CITY COUNCIL: Agenda & Minutes December 2008

CITY OF CARMEL-BY-THE-SEA
City Council Agenda
Regular Meeting
Tuesday, December 2, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, December 7, 2008
8:00 a.m., KMST Channel 26

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 Officer Joshua Plosser.

B. Introduction of newly appointed Police Commander Mike Calhoun.

C. Presentation of a donation in the amount of $3,000 from Jeanne Byrne, on behalf of the Pacific Grove Concours Auto Rally.

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

1. Friends of the Harrison Memorial Library book sale presentation.

2. Present FY 2007-08 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

3. Present proposed budget calendar for FY 2009/2010.

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 will not receive action 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 November 4, 2008.

B. Ratify the bills paid for the month of November 2008.

C. Consideration of a Resolution accepting a gift of $3,000 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

D. Consideration of a Resolution accepting a grant of $2,500 from the Colonel Dorothea Terry Layne Charitable Gift Fund for the beautification and maintenance of Carmel Beach.

E. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2009.

F. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.

G. Consideration of a Resolution authorizing co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the Annual Donor Salute.

H. Consideration of a Resolution approving contract change orders totaling $9,323 for the manufacture of a Saber PUC Pumper Fire Engine.

I. Consideration of a Resolution amending the mileage reimbursement clause to the consultant services agreement with Monterey Bay Planning Services.

J. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

K. Consideration of findings and the record of decision on the appeal of Planning Commission approval of an environmental impact report and project permits for the Plaza del Mar project located on the SE corner of Dolores Street and Seventh Avenue.
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.

None

IX. Ordinances

A. Second reading of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission.

X. Resolutions

A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.

B. Consideration of a Resolution adopting the Carmel Emergency Operations Plan.

C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.

XI. Orders of Council
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.

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

XII. Adjournment

The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, January 6, 2009
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.

Any writings or documents provided to a majority of the City Council subsequent to the publishing of the agenda regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
December 2, 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 4:36 p.m. Mayor McCloud called the meeting to order.

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

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

IV. EXTRAORDINARY BUSINESS
A. Introduction of new Police Officer Joshua Plosser.
This item was continued until the January Council.

B. Introduction of newly appointed Police Commander Mike Calhoun.
Public Safety Director Rawson introduced Commander Calhoun, who was sworn in and presented with a badge.

C. Presentation of a donation in the amount of $3,500 from Jeanne Byrne, on behalf of the Pacific Grove Concours Auto Rally.

Mayor McCloud received two checks totaling $3,500 on behalf of the City.

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.
Council Member Talmage noted the success of the Association of Monterey Bay Area Government (AMBAG) Energy Watch conservation program.

Mayor McCloud noted the City’s Annual Tree Lighting ceremony, which will take place on Friday, December 5, beginning at 4:30 p.m. at Devendorf Park.

Item VI-A. was taken out of order to accommodate the schedule of the officials from the City of Monterey.

VI-A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.

City Administrator Rich Guillen presented an overview. Public Safety Director George Rawson presented the staff report.

Monterey City Manager Fred Meurer, Monterey Fire Chief Sam Massa, Carmel Fire Chief Andrew Miller and Monterey part-time Deputy City Manager Jim Thompson spoke to the issue.

Mayor McCloud opened and closed the meeting to public comment at 5:08 p.m.

The Council directed staff to continue working with the City of Monterey to develop a contract for future Council consideration.

C. Announcements from City Administrator.
Friends of the Harrison Memorial Library book sale presentation
Judy Cunningham, president of the Friends of Harrison Memorial Library, presented the report.

Present FY 2007-08 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
Ralph Marcello, Marcello & Company, CPAs, presented the Audited Financial Statement.

Present proposed budget calendar for FY 2009/2010.
City Administrator Rich Guillen presented the proposed Budget Schedule for FY 09/10.

Item VI-C. was taken out of order to accommodate the schedule of the Monterey and Carmel fire personnel in the audience.

VI-C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.

Public Safety Director George Rawson presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 5:35 p.m.

Council Member ROSE moved adoption of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services, seconded by Council Member SHARP and carried by the following roll call:

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

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 5:36 p.m.

Meredith Kroll, owner of Linens and Such, spoke about loss of business during the
Homecrafters’ Fair on November 22.

Mayor McCloud closed the appearances section to public comment at 5:39 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes of the regular meeting of November 4, 2008.

B. Ratify the bills paid for the month of November 2008.

C. Consideration of a Resolution accepting a gift of $3,500 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

D. Consideration of a Resolution accepting a grant of $2,500 from the Colonel Dorothea Terry Layne Charitable Gift Fund for the beautification and maintenance of Carmel Beach.

E. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2009.

F. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.

G. Consideration of a Resolution authorizing co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the Annual Donor Salute.

H. Consideration of a Resolution approving contract change orders totaling $9,323 for the manufacture of a Saber PUC Pumper Fire Engine.

I. Consideration of a Resolution amending the mileage reimbursement clause to the consultant services agreement with Monterey Bay Planning Services.

J. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

K. Consideration of findings and the record of decision on the appeal of Planning Commission approval of an environmental impact report and project permits for the Plaza del Mar project located on the SE corner of Dolores Street and Seventh Avenue.

Councilmember Talmage asked to pull Item “F” for further discussion at the end of the meeting.

Council Member ROSE moved adoption of Consent Items A-E and G-K of the Consent Agenda, seconded by Council Member SHARP and carried unanimously.

VIII. PUBLIC HEARINGS

None.

IX. ORDINANCES
A. Second reading of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission.

Mayor McCloud opened and closed the meeting to public comment at 5:40 p.m.

Council Member ROSE moved adoption of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission, seconded by Council Member SHARP and carried by the following roll call:

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

X. RESOLUTIONS
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.

City Administrator Rich Guillen presented the report.

Mayor McCloud opened the meeting to public comment at 5:53 p.m.

Stephen Moorer, Nick Hovick, Safwat Malek, Jason Clark, Jane Delay, and Carolyn Hardy spoke to the issue.

Mayor McCloud closed the hearing to public comment at 6:05 p.m.

Council Member ROSE moved adoption of the Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000, seconded by Council Member HAZDOVAC and carried by the following roll call:

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

B. Consideration of a Resolution adopting the Carmel Emergency Operations Plan. Public Safety Director George Rawson presented the report and introduced consultant Harry Robins, who assisted in the development of the plan. Paul Ireland, from the Monterey County Office of Emergency Services, who also assisted with the Plan, was in the audience.

Council Member ROSE moved adoption of a Resolution adopting the Carmel Emergency Operations Plan, seconded by Council Member TALMAGE and carried by the following roll call:

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

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management was heard earlier in the meeting.

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

Item VII-F was pulled from the Consent Agenda on request of Council Member Talmage. VII- F. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classification counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $10,400.
Upon discussion amongst the Council members, it was agreed to table action on this item for further discussion at the January 2009 meeting.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:30 p.m.

Respectfully submitted,

_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:
____________________________
SUE McCLOUD, MAYOR