draft minutes 05-02-16
TRANSCRIPT
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CITY OF CARMEL-BY-THE-SEA
TO:
Honorable Mayor and Members
of
the City Council
Chip Rerig City Administrator
FROM:
Ashlee Wright City Clerk
May 2
2 16
Consent Calendar
SUBJECT: Draft Minutes
of
the Special Meeting Tour
of
Inspection held
April4
2016
Draft Minutes
of
the Special Meeting held April
4
2016
Draft Minutes of the Regular Meeting held AprilS 2016
RECOMMENDATION
By motion to the Consent Calendar approve the Minutes of the Special Meetings of April 4 2016 and
the Regular Meeting of April 4 2016.
ATTACHMENTS
1. Draft Minutes
of
the Speci
al
Meeting Tour
of
Inspection held April 4 2016
2. Draft Minutes
of
the Special Meeting held April4 2016
3. Draft Minutes of the Special Meeting held AprilS 2016
P P R V
Date:
C : 7_t;
Chip Rerig CitY Administrator
Page 1
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DRAFT MINUTES
SPECIAL JOINT MEETING
CITY COUNCIL
AND
BOARDS AND COMMISSIONS
MONDAY
April4
2016
Mayor Burnett called the meeting to order at 3:00PM.
Roll Call
Present:
Absent:
Council Members Talmage and Theis, and Mayor Burnett, Council Members
Beach and Dallas joined the Council on-site t the Forest Theater.
None
The Council and members
of
the Planning Commission, Historic Resources Board, Forest and
Beach Commission, Community Activities and Cultural Commission, and Harrison Memorial
Library Board present in the Council Chamber and then proceeded to the Fo rest Theater
located on Santa Rita Street between Ocean and Mountain V iew Avenues for a
lour
of
inspection led by representatives from Cody, Anderson , Wasney.
Board and Commission Members present: Maggie Eaton, Don Goodhue, Donna Jett, Karen
Ferlito, Lynn Momboisse, Bobby Richards, and lan Martin.
Staff Members Present: Chip Rerig, City Administrator, Rob Mullane, Pu blic Works Director, Joe
Headly, Building Official , Andy Vanderford, Project Manager, Mike Branson, City Forester, Janet
Bombard, Library and Community Activities Director, Margi Perott
i Commu
ni
ty Activities
Assistant, Marc Weiner, Senior Planner, Joel Staker, Information Systems Manager, Mike
Calhoun, Public Safety Director, and Ashlee Wright, City Clerk.
Members of the public were also
p r e ~ e n t
There being no further business, Mayor Burnett adjourned the meeting at approximately
4:00PM.
APPROVED:
ATTEST:
Steve Dallas, Mayor
Ashlee Wright, City Clerk
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DRAFT MINUTES
CITY COUNCIL SPECIAL MEETING
CARMEL-BY-THE-SEA
MONDAY April 4 2016
Mayor Burnett called the meeting to order at 4:33PM.
ROLL CALL
Present:
Absent:
Staff Present:
Council Members Beach, Dallas, Talmage, Theis, and Mayor Burnett
None
Chip Rerig, City Administrator
Mike Calhoun, Public Safety Director
Don Freeman, City Attorney
Ashlee Wright, City Clerk
Mayor Burnett announced the Closed Session Items.
Item
1:
Item 2:
Item 3:
LABOR NEGOTIATIONS
Meet and confer with the Carmel-by-the-Sea s Meyers-Milias Brown Act
representative, Public Safety Director Mike Calhoun, to give direction regarding
labor negotiations with ambulance personnel pursuant to subdivision (a) of
Government Code Section 54957.6
REAL PROPERTY NEGOTIATIONS
Pursuant to subdivision (a) of Government Code Section 54956.8.
Property: Sunset Cultural Center, San Carlos Avenue between 8
1
h and 1oth
Avenues . Negotiating parties: City Administrator Chip Rerig and the Sunset
Cultural Center Board of Trustees. Under Negotiation: (Lease) agreement
negotiations concerning price and terms of payment.
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
Item 4: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code
Section 54956.9: 1 case
Public Comment - None
Council adjourned to Closed Session at 4 :35PM. Council resumed in open session at 5:35PM
ROLL CALL
Present: Council Members Beach, Dallas, Talmage , Theis, and Mayor Burnett
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Absent:
Staff Present:
None
Chip Rerig, City Administrator
Mike Calhoun, Public Safety Director
Don Freeman, City Attorney
Ashlee Wright, City Clerk
Paul Wood, Finance Manager
Janet Bombard, Library and Community Activities Director
Rob Mullane, Public Works Director
Marc Wiener, Senior Planner
Sharon Friedrichsen, Directory
o
Budgets and Contracts
Sherman Low, City Engineer
Council Member Theis led the pledge of allegiance
PUBLIC
PPE R NCES
Mayor announced closed session items and stated that Council had provided direction on Item
1 and received an update on Item
3
City Attorney Don Freeman provided an update to the public on Item 3 and an update on Item
and that the potential litigation is short-term rental. He recommended that Item 17 AB 1114 is
being remanded back to the Community Activities and Cultural Commission or reconsideration
because of a conflict
o
interest
Janet Bombard, Library and Community Activities Director stated that the next Community
Activities and Cultural Commission meeting is scheduled for Tuesday, April 12, 2016 at 9:30am
Mayor Burnett opened Public Comment on remanding Item 17
Paul Hart and no name given spoke
on
this item.
---End Public Comment---
Action
Upon a motion made by Mayor Burnett , seconded by Council Member Dallas, Council
moved to remand Item
17
AB 1114 Consideration of a request to authorize shared use of the
Indoor Forest Theater by the Forest Theater Guild, Pacific Repertory Theater, and the 2016
Centennial Committee during the 2016 season and provide direction back to the Community
Activities and Cultural Commission.
5:
PUBLIC PPE R NCES
Stacey Meheen
Karen Ferlito
---End Public Comment---
Mayor Burnett mentioned the site visit and commended the Chris Wasney and his staff and City
staff and their work on this project.
Mayor Burnett announced the revised agenda so that action can be taken.
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CONSENT AGENDA
Action: Upon a Motion made by Council Member Theis, seconded by Council
Member
Dallas,
Council unanimously approved the Consent Calendar with the exception of Items 6, 7 8,
9
11
as follows:
Item 5:
Item 10:
Item 12:
Item 13:
Minutes for the February 29, 2016 Special Council Meeting ,
March
1
2016 Regular Council Meeting, and March 15,2016 Special Meeting.
Approved 5:0
AB 11 07 Authorization of the Mayor to send a letter in support for State
Assembly Bill 2730: Department of Transportation Prunedale Bypass: County of
Monterey: disposition of excess properties. Authorized 5:0
AB 1109
Award
a Construction Contract
to
Monterey Peninsula Engineering for
the 2016 Sidewalk and Concrete Pavement Repair Project in an
Amount
Not to
Exceed 95,160.00 and Authorize a Budget Transfer for an
Amount
Not to
Exceed 33,500.00.
Adopted Resolution 2016-022 5:0
AB 111 0 Authorization of the City Administrator to enter into a new Areas of
Special Biological Significance (ASBS)-Compliance Related Tolling Agreement
with the State Water Resources Control Board (State
Water
Board) to extend the
period of the Tolling Agreement until April 18, 2018, and authorization of a budget
adjustment to cover the legal costs of the agreement preparation and execution.
Adopted Resolution 2016-023 5:0
NOTE: Item 15
was
originally approved
by
the Council This approval was later rescinded
t
this
same
meeting and Item 15 was remanded back to the Community Activities and Cultural
Commission
Item 15:
AB
1112 Consideration of a resolution authorizing the Ci
ty
Administrator to
purchase light
and
sound towers and trusses for the outdoor Forest Theater at a
cost not to exceed 20 ,000 and authorizing the installation of light and sound
towers and trusses at the outdoor Forest
Theater
.
Public Comment- None
he following items were pulled by members of the public
or by
a Council Member and taken up
separately:
Item 6: Check Register for the Month of January and the Month of February.
Public Works Director Rob Mullane responded to questions from Council
Public Comment -
None
Action : Upon a motion made by Mayor ProTem Talmage, seconded by Council Member
Beach, Council moved to approve the Check Register for the Month of January and the Month
of February. 5:0
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Item 7: Monthly Reports for the Month of February
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
g. Forest Theater Report
Council Member Beach requested a more thorough Foresters Report .
Mayor Burnett requested that the Forest and Beach Commission weigh in on the Forest Theater
Trees.
Action: Upon a motion made by Council Member Beach, seconded by Mayor ProTem
Talmage, Council moved to receive the monthly reports. 5:
Item 8: AB 1105 Authorization
of
Agreement with Accela , Inc. for implementation of a
financial system and a hosting agreement for a five year term for
an
amount not
to exceed 199,500.
City Administrator Chip Rerig, Sharon Friedrichsen, Director of
Budgets and Contracts, Paul
Wood, Finance Manager, and Carolyn Hardy responded to Council question.
Public Comment - None
Action: Upon a motion made by Mayor ProTem Talmage, seconded by Council Member
Beach, Council moved to authorize an agreement with Accela , Inc. for implementation of a
financial system and a hosting agreement for a five year term for an amount not to exceed
199, 500.
5:
ORDERS
Item 16: AB 1113 Consideration
of
proposed amendments to the Draft Forest Theater
Use Agreement and ratification of the Forest Theater Use Agreement as
amended by Council direction.
Council discussion followed and Janet Bombard, Library and Community Activities Director
responded to Council questions.
Public Comment
Barbara Livingston spoke on this item.
---End Public Comment---
Council discussion followed .
Action: Upon a motion made by Council Member Dallas, seconded by Council Member The is
Council Moved to remand Item 16 back to the Community Activities and Cultural Commission
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due to the conflict of interest of a Commissioner who did not recuse themselves when the Item
was heard by the Community Activities and Cultural Commission. 5:
Mayor Burnett called a recess at 6:41PM. The meeting resumed at 6:47.
Item 14:
S 1111
Receive report regarding a request from the Forest Theater user groups to
purchase an
D
accessible
golf
cart
to
provide managed parking services at the Forest
Theater.
p
. 150)
Public Comment
Stephen Moorer spoke
on
this item.
---End Public Comment---
Action Upon a motion made by Mayor Burnett, seconded by Council Member Dallas, Council
moved to rescind the approval of Item 15 and to refer Items
14, 15
, and 17 back to the
Community Activities and Cultural Commission due to the conflict of interest of a Commissioner
who did not recuse themselves when the Items were heard by the Community Activities and
Cultural Commission, not to return to Council in the future unless necessary.
5:
CONSENT
Item 9:
AS 1106 Authorization
of
the Mayor to send a letter to the California Public
Utilities Commission (CPUC) protesting rate increases proposed by California
American Water, Co. (Cal-Am).
Mayor
ProTem
Talmage stated that he has revisions to the letter offered to help Mayor Burnett
incorporate in those suggested revisions prior to the transmittal of the letter.
Action
Upon a motion made by Council Member Beach, seconded
by
Council Member Theis,
Council moved to authorize the Mayor to send a letter to the California Public Utilities
Commission (CPUC) protesting rate increases proposed by Californ ia American Water, Co. with
future suggested revisions to be made by Mayor ProTem Talmage. 5:
Item 11:
S
1108 Award a Construction Contract to Monterey Peninsula Engineering for
the 2016 Street Project
in
a Total Amount Not to Exceed 1,121 ,938.00;
Authorize a Budget Adjustment of 102,300 for the 2016 Street Project and
Amend the Professional Services Agreement with Neill Engineers Corp. for an
Amount Not to Exceed 67,200.
Council discussion followed. City Administrator Chip Rerig responded to questions.
Public Comment - None
Action Upon a motion made by Council Member Beach, seconded by Council Member Dallas,
Council moved to Award a Construction Contract to Monterey Peninsula Engineering for the
2016 Street Project
in
a Total Amount Not to Exceed 1,121 ,938.
00;
Authorize a Budget
Adjustment of 102,300 for the 2016 Street Project and Amend the Professional Services
Agreement with Neill Engineers Corp. for an Amount Not to Exceed 67,200 with the following
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recusals: Mayor Burnett and Council Member Theis recused themselves from the Dolores
street section Council Member Dallas recused himself from the Guadalupe between Ocean and
2nd and Santa Rita between
3 rd
and 5
1
h 5:0
FUTURE GEND ITEMS
ADA
and parking management
Boards and Commissions and recusals
DJOURNMENT
There being no further business the Mayor adjourned the meeti
n
at 7:15PM
APPROVED: ATTEST:
Steve Dallas Mayor Ashlee Wright City Clerk
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DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CARMEL BY THE SEA
Tuesday April5 2016
Mayor Burnett called the meeting to order at 4:35PM.
ROLL CALL
Present
Absent:
Staff Present:
Council Members Beach Dallas Talmage Theis and Mayor Burnett
None
Chip Rerig City Administrator
Don Freeman City Attorney
Mike Calhoun Public Safety Director
Rob Mullane Public Works Director
Marc Wiener Senior Planner
Jacob Clifford Police Officer
Joseph Martis Community Services Officer
Ashlee Wright City Clerk
EXTRAORDINARY BUSINESS
Michael Doyle Jr. provided a progress update
on
the Scout House project completed by
th
e
Boys Scouts.
Mayor Burnett led the Council and community
in
a moment of silence to honor the passing of Erl
Lagerholm.
Rob Mullane Public Works Director introduced Demonic Marquez Maintenance Worker.
i
ke
Calhoun Public Safety Director introduced Jacob Clifford Police Offic
r
and Joseph Martis
Community Services Officer.
Chip Rerig City Administrator presented a certificate
of appreciation to Council Member Victoria
Beach to commemorate her service on the Council. Mike Calhoun Public Safety Director
presented a certificate of appreciation
for
Mayor Jason Burnett to commemorate his se
rv
ice
on
the Council.
ANNOUNCEMENTS
Mayor Burnett and Council Member Beach provided clarification and reasoning for posting for a
Special Meeting that was then cancelled .
Don Freeman City Attorney announced the Closed Session items and stated that Cou ncil had
re
ceived updates and provided direction. He provided an update on Short-term Rental
enforcement and stated that staff was also working on addressing the issue of aggressive sales
people
in
the public right-of-way.
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Chip Rerig, City Administrator, announced that at the previous night s meeting the Council had
authorized
an
agreement with Accela for implementation
of
a financial system, a major
milestone
in
rebuilding the City s technological infrastructure.
Mayor Burnett appointed Tom Brocato to the Centennial Committee.
Sue McCloud, Tom Brocato and Barbara Livingston provided an update
on
Centennial
Committee activities.
Council Members Theis and Beach provided an update on progress on evaluating firms
to
conduct facilitated management evaluations for the City Administrator and City Attorney.
Council Member Dallas recommended that community members view the historic display at the
First Murphy House.
PUBLIC PPE R NCES
The following members
of
the public spoke during public appearances:
Karen Ferlito
Mayor Jerry Edelen
Ellen Gannon
Barbara Livingston
Bob Profeta
Teresa Bradford
Judy Refuerzo
Denise Otterson
Carolina Bayne
Lynette Zimmerman
---End Public Appearances---
Don Freeman, City Attorney and Mayor Burnett provided clarifications on issues and questions
raised during public appearances.
ORDERS
Item :
Presentation of a Resolution of Appreciation of Jason Burnett from Dave Stoldt of
the Monterey Peninsula Water Management District.
Dave Stoldt, General Manager of the Monterey Peninsula Water Management District presented
Mayor Burnett with a Resolution of appreciation
of
the Monterey Peninsula Water Management
District.
Public Comment - None
No Council action was taken .
Item
8:
B
1115 Consideration of the approval
of
a Beach Fires Pilot Program and
provide direction to
st ff
to return to Council in May with a Coastal Development
Permit.
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Rob Mullane, Public Works Director, provided the staff report.
Council discussion followed and Rob Mullane, Public Works Director responded to Council
questions.
Public Comment
Lynette Zimmerman, Roy Thomas, no name given, Robert Kessler, Margaret Eaton, Deborah
Stevens Ledger, Fermin Sanchez, no name given, Skip Lloyd, Richard Kreitman, Denise
Otterson, Hugo Ferlito, Judy Refuerzo, Catherine Stitz, Brandon Cassickey, Laurie Salache
McPherson spoke on this item.
Mayor Burnett called for a recess at 7:40PM. The meeting was resumed at 7:50PM and public
comments were resumed.
Gerald Dudley, Barbara Livingston, Jeanne McCullough, Dave Mosely, Gary Bang, Kathy Bang,
Lynn Ross, Nancy Chera Garcia spoke
on this item.
A brief recess was taken and the meeting was then resumed.
Karen Ferlito spoke on this item.
---End Public Comment---
Don Freeman, City Attorney, provided clarifications.
Richard Stedman, Air Pollution Control Officer or the Monterey Bay Air Resources District,
provided additional comments.
Council discussion followed .
Mayor Burnett called a recess at 9:05PM and the meeting resumed at 9:
OPM
.
Council discussion followed.
Action: Upon a motion made by Council Member Beach, seconded
by
Council Member Dallas,
Council moved to provide direction to staff on a revised Beach Fires Pilot Program:
Effective this summer and lasting 3 years.
Adaptive management evolving as program progresses.
Phase 1
is
a restoration year
o
user supplied propane only devices limited to areas
south of oth
No more unlimited wood fires.
No more wood fires
on
sand.
Add initial, thorough sand sifting cleaning from north to south boundary.
During phase 1, workshop possible wood fire containment devices, expansion of area,
other means of expanding access, or other modifications for phase 2.
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Eliminate existing moratorium on weekends and holidays .
Eliminate city provision
of
individual devices six public devices .
Encourage the private sector to offer rental devices .
Recommend use
of
devices with a UL rating .
Reduce reports from monthly
to
semi-annual.
Written legal, insurance, fire, and public safety opinions.
Confer with Cities in southern CA that have completed similar projects.
CEQ
review.
Include enforcement plan.
Include communications plan.
Explore options
for
monitoring access.
Document process undertaken for the development of Carmel's Pilot Program.
There being no further business, Mayor Burnett adjourned the meeting at 9:35PM.
PPROVED:
TTEST
:
Steve Dallas,
Mayor
Ashlee
Wr
i
ght
, City Clerk