City Council Regular Meeting Minutes May 6, 2014 06-03-14.pdf

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    MINUTESREGULAR CITY COUNCIL MEETING

    CITY OF CARMEL-BY-THE-SEAMay 6 2014

    I. CALL TO ORDERThe regular meeting of the City Council of the City of Carmel-by-the-Sea California was heldon the above date at the stated hour of5:01 PM.

    II ROLL CALL:PRESENT: Council Members Dallas Theis Beach Vice Mayor Talmage and

    Mayor Burnett:STAFF PRESENT: Jason Stilwell City AdministratorDon Freemen City AttorneyAnita DeAmaral Deputy City ClerkMike Calhoun Public Safety DirectorRob Mullane Community Planning Building Services DirectorAI Fasulo Code Compliance Officer

    III PLEDGE OF ALLEGIANCE

    Councilmember Dallas led the audience in the Pledge ofAllegiance.IV. EXTRAORDINARY BUSINESS

    A. COMMUNITY RECOGNITION: PRESENTATION OF CERTIFICATES OFAPPRECIATION TO THE POLL WORKERS AND PRECINCTINSPECTORS FOR THE APRIL 8 MUNICIPAL ELECTION

    Mayor Burnett expressed his appreciation and provided certificates to the following pollworkers for their good work:Mitzi Daly Wendy Banks David Banks Robin Dickson June Eads Donald Kirk JohnKanalakis Kaylee Whitney Winston Jensen Lila Johnson Ronald Nicholson BruceGordon John Durein and Susan Ward.B. EMPLOYEE RECOGNITION: AL FASULO CODE COMPLIANCE

    OFFICERRob Mullane Community Planning Building Services Director expressed hisappreciation and noted that over the last eight months Mr. Fasulo has responded to over500 issues and has received many compliments.

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    Mayor Burnett expressed his appreciation for the summary that City Council and thepublic receives regarding code compliance and thanked Mr. Fasulo for treating codecompliance as a proactive item.

    V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCILMEMBERS AND THE CITY DMINISTR TORA. ANNOUNCEMENTS FROM CLOSED SESSION

    Mayor Burnett stated that the City Council met in closed session pursuant to CaliforniaGovernment Code Section 54957.6 (a) and met and conferred with Carmel-by-the-Sea MeyersMilias-Brown Act representative City Administrator Stilwell to give direction regarding theterms and conditions of all represented and unrepresented employees. There is nothing to report.B. ANNOUNCEMENTS FROM CITY COUNCIL MEMBERS

    Council Member Beach: Announced that Carmel-by-the-Sea has been ranked the third most romantic place this side

    of the hemisphere and seventh in the country for foodies by Conde N ast traveler magazine. The Citizen Trail Committee went through the list of connectivity projects and ranked themin order ofpriority. This has been run by the ad hoc committee for implementation. The Fort Ord Reuse Authority (FORA) has received three responses to their requests forqualifications for completion of the base reuse plan, and two of these respondents are greatapplicants.

    Mayor Burnett: I testified with David Stoldt and Senator Monning in Sacramento regarding SB936, whichwill provide public financing of the overall water supply project. The governance committee and Monterey Peninsula Water Authority are engaged in theselection of a firm to provide value engineering, and 30 of the design cost of thedesalination facility at the expense of Cal m Water.

    Vice Mayor Talmage noted that he is in discussion regarding the water in the Eastwoodproperty and we have reached agreement. It looks like this will go forward. Regarding the reposition of Vice Mayor TalmageMayor Burnett expressed what an honor it has been working with Vice Mayor Talmage andnoted all of the good work he has done for the City. He announced that Council Member Beachwill be the new Vice Mayor.

    C. ANNOUNCEMENTS FROM CITY DMINISTR TOR STILLWELL1 Summary ofForest Theatre facility workshopRegarding the renovation, the group met to determine whether a redesign or a renovation,and there was consensus to move forward with a renovation. This will require refiningthe assessment and repairs for certificate of occupancy in June 2014.

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    2. Agenda ForecastUpcoming agenda items include the waste hauler franchi se and an update on the use ofthe Flanders facility. Also, budget hearings are scheduled for June 10 June 14-15, andJune 17 if necessary.

    3. Summary of Quarterly ReportThis document can be found on the City web site and includes 4 areas: Key Initiatives ,Financial Summary, Department summary and Capital projects. In addition, it reflectsthat revenues are slightly above and expenses are slightly below.

    Additional comments included mention of typos in the agenda and minutes and an updateregarding technology expenditures relating to a public records act request.VI. PUBLIC APPEARANCESMayor Burnett opened the meeting to public comment at 5:32 PM. John Gray from Order of the Purple Heart thanked the City for supporting the Veteran sCemetery, spoke regarding the Purple Heart City program and asked for the City ssupport of this program. Barbara Livingston, resident, asked questions about private events in the City. Stephen Moore, resident, thanked the City Council for their good work regarding ForestTheatre. Rebecca Hannah, resident, read a letter from her husband thanking the fire department fortheir service. Christine Sandin, executive director of the Sunset Center, expressed her support for theusers af orest Theatre and announced upcoming items at the Sunset Center. Brian Cougleton spoke regarding a potential error on his part at the workshop regardingthe receipt of city documents. Julie Armstrong, Chamber of Commerce board member, Susan Love announced the upcoming dog friendly 2K run event happening next month. Carolina Bayne, resident, expressed opposition to the expenditure of the public toilets. Mike Brown, resident, requested that the agenda is posted in the post office. Yvonne Bowen thanked Council members for supporting the Forest Theatre Guild andannounced that upcoming performances will be held at Pacific Grove High School.

    Mayor Burnett closed the meeting to public comment at 5:58 PM .

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    VII. CONSENT CALENDAR

    Council Member TALMAGE moved to approve the Consent Calendar C-F and H-1,pulling Items A, B, and G. THEIS seconded the motion carried unanimously.

    A: Rl\TIFY APPROVE DIRECTION GIVEN TO STAFF RELATIVE TOTHE WASTE WATER FRANCHISE SERVICES. Pulled by Talmage.

    Council Member Talmage noted that requested to allow the City Administrator Stilwell toprovide more detail into the minutes regarding direction to staff to break down types of billsand accounts. He also noted that we need to see an option for one way service. WasteManagement indicated that their firm was willing to remove all but five instances in theirproposal; they will be sending a letter to City Administrator regarding these items.Mayor Burnett opened Consent Calendar Item A to public comment at 6:07 PM. Sue Me Cloud: Regarding Item A I was at the workshop and it ended with a list of ssueswith no vote or consensus or minutes. I think receive and file the document is fine.Regarding the beach bluff trash cans, we need daily service.Mayor Burnett closed Consent Calendar to public comment at 6:10PM.Council Member TALMAGE approved this item as amended. Council Member BEACHseconded the motion and it was approved unanimously.

    B: RATIFY APPROVE MINUTES FOR THE REGULAR MEETING OFAPRIL 1, 2014. Pulled by Beach

    Council Member Beach requested to pull from consent calendar Item B for correction; theitem adopting Resolution 2014-03 should reflect Council Member Beach as the seconder ofthe motion pp 14).Council Member TALMAGE moved to approve the Minutes for the Regular Meeting ofApril1 2014 with corrections as noted. Council Member BEACH seconded the motionand it was approved unanimously.There was no public comment regarding this item.

    G. RECEIVE PROPOSED FISCAL YEAR 2014-2015 OPERATING PLANAND BUDGET. Pulled by Member ofPublic.Mayor Burnett opened Consent Calendar Item to public comment at 6:07 PM. Sue McCloud requested not to put the budget item under consent, but provide actionreceiving the budget.

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    Mayor Burnett closed Consent Calendar to public comment at 6:10PM.Council Member DALLAS moved to receive the Draft Operating Plan and Budget.Council Member BEACH seconded the motion approved unanimously.

    VIII. ORDERS OF COUNCILA. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL

    AUTHORIZING THE ESTABLISHMENT OF NEW PARKINGENFORCEMENT TIMES OF 8:00A.M. TO 7:00P.M., AND RECEIVE ANUPDATE ON THE IMPLEMENTATION OF THE CARMEL PARKINGPLAN.

    Director of Public Safety Calhoun provided a presentation regarding the new parkingenforcement times, which reflected a public workshop on this item and included parkingenforcement and the employee parking plan:1 Extend timeline to put in place; we need the Public Services Department to changesignage.2. Look at Sunset Center for free parking for employees. There is a paid parkingordinance; I recommended we don t do enforcement and cover up signs during thetransition period.3 Opening of Junipero between Third and Sixth Streets for employees; we canimplement any time.Calhoun noted that the first step is to consider the resolution authorizing the new parkingtimes, and the second step is considering the timelines.

    Mayor Burnett opened this to public comment at 6:33 PM . Barbara Livingston: I agree with Vice Mayor Talmage to implement this after September 15 Christine Sandin, representative of Sunset Center, reminded all that the lot is utilized fortheatre parking and will need day parking for the event in July Sue McCloud noted that we need to look at the EIR for Sunset Center and liability issues forthe ambassador program. Monta Potter of the Chamber of Commerce: Push this to the end of the season, and have allitems come out at once. Todd Tice: Push to September 15 , we need to get employees out of the business district. Wecan spread the word now. Sherry Smith, business owner: I would like a chance to get the word out with businessowners. Kathy Vanderburen, resident and business representative: parking is not a problem. I don thave an issue with the new enforcement times. I am concerned about pushing people offOcean with employees parking there instead of going to Sunset Center. Richard Kreitman noted that there are places in Carmel that provide long term parking.Mayor Burnett closed this to public comment at 6:46 PM.Minutes for Carmel by the Sea Regular Meeting o Mav 6 2014 Page S

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    Council Member TALMAGE moved to approve Resolution 2014- Authorizing theEstablishment of New Parking Enforcement Times of 8:00 a.m. to 7:00 p.m.Councilmember THEIS seconded the motion which was unanimously approved.Vice Mayor Talmage moved to move forward as soon as possible with open day parking onJunipero for employees; move forward with employee parking on Sunset Center on August 22014; move forward with a marketing plan ASAP; and implement the technology system onOcean Avenue around September 15 2014.Council Member Beach seconded the motion with a friendly amendment to start Junipero openparking on August 3 2014Council Member Theis requested to amend the motion to change Junipero open parking and timeenforcement t July I 2014.Council Member Dallas requested to use post cards and place on every business door in Englishand Spanish.FINAL MOTIONCouncil Member TALMAGE moved to implement the program as follows: Eliminate time restrictions on Junipero done ASAP; Open Sunset Center for employees on August 3 2014; Start the marketing plan as soon as possible with Spanish/English materials placed atevery business; Implement time enforcement on Ocean Ave. on July 1 2014; Initiate the pilot program in mid-September.Council Member BEACH seconded the motion which was approved unanimously.

    IX. ORDERS OF COUNCILB. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO

    ENTER INTO AN AGREEMENT WITH WEST COAST FARMERSMARKET ASSOCIATION TO OPERATE THE CARMEL-BY-THE-SEAARTISAN FOOD EXPERIENCE AND FARMERS MARKET ATDEVENDORF PARK AND MISSION STREET BETWEEN OCEAN AND6 AVENUES EFFECTIVE MAY 22 2014.

    Council Member Beach to approve a Resolution of the City Council of the City of Carmel-bythe-Sea Authorizing the City Administrator t Enter into an Agreement with West Coast FarmersMarket Association to Operate the Carmel-by-the-Sea Artisan Food Experience and FarmersMarket at Devendorf Park and Mission Street Between Ocean and 61h Avenues Effective May 222014 to try as a pilot program for one half of a year and establish a data collecting group tdetermine impact on local businesses.Motion dies for lack ofa second.Minutes for Carmel by the Sea Regular Meeting o May 6 2014 Page6

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    Council Member Talmage to authorize short term move to the Park until July 1 2014 and workto collect data in the interim for the market as well as the shop owners with the hours ofoperation 9:00AM to 1 :00 PM. Theis seconds the motion. A request was provided from a Farmer s Market representative for a friendly amendment to

    change the operating hours from 10:00 AM to 2:00 PM.FINAL MOTION:Council Member TALMAGE to authorize short term move to the Park until July 1, 2014and work to collect data in the interim for the market as well as the shop owners with thehours of operation 10:00 AM to 2:00PM THEIS seconds the motion.ROLL CALL VOTE:A YES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE, BURNETTNOES: NONE.ABSENT: NONE.ABSTAIN: NONE.Mayor Burnett opened this to Public Comment at 7:14PM

    John Me Connor requested to have this item tabled until the parking issues are resolved. Sue McCloud does not support waiving the fees The following individuals expressed support for the Farmers Market:Natalie Sweet, Colleen Logan, Zurchit Peters, Lynette Zimmerman, Barbara Livingston,Jerry Cumby, Carolyn Hardy, Roberta Miller, Keith Vanderbeer, Ben Rodrigo, Allan

    Huey,. Shelby Lambert The following individuals expressed opposition to the Farmer s Market:Jim Miller, Kioshi Martinez, Khaki s, Michelle Sashon, Steve Coffman, Public Member,Cindy Lanara, Linda Miller

    Mayor Burnett closed this to Public Comment at 8:05PMIV. ORDERS OF COUNCIL

    C Status Report on Single-Use Plastic Carryout Bags Prohibition.A representative from Save Our Shores provided a presentation on this item andrecommended a ten cent fee for bags.

    Mayor Burnett opened this for public comment at 9:29 PM The following individuals expressed support for a Single-Use Plastic Carryout BagsProhibition: Moshel, a student from Congregation Temple Beth Israel, John Sapp,Barbara Livingston, Maggie from Sustainable Carmel, Christy from Eco Carmel, NellieGannon, Trisha Monee Penne

    Mayor Burnett closed this for public comment at 9:54PMMinutes or Carmel-by-the Sea Regular Meeting o May 6 2014 Page 7

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    A consensus was reached by Council Members to work on an ordinance amendment for a twentyfive cent bag fee.IV. ORDERS OF COUNCIL

    D. This item is tabled to a future meetingIV. ORDERS OF COUNCIL

    E Consideration of an Ordinance Second Reading) Amending the Carmel-by-theSea Municipal Code Making Revisions to the Building Board of Appeals andEstablishing a Process for Hearing appeals Related to Compliance with all Stateand Federal Disabled Access Requirements.Council Member Dallas moved to amend Carmelby-the-Sea Municipal Code Making Revisionsto the Building Board of Appeals and Establishing a Process for Hearing appeals Related toCompliance with all State and Federal Disabled Access Requirements.ROLL CALL VOTE:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBER:ABSENT: NONE.ABSTAIN: NONE.

    BEACH, HILLYARD, THEIS, BURNETTTALMAGE

    Mayor Burnett opened the public hearing for this item at 10:05 PMNo Public Comment.Mayor Burnett closed the public hearing for this item at 10:05 PM

    V. ORDERS OF COUNCIL

    F. EXTENSION OF URGENCY ORDINANCE NO. 2014-03 ADOPTING AMORATORIUM ON APPROVAL OF USE PERMITS FOR N W WINETASTING ROOM ESTABLISHMENTS FOR AN ADDITIONAL PERIODNOT TO EXCEED TEN MONTHS AND FIFTEEN DAYS TO ALLOWDEVELOPMENT OF REVISIONS TO THE CITY S WINE TASTINGPOLICY.

    Mayor Burnett noted that the Planning Commission can work on the details and bring backpolicy for our consideration. Putting in place this extension this will give us time to work on thedetails.

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    Mayor Burnett opened the public comment for this item at 10:21 PM Barbara Livingston stated that we need to get this right; the Planning Commission may wantto look at options. Tony Baldy, president of Haan wines expressed support for clarifying policies. Lee Rosa, property owner, noted the importance of building relationships with Haan wines.im Stemler of Monterey County Vintners asked a question regarding licenses. Carol spoke in favor ofextending the existing moratorium.Mayor Burnett closed the public comment for this item at 10:30 PM.Council Member BEACH moved to approve Extension of Urgency Ordinance No. 2014-03Adopting a Moratorium on Approval of Use Permits for New Wine tasting RoomEstablishments for an Additional Period not to Exceed Ten Months and Fifteen Days toAllow Development of Revisions to the City s Wine Tasting Policy. Council MemberTHEIS seconded the motion which was approved unanimously

    IX. FUTURE AGENDA ITEMSA. Council Agenda Forecast

    Mayor Burnett opened the public comment for this item at 10:34 PM.No Public CommentCouncil Members requests for future agenda items included Code Update 2015, key initiative toreview code for various administrative updates.

    X. RECONVENE TO CLOSED SESSION (IF NECESSARY : N/AXI. ADJOURNMENTMayor Burnett adjourned the meeting at 10:35 PM

    Respectfully submitted, ATTEST:

    Deanna Allen, Deputy City Clerk Jason Burnett, Mayor

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