Minutes of 10-2-14, 10-7-14. 10-7-14 City Council Meetings 11-3-14

City Council Agenda Packet of Nov.
3, 2014
Page 9
To:
From:
Submitted by:
CITY OF CARMEL-BY-THE-SEA
Council Report
November 3, 2014
Honorable Mayor and Members of the City Council
Douglas J. Schmitz, City Administrator
Lori Frontella, Interim City Clerk
Subject: Minutes of the October 2, 2014 Closed and Special City Council
Meeting
Minutes of the October 7, 2014 Regular City Council Meeting
Minutes of the October 7, 2014 Closed and Special City Council
Meeting
RECOMMENDATION(S):
By motion to the Consent Calendar, approve the Minutes of the Closed and Special
City Council Meetings.
EXECUTIVE SUMMARY:
Attached are the Minutes regarding the various October 2014 City Council meetings.
ANALYSIS/DISCUSSION: (including why Council is considering the item and justification for
recommendation)
None
FISCAL IMPACT: None
Budgeted (yes/no) Funding Source( general fund, grant,
state)
PREVIOUS COUNCIL ACTION/DECISION HISTORY:
ATTACHMENTS:
1. Minutes of the October 2, 2014 Closed and Special City Council Meeting
2. Minutes of the October 7, 2014 Regular City Council Meeting
3. Minutes of the October 7, 2014 Closed and Special City Council Meeting
APPROVED:
,
Date: 2T t f ~ If
Douglas[J('Schmitz, City Administrator
Agenda Item: 7.A
Agenda Item 7.A

MINUTES
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session and Special Open Meeting
Thursday, October 2, 2014 12:30 p.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues

1. CALL TO ORDER- MAYOR BURNETT
The City Council of the City of Carmel-by-the-Sea met this date in a Closed
Session at 12:36 p.m. in the City Council Chambers, with Mayor Burnett
Presiding.

2. ROLL CALL
Members Present:

Mayor: Burnett
Mayor Pro Tem: Beach
Council Members: Dallas, Talmage, Theis

Staff Present:
City Attorney: Freeman
Interim City Clerk: Frontella

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Members of the public shall have an opportunity to comment on items listed in the closed
session agenda prior to the Council recessing into closed session. If you want to speak on an
agenda item listed here, please wait until the Mayor opens the item for public comment.
While not required, please state your name for the record and limit your remarks to three (3)
minutes.

Mayor Burnett opened the meeting to public comments, hearing none; Mayor
Burnett closed the public comments.

4. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq. of the State of California, the City
Council will adjourn to Closed Session to consider the following:

Item 4.A: PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Title: Interim City Administrator

City Council Agenda Packet of Nov. 3, 2014
Page 10
Agenda Item 7.A
Council convened to Closed Session at 12:38 p.m. regarding Public
Employee Appointment.

5. ANNOUNCEMENTS FROM CLOSED SESSION
Council returned from Closed Session at 1:22 p.m. Mayor Burnett reported
Council interviewed Douglas Schmitz as City Administrator and the following
action was taken.

MOTION: By motion of Council Member Talmage, seconded by Mayor
Pro Tem Beach to appoint Douglas Schmitz as City Admini strator for
the City of Carmel-by-the-Sea. Passed unanimousl y.


There being no future business under Closed Session, Mayor Burnett
adjourned the meeting at 1:26 p.m.

6. SPECIAL OPEN MEETING IMMEDIATELY FOLLOWING CLOSED SESSION

The City Council of the City of Carmel-by-the-Sea met this date in an Open
Session at 1:27 p.m. in the City Council Chambers, with Mayor Burnett
presiding, and full Council in attendance.

Mayor Burnett opened the meeting to public comments, the following citizens
spoke.
Barbara Livingston noted this is a beautiful picture (referring to dais); she
appreciates the consideration of Douglas Schmitzs appointment as the new
City Administrator. She welcomed him to the City and noted this was an
opportunity to regain and restore confidence and trust.
Karen Ferlito asked how long an Interim serves; she would hope it is long
enough to right the ship.
Mayor Burnett addressed the restriction of a retired employee, he noted this is
an open ended appointment; Mr. Schmitz will be reinstated into active status
with PERS. Mayor Burnett announced the City Administrators start date is
Monday, October 6, and Mayor Burnett will appoint an Ad Hoc Council
committee to work with the City Attorney and Doug Schmitz regarding the
terms of the contract. The final contract will be brought back to Council for
approval.
Denny Levitt commented that this was wonderful to see Mr. Schmitz back as
City Administrator; he feels he is the best selection for the City.
Brian Congelton noted it was a new ballgame and joined in the support of
Doug Schmitz. He noted its a breath of fresh air and the best fit for Carmel.
Page 11
Agenda Item 7.A
Seeing no further comments, Mayor Burnett closed the meeting to
public comments.

Item 6.A: Appointment of Interim City Administrator
MOTION: Motion by Council Member Talmage, seconded by Mayor Pro
Tem Beach to appoint Douglas Schmitz as City Administrator
effective Monday, October 6, 2014 and the Mayor and Mayor
Pro Tem to form a committee to oversee the contract and bring
back to Council for approval.
After confirming with the City Attorney, Mayor Burnett will appoint (per
Government Code) the Ad Hoc Committee to serve regarding the City
Administrators contract.
Amendment Motion: Council Member Talmage, seconded by Mayor Pro
Tem Beach to withdrew the portion to the motion: Mayor and Mayor Pro Tem
to form committee to oversee the contract.
MOTION TO READ AS: Motion by Council Member Talmage, seconded by
Mayor Pro Tem Beach to appoint Douglas Schmitz as City Administrator
effective Monday, October 6, 2014 and the Mayor to form an Ad Hoc
committee to oversee the contract and bring back to Council for approval.
Council Member Dallas read a statement into the record as follows, I will
certainly support this motion and will work with fellow Council Members to put
these difficult times behind us and move our City forward. While I have some
reservations about moving so quickly, I realize we have a serious crisis on our
hands and must be dealt with immediately. I invite the public to join the City
supporting the interim City Administrator as he works to get the City back on
its feet as he rebuilds the peoples confidence in City Hall and focuses on
healing this community and our workforce. Lastly, I would like to recognize
and thank Don Freemen for stepping in and helping shepherd this Council
through a very difficult time.
Mayor Burnett also thanked the City Attorney for his involvement in moving
the City forward. Mayor Burnett announced that a Town Hall meeting will be
held on October 6, 2014 at 5:30 p.m. at the Sunset Center as an opportunity
to meet Doug.
Mayor Burnett called for a vote on the moti on before Council. By roll call
vote the motion passed unanimously.
AYES: 5 Council Members: Talmage, Beach, Dallas, Theis,
Burnett
NOES: 0 Council Members:
ABSENT: 0 Council Members:
ABSTAIN: 0 Council Members:

Page 12
Agenda Item 7.A
Carolyn Hardy suggested that all employees be invited to the Town Hall
meeting.
Douglas Schmitz, City Administrator addressed the public, he commented it
is an honored and privilege to serve Carmel and I look forward to moving the
City toward the healing process.
7. ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at
1:46 p.m.

APPROVED: ATTEST:

__________________________ __________________________
J ason Burnett, Mayor Lori Frontella, MMC
Interim City Clerk

Page 13
Agenda Item 7.A

MINUTES
REGULAR MEETING
Tuesday, October 7, 2014 4:30 p.m.

Next Resolution Number 2014-066 Next Ordinance Number 2014-006

The City Council welcomes your interest and participation. If you want to speak on any agenda item
during its review, you may do so when the Mayor opens the item for public comment. Persons are
not required to give their names but it is helpful in order that the City Clerk may identify them in the
minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise
established by the City Council. Always speak into the microphone, as the meeting is recorded.

1. CALL TO ORDER MAYOR BURNETT
The City Council of the City of Carmel-by-the-Sea met this date in a regular session
at 4:34 p.m. in the City Council Chambers, with Mayor Burnett Presiding.

2. ROLL CALL
Present:
Mayor: Burnett

Staff Present:
City Administrator: Douglas J . Schmitz
City Attorney: Don Freeman
Interim City Clerk: Lori Frontella

3. PLEDGE OF ALLEGIANCE

Douglas Schmitz led the community in the Pledge of Allegiance.

4. EXTRAORDINARY BUSINESS

Item 4.A: Community Recognition of Olof and Lucia Dahlstrand

Mayor Burnett invited Lucia Dahlstrand to the podium for the presentation. Mayor
Burnett read the Proclamation into the record and gave his personal thought
regarding the Dahlstrands.
Page 14
Agenda Item 7.A

Lucia Dahlstrand presented the Council with a painting titled Concerned Citizen.
She also quoted her late husband regarding the painting, For all of my life I have
been a tiger on the subject of good government. I must remind you that even when
Im not at this lectern, Im still out there in the tall grass. -Olof Dahlstrand.

Mayor Burnett opened the meeting to public comments, the following citizens
spoke.

Erik Dyar, Chair of the Historic Resources Board, spoke regarding the Dahlstrands.
Mr. Dyar described the contributions that Olof has made to Carmel and to the
architects of the Central Coast and State. He noted that Carmel was lucky to have
him as a citizen and community activist.

Ken White noted the accomplishments and services Mr. Dahlstrand brought to the
City and suggested we place the painting under the clock where it will be a reminder
to Council.

Seeing no further comments, Mayor Burnett closed the meeting to public
comments.

5. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL
MEMBERS AND THE CITY ADMINISTRATOR

Item 5.A: Announcements from Closed Session
Item 5.B: Announcements from City Council Members (Council Members may
ask a question for clarification, make an announcement or report on his
or her activities)
Council Member Dallas commented that today you might notice that the Council
Members and staff are wearing pink because October is Breast Cancer Awareness
month. We all have a mother, a sister or a wife, breast cancer has touched all of us in
one way or another. You will notice I am wearing pink today In honor of my good
friends Dr. Marty Cloin and his wife Sharron Cloin. Sharron is a breast cancer
survivor. I believe this is the first time a Carmel-by-the-Sea City Council has all worn
pink to help raise awareness of breast cancer. Thank you all for your support.
Council Member Theis announced that on Tuesday, October 28, 2014 the Hospitality
Improvement District is holding a workshop for all Inn Keepers regarding the business
plan. They will be assessing the last year and a half and looking to move forward by
making some direction changes. This meeting will be held at the Sunset Center at
10:30 a.m.
Council Members reported on the 98
th
Anniversary of the City. Activities include the
annual parade which will commence at 11:00 a.m. followed by food and venders at
the Sunset Center.
Page 15
Agenda Item 7.A
Mayor Burnett updated the community on the Central Coast Veterans Cemetery,
noting that Congressman Sam Farr presented a $6.8 Million dollar check to this
cause.
Item 5.C: Announcements from City Administrator

6. PUBLIC APPEARANCES
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not
on the agenda may do so now. Matters not appearing on the City Councils agenda will not receive
action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to
three (3) minutes, or as otherwise established by the City Council. Persons are not required to
give their names, but it is helpful for speakers to cl earl y state their full names in order that the
City Clerk may identify them in the minutes of the meeting. Always speak into the microphone,
as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for
anyone unable to come to the podium. Assisted listening devices are available upon request of the
City Clerk. If you need assistance, please advise the City Clerk as to which item you would like to
comment on and the microphone will be brought to you.

Mayor Burnett opened the meeting to public comments, the following citizens spoke.

Dan Presser thanked Mayor Burnett for his contributions to the Veterans Cemetery
and noted a golf tournament will be held regarding fundraising for the museum
portion. Mr. Presser also noted he was a candidate for the Airport Board and would
like to bring more jobs to the area plus more flights, to more places.

Cindy Onufer distributed materials regarding Measure Q which protects transit
services for seniors, veterans and people with disabilities.

J ames Banks spoke regarding the 30 day minimum rental terms for housing and is
opposed to the ordinance not being enforced.

Charlotte Townsend mentioned the contributions of Doug Schmitz in his last term as
the City Administrator.

Ms. McCarthy spoke regarding Public Water Now; she noted CalAm has not
accepted its role in the failure of developing a new water supply which the deadline is
December 31, 2016.

Stephen Moorer, with Pacific Reparatory Theater welcomed Doug Schmitz to the
City. He noted that Winters Tales is now playing at the Theater and invited citizens to
attend.

Marsha Banks spoke regarding the 30 day rental situation; she noted several
websites had properties listed for fewer than the 30 days. She submitted the
information on her findings to Director Mullane for follow-up. .

Lloyd Ligier spoke regarding the conditions on the street at Perry Newberry between
5
th
and 6
th
streets. He stated no oversight, no inspection, and no correspondence
from anyone on the PG&E construction has been provided over the last year.
Page 16
Agenda Item 7.A

Carolina Bayne expressed her personal gratitude to the Council regarding the
dismissal of recent City employees. She noted the steps that were absolutely
necessary to begin to rectify the mis-steps that have led to the unfortunate
circumstances. She hoped the agreement with Mr. Stilwell and his full Settlement
and Release agreement will include the protective provisions for the City in his
contract.

Chris Mack spoke regarding the severance package to Mr. Stilwell and hopes the
Council takes everything into consideration. He has requested records that he feels
he has not received and will submit another request in hope of getting the correct
documents.

Seeing no further comments, Mayor Burnett closed the meeting to public
comments.

Mayor Burnett stated he will meet with the State Water Board to discuss the Cease
and Assist Order and ask the State to modify the terms; he mentioned the City needs
to continue to make progress on the Cease and Assist Order.

Mayor Burnett also addressed the PG&E issues and stated letters have gone back
and forth between the City and PG&E, staff will be looking at those letters to
determine if they meet the certification requested from the City for PG&E to resume
their work.

7. CONSENT CALENDAR
These matters include routine financial and administrative actions, which are usually approved by a
single majority vote. Individual items may be removed from Consent by a member of the Council or
the public for discussion and action.

Item 7.A: Consideration of Approval of the City Council Minutes:
a. Approve the Minutes of the Closed Session Meeting of September
8, 9, 18, 23, and 24, and October 1, 2014.
b. Approve the Minutes of the Regular Meeting of September 9, 2014.

Item 7.B: Approval of Warrant Register for the Period of August 2014.
Item 7.C: Receive Monthly Summary Report:
a. Monthly Police, Fire and Ambulance Reports
b. Receive Monthly Code Compliance Reports
c. Receive Public Record Act and Media Request Logs

Item 7.D: Consideration of a Resolution Authorizing the City Administrator to
Adopt an Amendment to an Existing Contract (PDB-PSA-RINCON-
Page 17
Agenda Item 7.A
005-13-14) with Rincon Consultants, Inc. for Continued Contract
Planning Services, in an Amount not to exceed $72,000.

Item 7.E: Consideration of Commission and Committee appointments to the
Community Activities & Cultural Commission, Harrison Memorial
Library Board of Trustees, Planning Commission and Historic
Resources Board.

Recommendation: Adopt Consent Calendar as presented by
Roll Call vote.

Mayor Burnett opened the meeting to public comments, hearing none; Mayor Burnett
closed the public comments.

MOTION: Motion by Council Member Talmage, seconded by Council
Member Theis to approved the Consent Calendar with an edit on
page 17 to change from value to val ve, and Item 7E being pulled
and heard separatel y. Passed 5/0

AYES: 5 Council Members: Talmage, Theis, Beach, Dallas, Burnett

Council Member Talmage requested Item 7E be pulled. Mayor Burnett gave a
summary of the applicants for Commission and Committee appointments and noted
he and Mayor Pro Tem Beach deliberated and are recommending the applicants as
stated in the report.


Barbara Livingston thanked Council Member Dallas for suggesting to add all
applications of the Boards and Commissions to the agenda packet.

MOTION: Motion by Council Member Talmage, seconded by Council
Member Theis to approve item 7.E, nominations for Boards and
Commissions as recommended. Passed 5/0

AYES: 5 Council Members: Talmage, Theis, Beach, Dallas, Burnett

8. ORDERS OF COUNCIL

None

Page 18
Agenda Item 7.A
9. FUTURE AGENDA ITEMS

Item 9.A: Agenda Forecast and Workshop Dates

Carolina Bayne suggested that Council may want to have two council meetings a
month as she feels there would be more participation and shorten the length of
current meetings.

Council Member Theis suggested the Farmers Market be added to the Agenda
Forecast. Mayor Burnett requested the Appointment to the Waste Management
District be on the next agenda.
10. RECONVENE TO CLOSED SESSION (IF NECESSARY)

11. ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at 5:37
p.m.

APPROVE: ATTEST:

____________________________ _________________________
Interim City Clerk

Page 19
Agenda Item 7.A

MINUTES
CLOSED SESSION AND OPEN SESSION
Tuesday, October 7, 2014 Immediatel y following
4:30 Regular City Council Meeting
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues

CALL TO ORDER MAYOR BURNETT
The City Council of the City of Carmel-by-the-Sea met this date in a closed session
at 5:38 p.m. in the City Council Chambers, with Mayor Burnett Presiding.

ROLL CALL
Members Present:

Mayor: Burnett

Staff Present:
City Administrator: Schmitz
City Attorney: Freeman
Interim City Clerk: Frontella

CLOSED SESSION ITEMS
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Members of the public shall have an opportunity to comment on items listed in the closed session
agenda prior to the Council recessing into closed session. If you want to speak on an agenda
item listed here, please wait until the Mayor opens the item for public comment. While not
required, please state your name for the record and limit your remarks to three (3) minutes.

Pursuant to Government Code Section 54956 et seq. of the State of California, the
City Council will adjourn to Closed Session to consider the following:

Item 1: PUBLIC EMPLOYEE RELEASE
Government Code Section 54957
1) Review the Separation Agreement and Release

Page 20
Agenda Item 7.A
Burnett closed the public comments and convened to closed session at 5:40 p.m.

Council returned from closed session at 7:19 p.m. with the following report out.

Attorney Freeman stated that the agreement is a standard agreement, the former
City Administrator J ason Stilwell did resign and the agreement shows acceptance of
that resignation and provides a full release against any know claims from either side;
preserves his professional reputation; and is a public document. Mr. Stilwell has
received legal advice the agreement is executed by the City and has 7 days to
resend the agreement; Mr. Stilwell had 21 days in which to seek legal advice, he has
had a lawyer review the document and both executed the document. Attorney
Freeman stated we are obligated under the terms of his employment agreement to
pay him certain payouts, which are items contained in the document under
paragraph 7. There is also a statement in the agreement that states if anybody is
terminated for cause and it becomes a criminal matter, then the City is not
responsible for making any further payments. That is not contained in the release
agreement and is not normally contained as such. Reason for that is if someone is
found guilty then it becomes a criminal matter and at that time, the City would ask
the District Attorney to recommend to the judge that part of the sentence would be to
ask for restitution of any and all funds that were paid to him.

Mayor Pro Tem Beach read from the agreement, paragraph 9; City shall refrain
from any statements, public or private, concerning Employee which would have the
effect of damaging his professional reputation or personal character.


Mayor Burnett noted Mr. Stilwells contract called for 6 months severance pay, 2
months notice, vacation leave accrual and an additional 2 months. Mayor Burnett
noted the payout is in the range of $125-$130,000; with additional 2 months of
$25,000 to $30,000.

Council Member Talmage stated that this contract has standard legal language and
its in the best interest of the City. The original contract had a series of clauses that
we, as a City, were required to adhere to and that were the 6 months severance
pay, plus the 2 months, plus accrued vacation and comp time. There were no
negotiations on those topics as they were part of the original contract. The only thing
open for discussion was whether or not the City would say we are going in a
different direction and we would not have closure on this matter and the contract
would be open ended. The decision before us tonight comes down to paying an
additional $25,000 to $30,000, for 2 months of Stilwells time in return for receiving a
full release, closure on this matter so it is behind us and the City can progress
forward. Without the extra 2 months payout the City would have no closure and
would not have been able to move forward as promptly as we did in hiring a new
City Administrator.

Page 21
Agenda Item 7.A
Council Member Theis noted that the Council treated everyone respectfully and
moved in a manner that was in the best interest of the City. It was important to
expedite the matter and move forward; its not an easy situation and took long hours
to get to this point. Citizens, staff, and Attorney has suffered and its time to move
forward.

OPEN SESSION ITEMS

Item 1: Accept the Separation Agreement and Release and Authorize the
Mayor to execute.

MOTION: Motion by Council Member Theis, seconded by Council Member
Talmage to accept the Separation Agreement and Release and
authorize the Mayor to execute the agreement. Passed
unanimousl y by roll call vote: 5/0

AYES: 5 COUNCIL MEMBERS: Theis, Talmage, Beach, Dallas, Burnett
NOES: 0 COUNCIL MEMBERS:
ABENST: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS

ADJOURNMENT

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

APPROVE: ATTEST:

_________________________ _________________________
Interim City Clerk

Page 22

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