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    CITY OF CARMEL-BY-THE-SEA

    TO: Honorable Mayor and Members of the City Council

    Douglas J. Schmitz City Administ rator

    FROM: Lee Price Interim City Clerk

    Ashlee Wright Deputy City Clerk

    SUBJECT: Minutes

    of

    the Special Meeting

    of

    August 3 2015

    Minutes of the Regular Meeting of August 4 2 15

    Minutes of the Special Meeting of

    August

    6 2015

    RECOMMENDATION

    September 1 2015

    Consent Calendar

    By motion to the Consent Calendar approve the Minutes of the Special Meeting of August

    2015

    Special Meeting

    of

    August

    3

    2 15  and Minutes

    of

    the Special Meeting

    of

    August 6 2015.

    ATTACHMENTS

    1. Minutes

    of

    the Special Meeting

    of

    August

    3

    2 15

    2. Special Meeting of August

    3

    2015

    3. Minutes of the Special Meeting of August 6  2 15

    Douglas .

    a t e ~ r

    Council Meeting Date: 09/01/2015

    Agenda Item: 3

    Page 1

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    MINUTES

    CITY COUNCIL MEETING

    CARMEL BY THE SEA

    Monday August3 2015

    ATTACHMENT 1

    Mayor Burnett called the meeting to order at 4:35p.m.

    ROLL CALL

    Present:

    Absent:

    Council Members Beach, Dallas Theis, Mayor ProTem Talmage

    and Mayor Burnett

    None

    Staff Present: Douglas J Schmitz, City Administrator

    Don Freeman, City Attorney

    Rob Mullane, Public Works Director

    Marc Weiner, Senior Planner

    Sharon Friedrichsen, Director

    of

    Budget and Finance

    Ashlee Wright, Deputy City Clerk

    PLEDGE OF ALLEGIANCE

    David Shonman led the Pledge

    of

    Allegiance.

    CLOSED SESSION

    Mayor Burnett announced items on the Closed Session agenda. There were no public

    comments. The Council adjourned to closed session at 4:35p.m.

    ITEM 3.A LABOR NEGOTIATIONS

    ITEM 3.B

    Government Code Section 54957.8

    Agency Designated Representatives: Zutler

    Employee Organization: LIUNA; CPOA

    CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION

    Significant exposure to litigation pursuant to subdivision b) of Government

    Code Section 54956.9: 4 cases

    Council Meeting Date: 09/01/2015

    Agenda Item: 3

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    At 5:45 the City Council reconvened in Open Session. All Council Members were

    present.

    Staff Present: Doug Schmitz City Administrator

    Don Freeman City Attorney

    Ashlee Wright Deputy City Clerk

    Marc Weiner Senior Planner

    Rob Mullane Community Planning and Building Director

    Sharon Friedrichsen Director of Budget and Contracts

    NNOUNCEMENTS

    Mayor Burnett provided the closed session announcement.

    CONSENT C LEND R - None

    ORDERS OF COUNCIL

    ITEM 5 8 Shoreline Assessment Presentation.

    Rob Mullane Public Works Director provided a brief introduction to the Shoreline

    Assessment presentation. David Shonman Coastal Biologist presented an in-depth

    PowerPoint overview of the Shoreline Assessment conducted in 2007 and 2014.

    Council questions and discussion followed.

    Public Comments:

    Karen Ferlito recommended better signage at the beach moving landscape guard rail

    s

    and requested that a shoreline assessment be conducted each year that includes

    standards.

    Monte Miller asked for clarification about conducting sea-wall measurements.

    Michael LePage recommended that the Council support developing a map of projected

    sea-rise high tides   and storm surges.

    Kathy Bang spoke in favor

    of

    a beach fire moratorium and stated concerns about beach

    events and their impacts on the bluffs and beach.

    Hugo Ferlito Skip Lloyd Carolina Bayne and Monte Miller spoke in favor

    of

    a beach fire

    moratorium.

    Counc

    il

    Meeting Date: 09 01 /2015

    Age

    nd

    a

    It

    em: 3

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    ---End of Public Comments---

    City Attorney Don Freeman clarified the legal process for enacting a moratorium.

    Mayor Burnett provided a brief overview of his conversation with the Coastal

    Commission on the issue of fires on the beach. Council discussion followed.

    Mayor Burnett called a recess

    t

    7:30  The meeting resumed

    t

    7:40 Council

    discussion resumed 

    City Attorney Don Freeman summarized options for Council consideration.

    Action: Counci l requested that Staff provide monthly beach fire reports distributed to

    the Forest and Beach Commission to the Council each month going forward . Council

    requested a Special Meeting for Thursday, August 6 2015 at 4:3 p .m. at which three

    options for an

    urgency ordinance for a temporary ban on wood burning beach fires

    would be considered: 1) Banning all beach fires, 2) Banning all beach fires Friday thru

    Sunday, or 3) Implementing the Pilot Program as soon as possible. Council also

    requested information on how long the Pilot Program would take to implement on short

    notice.

    ITEM 5 A

    Update on Contract Admin istration and Processing

    Council considered an update on improvements that have been made to the City s

    processing and oversight of purchasing , including contract administration.

    Public Comments:

    Carolyn Hardy stated that she was pleased to see changes and updates to the invoicing

    and finance procedures and recommended other ways that staff could improve related

    procedures and processes.

    ---End

    of

    Public Comments---

    Council discussion followed.

    Action:

    Council directed staff to include clear and simple explanations in staff reports

    and additional details about services provided by vendors on the check reg ister.

    Council Meeting Date: 09/01/2015

    Agenda Item:

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    ADJOURNMENT There being no further business Mayor Burnett adjourned the

    meeting

    at

    approximately 8:4 p .m.

    APPROVED:

    Jason Burnett  Mayor

    ATTEST:

    Ashlee Wright

    Deputy City Clerk

    Council Meeting Date: 09/01/

    2

    5

    Agenda Item: 3

    Pa

    ge

    5

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    MINUTES

    CITY COUNCIL MEETING

    CARMEL BY THE SEA

    Tuesday August4 2015

    ATTACHMENT

    2

    Mayor Burnett called the meeting to order at 3.35 p.m.

    ROLL CALL

    Present:

    Absent:

    Staff Present:

    Council Members Dallas Mayor

    ProTem

    Talmage and Mayor

    Burnett; Council Members Beach and Theis met at the site of the

    tour

    of

    inspection.

    None

    Doug Schmitz City Administrator

    Lee Price Interim City Clerk

    Rob Mullane Public Works Director

    Andrew Vanderford  Public Works Project Manager

    TOUR OF INSPECTION The City Council met at the Forest Theater located on Santa

    Rita between th Avenue and Mountain View for a tour of the restoration project in

    progress. The tour was led by project manager Andrew Vanderford and project architect

    Chris Wasney.

    Council reconvened n Chambers at 4:30p m All Council Members present 

    Staff Present: Doug Schmitz City Administrator

    Don Freeman  City Attorney

    Lee Price Interim City Clerk

    Mike Calhoun  Public Safety Director

    Paul Tomasi   Police Commander

    Rob Mullane  Public Works Director

    Janet Bombard Library and Community Events Director

    Marc Wiener Senior Planner

    Sharon Friedrichsen Director of Budgets and Contracts

    Paul Wood   Finance Manager

    Joel Staker IT Manager

    Andrew Vanderford Public Works Project Manager

    Council Meeting Date: 09/01/2015

    Agenda Item :

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    Joe Headley, Building Official

    Mayor Burnett announced that there would

    be

    a special meeting

    on

    Thursday, August 6,

    2015 at 4:

    30

    p.m. for the purpose of considering options for restricting or relocating

    beach fires.

    PLEDGE OF ALLEGIANCE

    Joel Staker, IT Manager, led the Pledge of Allegiance.

    EXTRAORDINARY BUSINESS

    4.A Mayor Burnett introduced Scott Laurence, Superintendent for the Carmel

    Unified School District.

    4.B

    Mayor Burnett introduced Joel Staker, IT Manager.

    ANNOUNCEMENTS

    5.A Announcements from Closed Session held

    8/3/15

    City Attorney Don

    Freeman provided an update

    on

    LIUNA negotiations and pending

    litigation. He reported that the Council reached a settlement in the matter

    of Hildago v City of Carmel-by-the-Sea (Claims DFEH Numbers 196038-

    82594 and 168394- 160733) in the amount

    of

    $125,000.

    5.B Announcements from City Council Members

    • Mayor Burnett provided an oral report on his attendance at the

    League of California Cities Executive Forum in Monterey June 24-

    25, 2015 and provided several water issues-related updates.

    • Council Member Theis provided a report on the most recent

    meeting of the Monterey-Salinas Transportation Authority.

    5.C Announcements from the City Administrator None

    5.0 Announcements from the City Attorney

    City

    Attorney Don Freeman

    provided an update on the City's short-term renta l ord inance.

    PUBLIC APPEARANCES

    Karen Ferlito commented on short-term rentals and provided suggestions to help

    educate people about the short-term rental regulations, as well as other new rules

    (moratorium on artificial turf, for example).

    Council Meeting Date: 09/01/2015

    Agenda Item: 3

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    D. L Johnson introduced himself as Carmel's representative on the Transportation

    Agency o Monterey County (TAMC) Advisory Committee.

    John Wagner voiced concern regarding garbage rates (commercial and residential).

    Richard Kreitman asked how Green Waste rates compare with the rate increase

    proposed earlier by Waste Management.

    ---End o Public Comments---

    Director o Budgets and Contracts Sharon Friedrichsen responded

    to

    comments

    regarding Green Waste rates and agreed to follow-up with Mr. Wagner.

    CONSENT CALENDAR

    Action: Upon a motion made by Council Member Beach, seconded by Council

    Member Dallas, the Council approved the Consent Calendar with the exception o Items

    7.G, 7.J, 7.N and 7.P, as follows:

    7.A City Council Minutes for the July 6, 2015 Special Meeting, the July

    7, 2015 Regular Meeting, and July 15, 2015 Special Meeting.

    Approved 5:0

    7.8

    Check Register for the Month

    o

    June, 2015

    Approved 5:0

    7.C Monthly Reports for June:

    a. Police, Fire, Ambulance and Beach Reports

    b. Logs o Public Records Act Requests (City Clerk Police)

    c. Code Compliance Reports

    d Forester Report

    e Contracts signed by the City Administrator

    f City Treasurer's Report

    Accepted 5:0

    7 0

    Consideration o a resolution authorizing: 1.) An event on Saturday,

    October 24, 2015 honoring the Centennial Anniversary o the

    Carmel Fire Department, and 2.) The closure of Mission Street

    between Ocean and 6

    th

    Avenues, and 6

    th

    Avenue between Mission

    and San Carlos Streets in conjunction with said event. Adopted

    Resolution 2015-052 5:0

    Council Meeting Date: 09/01/2015

    Agenda Item:

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    7.E Consideration of a resolution rejecting all bids for Waterproofing

    Raised Planters project.

    Adopted Resolution 2015-053 5:0

    7.F

    Consideration of a resolution awarding a Construction Contract to

    Legacy Roofing, the Lowest Responsible Bidder, for the Roof

    Replacement at Bach Building (Sunset Center) and Roof Repair &

    Waterproofing of Main Building Project for a Not to Exceed Amount

    of 78,338.00 and Approving a Not to Exceed Amount of

    15,000.00 for Project Contingency. Adopted Resolution 2015-

    054 5:0

    7.H Consideration of a resolution authorizing street closures in

    conjunction with the Carmel-by-the-Sea 2016 Centennial Birthday

    Party Parade on Saturday, October 29 , 2016.

    Adopted

    Resolution 2015-056 5:0

    .I Authorize New Professional Services Agreement and Amendments

    to Various Existing Professional Services Agreements

    Recommendation: Adopt resolutions authorizing the City

    Administrator

    to

    :

    1. Execute a Professional Services Agreement with Revenue Cost

    Specialists, LLC for a user fee study for an amount not to

    exceed 24,750.

    Adopted Resolution 2015-057 5:0

    2. Execute Amendment No. 3 to Professional Services Agreement

    PBD-PSA-FOUR-006-13/14 with 4 Leaf, Inc. for contract permit

    technician services for

    an

    additional increase

    of

    40,000 for a

    new total not to exceed amount of 172,000.

    Adopted

    Resolution 2015-058 5:0

    3 Execute Amendment No. 1 to Professional Services Agreement

    PBD-PSA-EMC-014-14/15 with EMC Planning Group for

    contract planner services for an additional increase of 15,000

    for a new total not to exceed amount of 40,000. Adopted

    Resolution 2015-059 5:0

    4. Execute Amendment No. 5 to Professional Services Agreement

    ASD-PSA-MAR-003-13/14 PBD-PSA-EMC-014-14/15 with EMC

    Planning Group for contract planner services for

    an

    with

    MarTech for information technology services for an additional

    increase

    of

    30,000 for a new total not to exceed amount

    of

    285,000. Adopted Resolution 2015-060 5:0

    Council Meeti

    ng

    Date: 09

    101/2

    0

      5

    Agenda Item:

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    7.K Salary Revisions, New Job Descriptions, and Job Description

    Amendments. Adopted Resolution 2015-061  5:0

    7.L Establishing Salary Ranges for Certain Management Positions.

    Adopted Resolution 2015-062 5:0

    7.M

    Paid Sick Leave Pol icy for Part-Time Employees.

    Adopted

    Resolution 2015-063 5:0

    7.N Consideration

    o

    a resolution awarding a contract to operate the

    Carmel-by-the-Sea Farmers  Market to Peter Cipponeri Farms, LLC

    and authorize staff to work wi

    t

    Cipponeri Farms on the operational

    guidelines for the market.

    Adopted Resolution 2015-064 5:0

    7 0

    Consideration o a resolution authorizing the City Administrator to

    execute an agreement or the purchase o one License Plate

    Recognition (LPR) parking enforcement system from the

    Equipment and Vehicle Fund as identified

    in

    the FY 2015/16

    budget. Adopted Resolution 2015-065 5:0

    The following items were pulled by members of the public

    or

    by Council

    Member nd taken u separately 

    7.G Consideration o a resolution adding a pumpkin roll ing component

    to the

    ggt

    City Birthday Party and Parade on October 31, 2015

    and authori

    zi

    ng the related street closures.

    Public Comment:

    Richard Kreitman inquired about the wisdom o closing part o Ocean Avenue for

    an entire day.

    ---End o Public Comment.

    Library and Community Events Director Janet Bombard provided the staff report

    and Community Activities and Cultural Commission recommendations.

    ACTION: Upon a motion made by Council Member Dallas , seconded by Council

    Member Theis, the Council unanimously adopted Resolution 2015-055 approving

    the events and street closures.

    5:0

    Council Meeting Date: 09/01/2015

    Agenda Item: 3

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    7.J Consideration

    of

    stop signs at two locations; San Carlos 9

    1

    h and

    Santa Fe 2 nd.

    Council ember Dallas recused himself due to a potential conflict of interest

    (owns real property within 500'

    of

    one

    of

    the proposed signs).

    Public Comment:

    Resident Carl Van Winkle pulled this item to object and provided other

    suggestions for traffic control.

    Sue McCloud asked if the neighbors had been noticed .

    Resident Jim Wiseman expressed concerns

    and

    requested more information to

    justify the recommendations.

    ---End

    of

    Public Comments.

    ACTION: The

    Council referred this mat ter back to the Traffic Committee.

    Council Member Dallas resumed

    hi

    s seat t the dais 

    7 N Consideration of a resolution awarding a contract to operate the

    Carmel-by-the-Sea Farmers' Market to Peter Cipponeri Farms, LLC

    and

    authorize staff to work with Cipponeri Farms

    on

    the operational

    guidelines

    for

    the market.

    This item

    was

    pulled

    by ayor

    Pro Tern Talmage

    for

    discussion and to

    emphasize that the focus of the Farmers' arket is to provide farm fresh

    produce.

    Public Comment:

    Stephen oorer, Pacific Repertory Theater, objected to changes in the process

    to secure a vendor.

    Carl Iverson said he prefers to purchase organically grown produce and hopes

    that

    is still a goal for the Market.

    Peter

    Cipponeri, Cipponeri Farms, LLC, indicated

    he was

    looking forward to

    bringing more organic produce to the arket, but mentioned that there are not

    many local resources. He added that he is seeking out add itional resources and

    shared

    his

    vision

    for

    the Market.

    ---End of Public Comments.

    Council Meeting Date: 09/01/2015

    Agenda Item: 3

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    Action:

    Upon a motion made by Mayor

    ProTem

    Talmage, seconded by Mayor

    Burnett, the Council unanimously adopted Resolution 2015-064 awarding the

    contract to Peter Cipponeri Farms, LLC.

    5:0

    7.P Consideration of a resolution authorizing the closure of the Sunset

    Center north parking lot on Saturday, November 21, 2015 from 2:00

    a.

    m to

    4:

    00p.m

    .

    in

    order to relocate the Homecrafters'

    Marketplace craft fa ir event.

    Public Comment:

    Barbara Livingston, Carmel Residents Association , pulled this item to protest the

    removal of public parking on a busy Saturday before Thanksgiving. Richard

    Kreitman agreed. Stephen Moorer mentioned that the location proved not to be

    the best for the Farmers' Market.

    ---End

    of

    Public Comments.

    Library and Community Events Director Janet Bombard and Sunset Center

    Executive Director Christine Sandin responded to comments and Council

    questions. Council discussion ensued.

    Action: Upon a motion made by Council Member Dallas , seconded by Council

    Member Theis, the Council adopted Reso lution 2015-066 authorizing the street

    closure.

    4:1:0 Talmage opposed)

    ORDERS OF COUNCIL

    ayor

    Burnett revised the order

    of

    the agenda

    8 8 Allocation of Marketing and Economic Development Budget FY 2015-16

    City Administrator Doug Schmitz provided the staff report.

    Public Comments:

    Monta Potter, Chamber of Commerce, requested that the Council lend support

    to

    the Visitors' Center and urged the approval of a funding allocation in the amount

    of

    40,000.

    Sue McCloud, Barbara Livingston, Karen Ferlito, Meredith Kroll (Linens and

    Such), Richard Kreitman and Jonathan Sapp provided observations about

    visitors to Carmel and spoke

    in

    favor

    of

    withho lding a determination until after a

    steering committee is established and reports back to Council.

    Council Meeting

    Da

    te: 09/01/2015

    Agenda Item: 3

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    ---End o Public Comment---

    Mayor Burnett noted that the Council had already extended the contract for

    marketing efforts and clarified the intent o this item is to provide funding for the

    Visitors' Center for those visitors who have arrived in the village. Council

    discussion ensued. Council Member Dallas indicated he was not willing to

    support the Chambers' request because he feels the City has over-supported the

    Visitors' Center the past five to seven years.

    Action:

    Upon a motion made by Council Member Theis, seconded by Mayor Pro

    Tem Talmage, the Council approved the allocation o 40,000 to Chamber o

    Commerce in two semi-annual payments for the purpose

    o

    funding the Visitors'

    Center. 4:1 :0 Dallas opposed)

    Mayor Burnett called a recess at 6:

    3 p

     m  At 6:4 p m  the meeting resumed 

    B C Consideration o a Planning Commission Recommendation

    Regarding Changes Proposed by Council 15 July on the Forest

    Theater; Consideration

    o

    a Second Amendment to th e Agreement

    with Cody Anderson Wasney Architects for the Development of

    Schematic Designs and Construction Documents for Design

    Changes for Phase 1 o the Forest Theater Renovation Project in

    an Amount not o Exceed 50,000.

    Rob Mullane, Public Works Director, presented the staff report. Project architect

    Chris Wasney (Cody Anderson Wasney) provided an in-depth PowerPoint

    presentation including historical photos, an overview

    o

    the permitted site plan

    currently under construction and requirements o the Americans with Disability

    Act (ADA) for ramps and handicapped parking, and alternative design concepts.

    Council questions followed .

    Public Comments:

    Sue McCloud suggested an alternative location for the ADA-required parking

    space and a drop-off point. Stephen Moorer (Pacific Repertory Theater)

    presented an alternative design. Gil Lucero, Karyl Hall (Pacific Repertory

    Theater), Christine Jacobsen and spoke

    in

    support

    o

    Stephen Moorer's

    suggestions.

    Karen Ferlito, Carolyn Hardy, Yvonne Hildebrand-Brown (Theater Guild), Walt

    De Faria (Forest Theater Foundation) and Vince Koller encouraged the Council

    to proceed with the approved plan and expedite the Theater re-opening .

    Council Meeting Date: 09/01/2015

    Agenda Item: 3

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    ---End of Public Comment---

      tthe request

    of

    Mayor Burnett project architect Chris Wasney  summarized his

    observations about the alternative design presented by Stephen Moorer and

    responded to questions. Lengthy Council discussion followed.

    A motion made by Council Member Beach seconded by Mayor Pro T m

    Talmage  to approve a contract amendment with Cody Anderson Wasney

    Architects with a goal of opening in 2016 was discussed .

    A substitute motion was made by Councilmember Dallas  seconded by Mayor

    Burnett to support the Planning Commission recommendation and move the

    project forward as permitted.

    Action :

    Substitute motion passed. The Council agreed to support the

    Planning Commission recommendation and move the project

    forward as permitted. 3:2 Beach, Talmage opposed). No

    action taken on the contract amendment) .

    At 9: 5p

    .m Mayor Burnett called a five minute break. The meeting resumed

    at

    9:30

    p.m.

    PUBLIC HEARINGS

    9.A Moratorium on Artificial Grass and Similar Groundcover.

    The Council considered an urgency ordinance extending Urgency Ordinance

    2015-002 Prohibiting Artificial Grass and Other Similar Synthetic Turf or Foliage

    Materials.

    Mayor Burnett opened the public hearing.

    Public Comments:

    Sue McCloud objected to the adoption of the ordinance. Karen Ferlito spoke in

    favor of adoption.

    ---End of Public Comment---

    Mayor Burnett closed the public hearing.

    Council Meeting Date: 09/01/2015

    Agenda Item:

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    Action: Upon a motion made by Mayor Pro Tern Talmage, seconded by

    Council member Beach, the Council unanimously adopted Urgency

    Ordinance 2015-003 extending Urgency Ordinance 2015-002

    Prohibiting Artificial Grass and Other Simi lar Synthetic Turf or

    Foliage Materials.

    5:0

    Council Member Beach left the meeting 

    9.B Consideration of an Ordinance of the City Council of the City of

    Carmel-by-the-Sea adding Section 15.38 to the Carmel Municipal

    Code relating to the expedited permitting procedures for small

    residential rooftop solar systems.

    Building Official Joe Headley responded to brief Council questions.

    Action:

    Upon a motion made by Mayor Pro Tern Talmage, second by Council

    Member Theis, the Council waived reading in full and introduced Ordinance

    2015-004 adding Section 15.38 to the Carmel Municipal Code relating to the

    expedited permitting procedures for small residential rooftop solar systems.

    4:0:1 Beach absent)

    Council returned to Orders to consider the following remaining item:

    8.A

    Consideration

    of

    approval

    of

    Fiscal Year 2013-14

    Financial Statement Audit.

    Finance Manager Paul Wood provided a correction to page 3 of the audit and

    introduced the auditor, Joe Arch, from the firm JJACPA. The auditor summarized

    findings and responded to Council questions.

    Mayor Pro Tern Talmage requested that in the future the auditor break out Public

    Safety Fire, Police, Ambulance) rather than bundle them, include more detail for

    significant receivables over 7 digits) and update the organizational chart. Mayor

    Burnett asked the City Administrator to provide periodic updates

    on

    preparing for

    the next audit.

    There was no public comment.

    Action: Upon a motion made by Mayor Pro Tern Talmage, seconded by

    Council Member Theis, the Council accepted and approved the

    Fiscal Year 2013-14 Financial Statement Audit.

    4:0:1 Beach

    absent)

    o

    un

    ci

    l Meeting Date:

    91

    1

    12

    15

    Agenda It

    em

    : 3

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    ADJOURNMENT  There being no further business Mayor Burnett adjourned the

    meeting at 10:10 p.m.

    APPROVED:

    Jason Burnett  Mayor

    ATTEST:

    Lee Price MMC

    Interim City Clerk

    Council Meeting Date: 09/01/2015

    Agenda Item:

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    MINUTES

    CITY COUNCIL MEETING

    CARMEL BY THE SEA

    Thursday August6 2015

    ATTACHMENT

    3

    Mayor Burnett called the meeting to order at 4:35p.m.

    ROLL CALL

    Present:

    Absent:

    Staff Present:

    Council Members Beach, Dallas Theis, Mayor

    ProTem

    Talmage

    and Mayor Burnett

    None

    Douglas

    J

    Schmitz, City Administrator

    Don Freeman, City Attorney

    Rob Mullane, Public Works Director

    Marc Weiner, Senior Planner

    Sharon Friedrichsen, Director of Budget and Finance

    Paul Tomasi, Police Commander

    Mike Calhoun, Public Safety Director

    Ashlee Wright, Deputy City Clerk

    PLEDGE

    OF

    ALLEGIANCE

    ORDERS

    3.A Consideration of: 1 An Urgency Ordinance to ban beach fires on Carmel Beach;

    or 2 An Urgency Ordinance banning all beach fires Friday through Sunday and

    Holidays; or 3 An Urgency Ordinance to implement the Pilot Beach Fire

    Program; or 4 Other options for restricting or relocating beach fires.

    City Attorney Don Freeman provided options and recommendations for an urgency

    ordinance prohibiting beach fires.

    Richard Stedman, Monterey Bay Unified Air Pollution Control District Air Pollution

    Control Officer, presented a status report on the air quality on Carmel Beach and the

    surrounding area and responded to Council questions.

    Council Meeting Date: 09/01 /2015

    Agenda

    It

    em:

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    Council discussion followed .

    Public Works Director Rob Mullane provided the staff report and clarified the timeline for

    implementing the pilot program .

    Public Safety Director Mike Calhoun answered Council questions about potential issues

    with enforcement of a beach fires moratorium.

    Public Comments:

    Scott McKenzie criticized the Forest and Beach Commission and its process for making

    recommendations about beach fires

    to

    Council.

    Richard Kreitman showed a model of a propane fire ring.

    Niels Reimers, Judy Refuerzo, Margaret Eaton, Missy Jensen, Kimberly Rawlins,

    Carolyn Hardy, David Refuerzo, Jane Maddox, Karen Ferlito , Marcia Zealous, Barbara

    Livingston, Gary Bang, Kathy Bang, Sue McCloud, Carolina Bayne spoke in favor

    completely or partially prohibiting beach fires.

    Dave Sparr, Kimberly Auger White, Bruce Greenbaum, Lt. Col. Joshua Greene, Jim

    Hamilton spoke against completely prohibiting beach fires.

    ---End of

    Public Comments---

    Council discussion followed.

    A motion was made by Council Member Theis, seconded by Council Member Dallas to

    prohibit fires on Carmel Beach Friday through Sunday. The motion was amended to

    include that fires allowed Monday through Thursday be 1 from the beach bluffs or

    walls, and further, that propane fires not e permitted.

    A substitute motion was introduced by Council Member Beach, seconded by Vice

    Mayor Talmage,

    to

    enact a moratorium

    on

    all beach fires for forty-five days. Motion

    failed 2:3:0 (Burnett, Theis, Dallas opposed)

    Discussion returned to the original motion, as amended . Vice Mayor Talmage

    requested an additional clause

    to

    address enforcement. City Administrator Doug

    Schmitz provided the following language to address his concerns :

    WHEREAS the City

    Council emphasizes the need for proactive management, education and enforcement

    o

    the prohibition on Friday, Saturday, Sunday and Holiday beach fires.  The motion was

    amended to include the additional provision.

    Counc il Meeting Date: 09/01/2015

    Agenda Item: 3

    Page 18

  • 8/20/2019 Minutes 09-01-15

    19/19

    Action Upon a motion made by Council Member Theis, seconded by Council Member

    Dallas, Council adopted Ordinance 2016-005, an urgency ordinance which shall 1)

    Place an immediate moratorium on beach fires on Carmel Beach from Friday through

    Sunday, and all national or State holidays, 2) specify that any Coastal Development

    Permit and Special Event Permits approved prior to the enactment

    of

    this Urgency

    Ordinance are exempt from this moratorium, 3) noting that fires on the beach permitted .

    Monday through Thursday will be at least 100 westerly

    of

    any walls or embankments;

    and 4) emphasizing the need for proactive management, education and enforcement of

    the prohibition on Friday, Saturday, Sunday and Holiday beach fires. Adopted 5:

    ADJOURNMENT  There being no further business, Mayor Burnett adjourned the

    meeting at approximately 7:3  P.M

    APPROVED:

    Jason Burnett, Mayor

    ATTEST:

    Ashlee Wright

    Deputy City Clerk