AGENDA
Regular Meeting
Tuesday, September 11, 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, September 16, 2012
8:00 a.m., MCAET Channel 26
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. Certificate of Appreciation to Doug and Genie Freedman.
B. Certificate of Appreciation to Clayton Anderson.
C. Employee Recognition: Cindi Lopez/Steve Rana/Margi Perotti.
D. Certificate of Appreciation to Benny Martino.
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).
1. Status of Water Replacement Project.
C. Announcements from City Administrator.
1. Monthly Fire and Ambulance Reports
2. Recognition of new Public Safety Director Chief Mike Calhoun
3. Emergency Preparedness Update
4. Recycling Compliance Recognition
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 August 7, 2012.
B. Ratify the minutes for the special meeting of August 15, 2012.
C. Ratify the bills paid for the month of August 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 awarding a bid to Ambrosia Construction for the Beach Boardwalk and Platform Installation Project in an amount not to exceed $74,430 and approving up to $10,000 for engineering and inspection services and survey and soil compacting testing during construction.
F. Consideration of a Resolution awarding the bid to Ambrosia Construction for the San Antonio Trail Installation Project in an amount not to exceed $62,677 and approving up to $10,000 for engineering and inspection services and survey and soil compacting testing during construction.
G. Consideration of a Resolution awarding a bid to Nor-Cal Construction for the 2012 Street Improvement Projects in an amount not to exceed $298,270, and approval of up to $15,000 for project contingencies, engineering and inspection fees.
H. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement for a grid pruning project and award the contract for the project to West Coast Arborists, Inc. in the not to exceed amount of $36,979.
I. Consideration of a Resolution authorizing the City Administrator to enter into an agreement between the County of Monterey and participating cities to update the Monterey County Multi-jurisdictional Local Hazard Mitigation Plan (LHMP).
J. Receive City Support Group policy.
K. Receive and accept the agenda forecast.
VIII. Orders of Council
A. Discussion of certain refinancing and refunding options for the City’s CalPERS Retirement Side Fund.
B. Ratify the appointments for the boards and commissions.
C. Consideration of an ordinance adopting amendments to the Zoning Ordinance/Local Coastal Implementation Plan creating new regulations for single family dwellings, two unit residential projects and mixed use projects in the Central Commercial, Service Commercial, and Residential and Limited Commercial districts (First reading).
D. Receive an update on Carmel’s Water Conservation Work Plan.
IX. Future Council Agenda Items
X. Adjournment
The next meetings of the City Council will be:
Council Workshop: 5:30-6:30 p.m. (Subject: Sunset Center)
Monday, October 1, 2012
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, October 2, 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
September 11, 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, Theis&
Mayor Burnett
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
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.
Mayor Burnett called for a moment of silence in remembrance of the events of September
11, 2001.
IV. EXTRAORDINARY BUSINESS
A. Certificate of Appreciation to Doug and Genie Freedman.
Mayor Burnett thanked Doug and Genie Freedman for their annual Concours on the
Avenue event.
B. Certificate of Appreciation to Clayton Anderson.
Mayor Burnett presented the certificate in appreciation for his decades of public
service to the City.
C. Employee Recognition: Cindi Lopez/Steve Rana/Margi Perotti.
Recognition was given by City Administrator Stilwell for their work on the events
during Car Week.
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D. Certificate of Appreciation to Benny Martino.
A certificate was presented by Mayor Burnett in recognition of his 38 years of service
to the City.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS
AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman noted that 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 Theis noted the start of the Hospitality Improvement District (HID)
program and an informational meeting to be held on September 25 at City Hall and the
establishment of an HID Advisory Board.
Council Member Beach requested future presentations about the code compliance
process and one about a right-of-way survey.
Mayor Burnett provided a recap of the Council workshop on Rio Park, noted that
recognition of former Council Member Paula Hazdovac would be forthcoming
pending her return from vacation, and offered a status report on the Water
Replacement Project. Finally, he noted a September 4 public workshop in Carmel held
jointly with Supervisor Dave Potter about the Fort Ord Reuse Authority (FORA) and
President Obama’s approval of Fort Ord lands becoming a National Monument.
C. Announcements from City Administrator.
1. Monthly Fire and Ambulance Report.
City Administrator Stilwell presented the report.
2. Recognition of new Public Safety Director Chief Mike Calhoun.
City Administrator Stilwell and Mayor Burnett recognized and congratulated Chief
Calhoun on becoming the Public Safety Director.
3. Emergency Preparedness Update
City Administrator Stilwell and Public Safety Director Calhoun presented the
update.
4. Recycling Compliance Recognition
Joe Cadelago, Government and Community Relations Manager from Waste
Management, Inc. presented the award.
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VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:21 p.m.
Doug Lumsden, Chair of the Board of the Carmel Chamber of Commerce, announced
upcoming Chamber events.
Barbara Livingston, President of the Carmel Residents Association, noted the distribution
of the newsletter and upcoming events.
Liz Keegan, of Unite HERE Local 483, and Concepcion Velasquez, a former La Playa
worker, noted the continued efforts on behalf of the workers.
Monte Miller noted the 9/11 Memorial Ceremony at Devendorf Park earlier in the day.
Mayor Burnett closed the meeting to public comments at 5:29 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of August 7, 2012.
B. Ratify the minutes for the special meeting of August 15, 2012.
C. Ratify the bills paid for the month of August 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 awarding a bid to Ambrosia Construction for the Beach
Boardwalk and Platform Installation Project in an amount not to exceed $74,430 and
approving up to $10,000 for engineering and inspection services and survey and soil
compacting testing during construction.
F. Consideration of a Resolution awarding the bid to Ambrosia Construction for the San
Antonio Trail Installation Project in an amount not to exceed $62,677 and approving
up to $10,000 for engineering and inspection services and survey and soil compacting
testing during construction.
G. Consideration of a Resolution awarding a bid to Nor-Cal Construction for the 2012
Street Improvement Projects in an amount not to exceed $298,270, and approval of up
to $15,000 for project contingencies, engineering and inspection fees.
H. Consideration of a Resolution authorizing the establishment of a cooperative purchasing
agreement for a grid pruning project and award the contract for the project to West Coast
Arborists, Inc. in the not to exceed amount of $36,979.
I. Consideration of a Resolution authorizing the City Administrator to enter into an
agreement between the County of Monterey and participating cities to update the
Monterey County Multi-jurisdictional Local Hazard Mitigation Plan (LHMP).
J. Receive City Support Group policy.
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K. Receive and accept the agenda forecast.
Council Member Beach requested review of the August 7, 2012 minutes. Was continued in order
to allow staff time to review the record.
City Administrator Stilwell noted additional details of projects outlined in Items
VII. E-G. He recommended that Council Members Beach and Hillyard recuse
themselves from voting on Item G because of the proximity of their homes to one of
the streets on the improvement list.
City Administrator Stilwell also requested amending Item VII.I on page 52 to add
the additional approval of Council for the City to be a partner in the Local Hazard
Mitigation Plan update.
Council Member Talmage noted publicly that the City is spending $475,000 on
these items listed under Consent: $140,000 for the grant-funded Del Mar projects,
$300,000 for street improvements, and $35,000 for the arborist.
Mayor Burnett opened the meeting to public comment at 5:35 p.m.
Ron Kabat asked to pull Item D.
An unidentified resident reported a pothole in front of her property.
Mayor Burnett closed the meeting to public comment at 5:37 p.m.
Council Member TALMAGE moved to approve Consent Agenda Items B,C,E,F H, I and J
and K, as amended, seconded by Council Member THEIS and carried unanimously.
Council Member TALMAGE moved to approve Consent Agenda Item G, seconded by Council
Member THEIS and carried by a 3-0 vote, with Council Members BEACH and HILLYARD
abstaining.
Ron Kabat spoke about Item D and requested to review the information about the
Mission Fields Flood.
Mayor Burnett opened and closed the meeting to public comment at 5:59 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item D (with the exception
of the flood documents), seconded by Council Member HILLYARD and carried unanimously.
VIII. ORDERS OF COUNCIL
A. Discussion of certain refinancing and refunding options for the City’s CalPERS
Retirement Side Fund.
Mayor Burnett recused himself, citing a conflict of interest, a business relationship with the
consultant working on the City’s behalf on the refinancing project. The Mayor left the Chambers.
Vice Mayor Talmage presided over the discussion.
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City Administrator Stilwell and Craig Hill, the City’s Financial Advisor, gave the
presentation.
Vice Mayor Talmage opened the meeting to public comment at 6:31 p.m.
Monte Miller spoke to the issue and Ron Kabat inquired about any campaign
contributions made by Craig Hill to Carmel City Council members.
Vice Mayor Talmage closed the meeting to public comment at 6:37 p.m.
Council provided direction to City Administrator Stilwell to ask CalPERS for the exact
amount owed for the side fund; to use a 10-year term for the bonds (consistent with the term
of the tax increase) if the sales tax increase (Measure D) passes, and to refinance for a longer
term (in the range of 15-20 years, and possibly as long as 30 years) if Measure D fails.
Council also directed to issue a Request for Qualifications for a firm to underwrite the
bonds. Council agrees on level annual payments over the term and on preparing
documentation for a public offering or a private placement.
The City Administrator and the City's financial advisor will bring back options in October.
Council took a short recess at 7:08 p.m. and reconvened at 7:18 p.m.
B. Ratify the appointments for the boards and commissions.
Mayor Burnett presented the recommendations of the Vice Mayor and himself and
mentioned that there will be openings on other commissions. He thanked outgoing
Harrison Memorial Library Board Trustee Elisabeth Ungaretti for her years of
service.
Mayor Burnett opened and closed the meeting to public comment at 7:25 p.m.
Council Member BEACH moved to ratify the appointments for boards and commissions,
seconded by Council Member HILLYARD and carried unanimously.
C. Consideration of an Ordinance adopting amendments to the Zoning Ordinance/Local
Coastal Implementation Plan creating new regulations for single family dwellings, two
unit residential projects and mixed use projects in the Central Commercial, Service
Commercial, and Residential and Limited Commercial districts (First reading).
Council Members Hillyard and Beach recused themselves due to their prior roles in the decisionmaking
process of the item as Planning Commissioners. Both left the Chambers as Council
discussion took place.
Planning and Building Services Manager Sean Conroy presented the staff report.
Mayor Burnett opened the meeting to public comment at 7:31 p.m.
Barbara Livingston and Kristy Downing addressed the issue.
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Mayor Burnett closed the meeting to public comment at 7:33 p.m.
Council Member THEIS moved to adopt the first reading of an Ordinance adopting
amendments to the Zoning Ordinance/Local Coastal Implementation Plan creating new
regulations for single family dwellings, two-unit residential projects and mixed-use projects
in the Central Commercial, Service Commercial, and Residential and Limited Commercial
districts, seconded by Council Member TALMAGE and carried by the following vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS AND BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: HILLYARD & BEACH
D. Receive an update on Carmel’s Water Conservation Work Plan.
Associate Planner Marc Wiener gave the staff report.
Mayor Burnett opened the meeting to public comment at 7:52 p.m.
Kristy Downing spoke to the issue.
Mayor Burnett closed the meeting to public comment at 7:53 p.m.
Council requested that staff continue to investigate issues such as: adding water supplies via
cisterns (especially at Devendorf Park) and a recycled water pipe network; tapping into
local springs; developing in-ground water systems; and installing low-flow toilets in all City
facilities and rain sensors for City irrigation. Council also asked staff to gather information
about where water use is in the City, requested marketing Carmel as a “green city”, looking
into cost effectiveness calculations for prioritization purposes, working with the CSUMB
Watershed Institute to get its expertise, and working with the Monterey Peninsula Water
District to ensure that the City is not penalized for making water conservation
improvements. Staff will provide progress updates at a future meeting.
E. Future Council agenda items.
Mayor Burnett opened and closed the meeting to public comment at 8:10 p.m.
IX. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 8:12 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT
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