CITY COUNCIL: Agenda & Minutes June 2008

Regular Meeting
Tuesday, June 3, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, June 8, 2008
8:00 a.m., KMST Channel 26

http://www.ci.carmel.ca.us/

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Hearing assistance units are available to the public for meetings held in the Council Chambers.

The City Council welcomes your interest and participation. If you want to speak on an agenda item during its review, you may do so when the Mayor opens the item for public comment. Persons are not required to give their names but it is helpful in order that the City Clerk may identify them in the minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise established by the City Council. Always speak into the microphone, as the meeting is recorded on tape.

I. Call to Order

II. Roll Call


III. Pledge of Allegiance

IV. Extraordinary Business

A. Introduction of new Police Sgt. Paul Tomasi

B. Recognition of Public Safety Staff for Saving Life of Dog:
Police Sgt. Mike Calhoun, Officer Cindi Mitchell, Officer Joe Boucher; Fire Captain Mitch Kastros; Fire Engineer David Jedniak; Fire Engineer Kenny Hutchinson; and EMT/Firefighter Tom Brown

C. Recognition of Executive Assistant Sandy Farrell

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session

B. Announcements from City Council members. (Council members may ask a question for clarification, make a brief announcement or report on his or her activities)

C. Announcements from City Administrator

New Hands-free device regulation Traffic impact fee

VI. Appearances

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda, per the Brown Act (Open Meeting Law), will not receive action by the Council at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council.

Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded on tape.

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

A. Ratify the minutes for the regular meeting of May 6, 2008

B. Ratify the minutes for the special meeting of May 20, 2008

C. Ratify the bills paid for the month of May 2008

D. Consideration of a Resolution to provide another designated period for Two Years Additional Service Credit, Section 20903, for the position of Executive Assistant, based on the City’s contract amendment with the California Public Employees Retirement system

E. Consideration of a Resolution awarding a professional services agreement for financial statement auditing services to Marcello & Company, CPAs, for fiscal years 2007-08, 2008-09, and 2009-10 in an amount not to exceed $25,000 for 2007-08, $26,500 for 2008-09, and $28,000 for 2009-10

F. Consideration of a Resolution ratifying the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel Firefighters Association

G. Consideration of a Request to reimburse application fees for the installation of temporary banners for the Sunset Center

VIII. Public Hearings

If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. None

IX. Ordinances

A. Second Reading of an Ordinance Amending Title 15 of the Municipal Code and Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical and Housing Codes and 2007 Building Standards

B. Consideration of an Ordinance Adding Chapter 3.36 to the City of Carmel-by-the Sea Municipal Code Establishing a Regional Development Impact Fee (First reading)

C. Consideration of an Ordinance of the City Council of the City of Carmel-by-the Sea amending Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits”, Section 10.12.010 “Miscellaneous Streets (First reading)

D. Consideration of an Ordinance of the City Council of Carmel-by-the- Sea Amending Section of 8.68 of the Municipal Code regarding Chlorofluorocarbon and Similar Packaging Material Restrictions (First reading)

X. Resolutions

None

XI. Orders of Council

A. Receive the report on the proposed LAFCO of Monterey County fee schedule and provide policy direction

B. Request for policy direction regarding the establishment of a Municipal Endowment Fund (comprised of a number of individual endowment funds) and the related policies governing the acceptance of gifts, investment, spending, accounting, and reporting of all endowed funds

C. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. Adjournment

The next meeting of the City Council will be:
Special Council Meeting: Budget Workshop – 4:30 p.m.
Tuesday, June 10, 2008
Council Chambers
(If needed)

Special Council Meeting: Budget Workshop – 4:30 p.m.
Tuesday, June 10, 2008
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, July 1, 2008
Council Chambers

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735- 2929.

The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.


MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 3, 2008

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 4:34 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Hazdovac, Rose, Talmage & McCloud
ABSENT: Council Member Sharp
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Joyce Giuffre, Administrative Services Director

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of
Allegiance.

IV. EXTRAORDINARY BUSINESS
Mayor McCloud requested a moment of silence for Bob Evans, Ric Masten and Ted Leidig who all recently died.

Public Safety Director George Rawson introduced Sergeant Paul Tomasi.

Rawson recognized Police Sgt. Mike Calhoun, Officer Cindi Mitchell, Officer Joe Boucher, Fire Captain Mitch Kastros, Fire Engineer David Jedniak, Fire Engineer Kenny Hutchinson and EMT/Firefighter Tom Brown for saving life of a dog on the beach.
Mayor McCloud recognized former Executive Assistant Sandy Farrell.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL MEMBERS AND THE CITY ADMINISTRATOR.

A. Announcements from Closed Session.

None

B. Announcements from City Council Members.

Mayor McCloud noted the Library Foundation’s Maybeck plaque fundraising campaign ended on Sunday.

C. Announcements from City Administrator.

New Hands-free device regulation

Corporal Rana briefed the Council regarding the new law, which takes effect on July 1, prohibiting cell phone usage in cars without a hands-free device.

Construction truck impact fee
City Administrator Guillen noted the meeting held on May 13 with contractors regarding the proposed fee.

Library Director Janet Cubbage provided details regarding the Maybeck plaque.

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 4:58 p.m.

Stephen Moorer, executive director of PacRep, noted the progress on the renovation of the Golden Bough Theater and a public meeting regarding the project on June 23rd at 7:00 pm. Additionally, he noted a casting call for the role of Toto in an upcoming production of the “Wizard of Oz” on June 21st.

Joseph White of Lussori, Inc, addressed the Council regarding the resale of jewelry business licenses in the City.

Jim Price, chairman of the Board of Directors of Sunset Center, Inc. noted the Annual Meeting scheduled for June 18th at 5:30 p.m. at the Sunset Center.

Skip Lloyd addressed Council regarding clean up of debris from fires on the beach and clean up of Mission Trails Park.

Mayor McCloud closed the appearances section to public comment at 5:12 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of May 6, 2008

B. Ratify the minutes for the special meeting of May 20, 2008

C. Ratify the bills paid for the month of May 2008

D. Consideration of a Resolution to provide another designated period for Two Years Additional Service Credit, Section 20903, for the position of Executive Assistant,
based on the City’s contract amendment with the California Public Employees Retirement system

E. Consideration of a Resolution awarding a professional services agreement for financial statement auditing services to Marcello & Company, CPAs, for fiscal years
2007-08, 2008-09, and 2009-10 in an amount not to exceed $25,000 for 2007-08,
$26,500 for 2008-09, and $28,000 for 2009-10

F. Consideration of a Resolution ratifying the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel Firefighters Association

G. Consideration of a Request to waive application fees for the installation of temporary banners for the Sunset Center

Mayor McCloud opened the meeting to public comment at 5:14 p.m.

Barbara Livingston requested clarification of the banner policy with respect to item G.

Mayor McCloud closed the meeting to public comment at 5:15 p.m.

Council Member HAZDOVAC moved adoption of the Consent Calendar, seconded by Council Member ROSE and carried unanimously.

VIII. PUBLIC HEARINGS

None

IX. ORDINANCES

B. Consideration of an Ordinance Adding Chapter 3.36 to the City of Carmel-by-the-Sea Municipal Code Establishing a Regional Development Impact Fee (First reading)

This item was heard out of order in consideration of the TAMC representative’s
schedule.

Mayor McCloud opened and closed the meeting to public comment at 5:17 p.m.

Council Member ROSE moved adoption on First Reading of an Ordinance Adding Chapter 3.36 to the City of Carmel-by-the-Sea Municipal Code Establishing a Regional Development Impact Fee, seconded by Council Member TALMAGE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: SHARP
ABSTAIN: COUNCIL MEMBERS: NONE

A. Consideration of an Ordinance Amending Title 15 of the Municipal Code and Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical
and Housing Codes and 2007 Building Standards (Second reading)

Mayor McCloud opened and closed the meeting to public comment at 5:20 p.m.

Council Member TALMAGE moved adoption on Second Reading of an Ordinance Amending Title 15 of the Municipal Code and Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical and Housing Codes and 2007 Building Standards, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: SHARP
ABSTAIN: COUNCIL MEMBERS: NONE

C. Consideration of an Ordinance of the City Council of the City of Carmel-by-the-Sea amending Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits”, Section 10.12.010 “Miscellaneous Streets (First reading)

Mayor McCloud opened the meeting to public comment at 5:22 p.m.

Barbara Livingston thanked George Rawson for his attention to the speed limits and traffic.

Mayor McCloud closed the meeting to public comment at 5:23 p.m.

Council Member ROSE moved adoption on First Reading of an Ordinance of the City Council of the City of Carmel-by-the-Sea amending Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits”, Section 10.12.010 “Miscellaneous Streets, seconded by Council Member TALMAGE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: SHARP
ABSTAIN: COUNCIL MEMBERS: NONE

D. Consideration of an Ordinance of the City Council of Carmel-by-the-Sea Amending Section of 8.68 of the Municipal Code regarding Chlorofluorocarbon and Similar Packaging Material Restrictions (First reading)

Mayor McCloud outlined the proposed ordinance.

Jeff Lindenthal and Angela Brantley, from the Monterey Regional Waste Management Task Force, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:32 p.m.

Joy Colangelo, from Sustainable PG, and Roberta Miller, on behalf of the Carmel Residents Association, thanked the Mayor and Council for considering the proposed Ordinance.

Two individuals from the American Chemistry Council, who identified themselves only as Janine and Zach, addressed Council.

Monta Potter, CEO of the Carmel Chamber of Commerce, noted that the Chamber does not oppose the ban.

Christina Chavez, a representative of Plastics Foodservice Packaging Group and the American Chemistry Council, addressed Council.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

Council Member ROSE moved adoption on First Reading of an Ordinance of the City Council of Carmel-by-the-Sea Amending Section of 8.68 of the Municipal Code regarding Chlorofluorocarbon and Similar Packaging Material Restrictions, seconded by Council Member TALMAGE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: SHARP
ABSTAIN: COUNCIL MEMBERS: NONE

X. RESOLUTIONS

None

XI. ORDERS OF COUNCIL

A. Receive the report on the proposed LAFCO of Monterey County fee schedule and provide policy direction.

City Administrator Guillen presented the staff report.

Kate McKenna, Executive Officer of the Local Agency Formation Commission, (LAFCO), answered Council questions.

Mayor McCloud opened and closed the meeting to public comment at 5:52 p.m.

Council directed staff to send a letter to LAFCO, expressing its questions and concerns about the rate increase. The letter also should indicate Council’s support for LAFCO shifting fees and offsetting the increase by reducing expenses.

B. Request for policy direction regarding the establishment of a Municipal Endowment Fund (comprised of a number of individual endowment funds) and the
related policies governing the acceptance of gifts, investment, spending, accounting, and reporting of all endowed funds

City Administrator Guillen presented the staff report.

Paul Wood, CPA, provided an outline of the concept of a municipal endowment fund.

Public Safety Director George Rawson thanked volunteer Stuart Miller for his instrumental role in the formation of the concept of the endowment fund.

Mayor McCloud opened and closed the meeting to public comment at 6:05 p.m.

Council directed staff to further pursue the proposed concept and variations of it and return to Council.

C. Scheduling Future City Council meetings – Please Bring Your Calendar.

Mayor McCloud gave a reminder about the next Budget meeting scheduled for June 10, 2008.

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 6:21 p.m.

Respectfully submitted,

___________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR