AGENDA
Regular Meeting
Tuesday, October 2, 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, October 7, 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. Recognition of former Council Member Paula Hazdovac.
B. Certificate of Appreciation to outgoing Harrison Memorial Library Board Member Elisabeth Ungaretti.
C. Employee Recognition: Dave Jedinak, Firefighter/Paramedic.
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. Employee Announcement: Sean Conroy, Planning and Building Services Manager.
3. Presentation: Monterey Peninsula Water Management District on water supply charge.
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. (continued)
B. Ratify the minutes for the regular meeting of September 11, 2012.
C. Ratify the bills paid for the month of September 2012.
D. Consideration of a Resolution recognizing $35,632.45 of Resource Bond Grant Funds for construction of some elements of Phase II of the Sunset Center Landscaping Project.
E. Consideration of a Resolution appointing Sherman Low as City Engineer and approving an agreement with Neill Engineers Corporation for engineering consulting services through June 2017.
F. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Buff LaGrange for an historic property located at 2552 Santa Lucia Avenue.
G. Consideration of a Resolution authorizing the City Administrator to sign a letter of agreement to engage in a competitive Waste and Recycling Franchise Agreement procurement process with the Monterey Regional Waste Management District (MRWMD).
H. Consideration of a Resolution to amend the interim ambulance administration services agreement between the cities of Carmel by-the-Sea and Monterey to allow backfill of paramedic vacancies.
I. Consideration of a Resolution authorizing the City Administrator to apply for a Land and Water Conservation Fund grant for the purpose of completing the Scenic and Santa Lucia Restroom Replacement Project.
J. Consideration of a Resolution extending the agreement with STC Five LLC (Crown Castle USA) to lease a cell phone tower at the Carmel Youth Center.
K. Receive agenda forecast.
VIII. Orders of Council
A. Second 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.
B. Update and direction on refinancing and refunding options for the City’s CalPERS Retirement Side Fund.
C. Receive Sunset Cultural Center’s FY 2011/12 report.
D. Receive report from the ad hoc Downtown Event Committee and provide direction.
E. Consideration of a Resolution designating the Friends of Mission Trail Nature Preserve (FOMTNP) as an official City support group.
7:15 p.m. Council Break_____________________________________________________
F. Consideration of a Resolution accepting a gift from the 9/11 Carmel Citizen Group and authorizing the installation of a 9/11 memorial to be placed in Devendorf Park.
G. Ratify appointments for the Community Activities and Cultural Commission, Community Human Services, and alternate to Monterey-Salinas Transit.
H. Review of Waste Management Franchise Agreement contract compliance scorecard.
I. Consideration of an Ordinance rescinding Ordinance 2006-04 and establishing a standing Traffic Safety Committee. (First reading)
IX. Future Council Agenda Items
X. Adjournment
The next meetings of the City Council will be:
Council Workshop: 5:30-6:30 p.m.
Monday, November 5, 2012
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, November 6, 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
October 2, 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 4:30 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
Molly Laughlin, Deputy City Clerk
Mike Calhoun, Public Safety Director
Mike Branson, City Forester
Sean Conroy, Planning and Building Services Manager
Marc Wiener, Associate Planner
Sharon Friedrichsen, Public Services Manager
III. PLEDGE OF ALLEGIANCE
Mayor Burnett asked former Council Member Paula Hazdovac to lead the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Recognition of former Council Member Paula Hazdovac.
Paula Hazdovac was recognized by Mayor Burnett. Remarks also were given by former Mayor Sue McCloud, former Council Members Gerard Rose and Karen Sharp, and current Vice Mayor Ken Talmage, all of whom served with Hazdovac on Council.
B. Certificate of Appreciation to outgoing Harrison Memorial Library Board Member Elisabeth Ungaretti.
Mayor Burnett presented the Certificate of Appreciation to Elisabeth Ungaretti.
C. Employee Recognition: Dave Jedinak, Firefighter/Paramedic.
City Administrator Stilwell and Public Safety Director Calhoun recognized Dave Jedinak.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported 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 Hillyard asked about eliminating Council agenda item summaries.
Mayor Burnett reported Governor Brown had signed AB 1614, the bill extending the Fort Ord Reuse Authority for an additional six years.
C. Announcements from City Administrator.
City Administrator Stilwell announced that the Hospitality Improvement District has elected an advisory board and that the additional funds are now being collected by the inns.
1. Monthly Fire and Ambulance Report.
City Administrator Stilwell said the response time expectations continue to be met.
2. Employee Announcement: Sean Conroy, Planning and Building Services Manager.
City Administrator Stilwell announced that Sean Conroy, Planning and Building Services Manager, will leave at the end of October to begin a new job in Utah.
3. Presentation: Monterey Peninsula Water Management District on water supply charge.
Rachel Martinez, Community Relations Liaison from the District, gave the presentation. She added that the District is looking for nominations for the citizen’s oversight committee.
Mayor Burnett provided an update on progress made on developing a public participation process related to governance and finance aspects of the water supply project.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:12 p.m.
Mark Weller, Projects Coordinator for Unite HERE Local 483, spoke about support for the former La Playa Hotel workers and related union actions.
Richard Kreitman spoke about a new restaurant association in the City.
Mayor Burnett closed the meeting to public comments at 5:15 p.m.
The Mayor announced that Item VIII-I under Orders of Council would be continued.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of August 7, 2012. (continued)
B. Ratify the minutes for the regular meeting of September 11, 2012.
C. Ratify the bills paid for the month of September 2012.
D. Consideration of a Resolution recognizing $35,632.45 of Resource Bond Grant Funds for construction of some elements of Phase II of the Sunset Center Landscaping Project.
E. Consideration of a Resolution appointing Sherman Low as City Engineer and approving an agreement with Neill Engineers Corporation for engineering consulting services through June 2017.
F. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Buff LaGrange for an historic property located at 2552 Santa Lucia Avenue.
G. Consideration of a Resolution authorizing the City Administrator to sign a letter of agreement to engage in a competitive Waste and Recycling Franchise Agreement procurement process with the Monterey Regional Waste Management District (MRWMD).
H. Consideration of a Resolution to amend the interim ambulance administration services agreement between the cities of Carmel by-the-Sea and Monterey to allow backfill of paramedic vacancies.
I. Consideration of a Resolution authorizing the City Administrator to apply for a Land and Water Conservation Fund grant for the purpose of completing the Scenic and Santa Lucia Restroom Replacement Project.
J. Consideration of a Resolution extending the agreement with STC Five LLC (Crown Castle USA) to lease a cell phone tower at the Carmel Youth Center.
K. Receive agenda forecast.
William Merry, General Manager of the Monterey Regional Waste Management District (MRWMD), spoke about Item G and answered Council questions.
Mayor Burnett opened and closed the meeting to public comment at 5:30 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item G, contingent on all the other six cities agreeing to participate in the process by the end of October, and that the City’s checklist details are factored into the process, seconded by Council Member HILLYARD and carried unanimously.
Charlotte Townsend asked to pull Item F.
Council Member HILLYARD moved to approve Consent Agenda Items A-E and H-K, seconded by Council Member BEACH and carried unanimously.
Charlotte Townsend spoke about the house under consideration for the Mills Act contract.
Sean Conroy, Planning and Building Services Manager, addressed information about the historicity of this property.
Mayor Burnett opened the meeting to public comment at 5:45 p.m.
David Stocker, of Stocker & Allaire, representing property owner Buff La Grange, spoke to the issue.
Mayor Burnett closed the meeting to public comment at 5:46 p.m.
Mayor Burnett asked that Sean Conroy, Charlotte Townsend, and David Stocker meet briefly to discuss this item so that action could be taken later in this meeting on this item.
VIII. ORDERS OF COUNCIL
A. Second 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.
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.
Mayor Burnett opened and closed the meeting to public comment at 5:47 p.m.
Council Member TALMAGE moved to adopt the second 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 THEIS 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
Council Members Beach and Hillyard returned to the Council Chambers.
B. Update and direction on 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.
City Administrator Stilwell presented the update.
Charles “Chick” Adams, bond counsel from Jones Hall, provided an outline of the timeline.
Craig Hill, principal of NHA Advisors, gave a presentation and answered questions about the proposals from the five underwriting firms that responded to the Request for Qualifications process.
Vice Mayor Talmage opened and closed the meeting to public comment at 6:30 p.m.
Council Member HILLYARD moved to select Raymond James Morgan Keegan as the underwriting firm, seconded by Council Member BEACH and carried by the following vote:
AYES: COUNCIL MEMBERS: BEACH; HILLYARD; THEIS & TALMAGE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: BURNETT
City Administrator Stilwell said Council will have formal contract agreement documents to review in November.
Mayor Burnett returned to the Council Chambers.
After being pulled earlier in the meeting, following discussion, and having reached agreement on this issue, Consent Agenda Item VII-F was returned out of order for consideration:
F. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Buff LaGrange for an historic property located at 2552 Santa Lucia Avenue.
Mayor Burnett opened and closed the meeting to public comment at 6:38 p.m.
Council Member HILLYARD moved to approve Consent Agenda Item F, seconded by Council Member THEIS and carried unanimously.
Return to Orders of Council:
C. Receive Sunset Cultural Center’s FY 2011/12 report.
Sally Reed, Treasurer of the Sunset Center, Inc. Board, and Christine Sandin, Sunset Center Executive Director, presented the report and answered questions from Council.
Mayor Burnett opened and closed the meeting to public comment at 6:58 p.m.
D. Receive report from the ad hoc Downtown Event Committee and provide direction.
City Administrator Stilwell introduced Council Member Beach, who presented the report.
The recommendation of the ad hoc Committee is to conduct a one-year trial of having a “streamline event window” event on a Thursday once a month at Devendorf Park and a weekly culinary event, also on a Thursday.
Mayor Burnett opened the meeting to public comment at 7:15 p.m.
Mary Anne Lloyd, Richard Kreitman and Rich Pepe spoke to the issue.
Mayor Burnett closed the meeting to public comment at 7:21 p.m.
Council Member HILLYARD moved to accept the report of the ad hoc Committee, to endorse the recommendations, and refer this to the Community Activities and Cultural Commission for further action, seconded by Council Member TALMAGE, and approved unanimously.
E. Consideration of a Resolution designating the Friends of Mission Trail Nature Preserve (FOMTNP) as an official City support group.
City Forester Mike Branson presented the report.
Mayor Burnett opened the meeting to public comment at 7:29 p.m.
Skip Lloyd spoke as a member of the FOMTNP and gave an overview of the group.
Joyce Stevens outlined a resource booklet she developed about Mission Trail Nature Preserve.
Cindy Lloyd, Ron Bishop, Greg D’Ambrosio, Mary Anne Lloyd, Bill Doolittle, Joanne Ratcliffe and Elinor Laiolo spoke to the issue.
Mayor Burnett closed the meeting to public comment at 7:58 p.m.
Council Member HILLYARD moved to approve a Resolution designating the Friends of Mission Trail Nature Preserve (FOMTNP) as an official City support group on the condition they meet the Support Group policy requirements, seconded by Council Member BEACH and carried by the following vote:
AYES: COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Council took a recess at 8:07 p.m. and reconvened at 8:17 p.m.
F. Consideration of a Resolution accepting a gift from the 9/11 Carmel Citizen Group and authorizing the installation of a 9/11 memorial to be placed in Devendorf Park.
Marc Wiener, Associate Planner, presented the report.
Mayor Burnett opened the meeting to public comment at 8:25 p.m.
Carrie Anne spoke about the preference of the Carmel Citizens Group for placing the memorial at a location along the walkway, near the koi pond, in Devendorf Park (Location #3).
Lisa DiMarchi, a volunteer with the 9/11 Carmel Citizen Group, spoke to the issue and introduced Keith Severson, Marketing Services Manager from Graniterock, who addressed the involvement of his company in installing the memorial builder.
John Mandurrago spoke to the issue.
Mayor Burnett closed the meeting to public comment at 8:34 p.m.
Council Member THEIS moved to adopt the Resolution accepting the gift from the 9/11 Carmel Citizen Group and authorize the installation of the 9/11 memorial in Devendorf Park at Location #3.
After further discussion, Council Member THEIS amended her motion to adopt the Resolution accepting the gift from the 9/11 Carmel Citizen Group and authorizing the installation of the 9/11 memorial at a location in the northwest part of Devendorf Park (staff designated as Location #1) in the arc of the shrubbery (Council name: Location #1-B), seconded by Council Member HILLYARD and carried by the following vote:
AYES: COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
G. Ratify appointments for the Community Activities and Cultural Commission, Community Human Services, and alternate to Monterey-Salinas Transit.
Mayor Burnett presented his recommended appointments for the Community Activities and Cultural Commission and the alternate to Monterey-Salinas Transit (MST). (There is no appointment for Community Human Services at this time). Recommended were: Donna Jett for the Community Activities and Cultural
Commission and Council Member Theis as the MST alternate.
Mayor Burnett opened and closed the meeting to public comment at 8:49 p.m.
Council Member HILLYARD moved to ratify the recommended appointments, seconded by Council Member BEACH and carried by the following vote:
AYES: COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE; THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
H. Review of Waste Management Franchise Agreement contract compliance scorecard.
Sharon Friedrichsen, Public Services Manager, presented the report.
Joe Cadelago, Waste Management, Inc. Government and Community Relations Representative, answered questions.
Mayor Burnett opened and closed the meeting to public comment at 9:17 p.m.
Council reviewed the scorecard and discussed priorities for service.
I. Consideration of an Ordinance rescinding Ordinance 2006-04 and establishing a standing Traffic Safety Committee. (First reading)
This item was continued.
J. Future Council agenda items.
Council discussed holding a special meeting on the pension bond issue at a date in November following the election, after the results of Measure D are known.
IX. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 9:42 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR JASON BURNETT
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