AGENDA
Regular Meeting
Tuesday, February 5, 2013
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, February 10, 2013
8:00 a.m., MCAET Channel 26
Hearing assistance units are available to the public for meetings
held in the Council Chambers
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 givetheir 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.
II. Roll Call
III. Pledge of Allegiance
IV. Extraordinary Business
A. Employee Recognition: Esther Partido, Police Services Officer
B. Community Recognition: Friends of Carmel Forest
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. Code compliance update.
2. Receive report from the City’s representative to the Monterey Regional Waste Management District Sue McCloud.
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 January 8, 2013.
B. Ratify the bills paid for the month of January 2013.
C. Receive Monthly Fire and Ambulance reports.
D. Receive the Council agenda forecast.
E. Consideration of a Resolution approving an additional allocation of $16,015 for professional services and project studies related to the Monterey Peninsula Regional Water Authority.
F. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with Carver & Schicketanz Architects to prepare drawings for the Beach Restrooms project and direct staff to seek alternative funding sources for the construction documents and construction of the facility.
G. Review and adopt the Community Planning and Building Director job description and salary range.
VIII. Orders of Council
A. Update on the Water Replacement Project. (Oral report)
B. Consideration of a Resolution updating financial policies and set a maximum level for each of the reserve funds.
C. Receive City Second Quarter FY 2012-13 financial report and consider and adopt budget adjustment revisions
D. Consideration of an appeal of the Planning Commission’s decision to approve Design Study (concept and final) and Coastal Development Permit applications for the construction of a new residence located on Lincoln Street 2 NW of Fifth Avenue. The property owner is Dennis Levett. The appellant is Jacqueline Simonelli.
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, March 4, 2013
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, March 5, 2013
Council Chambers
Special Council Budget Workshop – 4:30 p.m.
Tuesday, March 19, 2013
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
February 5, 2013
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 4:33 p.m. Mayor Burnett called the meeting to order.
II. ROLL CALL
PRESENT: Council Members Talmage, Theis & Mayor Burnett
(Council Member Beach arrived at 4:37 p.m. and Council Member Hillyard arrived at 4:54 p.m.)
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Assistant City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Marc Wiener, Associate Planner
III. PLEDGE OF ALLEGIANCE
Mayor Burnett led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Esther Partido, Police Services Officer.
City Administrator Stilwell and Public Safety Director Calhoun gave the recognition.
B. Community Recognition: Friends of Carmel Forest
Mayor Burnett presented a certificate recognizing the Friends of Carmel Forest.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that the Council met in Closed Session on February 4, 2013 on two items. There were no announcements for the public.
B. Announcements from City Council members
Council Member Beach noted that funding shortfalls at Monterey-Salinas Transit could necessitate route reductions and that the Regional Taxi Authority will invoice the City certain start-up costs.
Mayor Burnett noted widespread flu activity in the County and encouraged the community to get flu shots and take appropriate precautions; provided an update on American Medical Response’s proposed contract extension with Monterey County; read a letter from a constituent complimenting the Planning and Building staff; and read a commendation to the City for being among the leaders in installing an electric vehicle charging station.
C. Announcements from City Administrator.
1. Code compliance update.
City Administrator Stilwell provided the update.
2. Receive report from the City’s representative to the Monterey Regional Waste Management District Sue McCloud.
Sue McCloud presented the report.
Mayor Burnett noted the appointment of Council Member Hillyard to the County Emergency Communications Policy Advisory Council. The Mayor also said he is serving on an ad hoc committee to seek nominations for persons interested in the open seat on the Monterey Bay Unified Air Pollution Control District board.
Jason Stilwell noted the implementation of the City’s single-use plastic bag ban.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:10 p.m.
Alan Richmond, Executive Director of Dance Kids Monterey County, submitted a proposal for the use of the Scout House.
Barbara Livingston requested that advertising for the Flanders Mansion be placed in Preservation Magazine and invited the community to the Carmel Residents Association event on February 24, honoring Roberta and Monte Miller as Citizens of the Year.
Jim Griffith of the 9/11 Memorial Committee submitted a request regarding the placement of the Memorial in Devendorf Park.
CarrieAnne also addressed Council regarding the placement of the Memorial.
Hector Azpilcueta, a union representative of Unite HERE Local 483, spoke about the rehiring of LaPlaya Hotel workers.
Carolyn Hardy spoke about legal correspondence regarding her comments about an event hosted by a local restaurateur.
Stacy Meheen, speaking for the Carmel Chamber of Commerce, noted a Valentine’s Day event, the shuttles running from Carmel Plaza to the AT&T Golf tournament, and some upcoming international trips sponsored by the Chamber.
Mayor Burnett closed the meeting to public comments at 5:30 p.m.
City Administrator Stilwell and City Attorney Freeman addressed the issues of the Scout House use proposal and the civil matter.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of January 8, 2013.
B. Ratify the bills paid for the month of January 2013.
C. Receive Monthly Fire and Ambulance reports.
D. Receive Council agenda forecast.
E. Consideration of a Resolution approving an additional allocation of $16,015 for professional services and project studies related to the Monterey Peninsula Regional Water Authority.
F. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with Carver & Schicketanz Architects to prepare drawings for the Beach Restrooms project and direct staff to seek alternative funding sources for the construction documents and construction of the facility.
G. Review and adopt the Community Planning and Building Director job description and salary range.
Mayor Burnett asked to pull Item G.
Council Member Talmage asked to pull Item F.
Mayor Burnett opened and closed the meeting to public comment at 5:35 p.m.
Council Member TALMAGE moved to approve Consent Agenda Items A-E, seconded by Council Member HILLYARD and carried unanimously.
F. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with Carver & Schicketanz Architects to prepare drawings for the Beach Restrooms project and direct staff to seek alternative funding sources for the construction documents and construction of the facility.
Mayor Burnett opened the meeting to public comment at 5:39 p.m.
Barbara Livingston and Cindy Lloyd addressed Council.
Mayor Burnett opened and closed the meeting to public comment at 5:41 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item F, as amended, to draw funds from Measure D (rather than Capital Reserves), seconded by Council Member THEIS and carried unanimously.
G. Review and adopt the Community Planning and Building Director job description and salary range.
Mayor Burnett opened the meeting to public comment at 5:54 p.m.
Barbara Livingston addressed Council.
Mayor Burnett closed the meeting to public comment at 5:56 p.m.
Amendments were made by staff to be brought back later in the meeting.
VIII. ORDERS OF COUNCIL
A. Update on the Water Replacement Project.
Mayor Burnett presented the status report.
Mayor Burnett opened the meeting to public comment at 6:44 p.m.
Jim Emery addressed Council.
Mayor Burnett closed the meeting to public comment at 6:46 p.m.
Council took a break at 6:47 p.m. and reconvened at 6:57 p.m. and continued with discussion of Consent Item VII-G.
VII. CONSENT CALENDAR
G. Review and adopt the Community Planning and Building Director job description and
salary range.
Mayor Burnett opened the meeting to public comment at 7:02 p.m.
Monte Miller addressed Council.
Mayor Burnett closed the meeting to public comment at 7:03 p.m.
Council Member TALMAGE moved to approve the job description, as amended, and to establish the salary range as specified in the staff report, seconded by Council Member BEACH and carried unanimously.
B. Consideration of a Resolution updating financial policies and set a maximum level for each of the reserve funds.
City Administrator Stilwell presented the report.
Mayor Burnett opened and closed the meeting to public comment at 7:39 p.m.
Council Member THEIS moved to approve the Capital Policy, as amended, 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
Council Member TALMAGE moved to approve the Operating Management Policy, 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
Council Member HILLYARD moved to approve the Reserve Policy, as amended, seconded by Council Member TALMAGE.
After Council discussion and several suggested amendments, this motion was subsequently withdrawn. Staff will bring back a revised Reserve Policy for consideration.
Council Member TALMAGE moved to approve the Debt Policy, as amended, 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
Mayor Burnett requested that the Investment Policy be reviewed by an outside auditor and financial adviser and be brought back to Council.
C. Receive City Second Quarter FY 2012-13 financial report and consider and adopt budget adjustment revisions.
City Administrator Stilwell presented the staff report.
Mayor Burnett opened and closed the meeting to public comment at 8:47 p.m.
Council Member TALMAGE moved to receive the report, seconded by Council Member BEACH, and carried by the following vote:
AYES: COUNCIL MEMBERS: BEACH; HIILYARD; TALMAGE; THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
D. Consideration of an appeal of the Planning Commission’s decision to approve Design Study (concept and final) and Coastal Development Permit applications for the construction of a new residence located on Lincoln Street 2 NW of Fifth Avenue. The property owner is Dennis Levett. The appellant is Jacqueline Simonelli.
Mayor Burnett, Council Member Talmage, and Council Member Theis each had conflicts as they live or work within a 500-foot radius of the appeal site. In order to have a quorum to hear the appeal, a random drawing was held on Monday, February 4, immediately prior to the Tour of Inspection, to determine which one of them would be included in the consideration of the appeal.
Council Member Theis was selected.
Mayor Burnett and Council Member Talmage recused themselves and left the Council Chambers.
Council Member Hillyard presided over this item.
Associate Planner Marc Wiener presented the staff report.
The appellant, Jacqueline Simonelli, and her son, Antonio, acting as her attorney, addressed Council.
Chris Tescher, developer of the home being appealed, addressed Council.
Council Member Hillyard opened and closed the meeting to public comment at 9:24 p.m.
Antonio Simonelli provided follow-up comments.
Council Member Hillyard opened the meeting to public comment at 9:37 p.m.
Antonio Simonelli addressed the property screen.
Council Member Hillyard opened the meeting to public comment at 9:39 p.m.
Council Member THEIS moved to deny the appeal and uphold the decision of the Planning Commission with Special Conditions 1-4, seconded by Council Member BEACH and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HILLYARD & THEIS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: TALMAGE & BURNETT
Findings will be brought back to the March 5, 2013 Council meeting.
Upon conclusion of this item, Mayor Burnett and Council Member Talmage re-entered the
Council Chambers.
IX. FUTURE COUNCIL AGENDA ITEMS
Items considered for future agendas included: the findings from the Simonelli appeal (on March 5), the 9/11 Memorial and performance measures.
Mayor Burnett opened and closed the meeting to public comment at 9:50 p.m.
X. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 9:50 p.m.
Respectfully submitted,
_____________________________
Heidi Burch, City Clerk
ATTEST:
_____________________________
MAYOR JASON BURNETT
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