CITY OF CARMEL-BY-THE-SEA

March 1, 2016
Consent Calendar

TO:

Honorable Mayor and Members of the City Council

Mike Calhoun, Interim City Administrator

FROM:

Ashlee Wright, City Clerk

SUBJECT:

Draft Minutes of the Special Meeting held January 27, 2016

Draft Minutes of the Special Meeting of February 1, 2016
Draft Minutes of the Regular Meeting of February 2, 2016

RECOMMENDATION

By motion to the Consent Calendar, approve the Minutes of the Special Meetings of January 27, 2016
Special Meeting of February 1, 2016, and Regular Meeting of February 2, 2016.
ATTACHMENTS

1. Draft Minutes of the Special Meeting held January 27, 2016

2. Draft Minutes of the Special Meeting of February 1, 2016
3. Draft Minutes of the Regular Meeting of February 2, 2016

APPROV-ED:~

~ ..A

~j

Date:

Mike C lhoun, Interim ~Administrator

~~-:JaYpo.lt,

Page 1

ATTACHMENT - 1
DRAFT
City Council Meeting Minutes
January 27, 2016
MINUTES
CITY COUNCIL SPECIAL MEETING
CARMEL-BY-THE-SEA
Wednesday, January 27, 2016

CALL TO ORDER
Mayor Burnett called the meeting to order at 4:35P.M.
Present:

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

Theis, and Mayor Burnett

Absent:

None

Staff Present:

Mike Calhoun, Interim City Administrator

Ashlee Wright, City Clerk

CLOSED SESSION
Mayor Burnett announced the Closed Session items.
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 in 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

ATTACHMENT - 2
DRAFT
City Council Meeting Minutes
February 1, 2016
MINUTES
CITY COUNCIL SPECIAL MEETING
CARMEL-BY-THE-SEA
Monday, February 1, 2016
CALL TO ORDER
Mayor Burnett called the meeting to order at 3:32 P.M.
Present:

Council Members: Dallas, Vice Mayor Pro Tern Talmage,

Theis, and Mayor Burnett

Absent:

Council Member Beach

Staff Present:

Ashlee Wright, City Clerk

Catherine Tarone, Planner
Marc Weiner, Senior Planner

Mayor Burnett announced that Council Member Beach would join the rest of Council on-site.
There were no public comments.
The Council then proceeded to the site of an appeal of the Planning Commission's denial of a
Design Study (OS 15-327) application for the construction of a new rooftop deck on a single
family residence located at the northwest corner of Ocean Avenue and Carpenter Street.
Council returned from the Tour of Inspection at 4:00 P.M.
CLOSED SESSION
Present:

Council Members: Beach, Dallas, Vice Mayor Pro Tern

Talmage.Theis, and Mayor Burnett

Absent:

None

Staff Present:

Mike Calhoun, Interim City Administrator

Ashlee Wright, City Clerk

Mayor Burnett announced the Closed Session items at 4:30 P.M.

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9: 1 cases
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(0)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of
Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393
1
6

DRAFT
City Council Meeting Minutes
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 No. 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

Ashlee Wright, City Clerk

2
7

ATTACHMENT - 3
DRAFT
City Council Meeting Minutes
February 2, 2016
MINUTES
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:

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

Absent:

None

Staff Present:

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
Ashlee Wright, City Clerk

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 available 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 he provided a brief report on
peninsula water issues.

DRAFT
City Council Meeting Minutes
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 ongoing 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 fires 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 13:

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 this was being presented to other peninsula
City Councils.
Council discussion followed .
Public Comment
2

DRAFT
City Council Meeting Minutes
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.
Council discussion followed.
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 4:

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

Item 5:

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

Item 6:

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

3
10

Item 7:

DRAFT
City Council Meeting Minutes
February 2, 2016
AB 1085 Ratification of appointment to the Historic Resources Board.
Ratified, 5:0

Item 9:

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

Item 11:

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 under 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 Carme l-by-the-Sea and Chip Rerig ,
City Administrator.

Mayor Burnett provided information on the process undertaken by the Council to fill 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.
---End Public Comments---

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 Ch ip.
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.

11

I .
DRAFT
City Council Meeting Minutes
February 2, 2016

CONSENT CALENDAR
The following items were pulled by members of the public or by a Council Member and 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 discussion followed.
Council requested that a log of reported janitorial issues be maintained and provided to Council
with the monthly reports going forward.
Public Comments
None
---End Public Comments--Action: Upon a motion made by Mayor ProTem 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, 5:0
Item 10:

AB 1088 Forest Theater Project construction update.

Public Works Director Rob Mullane responded to Council questions.

Council discussion followed .
Public Comments
Stacy Meheen stated that the City needed to remember the user groups and their schedules.
---End Public Comments--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 an amount not to exceed
$57,000 and Provide Direction on Pathway Materials.

Mayor Burnett commented on pathway materials.

Public Comments

5
12

DRAFT
City Council Meeting Minutes
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.
---End Public Comments--Marc Weiner, Senior Planner and City Engineer Sherman Low responded to questions.
Council discussion followed .
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 called a recess at approximately 7:50pm. At 8:05 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.
---End Public Comments--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

ADA accessible pathway on the west side of the Forest Theater.

6
13

I.

DRAFT
City Council Meeting Minutes
February 2, 2016
Marc Weiner, Senior Planner presented the staff report.

Brian Congleton, architect for the project provided a presentation.

Council discussion followed .
Public Comments
Carol Hall and Barbara Livingston spoke in favor of this project moving forward.
Stacy Meheen, Carolyn Hardy and Cathy Spearlaney stated their concerns with the project.
---End Public Comments--Council discussion followed .
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
completion, start any approved construction after the close of the theater season in the fall, and
to waive planning fees . 5:0
PUBLIC HEARINGS
Item 17:

AB 1094 Consideration of an appeal of the Planning Commission's denial of a

Design Study (OS
15-327) application for the construction 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 .

Council discussion followed.
Appellant Cathryn Carlson provided her appeal.
Public Comments
Roberta Miller and Dave Mosley spoke in favor of denying the appeal.
---End Public Comments--Appellant Cathryn Carlson continued her appeal.
Catherine Tarone , Assistant Planner and Marc Weiner, Senior Planner responded to questions.
Council discussion followed .

7
14

DRAFT
City Council Meeting Minutes
February 2, 2016
Action: Upon a motion made by Council Member Beach, seconded by Mayor Burnett, Council
moved to uphold the Planning Comm ission's decision with the additional finding and deny the
appeal. Denied, 4:1 (Council Member Dallas against)
FUTURE AGENDA ITEMS

Hiring of specialized consultant to facilitate the Council's annual evaluation of the City
Administrator
Crosswalk at Atherton
Scout House, Mission and 81h pathway/sidewalk contract
ADJOURNMENT: There being no further business, Mayor Burnett adjourned the meeting at
10:17 P.M.

APPROVED :

ATTEST:

Jason Burnett, Mayor

Ashlee Wright, City Clerk

8
15