CITY COUNCIL: AGENDA & MINUTES July 2009

AGENDA
Regular Meeting
Tuesday, July 7, 2009
4:30 p.m., Open Session

Live video streaming available at:
www.ci.carmel.ca.us

Broadcast date
Sunday, July 12, 2009
8:00 a.m., KMST Channel 26

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 Amy Donahue, new Executive Director of the Carmel Public Library Foundation.

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. Receive report on the Nicolay actuarial study on Other Post-Employment Benefits (OPEB).

2. Receive report from Tom Burns on Devendorf Park art show.

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. 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.

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 special meeting of May 27, 2009.

B. Ratify the minutes for the regular meeting of June 2, 2009.

C. Ratify the minutes for the special meeting of June 9, 2009.

D. Ratify the minutes for the special meeting of June 16, 2009.

E. Ratify the bills paid for the month of June 2009.

F. Consideration of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.

G. Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.

H. Consideration of a Resolution accepting grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project and approving a transfer of $166,795 from the General Fund to the Capital Reserve Fund.

I. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 in an amount not to exceed $45,000.

J. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $128,750 in fiscal year 2009/10.

K. Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500.

L. Consideration of a Resolution of Support of the League of California Cities, Other Cities and Counties in Challenging the Constitutionality of Seizure by Any State Government of the City’s Street Maintenance and Redevelopment Funds.

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. Consideration of an Ordinance Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled (Second Reading).

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (Second Reading).

C. Consideration of an Ordinance amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City (First Reading).

X. Resolutions
A. Consideration of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint Powers Agreement with Carmel Valley Fire District.

B. Consideration of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election.

XI. Orders of Council
A. Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.

B. Receive report and provide policy direction on a draft of the updated Housing Element of the General Plan.

C. Ratify Appointment to the Harrison Memorial Library Board of Trustees

D. 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, August 4, 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.

Any writings or documents provided to a majority of the City Council 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
July 7, 2009

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
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Sean Conroy, Planning and Building Services Manager

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

IV. EXTRAORDINARY BUSINESS
Mayor McCloud called for a moment of silence in honor of the passing of Kay Prine.
Introduction of Amy Donahue, new Executive Director of the Carmel Public Library Foundation.
Peter Mollman, a board member of the Carmel Public Library Foundation, introduced Amy Donahue.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session
City Attorney Don Freeman reported the Council had discussed three matters of existing litigation, one potential matter of litigation and provided direction regarding labor negotiations with the City’s bargaining units. Freeman said there were no public announcements.

B. Announcements from City Council members.
Council Member Sharp noted that she had attended a swearing-in ceremony for new citizens. She also spoke about the debut of the trolley over the July Fourth weekend and noted that the Herald had run a feature story about the trolley.

Council Member Rose noted that a concerted effort of several individuals and agencies allowed Carmel Regional Fire Ambulance to be retained, despite financial difficulties.

Council Member Hazdovac noted the success of the City’s Fourth of July celebration in Devendorf Park.

C. Announcements from City Administrator
1. Receive report on the Nicolay actuarial study on Other Post-Employment Benefits (OPEB).
Doug Tokerud, a senior consultant from Nicolay, presented the report.

2. Receive report from Tom Burns on Devendorf Park art show.
Tom Burns discussed the 2009 Carmel Art and Film Festival planned for October 8-11, 2009.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:09 p.m.

Stephen Moorer announced the opening of women’s restrooms at the Golden Bough, the final dates of “Laughter on the 23rd Floor” and “The Blue Room” and the upcoming productions of the “Carmel Follies” and “Oliver!”.

Barbara Livingston, President of the Carmel Residents Association, announced the release of “Carmel from A to Z” and the pending mailing of the directory.

Skip Lloyd noted there were numerous fires on the beach on the Fourth of July.

Mayor McCloud closed the meeting to public comment at 5:16 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of May 27, 2009.

B. Ratify the minutes for the regular meeting of June 2, 2009.

C. Ratify the minutes for the special meeting of June 9, 2009.

D. Ratify the minutes for the special meeting of June 16, 2009.

E. Ratify the bills paid for the month of June 2009.

F. Consideration of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.

G. Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.

H. Consideration of a Resolution accepting grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project and approving a transfer of $166,795 from the General Fund to the Capital Reserve Fund.

I. Consideration of a Resolution authorizing the City Administrator to execute a
Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 in an amount not to exceed $45,000.

J. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750 in fiscal year 2009/10.

K. Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500.

L. Consideration of a Resolution of Support of the League of California Cities, Other Cities and Counties in Challenging the Constitutionality of Seizure by Any State Government of the City’s Street Maintenance and Redevelopment Funds.

City Administrator Guillen pulled Item J to be heard at a future meeting.

City Attorney Don Freeman clarified that the fire contract proposed in Item K would
commence July 1, 2009.

Council Member Talmage pulled Item F for discussion at the end of the meeting.

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

Carolyn Hardy pulled Item K for discussion at the end of meeting.

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

Council Member ROSE moved adoption of the Consent Agenda Items A-E, G-I and L, as amended, seconded by Council Member HAZDOVAC and carried unanimously.

VIII. PUBLIC HEARINGS
A. None.

IX. ORDINANCES
A. Consideration of an Ordinance Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled (Second Reading).

Mayor McCloud opened the meeting to public comment at 5:24 p.m.

Roberta Miller read a statement into the record and Skip Lloyd addressed Council
regarding the election.

Mayor McCloud closed the meeting to public comment at 5:26 p.m.

Council Member ROSE moved adoption of an Ordinance on Second Reading Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled, 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 an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use
responsibilities to the Planning Commission (Second Reading).

Mayor McCloud opened and closed the meeting to public comment at 5:28 p.m.

Council Member ROSE moved adoption of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission, seconded by Council Member TALMAGE and carried by the following roll call:

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

C. Consideration of an Ordinance amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City (First Reading).

Sean Conroy, Planning Services Manager, presented the staff report.

Mayor McCloud opened the meeting to public comment at 5:33 p.m.

Safwat Malek and Jordan Daniels addressed Council.

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

Council Member ROSE moved adoption of an Ordinance on Second Reading amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City, 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. Consideration of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint
Powers Agreement with Carmel Valley Fire District.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 5:50 p.m.

Carolyn Hardy addressed Council.

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

Council Member Rose and City Administrator Guillen answered questions posed by the
public. Council Member ROSE moved adoption of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint Powers Agreement with Carmel Valley Fire District, 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

B. Consideration of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election.

Brian Roseth, Principal of Monterey Bay Planning Services, presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:02 p.m.

Barbara Livingston and Skip Lloyd addressed Council.

Mayor McCloud closed the meeting to public comment at 6:03 p.m.

City Attorney Don Freeman read aloud the proposed ballot language.

Council Member ROSE moved adoption of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election, 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

XI. ORDERS OF COUNCIL
A. Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:12 p.m.

Safwat Malek and Skip Lloyd, on behalf of the Carmel Residents Association, read a statement into the record, and Carolyn Hardy and Stephen Moorer addressed Council.

Mayor McCloud closed the meeting to public comment at 6:22 p.m.

Council directed staff to work with Bill Camille on a cost breakdown and report back at the next Council meeting.

B. Receive report and provide policy direction on a draft of the updated Housing
Element of the General Plan.

Sean Conroy, Planning Services Manager, introduced Magdalena Barker, from RBF Consulting, who presented the report.

Mayor McCloud opened and closed the meeting to public comment at 6:52 p.m.

C. Ratify Appointment to the Harrison Memorial Library Board of Trustees

Mayor McCloud and Mayor Pro Tem Sharp recommended Nancy Collins to finish out the term left vacant by the resignation of Denise Swift.

Council Member ROSE moved approval of the appointment of Nancy Collins to the Harrison Memorial Library Board of Trustees, 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

D. Scheduling Future City Council meetings – Please Bring Your Calendar
ITEM VII.F. – was heard at this time after being pulled from the Consent Agenda by Council Member Talmage.

Consideration of a Resolution approving a lease agreement with National Parking
and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.

Mayor McCloud opened and closed the meeting to public comment at 7:02 p.m.

Council Member HAZDOVAC moved approval of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012, seconded by Council Member ROSE and carried by the following roll call:

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

ITEM VII. -K. – was heard at this time after being pulled from the Consent Agenda by
Carolyn Hardy.

Consideration of a Resolution extending the agreement with the City of Monterey to
provide interim Fire Administration and Emergency Incident Management Services until
January 31, 2010, in an amount not to exceed $94,500.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:11 p.m.

Carolyn Hardy and Mary Ellen Thomas, on behalf of the Carmel Residents Association,
addressed Council.

Mayor McCloud closed the meeting to public comment at 7:16 p.m.

The second sentence in paragraph 1.2 of the agreement referring to “good faith effort” was struck.

Jim Thompson, Monterey Deputy City Manager, answered Council questions. He said the intent of the sentence in paragraph 1.2 deleted by Council was to indicate that
the City of Monterey could not continue to offer interim fire service to the City of Carmel indefinitely.

Council Member ROSE moved approval of a Resolution, as amended, extending the agreement with the City of Monterey to provide interim Fire Administration and
Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500, 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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 7:22 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR