AGENDA
Regular Meeting
Tuesday, June 4, 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, June 9, 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 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. Employee Recognition: National “Recognize Public Works Week”
B. Community Recognition: San Clemente Dam removal efforts
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. Report from workshop: Emergency Preparedness Planning
2. Monterey County Commission on Disabilities
3. Trash can design and location
4. Community Planning & Building Director recruitment update
5. Budget hearings: June 11, 2013 and June 18 (if necessary)
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 May 7, 2013.
B. Ratify the bills paid for the period of May 1st-15th, 2013.
C. Receive Monthly Fire and Ambulance reports.
D. Monthly Code Compliance update.
E. Consideration of a Resolution awarding a construction contract to Nor-Cal Contractors, the lowest responsive bidder, in the amount of $319,800 for the Urban Runoff Diversion Project.
F. Consideration of a Resolution awarding a contract to Green Valley Landscaping, the lowest responsible bidder, in the amount of $53,940 for landscape maintenance services.
G. Nomination of an Advisor to the Board of the Monterey County Convention and Visitors Bureau.
H. Consideration of a Resolution approving street closures, one of the City’s free use days at the Sunset Center, a waiver of certain costs and fees associated with the 2013 Carmel Art and Film Festival.
VIII. Orders of Council
A. Consideration of an appeal of the Planning Commission’s decision to deny a single family residence at a site located in the multi-family residential (R-4) District (Blk 48, Lot 19). The appellants are Peter Kimball and Kathy Campbell.
B. Consideration of water entitlement for a property located in the Service Commercial (SC) District on the southeast corner of Dolores and Seventh.
A short break has been scheduled. Items after break will not start before 7:30
C. Consideration of an Ordinance adding Chapter 9.22 (Social Host Regulations) to Title 9 Public Peace, Morals and Welfare section of the City of Carmel-by-the-Sea Municipal Code. This ordinance would impose a criminal violation with possible civil liability for hosting social gatherings at which minors are present and are consuming alcohol.
D. 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).
E. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of music instruments where alcoholic beverages are sold or served. (1st Reading).
IX. Future Council Agenda Items
A. Receive the Council agenda forecast.
X. Adjournment
The next meetings of the City Council will be:
Special Council Budget Hearing(s)
Tuesday, June 11, 2013 - 4:30 p.m.
Tuesday, June 18, 2013 – 4:30 p.m. – if budget not adopted on June 11th
Council Workshop: 5:30-6:30 p.m.
Monday, July 1, 2013
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, July 2, 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
June 4, 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 4:32 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
Mike Calhoun, Public Safety Director
Paul Tomasi, Police Commander
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.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: National “Recognize Public Works Week”
City Administrator Stilwell and Director of Public Services Friedrichsen gave the recognition.
B. Community Recognition: San Clemente Dam removal efforts
Mayor Burnett presented the Certificate of Community Recognition.
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. Mayor Burnett announced that a water rights discussion was in process for the Odello Property.
B. Announcements from City Council members
Council Member Beach noted community outreach efforts being conducted by the Regional Advisory Committee of the Association of Monterey Bay Area Governments (AMBAG) as well as the results of her attendance at the Emergency Planning Workshop.
Council Member Talmage provided addition information on AMBAG.
Mayor Burnett noted that the State Water Control Board had a meeting in Monterey on the Cease and Desist Order and Water Rights and Slant wells.
C. Announcements from City Administrator.
1. Report from workshop: Emergency Preparedness Planning
City Administrator Stilwell gave the report from the workshop
2. Monterey County Commission on Disabilities
There was no report at the representative was not in attendance.
3. Trash can design and location
City Administrator Stilwell presented the report.
4. Community Planning & Building Director recruitment update
The recruitment update was provided by the City Administrator.
5. Budget hearings: June 11, 2013 and June 18 (if necessary)
City Administrator Stilwell noted the budget hearings and where the budget may be accessed.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at: 5:05 p.m.
Niels Riemers addressed Council regarding the restoration of the Dunes;
Dave of United Veterans Council spoke about funding for the Veterans Cemetery;
Betsey Pearson of the Board of Directors of the Carmel Bach Festival addressed Council about the operation of the Sunset Center;
Debbie Chinn, Executive Director of the Carmel Bach Festival spoke about support necessary from the Council;
Hector Azpilcueta, Vice President of the Hotel and Restaurant Workers Union spoke about La Playa workers;
Steve Brooks from Friends of Carmel Forest announced upcoming tours on June 29th at 10a.m. and 2p.m.;
Barbara Brooks spoke about use of the Sunset Center and short term rentals;
Paul Rodriguez, Post Manager from the local American Legion Post spoke about the Veterans Cemetery funding;
Loren Letendre noted a Steelhead Festival and Feast on Sunday October 13th and the final feasibility study regarding Scenic Road project;
Barbara Livingston regarding funding for removal of tree stumps;
Carl Iverson noted the June 13th lecture series at the Women’s Club and the House and Garden Tour on June 22nd;
Monta Potter, CEO of the Carmel Chamber of Commerce, presented Council with the new Guide to Carmel and noted a nonprofit mixer on June 12th;
Stephen Moorer of Pac Rep spoke regarding the newly adopted banner policy;
Jenna Gavin requested a proclamation of Social Media Day from the Council;
Christine Sandin noted the annual Open House at Sunset Center on June 22nd.
Mayor Burnett closed the meeting to public comment at 5:46 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of May 7, 2013.
B. Ratify the bills paid for the period of May 1st-15th, 2013.
C. Receive Monthly Fire and Ambulance reports.
D. Monthly Code Compliance update.
E. Consideration of a Resolution awarding a construction contract to Nor-Cal Contractors, the lowest responsive bidder, in the amount of $319,800 for the Urban Runoff Diversion Project.
F. Consideration of a Resolution awarding a contract to Green Valley Landscaping, the lowest responsible bidder, in the amount of $53,940 for landscape maintenance services.
G. Nomination of an Advisor to the Board of the Monterey County Convention and Visitors Bureau.
H. Consideration of a Resolution approving street closures, one of the City’s free use days at the Sunset Center, a waiver of certain costs and fees associated with the 2013 Carmel Art and Film Festival.
Council Member Talmage pulled F. for discussion. Council Member Beach asked for clarification of a component of Item E. Mayor Burnett pulled Item E. for further discussion.
Mayor Burnett noted that Monta Potter would be the nominee for Item G
Council Member BEACH moved to approve Consent Agenda Item G with the
nomination of Monta Potter, seconded by Council Member TALMAGE and carried unanimously.
Mayor Burnett opened the meeting to public comment at 5:52 p.m.
Barbara Livingston addressed the Council regarding storm water retention ponds integrated into repaving projects.
The meeting was closed to public comment at 5:54 p.m.
Council Member TALMAGE moved to approve Consent Agenda Item E, seconded by Council Member BEACH and carried unanimously.
City Administrator Stilwell clarified details regarding Item F. Council Member
TALMAGE moved to approve Consent Agenda Item F, seconded by Council Member BEACH and carried unanimously.
Mayor Burnett opened the meeting to the public at 6:00 p.m.
The meeting was closed to public comment at 6:00 p.m.
Council Member TALMAGE moved to approve Consent Agenda Items A-G and I, seconded by Council Member BEACH and carried unanimously.
VIII. ORDERS OF COUNCIL
A. Consideration of an appeal of the Planning Commission’s decision to deny a single family residence at a site located in the multi-family residential (R-4) District (Blk 48, Lot 19). The appellants are Peter Kimball and Kathy Campbell.
Interim Senior Planner Marc Wiener presented the staff report.
Mayor Burnett and the Council Members noted that they had all been contacted by the Chair of the Planning Commission and Council Member Beach noted an additional Planning Commissioner had contact her as well.
Public Safety Director Calhoun answered Council questions.
Peter Davis, architect for the appellants, addressed Council.
Mayor Burnett opened the meeting to public comment at 6:32 p.m.
Barbara Livingston addressed Council.
Mayor Burnett then closed the meeting at 6:34 p.m.
Council Member THEIS moved to approve the appeal, seconded by HILLYARD 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
B. Consideration of water entitlement for a property located in the Service Commercial (SC) District on the southeast corner of Dolores and Seventh.
Council Member Talmage and City Attorney Don Freeman recused themselves and left the room as they live or own property within 500 feet of the project.
Interim Senior Planner Marc Wiener provided the staff report
Attorney Brian Finegan clarified issues regarding water transfers and the legal process required to move forward.
Mayor Burnett opened the meeting to public comment at 7:16 p.m.
Attorney Anthony Lombardo, Applicant Jeff Peterson, Rich Pepe and Ethan Hear addressed Council.
The meeting was closed to public comment by Mayor Burnett at 7:37 p.m.
Brian Finegan and Anthony Lombardo answered Council questions.
Mayor Burnett recessed the meeting at 8:25 p.m. and reconvened it at 8:40 p.m.
Council Member HILLYARD moved to adopt a Resolution of Intent to determine that the Applicant has an equitable right to the use of the Le Towt and Spinning Wheel water transfer credits in a sufficient amount to meet the needs of the Project; based upon the premise that the current Project is a derivative or continuation of the Plaza Del Mar project, having similar ownership, and following the direction of the City council to return with a revised project that preserves the historical status of the building, and subject to a recommendation of the Planning Commission for an amendment of the Water Allocation Resolution allocating sufficient water to the commercial category to serve the Project. The Council directs the Planning Commission to consider an amendment to the Water Allocation Resolution adding the Le Towt water and transferring sufficient water from the Le Towt transfer and the Spinning Wheel transfer to the commercial category to supply the Project. The matter will be returned to the City Council to consider a) adoption of the amended Water Allocation Resolution; b) adoption of findings; c) pre-commitment of water to the Project; and d) approval of the use permit seconded by Council Member THEIS and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: TALMAGE
C. Consideration of an Ordinance adding Chapter 9.22 (Social Host Regulations) to Title 9 Public Peace, Morals and Welfare section of the City of Carmel-by-the-Sea Municipal Code. This ordinance would impose a criminal violation with possible civil liability for hosting social gatherings at which minors are present and are consuming alcohol.
Police Commander Tomasi presented the staff report.
Mayor Burnett opened to public comment at 8:58 p.m.
Heath Rocha, Carmel Unified School District, Barbara Livingston, Rose Morena, Analyst with Monterey County Health Department, Maria-Elena Morales of Sunstreet Centers addressed Council.
Staff will work with the County and bring back to Council at a later date.
D. 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).
City Forester Mike Branson provided the staff report.
Council Member Hillyard recused himself and left the room as he has a tree removal permit pending.
Mayor Burnett opened the meeting to public comment at 9:50 p.m.
Barbara Livingston addressed Council.
The meeting was closed to public comment at 9:50 p.m.
Staff will bring back a revised Ordinance.
E. Consideration of an Ordinance amending Municipal Code Section 9.16 allowing for the playing of musical instruments where alcoholic beverages are sold or served. (First reading)
Mayor Burnett opened and closed the meeting to public comment at 9:51 p.m.
Barbara Livingston addressed Council.
Mayor Burnett opened and closed the meeting to public comment at 9:54 p.m.
Mayor 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 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
IX. FUTURE COUNCIL AGENDA ITEMS
Receive the Council agenda forecast.
Mayor Burnett opened and closed the meeting to public comment at 10:01 p.m.
X. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 10:01 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR JASON BURNETT
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