AGENDA
Regular Meeting
Tuesday, August 7, 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, August 12, 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. Employee Recognition: Melissa Webster
B. Certificate of Appreciation to the Pebble Beach Concours d’Elegance.
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. Presentation: Monterey County Convention and Visitors’ Bureau.
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 July 3, 2012.
B. Ratify the bills paid for the month of July 2012.
C. Consideration of a Resolution approving the application and certification agreement for the Certified Local Government (CLG) Preservation Program.
D. Consideration of a Resolution authorizing the City of Carmel by-the-Sea to enter into an agreement with Monterey County Emergency Medical Services Agency to participate in the County EMS system and to comply with all applicable State regulations and local policies and procedures, including participation in the agency's continuous quality improvement program.
E. Consideration of a Resolution approving one “free use day” at Sunset Center for the Carmel Authors and Ideas Festival in September 2012 and the placement of Festival flags as part of the special event.
F. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Monterey for vehicle maintenance services.
VIII. Orders of Council
A. Update on the July 26 California Public Utilities Commission Workshop.
B. Review the Long-range Council Agenda Forecast.
C. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.
7:00-7:15 p.m. Scheduled Break________________________________
D. Consideration of a Resolution implementing a collection rate adjustment in connection with an exclusive franchise agreement between the City of Carmel-by-the-Sea and USA Waste of California, Inc.
E. Consideration of a Resolution approving street closures, one of the City’s free use days and a waiver of certain costs and fees associated with the 2012 Carmel Art and Film Festival.
F. Consideration of an appeal of the Forest and Beach Commission’s denial of an application for removal of a 30-inch diameter Monterey pine at a residence on the east side of Torres Street, 2 south of Fifth Avenue. The appellant is Marcia Stuart, on behalf of property owners Ann and Steve Kenfield.
G. Public Hearing and consideration of the second reading of an Ordinance establishing the Carmel-by-the-Sea Hospitality Improvement District.
H. Consideration of the second 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.
IX. Adjournment
The next meetings of the City Council will be:
Council Workshop: 5:30-6:30 p.m.
Monday, September 10, 2012
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, September 11, 2012
(please note—second Tuesday because of the Labor Day holiday)
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
August 7, 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, Hillyard, Talmage & Mayor Burnett (Council Member Hazdovac arrived at 5:02 p.m.)
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Mike Branson, City Forester
Sean Conroy, Planning Services Manager
III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Melissa Webster
City Administrator Stilwell and Interim Police Chief Mike Calhoun recognized Police Service Officer Melissa Webster.
B. Certificate of Appreciation to the Pebble Beach Concours d’Elegance
.
Jason Burnett presented a certificate to Sean Jacobs from the Pebble Beach Concours.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman noted 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 Talmage noted the placement of Maura Twomey as Executive Director of the Association of Monterey Bay Area Governments (AMBAG).
Council Member Beach noted the next meeting of the Outdoor Market Committee will be on Monday, August 13, from 9:00-11:00 a.m.
Mayor Burnett noted the passing of former City Treasurer Charles Reiman and announced an upcoming Fort Ord Reuse Authority workshop, scheduled for Tuesday, September 4, from 5:30 to 7:00 p.m. The City will co-host this event with Supervisor Dave Potter.
C. Announcements from City Administrator.
1. Monthly Fire and Ambulance Report.
City Administrator Stilwell presented the report.
Presentation: Monterey County Convention and Visitors’ Bureau.
MCCVB President/Chief Executive Tammy Blount gave the presentation.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:15 p.m.
Jeff Le Towt addressed the proposed sales tax ballot measure.
Doug Lumsden, chairman of the Carmel Chamber of Commerce board, noted several upcoming Chamber events and welcomed the public to attend. He also said the Chamber will operate shuttles to the Pebble Beach Concours on August 19, departing from Carmel Plaza.
Catherine Bowie, External Affairs Manager for California-American Water, provided an update on its water supply proposal with the CPUC.
Todd Tice addressed the meeting times for the proposed downtown outdoor marketplace.
Leonard O’Neill, Secretary/Treasurer of Unite HERE Local 483, addressed the union boycott at the La Playa Carmel.
Richard Kreitman, representing the Center for Constitutional Education, addressed suggested amendments to the Pledge of Allegiance.
Carrie Theis, President of the Carmel Innkeepers Association, said her board has joined with the Carmel Chamber of Commerce and the Carmel Residents Association in endorsing the City’s November 6 sales tax initiative, Measure D.
Brian Congleton, representing the Monterey Chapter of the American Institute of Architects, spoke about the Annual Sandcastle Contest at Carmel Beach on September 9 and invited the Council and public to serve as volunteers at this event.
Mayor Burnett closed the meeting to public comments at 5:40 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of July 3, 2012.
B. Ratify the bills paid for the month of July 2012.
C. Consideration of a Resolution approving the application and certification agreement for the Certified Local Government (CLG) Preservation Program.
D. Consideration of a Resolution authorizing the City of Carmel by-the-Sea to enter into an agreement with Monterey County Emergency Medical Services Agency to participate in the County EMS system and to comply with all applicable State regulations and local policies and procedures, including participation in the agency's continuous quality improvement program.
E. Consideration of a Resolution approving one “free use day” at Sunset Center for the Carmel Authors and Ideas Festival in September 2012 and the placement of Festival flags as part of the special event.
F. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Monterey for vehicle maintenance services.
Council Member Hillyard said as he was not present at the July 3 meeting, he would abstain from voting on Item A.
Council Member Hazdovac asked to trail Item E to follow Item VII-C under Orders of Council.
Mayor Burnett opened and closed the meeting to public comment at 5:43 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item A, seconded by Council Member BEACH and carried by a vote of 4-0, with Council Member Hillyard abstaining.
Council Member TALMAGE moved to approve Consent Agenda Items B-D and F, seconded
by Council Member BEACH and carried unanimously.
VIII. ORDERS OF COUNCIL
A. Update on the July 26 California Public Utilities Commission Workshop.
Mayor Burnett provided the update.
Catherine Bowie provided added some additional details about the Workshop.
Mayor Burnett opened the meeting to public comment at 6:14 p.m.
Monte Miller and Richard Kreitman addressed Council.
Mayor Burnett closed the meeting to public comment at 6:15 p.m.
B. Review the Long-range Council Agenda Forecast.
City Administrator Stilwell gave the staff report.
Mayor Burnett opened the meeting to public comment at 6:35 p.m.
Stephen Moorer addressed Council.
Mayor Burnett closed the meeting to public comment at 6:36 p.m.
Council took no action; however, the City Administrator took note of Council comments and suggested enhancements.
C. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.
Sean Conroy, Planning/Building Services Manager, gave the staff report.
Mayor Burnett opened the meeting to public comment at 6:59 p.m.
Stephen Moorer and Carrie Theis addressed Council.
Mayor Burnett closed the meeting to public comment at 7:03 p.m.
Council Member HILLYARD moved to amend City Council Policy C95-07 regarding the display of banners on public property for community events as proposed by staff, to include other additions: events that will benefit the City are appropriate; banners may not be vinyl coated but may include a simple Website address; that organizations will equally share space if two events coincide, that banner installation must be requested no less than 45 days earlier and notification of approval will occur within 30 days; and that if more than two events request the same dates, preference will be given to the event/organization with the fewest display dates in a year, seconded by Council Member TALMAGE and carried unanimously.
Council took its scheduled break at 7:30 p.m. and resumed with Orders of Council at 7:50 p.m.
D. Consideration of a Resolution implementing a collection rate adjustment in connection with an exclusive franchise agreement between the City of Carmel-by-the-Sea and USA Waste of California, Inc.
City Administrator Stilwell gave the staff report.
Sue McCloud, speaking as the City’s representative to the Monterey Regional Waste Management District, addressed Council.
Bob Angell, Waste Management Inc.’s Director of Municipal Contract Compliance, addressed Council.
Mayor Burnett opened the meeting to public comment at 8:27 p.m.
Steve Dallas addressed Council.
Mayor Burnett closed the meeting to public comment at 8:30 p.m.
Council Member TALMAGE moved to approve a pass-through fee increase retroactively, as required by the franchise agreement to 2011 (estimated at 1.24%), but not to approve the cost-of-living increase, seconded by Council Member BEACH and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HAZDOVAC; HILLYARD; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
E. Consideration of a Resolution approving street closures, one of the City’s free use days and a waiver of certain costs and fees associated with the 2012 Carmel Art and Film Festival.
Assistant City Administrator Heidi Burch gave the staff report.
Tom Burns, organizer of the Carmel Art and Film Festival, answered questions.
Mayor Burnett opened and closed the meeting to public comment at 8:58 p.m.
Council Member HILLYARD moved to approve street closures, one of the City’s free use days, and a waiver of certain costs and fees associated with the 2012 Carmel Art and Film Festival, seconded by Council Member HAZDOVAC and carried unanimously.
F. Consideration of an appeal of the Forest and Beach Commission’s denial of an application for removal of a 30-inch diameter Monterey pine at a residence on the east side of Torres Street, 2 south of Fifth Avenue. The appellant is Marcia Stuart, on behalf of property owners Ann and Steve Kenfield.
City Forester Mike Branson gave the staff report.
Steve Kenfield, the property owner/appellant, addressed Council.
Mayor Burnett opened and closed the meeting to public comment at 9:09 p.m.
Council Member HILLYARD moved to uphold the appeal of the Forest and Beach Commission’s denial of an application for removal of the Monterey pine at a residence on the east side of Torres Street, 2 south of Fifth Avenue, with the condition that the owners will replace the upper canopy tree, seconded by Council Member TALMAGE and passed by the following roll-call vote:
AYES: COUNCIL MEMBERS: HAZDOVAC; HILLYARD & TALMAGE
NOES: COUNCIL MEMBERS: BEACH & BURNETT
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
G. Public Hearing and consideration of the second reading of an Ordinance establishing the Carmel-by-the-Sea Hospitality Improvement District.
Mayor Burnett opened and closed the meeting to the public for the Public Hearing at 9:32 p.m.
City Clerk Heidi Burch noted that aggregate protest from inn owners qualified to register such a protest was 11.67%.
Council Member TALMAGE moved to adopt the second reading of an Ordinance establishing the Carmel-by-the-Sea Hospitality Improvement District, on the basis there was less than a 50% protest vote from inn owners, seconded by Council Member HAZDOVAC and carried unanimously.
H. Consideration of the second 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.
Mayor Burnett opened and closed the meeting to public comment at 9:35 p.m.
Council Member HILLYARD moved to adopt the second 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, seconded by Council Member HAZDOVAC and carried unanimously.
VII. CONSENT CALENDAR (this item had been pulled for later discussion at the request of Council Member Hazdovac).
E. Consideration of a Resolution approving one “free use day” at Sunset Center for the Carmel Authors and Ideas Festival in September 2012 and the placement of Festival flags as part of the special event.
Council Member TALMAGE moved to approve one “free use day” at Sunset Center for the Carmel Authors and Ideas Festival in September 2012 and the placement of Festival flags as part of the special event, with sharing, as consistent with the banner policy, seconded by Council Member and carried unanimously.
F. Future Council agenda items.
IX. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 9:41 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT
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