AGENDA
Regular Meeting
Tuesday, December 4, 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, December 9, 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: Jeff Olinger, 2012 Customer Service Award recipient.
B. Community Recognition: Carmel Foundation
C. Presentation of a $2,000 donation from the Pacific Grove Concours Auto Rally for the Carmel Police DARE Program.
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. Code compliance process.
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 Council Retreat of October 29, 2012.
B. Ratify the minutes for the Open Session portion of the November 5, 2012 meeting.
C. Ratify the minutes for the regular meeting of November 6, 2012.
D. Ratify the minutes for the special meeting of November 15, 2012.
E. Ratify the bills paid for the month of November 2012.
F. Consideration of a Resolution accepting a $2,000 donation from the Pacific Grove Concours Auto Rally for deposit into the Carmel Police DARE Program Account.
G. Consideration of a Resolution approving the Regular Meeting Schedule of the Council for 2013.
H. Consideration of a Resolution amending the Community Planning and Building fee schedule pertaining to permit fees for solar energy systems.
I. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and the Carmel Public Library Foundation of the Annual Donor Salute and Sterling Circle Reception events.
J. Receive Council agenda forecast.
VIII. Orders of Council
A. Receive an update on the status of Measure D; provide direction to staff; and authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax.
B. Review 2012 City Goals and key projects and discuss and review 2013 City Goals.
C. Receive an update on the environmental review process; consider the process for potential lease of Flanders Mansion; provide direction to staff to initiate a process to retain the services of a real estate professional; authorize the City Administrator to enter into an agreement with a real estate professional and direct staff to return with options.
D. Review Community Planning and Building Director job description and provide direction.
E. Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement with the Monterey Regional Water Pollution Control Agency (MRWPCA) to manage the City’s ASBS Special Protections Water Quality Monitoring Program and authorizing a budget adjustment to cover the costs of the program.
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, January 7, 2013
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, January 8, 2013 (2nd Tuesday because of the January 1st 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
December 4, 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 4:34 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, Assistant City Administrator/City Clerk
Paul Tomasi, Sergeant at Arms
Marc Wiener, Associate Planner
Sharon Friedrichsen, Public Services Manager
III. PLEDGE OF ALLEGIANCE
Jeff Olinger, Police Dispatch, led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Jeff Olinger, 2012 Customer Service Award recipient.
City Administrator Stilwell gave the recognition.
B. Community Recognition: Carmel Foundation
Mayor Burnett presented a certificate recognizing the Carmel Foundation.
C. Presentation of a $2,000 donation from the Pacific Grove Concours Auto Rally for the Carmel Police DARE Program.
Jeanne Byrne presented a $2,000 check from the Pacific Grove Concours Auto Rally in support of the City’s DARE Program. She was joined by Steve Covell, president of the Pacific Grove Rotary.
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 December 3, 2012 on two items. There was no reportable action taken.
B. Announcements from City Council members (Council members may ask a question for clarification, make an announcement or report on his or her activities).
The Mayor and Council Members individually congratulated City Administrator Stilwell on the completion of a successful first year.
Mayor Burnett noted that he will represent the Monterey Peninsula Regional Water Authority at the upcoming California Public Utilities Commission public workshop in San Francisco. He also said that Monterey County and California-American Water (Cal-Am) reached a settlement agreement regarding the previous water project. Finally, he provided a brief recap of the Monday night public workshop on cleanliness in the downtown commercial area.
C. Announcements from City Administrator.
1. Monthly Fire and Ambulance reports.
City Administrator Stilwell presented the report.
2. Code compliance process.
City Administrator Stilwell outlined the code compliance process.
City Administrator Stilwell also noted that Waste Management, Inc. will be contacting residents about the backyard service on an ongoing basis and its increased recycling efforts during the holidays. Finally, he noted that the Pension Obligation Bonds were sold last week for a gross savings of $4.2 million.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:16 p.m.
Mary Liskin addressed Council regarding the beach and the role of private citizens.
Mayor Burnett temporarily left the meeting at 5:18 p.m.
Julie Armstrong, of the Carmel Chamber of Commerce, noted several upcoming Chamber activities in the month of December.
Barbara Livingston addressed Council regarding code compliance efforts.
Christine Sandin, Executive Director of the Sunset Center, noted its annual Holiday Open House from 3:00-5:00 p.m. on December 7th and a special wreath exhibit.
Charlie Cordova, manager of Community Relations for Green Waste Recovery, extended an invitation to an open house at its new Watsonville facility on Friday, December 7th.
Mayor Burnett returned to the meeting at 5:25 p.m.
Mayor Burnett closed the meeting to public comments at 5:25 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the Council Retreat of October 29, 2012.
B. Ratify the minutes for the Open Session portion of the November 5, 2012 meeting.
C. Ratify the minutes for the regular meeting of November 6, 2012.
D. Ratify the minutes for the special meeting of November 15, 2012.
E. Ratify the bills paid for the month of November 2012.
F. Consideration of a Resolution accepting a $2,000 donation from the Pacific Grove Concours Auto Rally for deposit into the Carmel Police DARE Program Account.
G. Consideration of a Resolution approving the Regular Meeting Schedule of the Council for 2013.
H. Consideration of a Resolution amending the Community Planning and Building fee schedule pertaining to permit fees for solar energy systems.
I. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and the Carmel Public Library Foundation of the Annual Donor Salute and Sterling Circle Reception events.
J. Receive Council agenda forecast.
Council Member Talmage pulled Item D for clarification.
Mayor Burnett opened and closed the meeting to public comment at 5:27 p.m.
Council Member HILLYARD moved to approve Consent Agenda Items A-C and E-J, seconded by Council Member BEACH and carried unanimously.
Council Member Talmage requested that the motion in the Minutes of the Special Meeting of November 15 be amended to reflect the phrase “as edited”.
Mayor Burnett opened and closed the meeting to public comment at 5:29 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item D, as amended, seconded by Council Member BEACH and carried 4-0, with Mayor Burnett abstaining as he did not participate in the meeting of November 15 due to a previously disclosed conflict of interest.
VIII. ORDERS OF COUNCIL
A. Receive an update on the status of Measure D; provide direction to staff; and authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax. City Administrator Stilwell presented the staff report.
Mayor Burnett opened and closed the meeting to public comment at 5:45 p.m.
Council Member HILLYARD moved to adopt the Resolution to authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax, 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 Member TALMAGE moved to approve the funding for Item 3A of the staff report (repair/replace 200’ block with new sidewalk or with cobblestone curb and gutter) and have the City Administrator bring back this discussion at the February Council meeting when updated figures will be available, seconded by Council Member THEIS 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
B. Review 2012 City Goals and key projects and discuss and review 2013 City Goals.
City Administrator Stilwell presented the report.
Mayor Burnett opened the meeting to public comment at 6:22 p.m.
Monte Miller addressed Council regarding shared fire services.
Mayor Burnett closed the meeting to public comment at 6:23 p.m.
Mayor Burnett then re-opened the meeting to public comment at 6:41 p.m.
Barbara Livingston recommended inclusion of a Forest Management Plan with the Shoreline Management Plan and use parking plans already developed. The Carmel Residents Association will provide a written presentation to the Council regarding the City’s budget.
Monta Potter, CEO of the Carmel Chamber of Commerce, noted the results of a survey identifying the most important issues, which included: encouraging events to draw people into town; more destination marketing; changing local policies and ordinances related to businesses; attracting new businesses; parking improvements; providing co-op advertising opportunities; and improving the look of the City (examples: lighting, trash cans, bathrooms). She also addressed a Chamber planning retreat that indicated that parking is a most important concern, notably better signage for parking areas and right-of-way code compliance.
Mayor Burnett closed the meeting to public comment at 6:47 p.m.
Council took a break at 7:27 p.m. and reconvened at 7:42 p.m.
Mayor Burnett re-opened the meeting to public comment at 7:56 p.m.
Jonathan Sapp addressed Council on a review of the organizational structure.
Mayor Burnett closed the meeting to public comment at 7:57 p.m.
Council offered suggestions, but took no action on this item; staff will continue to evaluate and refine the list. A deadline of 12:00 noon on Monday, December 17, was set for the public to submit ideas to the City Administrator.
C. Receive an update on the environmental review process; consider the process for potential lease of Flanders Mansion; provide direction to staff to initiate a process to retain the services of a real estate professional; authorize the City Administrator to enter into an agreement with a real estate professional and direct staff to return with options.
City Attorney Don Freeman presented the staff report and provided guidance on the parameters of what the Council would be considering at this meeting: reviewing the snapshot of the time line for the consideration of the Final Environmental Impact Report and authorizing the City Administrator to initiate an RFP process to retain a real estate professional to assist with a potential lease option (should a lease option be identified in the EIR and the City Council, after certifying the EIR and listening to public comment, wishes to consider a lease option.)
Mayor Burnett opened the meeting to public comment at 8:02 p.m.
Addressing Council on this issue were: Melanie Billig, President of the Flanders Foundation; Joyce Stevens; Skip Lloyd; Dick Stiles; Jim Wright; Monte Miller, Robert Knight; Barbara Stiles; Ron Allen; Mike Brown; Cindy Lloyd; and Charlotte Townsend.
Mayor Burnett closed the meeting to public comment at 8:31 p.m.
Council Member TALMAGE moved to accept the timeline as proposed in the staff report, 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
Mayor BURNETT moved to authorize the City Administrator to pursue assisting the City Council for future deliberations in two ways: First, Council needs financial expertise to compare lease vs. sale vs. other disposition or within one form of disposition (lease 1 vs. lease 2); and Second, Council needs a real estate professional with experience with leases especially of historic properties who can help advise us on options. This would be paid by consulting contract. The same individual may be hired in the future to take the property out to market for a lease should the Council decide that is the best course of action after certifying the EIR. That second phase may be paid by consulting contract or by commission; and to authorize the City Administrator to pursue whatever process he sees fit to ensure the Council has the information needed to make an informed decision at the appropriate time in the future, 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
D. Review Community Planning and Building Director job description and provide direction.
City Administrator Stilwell presented the report.
Mayor Burnett opened the meeting to public comment at 9:20 p.m.
Barbara Livingston addressed Council.
Mayor Burnett closed the meeting to public comment at 9:23 p.m.
Council Member Hillyard moved to approve the job description, but this died for lack of a second.
After discussion, Council provided general direction and continued this item to a future meeting.
E. Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement with the Monterey Regional Water Pollution Control Agency (MRWPCA) to manage the City’s ASBS Special Protections Water Quality Monitoring Program and authorizing a budget adjustment to cover the costs of the program.
Public Services Manager Sharon Friedrichsen presented the staff report. Bob Jacques answered Council questions.
Mayor Burnett opened and closed the meeting to public comment at 9:59 p.m.
Council Member TALMAGE moved to authorize the City Administrator to enter into a Memorandum of Agreement with the Monterey Regional Water Pollution Control Agency (MRWPCA) to manage the City’s ASBS Special Protections Water Quality Monitoring Program and to authorize a budget adjustment to cover the costs of the program, 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
F. Future Council agenda items.
IX. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 10:00 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT
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