Tuesday, April 3, 2012

CITY COUNCIL: AGENDA & MINUTES April 2012

AGENDA
Regular Meeting
Tuesday, April 3, 2012
4:30 p.m., Open Session

City Hall
East side of Monte Verde Street
between Ocean and Seventh Avenues

Live video streaming available at:
www .ci.carmel.ca. us

Broadcast date
Sunday, AprilS, 2012
8:00 a.m., MCAET Channel 26

Hearing assistance units are available to the public for meetings held in the Council Chambers
The City Council welcomes your interest and participation. If you want to speak on an 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 on tape.

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Extraordinary Business
A. Presentation of a certificate of appreciation to Jim Price, in recognition of outstanding service as Chairman of the Sunset Center Board of Directors.

B. Presentation ofthe Police Support StaffEmployee ofthe Year Award to Community Services Officer Cindi Mitchell.

C. Presentation to Carmel High student Ailis Dooner, first place winner of the 2012 Monterey County Science and Engineering Fair.

V. Announcements from Closed Session, from City Council Members and the City Administrator.
A. Announcements from Closed Session.

B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

C. Announcements from City Administrator.
1. Carmel Foundation's new Monterey Bay Village program
2. City Treasurer recruitment update
3. Ambulance update
4. Update on grants.
5. Police update on local burglaries
6. TOT Incentive Plan

VI. 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 Council's 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 state their 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 Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.

VII. 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.

A. Ratify the minutes for the regular meeting of March 6, 2012.

B. Ratify the minutes for the special meeting of March 20, 2012.

C. Ratify the bills paid for the month of March 2012.

D. Consideration of a Resolution approving budget amendment requests.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of a Resolution approving the annual closure of certain streets and the Del Mar parking lot in conjunction with the "Run in the Name of Love" event, granting an exemption to Chapter 8.56 of the Municipal Code prohibiting sound amplification and authorizing staff to annually review and approve said events unless said events have substantive changes that require Council action.

IX. Ordinances

A. None.

X. Resolutions
A. Consideration of a Resolution adopting criteria for special event waivers.

B. Consideration of a Resolution adopting a fee schedule for the use of Vista Lobos.

C. Consideration of a Resolution approving a fee waiver in the amount of $12,475 for the 2012 Carmel Art Festival.

D. Consideration of a Resolution approving the use of recycling grant funds for the City trash can replacement program.

XI. Orders of Council
A. Provide direction on entering into an agreement for the management of the Sunset Center.

B.Receive report and provide direction on placement of a webcam at the beach.

C. Provide direction on the deaccession of certain artwork.

D. Receive report and provide direction on year-round illumination of the Ocean A venue median lights.

E. Council decision on lease agreement with the Forest Theater Guild.

Scheduling Future City Council meetings -Please Bring Your Calendar.

XII. Adjournment

The next meetings of the City Council will be:
Special City Council Meeting: Swearing-in Ceremony- 3:00 p.m.
Tuesday, April17, 2012
Council Chambers

Special City Council Budget Meeting- 4:30 p.m.
Tuesday, April 24, 2012
Council Chambers
Regular Council Meeting- 4:30 p.m.

Tuesday, May 1, 2012
Council Chambers

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and Seventh Avenues, during normal business hours.



MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 3, 2012

I. CALL TO ORDER
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:34 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage & Mayor McCloud
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning and Building Services Manager
Janet Bombard, Library Director

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

Mayor McCloud noted Item XI. E. would not be heard. Mayor McCloud noted the passing of Peter Douglas, Gail Wrassman, and Joseph Chaffers and asked for a moment of silence.

IV. EXTRAORDINARY BUSINESS
A. Presentation of a certificate of appreciation to Jim Price, in recognition of outstanding service as Chairman of the Sunset Center Board of Directors.

Mayor McCloud presented the certificate to Jim Price.

B. Presentation of the Police Support Staff Employee of the Year Award to Community Services Officer Cindi Mitchell.

Interim Police Chief Mike Calhoun presented the award to Officer Mitchell.

C. Presentation to Carmel High student Ailis Dooner, first place winner of the 2012 Monterey County Science and Engineering Fair.

Mayor McCloud presented the award to Ailis Dooner.

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

A. Announcements from Closed Session.
City Attorney Don Freeman said the Council met in Closed Session on Monday, April 2, 2012. The only announcement for the public from this session was that the Flanders matter has been concluded and final papers will be filed with the Court on May 4. The settlement claim with the plaintiffs’ attorney has been settled in the amount of $150,000.

B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

Council Member Sharp noted MST’s plan for a bus facility at Whispering Oaks has been halted due to a denial by the Monterey County Board of Supervisors. The agency will work to develop a new plan.

Council Member Talmage acknowledged Council Member Karen Sharp and Mayor Sue McCloud for their years of service.

Council Member Burnett gave an update on the TAMC Highway 156 project and noted that the City’s CalTrans grant application was submitted by the deadline.

Mayor McCloud showed a new recycling container for used DVDs and CDs that will be placed in the City Hall lobby.

C. Announcements from City Administrator.
1. Carmel Foundation’s new Monterey Bay Village program.
Nettie Porter, Executive Director of Carmel Foundation’s Monterey Village, presented the report.

2. City Treasurer recruitment update.
City Administrator Stilwell presented the report.

3. Ambulance update.
City Administrator Stilwell presented the ambulance report.

4. Update on grants.
City Administrator Stilwell presented the update on grants.

5. Police update on local burglaries.
Interim Police Chief Calhoun presented the report.

6. TOT Incentive Plan
City Administrator Stilwell presented the report.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:16 p.m.

Phillip Sosna addressed Council regarding trees on Santa Rita.

Barbara Brooks addressed Council regarding the cutting of essential roots on trees.

Chris Fitz, speaking on behalf of Unite HERE Local 483, spoke about the TOT incentive plan.

Sandra Pepe, representing the Carmel Chamber of Commerce, noted a successful mixer with the local wineries and restaurants and noted an upcoming ribbon cutting for Pac Rep Theater from 5:00-7:00 p.m. on May 3.

Julie Armstrong, Marketing Director of the Big Sur International Marathon, noted the $18 million economic impact this annual event has on the Peninsula. The Big Sur Marathon will be held this year on April 29.

Richard Wenzlik spoke about the costs of the annual Surf About event.

Richard Kreitman spoke about the first Locals’ Night event and noted the next one will be held on Election Night, April 10.

Mayor McCloud closed the meeting to public comment at 5:35 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of March 6, 2012.

B. Ratify the minutes for the special meeting of March 20, 2012.

C. Ratify the bills paid for the month of March 2012.

D. Consideration of a Resolution approving budget amendment requests.

Mayor McCloud opened and closed the meeting to public comment at 5:37 p.m.

Council Member HAZDOVAC moved to approve Consent Agenda Items A-D, seconded by Council Member SHARP and carried unanimously.

VIII. PUBLIC HEARINGS
A. Consideration of a Resolution approving the annual closure of certain streets and the Del Mar parking lot in conjunction with the “Run in the Name of Love” event, granting an exemption to Chapter 8.56 of the Municipal Code prohibiting sound amplification and authorizing staff to annually review and approve said events unless said events have substantive changes that require Council action.

Assistant City Administrator Heidi Burch presented the report.

Mayor McCloud opened the meeting to public comment at 5:43 p.m.

Susan Love, event organizer, addressed Council.

Doug Oldfield, a volunteer for Run in the Name of Love, spoke in favor of granting the sound permit waiver to 7:30 a.m.

Julie Armstrong spoke about event fees for use of a parking lot.

Christine Sandin, Executive Director of Sunset Center, spoke in favor of the event.

Monta Potter, Executive Director of Carmel Chamber of Commerce, spoke about the economic impact of events.

Mayor McCloud closed the meeting to public comment at 5:56 p.m.

Council Member BURNETT moved to 1) grant the exemption to Chapter 8.56 of the Municipal Code prohibiting sound amplification to allow for public announcements beginning at 7:30 a.m.; 2) require low-volume speakers aimed at the Sunset Center; 3) direct staff to measure decibel level this year for future reference; 4) take into account any public comment; and 5) waive $2,630 in City costs but require reimbursement of actual “hard” City costs, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

IX. ORDINANCES
A. None.

X. RESOLUTIONS
A. Consideration of a Resolution adopting criteria for special event waivers.

Assistant City Administrator Heidi Burch presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:34 p.m.

Speaking to the issue were: Barbara Livingston; Amanda Levett; Monta Potter; Allison Pratt Shelling; and Carrie Theis.

Mayor McCloud closed the meeting to public comment at 6:41 p.m.

Council Member BURNETT moved to adopt the criteria for special event waivers as amended to reflect positive and negative impacts on the community and procedures for the application process to include City staff having authority to apply the policy fee waiver up to $5,000, to provide for either staff or applicants to appeal to Council, and to require that all requests for City co-sponsorship and new/proposed community events be placed on a City Council agenda, seconded by Council Member SHARP and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

B. Consideration of a Resolution adopting a fee schedule for the use of Vista Lobos.

Assistant City Administrator Heidi Burch presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:55 p.m.

Speaking to the issue were: two members of the Good Morning Carmel group and Barbara
Livingston.

Mayor McCloud closed the meeting to public comment at 7:02 p.m.

Council Member HAZDOVAC moved to adopt the fee schedule for Vista Lobos to include an hourly use fee of $20 with a monthly fee of $200 for the one daily user (Good Morning Carmel), retroactive to July 1, 2011 (with the understanding that this daily use is confined to a maximum of 90 minutes), seconded by Mayor McCLOUD and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

C. Consideration of a Resolution approving a fee waiver in the amount of $12,475 for the 2012 Carmel Art Festival.

Assistant City Administrator Heidi Burch presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:18 p.m.

Speaking to the issue were Tami Thorp, executive director of the Carmel Art Festival; Allison Shelling; and Carrie Theis.

Mayor McCloud closed the meeting to public comment at 7:36 p.m.

Council Member HAZDOVAC moved to adopt the Resolution to approve a fee waiver of $12,300 for the 2012 Carmel Art Festival, seconded by Council Member BURNETT and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

D. Consideration of a Resolution approving the use of recycling grant funds for the City trash can replacement program.

Assistant City Administrator Heidi Burch presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:52 p.m.

Speaking to the issue were: Greg D’Ambrosio; Richard Julian; Monta Potter; Andrea Lewis and Marcy Rustad from MEarth; Barbara Livingston; Cindy Lloyd; Craig Holmburger; and Skip Lloyd.

Mayor McCloud closed the meeting to public comment at 8:11 p.m.

Council Member BURNETT moved to allocate the $19,998 for trash can replacement, to request staff to work with Waste Management on receiving the 15 annual replacement cans due to the City, and to get Planning Commission and public input on prototype receptacles, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE
NOES: COUNCIL MEMBERS: McCLOUD
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

XI. ORDERS OF COUNCIL
A. Provide direction on entering into an agreement for the management of the Sunset Center.

City Administrator Stilwell presented the staff report.

Christine Sandin, Executive Director of Sunset Center, spoke to the issue.

By consensus, Council directed the City Administrator to work with Sunset Center.

B. Receive report and provide direction on placement of a webcam at the beach.
This item was continued.

C. Provide direction on the deaccession of certain artwork.

Library Director Janet Bombard presented the staff report and introduced consultant Sheryl Nonnenberg who developed the deaccession list.

Mayor McCloud opened the meeting to public comment at 8:59 p.m.

Martha Mosher read a letter from fellow Harrison Library Board member Glen Mozingo regarding retaining the artwork believed to be from the Ella Harrison bequest and referred to a 1928 Pine Cone article on Mrs. Harrison. Carolyn Hardy, Skip Lloyd, and Stephen Moorer also spoke to the issue.

Mayor McCloud closed the meeting to public comment at 9:03 p.m.

Council Member BURNETT moved to approve the deaccession of the designated artwork with the exception of the 30 pieces that the Library Board said may be from the Harrison bequest, seconded by Mayor McCLOUD and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

D. Receive report and provide direction on year-round illumination of the Ocean Avenue median lights.

Assistant City Administrator Heidi Burch presented the staff report.

Mayor McCloud opened the meeting to public comment at 9:10 p.m.

Addressing Council were: Jonathan Sapp; Monta Potter; Carrie Theis; Cindy Lloyd; Allison Shelling; Barbara Livingston; Skip Lloyd and Carolyn Hardy.

Mayor McCloud closed the meeting to public comment at 9:27 p.m.

Council Member SHARP moved to have the current median lights be illuminated year round to come on at dusk and turn off at 11:00 p.m., seconded by Council Member HAZDOVAC.

Council Member BURNETT offered a substitute motion to refer this issue to the Planning Commission to have them look at options for other, less bright median lights, seconded by Council Member TALMAGE and failed on the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; SHARP & McCLOUD
NOES: COUNCIL MEMBERS: BURNETT & TALMAGE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

A vote of the earlier motion, in which Council Member SHARP moved to have the current median lights be illuminated year round to come on at dusk and turn off at 11:00 p.m., seconded by Council Member HAZDOVAC was carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; SHARP & McCLOUD
NOES: COUNCIL MEMBERS: BURNETT & TALMAGE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

E. Council decision on lease agreement with the Forest Theater Guild.
As announced at the start of the meeting, this item was not heard.

F. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 9:48 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT

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