AGENDA
Regular Meeting
Tuesday, May 7, 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, May 12, 2013
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: Marc Wiener, Interim Senior Planner
B. Community Recognition: Monterey County Short Documentary award winner, Molly Wolf
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. Community Planning & Building Director recruitment update
3. Presentation of FY 2011-12 Draft Audited Financial Statements
4. Quarterly financial presentation
5. Present proposed 2013/14 budget for the June budget hearings
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 Special Budget meeting on March 19, 2013.
B. Ratify the minutes for the regular meeting of April 2, 2013.
C. Ratify the bills paid for the month of April 2013.
D. Receive Monthly Fire and Ambulance reports.
E. Consideration of a Resolution accepting a donation of $3,000 from the Barnet Segal Charitable Trust for Ocean Avenue landscaping and Devendorf Park improvements.
F. Consideration of a Resolution adopting compensation changes for the City of Carmel-by-the-Sea Ambulance Paramedic/Firefighter employees.
G. Receive FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Inc.
H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.
I. Consideration of a Resolution to enter into a Memorandum of Understanding with Monterey County Free Libraries to offer literacy services at Harrison Memorial Library.
J. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.
VIII. Orders of Council
A. Update on water supply projects and California Public Utilities Commission (CPUC) process.
B. Approval of the annual Hospitality Improvement District (HID) report and annual Council review of the assessment.
C. Receive the Draft Request for Proposals (RFP) for Solid Waste, Recycling and Organics Collection Services and provide comments on the RFP to the Monterey Regional Waste Management District.
D. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments and other live entertainment where alcoholic beverages are sold or served. (Second reading)
E. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second Reading).
IX. Future Council Agenda Items
A. Receive the Council agenda forecast.
X. Reconvene to Closed Session – Continued from May 6, 2013 Session
XI. Announcements in Open Session (if any)
XII. Adjournment
The next meetings of the City Council will be:
Council Workshop: 5:30-6:30 p.m.
Monday, June 3, 2013
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, June 4, 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
May 7, 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 4:32 p.m. Mayor Burnett called the meeting to order.
II. 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, Police Commander
Janet Bombard, Library Director
Sharon Friedrichsen, Director of Public Services
Sue Paul, Administrative Services Director
Marc Wiener, Interim Senior Planner
III. PLEDGE OF ALLEGIANCE
Council Member Beach led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Marc Wiener
City Administrator Stilwell gave the recognition.
B. Community Recognition: Monterey County Short Documentary award winner, Molly Wolf
Mayor Burnett presented the Certificate of Appreciation.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman indicated that there was one announcement from Closed Session: the applicant for the building permit at issue in Simonelli vs. the City of Carmel-by-the-Sea has assumed all responsibility for the litigation and the City would bear no costs.
Mayor Burnett noted that one of the proposals submitted for the lease of the Flanders property was submitted by applicants known to him. He indicated that he had recused himself and left the room during the Closed Session discussion by Council on May 6th.
B. Announcements from City Council members
Council Member Beach noted community meetings being conducted by the Regional Advisory Committee of the Association of Monterey Bay Area Governments (AMBAG).
Council Member Talmage provided additional information on AMBAG and the upcoming meetings.
Mayor Burnett reappointed Council Member Ken Talmage as Vice Mayor.
C. Announcements from City Administrator.
1. Code Compliance update
City Administrator Stilwell gave the update.
2. Community Planning & Building Director recruitment update
The recruitment update was given by City Administrator Stilwell.
3. Presentation of FY 2011-12 Draft Audited Financial Statements
Joe Arch of JJACPA presented the Draft Audited Financial Statements.
4. Quarterly financial presentation
City Administrator Stilwell provided a brief presentation of the 3rd Quarter.
5. Present proposed 2013/14 budget for the June budget hearings
City Administrator Stilwell presented the proposed budget and outlined the upcoming budget process.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at: 5:21 p.m.
Monte Miller spoke about the treatment of LaPlaya employees; Elinor Laiolo spoke about restoration of the North Dunes and the removal of trees; Barbara Brooks spoke about the Cavalier King Charles Spaniel beach event; Dave Spaur, Economic Development Director for the County of Monterey; Jean Stein spoke about distracted driving.
Mayor Burnett closed the meeting to public comment at 5:38 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the Special Budget meeting on March 19, 2013.
B. Ratify the minutes for the regular meeting of April 2, 2013.
C. Ratify the bills paid for the month of April 2013.
D. Receive Monthly Fire and Ambulance reports.
E. Consideration of a Resolution accepting a donation of $3,000 from the Barnet Segal Charitable Trust for Ocean Avenue landscaping and Devendorf Park improvements.
F. Consideration of a Resolution adopting compensation changes for the City of Carmel-by-the-Sea Ambulance Paramedic/Firefighter employees.
G. Receive FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Inc.
H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.
I. Consideration of a Resolution to enter into a Memorandum of Understanding with Monterey County Free Libraries to offer literacy services at Harrison Memorial Library.
J. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.
Council Member Theis pulled Item H. and Council Member Beach pulled item J. for further discussion.
Mayor Burnett opened and closed the meeting to public comment at 5:42 p.m.
Members of the public indicated from their seats interest in discussing Item J.
Council Member TALMAGE moved to approve Consent Agenda Items A-G and I, seconded by Council Member BEACH and carried unanimously.
Item VII.H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.
Clarification of issues surrounding Item H. was provided by Council Members Theis and Talmage to the public.
Mayor Burnett opened to the meeting to public comment at 5:53 p.m. for discussion of Item H.
Tom Wilson addressed the Council regarding delivery trucks.
The meeting was closed to public comment at 5:56 p.m.
Council Member HILLYARD moved to approve Consent Agenda Item H. with the modification of the contract to reflect the Council discussion, seconded by Council Member BEACH and carried unanimously.
Item VII.J. Consideration of a Resolution amending City Council Policy C95-07 regarding the display of banners on public property for community events.
Mayor Burnett opened the meeting to the public at 6:12 p.m.
Barbara Livingston and Sue McCloud addressed Council.
The meeting was closed to public comment at 6:16 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item J. with an amendment under “Application Procedure”, that Planning staff will track the usage of the banner poles and that the Planning Commission will review the policy for the use of banners on private property, seconded by Council Member THEIS
An amendment to the motion was made to add the following: and one amendment under “Installation, Monitoring and Removal” to read “it is the policy of the city to only install city banners/flags for specific events (for example memorial Day, Fourth of July)
The motion incorporating all of the amendments passed unanimously.
VIII. ORDERS OF COUNCIL
A. Update on water supply projects and California Public Utilities Commission (CPUC) process.
Mayor Burnett presented the update and opened the meeting to public comment at 6:40 p.m.
Monte Miller addressed Council.
The meeting was closed to public comment by Mayor Burnett at 6:41 p.m.
B. Approval of the annual Hospitality Improvement District (HID) report and annual Council review of the assessment.
Based on Council Member THEIS’ association with the Innkeeper’s Association, she recused herself and left the Council Chambers.
City Attorney, Don Freeman, outlined the process for the assessment review.
Monta Potter, CEO of the Carmel Chamber of Commerce, presented the annual HID report.
Mayor Burnett opened the meeting to public comment at 6:56 p.m.
Dave Spaur, Economic Development Director for the County of Monterey addressed Council.
The meeting was closed to public comment by Mayor Burnett at 6:57 p.m.
Council Member HILLYARD moved to receive the annual HID report, certify that no protest letters were received and approve the continuation of the assessment at the current rate, seconded by TALMAGE and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH, HILLYARD,TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: THEIS
C. Receive the Draft Request for Proposals (RFP) for Solid Waste, Recycling and Organics Collection Services and provide comments on the RFP to the Monterey Regional Waste Management District.
Sharon Friedrichsen, Director of Public Services, Sue McCloud and Jeff Lindenthal of the Waste Management District presented the report. Joe Cadelago of Waste Management, Inc. answered Council questions.
Mayor Burnett opened the meeting to public comment at 7:50 p.m.
Monte Miller addressed Council.
The meeting was closed to public comment by Mayor Burnett at 7:52 p.m.
Item VII.F. This item was reheard to incorporate a last minute amendment, changing the effective date to March 16, 2013.
Mayor Burnett opened and closed the meeting to public comment at 8:14 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item VII.F., with the amendment to change the effective date of March 16, 2013, seconded by Council Member BEACH and carried unanimously.
D. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments and other live entertainment where alcoholic beverages are sold or served. (Second reading)
Staff proposed and Council agreed to strike “and other live entertainment” from the title of the Ordinance.
Mayor Burnett opened and closed the meeting to public comment at 8:17 p.m.
Barbara Livingston and Roberta Miller addressed Council.
Mayor Burnett opened and closed the meeting to public comment at 8:25 p.m.
Council Member HILLYARD moved to adopt the Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments where alcoholic beverages are sold or served, seconded by THEIS
Mayor BURNETT moved to adopt the Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments where alcoholic beverages are sold or served with the amendment that permits expire after ten years, seconded by TALMAGE and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH, HILLYARD,TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
E. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second Reading).
Mayor Burnett opened and closed the meeting to public comment at 8:49 p.m.
Council Member TALMAGE moved to adopt the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second Reading), seconded by HILLYARD and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: THEIS
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
IX. FUTURE COUNCIL AGENDA ITEMS
Receive the Council agenda forecast.
Mayor Burnett opened and closed the meeting to public comment at 8:51 p.m.
X. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 8:52 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT
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