minutes 07-07-15.pdf

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To:

From

Subject

CITY OF CARMEL-BY-THE-SEA

Council Report

July 7 2015

Honorable Mayor and Members

of

the City Council

Douglas J. Schmitz, City Administrator

Lee Price, Interim City Clerk and Ashlee Wright, Deputy City Clerk

Minutes of the Special Meeting of May 4 2015

Minutes

of

the Regular Meeting

of

May 5, 2015

Minutes of

the

Special Meeting of

May

7, 2015

Minutes of the

Special

Meeting of June 1, 2015

Minutes

of the Regular Meeting of June 2, 2015

Minutes of

the

Special Meeting of June 15, 2015

Minutes of

the Special Meeting

of June

29, 2015

RECOMMENDATION S):

By motion to the Consent Calendar, approve the Minutes

of

the May 4, 2015, May

7

2015, June 1, 2015, June 15, 2015, and June 29, 2015 Special and May 5 2015 and

June 2, 2015 Regular City Council Meetings.

SUMMARY:

Attached are the Minutes

of

May 4, 2015, May

5

2015,

May

7, 2015, June 1, 2015, June

2, 2015, June 15, 2015, and June 29, 2015 City Council meetings.

ATTACHMENTS:

1.

2

3

4

5

6.

7

Minutes

of

the

May

4, 2015 Special Meeting

Minutes

of

the May 5 2015 Regular Meeting

Minutes

of

the May

7

2015 Special Meeting

Minutes

of

the June 1, 2015 Special Meeting

Minutes of the June 2, 2015 Regular Meeting

Minutes of the June 15, 2015 Special Meeting

Minutes

of

the June 29, 2015 Special Meeting

Douglas J

,

Date:

1/ 0; J

Council Meeting Date: 07/07/2015

Agenda Item: 7.A

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MINUTESCITY COUNCIL SPECIAL MEETING

CARMEL-BY-THE-SEA

Monday, May 4, 2015

Mayor Burnett called the meeting to order at 4:35 p.m.

ROLL CALL:

Present: Council Members Dallas, Talmage, Theis, Mayor Pro TemBeach and Mayor Burnett

Absent: None

Staff Present: Douglas J. Schmitz, City AdministratorDon Freeman, City AttorneyLee Price, Interim City Clerk

Mike Calhoun, Public Safety Director/Acting AdministrativeServices DirectorPaul Tomasi, Police CommanderSharon Friedrichsen, Special Projects Manager

PLEDGE OF ALLEGIANCE:

Mayor Jason Burnett led the Pledge of Allegiance

CLOSED SESSION:

City Attorney Don Freeman announced the closed session items. Council gavedirection to staff on item 3.A and received a status update on item 3.B.

Item 3.A CONFERENCE WITH LEGAL COUNSEL – EXISTINGLITIGATION Pursuant to Government Code Section 54956.9(D)(1)Name of Case: Steven McInchak, Plaintiff v. City of Carmel-by-the-Sea, and does 1 through 50, inclusive, respondents MontereyCounty Superior Court Case No. M128062

Item 3.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED

LITIGATION Significant exposure to litigation pursuant to subdivision (b) ofGovernment Code Section 54956.9: 5 cases

At 5:50 p.m., the Council reconvened in Open Session.

ATTACHMENT - 1

Council Meeting Date: 07/07/2015 Agenda Item: 7.A

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CONSENT CALENDAR:

Mayor Burnett clarified his April 7th announcement of members appointed to the

Small Water Project Committee.

Mayor Burnett also provided the following comments for the record regardingItem 4 - Authorize permits with conditions and waive certain fees for the 5 th

Annual Run in the Name of Love 5K and 2K event and the 2015 Concours on the Avenue: Mayor Burnett announced that he has been in discussions withmembers of the community who may be willing to step forward and fill the$11,000 difference. As of now, he said, the City has not received final word onthat, but his recommendation would be to move forward providing that membersof the community fill the financial shortfall. There being no objections, Councilaccepted the Mayor’s proposal to modify Recommendation #1, to read as

follows: “Accept donations pledged for the event, if any and authorize a waiver ofthe balance of the fees if donations are received”.

Items 4.C, 4.D and 4.G were pulled for questions. Item 4.K was pulled byCouncil Member Talmage.

Action: Upon a motion made by Council Member Beach, seconded by CouncilMember Theis the Council unanimously approved the Consent Calendar (withthe exception of items 4.C, 4.D, 4.G, and 4.K), as follows:

Item 4.A City Council Minutes for the April 6, 2015 Special Meetingand for the April 7, 2015 Approved 5:0.

Item 4.B Check Register for the Month of March, 2015 Approved5:0.

Item 4.D Report from Small Water Conservation Projects Committeeand Initial Committee Recommendations. Pulled for verbalreport/public comments. Report accepted 5:0

Item 4.E Authorization to Send Letter to US Secretary of LaborConcerning Monies for Monterey-Salinas Transit(MST) Author ized 5:0

Item 4.F Contract Amendment: Monterey Bay Planning Services(MBPS)Resolution 2015-30 adopted 5:0.

Item 4.H Contract Amendment: West Coast ArboristsResolution 2015-32 adopted 5:0.


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Item 4.I Kamm Residence/Waiver of Planning and Building Fees and Adoption of Findings Approved 5:0

Item 4.J Authorize permits with conditions and waive certain fees for

the 5th

Annual Run in the Name of Love 5K and 2K event and the 2015Concours on the Avenue. Recommendations approved as amended,

as follows, 5:0:

1) Accept donations pledged for the event, if any, andauthorize a waiver of the balance of the fees if donations arereceived; 2) Authorize the use of Devendorf Park forMonday and Tuesday, 10-11 August between 4:00 am onMonday and vacating at or before 9:00 pm on Tuesday; 3)Limit the total number of signs to fifty-nine (59) as shown inthe included application site plan. Any center median

banners are not countered as part of the fifty-nine (59) signs.Do not send the signage matter to the Planning Commissionas requested by CA&CC; 4) Authorize street closures asidentified in the application; and 5) Authorize the use of tentsfor Devendorf Park and on Ocean Avenue at Dolores.

Item 4.L Final Adoption of Ordinance amending the PurchasingPolicy. Ordinance 2-15-01 adopted.

Items pulled by Council Members or by members of the public:

Item 4.C Monthly Reports for March.

This item was pulled by Council Member Talmage for questions relating to theambulance response times, tree replacements and Community Planning andBuilding Department contract services. City Administrator Doug Schmitzresponded.

Action: Upon a motion made by Council Member Talmage, seconded byCouncil Member Dallas, the Council unanimously approved the Monthly reports.

Item 4.D Report from Small Water Conservation Projects Committee andInitial Committee Recommendations.

This item was pulled for a verbal report and public comments. Mayor Burnettprovided the oral report.


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Public Comments:

Sue McCloud provided water conservation suggestions, including a proposal toreconsider a former policy decision regarding the use of artificial turf.

Barbara Livingston, Carmel Residents Association (CAR), reported that the CRAencourages water conservation and has a long standing position that front lawnsare too “suburban” for Carmel.

Karen Ferlito, Forest and Beach Commission, expressed concern about theimpact to oak tree roots if artificial turf is used to replace grass and suggestedmore analysis.

Richard Kreitman asked for clarification about fee waivers for projects in process.

---End of Public Comments—

Action: Upon a motion made by Mayor ProTem Beach, seconded byCouncil Member Talmage, the Council unanimously accepted the report.

Item 4.G Contract Amendment: Rincon Consultants, Inc.

This item was pulled by resident Richard Kreitman for questions. City Administrator Doug Schmitz explained the purpose and term of the contract.

Action: Upon a motion made by Council Member Talmage, seconded byMayor ProTem Beach, the Council unanimously adopted Resolution 2015-31 approving the contract amendment.

Item 4.K 2014 Streets Paving Restoration and Supplemental Appropriation

This item was pulled by Council Member Talmage for questions. CouncilMember Dallas abstained due to a potential conflict of interest (receipt ofneighborhood petition regarding this item).

Rob Mullane, Planning and Building Director, addressed Council and communityquestions and concerns.

Public Comments:

Barbara Livingston, CRA, encouraged the City to take advantage of the pavingwork to remove excess asphalt and requested clarification as it relates to thebudget.


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Irene Long, resident, asked what would happen if the City did not get reimbursedfrom PG&E.

--End of Public Comments—

City Administrator Doug Schmitz provided background and emphasized thatPG&E has guaranteed reimbursement of the base amount. In response toquestions from Council Member Talmage, he added that the cost estimate forpaving is based on the City Engineer’s estimate and negotiations with PG&E areon-going.

Council Member Talmage recommended a modification to the recommendedaction, as follows: 1) Authorized the City Administrator to execute negotiate an

Agreement for Paving Restoration for Encroachment Permit EN TEMP 13-03with Pacific Gas and Electric (PG&E); and 2) Recognize unanticipated revenue

and approve an adjustment of a minimum of $200,580 to revenues andexpenditures for the 2014 Street Project; and 3) 2) Approved a supplementalappropriation request of a maximum of $285,250 $485,830 to fund Phase II ofthe 2014-15 Streets Project and adjust Project revenues and expendituresaccordingly.

Action: Upon a motion made by Mayor ProTem Beach, seconded by CouncilMember Talmage to unanimously 1) authorized the City Administrator tonegotiate an Agreement for Paving Restoration for Encroachment Permit ENTEMP 13-03 with Pacific Gas and Electric (PG&E); and 2) approved asupplemental appropriation request of a maximum $485,830 to fund Phase II ofthe 2014-15 Streets Project and adjust Project revenues and expendituresaccordingly. 4:0:1 (Dallas abstained).

ORDERS OF COUNCIL: None

PUBLIC HEARINGS:

Item 7.A Consideration of an appeal of the Planning Commission’s approvalof Coastal Development Permit (MP 15-100) for the beach firemanagement pilot program located along and seaward of Scenic

Avenue from Eighth Avenue to Martin Way on Scenic Road, in theImproved Parklands Overlay (P-2), and Beach and RiparianOverlay (BR) Zoning Districts. The application is being appealedby Nancy Chira-Garcia, Bill Shellooe, Mary Louise Shellooe and

Alexis Delehanty

Council Member Theis announced that she would be stepping down due to aconflict of interest (business interest) and left the Council Chambers.


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Sharon Friedrichsen, Special Projects Manager, presented the staff report andresponded to Council questions. Mayor Burnett opened the public hearing.

Public Testimony:

Alexis Delehanty and Nancy Chira-Garcia, co-appellants, presented oralarguments in support of the appeal.

The following residents spoke in support of the pilot program and offered ideasfor implementation: Irene Long, Skip Lloyd, Rich Pepe, Jay Auburn (on behalf ofMary Ann Schieketanz), Richard Kreitman, Sue McCloud, Barbara Livingston,Kathy Bang, and Karen Ferlito.

Co-appellant Alexis Delehanty provided rebuttal comments and emphasized thatthe appellants are not opposed to a pilot program, but insist on having a more

detailed study before going forward.

---End of Public Comment—

Council discussion followed.

Action: Motion by Council Member Talmage seconded by Council MemberBeach the Council unanimously continued the matter to the May 5, 2015meeting. 4:0:1 (Theis abstained).

ADJOURNMENT: There being no further business, Mayor Burnett adjournedthe meeting at 7:40 p.m.

APPROVED: ATTEST:

________________________ _______________________Jason Burnett, Mayor Lee Price, MMC

Interim City Clerk


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MINUTESCITY COUNCIL MEETINGCARMEL-BY-THE-SEA

Tuesday, May 5, 2015


ROLL CALL:

Present: Council Members Dallas, Talmage, Theis, Mayor Pro TemBeach and Mayor Burnett

Absent: None

Staff Present: Doug Schmitz, City AdministratorDon Freeman, City AttorneyLee Price, Interim City Clerk

Mike Calhoun, Public Safety Director/Acting AdministrativeServices DirectorPaul Tomasi, Police CommanderRob Mullane, Community Planning and Building DirectorSharon Friedrichsen, Special Projects ManagerSullivan Carey-Lang, Special Projects Manager

PLEDGE OF ALLEGIANCE:

Mayor Burnett and son Sebastian led the Pledge of Allegiance.

CLOSED SESSION ANNOUNCEMENTS:

City Attorney Don Freeman provided the Closed Session announcement.

EXTRAORDINARY BUSINESS:

Mayor Burnett honored Maxine and Hank Klaput, Maxine Klaput Antiques, forserving the business community for 44.

Mayor Burnett recognized Marc Weiner, Senior Planner, for his hard work and

extensive knowledge in the Planning and Building Department.

ANNOUNCEMENTS:

Vice Mayor Beach reported that she and City Administrator Doug Schmitz metwith Supervisor Potter regarding the Rio Road paving project and encouragedthe public to express their views on the design. She also noted that she would

ATTACHMENT - 2


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be attending the Mayor’s Council on Pipeline Safety (MCPS) in Philadelphia onMay 14-15, 2015.

Mayor Burnett expressed appreciation to Council Member Beach for serving as

Vice Mayor for the past year and announced his appointment of CouncilmemberTalmage as Vice Mayor beginning in June.

Mayor Burnett provided an update on water related issues and introduced EricSabolwski, Director of Operations for CalAm, who announced the dates forcommunity meetings to be held in Carmel for the purpose of receiving publicinput on the Environmental Impact Report regarding slant well testing in Marina.Brief Council discussion followed.

City Administrator Doug Schmitz mentioned the next Town Hall CommunityForum to be held on May 12, 2015.

PUBLIC APPEARANCES:

Barbara Livingston provided feedback on the format of recent agendas andsuggested that the Council encourage the planting of additional trees along RioRoad as part of the County’s repaving project.

Karen Ferlito proposed that the Shoreline Assessment presentation received bythe Forest & Beach Commission be shared with the Council and other Citycommissions.

Tom Ricotto expressed concerns about the potential costs to theater producers ifrequired to pay for valet parking for disabled patrons.

Stephen Moorer requested a stop sign at San Carlos and 9 th Street. Thissuggestion was referred to the Traffic/Safety Committee.


ORDERS OF COUNCIL:

Item 8.A: Investigate Report on City of Carmel-by-the-Sea Contracts

City Attorney Don Freeman introduced Stephanie Atigh, IndependentInvestigator, who summarized the result of her investigation. City Attorney DonFreeman reported that the City is looking into legal options available to seekreimbursement. Council questions followed.


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Public Comments:

Carolina Bayne provided suggestions for improving contract administration.

Brian Congleton requested clarification about the City Administrator’s contractauthority.

Former City Treasurer Jim Emery expressed frustration that financial data wasnot available in a format that would have been easier to review and analyze.

---End of Public Comments---

Council discussion followed. City Administrator Doug Schmitz provided closingremarks and next steps, including the following:

1. Staff to review the Purchasing Policy for updates;2. City Administrator will provide monthly to the Council a report on

contracts under $25,000 - which he has signed;3. Implement recommendations by Carolina Bayne (more explicit language

in the contract, including a clear scope of work with deliverables); andrequire that invoices contain a statement of work performed and greater details regarding travel expenses;

4. Prepare and provide to vendors before entering into a contract a summarybilling expectations;

5. Explore options for the possible creation of a Finance or Audit Committee;6. Require personal disclosure of contacts; and7. Expedite the purchase of new financial system.

Item 9.A Consideration of a Use Permit (UP 14-02) to establish a retail wineshop with wine tasting as an ancillary use in an existing commercialspace located in the central Commercial (CC) Zoning District. Theapplicant is Tudor Wines Inc, LLC.

Councilmember Talmage announced that he would abstain due to a potentialconflict of interest (resides within 500’ of the subject property).

Marc Weiner, Senior Planner, presented the staff report.

Public Comments:

Tom Nash, representative for Tudor Wines, spoke to the merits of the appeal.

Barbara Livingston, Vincenzo Domico and Roberta Miller urged the Council todeny the appeal.


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David Sparr stressed that the point of sale is in Carmel and taxes received willbenefit the City.

Councilmember Theis moved to approve the Use Permit (14-02); motion died forlack of a second.

Action: Upon a motion made by Councilmember Dallas, seconded by ViceMayor Beach, the Council denied the application for Use Permit (14-02 andinstructed Staff to come back to Council with findings for denial. (3:1:1; Talmageabstained, Theis opposed).

Item 9.B: Consideration of an appeal of the Planning Commission’s approvalof Coastal Development Permit (MP 15-100) for the beach firemanagement pilot program located along and seaward of Scenic

Avenue from Eighth Avenue to Martin Way on Scenic Road, in theImproved Parklands Overlay (P-2), and Beach and RiparianOverlay (BR) Zoning Districts. The application is being appealed byNancy Chira-Garcia, Bill Shellooe, Mary Louise Shellooe, and

Alexis Delehanty

Councilmember Theis abstained due to a potential conflict of interest (businessinterest).

Sharon Friedrichsen, Special Projects Manager, and Robert Mullane, CommunityPlanning and Building Director, jointly provided the staff report.

Public Comments:

Carl Iverson, Mary Liskin, and Kristin Houston spoke in favor of the pilot programand asked questions for clarification.

Scott McKenzie expressed concerns about the smoke from beach fires.


Staff responded to questions from the public and from the Council. Discussionfollowed.

Action: Upon a motion made by Councilmember Talmage, seconded byVice Mayor Beach, the Council denied the appeal and provided guidance on thepilot program as follows:

• Confirmed the current pilot program consists of placement of 26 fire rings;• Confirmed the use of user-supplied propane devices as part of the pilot

program, if acceptable to the Coastal Commission;


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• Directed staff to include quantitative measures, such as before and after random sampling of beach sand and outdoor air quality outdoor; andfurther to provide a mechanism for constituent feedback; and

• Confirmed the length of the coastal development permit is a maximum of

three years; however, the pilot program is for one year including a fullsummer cycle.

Motion passed 4:0:1 (Theis abstained).

Item 8.B: Fiscal Year 2015-16 Provisional Budget and Issues and OptionsPapers

City Administrator Doug Schmitz provided an overview of the Provisional Budgetand presented the Issues and Option Papers.

Public Comments:

Irene Long, resident, and Monta Potter, Executive Director Carmel Chamber ofCommerce, expressed appreciation to the City Administrator and staff forproducing the budget given other workload.


There was no action taken. The Council will meet on Monday, June 1st in a workstudy session to review the budget in greater detail.

ADJOURNMENT: There being no further business, Mayor Burnett adjournedthe meeting at 8:40 p.m.

APPROVED: ATTEST:


Interim City Clerk


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MINUTESCITY COUNCIL MEETINGCARMEL-BY-THE-SEA

Thursday, May 7, 2015


ROLL CALL:

Present: Councilmembers Dallas and Talmage, and Mayor Burnett

Absent: Vice Mayor Beach and Councilmember Theis

Staff Present: Doug Schmitz, City AdministratorLee Price, Interim City ClerkRob Mullane, Planning and Building DirectorSharon Friedrichsen, Special Projects Manager

PLEDGE OF ALLEGIANCE

Mayor Burnett led the Pledge of Allegiance

ORDERS OF COUNCIL:

Item 3.A Consideration of findings for the denial of four (4) appeals of the PlanningCommission’s decision to approve a Coastal Development Permit

application (MP 15-100) for the Beach Fire Management Program onCarmel Beach along and seaward of Scenic Avenue from Eighth Avenueto Martin Way.

Sharon Friedrichsen, Special Projects Manager, provided a brief staff report.

Public Comments:

Appellant Bill Shellooe, reported that he had met with staff and come to a resolution butfor the number of devices (fire pits). He asked that the fire pits be placed a reasonabledistance between one another to conform to the Local Coastal Plan (LCP).

Irene Long provided suggestions for the fire pits. Karen Ferlito, Forest and BeachCommissioner, explained that she will take all questions and concerns back to the sub-committee for review.


Staff provided additional comments.

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Action: Upon a motion made by Councilmember Talmage, seconded byCouncilmember Dallas, the Council adopted findings and special conditions, asamended (Standard Condition No. 1 and Special Condition No. 1 modified) for thedenial of the four (4) appeals and approval of the Coastal Development Permit (MP 15-100) - Beach Fire Management Program, as outlined in the staff report. 3:0:2 (Beachand Theis absent).

ADJOURNMENT: Mayor Burnett adjourned the special meeting at 1:56 p.m.

APPROVED: ATTEST:


Interim City Clerk


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ATTACHMENT – 4

Minutes of the June 1, 2015 Special Meeting

THIS ATTACHMENT WILL BE PROVIDED

SEPERATELY.


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MINUTESCITY COUNCIL MEETING

CARMEL-BY-THE-SEA

Tuesday, JUNE 2, 2015


ROLL CALL

Present: Council Members Beach, Dallas, Theis, Mayor Pro Tem Talmageand Mayor Burnett

Absent: None

Staff Present: Doug Schmitz, City AdministratorDon Freeman, City AttorneyLee Price, Interim City ClerkMike Calhoun, Public Safety Director/Acting AdministrativeServices DirectorPaul Tomasi, Police CommanderRob Mullane, Community Planning and Building Director,

Sharon Friedrichsen, Special Projects Manager Ashlee Wright, Deputy City Clerk


Council Member Dallas led the Pledge of Allegiance.

CLOSED SESSION ANNOUNCMENTS

City Attorney Don Freeman restated the Closed Session announcement for Monday,

June 1, 2015.

EXTRAORDINARY BUSINESS – None

ANNOUNCEMENTS

Council Member Theis announced William Merry’s retirement from Monterey County

Waste Management District.


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Vice Mayor Talmage thanked the American Legion for the Memorial Day Service. He

reported that he and City Administrator Doug Schmitz had recently met with

Congressman Sam Farr and U.S. Postal Service representatives to discuss issues

regarding the post office. He provided contact information for Postal Service leadership

and encouraged residents to pass along their feedback.

Council Member Beach thanked staff responsible for pursuing and achieving the path

between Junipero and 8th; announced that plans for bike lanes on both side of Rio Road

between the Mission and Highway One; and reported that the Transpotation Agency of

Monterey County (TAMC) has approved $300,000 planning grant to study traffic flow

and safety on the Highway 68 corridor.

Mayor Burnett announced that TAMC will be undertaking a federal-funded in-depth

study of improvements to Highway 156, which may include toll road option.

PUBLIC APPEARANCES

Barbara Livingston requested that the Council communicate to the postal authority how

much small town postal service is appreciated and reported that the previous night’s

budget meeting went well.

Jen Weathers announced that the Carmel Heritage Society would be holding its Home

and Garden Tour June 20th from 1:00pm-5:00pm.

Judy Ivy urged the Council to relax the rules on short-term rentals and return to a 7-day

minimum.

Skip Lloyd asked that the City analyze the adverse impacts of increased tourism.

Mayor Burnett, in response to Judy Ivy’s comments, stated that he, City Administrator

Doug Schmitz, and City Attorney Don Freeman would be meeting to discuss the short-

term rental issue.


CONSENT CALENDAR

Item 7.A City Council Minutes for the Special Meeting of May 4, 2015, the RegularMeeting of May 5, 2015 and the Special Meeting of May 7, 2015.Deferred to July meeting.


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

Beach, the Council unanimously approved the Consent Calendar, with the exception of

Items 7.E, and 7.F as follows:

Item 7.B Check Register for the Month of April 2015. Approved 5:0

Item 7.C Monthly Reports for the Month of April. Accepted 5:0

Item 7.D Resolution authorizing Fiscal Year 2014-15 CIP and Budget Adjustments

and the use of fund balance from various FY 14-15 capital projects to be

reprogrammed to water conservation projects and shoreline

implementation projects. Resolution No. 2015-34 adopted 5:0

Item 7.G Resolution Authorizing the City Administrator to execute an Agreement toPurchase a Forestry Chip Truck as Adopted in the 2014/15 budget in theamount of $62,139.30. Resolution No. 2015-037 adopted 5:0.

Item 7.H Operational Plans and Staffing for the Fourth of July Weekend. Received.

Item 7.E Consideration of a resolution awarding Construction Contract to MontereyPeninsula Engineering for Phase II of the 2014 Streets Projects for a Notto Exceed Amount of $705,232.

Action: Council Member Dallas pulled this item due to a potential conflict of interest(owns property in the area). Upon a motion made by Council Member Theis secondedby Council Member Beach approved Item 7.E Resolution No. 2015-035, adopted4:0:1 (Dallas abstained).

Item 7.F Resolution authorizing the City Administrator to execute an agreement forthe purchase of one License Plate Recognition (LPR) parking enforcementsystem as identified as Capital Improvements in the FY 2015/16 budget$62,802.00 including sales tax and annual operating costs.

Mayor Burnett invited Richard Kreitman to the podium to comment on the following itempulled from the Consent Calendar, at his request:

Public comments: Richard Kreitman requested clarification regarding the accuracy andefficiency of software. Public Safety Officer Mike Calhoun responded to this request.



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

Theis, the Council unanimously adopted Resolution No. 2015-036 authorizing the City

Administrator to execute an agreement for the purchase of one License Plate

Recognition (LPR) parking enforcement system as identified as Capital Improvements

in the FY 2015/16 budget $62,802.00 including sales tax and annual operating costs, as

recommended. Adopted 5:0.

ORDERS OF COUNCIL

Item 8.APresentation by Dave Stoldt, General Manager, Monterey Peninsula WaterManagement District (MPWMD) on new State Water Conservation Rules.

Public Comments:

Jim Emery expressed concerns about agricultural water use and had questions aboutthe use of reclaimed water on non-watering days for irrigation.

MPWD Public Outreach Coordinator, offered a response.

Steve Thomas encouraged citizens to take advantage of rebates and offers othersuggestions for saving water.

Barbara Livingston expressed concerns about future development on the peninsula andits impact on the water supply.


At the request of the Mayor, Rob Mullane, Community Planning and Building Director,

provided an overview of the City’s newly adopted water conservation program.

No action taken.

Mayor Burnett modified the order of the agenda and moved to Item 8.C.

Item 8.CCouncil Member Beach Report on Attendance at the Mayor’s Council on Pipeline Safety

(MCPS) in Philadelphia on May 14-15. (A verbal report will also be provided.)

Public Comments:

Barbara Livingston expressed interest in having the mapping professional from BostonUniversity mentioned by Council Member Beach come to Carmel.


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Jim Emery questioned the PUC’s justifications for not funding certain safetyimprovements.


No action taken.

Item 8.BPresentation by Emily Finn with GreenWaste Recovery on the Transition of SolidWaste, Recycling and Organic Collection and Services.

Action: No formal action was taken. Council requested an update within the nextfew months from Greenwaste Recovery to assess any issues with cart sizes, vacationholds, timing of pick-ups and options for eight alternative locations for cardboardrecycling stations for businesses.

Mayor Burnett called a recess at 7:45 p.m. At 8:05 p.m. the meeting resumed.

PUBLIC HEARINGS

Items 9.AConsideration of an appeal of the Planning Commission’s approval of Design Study (DS14-107) and the associated Coastal Development Permit for the construction of a newsingle-family residence located in the Single-Family Residential (R-1), Park Overlay (P),and Beach and Riparian Overlay (BR) Zoning Districts. The application is beingappealed by neighboring property owners: Heather Ryan and David Dube (HBE

Holdings, Inc).

Christine Sabdo, Contract Planner, provided the staff reports.

Community Planning and Building Director, Rob Mullane, corrected errors in the specialconditions of approval #25 and #26; and added special condition for approval #28noting the applicant’s approval.

Mayor Burnett opened the public hearing.

Christine Kemp, attorney for the appellants, provided a brief introduction of the appeal.

Heather Ryan and David Dube summarized concerns and requests for modifications tothe design of the Hoffman home.

Craig Holdren, architect representing applicants Dr. and Mary Hoffman, providedconsideration for the design of the house and outlined concessions and compromisesmade to appease the appellants.


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Jim Heisinger, attorney for the applicants, stated that the applicants agree with thefindings conditions for approval and the findings.

Kathy Bang suggested that the Council reject the appeal because the design is

consistent with the neighborhood.

Barbara Livingston and Kimberly Rawlings urged the Council to find a goodcompromise..The appellants and the applicants provided rebuttal comments and responded toCouncil questions. Various design issues were discussed.

Lengthy Council discussion followed. Upon the advice of City Attorney Don Freemanthe Council continued the appeal to a date to be determined to allow the applicant tomodify the design.

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

meeting at 9:50 p.m.

APPROVED: ATTEST:

________________________ _______________________Jason Burnett, Mayor Ashlee Wright

Deputy City Clerk


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CARMEL-BY-THE-SEA

Monday, June 15, 2015

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

ROLL CALLPresent: Council Members Dallas, Talmage, Theis, Mayor Pro-Tem Beach and

Mayor Burnett

Absent: None

Staff Present: Doug Schmitz, City AdministratorDon Freeman, City AttorneyLee Price, Interim City ClerkMike Calhoun, Public Safety Director/Acting AdministrativeServices DirectorPaul Tomasi, Police CommanderRob Mullane, Community Planning and Building Director,Sharon Friedrichsen, Special Projects ManagerPaul Wood, Finance Manager

Ashlee Wright, Deputy City Clerk


CLOSED SESSION: Mayor Burnett announced the items on the Closed Session agenda.There were no public comments. The Council adjourned to Closed Session at 4:35 p.m.

3.A Pursuant to Government Code Section 54956.9(D)(1)Name of Case: Steven McInchak, Plaintiff v. City of Carmel-by-the-Sea, anddoes 1 through 50, inclusive, respondents Monterey County Superior Court CaseNo. M128062

3.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to subdivision (b) of Government CodeSection 54956.9: 4 cases – Only two cases discussed due to time.

At 5:25 p.m. the Council reconvened in Open Session


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CLOSED SESSION ANNOUNCEMENT: City Attorney Don Freeman reported that Councilreceived an update gave directions on Items 3.A and 3.B.

PUBLIC APPEARANCES - None

CONSENT CALENDAR

Upon a motion made by Council Member Theis, seconded by Vice Mayor Talmage the Councilunanimously approved the Consent Calendar, as follows:

Item 5.A Consideration of a resolution awarding contract to Monterey PeninsulaEngineering for the Sidewalk and Concrete Pavement Repairs-DoloresStreet near 7th Avenue Project for a Not to Exceed Amount of $90, 854.Resolut ion No. 2015-038 adopted 5:0.

ORDERS OF COUNCIL - None

PUBLIC HEARINGS

Item 7.A Continuation of a Consideration of an appeal of the PlanningCommission’s approval of Design Study (DS 14-107) and the associatedCoastal Development Permit for the construction of a new single-familyresidence located in the Single-Family Residential (R-1), Park Overlay (P),and Beach and Riparian Overlay (BR) Zoning Districts. The application isbeing appealed by neighboring property owners: Heather Ryan and David

Dube (HBE Holdings, Inc).

Action: Upon a motion made by Council Member Dallas, seconded by Council Member Theis,the Council continued the appeal to June 29, 2015. 5:0

Item 7.B Consideration of a Resolution entering into a contract extension withBurghardt+Dore for the regional marketing program.

City Administrator Doug Schmitz provided the staff report and summarized two options : 1) toextended the contract for six months; or 2) to extend the contract for eighteen months.

Public Comment:

Karen Ferlito noted that beach fires were still being advertised on the City’s marketing websitemanaged by Burghardt+Dore and requested that the information be taken down.

Sue McCloud requested that the Burghardt+Dore contract be renewed for 18 months, as theyare providing services to the Centennial Committee.


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Monta Potter, Chamber of Commerce, asked for clarification on the amount funded formarketing for the next fiscal year.

Skip Lloyd the Centennial Committee webpage emphasize the historic development of Carmel

and celebrate things that are important to the community.



Action : Motion by Vice Mayor Talmage, seconded by Council Member Theis, to adoptResolution 2015-39 authorizing the amendment to the existing professional servicesagreement with Burghardt+Dore for destination marketing services for a term of 18 months andin an amount not to exceed $180,000. 3:0:2 (Beach, Talmage, Theis – Ayes; Burnett, Dallas –Opposed).

Item 7. C Public Hearing and Adoption of the FY 2015-2016 Budget

Paul Wood, Finance Manager, provided a brief presentation on the City reserves.

At the request of Council E. Griffin Ortiz, Carmel Youth Center, clarified the Center’s operatingbudgets for FY 2014-2015 and 2015-2016; Tanja Roos, MEarth provided information aboutvolunteer hours; and Monta Potter, Chamber of Commerce, summarized how the chamber isfunded.

Public Comments:

Karen Ferlito, Mary Ann Lloyd, and Skip Lloyd all spoke in favor of funding MEarth.

Sue McCloud and Stephen Moorer commented on the Forest Theater plans.

Tanja Roos asked a question about the $250,000 one-time allocation for Forest and Beachrelated. Mayor Burnett invited her to attend the Workshop to discuss the CentennialCelebration, on Monday, July 6, 2015.



Council Member Talmage and Mayor Burnett recommended the following modification with theadditions as follows: “Authorizes the City Administrator to adjust salaries for FY 2015/2016 within a range of $100,000-$160,000 for “At-Will” employees and report back to Council withemployee salary range changes” )


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Action: Upon a motion by Vice Mayor Talmage, seconded by Council Member Dallas,the Council adopted Resolution 2015-040, approving the FY 2015-2016 Budget, as amended.5:0

Item 7.D Resolution approving FY 2015-2016 Gann Limits

Paul Wood, Finance Manager, presented a brief staff report.

Action: Upon a motion by Council Member Dallas, the Council unanimously adoptedResolution No. 2015-41 to accept the Gann Limits for FY 201-2016. 5:0

Item 7.E Resolution approving Memorandum of Understanding (MOU) regarding the

requirements of funding to Maintenance Efforts Proposition 172

Paul Wood, Finance Manager, provided the staff report.

Action: Upon a motion made by Council Member Dallas, seconded by Council Member Theisthe Council unanimously adopted Resolution No. 2015-42, approving the MOU. 5:0

ADJOURNMENT: There being no further business, Mayor Burnett adjourned the meeting at7:40 p.m.

APPROVED: ATTEST:

________________________ _______________________Jason Burnett, Mayor Ashlee Wright

Deputy City Clerk


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CARMEL-BY-THE-SEA

Monday, June 29, 2015

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


Absent: None

Staff Present: Douglas J. Schmitz, City AdministratorDon Freeman, City Attorney

Ashlee Wright, City Clerk Designate


CLOSED SESSION

Mayor Burnett announced the items on the Closed Session agenda. There were noPublic Comments. The Council adjourned to Closed Session.

Item 3.A CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of GovernmentCode Section 54956.9: 4 cases

Item 3.B CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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

Name of Case: Rosalina Chavez, Plaintiff v. City of Carmel-by-the-Sea,

and does 1 through 20, inclusive, respondents Monterey County SuperiorCourt Case No. M128244

Item 3.C CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Name of Case: Hildalgo, Plantiff v. City of Carmel-by-the-Sea, No.DFEH196038-82594/EEOC#37A-2014-02277-C


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At 5:45 p.m., the Council reconvened in Open Session.

REGULAR MEETING:

Mayor Burnett called the regular meeting to order at 5:45 p.m.


Absent: None

Staff Present: Douglas J. Schmitz, City AdministratorDon Freeman, City AttorneyRobert Mullane, Community Planning and Building DirectorSharon Friedrichsen, Special Projects Manager

Mike Calhoun, Public Safety Director/Acting AdministrativeServices DirectorPaul Tomasi, Police Commander

Ashlee Wright, Deputy City Clerk

PUBLIC APPEARANCES

Richard Kreitman and Skip Lloyd shared their opinions about the Monterey CountyGrand Jury Report with the Council.


CONSENT CALENDAR

Action: Upon a motion made by Vice Mayor Talmage, seconded by Council MemberDallas, the Council unanimously approved the Consent Calendar, as follows:

Item 5.A Consider an appeal of the Planning Commission’s approval of DesignStudy (DS 14-107) and the associated Coastal Development Permit forthe construction of a new single-family residence located in the Single-Family Residential (R-1), Park Overlay (P), and Beach and Riparian

Overlay (BR) Zoning Districts. Appellants: Heather Ryan and David Dube(HBE Holdings, Inc) and:

1. Acknowledge the agreement between the Hoffman’s and theappellants;

2. Approve the Revised Plans; and3. Approve the Revised Findings and Conditions of Approval.

Approved 5:0


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Item 5.B Resolutions Authorizing Amendments to Various Professional Services Agreements

1. Execute Amendment No. 2 to Professional Services Agreement ASD-PCS-BRweb-06-13-14 for website support services in an amount not to

exceed $46,000. Resolution 2015-043 adopted 5:0

2. Execute Amendment No. 4 to Professional Services Agreement ASD-

PSA-MAR-003-13/14 for information technology services in an amount not

to exceed $255,000. Resolution 2015-044 adopted 5:0

3. Execute Amendment No. 2 to Professional Services Agreement ADM-

PCS-LEWIS-003-13-14 for public information services in an amount not to

exceed $38,980. Resolution 2015-045 adopted 5:0

4. Execute a Professional Services Agreement with ProServ FacilitiesService for janitorial services in an amount not to exceed $79,962.

Resolution 2015-045 adopted 5:0

Council reconvened to Closed Session at 6:00pm.

At 7:15 p.m., the Council reconvened in Open Session. Council Member Beach absent.

Mayor Burnett reported that the Council provided City Attorney Don Freeman withdirection.

ADJOURNMENT: There being no further business, Mayor Burnett adjourned themeeting at 7:17pm.

APPROVED: ATTEST:

________________________ _______________________

Jason Burnett, Mayor Ashlee Wright, Deputy City Clerk

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