Draft Minutes 10-05-15

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CITY OF CARMEL-BY-THE-SEA

TO:

Honorable Mayor and Members o the City Council

Douglas

J

Schmitz City Administrator

FROM: Ashlee Wright City Clerk and Lee Price Interim City Clerk

October 5 2015

Consent Calendar

SUBJECT: Draft Minutes o the Special Meeting o August 31 2015

Draft Minutes o the Regular Meeting o September 1 2015

RECOMMENDATION

By motion to the Consent Calendar approve the Minutes o the Special Meeting of August 31 2015

and the Regular Meeting o September 1 2015.

ATTACHMENTS

1.

Draft Minutes

o

the Special Meeting of August 31 2015

2.

Draft Minutes

o

the Regular Meeting

o

September

1

2015

Date:

3 o ~ S

Page 1

Council Meeting Date: 10/05/2015

Agenda Item: 3

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MINUTES

CITY COUNCIL WORKSTUDY MEETING

CARMEL BY THE SEA

M o n d a ~ A u g u s t 3 1 2 0 1 5

Mayor Burnett called the meeting to order at 4:35P.M.

ROLL CALL:

Present: Council Members Dallas, Talmage, Theis, Mayor roTem Beach and Mayor

Burnett

Absent:

Staff Present:

None

Douglas J. Schmitz, City Administrator

Ashlee Wright, Deputy City Clerk

Marc Weiner, Senior Planner

Mayor Burnett announced the closed session items.

1. Labor Negotiations

Government Code Section 54957.8

Agency Designated Representatives: Zutler

Employee

Organization: LIUNA; CPOA

2.

Conference With Legal Counsel - Anticipated Litigation

Significant exposure to litigation pursuant to subdivision b) of Government Code Section

54956.9: 2 cases

3.

Public Employee Performance Review

Government Code Section 54957

Title: City Administrator

Title: City Attorney

The Closed Session was adjourned at 5:30 P.M. Item 3 was continued September

1

2015 at 4:

00

P.M.

WOR STUDY SESSION:

Review

of

the Draft Housing Element

Mayor Burnett called the work study session to order at 5:30 P.

M.

Marc Weiner provided an

introduction to the draft Housing Element. John Douglas, consultant, provided

an

in-depth report.

Questions from the Council and public followed. Suggestions presented by Council and members of the

public included:

• Mixed rent apartment complexes e.g. Sand City)

• Use of under-used properties

in

town if sufficient water

is

available

• Use of small, uniquely shaped lots of City owned property

Counc

il

Meeting Date: 10/05/2015

Agenda Item: 3

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• Any merging of lots should be decided by Planning Commission rather than Planning Direcror

• Housing above Public Works

• Consideration of rent-control

• Purchase of 5-10 acre feet of Odello water

• Purchase of land outside of City limits to build affordable housing to satisfy requirements

• rd

levels

in

the commercial district.

• lncentivize the use of extra space in homes with minimal impacts

• Get Monterey County Association of Realtors involved

in

future planning

Action

Vice Mayor Talmage requested that a discussion about the financing of the purchase of 5-10

acre feet of Odello water be agendized at a future date. Mayor Burnett requested that staff include

more expansive options including secondary housing for the consideration of the Planning

Commission and Council in the future .

ADJOURNMENT

There being no further business Mayor Burnett adjourned the meeting at 7:00P.M.

APPROVED:

Jason Burnett Mayor

ATTEST:

Ashlee Wright

Deputy City Clerk


Agen a Item:

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MINUTES

ITY COUNCIL MEETING

CARMEL BY THE SEA

September 1 2015

Mayor Burnett called the meeting to order at 4:02 p.m.

ROLL CALL

Present:

Absent:

Staff Present:

Council Members Beach, Dallas, Theis, Mayor Pro Tern Talmage

and Mayor Burnett

None

Doug Schmitz, City Admin istrator

Lee Price, Interim City Clerk

CLOSED SESSION Continued from Monday, August 31, 2015)

Mayor Burnett announced the Council would adjourn to Closed Session to complete the

following item:

Public Employee Performance Review

Government Code Section 54957

Title: City Administrator

t

4:40 p.m. the City Council reconvened in Open Session. Mayor Burnett led the Pledge of

Allegiance.

Present:

Absent:

Staff Present:

Council Members Beach, Dallas, Theis, Mayor Pro Tern Talmage

and Mayor Burnett

None

Doug Schmitz, City Administrator

Don Freeman, City Attorney

Lee Price, Interim City Clerk

Mike Calhoun , Public Safety Director

Paul Tomas

i

Police Commander

Rob Mullane, Public Works Director

Janet Bombard, Library and Community Events Director

Margi Perotti , Community

ct

ivities Coordinator

Marc Wiener, Senior Planner

Sharon Friedrichsen, Director of Budgets and Contracts

Council Meeting Date : 10/05/2015

Agenda Item:

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EXTR ORDIN RY BUSINESS

Mayor Burnett recognized and extended appreciation to staff and members of the community for

their hard work and volunteer efforts for this year's Car

eek

.

MOMENT OF SILENCE

Mayor Burnett acknowledged the passing of resident and former City Council Member Marshall

Hydorn on August 4, 2015 and requested a moment of silence in his honor.

NNOUNCEMENTS

Council Member Beach provided an update on the County's Rio Road paving project.

Council Member Dallas expressed appreciation to all City employees, including Margie Perotti,

Leslie Fenton and Janet Bombard for volunteer efforts during Car Week.

Mayor Burnett provided brief report on Monday's work study session regarding the Housing

Element Update and announced he has appointed the following to an ad hoc Event Policy and

Event Fee Waiver Policy review committee: Jim Emery, Jon Wolfe, Dick Stiles, Manta Potter,

Ken White, and Carolyn Hardy. He also provided an update regarding the drought and potential

for an

EI

Nino . Additionally, the Mayor expressed appreciation to former mayor Sue McCloud

for her contributions to the City's response to the Monterey County Civil Grand Jury.

City Attorney Don Freeman provided the closed session announcements.

Mayor Burnett and members of the Council expressed appreciation to City Administrator Doug

Schmitz and City Attorney Freeman for their dedicated service and performance.

City Attorney Don Freeman issued kudos to the Mayor

for

his leadership

by

serving on the

Mayors Group to resolve water related issues

on

the Monterey Peninsula, adding that much

time has been devoted to this effort. He also acknowledged Carolina Bayne and Carolyn Hardy

for their work on examining contract costs.

City Administrator Doug Schmitz provided updates on three consent calendar items (9, 16 and

20).

PUBLIC PPE R NCES

Chilone Payton, former contract employee, asked for a response to her request for records.

Rich Pepe expressed appreciation

for

the beautification

of

the corner

of

Dolores and

h

Barbara Livingston added she was impressed by the size of the trees planted at that location

and hopes that a ll future street trees planted will be of significant size.

Gabriella Adams, Carmel Valley resident, requested confirmation that the special event permit

application she submitted for her wedding this weekend would be issued. (See Item 23 for

action).


Agenda Item: 3

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CONSENT

C LEND R

Public Comments:

Barbara Livingston asked who was being nominated for appointments to the Forest and Beach

Commission and the Historic Resources Board (Item 8). Mayor Burnett provided the oral

update.

Carolina Bayne asked that the agenda include more specifics

in

the subject description with an

emphasis budget amendments (Item 19).

Richard Kreitman had a question regarding Item 20.

---End of Public Comments---

Council Member Beach spoke

in

favor of Item 10. No items were pulled from the Consent

Calendar.

Action

Upon a motion made by Mayor ProTem Talmage, second by Council Member Dallas,

the Council unanimously approved the Consent Calendar, as follows:

1. Minutes of August 3,

4

and 6 2015

Approved 5:0

2. Check

Register

July 2015

a. Monthly Reports for the Month of July Contracts With the City Administrator

b. Community Planning and Building Department Reports

c. Police, Fir

e

Ambulance and Beach Reports

d. Public Records Act Request

Logs Ci

ty Clerk and Police

e. Foresters Report

f. City Treasurer s Report

Approved 5:0

3. AB 1001 Adopting Resolutions Authorizing Professional Services Agreements for

Auditing Services, Shoreline Management Technical Assistance and Engineering

Services for Streets and Storm Drainage Improvements

Resolutions 2015-067, 2015-068 and 2015-069 adopted 5:0

4. AB

1002 Award

of

Construction Contracts for the Sunset Center Retaining Wall

Project and the Carpenter Street Drainage Project

Resolutions 2015-070, adopted

5. AB 1003 Appointments to Forest and Beach Commission and Historic Re sources

Board


Age

nd

a Item: 3

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Kathryn Gualtieri reappointed to the Historic Resources Board for a four year term

expiring September 30, 2019; appointed Maggie Eaton and reappointed David

Refuerzo to the Forest and Beach Commission for four year terms each expiring

September

30

2019. 5:0

6. AB 1004 Adoption of a Resolution adjusting the City Attorney's Employment

Agreement

Resolution 2015-072 adopted 5:0

7. AB 1006 Adoption Resolutions Urging the State to Provide New Substantial Funding

for State and Local Transportation Infrastructure and Authorizing Letters

to be

Sent

to Legislators asking that an Exemption to the Current Two Percent Cap for TAMC

be Supported

Resolutions 2015-073 adopted 5:0

8. AB 1007 Adoption of a Resolution establishing the Salary Range 443 for the position

of Police Commander

Resolution 2015-07 4 adopted 5:0

9. AB 1008 Authorization of the disbursement of up to 6,000 from the Urban Forest

Restoration Deposit Account for improvements to First Murphy Park


10. AB 1009 Authorization of a Grant Application to the Monterey Peninsula Regional

Park District for Improvements at Forest Hill Park

Resolutions 2015-076 and 2015-077 adopted 5:0

11

. AB 1010 Adoption

of

a Resolution to approve a cooperative purchasing agreement

for tree maintenance and to award a contract to est Coast Arborists, Inc.


12. AB 1011 Final Adoption of an Ordinance of 2015-003 Section 15.38 to the Carmel

Municipal Code relating to the expedited permitting procedures for small residential

rooftop solar systems

Ordinance 2015-003 adopted on second reading 5:0

Council Meet

in

g Date: 10/05/201 5

Agenda Item: 3

Pa

ge

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13

.

AB 1019

Resolution Authorization

of

the City Administrator

to Execute

a Professional

Services Agreement

with Peninsula

Messenger

Service

for

Mail Delivery Service

Resolution

2015-079 adopted

5:0

14

.

AB

1015 Authorization

of payment of

38,903.87 to Public Consulting Group in full

payment

of

their contracts

Resolution

2015-080 adopted

5:0

15.

AB 1016

Authorization

of payment

to

the law

firm

of

Stradling

Yocca

Carlson &

Rauth, PC,

the amount of $78,162.34

representing full satisfaction

of their

unpaid bill

Resolution 2015-081

adopted

5:0

16

.

AB

1005

Approval

of

an

Amendment

to the Fiscal

Year 2015-16 Budget

relating

to

revenues and expenditures

Resolution 2015-082

adopted

5:0

17.

AB

1012 Approve

Response to

the Monterey County Civil Grand

Jury

Findings and

Recommendations

Approved 5:0

Mayor

Burnett

reordered

the

agenda

by

hearing Item 23 (AB 1

017) Urgency Ordinanc

e

Prohibiting Beach Fires before items

to

be considered under Orders.

PUBLIC HEARINGS

23

.

AB 1017

Extension

of

Beach Fires Moratorium

Urgency Ordinance 2015

-005

Public

Works Director Rob

Mullane provided a brief

staff

report

and

clarified that the

draft

urgency ordinance extending the initial urgency ordinance is unchanged. He reported that

there

are

12 special events pending and requested direction from the Council. City Attorney

Don Freeman advised that the Council exempt any

permit

that has been administratively

approved

.

Community

Activities

Coordinator

Margi Perotti clarified the permit issuance

process and exp

lain

ed

which

of the 12

pending permits had been administratively

approved

(Adams , Authors and Ideas Festival , Bronzo, and Cina & Chris).

Monterey Bay Unified Air Pollution Control Offic

er

Richard Stedman provided an update on

air quality monitoring and emphasized

he

supports the City's efforts

to

reduce emissions

from

beach fi re

s

Motion

Council

Member

Beach

made

a motion, seconded by Council

Member

Dallas

to

extend the moratorium, as written with clarification that the following special events shall be

exempt: Adams,

Authors

and Ideas Festival, Bronzo , and Cina & Chris.


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Mayor Burnett opened the Public Hearing.

Public Comments:

The following members

of

the public spoke in support

of

the adoption

of

the urgency

ordinance:

Richard Kreitman (also asked that propane devices be allowed).

Barbara Livingston

Carolyn Hardy

Carolina Bayne (also supports the adoption

of

an ordinance restricting beach fires seven

days per week)

Skip Lloyd

Rich Pepe (asked for greater clarification about what

is

permitted on the beach)

Joe Andini (also supports the use

of

propane fueled devices and argued beach fires

is

too

vague)

Kimberly Rawlings (and asked for clarification about where 10

h Street fires are permitted

and suggested that fires be allowed from the 150' from the bluff)

Local artist and writer (did not provide name)

Mike Cate

Mary Lisken

Connie Lorrie requested that the special event permit for Cina and Chris be approved.

---End

of

Public Comments---

Council discussion followed.

Action

The Council unanimously voted to adopt Urgency Ordinance 2015-006 extending

Urgency Ordinance 2015-005 for 10 months, 15 days; agreed to exempt the following

special event permits: Adams, Authors and Ideas Festival, Bronze, and Cina & Chris; and

requested that Staff develop a tool to assist the public in understanding what

is

permitted on

the beach and what is not. 5:0

OR ERS

21. AB 1013

ar

Week Post-Mortem

Police Commander Paul Tomasi provided an in-depth staff report . Brief questions

followed.

Public Comments:

Carl Iverson and Sue McCloud presented favorable comments.

---End

of

Public Comments---

Council Member Dallas suggested street sweeping on Thursdays after trash pick-up.

Council Meeting Da te: 10/05/2 15

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nd

a Item: 3

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Action

The City Council accepted the report.

22. AB 1014 Adoption

of

a Resolution Creating a New Capital Improvements Project, Sunset

Center Master Plan, and Authorizing a Budget for said Project and Expenditures of Said

Monies

City Administrator Doug Schmitz provided the staff report. Sunset Center Executive

Director Christine Sandin reported that the Board of Directors voted to unanimously

support the expenditure because it aligns with strategic goals.

Public Comments:

Sunset Center Board Member Sue McCloud spoke

in

support.

---End

of

Public Comments---

Action

Upon a motion made by Mayor ProTem Talmage, seconded by Council

Member Dallas, the Council unanimously adopted Resolution 2015-083. 5:0

PUBLIC

HE RINGS

(Continued)

23.

AB

1018 Consideration of a Use Permit (UP 15-282) application to allow paid parking to

the general public and off-site parking for the Cypress Inn from the commercial site

(J'h

and Dolores Event Center)

lo

cated at the southeast corner of Dolores and 7th Avenue.

The applicant is CPines7, LLC

Mayor

ProTem

Talmage, Council Member Dallas and City Attorney Don Freeman

announced that due a potential conflict of interest (resides within

100

500') they would

abstain from participation and stepped down from the dais. City Administrator Doug

Schmitz advised that the matter requires a 4/5 affirmative vote . The City Clerk drew

names from a hat and Mayor

ProTem

Talmage returned to the dais.

Senior Planner Marc Wiener provided the staff report and mentioned one minor

correction to Condition 5. In addition, he suggested a modification to Special Condition

7 to include the limitation of paid public parking signage display to only when the

parking lot is open to the general public.

Brief Council questions followed. Mayor Burnett suggested that reference to the

ypress Inn in

the Findings be deleted.

Public Comments:

Anthony Lombard

o on

behalf

of

the applicant, spoke to the merits of approving the use

permit, voiced objections to the amendment recommended by Senior Planner Marc

Wiener and requested allowance

of

valet parking kiosks during all events.

Bobbie Richards and Rob Profetta spoke in favor of granting the use permit.

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---End of Public Comments---

Action Upon a motion made by Council Member Beach, seconded by Council Theis,

the Council approved the use permit, as modified (remove reference to Cypress Inn

correct spelling error

in

Special Condition 5 and

add

the following sentence to Special

Condition 7:

Paid public parking signage shall only be displayed when the parking lot s

open to the general public.

4:0:1 (Dallas abstained due

to

a potential conflict of

interest-

resides within 500').

FUTURE

GEND

ITEMS

Council Member Dallas requested a Council Retreat. Mayor ProTem Talmage requested a

discussion item regarding Eastwood Water.

ADJOURNMENT There being no further business, Mayor Burnett adjourned the meeting at

8:

1 p

.

m

APPROVED:

Jason Burnett, Mayor

ATTEST:

Lee Price, MMC

Interim City Clerk

Counc

il

Meeting Date: 10/05/2015

Draft Minutes 10-05-15

Documents

Transcript of Draft Minutes 10-05-15