CITY COUNCIL: AGENDA & MINUTES May 2010

AGENDA
Regular Meeting
Tuesday, May 4, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, May 9, 2010
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 certificate of recognition to Emma Finch, Carmel
Middle School student and Monterey County Spelling Bee champion.

B. Presentation of a check to the City from the Big Sur International
Marathon.

C. Appreciation of Gerard Rose for his decade of service to the City.

D. Appreciation of volunteer poll workers for the April 13 City election.

E. Recognition of Melissa Webster as the “2009 Police Support Person of the Year”.

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 the Mayor.

D. Announcements from City Administrator
1. Receive presentation on the Carmel Beach canine education and enforcement program.

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 April 6, 2010.

B. Ratify the minutes for the special meeting of April 20, 2010.

C. Ratify the minutes from the special meeting of April 27, 2010.

D. Ratify the bills paid for the month of April 2010.

E. Consideration of a Resolution approving the use of the Sunset Center
Theater, Lobby and Patio by The Carmel Foundation in September 2010 for its annual meeting from 4:00 p.m.-6:00 p.m.

F. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the Carmel Unified Youth Baseball program.

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 the Mills Act program found in the Historic Preservation Ordinance (First reading).

B. Consideration of an Ordinance amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority. (First reading).

X. Resolutions
A. Consideration of a Resolution approving a Joint Powers Agreement to
establish the Monterey County Regional Taxi Authority.

XI. Orders of Council
A. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. Adjournment
The next meetings of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, June 8, 2010 *
Council Chambers
*Please note this meeting is the second Tuesday of the month due to the Memorial Day holiday falling on the day preceding the first Tuesday.

Special Council Meeting: Budget Workshop – 4:30 p.m.
Thursday, May 20, 2010
Council Chambers

Special Council Meeting: Budget Workshop – 4:30 p.m.
Thursday, May 27, 2010
Council Chambers

Additional budget meetings in June may be scheduled, as needed.

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 wish to comment on and the microphone will be brought to you.

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
May 4, 2010

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 4:37 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
Mike Calhoun, Police Commander
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
A. Presentation of certificate of recognition to Emma Finch, Carmel
Middle School student and Monterey County Spelling Bee champion.
Mayor McCloud presented a certificate and City pin to Emma Finch.

B. Presentation of a check to the City from the Big Sur International Marathon.
Hugo Ferlito, chairman of the Big Sur International Marathon, presented the City with a check for $750 earmarked for the Mayor’s Youth Fund.

C. Appreciation of Gerard Rose for his decade of service to the City.
Mayor McCloud presented Gerard Rose with a plaque of appreciation and letter stating the City’s intent to donate $250 in his name to the Carmel Youth Center.

D. Appreciation of volunteer poll workers for the April 13 City election.
Mayor McCloud presented certificates of appreciation to the members of the Carmel Host Lions and two other individuals who served as volunteers poll workers.

E. Recognition of Melissa Webster as the “2009 Police Support Person of the
Year”.
Commander Mike Calhoun presented Melissa Webster with a certificate of recognition.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that Council met in Closed Session on
Monday, May 3, 2010. Council took action to deny an offer of sale of an
easement or sale of the Scout House in its entirety.

There were no announcements for the public in three matters of ongoing
litigations (Miller, Flanders and Mandurrago).

In a fourth matter of litigation, however, Council took action to join with cities of Monterey and Seaside to retain the Santa Barbara law firm Brownstein, Hyatt, Farber & Schreck related to the issue of water rationing. He said it is anticipated that the court will hear this matter by the end of this year.

B. Announcements from City Council members.
Assistant City Administrator Heidi Burch gave a Census 2010 update.

Mayor McCloud announced the appointment of Paula Hazdovac as Mayor Pro
Tempore.

Council Member Burnett encouraged residents to fill out Census forms he said it means between $3,000 to $30,000 per person in additional funding to the City and County over the next 10 years.

C. Announcements from City Administrator
1. Receive presentation on the Carmel Beach canine education and
enforcement program.

Commander Mike Calhoun presented the report on the canine education and
enforcement program.

City Administrator Rich Guillen reminded the Council and public that budget questions are due by 5:00 p.m. Wednesday, May 5th.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:10 p.m.
Richard Flower, from the Carmel Residents Association, gave his observations about the recent election. He praised City staff and the volunteer precinct workers, but said he felt the consultant, Martin & Chapman, provided inadequate training and support.

Carolina Bayne addressed Council regarding home delivery of mail and
identification of home addresses.

Carolyn Hardy addressed election costs, including the amount of staff time
dedicated to the process.

Rebecca Knight spoke about the public release of the 2nd Avenue geotechnical study.

Bob Jenkins addressed Earth Day activities.

Monta Potter, CEO of the Carmel Chamber of Commerce, said Pine Cone
reporter Mary Brownfield received a Chamber award at the organization’s Annual Membership Luncheon held earlier that day. Brownfield was congratulated by each of the Council members.

Barbara Livingston asked whether Council members read the agendas from the various boards and commissions.

Mayor McCloud closed the meeting to public comment at 5:31 p.m.

Council Member Talmage suggested that, in light of public comments, an afteraction evaluation of the election should be done.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of April 6, 2010.

B. Ratify the minutes for the special meeting of April 20, 2010.

C. Ratify the minutes from the special meeting of April 27, 2010.

D. Ratify the bills paid for the month of April 2010.

E. Consideration of a Resolution approving the use of the Sunset Center Theater, Lobby and Patio by The Carmel Foundation in September 2010 for its annual meeting from 4:00 p.m.-6:00 p.m.

F. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the Carmel Unified Youth Baseball program.

Mayor McCloud said that Item “F” would be continued to next month.

Council Member Burnett pulled items “A” and “B” for a separate motion as he was not on the Council for the April 6 and 20th meetings and, therefore, could not vote on theapproval of the minutes.

Mayor McCloud opened and closed the meeting to public comment at 5:37 p.m.

Council Member HAZDOVAC moved to approve Consent Agenda Items C, D and E,
seconded by Council Member SHARP and carried by the following roll call vote:

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

Council Member TALMAGE moved to approve Consent Agenda Items A and B, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

IX. ORDINANCES
IX-B Consideration of an Ordinance amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority. (First reading)

X-A Consideration of a Resolution approving a Joint Powers Agreement to
establish the Monterey County Regional Taxi Authority.

Items IX. B. and X.A. were heard out of order to accommodate the schedule of Debbie Hale, the executive director of the Transportation Agency for Monterey County. The two items were heard together because they were related.

Commander Mike Calhoun presented an overview of the taxi ordinance and the resolution.

Debbie Hale presented the report on the taxi ordinance and the resolution regarding the Taxi Authority JPA.

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

Taxi driver Dmitri Gourleyev, Lawson Little, president of Quail Lodge, Barbara Livingston, and Janine Chicourrat addressed the Council.

Mayor McCloud closed the meeting to public comment at 5:58 p.m.

Council Member HAZDOVAC moved to approve the first reading of an Ordinance amending Chapter 9.80 of the Municipal Code to establish regulations of the Monterey County Regional Taxi Authority, seconded by Council Member TALMAGE and carried by the following roll call vote:

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

Council Member HAZDOVAC then moved to approve a Resolution approving a Joint Powers Agreement to establish the Monterey County Regional Taxi Authority, also seconded by Council Member TALMAGE, and carried by the following roll call vote:

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

IX-A Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:08 p.m.

Allison Pratt Shelling, Monte Miller, Carl Iverson, Anne Bell, and Suzanne Paboojian addressed Council.

Mayor McCloud closed the meeting to public comment at 6:21 p.m.

Council Member TALMAGE moved to approve the first reading of an Ordinance
amending the Mills Act program found in the Historic Preservation Ordinance, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

Council Member Talmage requested staff to draft a Resolution for Council consideration that would place an approval cap of three Mills Act contracts per calendar year for residential properties and would require City Council to evaluate the success of the Mills Act program after five years.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:52 p.m.

Respectfully submitted, ATTEST:
_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD
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