minutes october 5, 6, 201511-02-15

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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

SUBJECT:

Draft Minutes of the Special Meeting o October 5 2015

Draft Minutes

o

the Regular Meeting

o

October 6 2015

RECOMMENDATION

November 2 2015

Consent Calendar

By motion to the Consent Calendar approve the Minutes

o

the Special Meeting

o

October

5

2015

and the Regular Meeting o October 6 2015.

ATTACHMENTS

1. Draft Minutes of the Special Meeting of October 5 2015

2.

Draft Minutes

o

the Regular Meeting

o

October

6

2015

APPROVED:

Date:

e z

J:it:

r

Douglas

Page 1

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MINUTES

CITY COUNCIL SPECIAL MEETING

CARMEL-BY-THE-SEA

Monday ctober

5

2015

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

CLOSED SESSION:

DRAFT

Present: Council Members Dallas, Beach, Mayor Pro Tern Talmage, and Mayor Burnett

Absent:

Staff Present:

Council Member Theis

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney

Ashlee Wright, City Clerk

Mayor Burnett announced the closed session items. There were no public comments. The Council

adjourned to closed session at 4:35 p.m.

1. Conference With Legal Counsel

A nticipated Litigation

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

54956.9: 5 cases

SPECIAL MEETING:

The Closed Session was adjourned at 5:30p.m. . Mayor Burnett called the Special Meeting to order at

5:35p m

Present:

Absent:

Staff Present:

Council Members Dallas, Beach, Mayor Pro Tern Talmage, and Mayor Burnett


Douglas J. Schmitz, City Administrator



Janet Bombard, Library and Community Activities Director

Mike Calhoun, Public Safety Director

Paul Tomasi, Police Commander

Marc Weiner, Senior Planner

Rob Mullane, Director of Public Works

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PLEDGE OF ALLEGIANCE

Mayor Burnett led the pledge

of

allegiance.

CLOSED SESSION ANNOUNCEMENTS

City Attorney

Don

Freeman reported that the Council received updates

on

5 cases for potential

litigation.

EXTRAORDINARY BUSINESS

Mayor Burnett recognized Michael Carter ,M.D. for his service to the community as

an

outgoing

Commissioner of the Forest and Beach Commission .

ANNOUNCEMENTS

Mayor Burnett provided a brief update on water related issues.

Don Freeman commented on the extensive time the Mayor spends negotiating water issues.

PUBLIC COMMENTS

Barbara Livingston asked about the status of the median lights.

DRAFT

Roberta Miller stated her concerns about overhead strings lights being used

in

courtyards and plazas

throughout the City and requested that the Council refer this issue to the Planning Commission.

---End

of

Public Comment---

CONSENT

CALENDAR

Action:

Upon a motion made by Council Member Beach, seconded by Council Member Dallas, the

Council unanimously approved the Consent Calendar with the exception of Items

7

9 10, 14, and 17,

as follows:

3.

Minutes for August 31, 2015 Special Council Meeting and September 1, 2015 Regular Council

Meeting.

Approved 4:0:1:0

4. Check Register for the Month

of

August.

Approved 4:0:1:0

5. Monthly Reports for the Month of August Approved

4:1

Council Member Theis absent

a. Contracts executed within the City Administrator s Signing Authority

b. Community Planning and Building Department Reports

c. Police, Fire, Ambulance and Beach Reports

d. Public Records Act Request Logs City Clerk and Police

e.

Forester s Report

f.

City Treasurer s Report

Approved 4:0:1:0

6.

AB

1020 Amendment to Employment Agreement with the City Administrator Regarding Annual

Management Leave.

Adopted Resolution No 2015-084 4:0:1:0

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DRAFT

7. AB 1021 Ratification o appointments

or

reappointments to the Harrison Memori

l

Library Board

o Trustees, Community Activities and Cultural Commission, and Planning Commission .

Ratified 4:0:1:0

9. AB 1023 Adoption

o

a resolution authorizing a request from the Sunset Center to 1. Close the

Sunset Center north parking lot from Friday, May 13, 2016 through Sunday May 15, 2016, or its

annual Gala event, 2. Set-up two tents in the north parking lot, 3 . Play live music and hold an

amplified auction in the Gala tent, and 4. Serve alcohol at the event. Adopted Resolution No.

2015-085, 4:0:1 :

12. AB 1026 Authorization o a Grant Application to the Community Foundation o Monterey County

in the amount o 10,000 for Scenic Pathway Improvements. Authorized 4:0:1:0

13. AB 1027 Adoption

o

Resolutions Authorizing the City Administrator to Execute Agreements with

First Alarm Security Services and Uretsky Security or Beach Enforcement for a Total Not to

Exceed Amount o 90,000 for Beach Fire Security Services. Adopted Resolutions No. 2015-

088 and 2015-089,4:0:1:0

15. AB 1029 Consideration o a two-year time extension o the Reasonable Accommodation

granted to Carmel Belle, a restaurant currently occupying the Doud Building, and

o

the City

Council directive to study and consider potential amendments to the Municipal Code restaurant

definitions. Approved 3:0:1:1 Theis absent, Talmage abstaining.)

16. AB 1030 Adoption o revised Community Activities Assistant Job Description

Adopted

Resolution No. 2015 091 4:0:1:0

he following items were removed from the agenda and will be on the Consent Calendar

nd

will be

brought to Council again in the future

8. AB 1022 Adoption

o

a revised salary range for the position

o

Project Manager.

10. AB 1024 Adoption o a Resolution extending the MOU or the LIUNA General Employees Union

and Management Employees Union, LIUNA/UPEX, Local792, AFL-CIO for 2014 to 2016.

he following items were pulled by members

of

the public or by Council Member nd taken up

separately:

11. AB 1025 Adoption o a Resolution Authorizing the City Administrator to Execute an Agreement

with Hall Landscaping Design for the Scenic Road Beach Walk Landscape Renovation or a Not

to Exceed Amount of 24,620.

Public Comment:

Barbara Livingston inquired about whether a continued maintenance program was possible.

---End Public Comment---

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DRAFT

City Administrator Doug Schmitz clarified that council cannot confine future councils to financial

obligations.

Vice Mayor Talmage noted that sprinkler technology had improved and that there is a volunteer

available for possible help with mapping out scenic pathways using Computer Aided Design

(CAD).

Mayor Burnett stated that the Shoreline Management Plan is structured to have annual reviews.

Action: Upon a Motion made by Council Member Beach, seconded by Mayor Burnett, the

Council unanimously adopted Resolution No. 2015-086 Authorizing the City Administrator to

Execute an Agreement with Hall Landscaping Design

for

the Scenic Road Beach Walk

Landscape Renovation for a Not to Exceed Amount

of

$24,620.

4: :1:

14.

AB

1028 Adoption of a Resolution Authorizing the City Administrator to Execute an Agreement

with Walker Parking Consultants for parking study services, analysis, and recommendations for

a zoned parking program in the commercial downtown for a not to exceed cost of $20,500, and

provide an update on parking management options.

Public Comment

Barbara Livingston stated the Carmel Residents Association felt that there would be no parking

problem if employees stop parking downtown, enforce parking 8am-7pm, and enforcement were

increased.

Sue McCloud stated that a previous parking study conducted by Walker Parking Consultants

indicated that 600 parking spaces were being used by employees. She further stated that none

of the previous trials have focused on employee parking and suggested that Walker Parking

Consultants work on meeting with employees to identify their needs and the City explore e an

employee parking permit system.

Jonathan Sapp stated that Walker Parking Consultants have demonstrated that they o not

understand parking issues in Carmel and suggested the City consider working with a different

consultant.

---End Public Comment---

Public Safety Director Mike Calhoun provided a brief report

on

Item 14,

AB

1028.

Council discussion followed.

Action:

Upon a motion made by Vice Mayor Talmage, seconded by Council Member Beach,

the Council unanimously adopted Resolution No. 2015-090 Authorizing the City Administrator to

Execute an Agreement with Walker Parking Consultants for parking study services, analysis,

and recommendations for a zoned parking program in the commercial downtown

for

a not to

exceed cost of$20,500, and provide an update on parking management options.

17. AB 1 31 Authorization of: 1. The process to proceed to fill certain positions that were frozen

for the first quarter

of

FY 2015-16, 2. Capital Projects funded

in

the 2015- 2016 FY Budget and

scheduled for implementation post-December 2015, and 3. the purchase and acquisition of

vehicles and equipment approved to proceed in FY 2015-2016 Budget.

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DRAFT

Mayor Burnett provided overview o Item 17 AB 1

031

and an explanation of the State's proposed

tiered rationing plans, which would avoid deleterious affects to local economy.

Doug Schmitz City Administrator provided background on budget planning process.


There was no public comment

Action:

Upon a motion made by Vice Mayor Talmage, seconded by Council Member Dallas, the

Council unanimously approved Resolution 2015-092 Authorizing 1. The process to proceed to fill

certain positions that were frozen for the first quarter o FY 2015-16, 2 Capital Projects funded in

the 2015- 2016 FY Budget and scheduled or implementation post-December 2015, and 3. the

purchase and acquisition o vehicles and equipment approved to proceed

in

FY 2015-2016 Budget.

4: :1:

FUTURE

GEND

ITEMS

Parking Plan update.

Centennial Committee update.

Updates on Staff projects.

ADJOURNMENT:

There being no further business, Mayor Burnett adjourned the meeting at 6:25p.m.

APPROVED:

Jason Burnett, Mayor

ATTEST:

Ashlee Wright

City Clerk

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MINUTES

ITY OUN IL REGULAR MEETING

CARMEL-BY-THE-SEA

Tuesday October 6 2015

CALL TO ORDER

Mayor Burnett called the Regular Meeting to order at 4:35 PM.

ROLL CALL

Present:

Absent:

Staff:

Council Members Dallas, Beach, Mayor

ProTem

Talmage, and Mayor Burnett


Doug Schmitz, City Administrator


Mike Calhoun, Public Safety Director

Paul Tomasi, Police Commander

Rob Mullane, Director of Public Works

Marc Weiner, Senior Planner


PLEDGE OF ALLEGIANCE

Doug Schmitz City Administrator led the pledge

of

allegiance.

EXTRAORDINARY BUSINESS

DRAFT

Community member Erl Lagerholm was unable to attend the meeting. Mayor Burnett stated at he and

Mayor Ta lmage would be making a home visit and at the suggestion of Barbara Livingston the

community shared in a round

of

applause

for r

. Lagerholm.

Marc Weiner introduced new planning Department employees Cortina Whitmore, Administrative

Services Coordinator and Catherine Tarone, Assistant Planner.

ANNOUNCEMENTS

Council Member Beach provided a report on the California Public Utilities Commission (CPUC) Safety

en bane and the two separate panel discussions on safety and PG E, which she attended and

participated in.

Mayor Burnett spoke to the issue of dealing with PG E and the CPUC and stated that he has drafted a

letter to President Picker of the CPUC which will be made available on the City's webpage.

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DRAFT

Talmage gave an explanation of the City's legal representation in the PG&E matter and reported that

he had an in-depth meeting with Michael Picker (prior to his becoming CPUC President) about

Carmel's issues with PG&E last summer.

Beach spoke to the issue

of

PG&E

s

definition of response time versus repair time.

Council Member Dallas announced that he and Mayor Burnett attended the Papal visit in Washington

D.C. in September. He stated that he attended League of California Cities Conference last month with

Mayor Burnett and Director of Contracts and Finance Sharon Friedrichsen and provided a brief report.

He also reported that he was at the Sandcastle Contest, thanked staff for their hard work, including

volunteer Rusty Croft, world renowned Sand Castle builder, and noted that there were a lot of out of

town participants and attendees.

Mayor Burnett provided a report on the sessions he attended at the California League

of

Cities and an

update on water related issues.

City Administrator Doug Schmitz reported Sunset Center would be holding its first public workshop for

the development of the Sunset Center Master Plan on, Tuesday, October 27, 5:30-7:30 in the lobby of

the theater. He responded to questions asked by Roberta Miller

restring

lights and Barbara Livingston

re median lights at the previous night's meeting.

Burnett stated that he had sent a letter to the governor voicing concerns about Assembly Bill 1164 re

artificial turf.

City Attorney Don Freeman reported that the Council received updates on 5 cases for potential litigation

during Closed Session. He reported on the City's efforts to enforce the short-term rental ordinance,

recommended that the Council take formal action to support State Leg

is

lation requiring internet

companies to comply with local laws, and stated that he will give either oral

or

written report at council

meetings to update community on the status of this issue.

Council discussion followed about short-term rentals.

PUBLIC PPE R NCES

Barbara Livingston and Jim Banks spoke in support of the enforcement of the short-term rental

ordinance.

Judy lvey inquired which internet companies were used to identify the 27 short-term rental violators

mentioned by City Attorney Don Freeman.

Stephen Moorer introduced PacRep Board President Carol Hall and announced a gift of 100,000 to

the Forest Theater renovation project that the anonymous donor would like to be used for the west path

and indoor theater.

Mayor Burnett commented on the anonymous donation and other potential donations.

Forest and Beach Commissioner Jeff Baron shared flyers for an Arbor Day celebration to be held

Saturday, October 24, 2015 in First Murphy Park and sponsored by the Forest and Beach Commission.

Richard Kreitman recommended that Council consider adding two words to Municipal Code C .08.070

and also the issue of selfie-sticks as a public danger be agendized in the future.

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DRAFT

---End Public Comments

ORDERS

4. Rafael Payan, General Manager of the Monterey Peninsula Regional Parks District provided a

presentation on a potential ballot measure to renew expiring funding for the Parks District.


Public Comments

Barbara Livingston stated that she felt 1) the Mission Trail Nature Preserve is Carmel's Central Park

and, 2) that there could be fundraising opportunities

or

transporting people with limited mobility

or

picnic lunches atop Palo Corona.

---End Public Comments---

Action

Received presentation.

5. AB 1032 City o Carmel-by-the-Sea Emergency Plan Update

Public Safety Director Mike Calhoun introduced Sherrie Collins, Emergency Services Manager, who

gave a brief presentation about what the county

is

doing to prepare for impending inclement weather.

Public Safety Director Mike Calhoun provided the staff report on updates to the City

o

Carmel-by-the

Sea Emergency Plan.


Public Comments

Barbara Livingston stated that she thinks it's extremely important that staff attend the California

Specialized Training Institute in San Luis Obispo for emergency preparedness.

Gabe Georis inquired as to whether anything along the main arteries in town was being done to trim

trees and branches and suggested the City consider an alternate area in Carmel to pick-up sandbags

closer

to

Mission Fields.


Action

Received presentation and report.

Mayor Burnett called a recess at 6:55p.m. The meeting resumed at 7:05p.m.

6. AB 1033 Discussion of an addition o a section to Title 8 - Health and Safety o the Carmel--the Sea

Municipal Code relating

to

smoking in the commercial and other zoning districts and on public lands

and rights-

o

-way within said districts.

Don Freeman provided the staff report and noted that a correction needed

to

be made on page 5 of the

draft for discussion purposes under the definition of downtown .

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DRAFT


Public Comments

Burnett read a letter from Richard Gray, M.D. Medical Director of the Tyler Heart Institute at Community

Hospital

of

the Monterey Peninsula.

Carl Iverson, Maggie Eaton, Barbara Livingston, and Roberta Miller spoke

in

favor of a smoking ban.

Maggie Eaton also suggested adding data from Save ur Shores and the CDC to preamble of the

ordinance.

Monta Potter of the Chamber of Commerce asked for clarification as to where people would be

permitted to smoke, should a smoking ban ordinance go into effect. She read emails from business

owners who shared their concerns with her about a smoking ban. She also stated her concerns that

this issue would divide business owners and residents .

Gabe Georis posed a series of questions to the Council.

Rich Pepe invited Council to walk the streets with him to count the cigarette butts and determine

whether smoking is a problem. He stated that the letter read by Mayor Burnett does not address

outdoor second hand smoke and recommends holding public workshops on this issue .

Soerke Peters stated that

h

supports the use of receptacles but, doesn t think that smoking is a

problem, and that City resources should be used in other ways.



Action

Upon a motion made by Council Member Beach, seconded by Vice Mayor Talmage, the

Council directed staff to bring back and ordinance substantially similar to the one provided in the packet

with an additional whereas as related to the data that Maggie Eaton highlighted both with respect to the

Save Our Shores data and CDC data.

Action

Upon a motion made by Council Member Beach, seconded by Council Member Dallas, Council

moved to direct staff to put together a receptacle program with proper signage that announces the

ordinance change city-wide in all banned areas.

FUTURE AGENDA ITEMS

Consideration

of

the Forest Theater Donation.

Council Retreat.

ADJOURNMENT There being no further business Mayor Burnett adjourned the meeting at 8:21p.m.

minutes october 5, 6, 201511-02-15

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