MINUTES REGULAR CITY COUNCIL MEETING CITY OF CARMEL-BY-THE-SEA December 3, 2013

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 4:33 p.m. Mayor Burnett called the meeting to order.
II. PRESENT:

Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and Mayor Burnett. None

ABSENT:

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 Marc Wiener, Senior Planner III. PLEDGE OF ALLEGIANCE

Daryl Betancur, Deputy City Clerk led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS A. Employee Recognition: Sgt. Luke Powell, Cpl. Steve Rana, Officer Chris Johnson and Dispatcher Dawn Almario.

City Administrator Stilwell made brief remarks about the recipients stating that they want to recognize their efforts for their work in last month's Jewelry Store robbery. Chief Calhoun also made remarks about these individuals and congratulated them for their quick response. B. Conimunity Recognition: Marian M. Leidig 1oath Birthday. Vice Mayor Talmage commented that due to health reasons Ms. Leidig could not be present and that the bouquet of flowers will be delivered to her home. He provided her P. 0. Box 5565 so that those who know Ms. Leidig can send cards.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR A. Announcements from Closed Session.

City attorney, Don Freeman, read the items into the record and stated that there are no reports for the public; that for the Flanders item there were only four members of the Council present as Mayor Burnett recused himself due to potential conflict and that he has not participated in any of the discussions regarding Flanders. City Attorney Freeman announced that the legal matter regarding the property tax assessment fee between the County and the Monterey County cities has been settled and that the city received three years of the tax itself plus 7% interest; that the city received $35,000 approximately; that they had actually asked for a full six years and 7% but the settlement was for three years plus 7%. Mayor Burnett stated that he had an announcement regarding the City Administrator' s closed session item and read a statement into the record indicating that the City Council had completed the City Administrator's performance evaluation on December 2, 2013 and that the final assessment was approved by the City Council and that Mr. Stilwell's performance in his tenure in Carmel has been excellent and impressive. B. Announcements from City Council members Council Member Beach stated that she too rs rn concurrence with the Mayor's statements regarding Mr. Stilwell's performance and that it is a pleasure working with Mr. Stilwell. Regarding other announcements, Ms. Beach stated that she is coordinating 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.org Vice Mayor Talmage reminded everyone about the City's Tree Lighting event on Friday, December 6. He also commented on the City Administrator's performance and read a statement into the record relative to the provisions of the an1ended agreement for the City Administrator. Mr. Talmage also praised Mr. Stilwell's performance indicating that the expectations were high and that he has certainly met the council's expectations; that Mr. Stilwell will be expected to step up to the plate and 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 of authority, clear lines of responsibility and that there is a customer focus now that he is on board. Council Member Theis announced that Mr. Burghardt sent out an email about the Carmel micro website and that within a few days it will be on-line and people can visit carmelcalifornia.com; Ms. Theis further commented on Mr. Stilwell's job performance offering words of praise for his leadership and focus. Mayor Burnett stated that he had two announcements regarding water: 1) that he had attended 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 into consideration economic rebound; and that the plant size needs to accommodate the lots of record; 2) that Cal-AM has been engaged in an RFP process to build the Desai

facility and that the governance group which he chairs on behalf of the Mayors has provided recommendations into that process relative to the firms, the interview process and that now they have a seat at the table and are able to more collaboratively provide valuable input. C. Announcements from City Administrator. 1. City Administrator Stilwell provided a brief update on the key initiatives indicating that at the beginning of the year the council had adopted eight key initiatives. He provided a brief recap of each one. 2. Summary Report from Monday ' s Workshop City Administrator Stilwe11 provided a summarized report relative to the Monday workshop on key initiatives. 3. Agenda Forecast- Mr. Stilwell made brief comments relative to the forecast highlighting projects related to key initiatives and when these will be coming forward. 4. City Administrator made brief remarks on upcoming recruitments. VI.
PUBLIC APPEARANCES

Mayor Burnett opened the meeting to public comment at: 5:17p.m. Darby Bosworth spoke relative to wanting the City Council to adopt a resolution relative to a constitutional 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 its partnership with the Chamber of Commerce. Jan Weathers representing the Carmel Heritage Society spoke about the Inns of distinction event. Adrian Henning member of Sustainable Carmel spoke about the parking workshop held the day before and thanked the council for it. Jay Gentry made comments about the parking workshop and sustainability issues requesting that something related to green building is included in the key goals as part of community character. Joe Catalougo representing Waste Management spoke about the upcoming E-waste collection recycling event. Mayor Burnett, seeing no additional comments, closed the public comment at 5: 34 p.m.

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CONSENT CALENDAR- 5 :35 pm Mayor Burnett read the consent agenda items into the record and asked if any council members wished to pull any items with Ms. Beach indicating she wished to pull items F & H and had a question on I; and Vice Mayor Talmage wishing to pull items K & R. Mayor Burnett 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 of August 16-31 and October 1 - October 31, 2013. C. Ratified direction given to staff relative to Parking Management Workshop discussion of November 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 8,

2014.
H. Considered Resolutions adopting regulations for candidate statements and approving for a procedure for detennining by lot a tie among candidates at the April 8, General Municipal Election. (PULLED)

I.

Considered a Resolution approving the regular meeting schedule of the City Council for 2014. Considered a Resolution adopting regulations for candidate and providing for a procedure for detennining by lot a tie among candidates at the April 8, 2014 General Municipal Election.

J.

K. Received and filed the 20 13 Pavement Management Program update report. (PULLED)
L. Considered a Resolution authorizing the purchase of three (3) Ward Diesel Filter Systems to 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 the Cannel Foundation on January 30, 2014 for its annual meeting.
0. Considered a Resolution authorizing the City Administrator to amend an existing contract

with MarTech Inc., for on-going Information Technology Support Services.

P. Considered a Resolution adopting and including performance indicators for the Sunset Center Inc. Operating Agreement.

Q. C Consideration of a Resolution amending the City' s position classification and salary

plan by adopting the job description and salary range for Public Services Maintenance Worker 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 schedule with Mr. Stilwell clarifying that the meetings are the first Tuesday of the month; and that the 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, J, and 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 to reflect 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 be closed to public comment at 5:46 p.m.
Council Member HILLYARD moved to receive and f.tle the public records and media request log with Vice Mayor TALMAGE seconding. Motion carried unanimously. VII. (H) Considerations of Resolutions adopting regulations for candidate statements and providing for a procedure for determining by lot a tie among candidates at the April 8, 2014 General Municipal Election.

Council Member Beach commented that what happens when we have more than two people who might tie. City Administrator Stilwell provided the staff report indicating that this action sets up the ground rules for handling tie votes prior to the election and it is council's discretion to articulate 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 a tie 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 case but that there should be a way to resolve a tie vote in a more complex case. 5

There was a brief discussion relative to the process including rank-choice voting, best practices and other methods to resolve a tie vote. City Attorney Freeman indicated that we are a general law city and that we are bound by the Government Code and Elections Code. Deputy City Clerk Betancur indicated that with this Resolution you have two options: 1) either by lot or 2) run-off election considering the implications of the cost associated with such an election.
Vice Mayor TALMAGE moved to adopt Resolution as presented. Council Member BEACH 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 has a significant financial impact to the City. He summarized the report by stating that we have 27 miles of roads within one square mile that the condition of the roads have consistently 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 million dollars to upkeep the roads and that we are currently spending $800,000 which means we are going to have to find another $400,000 roughly every year for the next 12-15 years to maintain the roads. City Administrator Stilwell presented the staff report and indicated that the last road assessment was done in 2007 and that the council wanted to update it to get more accurate information. He spoke about the lower pavement index and how the document will be used to drive the Capital Improvement Plan. Mr. 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 the report. 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 road and how that road is used. A lengthy discussion ensued relative to the scheduling of road work, budgetary considerations and unfilled backlog as well as priorities. Mayor Burnett closed to public comment at 6:08 p.m.
Vice Mayor TALMAGE moved approval on item K, seconded by Council Member BEACH. 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 the Sunset Center and that Janet Bombard will present the staff report and that Mr. Fink the applicant is also here to address council's questions. Janet Bombard presented the report summarizing the main points such as: affordable tickets; waiver of sponsorship fees for the first year; advertising; coincidence with the Smuin Ballet event; displacement of the Farmer's market; ending times; parking; logistics of the event and other specifics surrounding this event. Both 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 the council and the community about noise; parking; refrigerator trucks; impact on surrounding neighborhood and the Smuin Ballet event; delivery of equipment; setting up of 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 the council to both staff and event organizers. Mayor Burnett stated that for the record a letter has been received on this item from the Smuin Ballet. Mayor Burnett opened to public comment at 6:25 p.m. Barbara Livingston commented that she supports the Smuin Ballet and that why another day 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 and the multitude of parking problems. Karen D. Kadushin member of the Board of Trustees of the Smuin Ballet addressed the council relative to the scheduling conflict with the GourmetFest event. Christine Sandin, Executive Director of the Sunset Center stated that March dates are always in conflict with other events every single weekend; and that if this is going to be a yearly event, then more interactive discussion needs to happen amongst all parties involved 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 and accommodating the needs of both the GourrnetFest and the Smuin folks. Mayor Burnett closed to public comment at 6:49 p.m. Mr. Fink answered questions from council related to the concerns raised during the public comment relative to valet parking, noise; refiigerator trucks and location for drop off for the valet. 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 to accommodate the needs of the Smuin Ballet as follows: 1) Pay for valet parking for all Ballet ticket holders on the two days of the event and provide valet parking at the San Carlos lot regular drop off; 2) provide notice to all tickets holders of the availability of parking and to provide sufficient valet parking capacity to deal with the traffic flow (north parking Jot not available); and 3) to provide all other available spaces for all Smuin Ballet staff. The discussion continued with additional questions from the City Council to the presenter with Ms. Beach seeking clarification relative to the dates going forward; with Vice Mayor Talmage seeking clarification on generators and requesting that the event promoter designates someone as a point of contact that can handle on the ground problems; and Mr. Hillyard stating that this event will be good for the community. Council Member Theis stated that the purpose of the HID is to bring this kind of events locally and that the scheduling can work because the events are at different times. Mayor Burnett proposed to outline the conditions imposed with Janet Bombard summarizing the conditions from the CACC as follows: 1) recommend waive the fees up to $5,000 and that going forward any potential waivers be considered only after the council has seen revenues; 2) that there are affordable tickets for the community and the additional four conditions included in the Resolution. Mayor Burnett clarified the time frames of the event as: 1) event should be done by 9:00 p.m.; 2) 10:00 p.m. is the time when the break-down and clean-up needs to be finished by regardless of when the dinner is finished; 3) everything needs to be done and cleared by 11:00 p.m.; and the tent needs to be taken down and removed by Tuesday, April 1, which is a clarification to condition #3. Additionally, as condition #4, the council imposed a condition on music stating that they comply with the requirements of the live-music ordinance; and 5) that the GourmetFest pay for valet parking for Smuin Ballet ticket holders 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 valet parking and information on how to avail oneself to that; 7) that the applicant would work with SCC to provide all available spaces on the SCC campus for the use of the Smuin Ballet staff and related activities. Mayor Burnett reopened to public comment at 7:25p.m. Bill Hill thanked the Council for crafting a compromise and addressing the needs and concerns of the local residents. Lee LaRue made comments relative to the affordability and availability of tickets for local residents. Rich Pepe commented that as it relates to the non-profit that the applicant considers a local non-profit. Barbara Livingston commented that the council should do a critique following this event when is fresh on people' s minds.

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Meredith Crowell spoke relative to parking and asked where will the people who work in the stores and in the restaurants park and suggested that perhaps the council can bring the shuttle service. Karen D. Kadushin spoke about not having conflicting dates for events but that with open and better communication concurrent events can take place at SCC. Mayor Burnett seeing no other public comments, closed to public comment at 7:39p.m. Vice Mayor Talmage indicated that he would like to add another condition to this perhaps call it a good neighbor policy which has four components: 1) that Mr. Fink and the Farmer's market resolve any open issues; 2) that the applicant appoints a point person for complaints; 3) that the neighbors ought to know who the point of contact is and that they should know that if there is a noise problem to call the police department non-emergency number; and 4) the clean-up crew should do so quietly; and 5) that we need to set up a time to start working in the morning that meets the needs of the applicant and the neighbors 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 Relais & Chateau GourmetFest 2014 with the added conditions. Motion seconded by Vice Mayor TALMAGE and carried unanimously.

VIII. ORDERS OF COUNCIL

A. Discussion of parking analysis and provide direction.

City Administrator Stilwell provided the staff report highlighting some of the aspects of the report stating that in summary this summer we were studying the problem, a consultant was hired and they prepared a report; that there was discussion and input from the community; that the goal here is to seek council's ideas in three key areas: 1) policy goals; 2) framework; and 3) elements of an ideal system. Mr. Stilwell indicated that as far as timing is concerned, there could be some implementation steps: 1) short-tern changes before the upcoming visitor season; 2) conduct other analyses with other parking experts; and 3) capital improvements projects or some required permitting processes to implement other improvements. In summary the report will have a range of short-term and long-term implementation options. Mayor Burnett opened the meeting to public comment at 7:54p.m. Barbara Livingston made comments about parking stating that every town has a parking problem; that we have plenty of parking but is all taken by employees who carne to work here. Meredith Crowell stated that the available parking is taken by employees; she suggested perhaps issuance of employee parking stickers or use of a shuttle system with a designated parking area such as sec parking lot.

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Seeing no further comments, Mayor Burnett closed the meeting to public comment at 7:59 p.m. Vice Mayor Talmage stated that the main problem is employee parking and that if we could get the cars off the street we could have sufficient parking; suggested that SCC North Parking lot could be a short-term answer. Mr. Talmage also indicated that this could be placed on the city's list of key initiatives. There was a substantive discussion on this item with members of the City Council making comments on a number of topics including: the need to have action plan, taking concrete steps, utilizing technical tools to invest in the infrastructure. City Administrator Stilwell indicated that technological improYements cost money and that this is not designed to be a profit center. Mayor Burnett reopened to public comment at 8:20p.m. Meredith Crowell stated that perhaps the employee parking sticker idea could be tied to the renewal of business license in order to ascertain the number of issued parking stickers and thus collect a fee. Mayor Burnett seeing no additional public comments closed to public comment at 8:21 p.m. Mayor Burnett remarked that we need an action plan that will have concrete steps; that could be implemented in phases; that there are some things we can do now and some things later; that we need to assess how a particular change will affect parking. Further, he stated that the action plan should be based on a principle of adaptive change over time because economic conditions and other conditions will change. Vice Mayor TALMAGE moved to approve with given additions and direction as follows: 1) adaptive plan; 2) staged phased action plan; 3) focus on employee parking issue; and 4) include range of technological tools. Council Member BEACH seconded. 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 had formed an ad-hoc committee to review and that now we are bringing this item with certain recommendations. Vice Mayor Talmage read a statement into the record with the recommendation for changes to the City Administrator' s agreement; spoke with specificity about the provisions that 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. Motion seconded 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 with Amendments. (Second Reading and adoption)

There were no questions for staff.

Vice Mayor TALMAGE moved to approve second reading Ordinance as presented. Seconded by Council Member BEACH and carried by the following roll call vote:

AYES:

COUNCIL MEMBERS:

BEACH, HILLYARD, THEIS, TALMAGE & MAYOR BURNETT NONE NONE NONE

NOES:

COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS: ABSTAIN:COUNCIL MEMBERS:

IX.

FUTURE COUNCIL AGENDA ITEMS

A. Receive the Council agenda forecast.

Mayor Burnett asked if members of the public wished to suggest any items be included in the agenda forecast, seeing none he opened/closed to public comment at 8:59p.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 items included to actual processes, projects and programs. Mr. Stilwell, City Administrator stated that the nature of document is more or less an agenda management tool and its purpose is to inform the public what is coming on the agenda.

X.

ADJOURNMENT

Seeing no further business before the City Council, Mayor Burnett declared the meeting adjourned at 9:00 p.m.

Respectfully submitted,

ATTEST:

Daryl A Betancur, CMC Deputy City Clerk

Jason Burnett, MAYOR

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