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MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Aprill, 2014
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 4:32p.m. Mayor Burnett called the meeting to order.
II. PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
STAFF PRESENT: Jason Stilwell , City Administrator
Don Freeman, City Attorney
Daryl A. Betancur, Deputy City Clerk
Mike Calhoun, Public Safety Director
Susan Paul, Administrative Services Director
Sharon Friedrichsen, Public Services Director
Rob Mullane, Community Planning & Building Services Director
Janet Bombard, Library Director
III. PLEDGE OF ALLEGIANCE
Council Member Hillyard led the audience in the pledge of allegiance.
IV. EXTRAORDINARY BUSINESS
A. Council Member Recognition: Steve A. Hillyard
Mayor Burnett thanked Council Member Hillyard for his service on City Council and the
Planning Commission and presented him with a plaque from the City.
B. Employee Recognition: Library Reference
City Administrator Jason Stilwell made the presentation to Library Reference and offered
congratulations on this recognition. Janet Bombard, Library Director then introduced some
ofher library staff present and made brief remarks on their services and thanked them.
C. Community Recognition: Bill Leahey -Big Sur Land Trust
Mayor Burnett presented the proclamation to Mr. Leahey and offered congratulations on
this accomplishments, with Mr. Leahey making brief remarks on this award.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND
THE CITY ADMINISTRATOR
A. City attorney, Don Freeman stated that the City Council met in closed session pursuant to
California Government Code Section 54957.6 (a) labor negotiations and that there were no
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announcements for the public.
B. Announcements from City Council members.
Council Member Beach made comments related to letters she received in support of
permanently relocating the Farmers' Market to Devendorf Park. She then spoke about the
trails mapping and connectivity project unifying social trail and that FORA's next citizen's
trails meeting is scheduled for April 11, 2014.
Council Member Theis announced the next Hospitality Improvement District (HID) meeting is April
24, 2014, 3:00p.m. at the Sunset Center.
Mayor Burnett- spoke about the recent MPR W A efforts to hire a value engineering company to
conduct a peer review of the Design Engineering of the Monterey Peninsula Water Supply project to
identify ways to save costs to get other value out of the project. Working on the Odella water
petition and there will be a community meeting April 2, 2014 which he and Vice Chair Talamage
wi ll attend and will report back.
C. Announcements from City Administrator.
1. City Administrator Stilwell summarized the March 31 , 2014 workshop discussing the
waste hauling services contract which will be in effect in 2015.
2. Agenda Forecast- Mr. Stilwell highlighted items that are corning up on future
agendas such as plastic bags, the Farmer's market, the proposed budget for
hearing in June, and announced that the City has received recognition for the
efforts. He recognized City Clerk Betancour and thanked him for his service to
the community. He spoke to the upcoming election, announcing the elections
page on the City website, and the schedule for the election night activities.
3. Operation Padre-City Administrator Stilwell asked Tess Arthur to brief the City Council
on the project.
4. 2-1-1/CAMC Presentation - Ronn Rygg spoke about the program and the partnership
with the Community Assessment for Monterey County.
5. Carmel-by-the-Sea: World' s Third Best Romantic Destination-Travel and Leisure. City
Administrator Stilwell stated that this is good for Carmel as it attracts new visitors which
in tum results in an increase in Transient Occupancy Tax (TOT) revenue.
6. Introduction of new Employees: Michael Bruno, Police Officer.
Public Safety Director Mike Calhoun introduced Mr. Bruno.
7. PG & E Update: Dawn Mathis, PG & E Local Government Relations Contact gave a
brief summary on the success ofthe PG&E's Open House where they provided the
community with answers to questions; explained how much work is left to be done; and
touched on safety protocols in place. PG & E plans to continue their weekly updates in
the Pine Cone and would like to set up a table outside of the post office for the purpose
of community outreach.
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Ross Leverett, Director of PG & E Gas Operations, gave a brief summary on different types
of services and there will be no tapping work until the City can review the Exponent
investigation report.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment.
Gary Richard Arnold- made comments relative to the Association of Monterey Bay Area
Government (AMBAG).
Barbara Livingston- announced that the Carmel Residence Association will be holding a debate
discussing water on April, 29 at Sunset Center from 6:00 p.m.-7:30p.m.
Michael Doyle- provided an update on the Scout House.
Barbra Brooks- spoke about the need to take the Ivy off the trees.
Jonathan Sapp- announced his support for the farmers' market to be permanently moved to
Devendorf Park.
Jerry Lami- Executive Director of West Coast Farmers' Market- spoke about the success of the
farmers market at DevendorfPark and would like for that to be the future location.
Ian Martin-showed his support for the Farmer's Market being moved to DevendorfPark because
of the easy access to the location.
Carol Anabie- wouJd like the Council to consider keeping the Farmer's Market at Devendorf
Park.
Sarah Wood-Editor and Publisher of Edible Monterey Bay- requested that the Farmer's Market
be moved to Devendorf Park.
Cindy Lloyd- publicly recognized Council Member Hillyard and City Clerk Betancur.
Joe Cadelago- Business Manager on behalf of Waste Management- announced the 2°d quarter
spring cleaning pickup.
Mayor Burnett, seeing no additional comments, closed the public comment
VII. CONSENT CALENDAR
Mayor Burnett asked if any council members wished to pull any items. Seeing no request from
Council to pull any items, Mayor Burnett asked if any member of the audience wish to do so.
Sue McCloud requested that items A,D, F and H be pulled for discussion.
A. Ratify Direction Given to Staff Relative to the Facilities Use Plan Workshop.
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B. Ratify the Minutes for the Regular Meeting of March 4, 2014.
C. Ratify the Minutes of the Special Meeting of March 18, 2014.
D. Ratified the bills paid for the period ofFebruary 1- February 28, 2014.
E. Received Monthly Reports.
F. Consideration of Resolution Accepting a Grant from the California State Coastal
Conservancy in the Amount of $150,000 for Construction of the Carmel Beach Restroom.
G. Consideration of a Resolution Authorizing the City Administrator to Adopt an Amendment
to an Existing Contract (ASD-PCS-PCGMB-003-2013-14) with Public Consulting Group
for the Continuation of Technical Help Desk and Information Technology (IT) System
Support in an Amount Not to Exceed $15,000.00.
H. Consideration of a Resolution Awarding a Construction Contract to Tombleson , Inc., the
Lowest Responsible Bidder for the Carmel Beach Restrooms Project for a Not to Exceed
Amount of $619,654; Approving a Not to Exceed Amount of $92,948 for Project
Contingency; and Approve a Budget Adjustment Request.
I. Consideration of a Resolution Authorizing the City Administrator to Execute a
Memorandum of Understanding (MOU) for Data Sharing Among the Carmel-by-the-Sea
Police Department and Law Enforcement Agencies within the South Bay Information
Sharing System (SBISS) South Bay Region Node.
J. Consideration of a Resolution Rescinding Resolution No. 2014-23, and Adopting a
Resolution Revising the Salary Range for the City Clerk Classification.
Seeing no other requests, Mayor Burnett entertained a motion to approve items B,C,E,G,I
and J. Vice Mayor TALMAGE moved to approve items B,C,E,G,I and J. Motion
seconded by Mayor BURNETT and carried unanimously.
Mayor Burnett invited public comment on the pulled consent agenda items.
Sue McCloud expressed her concern with the lack of community attendance at the
workshop to provide effective input to staff. She posed a question about item D, related to
the $216,000 fee; commented on item F & H related to the outflow of money.
City Administrator Stilwell stated that charges of $35,000 and $23,000 are related to legal
services associated with employment law and personnel related work; and $11,000 is
related to legal support for the public records program.
There were brief comments by the City Council related to how the records are in paper and
hence the reason why records can't be retrieved more timely.
Mayor Burnett opened and closed the public comment.
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City Administrator commented on items VII F and VII J. Mr. Stilwell stated that there have
been a number of contracts coming to the council recently that are in further compliance
with the provisions of the municipal code and that these are not necessarily reflective of
additional spending beyond what has been budgeted for.
He fmiher commented that item F is an augmentation of staff in preparation for the arrival
of the building official; that once the building official is on board those functions could be
reexamined.
Mr. Stilwell stated that with respect to item VII J, the focus is to try to attract a professional
City Clerk.
Mayor Burnett opened/closed to public comment on both of these items.
Council Member HILL YARD moved to approve items A, D, F & H from the consent
agenda as presented. Motion seconded by Council Member TALMAGE and cani.ed
unanimously. 1.12.55 video item at motion
VID. ORDERS OF COUNCIL
A. Consideration of Urgency Ordinance No. 2014-03 of the City Council of the City of
Carmel-by-the-Sea Adopting a Moratorium on Approval of Use Permit for New Wine
Tasting Room Establishments for a Period of 45 days.
Rob Mullane, Community Planning & Building Services Director presented the staff report
and spoke relative to the history, need for current policy to be refined, pending
applications; and action steps.
There were questions and comments from the City Council relative to this item including:
types of licensing, time it will take for staff to revise policy, number of tasting rooms that
hold certain licensing in City, reasons for Planning Commission's support of not having
moratorium apply to applications deemed as complete; and which were addressed by Mr.
Mullane.
Mayor Burnett opened to public comment
Barbara Livingston and Jack Galante expressed support for a moratorium.
Tom Nash and Jim Heisinger requested that those with completed applications such as
Tudor Winery be allowed to move forward.
Kim Stemler- Executive Director Monterey County Vintners & Growers Association and
Jeffrey Blair- Blair Wines spoke in support for the moratorium, and in support of allowing
those with existing applications to move forward because of all they have already invested.
Seeing no other speakers, Mayor Burnett closed to public comment.
Mr. Mullane answered questions from the Council.
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There was a significant discussion on this item by the City Council.
Mayor Burnett reopened to public comment.
Barbara Livingston-spoke her disapproval of the type of pending applications to be allowed
to move forward.
Kim Stemler-asked for clarity.
Ray Franchonie-asked for clarity on location of wineries for the 02 licensing.
Seeing no other speakers, Mayor Burnett closed public comment again.
Vice Mayor TALMAGE moved to adopt Ordinance No. 2014-03 that applies to all
applications supported by type 02 license that have not been deemed complete.
Motion seconded by Council Member HILLYARD. Motion carried by the following
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE
& MAYOR BURNETT
COUNCIL MEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCIL MEMBERS: NONE
B. Consideration of an Appeal by of the Planning Commission' s Decision to approve a Use
Permit (UP 13-17) to Establish a Retail Wine Shop with Wine Tasting as an Ancillary Use in
an Existing Commercial Space Located on San Carlos Street, Three Properties Southeast of
Fifth A venue, in the Central Commercial (CC) Zoning District. The Applicant is Firok
Shield. The Decision is Being Appealed by the Carmel Wine Walk-by-the-Sea.
This item was withdrawn by applicant.
C. Consideration of an Appeal by Christian Tudor of the Planning Commission' s Decision to
Deny a Use Permit (UP 14-02) and Commercial Sign Application (SI 14-11) for the
Establishment of a Retail Wine Shop with Wine Tasting as an Ancillary Use in an Existing
Commercial Space Located at the Northwest Corner of Mission Street and Seventh Avenue,
in the Central Commercial (CC) Zoning District. The Decision is Being Appealed by Tudor
Wines, Inc.
Vice Mayor Talmage recused himself because he lives within 500 feet of the subject property
and accordingly left the dais and room. City Attorney Freeman also recused himself because
he owns property within 500 feet of the subject property and he too left the dais and exited the
room.
Mr. Mullane presented the staff report speaking relative to the process of this item while
before the Planning Commission; attributes of the project; the newly revised application;
contentions of the appeal and other elements of the project.
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Tom Nash, attorney representing the appellants, spoke and presented a case as to why the
appeal should be granted.
Mayor Burnett opened to public comment.
Jack Galante, Celeste White, Barbara Livingston, Carolyn Hardy - spoke in support of denial
of the appeal.
Theresa Bucala, Richie Ruben, David Alexander, Catherine Franchonie - spoke in support of
the project.
Ray Franchonie-offers his services to ease the issue of Tudor wines now coming from
Monterey County.
Kim Stemler-made a comment about the current policy.
Heather Shannon-stated that she would like to put a boutique in the space Tudor Wines plans
Tom Nash-clarified that he represents Tudor Wine Inc. and states that nothing but Monterey
County Wines will be served there. Mr. Nash also discussed what determines if a wine is a
Monterey County Wine.
Seeing no other speakers, Mayor Burnett closed to public comment.
Council Member THEIS moved to remand the project to Planning Commission for
consideration of plans that were not previously reviewed with Council Member BEACH
seconding. Motion carried by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BEACH, HILLYARD, THEIS, AND
MAYOR BURNETT
NONE
TALMAGE
NONE
Vice Mayor Talmage and City Attomey Freeman retumed to the dias.
The City Council took a brief recess at 7:08p.m., and reconvened at 7:20p.m.
D. Status Report on City Lighting Policy.
Rob Mullane, Community Development and Planning Director presented the staff report
speaking relative to the history of the policy. Mr. Mullane answered questions from Council
relative to the report.
Mayor Bumett opened to public comment.
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Jonathan Sapp-reported that the holiday lighting on stores needs to be fully enforced and he
supports the lighting of the median down Ocean Avenue.
Sue McCloud-stated the history of the lighting of the median; lighting was done for
marketing; the costs of the current lighting; and the safety the lighting provides.
Menta Potter, Chamber of Commerce- spoke to the positive impact that the existing lighting
has on the City.
Jim Griffin- also noted his support for the lighting down Ocean and offered his services to
help reduce the intensity of the lighting.
Cindy Lloyd- thanked Mr. Mullane and staff for their code enforcement on the lighting
policy and stated her support to only allow lighting during the holidays.
Barbara Livingston, and Roberta Miller expressed their support for lighting during the holiday
and not year-round.
Richard Kreitman-summarized his support for lighting down the median year-round.
Seeing no other speakers, Mayor Burnett closed to public conunent.
There was an extensive discussion about the City Lighting Policy; lights off on interim
basis; study of the lighting; commercial design guidelines need to be redone and referred back
to the Planning Commission; and requested an estimated cost for median beautification to put
into the Capital Improvement Program and Operations Budget.
No action was taken on this item; the report was received and filed.
E. Discussion of Parking Management Plan and Provide Direction. (Key Initiative)
Mike Calhoun, Public Safety Director, presented the staff report and highlighted three options of
the plan: 1) Extended enforcement of time limits from 6:00 p.m. to 9:00 p.m.; 2) Establish
Parking plan for employees; and 3) Consider a paid on-street parking system.
There were several questions from the City Council related to the plans to which Chief Calhoun
provided answers.
Mayor Burnett opened to public comment.
Gaston Georis-expressed his support for a parking plan for employees and his disapproval for
extended enforcement of time limits.
Steve Summers, Lucas Austin, Fred Kern-all spoke in support of all options being implemented
together for the most effective results.
Richard Kreitman and a resident -spoke against extending enforcement of time limits from 6:00
p.m. to 9:00p.m.
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Monta Potter- posed questions to the Council on regarding the parking fund, she also suggested
valet parking as an option, and an employee meeting.
Jim Griffin- announced the offeting of space for an employee meeting.
Seeing no other speakers, Mayor Burnett closed to public comment.
City Administrator Stilwell made comments regarding the parking fund stating the fund is to be
used for parking mitigation. He stated that the parking fund is separate from the CIP. There was
a lengthy discussion about this item with the City Council commenting related to: implementing
several options at once, employee incentives, pilot program, and paid parking as a push to free
spaces up downtown.
Chief Calhoun answered the City Council questions relative to a pilot program.
Council Member BEACH moved to direct staff to start the implementation of the items for
parking management on staff-recommended list, except to modify Option #1 to end at 7
p.m. and for the pilot parking component to include both sides of Ocean Avenue from
Junipero to Monte Verde and for Option #3 to minimize the number and visibility of the
parking machines. Motion seconded by Council Member TALMAGE and carried by the
following roll call vote:
A YES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
BEACH, HILLYARD, THEIS, TALMAGE
AND MAYOR BURNETT
NONE
NONE
NONE
F. Consideration of Approval of the Annual Hospitality Improvement District (HID) Report
and Annual Council Review of the Assessment.
Council Member Theis recused herself because this item directly affects her and accordingly left
the dais and room.
The staff report was presented by Mr. Stilwell, City Administrator.
Mayor Burnett opened the item to public comment and had no requests to speak.
Council Member TALMAGE moved to receive the Annual Hospitality Improvement
District Report and approve the annual assessment with Council Member BEACH
seconding. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
BEACH, HILLYARD, TALMAGE, AND
MAYOR BURNETT
NONE
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ABSTAIN: COUNCIL MEMBERS: THEIS
ABSENT: COUNCIL MEMBERS: NONE
Council Member Theis returned to the dias at 10:00 p.m.
G. Consideration of an Ordinance Amending the Carmel-by-the-Sea Municipal Code Making
Revisions to the Building Board of Appeals and Establishing a Process for Hearing Appeals
Related to Compliance with all State and Federal Disabled Access Requirements.
Mr. Mullane presented the staff report including a summary of issues with the cunent Building
Board of Appeals: 1) narrow requirements ofmembership; 2) lack of a board; 3) appeals
currently defaulting to Planning Commission.
Mayor Burnett opened to public comment.
Fred Kern-addressed the importance ofhaving a Building Board of Appeals.
Mayor Burnett closed to public comment.
Council Member IDLL YARD moved to approve the first reading of an Ordinance Amending
the Carmel-by-the-Sea Municipal Code making revisions to the Building Board of Appeals and
establishing a process for hearing appeals related to compliance with all State and Federal
Disabled Access Requirements, except to modify membership to require one licensed engineer
instead of a civil or structural engineer. Motion seconded by Council Member THEIS and
carried by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
BEACH, HILLYARD, THEIS, AND
MAYOR BURNETT
TALMAGE
NONE
NONE
H. Consideration of an Ordinance Amending Title 15 of the Carmel-by-the Sea Municipal Code
Reflecting the Previous Adoption ofthe 2013 California Energy and Mechanical Codes.
Mayor Burnett opened the item to public comment and had no requests to speak.
Council Member HILLYARD moved to adopt Ordinance Amending Title 15 of the Carmel-by-
the Sea Municipal Code reflecting the previous adoption of the 2013 California Energy and
Mechanical Codes. Motion seconded by Council Member BEACH and canied by the following
roll call vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
10
BEACH, HILLYARD, THEIS, TALMAGE
& MAYOR BURNETT
NONE
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ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IX. FUTURE COUNCIL AGENDA ITEMS
There were no items added for future City Council agendas.
X. RECONVENE TO CLOSED SESSION OF NECESSARY)
XI. ADJOURNMENT
Seeing no further business before the City Council, Mayor Burnett declared the meeting
adjourned at 10:55 p.m.
Respectfully submitted, ATTEST:
Deanna Allen, Jason Burnett, MAYOR
Acting Deputy City Clerk
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