CITY OF CARMEL-BY-THE-SEA

Council Report
March 3, 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 January 15, 2015 and February 3, 2015

RECOMMENDATION(S): Approve the Minutes.

ATTACHMENTS:
1.
2.

Minutes of the Special City Council Meeting on January 15, 2015

Minutes of the Regular City Council Meeting on February 3, 2015

APPROVED:
____________________________________
Douglas J. Schmitz, City Administrator

Council Agenda Packet for 3/3/15

Page 7

Date: __________________

Council Meeting Date: 3/3/15

Agenda Item: 7.A

MINUTES
CLOSED AND WORKSTUDY MEETING
CARMEL-BY-THE-SEA CITY COUNCIL
Thursday, January 15, 2015

CALL TO ORDER: Mayor Burnett called the meeting to order at 3:30 p.m.
ROLL CALL:
Present:

Mayor Burnett and Council Members Beach, Dallas, Talmage and

Theis

Staff Present:

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney
Lori Frontella, Interim City Clerk
Janet, Bombard, Library and Community Activities Director
Robert Mullane, Community Planning and Building
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director
Andrew Vanderford, Special Projects Manager

PLEDGE OF ALLEGIANCE:
Manager, led the pledge.

Andy Vanderford, Public Works Special Projects

PUBLIC APPEARANCES: Mayor Burnett asked for public comments on items not on
the agenda and/or regarding closed session matters. Hearing none, Mayor Burnett
closed the Public Comments.
CLOSED SESSION: The Council adjourned to Closed Session to discuss the
following:
Item 1:

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Subdivision (d) (1) of Government Code Section 54956.9
Name of case: Steven McInchak, Plaintiff v. City of Carmel-by-the-Sea,
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

Council Agenda Packet for 3/3/15

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Item 3:

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

Mayor Burnett reported that direction was provided to Staff on all matters.
Council adjourned Closed Session at 5:30 p.m. Mayor Burnett called for a recess until
6:30 p.m.
WORK STUDY SESSION: At 6:30 p.m. the City Council reconvened in Open Session.
Andy Vanderford, Public Works Department Special Projects Manager, led the Pledge
of Allegiance.
Item 1:

FOREST THEATER

Architect Chris Wasney, Cody Anderson Wasney Architects, provided an in-depth

overview of the Forest Theater Triage Phase I Program (Alternative D approved by the
Council on October 29, 2014). He walked the Council through the key design issues
and mentioned potential impacts to Phase I based on the rough schematic of Phase II.
Council questions followed.
Public Works Special Projects Manager Andy Vanderford summarized the Hazardous
Materials Survey and reported that the estimated cost for remediation is approximately
$25,000. He also explained the process for bids, outlined the timeline and responded
to Council questions.
Public Comments:
Stephen Moorer, Executive Director of the Pacific Repertory Theater, submitted a
packet of alternative design options for Council consideration.
Yvonne Hildebrand-Bowen, Forest Theater Guild, expressed appreciation to Mr.
Wasney for his refinements to the plans.
Carolyn Hardy complimented the architectural team for being responsive to input from
the stakeholders and urged the Council to proceed without delay.
Karyl Hall, Pacific Repertory Theater Board President, spoke in favor of ideas
recommended by Mr. Moorer and submitted five letters of support from citizens that
could not attend the meeting.
Actor Ken Cussen expressed concerns about handicap access and about the number of
parking spaces allocated for the disabled.

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Don Hillburn, Chair of the Advisory Council for the Pacific Repertory Theater, remarked
that he would like to see the theater back open sooner, especially for the indoor
dramatic arts for children.
Paul Hart, Pacific Repertory Theater Board Member, provided suggestions related to
handrails and spoke in favor of a 20:1 pathway on the west side.
Jim Bennett, Collie McBride, Mickie Mosley, Jeff Mullands, Douglas Ambert and John
Shoemaker spoke in support of ideas proposed by Mr. Moorer for an alternative
pathway and handicap access to the restrooms on the west side.
Kathy Sparlini asked questions regarding the number of doors and width of the gates on
both the Guadalupe and Santa Rita sides of the theater. She added that she was
concerned about patrons smoking in these areas.
---End of Public Comments--Council discussion followed.
Action: Upon motion by Mayor Burnett , seconded by Council Member Talmage, and
amended at the request of Mayor Pro Tem Beach, the Council adopted the Phase ITriage Phase, with guidance to the architect and staff per the comments noted as
follows (1-8), approved the temporary restrooms to the east side of the property,
received the hazardous materials report, received the Phase II concepts and authorized
the Phase I Triage Project to go to bid; and tabled the issue of appointment of
community members for Phase II for the time being.
1. That Council ask the architects to do a review overall of minimizing railings,
particularly railings around the steps coming up from the lower parking lot.
2. Ask Architect and Staff to look at the option of the 6 foot landings in the aisles.
3. General review to avoid right angles and straight lines, and general conformity
with City design guidelines.
4. State a preference for quick completion, leave the details to the City Administrator
5. Appoint City Administrator as the final decision maker for issues that come up
through construction
6. Reiterate desire for a Master Plan, out of which the City can identify investments
that can be made in the coming Fiscal Year

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

7. As part of the Master Plan, an assessment of the feasibility of a 1-in-20 pathway

on the west side going into the mid-aisle bowl and a 1-in-20 pathway from the
parking lot in the ADA connected area.
8. Look into the feasibility to move the future restroom side ramp to the fence,
subject to complying with the zoning regulations.

There being no further business, the Mayor adjourned the meeting at 9:46 p.m.

APPROVED:

ATTEST:

________________________
Jason Burnett, Mayor

_______________________
Lee Price, MMC
Interim City Clerk

Council Agenda Packet for 3/3/15

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

MINUTES
REGULAR CITY COUNCIL MEETING
CARMEL-BY-THE-SEA
Tuesday, February 3, 2015
Mayor Pro Tem Beach called the meeting to order at 4:30 p.m.
ROLL CALL:
Present:

Council Members Dallas, Talmage and Theis, and Mayor

Pro Tem Beach

Absent:

Mayor Burnett

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
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director
Paul Woods, Finance Manager
Mike Branson, City Forester

PLEDGE OF ALLEGIANCE: Interim City Clerk Lee Price led the pledge.
EXTRAORDINARY BUSINESS: Mayor Pro Tem Beach recognized the
following members of the Community:
a. Carmel Pine Cone Publisher Paul Miller was recognized to honor the
100th Anniversary of the Pine Cone
b. Carmel-by-the-Sea 2016 Committee Members were recognized for
their work. (Present: Ann Hougham, Steve Brooks, Greg Celletti, Neal
Kruse)
MOMENT OF SILENCE: Mayor Pro Tem asked for a moment of silence in
memory of former City employees Rose Franzen and Steve McInchak.
ANNOUNCEMENTS:
Mayor ProTem Beach announced opportunities for the public to comment on the
Ft. Ord urban design guidelines process.

Council Agenda Packet for 3/3/15

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

City Administrator Schmitz provided the following updates:

a) Community Workshop on Parking Program February 19th at 6:00
p.m. at Sunset Plaza
b) Item 7.G to be deferred to the March meeting due to lack of quorum
required to consider the matter
c) Stump removal update
d) This Month in Carmel History
e) Status of Unisex Restrooms on Scenic Drive
PUBLIC APPEARANCES:
Sue McCloud, Centennial Committee Chair, demonstrated the Centennial
Website and announced that the next committee meeting is February 18th at 4:00
p.m.
Gary Richard Arnold spoke regarding the surrender of local authority to political
machines.
Richard Kreitman expressed concerns regarding noise/pollution from idling,
parked delivery vehicles downtown.
CONSENT CALENDAR:
Upon a motion made by Council Member Talmage, seconded by Council
Member Theis, the Council unanimously approved the Consent Calendar, but for
Items 7.G (to be deferred until March) and 7.I (at the request of a member of the
public).
Item 7.A:

Consideration of Approval of City Council Minutes:

a. Minutes of the Special Meeting of January 5, 2015
b. Minutes of the Regular Meeting of January 6, 2015
Action: Approved. 4:0

Item 7.B:

Approval of Warrant Register for the Month of December, 2014.

Action: Approved. 4:0

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Item 7.C:

Receive Monthly Summary Reports:

a. Police, Fire and Ambulance Reports
b. Code Compliance Reports
c. Public Record Act Logs (City Clerk & Police)
d. Forester Report
Action: Accepted. 4:0

Item 7.D:

Consideration of 2015 Budget Calendar

Action: Adopted. 4:0

Item 7.E:

Consideration of a Resolution Adopting a Revised Job

Description for the Administrative Coordinator (Public Works
and Community Building and Planning)
Action: Adopted Resolution No. 2015-010, as recommended. 4:0

Item 7.F:

Consideration of a Resolution of the City Council of the City of

Carmel-by-the-Sea Adopting a Whistleblower Policy and giving
the City Administrator Direction to Implement
Action: Adopted Resolution No. 2015-011, as recommended. 4:0

Item 7.G:

Consideration of findings for approval for Sign Application (SI

14-36) for an exterior wall-mounted business sign at a site
located in the Service Commercial (SC) Zoning District
(Seventh and Dolores Building)
Action: Deferred to the March 2015 meeting.

Item 7.H:

Consideration of a Resolution consenting to the Inclusion of

Properties within the Citys Jurisdiction in to the California
HERO Program
Action: Adopted Resolution No. 2015-012, as recommended. 4:0

Item 7.J:

Appointment to the Community Activities and Cultural

Commission
Action: Appointed Stacy Meheen for a term to expire on
December 31, 2016. 4:0

Item 7.K:

Gann Limit Calculation Correction for FY13-14 and FY14-15

Action: Approved. 4:0

Council Agenda Packet for 3/3/15

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Mayor Pro Tem invited Karen Ferlito to the podium to comment on the following
item pulled from the Consent Calendar, at her request:
Item 7.I

Consideration of Resolution Authorizing the City Administrator

to Execute a Professional Services Agreement with Native
Solutions for Biological Services for the Dunes Habitat
Restoration Project.

Public Comments: Karen Ferlito, Neils Reimers and Richard Kreitman asked
clarifying questions about details regarding Year 3 programming (specifically
Cypress Tree removal), the project budget and anticipated timeline. City
Forester Mike Branson and City Administrator Doug Schmitz responded to the
questions.
Action: Upon a motion made by Council Member Theis, seconded by Council
Member Talmage, the Council unanimously adopted Resolution No. 2015-013
Professional Services Agreement with Native Solutions for Biological Services for
the Dunes Habitat Restoration Project, as recommended. 4:0
ORDERS OF COUNCIL:
Item 8.A:

Presentation on Highway 68 Roundabout

Ariana Green, Monterey County Transportation Agency Planner, provided a

PowerPoint presentation and responded to questions. City Administrator Doug
Schmitz expressed concerns regarding emergency access to CHOMP during
construction. Rich Deal, Traffic Engineer for the City of Monterey provided
additional information.
Public Comments:
Sue McCloud and Carolyn Hardy expressed concerns regarding emergency
access to the hospital. Jim Emery suggested that the planning take into account
the value of time lost by delayed drivers and suggested that work be done at
night to off-set delays to commuters.
---End of Public Comments---Action:

Report received. Council requested an update late Summer 2015

before construction begins (tentatively scheduled for September).

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Item 8.B:

Presentation on Monterey County Convention & Visitors

Bureau Mid-Year Report for Carmel-by-the-Sea

Tammy Blount, President/CEO of the Monterey County Convention & Visitors

Bureau provided the formal presentation and responded to questions.
Public Comments:
Hugo Ferlito suggested that members of the tour/travel industry emphasize the
white sand in Carmel. Cat Owedas proposed that consideration be given to
ensuring visitors from Asia feel welcomed.
---End of Public Comments--Action: Report received.
At 6:15 p.m., Mayor Pro Tem Beach called a five-minute recess. At 6:20 p.m. the
meeting resumed.
Item 8.C:

Consideration of recommendations related to a beach fire

management pilot program

Council Member Theis announced that she would be abstaining due to a

potential conflict of interest (business-related) and left the Chambers.
Sharon Friedrichsen, Public Services Director, provided the staff report. Richard
Stedman of the Monterey Bay Unified Air Pollution Control District presented an
in-depth report on public health-related issues. Questions from the public
followed. Sharon Friedrichsen, Public Services Director, presented a video
capturing visual impacts to the beach and summarized the recommendations.
Public Comments:
Speaking about the pilot program and offering suggestions regarding fire ring
design, portable alternatives and public education : Barbara Livingston, Hugo
Ferlito, Calli Levas, Richard Kreitman, Trent Davis, Skip Lloyd, Richard Pepe,
Robert Richards, Jan Reimers, (speaking as a member of the public and not as a
Planning Commissioner), Sarah Berling, Mary Liskin, Mark Schott, Malone
Hodges, Ben Beasley, Marsha Zelus, Roberta Miller, Lynette ______, Juliette
Gonzalez, John Perkins, Graeme Robertson, Maggie Eatori (Sustainable
Carmel), Sue McCloud, Kathy Bang and Karen Ferlito.
Mary Lou Schleob voiced objections to installing fire rings because doing so will
impact the neighborhood.
Nancy Chira-Garcia also objected and proposed more beach clean-up.
Council Agenda Packet for 3/3/15
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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Brian Andrews voiced concerns about the Citys priorities when there are people
dying in Seaside due to violent crimes.
Dane Anderson asked what would happen if devices are stolen.
Mayor Pro Tem Beach called for a recess at 8:50 p.m. At 9:00 the meeting
resumed. Council discussion followed.
Actions: Upon a motion by Council Member Talmage, seconded by Council
Member Dallas, the Council unanimously moved to approve the pilot program as
recommended by the Planning Commission as modified to include the following
13 points; authorized staff to begin implementation of the pilot program, including
submittal of a coastal development permit to the Coastal Commission and
approved the funding of one police officer position to assist in education:
1.
2.
3.
4.

Wood-burning fires must be contained within a fire containment device;

Use of 26 semi-permanent fire containment devices at five locations ;
Devices would be on a first come, first serve basis;
Devices would be removed seasonally with up to six devices left during
winter;
5. Unlimited user-supplied propane fire devices allowed south of 10th
Avenue year-round;
6. Enhanced education and enforcement five days a week until 11 PM;
7. Aesthetics/Appearance of device style: Select several samples for
broad community input;
8. 25 portable devices for public use on the July 4th and Labor Day
Holiday weekends;
9. Direction to staff to consider: Explore reservations systems and
determine if there are Coastal Commission regulations prohibiting
reservations;
10. Prepare a comprehensive beach budget for 2015-16, or earlier, to
include funding for the Beach/Parks Police Officer position, clean-up
and green waste pick-up;
11. Remand to the Forest & Beach Commission for regular review, with
periodic reports to the City Council;
12. Develop metrics for monitoring before and after activities/progress; and
13. Explore options for portable devices.
Passed 3:0:1 (Theis abstained)
Council Member Theis returned to the dais.

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

Item 8.D:

Consideration of a Resolution approving the Mid-Year

Financial Review for FY14-15 and approving Supplemental
Appropriations

Paul Wood, Finance Manager, presented the staff report.

Actions:

Item 8.E:

Upon motion made by Council Member Talmage, seconded by

Council Member Theis, the Council unanimously adopted
Resolution No. 2015-14 approving the Mid-Year Financial Review
for FY14-15 and approving Supplemental Appropriation, as
recommended; and directed the City Administrator to bring back
supplemental appropriation requests for beach protection,
preservation and enforcement for Forest Theater. 4:0
Consideration of a Resolution awarding a Construction Contract to
Stowe Construction, the Lowest Responsible Bidder, for the Del
Mar Parking Lot Permeable Pavers Sidewalk Improvement Project
for a Not to Exceed Amount of $116,274.00 and Approving a Not to
Exceed Amount of $5,232.00 for Project Contingency.

City Forester Mike Branson and City Administrator Doug Schmitz provided the
staff report.
Public Comments:
Karen Ferlito and Barbara Livingston voiced objections to proceeding with the
project and urged the Council to take no action to award the bid.
Council discussion followed. City Administrator Doug Schmitz recommended that
Council direct staff to engage a landscape architect to take a comprehensive look
at the area from San Antonio to the bluff.
Action: Upon a motion by Council Member Talmage, seconded by Council
Member Dallas, the Council unanimously agreed to deny the recommendation to
award the bid and directed staff to come back when ready with a proposal to do a
comprehensive review. 4:0
FUTURE AGENDA ITEMS: At the suggestion of Council Member Talmage, the
Council agreed to direct the City Administrator to investigate and return with a
report regarding the circumstances of possible alteration to the North Dunes plan.
ADJOURNMENT: There being no further business, Mayor Pro Tem Beach
adjourned the meeting at 10:30 p.m.

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Council Meeting Date: 3/3/15

Agenda Item: 7.A

APPROVED:

ATTEST:

________________________
Jason Burnett, Mayor

_______________________
Lee Price, MMC
Interim City Clerk

Council Agenda Packet for 3/3/15

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Council Meeting Date: 3/3/15

Agenda Item: 7.A