CITY OF CARMEL-BY-THE-SEA

Council Report
May 4, 2015
To:

Honorable Mayor and Members of the City Council

Douglas J. Schmitz, City Administrator

From:

Lee Price, Interim City Clerk

Subject:

Council Meeting Minutes of April 6, 2015 and April 7, 2015

RECOMMENDATION(S): Approve the Minutes.

ATTACHMENTS:
1.
2.

Minutes of the Special City Council Meeting on April 6, 2015

Minutes of the Regular City Council Meeting on April 7, 2015

APPROVED:
____________________________________
Douglas J. Schmitz, City Administrator

Date: __________________

Council Meeting Date: May 4, 2015

Agenda Item: 4.A
Page 1

MINUTES
CITY COUNCIL SPECIAL MEETING
CARMEL-BY-THE-SEA
Monday, April 6, 2015
Mayor Burnett called the meeting to order at 4:00 p.m.
ROLL CALL:
Present:

Council Members Dallas, Talmage, Theis, Mayor Pro Tem

Beach and Mayor Burnett

Absent:

None

Staff Present:

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney
Lee Price, Interim City Clerk
Mike Calhoun, Public Safety Director/Acting Administrative
Services Director

CLOSED SESSION:
Mayor Burnett announced the items on the Closed Session agenda. There were
no public comments. The Council adjourned to Closed Session.
Item 1:

CONFERENCE WITH LEGAL COUNSEL

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

EXISTING

Name of Case: Steven McInchak, Plaintiff v. City of Carmel-by-theSea, and does 1 through 50, inclusive, respondents Monterey
County Superior Court Case NO. M128062
Item 2:

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED

LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Government Code Section 54956.9: 3 cases

Item 3:

PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE EVALUATION

Pursuant to Government Code Section 54957
TITLE: City Attorney

Item 4:

PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE EVALUATION

Pursuant to Government Code Section 54957
TITLE: City Administrator

Council Meeting Date: May 4, 2015

Agenda Item: 4.A
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City Council Meeting Minutes

April 6, 2015
DRAFT

REGULAR MEETING:
Mayor Burnett called the regular meeting to order at 4:40 p.m.
Present:

Council Members Dallas, Talmage, Theis, Mayor Pro Tem

Beach and Mayor Burnett

Absent:

None

Staff Present:

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney
Lee Price, Interim City Clerk
Robert Mullane, Community Planning and Building Director
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director/Acting Administrative
Services Director
Paul Tomasi, Police Commander

CLOSED SESSION ANNOUNCEMENTS:

City Attorney Don Freeman announced there was no reportable action on items 1
and 2, and added the employee reviews were conducted (items 3 and 4).
PLEDGE OF ALLEGIANCE:
City Attorney Don Freeman led the Pledge of Allegiance.
PUBLIC APPEARANCES:
Barbara Livingston, Carmel Residents Association (CRA), issued kudos for the
recent removal of tree stumps and the planting of new trees. She also provided a
report on the March 26th CRA meeting program.
---Closed Public Comments--CONSENT CALENDAR:
Action:
Upon a motion made by Mayor Pro Tem Beach seconded by
Councilmember Talmage, the Council unanimously approved the Consent
Calendar, with the exception of Item 4.D, as follows:
Item 4.A:

Council Meeting Minutes of February 10, 2015; March 2, 2015;

March 3, 2015 and March 31, 2015 Approved 5:0
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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City Council Meeting Minutes

April 6, 2015
DRAFT

Item 4.B:

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

Item 4.C:

Monthly Reports:
a.
b.
c.
d.

Police, Fire and Ambulance Reports

Code Compliance Reports
Logs of Public Records Act Requests (City Clerk & Police)
Forester Report Approved 5:0

Item 4.E:

Smoking in Commercial Areas and Public Lands/Rights-of-Way

Approved 5:0

Item 4.F:

Summary of Legal and Investigate Expenses Year to Date 2015

Approved 5:0

Item 4.G

Consideration of a Resolution extending the MOU for the Police

Officers Association (POA) Adopted Resolution 2015-025 (5:0)

Item 4.H:

Council Goals for 2015: Status Report Approved 5:0

Item 4.I:

Mayors Letter to City and Community Groups regarding the

Centennial Approved 5:0

Item 4.D:

Resolutions Authorizing Amendments to Various Professional

Services Agreements

Special Project Manager Sharon Friedrichsen responded to Councilmember

Talmages question regarding grants.
Upon motion made by Councilmember Talmage, seconded by
Action:
Mayor Burnett, the Council unanimously adopted: Resolutions 2015-021, 2015022, 2015-023, 2015-024 authorizing the City Administrator to:
1. Execute an Amendment to the Memorandum of Understanding for the
Central Coast Regional Areas of Special Biological Significance
Dischargers Monitoring Program; and
2. Execute Amendment No. 1 to Professional Services Agreement for interim
city clerk services for a not to exceed amount $96,000; and
3. Execute Amendment No. 2 to Professional Services Agreement with 4Leaf
Inc., for permit technician services for a not to exceed amount of
$132,000; and
4. Execute Amendment No. 3 to Professional Services Agreement with
MarTech for information technology services for a not to exceed amount of
$240,000
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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City Council Meeting Minutes

April 6, 2015
DRAFT

ORDERS OF COUNCIL:
Item 5.A:

Receive Community Activities and Cultural Commission and staff

recommendations regarding directives issued by the City Council at
its September 9, 2014 meeting discussion of Car Week and provide
direction.

Police Commander Paul Tomasi provided an extensive staff report. Council

questions followed.
Public Comments:
Barbara Livingston, CRA, urged the Council to ensure that profits from events go
back to the City first and then to non-profits.
Monta Potter, Chief Executive Officer Carmel Chamber of Commerce, provided
suggestions for the use of shuttles from the Mission and indicated that the
Chamber is willing to help coordinate.
Ken White, Judith Ann Raible, Carl Iverson, Richard Kreitman, Dave Spare, and
Sue McCloud spoke in support of the event and provided various suggestions.
Action: Report received. Council provided direction on the criteria for the
management of future Car Week events, as follows:

Limit Car Week to two events;

Identify more parking choke points on the map;
Consider sturdy precautionary measures for the publics protection on
Ocean Avenue Median (more than rope);
Conduct outreach to Monterey-Salinas Transit and Caltrans including
Caltrans Signage on Highway 1;
Consider opportunities for providing shuttle service as an alternative for
employee parking (including Monterey-Salinas Transit, the Mission, High
School and Youth Center);
Consider size and number of trash bins;
Increase trash pickup to twice daily during Car Week;
Revisit definition of quality events;
Look into a no smoking policy for downtown area during Car Week;
Explore disposable cigarette ash receptacles;
Develop outreach/communication plan for visitors;
Coordinate with Monterey-Salinas Transit and Caltrans for signage
opportunities; and
Provide better signage/way-finding directions for visitors within Carmel-bythe-Sea for big events.
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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City Council Meeting Minutes

April 6, 2015
DRAFT

Item B:

Review of City Policies pertaining to Special Events and

Consideration of Resolutions regarding the Concours Caf and the
Pebble Beach Tour dElegance Vintage Car Parade, Display and
Luncheon for 2015.

Public Comments:
Barbara Livingston, Carmel Residents Association, reiterated their position on
events.
Monta Potter, Chief Executive Officer of the Carmel Chamber of Commerce,
provided details related to food service for the Chambers Thursday event during
Car Week.
Action:
Upon motion made by Councilmember Talmage seconded by
Councilmember Dallas the Council unanimously adopted Resolution 2015-026 as
amended (corrected error in the amount of fee waiver). 5:0

ADJOURNMENT: There being no further business, Mayor Burnett adjourned

the meeting at 7:48 p.m.

APPROVED:

ATTEST:

________________________
Jason Burnett, Mayor

_______________________
Lee Price, MMC
Interim City Clerk

5
Council Meeting Date: May 4, 2015
Agenda Item: 4.A
Page 6

MINUTES
CITY COUNCIL REGULAR MEETING
CARMEL-BY-THE-SEA
Tuesday, April 7, 2015
Mayor Burnett called the meeting to order at 4:30 p.m.
ROLL CALL:
Present:

Council Members Dallas, Talmage and Theis, Mayor Pro

Tem Beach and Mayor Burnett

Absent:

None

Staff Present:

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney
Lee Price, Interim City Clerk
Janet, Bombard, Library and Community Activities Director
Robert Mullane, Community Planning and Building Director
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director/Acting Administrative
Services Director
Paul Woods, Finance Manager
Mike Branson, City Forester
Andrew Vanderford, Public Works Special Projects Manager

PLEDGE OF ALLEGIANCE: City Administrator Doug Schmitz led the pledge.

EXTRAORDINARY BUSINESS: Mayor Burnett recognized the following:
a) Community Recognition: Mayor Burnett recognized Carmel-by-the-Sea
Garden Club members McGuire, Hallie Dow, Allyson Kavner, Carolyn
Sanders, Sarah Brown and Michelle Comeau, landscape designer for
efforts to design and install the Constance Meach Ridder Memorial
Garden at City Hall Project.
b) Employee Recognition: Mayor Burnett presented Certificates of
Appreciation to Police Officer of the Year Michael Bruno and Police
Services Person of the Year Maureen Roddick

ANNOUNCEMENTS:
City Attorney Don Freeman provided the Closed Session report for April 6, 2015
and explained there was no reportable actions taken on litigation matters. Mayor
Burnett reported that the Council conducted jointly public employee evaluations of

Council Meeting Date: May 4, 2015

Agenda Item: 4.A
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City Council Meeting Minutes

April 7, 2015
DRAFT

the City Administrator and City Attorney and expressed appreciation to both
Council Appointees.
Councilmember Dallas congratulated Councilmember Theis and Hofsa House for
raising $30,000 for the Food Bank.
Mayor ProTem Beach mentioned members of the Council had met the new
Superintendent of Schools, Scott Lawrence.
Councilmember Talmage and Mayor Burnett provided an update on actions
related to the PG&E incidents.
Mayor Burnett mentioned the Governors announcement on water restrictions and
announced that he has formed an ad hoc committee to consider water
conservation issues in Carmel. Members to serve with him include
Councilmember Ken Talmage, Community Development Planning and Building
Director Rob Mullane, Building Official Joe Headley, Planning Commissioners
Don Goodhue and Michael LePage.
City Attorney Don Freeman provided updates on the Monterey County Civil Grand
Jury request for personnel records and on process improvements for contract
processing.
PUBLIC APPEARANCES:
Barbara Livingston and Brian Congelton commended the City Administrator and
the City Attorney for their service to the community.
Robert Bob Champion provided a suggestion for lighting American flags at night
and mentioned the frequency of the use of leaf blowers in his neighborhood.
Rich Pepe asked the City Attorney a follow-up question regarding the award of
contracts. City Attorney Don Freeman responded that there will be no splitting of
contracts allowed.
Skip Lloyd emphasized that the Friends of the Mission Trail Preserve remain
committed to providing a high standard of work.
Sue McCloud shared two articles of interest regarding the cities of Palo Alto and
Los Angeles and urged the Council to consider a long term strategic plan for
Carmel. In addition, she provided some water-saving ideas.
Sgt. Luke Powell, President of the Carmel Police Officers Association and Union
Representative Nancy Shepard expressed appreciation to the Council for
approving the Memorandum of Understanding and for choosing Samantha Zutler
as the negotiator.
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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City Council Meeting Minutes

April 7, 2015
DRAFT

ORDERS OF COUNCIL
Item 8.A:

Annual Report of the Carmel Hospitality Improvement District

(HID) and Public Hearing to consider the adoption of a Resolution
of Intention to Levy the Annual Assessment for the (HID).

Council Member Theis announced that she would recuse herself from the report
and public hearing due to a potential conflict of interest (she is a member of the
HID) and left the Council Chambers.
John Lloyd, on behalf of the Carmel Hospitality Improvement District Advisory
Board, presented the annual report. Brief Council questions followed.
Mayor Burnett opened the Public Hearing.
Barbara Livingston and Skip Lloyd noted that there are impacts to Carmel,
including residential, parking and beach and suggested that the Council consider
increasing the assessment from $1.00 to somewhere between $2.00 and $5.00.
Mayor Burnett closed the Public Hearing.
Action: Upon a motion made by Council Member Talmage, seconded by Vice
Mayor Beach, the Council adopted Resolution 2015-027, a Resolution of
Intention to Levy the Annual Assessment for the (HID) with no change to the
amount of the annual assessment. (4:0:1, Theis abstained).
Item 8.B:

Consideration of a Resolution Authorizing the City Administrator to

Execute a Professional Services Agreement with PMC Consultants
for Environmental Services for the Rio Park Pedestrian/Bicycle
Path Project

Community Planning and Building Director Rob Mullane provided the staff report.
Brian Roseth, Monterey Bay Planning Services, presented an in-depth overview
of the concept plan and alignment for a Cass 1 Shared Use Path (bicycle and
pedestrian). Council questions followed.
Public Comments:
Sue McCloud shared a number of concerns relating to lighting, safety and
funding.
Via Naggard spoke in favor of the plan and added that others are also excited
about the plan for a pathway that parents with children can enjoy together.
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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April 7, 2015
DRAFT

Greg DAmbrosio, Carmel Area Waste Water District (CAWD), also spoke in
support and noted that many of the issues can be addressed during the
environmental review.
---end of public comments--Council discussion followed.
Action: Upon a motion made by Council Member Talmage, seconded by Council
Member Dallas, the Council adopted Resolution 2015-028 authorizing the City
Administrator to approve the agreement with PMC Consultants for environmental
services for the Rio Park Pedestrian/Bicycle Path Project and provided direction to
staff to continue working with regional partners, including Monterey County, the
Transportation Agency of Monterey County (TAMC), the Parks Coastal
Conservancy, Carmel School District, the Mission and Parent Teachers
Associations to develop a regional funding solution (5:0)
Item 8.C:

Award of Bid Consideration of a resolution awarding a Construction

Contract to Otto Construction, the Lowest Responsible Bidder, for
the Forest Theater Renovation Project for a Not to Exceed Amount
of $1,462,236.00 and Approving a Not to Exceed Amount of
$146,224.00 for Project Contingency

Vice Mayor Beach and Council Member Dallas revealed that they had
unintentionally engaged in ex parte communications by contacts that potentially
violate the bid process. Council Member Dallas recused himself from the item,
stepped down from the dais and left the Council Chambers. Vice Mayor Beach
provided additional comments and concerns. Mayor Burnett called a recess at
6:52 p.m.
At 7:21, the meeting was reconvened. Vice Mayor Beach recused herself from
the discussion due to accidental contact with the bidding team, stepped down
from the dais and left the Council Chambers.
Special Projects Manager Andy Vanderford presented the staff report and
responded to Council questions.
Public Comments:
Barbara Livingston, Karyl Hall and Judy Furman urged the Council to re-bid the
project to allow for more time to evaluate the design.
Stephen Moorer, Todd Weaver and Walt DeFaira encouraged the Council to
award the bid.
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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April 7, 2015
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John Otto, Otto Construction (low bidder), indicated that he was comfortable with
the bid and willing to break out Ottos estimate. He added that his company has
experience with this type of a project and is committed to working with the City to
complete the vision.
---End of Public Comments--Council questions to staff followed. Special Projects Manager Andy Vanderford,
City Attorney Don Freeman and City Administrator Doug Schmitz advised the
Council that there were no legal risks to moving forward with the bid award.
Action: Upon a motion made by Council Member Talmage, seconded by Council
Member Theis, the Council adopted Resolution 2015-029 awarding the bid to Otto
Construction on a 3:0:2 vote (Talmage, Theis and Burnett in support, Beach and
Dallas abstained).
Item 8.D:

Donations for Step Terracing at the Forest Theatre

City Administrator Doug Schmitz provided the staff report, outlined the
recommendations and responded to questions from the Council.
Public Comments:
Stephen Moorer expressed appreciation to those who provided donations and
spoke in favor of adding an alternative design for terraced steps.
---End of Public Comments--Mayor Burnett reported that he had requested advice from the Fair Political
Practices Commission (FPPC) about whether or not there would be a conflict if
any member of the Council made a donation and the opinion he received from the
FPPC was that there would not be a conflict. He added that he personally had not
made a contribution.
Action: Upon a motion made by Council Member Theis, seconded by Council
Member Talmage, the Council authorized: 1) the acceptance of donations from
PacRep for up to $60,000 to pursue the alternate design commonly referred to as
the terraced steps for the side aisles within the seating bowl; and
2) the City Administrator to negotiate and execute an amendment to the services
agreement with Cody Anderson Wasney Architects in an amount not to exceed
$15,000 to provide construction documents, etc., for the terraced steps design;
and 3) the City Administrator to negotiate and execute a potential change order to
the construction contract between the City and Otto Construction in an amount not
to exceed $45,000 for the implementation of the terraced steps; and 4) the City
Administrator to work with the donor on the allocation of the donated dollars as
will be applied to the design and the construction phases of the project.
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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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April 7, 2015
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Item 8.E:

Update on Solid Waste Services Franchise Agreement Transition

Public Services Director Sharon Friedrichsen provided a brief staff report. Emily
Finn, Green Waste Recovery, provided an extensive overview of transition efforts
and future services. Council questions followed.
Public Comments:
Barbara Livingston expressed gratitude for the presentation and asked a few
questions. Ms. Finn responded.
---End of Public Comments--No action was taken.
Item 8.F:

Ordinance amending the Purchasing Policy

Public Services Director Sharon Friedrichsen presented the staff report and
pointed out a revision to the ordinance distributed earlier.
There were no comments from the public.
Action: Upon a motion made by Council Talmage, seconded by Council Member
Dallas, the Council waived the reading in full and introduced on first reading
Ordinance 2015-01 amending Title 3, Chapter 12 of the Citys Municipal Code
pertaining to the purchasing system, as revised by staff. (5:0)
FUTURE AGENDA ITEMS: None
.
ADJOURNMENT: There being no further business in Open Session, Mayor
Burnett adjourned the meeting at 9:05 p.m. Mayor Burnett reported that the City
Council would convene in Closed Session to consider the following matter:
CLOSED SESSION:
Item 1:

LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA

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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
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April 7, 2015
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APPROVED:

ATTEST:

________________________
Jason Burnett, Mayor

_______________________
Lee Price, MMC
Interim City Clerk

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Council Meeting Date: May 4, 2015
Agenda Item: 4.A
Page 13