From:

Sent:
To:

Cc:
Subject:

chardy824@gmail.com
Wednesday, July 09, 2014 7:59 PM
Jason Burnett; Council Member Beach
Jason Stilwell; Sharon Friedrichsen
Forest Theater: Selection of Architect

Hi Jason and Victoria,

On Victoria+s urging to remain vigilant regarding the Forest Theater project+a must since the theater is my
neighbor+!, am writing to ask how the selection of the architect is going to be handled?
PROCESS
The proposed timeline is reflected in the RFQ signed by the city project manager: Deadline for receipt of applications
by July 8; city to select candidates to interview by July 12, interview selected candidates by July 22, and selected
candidate notified by July 23. It is not clear who will be participating in the process and making the selections. Will it
be staff, City Administrator, Mayor and Vice Mayor, or City Council?

In previous years, the City has gotten off on the wrong foot a few times regarding this project. Because of the highprofile nature of the Forest Theater, building consensus around the selection of the architect would be helpful to all
concerned. And to that end, having the entire City Council participate in the final selection would contribute greatly to
a process that is open, public and transparent.
FIX-IT LIST
I heard a rather disturbing revelation last night from an architect who was interested in applying for the Forest Theater
work, who talked to Monterey+s building official John Kuehl regarding the +punch list+ and was told that +some
architect+ created the list. He (Kuehl) was asked to provide its cover letter. I know that McCann+s name is on the
puneh list +fix-it list.+ But, it didn+t sound like the building official had a hand in creating it, and that is what is
disturbing.

Which also concerns me: McCann+s fix-it list was developed around the theater design he thinks should be
implemented+his own. I hope that when the city contracts with a new+hopefully local+architect, the first thing
he/she does is revisit the list and create a new list based on the historic nature of the theater, one that will get the theater
open sooner rather than years from now. As one architect commented to me regarding the McCann list, +almost the
entire list would likely be tossed out+ when applying codes that govern historic structures. Let+s hope that comes to
pass.
DELETIONS
Regarding the list, Jason Stilwell invited anyone with additions and omissions to the list to let him know. A new
architect will surely have input on what should be eliminated from this list. I restate here the items I previously had
great concern about and brought to the City+s attention:
1. Theater capacity calculation. For years and years, the agreed-upon and relied-upon capacity of the theater is 540
seats, based on a 21+ seat. McCann+s list now calculates the capacity of the theater to be 626, based on an 18+ seat.
This is an incremental increase in usage, over the city+s previous numbers. Keep the seating area within the current
footprint of the existing seating area. If that means reducing linear bench seating to meet the agreed-upon capacity, then
that is what should be included in the plans.

2. Re: ADA compliance, a statement refers to +Vehicle off-loading points on Guadalupe and Santa Rita streets.+ (P.
15, Item 12.05) I thought the decision was made a long time ago that these locations were either not desirable or
impossible to use. Both would require removal of a large number of trees in the upper reaches of the theater+s forested
grounds.
3. A complete tear-down of the facility, as suggested by McCann+s list, is likely not necessary to fix what is broken to
get the theater reopened.
At your last council meeting, Stephen Moorer originally thought that ADA access to the stage was missing from the
list. It is actually listed under Item 12.08 +we Lift+ (wheel chair lift).

I look forward to hearing from you and having further dialog on the subject of the Forest Theater.
--Carolyn

Sent from Windows Mail

From:
To:
Subject:

Jason Stilwell
Jason Burnett; Council Member Beach
RE: Council Action of August 5, 2014

I'd suggest a closed session prior and I'll invite our special counsel. Jason S.
From: Jason Burnett [mailto:jason.burnett@gmail.com]
Sent: Thursday, August 07, 2014 3:44PM
To: Council Member Beach
Cc: Jason Stilwell
Subject: Re: Council Action of August 5, 2014

Okay. We will call a special meeting.

Jason K. Burnett
831.238.0009

On Thu, Aug 7, 2014 at 3:34PM, V Beach <vebeach@gmail.com> wrote:

Jason, the need to get this right is exactly why I responded to the Clerk in the first place.
The implication that, after the Council's careful and detailed discussion of this matter, they may need a lesson
on their standard of care comes off as patronizing - though I'm certain that was not your intention.
Although I originally thought the Clerk had simply missed some language read by you and voted on by the
Council when she transcribed the motion, now I understand that could be the lesser of the issues.
If our City Administrator believes this motion says that the Council has authorized PG&E to resume work
under the conditions stated, I believe that to be a significant distortion of the motion.
I have listened to the entire tape and confirmed just how explicit the Council was on this matter. In fact, four
of the five of us elaborated on how we would be seeing this matter again after the direction in the motion was
completed and before the work stop order could be lifted.
I further believe it would be inappropriate to look at this in closed session. In light of all that we've just been
through around the topic of responsiveness to the public, it is particularly important to handle this
transparently.
If staffs understanding of what the motion says remains so different from that of the video record, then we
need a way to clarify their understanding. Alternatively, if it is your position that the Council should transfer
its authority to lift the stop work order to other parties once the stated conditions are met, then we should have
a public meeting to hear your arguments and reconsider the motion.
In either case, let's resolve this quickly.
Thanks,
Victoria

On Aug 7, 2014, at 7:24AM, Jason Burnett <j_~_S_Qn,_b_mn~_t_t_@gmi'liLg_o_m> wrote:

Someone needs to watch the whole tape. We need to hold a special meeting if Jason S and my interpretation is
incorrect. Maybe closed session so our lawyers can explain to the council why we need to get this right.
Jason K. Burnett
831.238.0009

On Thu, Aug 7, 2014 at 12:57 AM, V Beach <vebeach@gmail.com> wrote:

Hi, Jason.
Glad I asked- it's obviously critical that there is no misunderstanding about the intent of the Council on this
matter. Just to be sure, I went back to the video tape, which basically reads as follows:

Around 4:21:00 Mayor Burnett read the motion:

... [we] request that PG&E provide a revised matrix based on the comments this evening ...
Around 4:23, on discussion ofthe motion, I clarify:
.. .I think what you're trying to say. Mayor, is that we need a robust incorporation of the questions and
comments into this proposal that they would come back with. Is that what you're trying to say? ...
Then Mayor Burnett responded:
Yes.
And then:
... that was part of the revised matrix ...

This discussion on the seconded motion clarifies that the safety protocol matrix must incorporate Council's
questions and comments and must come back to Council for review.
The Council clearly voted in favor of obtaining professional assurances through CPUC certifications, but did
not yet vote that PG&E could start work after those assurances and the revised matrix are received. In fact, I
see no work approval language whatsoever, explicit nor implied, in this motion.
Where in this motion do you see the Council authorizing PG&E to continue work?
Motion by Council Member Talmage, seconded by Council Member Beach that the City specifically request a
written commitment from PG&E and the Safety Enforcement Division Commission of the CPUC that will certify all
2

emergency leak protocols, all gas line work and any further tapping and that all operations will be carefully
monitored, revised protocols be followed and a statement issued certifying that the pipe replacement work
including tapping operations and leak protocols are safe and in addition incorporate that into the Franchise
Agreement, provide a revised matrix and pursue and order of an investigation .

I would ask that the motion in the minutes reflect the intent of the Council as stated by the Mayor and myself
on the video tape.
Thanks,
VB

On Aug 6, 2014, at 5:58PM, Jason Stilwell

<j_s_t_il_w_~ll_@_QLQflJ:ill~l_g_~_,]J_~>

wrote:

Councilmember Beach: I believe the additional language to the motion is beyond the motion made,
seconded, and discussed by the City Council. The Council did ask PG&E to respond to the questions but it
wasn't part of the motion.

The subtlety of the motion is that they could start tomorrow if they have the written assurances as
required. We got out of the middle of it.

From: V Beach [mailto:vebeach@qmail.com]

Sent: Wednesday, August 06, 2014 1:18PM
To: Lori Frontella
Cc: Jason Stilwell
Subject: Re: Council Action of August 5, 2014

Lori, I really appreciate your running this by us, especially in such a timely fashion.
I have a comment and a question.

On the PG&E matter, if this squares with what I believe is on the video tape and is acceptable to my fellow
council members, I would add to the motion after "provide a revised matrix" the words: "addressing the
questions and issues raised during Council discussion".

My question to you and/or the City Administrator is whether my reading of our motion is correct- that the
Council motion did not approve the restarting of work in Carmel and instead would require that the actions in
the motion be followed first and brought back to Council if work start question is to be reconsidered.

Thank you and congratulations on a great first meeting!

Victoria
3

On Aug 6, 2014, at 12:52 PM, Lori Frontella <lfrontella@ci.carmel.ca.us> wrote:

<image001.gif>

Mayor, Members of the Council, City staff

Attached is the Summary of Council Action taken on August 5, 2014.

If you see any discrepancies, please do not hesitate to call.
Thank you
Lori

Lori :fronte{{a, :M:MC

Interim City Clerk
City of Carmel-by-the-Sea
P.O. Box CC
Carmel, CA 93921
lfrontella@ci.carmel.ca.us
Office- (831) 620-2007
Fax- (831)620-2004
<SUMMARY OF CITY COUNCIL ACTION.docx>

From:

Jason Stilwell
Saturday, August 30, 2014 1:49 PM
V Beach; Jason Burnett
RE: Chief Kelly McMillin

Sent:
To:

Subject:

I'll work with Chief Calhoun to make contact and develop the content if you two decide to have the report to
Council. Jason S.

From: V Beach [vebeach@gmail.com]

Sent: Thursday, August 28, 2014 10:15 PM
To: Jason Burnett
Cc: Jason Stilwell
Subject: Re: Chief Kelly McMillin

Chief Kelly and I were talking this over at a CASP meeting in Salinas. He knows I+m interested in the topic,
but do you think there+s local interest enough to pursue it at all? If so, should I be the one to introduce the
idea to Calhoun so he can reach out to Kelly? That way, Kelly doesn+t have to invite himself only to find out
that it might be a no go.

On Aug 28, 2014, at 12:07 PM, Jason Burnett <jason.burnett@gmail.com> wrote:

Would be best if the request came from Calhoun and McMillin together.
Jason K. Burnett
831.238.0009
On Thu, Aug 28, 2014 at 11:57 AM, vebeach@gmail.com <vebeach@gmail.com> wrote:
Hi, Jasons.
The exchange below about presentations to council reminded me that Salinas police chief Kelly would like to
make a presentation to our council about the realities of youth violence in our area and their innovative
approaches to solving it.
May we add this idea to a future agenda?
Thanks,
VB

Sent from my iPhone

On Aug 28, 2014, at 9:00AM, Jason Burnett <jason.burnett@gmail.com> wrote:
Thanks.

Jason K. Burnett
831.238.0009
On Thu, Aug 28, 2014 at 8:52AM, Debbie Hale <debbie@tamcmonterey.org> wrote:
We would be happy to do so. l+ve copied Ariana Green who is handling this for Monterey and she
can coordinate with Carmel City staff on a presentation.

Debbie Hale, TAMC

From: Jason Burnett [mailto:jason.burnett@qmail.com]

Sent: Thursday, August 28, 2014 8:14AM
To: Debbie Hale; Jason Stilwell
Cc: Victoria Beach
Subject: Fwd: Holman Highway Roundabout?

Debbie and Jason,

Would be good for carmel city council to get a briefing at some point soon. Next couple of
months.

Thanks,

Jason
2

Jason K. Burnett
831.238.0009

----------Forwarded message ---------From: Theresa Wright <theresa@tamcmonterey.org>

Date: Thu, Aug 28, 2014 at 8:02AM
Subject: Holman Highway Roundabout

RELEASE DATE:

Thursday,August28, 2014

CONTACT:

Theresa Wright

PHONE:

831-775-4411

E-MAIL:

theresa@tamcmonterey. org

HOLMAN HIGHWAY 68 ROUNDABOUT ONE STEP CLOSER

MONTEREY+ Plans to relieve congestion near the busy intersection of Holman Highway 68
and the Highway One Southbound Exit Ramp took another step forward at the Transportation
Agency for Monterey County (TAMC) meeting on Wednesday. During the meeting, the TAMC
Board ofDirectors approved $3.2 million to complete funding for construction of the roundabout.

At Wednesday evening+s Monterey City Council meeting, staff members presented an update on
the status of the Holman Highway 68 Roundabout Project to the council and kicked off a two-year
public outreach and education campaign.

The City has been designing this roundabout to replace the existing signalized intersection near
the entrance to Pebble Beach and Community Hospital. Rather than constructing a larger
signalized intersection to relieve congestion, the option to build a roundabout in this location was
chosen because the roundabout will:

Increase safety + roundabouts reduce collisions by 80% compared with signalized and
stop-controlled intersections. The speeds through roundabouts are also slower so the
severity of collisions and risk of injury is also reduced.

Cost less +roundabouts are very low maintenance. Unlike signalized intersections, they
do not require electricity or equipment to operate.

Reduce pollution + roundabouts keep vehicles moving through the intersection which
reduces engine idling and air pollution associated with idling.

Save over 200 Monterey Pine trees + roundabouts require less roadway widening at the
approach to the intersection. The Holman Highway Roundabout design saves trees by
reducing the area needed for widening and saves cost by minimizing the mass of retaining
walls.

Operate more efficiently+ accommodate higher volumes of traffic without creating long
queues of cars.

The City ofMonterey hired the consultant team ofOmni-Means to design the project.
Construction is scheduled to start in September 2015. The Transportation Agency for Monterey
County is leading the outreach effort for the project and will provide information to the Pacific
Grove City Council, the Transportation Agency Board, neighborhood associations, business and
hospitality associations, major employers and members of the community. There will be several
community events in Monterey that will be open to the public to learn more about the project
beginning in October and extending into spring 2015.

For more information about the Holman Highway 68 Roundabout and roundabouts in general
visit: http :1/Tamcmonterey. org/programs/roundabouts/index. html.

You can also watch the project video:

h@_:;dLwww,y_Q_~_tyb~,_gg_mf_w~_tg_h7y::]_Wf_ng_f~_f~_

.J2

###

Theresa Wright

Community Outreach Coordinator

Transportation Agency for Monterey County

831.775.4411

Theresa@tamcmonterey. org

www.tamcmonterey.org

<imageOO l.jpg>

From:
To:
Cc:

Subject:

Jason Stilwell
Jason Burnett; vebeach@gmail.com
Lori Frontella
F&B Applicants

Mayor and Mayor Pro-Tem: thank you for holding time earlier this week to interview F&B Commission
applicants. We didn't conduct the interviews as we only received one applicant by the deadline. We have
extended the application period to August 14. Let's announce at the Council meeting that the recruitment is
underway. Jason S.

Jason Stilwell
City Administrator
Carmel-by-the-Sea, CA 93921
831-620-2000

From:
To:

Subject:
Attachments:

Jason Stilwell
jason.burnett@gmail.com; Victoria Beach
President Ochoa
image003.jpg

Mayor and Vice Mayor: we discussed at agenda review having the President of CSUMB and the mapping class that assisted us
on the trails planning to be recognized at July's meeting. Have either of you reached out to President Ochoa or intend to do
so? If not staff will make contact. Jason S.

Jason Stilwell
City Administrator
Carmel-by-the-Sea, CA 93921
831-620-2000