minutes city council 09-10-13

7/27/2019 MINUTES City Council 09-10-13

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V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS ANDTHE CITY ADMJNISTRATORA. Announcements from Closed Session.

City Attorney Don Freeman provided the closed session report indicating that the CitCouncil had met in closed session to address four items as follows: on item 1, regarding thpublic employee performance evaluation of the City Engineer, there is no publiannouncement; on item 2, regarding the labor negotiations, there is no public announcemenon item 3, relative to the item of potential litigation, one item was discussed and there is npublic announcement; finally on item 4, regarding the property negotiations of the FlanderMansion lease, the City continues to negotiate potential a potential lease and at the samtime, the City continues its marketing efforts attempting to attract a lessee to the property awell.Mayor Burnett stated that he had recused himself from the closed session discussion on thFlanders Mansion lease item because of a personal relationship with a potential party whhad submitted an application to lease the property.

B. Announcements from City Council membersCouncil Member Beach thanked Carmel businesses for their support of a myriad of eventand thanked the Chamber ofCommerce for all of its efforts.Vice Mayor Talmage reported that the Metropolitan Transportation Plan through AMBAG iabout to be passed and spoke about the details of transportation projects within the plan.Council Member Theis reported that she and Council Member Hillyard had met witrepresentatives from the Sunset Center regarding performance measures.Council Member Hillyard then spoke about the recently approved contract with the SunseCenter and the performance measures that were being negotiated and that the Sunset Centewill come backwith proposed performance measures.Mayor Burnett stated that the planning process for setting up goals and key initiatives fo2014 has begun; that the Boards & Commissions were asked to place this on their agenda awell between now and December; that the City Attorney will be conducting a briefing on thBrown Act and the Public Records Act on October 10, from 10 a.m. to 12 p.m. and that thtraining is open to the public as well.Mayor Burnett also announced that there will be a workshop on parking in mid-October torefine the policies and refine the further implementation of those policies next year. Inaddition, he noted that progress was being made to move forward the Veterans CemeterProject.

C. Announcements from City Administrator.1. Introduction ofCommunity Planning & Building Director.

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City Administrator Stilwell introduced Rob Mullane and stated that on October 17 , 201in the foyer of the Sunset Center, the City will host a reception to introduce all fivDepartment Directors and inform the community about the role and functions of eacdepartment in the City' s organizational chart.

2. Introduction ofFire ChiefCity Administrator Stilwell , along with Chief Calhoun, introduced Fire Chief Panholzewho talked about his commitment to serve the community.

3. Summary Report from Monday' s WorkshopCity Administrator Stilwell introduced Administrative Services Director, Susan Paul.Administrative Services Director Paul provided the report highlighting the kecomponents of the plan, which include improvements to the IT infrastructure; stated thathe plan has 16 strategic goals and 23 key initiatives that over time will be translated intprojects; that as part of the public outreach input will be solicited via three workshopwhich will be held on September 24 at 5:30 p.m. and again on September 25 at 11:3a.m. and again at 2 p.m., in the council chambers.

4. 41h Quarter Financial ReportCity Administrator Stilwell provided the 4111 Quarter Financial update.

5. Update on 2013 Key InitiativesCity Administrator Stilwell presented an update on the 2013 key initiatives.

VI. PUBLIC APPEARANCESMayor Burnett opened the meeting to public comment at: 5:41p.m.Barbara Livingston spoke on behalf of the Carmel Residents Association (CRA) offeringcongratulations to Fire Chief Panholzer and Rob Mullane. Stated that the Residents Associationwill hold a town hall meeting on Thursday, October 3 at Carpenter Hall fiom 3 p.m. to 5:00p.m.regarding the ballot measures on the November 5 ballot (Measure M and Measure K).Jay Gentry spoke on a 2014 initiative to reduce carbon emissions in Carmel.Leonard O'Neal representative from the Hotel Workers Union addressed the council about the LPlaya hotel workers.Mayor Burnett, seeing no additional comments, closed the public comment at 5:48p.m.

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VII. CONSENT CALENDAR

A. Ratified the minutes for the regular meeting ofAugust 6, 2013.B. Ratified the bills paid for the period of July 1st_ July 30th, 2013.C. Received Monthly Fire and Ambulance reports.D. Received Monthly Code Compliance update.E. Received Public Records and Media Request Log.F. Considered a Resolution updating authorizing City co-sponsorship of an event honoringformer Carmel Public Library Foundation Board Directors and Harrison Memorial LibraryBoard Trustees.G. Considered a Resolution approving the use of the Sunset Center Theater by the CarmelPublic Library Foundation on April 24, 2014 for its Authors with Authors fundraising eventH. Considered a Resolution awarding recycling grants totaling $4,650 to two non-profitorganizations and allocating the remaining $7,350 in recycling funds to trash canreplacement.I. Considered a Resolution approving a cooperative purchasing agreement for a grid pruningproject and award contract for the project to West Coast Arborists, Inc. (WCA) in anamount not to exceed $40,000.I. Considered a Resolution awarding a construction contract to Don Chapin Company, thelowest responsible bidder, for the 2013 Streets Project for a not to exceed amount of$443,860 and approval of$66, 579 for project contingency, engineering and other relatedproject costs.K. Considered a Resolution awarding a construction contract to Monterey PeninsulaEngineering, Inc., the lowest responsible bidder, for the Santa Fe and Fourth Storm DrainRelocation Project for a not to exceed amount of$324,030 and approval of an amount not toexceed of $48,605 for project contingency, engineering and other related project costs.L. Received a report on the trash can refurbishment and replacement project.M. Authorized submittal of a grant application to the Monterey Peninsula Regional ParkDishict for improvements and enhancements to the children 's playground in Forest HillPark in the amount of $20,000.N. Considered a Resolution adopting the Memoranda ofUnderstandings (MOUs) between theCity of Carmel-by-the-Sea General Employees Union-an affiliate of the Laborers 'International Union ofNorth America, United Public Employees ofCalifornia,LIUNAIUPEC, Local 792, AFL-CIO; and the City ofCarmel-by-the-Sea Management

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Employees Union- an affiliate of the Laborers' International Union ofNorth America,United Public Employees ofCalifornia, LIUNAIUPEC, Local 792, AFL-CIO.0. Considered a Resolution authorizing the City Administrator to amend existing contractswith Mark Alcock related to the City's ongoing information technology requirements andprofessional examiner services in an amount not to exceed $43,500 for contract ma-secma002-2013 and $60,000 for contract ma-examiner-003-2013.P. Considered a Resolution authorizing the purchase of a Physio Control Lifepak cardiacmonitor/defibrillator.Q. Received the 41h Quarter City Financial Report.R. Considered a Resolution authorizing the Office of the City Clerk to destroy certain recordsin accordance with Government Code Section 34090 et seq.Mayor Burnett inquired if council wished to pull any items. Council Member Beach had questionregarding the financial report, which City Administrator Stilwell answered. She offered additionacomments regarding the Code Compliance log and Public Records and Media Request Log.Council Member Talmage indicated he wished to pull items J, K, Land N for comment and/ordi scussion.Councj] Member Talmage questioned the responsibility for the design of projects in items J andK. On item N, he expressed his gratitude to the City' s employees for going three years without apay mcrease.Council Member Hillyard requested that items E and Hbe pulled.Council Member TALMAGE moved to approve consent items A, B, C, D, F, G, I, M, N, 0 ,P, 0 and R. Seconded by Council Member THEIS. Motion carried unanimously.

VII. (E)

VII. (H)

Receive Public Records and Media Inquiry Log.Council Member Hillyard inquired as to whether or not there was an estimate of staff timediverted to work on these requests.Mayor Burnett opened and closed the meeting to public comment at: 5:58p.m.Council Member HILLYARD moved to receive and file the public records and mediainquiry log. Motion seconded by Council Member BEACH and carried unanimously.Consideration of a Resolution awarding recycling grants totaling $4,650 to two non-profitorganizations and allocating the remaining $7,350 in recycling funds to trash canreplacement.Council member Hillyard commented that the money should not be go to trash canreplacement but instead apply funds to education about recycling.

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Council Member HILLYARD moved to approve the two grants totaling $4,650 to thetwo non-profits but to retain the remaining $7,350 in recycling funds for furtherinvestment in recycling programs.Following a brief discussion, Council Member HILLYARD rephrased motion statingthat he moved to approve the presented Resolution deleting the last whereas relative tothe $7,350 in unallocated funds and deleting recommendation No.2 on the Resolutionrelative to allocating the remaining $7,350 in funds to trash can replacement. Motionfails due to lack of second.Council Member TALMAGE moved to approve as presented. Motion seconded byCouncil Member BEACH and carried by the following vote:AYES:NOES:ABSENT:ABSTAIN:

COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:

BEACH, THEIS, TALMAGE & BURNETTHILLYARDNONENONEVII.(J) (K) Consideration of a Resolution awarding a construction contract to Don Chapin Company,the lowest responsible bidder, for the 2013 Streets Project and Consideration of a Resolutioawarding a construction contract to Monterey Peninsula Engineering, Inc., the lowestresponsible bidder, for the Santa Fe and Fomih Storm Drain Project.

Council Member Talmage requested that someone on staffbe responsible for the aestheticsof the final product.Mayor Burnett opened the meeting to public comment at: 5:18p.m.Barbara Livingston and Karen Ferlito addressed Council.Shennan Low, City Engineer addressed Council and public questions.Mayor Burnett, seeing no additional comments, closed the public comment at: 5:21p.m.Council Member TALMAGE moved to approve items J and K subject to the foucriteria Mayor Burnett described. Motion seconded by Council Member BEACH.Council Member f iLLYARD then offered a substitute motion to approve items J andK as presented. Motion seconded by Council Member THEIS.Council Member Beach amended Council Member Hillyard's substitute motion toapprove contracts as stated with the reguest that the City Administrator and the resof the applicable staff take a look at the projects from a design guideline standpoinand make any necessary change orders. Council Member Hillyard accepted theamendment.

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VII. (L )

For the record the motion was clarified as:Council Member HILLYARD offered a substitute motion to approve items J and Kincorporating the stated amendment. Motion seconded by Council Member THEISMayor Burnett further clarified motion as: motion to approve both of these items anboth of these resolutions; and to provide direction to staff on the four elementidentified earlier. Motion carried unanimously.Receive a report on the trash can refurbishment and replacement project.Council Member Talmage indicated that the highest priority for trashcan replacement is athe beach.Sharon Fried1ichsen, Director of Public Services, provided the staff report.Mayor Burnett opened the meeting to public comment at: 6:52 p.m.Karen Ferlito, Forest and Beach Commissioner, Adam Jessulneck, Elen Ganno, MargareEden and Hugo Ferlito addressed the council on this issue.

Mayor Burnett, seeing no additional comments, closed the public comment at: 7:02p.m.Council concurred that the universally accepted colors for trash and recycling should bused.Council Member TALMAGE moved to approve three principles as follows: 1universally accepted colors; 2) to co-locate the cans (side by side); and 3) plan for peacapacity with direction to staff to develop plan for entire city accepting plan based othose principles and defer to staff for the business dist rict downtown; and expecting plan for the beach to come forward without relying on the contingency of the granfunding. Motion seconded by Council member HILLYARD. Motion carriedunanimously.

VIII. ORDERS OF COUNCILA. Considered an appeal of the Planning Commission's decision to deny an application (DR13-21) to install a rooftop trellis at a restaurant located at the NE corner of Junipero Streeand Sixth Avenue in the Service Commercial (SC) Zoning District. The appellant is RicharPepe.

Mayor Burnett announced that this item is being continued to the October meeting at thappellant's request.Mayor Burnett opened the meeting to public comment at: 7:26p.m.Barbara Livingston addressed Council.Mayor Burnett, seeing no additional comments, closed the public comment at: 7:27p.m.7


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B. Consideration of an appeal of the Planning Commission ' s decision to deny an applicatiofor a plan revision (DS 12-111) to install a metal roof on a residence located at the Scomer of Ocean Avenue and Carmelo Street and Sixth Avenue in the Single-FamilResidential (R-1) Zoning Distlict. The applicant is Bill Hayward.Marc Wiener, Senior Planner presented the staffreport.Chris Bouquet, Representative of Stoker and Allaire Construction Company, indicated thahe was the designer and general contractor for the project and spoke about the proposal.Bill Hayward, the appellant, addressed the Council.Mayor Burnett opened the meeting to public comment at:7:40 p.m.Adam Jeselnick, Jonathan Sapp, Roberta Miller, Barbara Livingston and Monta Potter alladdressed Council.Bill Hayward appellant spoke about the metal railing and made closing comments about theproject.Mayor Burnett, seeing no additional comments, closed the public comment at: 7:51p.m.Rob Mullane, Community Planning and Building Services Director, asked the applicant tocollect data on water capture from fog and dew.Mr. Mullane suggested that it be best to have separate motions to approve the two items, onthe zinc roof and the other, the metal railing issue.Council Member BEACH moved to approve the zinc roof an d not th e metal railing.Motion seconded by Council Member HILLYARD. Motion carried by the following rollcall vote:Council Member Talmage introduced an amendment in th e form of an extra conditionof approval that the applicant is to collect information on water harvesting statisticsand provide that information to the City.AYES:NOES:ABSENT:ABSTAIN:

COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:

BEACH, HILLYARD, TALMAGE, THEISAND BURNETTNONENONENONE

Council recessed at 8:03p.m., and reconvened at 8:18p.m.Mayor Burnett thanked the employee groups for their cooperation in working with the cityin negotiating the MOU ' s.

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Item F was taken out oforder before item C, D, and E.

Item F. Considered Ordinance No. 2013-06 adopting and incorporating by reference Ordinance No5200 of the County of Monterey relating to the licensing of tobacco retailers. (SeconReading)Mayor Burnett opened the meeting to public comment at: 8:22p.m.Gonzalo Coronado addressed the Council and introduced additional student speakers fromthe STEP youth leader groups who were also addressed Council.Monta Potter, CEO and President of the Carmel Chamber of Commerce, addressed CouncilMayor Burnett, seeing no additional comments, closed the public comment at: 8:26p.m.Council Member HILLYARD moved to adopt on second reading Ordinance No. 201306 adopting and incorporating by reference Ordinance No. 5200 of the County oMonterey relating to the licensing of tobacco retailers. Motion seconded by CouncMember BEACH. Motion carried by the following roll call vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

BEACH, HILLYARD, TALMAGE, THEISAND BURNETTNONENONENONE

C. Set workshop on options for addressing right-of-way (ROW) encroachments.Rob Mullane, Community Planning and Building Services Director, provided a report opublic right of way issues and encroachments.Mayor Burnett opened the meeting to public comment at: 8:46 p.m.Barbara Livingston addressed Council.Mayor Burnett, seeing no additional comments, closed the public comment at: 8:48p.m.Don Freeman, City Attorney, commented that if the council chooses to pursue this issue, theeffort must be fully supported because it is a highly sensitive issue.

D. Received an update on Carmel's Water Conservation Work PlanMarch Wiener, Interim Senior Planner, presented the staff report.

E. Ratified appointments/reappointments to City Boards and Commissions.9


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Mayor Burnett opened and closed the meeting to public comment at: 9:14p.m.Council Member IDLLYARD moved to ratify appointments/reappointments to CitBoards and Commissions as presented, seconded by Council Member TALMAGEMotion carried unanimously.

IX. FUTURE COUNCIL AGENDA ITEMSReceived and filed the Council agenda forecast.Council Member HILLYARD moved to receive and file the council agenda forecastseconded by Council Member TALMAGE. Motion carried unanimously.

X. ADJOURNMENTMayor Burnett declared the meeting adjourned at: 9:16p.m.Respectfully submitted, ATTEST:

Heidi Burch, City Clerk Jason Burnett, MAYOR

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minutes city council 09-10-13

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