minutes december 2013 01-07-14

8/13/2019 Minutes December 2013 01-07-14

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MINUTESREGULAR CITY COUNCIL MEETINGCITY OF CARMEL-BY-THE-SEDecember 3 2013

I. CALL TO ORDER

II.

The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, washeld on the above date at the stated hour of 4:33 p.m. Mayor Burnett called the meeting toorder.

PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage andMayor Burnett.ABSENT: NoneSTAFF PRESENT: Jason Stilwell, City Administrator

Don Freeman, City AttorneyDaryl A. Betancur, Deputy City ClerkMike Calhoun, Public Safety DirectorSusan Paul, Administrative Services DirectorSharon Friedrichsen, Public Services DirectorRob Mullane, Community Planning Building Services DirectorMarc Wiener, Senior Planner

III. PLEDGE OF ALLEGIANCEDaryl Betancur, Deputy City Clerk led the Council and audience in the Pledge ofAllegiance.

IV. EXTRAORDINARY BUSINESSA. Employee Recognition: Sgt. Luke Powell, Cpl. Steve Rana, Officer Chris Johnson andDispatcher Dawn Almario.

City Administrator Stilwell made brief remarks about the recipients stating that they wantto recognize their efforts for their work in last month s Jewelry Store robbery. ChiefCalhoun also made remarks about these individuals and congratulated them for their quickresponse.B. Conimunity Recognition: Marian M. Leidig 1o th Birthday.

Vice Mayor Talmage commented that due to health reasons Ms. Leidig could not bepresent and that the bouquet of flowers will be delivered to her home. He provided her P0 Box 5565 so that those who know Ms. Leidig can send cards.

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


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City attorney, Don Freeman, read the items into the record and stated that there are noreports for the public; that for the Flanders item there were only four members of theCouncil present as Mayor Burnett recused himself due to potential conflict and thathe has not participated in any of the discussions regarding Flanders.City Attorney Freeman announced that the legal matter regarding the property taxassessment fee between the County and the Monterey County cities has been settledand that the city received three years of the tax itself plus 7% interest; that the cityreceived 35,000 approximately; that they had actually asked for a full six years and7% but the settlement was for three years plus 7 .Mayor Burnett stated that he had an announcement regarding the CityAdministrator' s closed session item and read a statement into the record indicatingthat the City Council had completed the City Administrator's performance evaluationon December 2, 2013 and that the final assessment was approved by the City Counciland that Mr. Stilwell s performance in his tenure in Carmel has been excellent andimpressive.

B. Announcements from City Council membersCouncil Member Beach stated that she too rs rn concurrence with the Mayor sstatements regarding Mr Stilwell's performance and that it is a pleasure working withMr. Stilwell. Regarding other announcements, Ms. Beach stated that she iscoordinating the Colloquium through FORA that is coming up and that is open to all;and that people can get more information by going to FORA.orgVice Mayor Talmage reminded everyone about the City's Tree Lighting event onFriday, December 6. He also commented on the City Administrator s performanceand read a statement into the record relative to the provisions of the an1endedagreement for the City Administrator. Mr. Talmage also praised Mr. Stilwell'sperformance indicating that the expectations were high and that he has certainly metthe council s expectations; that Mr. Stilwell will be expected to step up to the plateand fill the void that will be left by Mr. Meurer's (Monterey City Manager)retirement at the end of this month.Council Member Hillyard also praised Mr. Stilwell' s performance and stated that Mr.Stilwell has worked very hard and that he is very well organized with clear lines ofauthority, clear lines of responsibility and that there is a customer focus now that he ison board.Council Member Theis announced that Mr. Burghardt sent out an email about theCarmel micro website and that within a few days it will be on-line and people canvisit carmelcalifornia.com; Ms. Theis further commented on Mr. Stilwell's jobperformance offering words ofpraise for his leadership and focus.Mayor Burnett stated that he had two announcements regarding water: 1 that he hadattended a PUC meeting in San Francisco and that they had informed the ALJ(Administrative Law Judge) that the sizing of the plant needs to take intoconsideration economic rebound; and that the plant size needs to accommodate thelots of record; 2) that Cal-AM has been engaged in an RFP process to build the Desai


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facility and that the governance group which he chairs on behalf of the Mayors hasprovided recommendations into that process relative to the firms, the interviewprocess and that now they have a seat at the table and are able to more collaborativelyprovide valuable input.C. Announcements from City Administrator.

1 City Administrator Stilwell provided a rief update on the key initiatives indicatingthat at the beginning of the year the council had adopted eight key initiatives. Heprovided a riefrecap of each one.

2 Summary Report from Monday s WorkshopCity Administrator Stilwe11 provided a summarized report relative to the Mondayworkshop on key initiatives.

3. Agenda Forecast- Mr Stilwell made rief comments relative to the forecasthighlighting projects related to key initiatives and when these will be comingforward.

4 City Administrator made rief remarks on upcoming recruitments.VI. PUBLIC APPEARANCES

Mayor Burnett opened the meeting to public comment at: 5:17p mDarby Bosworth spoke relative to wanting the City Council to adopt a resolution relative to aconstitutional amendment to override the Citizens United Decision.Peggy Olson spoke about a resolution regarding Fukushima and the impact locally.

Christine Sandin make announced upcoming events at the Sunset Center during the holidays.Norm Merritt, Vice Chair of the Carmel Chamber of Commerce thanked the council for itspartnership with the Chamber ofCommerce.Jan Weathers representing the Carmel Heritage Society spoke about the Inns of distinctionevent.Adrian Henning member of Sustainable Carmel spoke about the parking workshop held theday before and thanked the council for it.

Jay Gentry made comments about the parking workshop and sustainability issues requestingthat something related to green building is included in the key goals as part of communitycharacter.Joe Catalougo representing Waste Management spoke about the upcoming E-waste collectionrecycling event.Mayor Burnett, seeing no additional comments, closed the public comment at 5: 34 p m

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Vll CONSENT CALENDAR- 5:35 pmMayor Burnett read the consent agenda items into the record and asked if any councilmembers wished to pull any items with Ms. Beach indicating she wished to pull items F Hand had a question on I; and Vice Mayor Talmage wishing to pull items K R. MayorBurnett asked if any member of the public wished to pull any items.A. Ratified the minutes for the regular meeting ofNovember 5 2013 .B. Ratified the bills paid for the period ofAugust 16-31 and October 1 - October 31, 2013.C Ratified direction given to staff relative to Parking Management Workshop discussion ofNovember 4, 2013.D Received Monthly Fire and Ambulance reports.E Received Monthly Code Compliance update.F Received Public Records and Media Request Log. PULLED)G Received and filed update on upcoming General Municipal Election to be held on April 82014.H. Considered Resolutions adopting regulations for candidate statements and approving for aprocedure for detennining by lot a tie among candidates at the April 8 General MunicipalElection. PULLED)I. Considered a Resolution approving the regular meeting schedule of the City Council for2014.J Considered a Resolution adopting regulations for candidate and providing for aprocedure for detennining by lot a tie among candidates at the April 8, 2014 GeneralMunicipal Election.K Received and filed the 2013 Pavement Management Program update report. PULLED)L Considered a Resolution authorizing the purchase of three 3) Ward Diesel Filter Systemsto replace the current filtration system used with the ambulance and both fire engines.M Considered a Resolution authorizing City co-sponsorship with the Library Board of

Trustees and the Cannel Public Library Foundation ofthe Annual Donor Salute event.N. Considered a Resolution approving the use of the Sunset Center Theater lobby by theCannel Foundation on January 30, 2014 for its annual meeting.0 Considered a Resolution authorizing the City Administrator to amend an existing contractwith MarTech Inc., for on-going Information Technology Support Services.

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P Considered a Resolution adopting and including performance indicators for the SunsetCenter Inc. Operating Agreement.Q C Consideration of a Resolution amending the City s position classification and salaryplan by adopting the jo description and salary range for Public Services MaintenanceWorker I and II.R. Consideration of a Resolution approving the Relais and Chateaux GourmetFest 2014.

PULLED)Council Member Beach asked a question relative to item I the council meeting schedulewith Mr. Stilwell clarifying that the meetings are the first Tuesday of the month; and thatthe provisions of the Municipal Code were included with the agenda item.Council Member THEIS moved to approve the Consent Calendar items A-E G, I, Jand L-0 with Council Member BEACH seconding. Motion carried unanimously.

VII. F) Received Public Records and Media Request Log.Council Member Beach stated that she would like to request an additional formatting toreflect how much time and money we are spending on this to accurately budget for it;perhaps adding a column or two to reflect time and money spent.Mayor Burnett opened to public comment at 5:46 p.m., seeing none e closed to publiccomment at 5:46 p.m.Council Member HILLYARD moved to receive and f tle the public records andmedia request log with Vice Mayor TALMAGE seconding. Motion carriedunanimously.

VII. H) Considerations of Resolutions adopting regulations for candidate statements and providingfor a procedure for determining y lot a tie among candidates at the April 8 2014 GeneralMunicipal Election.Council Member Beach commented that what happens when we have more than twopeople who might tie.City Administrator Stilwell provided the staff report indicating that this action sets up theground rules for handling tie votes prior to the election and it is council s discretion toarticulate how to address a tie or multiple ties.Mayor Burnett opened to public comment at 5:48 p.m.Sue McCloud commented about the tie vote procedure stating that how do we determine atie if there is more than two people who tie.Mayor Burnett closed to public comment at 5:50 p.m.Council Member Beach stated that she is in agreement of approving this for a simple caseut that there should be a way to resolve a tie vote in a more complex case.

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There was a brief discussion relative to the process including rank-choice voting, bestpractices and other methods to resolve a tie vote.City Attorney Freeman indicated that we are a general law city and that we are bound bythe Government Code and Elections Code.Deputy City Clerk Betancur indicated that with this Resolution you have two options: 1either by lot or 2 run-off election considering the implications of the cost associated withsuch an election.Vice Mayor TALMAGE moved to adopt Resolution s presented. Council MemberBE CH seconded. Motion carries unanimously.

VII. K) Receive and file the 2013 Pavement Management Program update report.Vice Mayor Talmage commented that he did not want this to be overlooked because it hasa significant financial impact to the City. He summarized the report by stating that wehave 27 miles of roads within one square mile that the condition of the roads haveconsistently been in decline from 74% to 63%; that in essence they have declined by 12%;he indicated that according to the report, the city will need to spend about 1 to 1.2 milliondollars to upkeep the roads and that we are currently spending 800,000 which means weare going to have to find another 400,000 roughly every year for the next 12-15 years tomaintain the roads.City Administrator Stilwell presented the staff report and indicated that the last roadassessment was done in 2007 and that the council wanted to update it to get more accurateinformation. He spoke about the lower pavement index and how the document will beused to drive the Capital Improvement Plan.r. Sherman Low, City Engineer stepped up to the podium and answered council's

questions relative to the pavement index, conditions of the road and other elements of thereport.Mayor Burnett opened to public comment at 6:05 p.m.Sue McCloud stated that there should be a correlation between the conditions of the roadand how that road is used.A lengthy discussion ensued relative to the scheduling of road work, budgetaryconsiderations and unfilled backlog as well as priorities.Mayor Burnett closed to public comment at 6:08 p.m.Vice Mayor T LM GE moved approval on item K seconded by Council MemberBEACH. Motion carried unanimously.

VII. R) Consideration of a Resolution approving the Relais Chateau GourrnetFest 2014.

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City Administrator Stilwell presented the staff report stating that this is a new event for theSunset Center and that Janet Bombard will present the staff report and that Mr. Fink theapplicant is also here to address council s questions.Janet Bombard presented the report summarizing the main points such as: affordabletickets; waiver of sponsorship fees for the first year; advertising; coincidence with theSmuin Ballet event; displacement of the Farmer s market; ending times; parking; logisticsof the event and other specifics surrounding this eventBoth Christine Sandin, Executive Director of the Sunset Center and Mr. David Fink,applicant and event organizer answered council s questions relative to the concerns of thecouncil and the community about noise; parking; refrigerator trucks; impact onsurrounding neighborhood and the Smuin Ballet event; delivery of equipment; setting upof tents; hours for setting up; hours for break-down of equipment; valet parking;affordable tickets and a host of other critical issues.There was an extensive discussion with comments and questions from members of thecouncil to both staff and event organizers.Mayor Burnett stated that for the record a letter has been received on this item from theSmuin Ballet.Mayor Burnett opened to public comment at 6:25 p mBarbara Livingston commented that she supports the Smuin Ballet and that why anotherday could not be found for the GourmetFest.Rich Pepe stated that he is in support of the GourmetFest and what it will do for Carmel.Bill Hill read a statement into the record relative to impacts on the community.Meredith Crowell owner of Linen s and Such spoke relative to the impact on her shop andthe multitude ofparking problems.Karen D. Kadushin member of the Board of Trustees of the Smuin Ballet addressed thecouncil relative to the scheduling conflict with the GourmetFest event.Christine Sandin, Executive Director of the Sunset Center stated that March dates arealways in conflict with other events every single weekend; and that if this is going to be ayearly event, then more interactive discussion needs to happen amongst all partiesinvolved to ascertain how multiple events can be held at the Sunset Center concurrently.Sue McCloud made comments related to this event in terms of parking, scheduling andaccommodating the needs ofboth the GourrnetFest and the Smuin folks.Mayor Burnett closed to public comment at 6:49 p m r. Fink answered questions fromcouncil related to the concerns raised during the public comment relative to valet parking,noise; refiigerator trucks and location for drop off for the va let.Mayor Burnett read a statement into the record fiom Celia Fushille from the Smuin Ballet.

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Mayor Burnett summarized the three conditions asked for by Ms. Kadushin in order toaccommodate the needs of the Smuin Ballet as follows: 1 Pay for valet parking for allBallet ticket holders on the two days of the event and provide valet parking at the SanCarlos lot regular drop off; 2 provide notice to all tickets holders of the availability ofparking and to provide sufficient valet parking capacity to deal with the traffic flow (northparking Jot not available); and 3) to provide all other available spaces for all Smuin Balletstaff.The discussion continued with additional questions from the City Council to the presenterwith Ms. Beach seeking clarification relative to the dates going forward; with Vice MayorTalmage seeking clarification on generators and requesting that the event promoterdesignates someone as a point of contact that can handle on the ground problems; and Mr.Hillyard stating that this event will e good for the community. Council Member Theisstated that the purpose of the HID is to bring this kind of events locally and that thescheduling can work because the events are at different times.Mayor Burnett proposed to outline the conditions imposed with Janet Bombardsummarizing the conditions from the CACC as follows: 1 recommend waive the fees upto $5,000 and that going forward any potential waivers be considered only after thecouncil has seen revenues; 2 that there are affordable tickets for the community and theadditional four conditions included in the Resolution.Mayor Burnett clarified the time frames of the event as: 1 event should be done y 9:00p.m.; 2) 10:00 p.m. is the time when the break-down and clean-up needs to e finished yregardless of when the dinner is finished; 3) everything needs to be done and cleared by11:00 p.m.; and the tent needs to e taken down and removed y Tuesday, April 1, whichis a clarification to condition 3. Additionally, as condition 4, the council imposed acondition on music stating that they comply with the requirements of the live-musicordinance; and 5) that the GourmetFest pay for valet parking for Smuin Ballet ticketholders and provide sufficient capacity of valet parking at the main San Carlos entrance;and 6 that the applicant provide notice to all ticket holders of Smuin Ballet of valetparking and information on how to avail oneself to that; 7 that the applicant would workwith SCC to provide all available spaces on the SCC campus for the use of the SmuinBallet staff and related activities.Mayor Burnett reopened to public comment at 7:25p mBill Hill thanked the Council for crafting a compromise and addressing the needs andconcerns of the local residents.Lee LaRue made comments relative to the affordability and availability of tickets for localresidents.Rich Pepe commented that as it relates to the non-profit that the applicant considers a localnon-profit.Barbara Livingston commented that the council should do a critique following this eventwhen is fresh on people' s minds.

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Meredith Crowell spoke relative to parking and asked where will the people who work inthe stores and in the restaurants park and suggested that perhaps the council can bring theshuttle service.Karen D. Kadushin spoke about not having conflicting dates for events but that with openand better communication concurrent events can take place at SCC.Mayor Burnett seeing no other public comments, closed to public comment at 7:39p mVice Mayor Talmage indicated that he would like to add another condition to this perhapscall it a good neighbor policy which has four components: 1 that Mr. Fink and theFarmer s market resolve any open issues; 2) that the applicant appoints a point person forcomplaints; 3) that the neighbors ought to know who the point of contact is and that theyshould know that if there is a noise problem to call the police department non-emergencynumber; and 4) the clean-up crew should do so quietly; and 5) that we need to set up atime to start working in the morning that meets the needs of the applicant and theneighbors and that time should be set at 8:00a.m.Mayor Burnett indicated that in accordance with the fee waiver policy the selected nonprofit is encouraged to be a local non-profit.Council Member HILLYARD moved to approve the Resolution approving the RelaisChateau GourmetFest 2014 with the added conditions Motion seconded by ViceMayor TALMAGE and carried unanimously

VIII ORDERS OF COUNCILA Discussion ofparking analysis and provide direction.

City Administrator Stilwell provided the staff report highlighting some of the aspects ofthe report stating that in summary this summer we were studying the problem, a consultantwas hired and they prepared a report; that there was discussion and input from thecommunity; that the goal here s to seek council s ideas in three key areas: 1 policy goals;2) framework; and 3) elements of an ideal system.

r. Stilwell indicated that as far as timing is concerned, there could be someimplementation steps: 1 short-tern changes before the upcoming visitor season; 2)conduct other analyses with other parking experts; and 3) capital improvements projects orsome required permitting processes to implement other improvements. In summary thereport will have a range of short-term and long-term implementation options.Mayor Burnett opened the meeting to public comment at 7:54p mBarbara Livingston made comments about parking stating that every town has a parkingproblem; that we have plenty of parking but is all taken by employees who carne to workhere.Meredith Crowell stated that the available parking is taken by employees; she suggestedperhaps issuance of employee parking stickers or use of a shuttle system with a designatedparking area such as sec parking lot.

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Seeing no further comments, Mayor Burnett closed the meeting to public comment at 7:59p.m.Vice Mayor Talmage stated that the main problem is employee parking and that if wecould get the cars off the street we could have sufficient parking; suggested that SCCNorth Parking lot could be a short-term answer. Mr. Talmage also indicated that this couldbe placed on the city s list of key initiatives.There was a substantive discussion on this item with members of the City Council makingcomments on a number of topics including: the need to have action plan, taking concretesteps, utilizing technical tools to invest in the infrastructure. City Administrator Stilwellindicated that technological improYements cost money and that this is not designed to be aprofit center.Mayor Burnett reopened to public comment at 8:20p mMeredith Crowell stated that perhaps the employee parking sticker idea could be tied tothe renewal of business license in order to ascertain the number of issued parking stickersand thus collect a fee.Mayor Burnett seeing no additional public comments closed to public comment at 8:21p.m.Mayor Burnett remarked that we need n action plan that will have concrete steps; thatcould be implemented in phases; that there are some things we can do now and somethings later; that we need to assess how a particular change will affect parking. Further, hestated that the action plan should be based on a principle of adaptive change over timebecause economic conditions and other conditions will change.Vice Mayor TALMAGE moved to approve with given additions and direction asfollows: 1 adaptive plan; 2) staged phased action plan; 3) focus on employee parkingissue; and 4) include range of technological tools. Council Member BEACHseconded. Motion carries unanimously.

B. Consideration of a Resolution amending Employment Agreement of City Administrator.Mayor Burnett stated that the council had met regarding this item; that the council hadformed an ad-hoc committee to review and that now we are bringing this item with certainrecommendations.Vice Mayor Talmage read a statement into the record with the recommendation forchanges to the City Administrator s agreement; spoke with specificity about the provisionsthat are part of the agreement and explained the rationale behind each.Mayor Burnett opened and closed to public comment at 8:36 p.m.Council Member HILLYARD moved to adopt Resolution as presented. Motionseconded by Council Member BEACH and carried unanimously.

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A short break has been scheduled. Items after break will not start before 6:00 p.m.Council did not recess to a brake)C Adoption of an Ordinance Second Reading) amending Title 8 and Title 15 of the Carmelby-the-Sea Municipal Code and adopting the 2013 California Building, Residen6al,Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes withAmendments. Second Reading and adoption)

There were no questions for staff.Vice Mayor TALMAGE moved to approve second reading Ordinance as presented.Seconded y Council Member BEACH and carried by the following roll call vote:AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN:COUNCIL MEMBERS:

IX. FUTURE COUNCIL AGENDA ITEMSA. Receive the Council agenda forecast.

BEACH, HILLYARD, THEIS, TALMAGEMAYOR BURNETTNONENONENONE

Mayor Burnett asked if members of the public wished to suggest any items be included inthe agenda forecast, seeing none he opened/closed to public comment at : 9p.m.There were several comments made by members of the council regarding the format,value and purpose of the forecast with particular discussion on the relevance of the itemsincluded to actual processes, projects and programs Mr. Stilwell , City Administratorstated that the nature of document is more or less an agenda management tool and itspurpose is to inform the public what is coming on the agenda.

X. ADJOURNMENTSeeing no further bu siness before the City Council, Mayor Burnett declared the meetingadjourned at 9:00 p.m.

Respectfully submitted,

Daryl A Betancur, CMCDeputy City Clerk

ATTEST:

Jason Burnett, MAYOR

minutes december 2013 01-07-14

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