AGENDA
Regular Meeting
Tuesday, July 2, 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, July 7, 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: Fire Chief Andrew Miller
B. Community Recognition: Carmel Public Library Foundation
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. Community Planning & Building Director recruitment update
2. Traffic Safety Committee
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 June 4, 2013.
B. Ratify the minutes of the special budget meeting June 11, 2013.
C. Ratify the bills paid for the period of May 16th- June 15th, 2013.
D. Receive Monthly Fire and Ambulance reports.
E. Monthly Code Compliance update.
F. Consideration of a Resolution approving one “free use” day at Sunset Center for the Carmel Music Society 38th Young Musicians’ Competition in May, 2014.
G. Consideration of a Resolution declaring a 2008 Kawasaki all terrain vehicle as surplus and authorizing its sale or trade-in and authorizing the purchase of a 2013 Polaris Sportsman 850 EPS all terrain vehicle.
H. Consideration of a Resolution approving the submittal of an application to CalRecycle for the Beverage Container Recycling Program.
I. Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement to form the Monterey Regional Storm Water Management Program (MRSWMP).
J. Consideration of a Resolution designating Mayor Jason Burnett as the voting delegate and City Council Member Carrie Theis as the voting delegate alternate at the 2013 League of California Cities Conference.
K. Authorize approval of Auto/Mutual Aid agreement with American Medical Response (AMR).
L. Consideration of a Resolution entering into a two-year agreement with SCC Inc. for the operation of the Sunset Cultural Center.
M. Authorize the Mayor to send a letter to the Governor in support of the State maintaining the requirements of the Public Records Act.
VIII. Orders of Council
A. Consideration of an encroachment permit application for the installation of stairs in the public right-of-way on Eighth Avenue two northeast of Junipero Street. The applicant is Kristin Minnich.
B. Consideration of an Ordinance amending Municipal Code Sections 17.42 and 17.43 to revise requirements pertaining to the prevention of storm water pollution. (First Reading)
C. Consideration of an Ordinance amending Municipal Code Sections 12.28.180, 12.28.350 and 17.48.080 to revise the tree removal permit requirements (First Reading).
D. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of music instruments where alcoholic beverages are sold or served. (Second Reading).
IX. Future Council Agenda Items
A. Receive the Council agenda forecast.
X. Adjournment
The next open meetings of the City Council will be:
Council Workshop: 5:30-6:30 p.m.
Monday, August 5, 2013
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, August 6, 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
July 2, 2013
I. CALL TO ORDER
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 4:37p.m. Mayor Burnett called the meeting to order.
II. PRESENT: Council Members Talmage, Theis & Mayor Burnett
ABSENT: Council Members Beach & Hillyard
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Assistant City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Sharon Friedrichsen, Director of Public Services
Marc Wiener, Interim Senior Planner
III. PLEDGE OF ALLEGIANCE
City Administrator Stilwell led the Council and audience in the Pledge of Allegiance.
Mayor Burnett called for a moment of silence for the 19 firefighters who died in the line of duty in Arizona. He also noted that the City Council meeting would be adjourned in honor ofBob Kohn who passed away April 23, 2013.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Fire Chief Andrew Miller
City Administrator Stilwell gave the recognition.
B. Community Recognition: Carmel Public Library Foundation
Mayor Burnett presented the Certificate of Community.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman indicated that the City Council had met in closed session and that there was one item that was Public Employee performance evaluation City Administrator and that there are no announcements for the public.
B. Announcements from City Council members
Council Member Talmage noted an upcoming AMBAG meeting dealing with regional transportation issues on July l5th at 6:00 p.m. at the youth center in downtown Monterey. The website AMBAG.org will have more details.
Council Member Talmage briefly mentioned that the Monterey Bay Unified Air Pollution Control Board had done a salary survey study and a revision of its job descriptions and that he found the study well done and suggested that this is something Carmel will be doing in the near future. He mentioned that he had passed the information on to City Administrator Stilwell.
Mayor Burnett provided a brief recap of Monday night's water workshop, which covered three general topics: 1) Aquifer storage and recovery; 2) groundwater replenishment or water recycling project and; 3) possibility of procuring water rights from the Odell Ranch.
C. Announcements from City Administrator.
1. Community Planning & Building Director recruitment update
City Administrator Stilwell noted that the City will be making an offer to a candidate in July with a start date in August.
2. Traffic Safety Committee
City Administrator Stilwell noted that a committee will be formed to analyze traffic safety issues and provide needed advice to the City. Interested members of the public may contact Chief Calhoun to be notified of upcoming meetings.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at: 5:02 p.m.
Karen Ferlito addressed City Council regarding recycling cans.
Monta Potter, representing the Chamber of Commerce, addressed the City Council regarding shuttles during Car Week from the Carmel Mission to the Sunset Center and stated she was making the announcement to ascertain if there was enough interest in the community in order to provide such service.
Mayor Burnett seeing no additional speakers, closed the meeting to public comment at 5:07p.m.
VII. CONSENT CALENDAR
A. Ratified the minutes for the regular meeting of June 4, 2013.
B. Ratified the minutes of the special budget meeting June 11, 2013.
C. Ratified the bills paid for the period of May 16th- June 15th, 2013.
D. Received Monthly Fire and Ambulance reports.
E. Received Monthly Code Compliance update.
F. Considered a Resolution approving one "free use" day at Sunset Center for the Carmel Music Society 38111 Young Musicians' Competition in May, 2014.
G. Considered a Resolution declaring a 2008 Kawasaki all terrain vehicle as surplus and authorizing its sale or trade-in and authorizing the purchase of a 2013 Polaris Sportsman 850 EPS all terrain vehicle.
H. Considered a Resolution approving the submittal of an application to CalRecycle for the Beverage Container Recycling Program.
I. Considered a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement to form the Monterey Regional Storm Water Management Program (MRSWMP).
J. Considered a Resolution designating Mayor Jason Burnett as the voting delegate and City Council Member Carrie Theis as the voting delegate alternate at the 2013 League of California Cities Conference.
K. Authorize approval of Auto/Mutual Aid agreement with American Medical Response (AMR). (Item continued to a future meeting)
L. Considered a Resolution entering into an agreement with SCC Inc. for the operation of the Sunset Cultural Center.
M. Authorized the Mayor to send a letter to the Governor in support of the State maintaining the requirements of the Public Records Act.
City Administrator Stilwell noted that Item K will be continued to August or a future Council meeting.
Mayor Burnett noted that for the record on the June 11, 2013 minutes, the fact that we did open to public comment at 5: 15 p.m. and closed to public comment before taking note of the final action; and that there are updated minutes which reflect that.
Council Member Talmage indicated that on item A minutes of June 4, 2013 on bottom of page 8 under section E, the minutes should be corrected to change the wording Mayor to Council Member for Mr. Hillyard.
Council Member Talmage indicated he wished to pull item I.
Council Member TALMAGE moved to approve Consent Agenda items A - H with two corrections to the minutes as noted, and J and M; and pulled items K, L, and I for further discussion. Motion seconded by Council Member THEIS and carried unanimously.
Item VII.L. Consideration of a Resolution entering into an agreement with SCC Inc. for the operation of the Sunset Cultural Center.
City Administrator Stilwell presented the staff report providing a brief overview of the Agreement.
Elece Leverone and Kathy Bang addressed the City Council on behalf of the SCC, Inc. Board of Directors.
Mayor Burnett opened the meeting to public comment at 5:45p.m.
Jim Emery addressed the City Council.
Mayor Burnett seeing no additional speakers, closed the meeting to public comment at 5:46p.m.
Council Member TALMAGE moved to adopt the resolution and accept the contract with Exhibit B as presented and recognize that the ad-hoc committee will work with the SCC Board and come before the end of December with revised performance measures. Motion seconded by Council Member THEIS and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BEACH & HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
Item VII.I. Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement to form the Monterey Regional Storm Water Management Program (MRSWMP).
Mayor Burnett opened the meeting to public comment at 6:02 p.m. Seeing no additional speakers, closed the meeting to public comment at 6:02 p.m.
Council Member TALMAGE moved to adopt the resolution authorizing the City Administrator to enter into a Memorandum of Understanding (MOA) to form the Monterey Regional Storm Water Management Program, seconded by Council Member THEIS. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BEACH & HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
VIII. ORDERS OF COUNCIL
A. Consideration of an encroachment permit application for the installation of stairs in the public right-of-way on Eighth A venue two northeast of Junipero Street. The applicant is Kristin Minnich.
Interim Senior Planner Marc Wiener provided the staff report.
Mayor Burnett opened the meeting to public comment at 6:11 p.m.
Kristin Minnich, Karen Ferlito and Barbara Livingston addressed the City Council.
The meeting was closed to public comment at 6:17p.m.
Council Member TALMAGE moved to approve the encroachment permit application with the three conditions stated in the staff report in addition to three new conditions: 1) allow the natural set of stairs up to the gate; 2) fill in the dirt that had been removed, put in a couple of upper canopy trees, as indicated in landscape plan, item 3 on the special conditions; and 3) place a prominent "no parking" sign at the location. Staff was directed to implement the changes.
Motion seconded by Council Member THEIS. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BEACH & HILLYARD
ABSTAIN: COUNCIL MEMBERS: NONE
Council Member Talmage then further stated that the Council wanted to see a "no parking" sign; that the slope be returned to its natural contour; that the design of the stairs be less stark, more meandering; and less stair treads.
Kristin Minnich, applicant upon being asked if she understood and be willing to comply with these additional imposed conditions, indicated in the affirmative and stated she would work with staff including the City Forester to accomplish this.
B. Consideration of an Ordinance amending Municipal Code Sections 17.42 and 17.43 to revise requirements pertaining to the prevention of storm water pollution. (First Reading)
Interim Senior Planner Marc Wiener provided the staff report.
Mayor Burnett opened to public comment at 6:39 p.m.
Barbara Livingston addressed Council.
Mayor Burnett seeing no additional speakers, closed the meeting to public comment at 6:41p.m.
Bob Jaques, the City's Storm Water Consultant, answered questions from the public.
Council Member TALMAGE moved to adopt Ordinance amending Municipal Code Sections 17.42 and 17.43 to revise requirements pertaining to the prevention of Storm Water Pollution. Motion seconded by Council Member THEIS. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BEACH & HILLYARD
ABSTAIN: COUNICL MEMBERS: NONE
C. Consideration of an Ordinance amending Municipal Code Sections 12.28.180, 12.28.350 and 17.48.080 to revise the tree removal permit requirements (First Reading).
Mike Branson, City Forester, provided the staff report.
Mayor Burnett opened the meeting to public comment at 6:48 p.m.
Barbara Livingston addressed the City Council.
Mayor Burnett seeing no additional speakers, closed the meeting to public comment at 6:48p.m.
Council Member THEIS moved to adopt Ordinance amending Municipal Code Sections 12.28.180, 12.28.350 and 17.48.080 to revise the tree removal permit requirements, seconded by Council Member TALMAGE. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BEACH & HILLYARD
ABSTAIN: COUNICL MEMBERS: NONE
D. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of music instruments where alcoholic beverages are sold or served. (Second Reading).
Mayor Burnett opened the meeting to public comment at 6:50 p.m. Seeing no additional speakers, closed the meeting to public comment at 6:50p.m.
Council Member TALMAGE moved to adopt Ordinance amending Municipal Code Section 9.16 allowing for the playing of music instruments where alcoholic beverages are sold or served, seconded by Council Member THEIS. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS: TALMAGE, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: BEACH & HILLYARD
ABSTAIN: COUNICL MEMBERS: NONE
IX. FUTURE COUNCIL AGENDA ITEMS
Received and filed the Council agenda forecast.
Mayor Burnett requested staff add to the forecast the submission of Appendix "B" by SCC, Inc. by the end ofthe year and the storm water capture issue.
Mayor Burnett opened and closed the meeting to public comment at 6:54 p.m.
X. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 6:56p.m.
Meeting was adjourned in memory of Bob Kohn.
Respectfully submitted, ATTEST:
Heidi Burch, City Clerk Jason Burnett, MAYOR
