CITY COUNCIL: AGENDA & MINUTES December 2009

City Council Members
Sue McCloud, Mayor
Paula Hazdovac
Gerard Rose
Karen Sharp
Ken Talmage

CITY OF CARMEL-BY-THE-SEA
City Council Agenda
Regular Meeting
Tuesday, December 1, 2009
4:30 p.m., Open Session

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

Broadcast date
Sunday, December 6, 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. Presentation of a $1,000 donation from Carmel Celebrates Community.

B. Presentation of a $2,000 donation from the Pacific Grove Concours Auto Rally for the D.A.R.E. Program.

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. Present FY 2008-09 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

2. Receive report on Telephonic Emergency Network System (TENS).

3. Present proposed budget calendar for FY 2010/2011.

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 regular meeting of November 3, 2009.

B. Ratify the bills paid for the month of November 2009.

C. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2010.

D. Consideration of a Resolution amending the agreement with CB Richard Ellis Consulting in the amount of $2,792.25 for additional services pertaining to the economic analysis of the Flanders Property.

E. Consideration of a Resolution authorizing the City Administrator to
execute a Consultant Services Agreement with RBF Consulting to prepare
an Initial Study for the Golden Bough Theatre remodel project in an
amount not to exceed $11,627.

F. Consideration of a Resolution adopting findings that the City’s Landscape Ordinance is at least as effective at conserving water as the Department of Water Resources’ (DWR) Updated Model Water Efficient Landscape Ordinance (UMWELO).

G. Consideration of a Resolution entering into an agreement with Monterey-Salinas Transit for trolley services in the amount of $22,671.75 in fiscal year 2009/10.

H. Consideration of a Resolution accepting a $2,000 donation from the Pacific Grove Concours Auto Rally for deposit into the Police Department D.A.R.E. Account.

I. Consideration of a Resolution accepting an $8,500 grant from the Monterey Peninsula Regional Park District (MPRPD) for dune habitat restoration and protection and ADA access improvements in the Del Mar and North Dunes area of Carmel Beach and authorizing a transfer from the Capital Projects Reserve for project expenditures until receipt of grant proceeds.

J. Consideration of a Resolution approving the application for $234,915 in grant funds from the State of California Recreational Trails Program.

K. Consideration of a Resolution adopting regulations for candidate
statements of qualifications for the Municipal Election to be held in the City on April 13, 2010.

L. Consideration of a Resolution authorizing the City Administrator to apply for Energy Efficiency and Conservation Block Grant (EECBG) funding
through the California Energy Commission for local energy efficiency
projects.

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 amending Green Building Ordinance 2009-8 to move the mandatory compliance date from January 1, 2010 to August 1, 2010. (Second reading)

X. Resolutions
A. Consideration of a Resolution authorizing participation in an Initial
Exploration and Analysis of Joint Fire Service Options.

B. Consideration of a Resolution authorizing the City of Carmel-by-the-Sea to participate in a Monterey Peninsula regional police Special Response Unit (SRU).

XI. Orders of Council
A. Consideration of recommendations from the Traffic and Safety Commission to add designated parking stalls along Monte Verde and Casanova Streets between Eighth and Ninth Avenues surrounding the Golden Bough Theatre.

B. Receive report and provide direction on a proposed project to construct a pedestrian pathway between the Pebble Beach Gate and 4th Avenue and a beach access staircase at the north end of Carmel Beach.

C. 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 5, 2010
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
December 1, 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 4:30 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
Mike Calhoun, Police Commander
Sean Conroy, Planning and Building Services Manager
Joyce Giuffre, Administrative Services Manager
III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of
Allegiance. She then asked for a moment of silence in memory of John Thodos.
IV. EXTRAORDINARY BUSINESS
A. Presentation of a $1,000 donation from Carmel Celebrates Community.
Committee member Pat Sippel presented the check to Mayor McCloud.
B. Presentation of a $2,000 donation from the Pacific Grove Concours Auto Rally for
the D.A.R.E. Program.
The check was presented by Jeanne Byrne to Police Corporal Steve Rana.
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V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS
AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that Council had met in Closed Session on
Monday, November 30, 2009, with Council Member Talmage participating via
telephone. They discussed two matters of current litigation, one matter of
potential litigation, and labor negotiations with Carmel Professional Firefighters
and LIUNA/UPEC Local 792. There were no announcements for the public.
Freeman gave an update on the California-American Water Cease and Desist
Order.
B. Announcements from City Council members.
Mayor McCloud congratulated Council Member Hazdovac on her recent wedding.
Council Member Hazdovac thanked everyone involved in the Homecrafters’ Marketplace
held on November 21.
Mayor McCloud announced the City Holiday Tree Lighting to be held on Friday,
December 4.
City Administrator Rich Guillen showed a short DVD on a new beach rake that was
demonstrated on December 1.
C. Announcements from City Administrator
1. Present FY 2008-09 Draft Audited Financial Statements by
Ralph Marcello, Marcello & Company CPAs.
Ralph Marcello presented the report.
2. Receive report on Telephonic Emergency Network System (TENS).
This item was continued to a future meeting.
3. Present proposed budget calendar for FY 2010/2011.
City Administrator Rich Guillen reviewed the proposed calendar. Based on
Council comments, the schedule will be revised for further Council
consideration in January.
VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:02 p.m.
Carolyn Hardy spoke about fire services.
Fred Curran spoke about the possible reopening of 2nd Avenue to through traffic.
Bob Oliver spoke about traffic stop profiling.
Greg Schultz spoke about the possible reopening of 2nd Avenue to through traffic.
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Ian Watts, president of the Carmel Firefighters Association, spoke about public
support for the Fire Department.
Mitch Kastros, member of the Carmel Fire Department, detailed a serious
residential fire in Carmel to which the Carmel and Monterey fire departments
responded.
Mayor McCloud closed the meeting to public comment at 5:18 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of November 3, 2009.
B. Ratify the bills paid for the month of November 2009.
C. Consideration of a Resolution approving the Regular Meeting Schedule of the
City Council for 2010.
D. Consideration of a Resolution amending the agreement with CB Richard Ellis
Consulting in the amount of $2,792.25 for additional services pertaining to the
economic analysis of the Flanders Property.
E. Consideration of a Resolution authorizing the City Administrator to execute a
Consultant Services Agreement with RBF Consulting to prepare an Initial Study
for the Golden Bough Theatre remodel project in an amount not to exceed
$11,627.
F. Consideration of a Resolution adopting findings that the City’s Landscape
Ordinance is at least as effective at conserving water as the Department of Water
Resources’ (DWR) Updated Model Water Efficient Landscape Ordinance
(UMWELO).
G. Consideration of a Resolution entering into an agreement with Monterey-Salinas
Transit for trolley services in the amount of $22,671.75 in fiscal year 2009/10.
H. Consideration of a Resolution accepting a $2,000 donation from the
Pacific Grove Concours Auto Rally for deposit into the Police Department
D.A.R.E. Account.
I. Consideration of a Resolution accepting an $8,500 grant from the Monterey
Peninsula Regional Park District (MPRPD) for dune habitat restoration and
protection and ADA access improvements in the Del Mar and North Dunes area
of Carmel Beach and authorizing a transfer from the Capital Projects Reserve for
project expenditures until receipt of grant proceeds.
J. Consideration of a Resolution approving the application for $234,915 in grant
funds from the State of California Recreational Trails Program.
K. Consideration of a Resolution adopting regulations for candidate statements of
qualifications for the Municipal Election to be held in the City on April 13, 2010.
L. Consideration of a Resolution authorizing the City Administrator to apply for
Energy Efficiency and Conservation Block Grant (EECBG) funding through the
California Energy Commission for local energy efficiency projects.
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Mayor McCloud requested that Item J be pulled from the Consent Agenda for discussion at the
end of the meeting and requested that Item H to be amended to reflect that the Mayor, not the
Public Safety Director, will write a thank you letter.
Council Member TALMAGE moved to approve Consent Agenda Items A-I and K-L, (with
the amendment to Item H), seconded by Council Member HAZDOVAC and carried by the
following roll call vote:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP;
TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
VIII. PUBLIC HEARINGS
A. None.
IX. ORDINANCES
A. Consideration of an Ordinance amending Green Building Ordinance 2009-8 to move
the mandatory compliance date from January 1, 2010 to August 1, 2010. (Second
reading)
Mayor McCloud opened and closed the meeting to public comment at 5:23 p.m.
Council Member ROSE moved to adopt the ordinance to amend the mandatory
starting date of Green Building Ordinance 2009-8 from January 1, 2010 to
August 1, 2010, 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
X. RESOLUTIONS
A. Consideration of a Resolution authorizing participation in an Initial Exploration and
Analysis of Joint Fire Service Options.
City Administrator Rich Guillen presented the staff report.
Mayor McCloud opened the meeting to public comment at 5:30 p.m.
Carolyn Hardy spoke to the issue.
Barbara Livingston (message read by Cathy Frederickson) spoke to the issue.
George Haines, unit chief of CALFIRE, spoke in favor of the Resolution.
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Mayor McCloud closed the meeting to public comment at 5:40 p.m.
Council Member TALMAGE moved approval of a Resolution authorizing participation in
an Initial Exploration and Analysis of Joint Fire Service Options and requested that staff
return with a report to Council that outlines all possible options for fire service for their
review, seconded by Council Member ROSE 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
Council took a short break at 5:50 p.m. and reconvened at 5:53 p.m.
B. Consideration of a Resolution authorizing the City of Carmel-by-the-Sea to
participate in a Monterey Peninsula regional police Special Response Unit (SRU).
Commander Mike Calhoun presented the staff report.
Council Member ROSE moved approval of a Resolution authorizing the City of
Carmel-by-the-Sea to participate in a Monterey Peninsula regional police Special Response
Unit (SRU), 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. Consideration of recommendations from the Traffic and Safety
Commission to add designated parking stalls along Monte Verde and
Casanova Streets between Eighth and Ninth Avenues surrounding the
Golden Bough Theatre.
Item XI-A was continued.
B. Receive report and provide direction on a proposed project to construct a
pedestrian pathway between the Pebble Beach Gate and 4th Avenue and a
beach access staircase at the north end of Carmel Beach.
Building and Planning Manager Sean Conroy presented the staff report
and said that the California Coastal Commission had indicated their
request that the City include a boardwalk as part of the plan.
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Mayor McCloud opened the meeting to public comment at 6:17 p.m.
Rob Hamblin, a neighbor, spoke about the walkway.
Laura Overett, a neighbor, spoke about safety, privacy, and noise issues, and
urged erecting a solid-style fence.
Mayor McCloud closed the meeting to public comment at 6:23 p.m.
Council recommended four things to staff: that the overall project be divided into
two phases, beginning with the pathway between 4th Avenue and the Pebble
Beach Gate; to establish a landscaping plan for the residents west of the pathway;
to build a fence that has safety, rather than aesthetics, as its primary concern; and
to consider placing wood-based bollards to delineate the curb and the street. City
Administrator Guillen said he would meet with Mark Stilwell of the Pebble
Beach Company to share these recommendations.
C. Scheduling Future City Council meetings – Please Bring Your
Calendar
Item VII-J—had been pulled by Mayor McCloud from the Consent Agenda:
Consideration of a Resolution approving the application for $234,915 in grant funds from
the State of California Recreational Trails Program.
Mayor McCloud asked for clarification of the “boardwalk” mentioned in the grant
application. The application will be amended to eliminate that term and instead call it a
“pathway”.
Council Member HAZDOVAC moved approval of Item VII-J of the Consent Agenda, with
the changes, seconded by Council Member TALMAGE and carried unanimously.
XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:35 p.m.
Respectfully submitted, ATTEST:
_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR SUE McCLOUD