Special Meeting held January 27 2016

Draft Minutes

o

the Special Meeting

o

February

1

2016

Draft Minutes

o

the Regular Meeting

o

February 2 2016

RECOMMENDATION

March 1 2016

Consent Calendar

By motion to the Consent Calendar approve the Minutes

o

the Special Meetings

o

January 27 2016

Special Meeting o February 1 2016 and Regular Meeting o February 2 2016.

ATTACHMENTS

1. Draft Minutes o the Special Meeting held January 27 2016

2. Draft Minutes o the Special Meeting o February 1 2016

3.

Draft Minutes

o

the Regular Meeting

o

February

2

2016

A P P R O V E D :

~ j

•

A

Date:

~ ~ - : J a Y p o . l t

Mike C lhoun Interim

d m i n i s t r a t o r

Page 1

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ATTACHMENT - 1

5

CALL TO ORDER

MINUTES

CITY COUNCIL SPECIAL MEETING

CARMEL-BY-THE-SEA

Wednesday January 27 2016

DRAFT

City Council Meeting Minutes

January 27, 2016

Mayor Burnett called

the

meeting to order at 4:35P .M.

Present:

Absent:

Staff Present:

CLOSED SESSION

Council Members: Beach, Dallas, Vice Mayor ProTem Talmage,

Theis, and Mayor Burnett

None

Mike Calhoun, Interim City Administrator

Ashlee Wright, City Clerk

Mayor Burnett announced the Closed Session i tems.

1. PUBLIC EMPLOYEE APPOINTMENT

Pursuant to Government Code Section 54957

Title: City Administrator.

There were no public comments. Council adjourned to Closed Session at 4 :

36P

.M.

Council resumed

n

Open Session at 5:

88P M

Mayor

Burnett stated that there were no announcements

from the Closed Session. Mayor Burnett stated that he was looking forward to presenting Chip Rerig s

contract for City Administrator at the Regular Meeting in February.

ADJOURNMENT: There being no further business, Mayor Burnett adjourned the meeting at 5:40P M .

APPROVED: ATTEST:

Jason Burnett, Mayor Ashlee Wright, City Clerk

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ALL TO ORDER

MINUTESCITY COUNIL SPEIAL MEETING

CARMEL-BYTHESEA

Monday, February 1 2016

DRAFTCity Councl Meetng Minutes

February 1 2016

Mayor Burnett caled the meetng to order at 3:32 P.M

resent

Absent

Sta resent

Councl Mebers Dalas, Vce Mayor Pro e alagehes and Mayor Burnett

Councl Meber Beach

Ashlee Wrght Cty CerkCatherine Tarone lanner

Marc Weiner Senior lanner

Mayor Burnett announced that Councl Meber Beach would jon the rest of Councl on-ste

here were no publc coments

The Counc ten proceeded to the ste of an appeal of the lannng Comsson's denal of aDesgn Study (OS 15-327) appicaton or the constructon of a new rooftop deck on a snglefaly resdence located at the northwest corner of cean Avenue and Carpenter Street

Councl returned from the our of Inspecton at 400 PM

CLOSED SESSION

resent

Absent

Sta resent

Counc Mebers Beach Dalas Vice Mayor Pro ealageheis and Mayor Burnett

None

Mke Calhoun nterm Cty AdinstratorAshlee Wrght Cty Clerk

Mayor Burnett announced the Cosed Sesson tems at 430 .M

1 CNFERNC WIH LGA CUNSEL ANCIAD LIGATNSgnfcant exposure to ltgaton pursuant to subdvision (b) of Governent Code Secton549569 1 cases

2 CNFERNCE W EGA CUNSEL EXISTIG LTIGANursuant to Governent Code Secton 549569()(1)Name of Case Gert Sand; Cobbestone Bakery a sole propretorshp lant v Cty of Care bytheSea Deendant Monterey County Superor Court Case o M130393

1

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DRAFT


February 1, 2016

3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: City of Carmel-by-the-Sea, Plaintiff v.Pacific Harvest Seafoods, Inc. -

Monterey County Superior Court Case . 15CV000014

There were no public comments. Council adjourned to Closed Session at 4:32P.M.

Council resumed in Open Session at 5:32P.M. Mayor Burnett announced that Item 1 Anticipated

Litigation was the ongoing PG E investigation and that Council received an update and provided

direction.

City Attorney Don Freeman stated that the Council had received an update on Items 2 and 3 of

the Closed Session agenda.

ADJOURNMENT There being no further business, Mayor Burnett adjourned the meeting at

5:35P.M.

APPROVED: ATTEST:

Jason Burnett, Mayor


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ATTACHMENT - 3

8

MINUTES

DRAFT


February 2, 2016

CITY COUNCIL REGULAR MEETING

CARMEL-BY-THE-SEA

Tuesday February

2

2016

Mayor Burnett called the meeting to order at 4:30pm.

ROLL CALL:

Present:

Absent:

Staff Present:

Council Members Beach, Dallas, Talmage, Theis and Mayor Burnett

None

Mike Calhoun, Interim City Administrator

Rob Mullane, Public Works Director

Don Freeman, City Attorney

Paul Tomasi, Commander

Marc Weiner, Interim Planning Director

Sharon Friedrichsen, Director of Budgets and Contracts

Paul Wood, Finance Manager


EXTRAORDINARY BUSINESS

Item 1: Community Recognition: Centennial Kick-off Ceremony

Mayor Burnett recognized the Centennial Committee for their work and noted that the

Centennial Kick-off Ceremony was well attended.

Item 2: New Employee Introduction: Jermel Laurie, Building Inspector and David

DiMaggio, Police Officer

Marc Weiner introduced Building Inspector Jermel Laurie to the Council and community. Mike

Calhoun introduced Police Officer David DiMaggio to the Council and community.

ANNOUNCEMENTS

Council Member Beach stated that an award of excellence for bike lane project

on

Rio Road

had been awarded and reported that the FORA Regional Urban Design Guidelines Task Force

was

in

the final stages of releasing draft guidelines and making them ava

il

able to the public

online.

Council Member Dallas thanked Public Works and Forestry staff for all of their hard work

on

the

City s trees.

Mayor Burnett noted that tree planting is up from last year and

h

provided a brief report on

peninsula water issues.

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9

DRAFT


February 2 2016

Mayor ProTem Talmage provided supplemental information to Mayor Burnett 's water issues

announcement.

Mayor Burnett provided an update on the ongoing PG E investigation .

Council Member Beach stated that there is a movement in the state to fund or re imburse

interveners like the City

of

Carmel

in

cases like the ongoing PG E investigation.

Mayor Burnett announced that he is giving a portion of his remaining campaign money to the

Carmel Public Library Foundation for an oral history project.

City Attorney Don Freeman provided Closed Session announcements and stated that the

Council had received an update on the ongoi

ng

PG E investigation and provided direction and

stated that Council had received updates on the Gerit Sands case and Pacific Seafood Harvest

case.

Item 3: Centennial Committee Activities Update Sue McCloud, Barbara Livingston, and

Merv Sutton

Sue McCloud and Tom Brocato of the Centennial Committee provided an update on recent and

upcoming activities.

Mayor Burnett apologized

to

the veterans for not consulting with them about placing the

Centennial Kick-off banner on the World War I Memorial Arch.

PUBLIC APPEARANCES

Paul Rodriguez spoke about the World War I Memorial Arch.

Jeanne McCullough, Palmer Jerry, Doug Westfield , no name given, Mr. Dennis, no name given,

Dave Daley, and Doris all spoke in favor of retaining wood-burning beach fires and working

on

a

compromise .

Barbara Livingston spoke about beach clean-up and wood burning beach fires .

Maggie Eaton commented on the public process for the beach f ires issue and thanked council

and staff for their efforts.

---End Public Appearances---

Due to time constraints Public Appearances was suspended to receive Item 13

Item 3:

TAMC Presentation Investment Plan.

Todd Muck and Teresa Wright presented on the investment plan regarding countywide sales tax

for road improvements and projects and noted that th is was being presented to other peninsula

City Councils.

Council discussion followed.

Public Comment

2

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DRAFT


February 2 2016

Sue McCloud, Barbara Livingston support factoring in tourism and thru traffic, including large

trucks into the TAMC investment plan.

Stacy Meheen thanked the TAMC Board and staff for their hard work.

---End Public Comments---

Todd Muck provided clarifications and responded

to

questions.


Action: Presentation received. The Council directed the Mayor to propose that TAMC add a

third criteria

of

sales tax to their current formula

of

consisting

of

miles

of

road and population,

and to propose this at the upcoming Mayor s meeting.

PUBLIC APPEARANCES Resumed

Gloria Souza encouraged the City to support the arts by leasing City properties to local arts

groups.

Richard Kreitman requested the removal of the bell currently hanging in the World War I

Memorial Arch be added to the March Council Meeting agenda.

Stacy Meheen stated that the Rio Park project has shown how poor the cross walk is at

Atherton and recommended that Council review it.

---End Public Appearances---

CONSENT AGENDA

Action:

Upon a motion made by Council Member Dallas, seconded by Council Member Beach

Council unanimously approved the Consent Calendar with the exception

of

Items 8, 10 and 12

as follows:

Item :

Item

5:

Item

6:

Minutes for the November 19 2015 Special Council Meeting, December 1, 2015

Regular Council Meeting, December

3

2015 Special Council Meeting, December

29, Special Meeting, January

4

2016 Special Council Meeting, and January 5,

2016 Regular Meeting . Approved 5:0

Check Register for the Month of December. Approved 5:0

Monthly Reports for the Month

of

December

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

Accepted 5:0

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11

Item :

Item :

Item 11:

DRAFT


February 2, 2016

AB 1085 Ratification

of

appointment to the Historic Resources Board.

Ratified 5:0

AB 1087 Consideration

of

a Resolution Authorizing the Submittal of an

Application for the Beverage Container Recycling City/County Payment Program.

Adopted Resolution 2016-007 5:0

AB 1089 Authorization

of

Professional Services Agreements for Website

Support and Code Enforcement

for

an Amount Not to Exceed 64,000 for All

Agreements.

Adopted Resolution 2016-008 Resolution 2016-009 5:0

Public Comment None

Item 14 un er Orders was taken up before Items 8 10 and 12 pulled from the Consent Agenda.

ORDERS

Item 14:

AB

1091 Consideration of the Appointment

of

Chip Rerig as City Administrator

and Consideration

of

a Resolution Authorizing

the Mayor to

Execute an

Employment Agreement between the City

of

Carmel-by-the-Sea and Chip Rerig ,

City Administrator.

Mayor Burnett provided information on the process undertaken by the Council to f ill the position

of City Administration and provided an introduction to City Administrator candidate Chip Rerig.

Public Comment

Richard Kreitman thanked Council

for

including in the contract that Council can contact staff,

including contractors, for purposes of inquiry.

Brian Congleton and Barbara Livingston spoke in favor of Chip Rerig being appointed City

Administrator.


Action: Upon a motion made by Council

Member

Dallas, seconded by Council Member Beach,

Council moved to adopt a resolution authorizing the Mayor to execute an employment

agreement between the City

of

Carmel-by-the-Sea and Chip Rerig, City Administrator.

Adopted

Resolution 2016-012 5:0

Mayor Burnett and Chip Rerig signed the contract and Council welcomed Chip

Chip Rerig addressed

the Mayor

and Council .

Council Member Beach requested that the consideration

of

the hiring

of

a specialized consultant

to facilitate the Council's annual evaluation of the City Administrator be brought back at a future

Council Meeting.

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CONSENT CALENDAR

DRAFT


February 2, 2016

The following items were pulled by members of the public or by a Council Member nd taken up

separately

Item 8:

AB 1086 Consideration of a Resolution Authorizing the City Administrator to

enter into a service agreement with Preserve Facility Service for the cleaning

of

City owned facilities.

Public Works Director Rob Mullane responded to Council questions.


Council requested that a log of reported janitorial issues be maintained and provided to Council

with the monthly reports going forward.

Public Comments

None


Action: Upon a motion made by Mayor roTem Talmage , seconded by Council Member

Dallas, Council moved to adopt a Resolution authorizing the City Administrator to enter into a

service agreement with Preserve Facility Service for the cleaning of City owned facilities.

Adopted Resolution

2016-006

5:

Item 1 :

AB 1088 Forest Theater Project construct ion update.

Public Works Director Rob Mullane responded to Council questions.


Public Comments

Stacy Meheen stated that the City needed to remember the user groups and their schedules.


Council requested that staff meet with contractors this week about change order delays and

report back at the next Council meeting.

Item 12: AB 1090 Rio Park/Larsen Field Update: Authorize Professional Services

Agreements for Permitting Related Services

in n

amount not to exceed

57,000 and Provide Direction on Pathway Materials.

Mayor Burnett commented on pathway materials.

Public Comments

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DRAFT


February 2, 2016

Sue McCloud spoke against the City undertaking this project at this time.

Stacy Meheen thanked the Council for moving the project forward.

Barbara Livingston asked the Council to consider the aesthetics of the pathway.


Marc Weiner, Senior Planner and City Engineer Sherman Low responded to questions.


Action: Upon a motion made by Council Member Beach, seconded by Council Member Theis

Council moved to authorize a Professional Services Agreements for permitting related services

in an amount not to exceed 57,000, approve asphalt as the pathway material, and direct staff

to focus on the planning aspects of the project with emphasis on the lot-line adjustment as a

trigger for further project activity, to provide a list of potential funding partners , and to provide

the total amount spent on the project to date and estimated additional project costs to the

Council when this project is presented again for review in the future.

Adopted Resolution

2016-010 5:0

Mayor Burnett cal led

a recess at approximately 7:50pm At 8:

5

the meeting resumed

Item 15: AB 1092 Receive Mid-Year review report for FY15-16, and approve mid-year

supplemental appropriation requests.

Paul Wood, Finance Manager provided the staff report.

Public Comments

Carolyn Hardy asked where the street repairs project funds appeared in the budget.

Barbara Livingston asked about the Marshall Plan funds for forest and beach care and how

soon the City could remove stumps and replant trees.


Paul Wood, Finance Manager and Sharon Friedrichsen, Director of Budgets and Contracts

responded to questions.

Council discussion followed .

Action: Upon a motion made by Council Member Theis, seconded by Council Member Dallas,

Council moved to accept the Mid-Year review report for FY15-16 and approve mid-year

supplemental appropriation requests. 5:0 Resolution 2016-13

Theis moved, Dallas second

Item 16:

AB 1093 Consideration of a proposal from Pacific Repertory Theater to install an

D accessible pathway on the west side of the Forest Theater

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Marc Weiner, Senior Planner presented the staff report.

Brian Congleton, architect for the project provided a presentation.


Public Comments

DRAFT


February 2, 2016

Carol Hall and Barbara Livingston spoke

in

favor

o

this project moving forward.

Stacy Meheen, Carolyn Hardy and Cathy Spearlaney stated their concerns with the project.



Action:

Upon a motion made by Mayor Pro Tern Talmage , seconded

by

Council Member Theis,

Council moved to acknowledge that the anonymous donor has been a catalyst for the west

pathway project, to continue to work

on

the terms of the gift with the donor to see this project to

completi

on

, start any approved construction after the close of the theater season

in

the fall, and

to waive planning fees .

5:

PUBLIC HEARINGS

Item 17:

AB 1094 Consideration

o n

appeal of the Planning Commission s denial of a

Design Study (OS 15-327) applicati

on

for the constructi

on

of a new rooftop

deck on a single-family residence located in the Single-Family Residential (R-1)

Zoning District. The application is being appealed by property owner: Cathryn

Carlson. (pg. 153)

Catherine Tarone, Assistant Planner provided the staff report.


Appellant Cathryn Carlson provided her appeal.

Public Comments

Roberta Miller and Dave Mosley spoke in favor of denying the appeal.


Appellant Cathryn Carlson continued her appeal.

Catherine Tarone, Assistant Planner and Marc Weiner, Senior Planner responded to questions.

Council discussi

on

followed.

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DRAFT


February 2, 2016

Action: Upon a motion made by Council Member Beach , seconded by Mayor Burnett, Council

moved to uphold the Planning Commission s decision with the additional f inding and deny the

appeal.

Denied

4: (Council Member Dallas against)

FUTURE AGENDA ITEMS

Hiring of specialized consultant to facilitate the Council s annual evaluation

o

the City

Administrator

Crosswalk at Atherton

Scout House, Mission and

1

h pathway/sidewalk contract

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

10:17 P.M.

APPROVED: ATTEST:

Jason Burnett, Mayor Ashlee Wright, City Clerk

Documents

Draft Minutes 03-01-16