Download - Draft Minutes 10-05-15
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8/20/2019 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
Council Meeting Date: 10/05/2015
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).
Council Meeting Date: 10/05/2015
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
Council Meeting Date: 10/05/2015
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
Resolution 2015-075 adopted 5:0
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.
Resolution 2015-078 adopted 5:0
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.
Council Meeting Date: 10/05/2015
Agenda Item: 3
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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
Age
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.
Council Meeting Da te: 10/05/2015
Agenda Item:
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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