AGENDA
Regular Meeting
Tuesday, July 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, July 8, 2012
8:00 a.m., MCAET Channel 26
Hearing assistance units are available to the public for meetings
held in the Council Chambers
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Extraordinary Business
A. Introduction of Ashlee Wright, the new Local History Librarian.
B. Employee Recognition: Wendy Good
C. Presentation of a Certificate of Recognition to the Carmel Bach Festival in honor of its 75th Anniversary.
D. Presentation of a Certificate of Appreciation to Todd Hornik for his service on the Forest and Beach Commission.
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 an announcement or report on his or her activities).
C. Announcements from City Administrator.
1. Monthly Fire and Ambulance reports.
2. AMBAG Report
3. Flanders RDEIR available and 45-day review period
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 June 5, 2012.
B. Ratify the minutes for the special meeting of June 12, 2012.
C. Ratify the bills paid for the month of June 2012.
D. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.
E. Consideration of a Resolution authorizing the Friends of the Library to install a memorial plaque at the Main Library.
F. Consideration of a Resolution approving the use of the Sunset Center Theater, lobby and patio by The Carmel Foundation in September 2012 for its annual meeting from 4:00 p.m. - 6:00 p.m.
G. Consideration of a Resolution approving the use of the Sunset Center Theater by the Carmel Public Library Foundation on May 9, 2013 for its Authors with Authors fundraising event.
H. Consideration of a Resolution designating Scenic Road a one-way street from Santa Lucia Avenue to Martin Way.
I. Consideration of a Resolution extending the Memorandums of Understanding (MOU) for represented LIUNA/UPEC Local 792 employees and the Police Officers Association.
J. Consideration of a Resolution awarding a contract to Stowe Contracting for replacement of a pedestrian footbridge in Mission Trail Nature Preserve (MTNP) near Mt. View Avenue in the amount of $44,336.00 with a 10% contingency of $4,434 for a total amount not to exceed $48,770.00.
K. Approve letter of support for the acquisition of the Whisler Wilson Ranch property by the Monterey Peninsula Regional Park District.
L. Consideration of a Resolution amending Local Agency Investment Fund (LAIF) authorization for transfer of funds.
M. Consideration of a Resolution accepting a donation of $5,000 from the Carmel-by-the-Sea Rotary Club-Farrell/Allen Fund of the Community Foundation for Monterey County for the digitization of the Devendorf- Galante Historical Collection.
VII. Orders of Council
A. Consideration of:
1) The first reading of an Ordinance imposing a transactions and use tax (sales tax) to be administered by the State Board of Equalization and
2) Consideration of a Resolution giving notice of a special Municipal Election for the purpose of submitting a proposal to temporarily increase the transactions and use (sales) tax rate 1% for a period of 10 years; finding and declaring an emergency exists that requires the voters to approve a transactions and use tax before the next Municipal Election; and requesting Monterey County provide for consolidation of this proposed sales tax increase election with the November 6, 2012 election.
B. Consideration of a Resolution authorizing the issuance of Pension Obligation Bonds to refinance the outstanding side fund obligations of the City to the California Public Employees’ Retirement System (PERS) and authorizing institution of judicial validation proceedings.
C. Public Meeting establishing the Carmel Hospitality Improvement District:
1) Consideration of Resolution declaring the City’s intention to establish the Carmel Hospitality Improvement District (HID) and
2) The first reading of an Ordinance establishing the Carmel Hospitality Improvement District.
D. Consideration of a ban on the distribution of single-use plastic bags by retail establishments:
1) A Resolution adopting an Initial Study (IS)/Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the Single-Use Plastic& Carryout Bag Ordinance and
2) The second reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea.
E. Consideration of a Resolution extending the lease agreement with Crown Castle to maintain a cell phone tower on City property.
F. Consideration of the first reading of an Ordinance amending Municipal Code Section 2.72.050 (H) regarding the procedure for an annual Library Board of Trustees report to the City Council on the condition of the library.
G. Future Council agenda items.
XII. Adjournment
The next meetings of the City Council will be:
Council Workshop: 5:30-6:30 p.m.
Monday, August 6, 2012
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, August 7, 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
July 3, 2012
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 4:35 p.m. Mayor Burnett called the meeting to order.
II. ROLL CALL
PRESENT: Council Members Beach, Hazdovac, Talmage & Mayor Burnett
ABSENT: Council Member Hillyard
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning/Building Services Manager
Janet Bombard, Library Director
Mike Branson, City Forester
III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Introduction of Ashlee Wright, the new Local History Librarian.
Library Director Janet Bombard introduced Ashley.
B. Employee Recognition: Wendy Good
City Administrator Stilwell recognized her efforts as a Reference Librarian.
C. Presentation of a Certificate of Recognition to the Carmel Bach Festival in honor of
its 75th Anniversary.
Mayor Burnett presented the Certificate of Recognition to Executive Director Debbie Chinn and Board President David Nee.
D. Presentation of a Certificate of Appreciation to Todd Hornik for his service on the Forest and Beach Commission.
Todd Hornik was not in attendance.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman noted there were no 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).
Council Member Hazdovac noted the Fourth of July Celebration at Devendorf Park from 12 noon-4:00 p.m.
Council Member Beach provided an update on the proposed downtown Market.
Mayor Burnett discussed the implementation of a draft long-range calendar for agenda items, provided updates on the Highway 156 project and water proposals, and noted that he would attend the California Public Utilities Commission water workshop to be held in San Francisco on July 26-27.
C. Announcements from City Administrator.
City Administrator Stilwell noted the June 20 visit by Vice President Biden and said that the City’s event costs were presented to the organizers for reimbursement.
1. Monthly Fire and Ambulance Report.
City Administrator Stilwell presented the report. Chief Miller answered Council questions.
2. AMBAG Report.
Council Member Talmage introduced AMBAG’s Interim Executive Director Diane Eidam, who gave the presentation.
3. Flanders RDEIR available and 45-day review period.
City Administrator Stilwell announced the Flanders RDEIR is available for public review and comment through July 30. Sean Conroy, Planning/Building Services Manager, noted the Planning Commission will hold a public hearing on July 11 at 4:00 p.m.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:07 p.m.
Mildred Klein thanked the Fire Department for its services, noted the used book sale by the Friends of the Library, and inquired about the parking in lieu fund.
Don Baumann noted the high level of service from the Police and Fire departments and its Citizens Academy.
Mark Weller, of Unite HERE Local 483, updated the Council on the La Playa-Carmel employment situation and a planned union protest on Friday.
Julie Armstrong, representing the Carmel Chamber of Commerce, noted five upcoming ribbon cutting events in July. A schedule was provided for the record.
Michael Fredrickson addressed Council about the La Playa workers.
Mayor Burnett closed the meeting to public comments at 5:18 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of June 5, 2012.
B. Ratify the minutes for the special meeting of June 12, 2012.
C. Ratify the bills paid for the month of June 2012.
D. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.
E. Consideration of a Resolution authorizing the Friends of the Library to install a memorial plaque at the Main Library.
F. Consideration of a Resolution approving the use of the Sunset Center Theater, lobby and patio by The Carmel Foundation in September 2012 for its annual meeting from 4:00 p.m. - 6:00 p.m.
G. Consideration of a Resolution approving the use of the Sunset Center Theater by the Carmel Public Library Foundation on May 9, 2013 for its Authors with Authors fundraising event.
H. Consideration of a Resolution designating Scenic Road a one-way street from Santa Lucia Avenue to Martin Way.
I. Consideration of a Resolution extending the Memorandums of Understanding (MOU) for represented LIUNA/UPEC Local 792 employees and the Police Officers Association.
J. Consideration of a Resolution awarding a contract to Stowe Contracting for replacement of a pedestrian footbridge in Mission Trail Nature Preserve (MTNP) near Mt. View Avenue in the amount of $44,336.00 with a 10% contingency of $4,434 for a total amount not to exceed $48,770.00.
K. Approve letter of support for the acquisition of the Whisler Wilson Ranch property by the Monterey Peninsula Regional Park District.
L. Consideration of a Resolution amending Local Agency Investment Fund (LAIF) authorization for transfer of funds.
M. Consideration of a Resolution accepting a donation of $5,000 from the Carmel-by-the-Sea Rotary Club-Farrell/Allen Fund of the Community Foundation for Monterey County for the digitization of the Devendorf-Galante Historical Collection.
Burnett noted changes to Item H “from Santa Lucia to the City limits” and an amendment to the Minutes of June 5.
Item D was pulled for clarification and will be brought back at a later date.
Mayor Burnett opened and closed the meeting to public comment at 5:22 p.m.
Council Member HAZDOVAC moved to approve Consent Agenda Items A-C and E-M, seconded by Council Member TALMAGE and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
VIII. ORDERS OF COUNCIL
A. Consideration of:
1) The first reading of an Ordinance imposing a transactions and use tax (sales tax) to be administered by the State Board of Equalization and
2) Consideration of a Resolution giving notice of a special Municipal Election for the purpose of submitting a proposal to temporarily increase the transactions and use (sales) tax rate 1% for a period of 10 years; finding and declaring an emergency exists that requires the voters to approve a transactions and use tax before the next Municipal Election; and requesting Monterey County provide for consolidation of this proposed sales tax increase election with the November 6, 2012 election.
City Administrator Stilwell presented the staff report.
Mayor Burnett opened the meeting to public comment at 5:30 p.m.
Doug Lumsden, Board Chair of Carmel Chamber of Commerce, Ron Kabat, Barbara Livingston and Jean Grace addressed Council.
Mayor Burnett closed the meeting to public comment at 5:37 p.m.
Mayor Burnett re-opened the meeting to public comment at 5:59 p.m.
Jean Grace, Kristy Downing, and Barbara Livingston spoke to the issue.
Mayor Burnett closed the meeting to public comment at 6:02 p.m.
Council Member TALMAGE moved to adopt the Resolution giving notice of a special Municipal Election for the purpose of submitting a proposal to temporarily increase the transactions and use (sales) tax rate 1% for a period of 10 years; finding and declaring an emergency exists that requires the voters to approve a transactions and use tax before the next Municipal Election; and requesting Monterey County provide for consolidation of this proposed sales tax increase election with the November 6, 2012 election, as amended, seconded by Council Member BEACH and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
Mayor Burnett opened and closed the meeting to public comment at 6:12 p.m.
Council Member TALMAGE moved to adopt, on first reading, an Ordinance imposing a transactions and use tax (sales tax) to be administered by the State Board of Equalization, seconded by Council Member BEACH and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
B. Consideration of a Resolution authorizing the issuance of Pension Obligation Bonds to refinance the outstanding side fund obligations of the City to the California Public Employees’ Retirement System (PERS) and authorizing institution of judicial validation proceedings.
Mayor Burnett asked to recuse himself due to a conflict of interest (he has a business partnership with Craig Hall of NHA Advisors), so Vice Mayor Talmage presided over this portion of the meeting.
City Administrator Stilwell presented the staff report.
Charles “Chick” Adams, of the bond counsel firm Jones Hall, and Craig Hill, of NHA Advisors, addressed Council.
Vice Mayor Talmage opened the meeting to public comment at 7:00 p.m.
Ron Kabat spoke to the issue.
Vice Mayor Talmage closed the meeting to public comment at 7:03 p.m.
Council Member HAZDOVAC moved to adopt the Resolution authorizing the issuance of Pension Obligation Bonds to refinance the outstanding side fund obligations of the City to the California Public Employees’ Retirement System (PERS) and authorizing institution of judicial validation proceedings, seconded by Council Member TALMAGE and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: BURNETT
C. Public Meeting establishing the Carmel Hospitality Improvement District:
1) Consideration of Resolution declaring the City’s intention to establish the Carmel Hospitality Improvement District (HID) and
2) The first reading of an Ordinance establishing the Carmel Hospitality Improvement District.
City Administrator Stilwell presented the staff report.
Mayor Burnett opened and closed the meeting to public comment at 7:25 p.m.
Council Member TALMAGE moved to adopt the Resolution declaring the City’s intention to establish the Carmel Hospitality Improvement District (HID) with an amendment to delete all references to “recovery of City costs for noticing, hearings and meetings” and to adopt the first reading of an Ordinance establishing the Carmel Hospitality Improvement District, seconded by Council Member HAZDOVAC and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
D. Consideration of a ban on the distribution of single-use plastic bags by retail establishments:
1. A Resolution adopting an Initial Study (IS)/Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the Single-Use Plastic & Carryout Bag Ordinance and
2. The second reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea.
Sean Conroy, Planning Manager, presented the staff report.
Mayor Burnett opened and closed the meeting to public comment at 7:34 p.m.
Council Member TALMAGE moved to approve the Resolution adopting an Initial Study (IS)/Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the Single-Use Plastic & Carryout Bag Ordinance with an amendment to the Negative Declaration to note the retail establishment exceptions as outlined in the ordinance, seconded by Council Member BEACH and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
Council Member TALMAGE moved to adopt the second reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea, seconded by Council Member BEACH and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
E. Consideration of a Resolution extending the lease agreement with Crown Castle to maintain a cell phone tower on City property.
At the request of the City Administrator, this item will be heard at a future date.
F. Consideration of the first reading of an Ordinance amending Municipal Code Section 2.72.050 (H) regarding the procedure for an annual Library Board of Trustees report to the City Council on the condition of the library.
City Administrator Stilwell presented the staff report.
Mayor Burnett opened and closed the meeting to public comment at 7:42 p.m.
Council Member TALMAGE moved to adopt, upon first reading, the Ordinance amending Municipal Code Section 2.72.050 (H) regarding the procedure for an annual Library Board of Trustees report to the City Council on the condition of the library, with the amendment that the Library Trustees will make the report to the City on the 30th of June preceding and then forward a copy to the State Library, seconded by Council Member HAZDOVAC and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
G. Future Council agenda items.
Council Member Beach proposes establishing a committee to work on the Caltrans Trails grant.
Mayor Burnett proposes to have a draft long-range public agenda calendar on the August agenda.
Council Member Talmage asked to include an update of the July 26 PUC hearing at the August 7 meeting.
XII. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 7:47 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT
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