CITY COUNCIL: AGENDA & MINUTES June 2010

AGENDA
Regular Meeting
Tuesday, June 8, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, June 13, 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 a certificate of appreciation to the volunteers from the Church of Jesus Christ of Latter-day Saints for beautification projects.

B. Presentation of a certificate of appreciation for outgoing Historic Resources Board member Nicole Schroeder.

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

B. Announcements from the Mayor and 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 SCC, Inc.’s FY 2009-2010 3rd Quarter Financial Report.

VI. Public 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 May 4, 2010.

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

C. Ratify the bills paid for the month of May 2010.

D. Consideration of a Resolution approving the free use of the Sunset
Center Theater by The Carmel Garden Club on May 14, 2011 for its Annual Flower Show.

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

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

G. Consideration of a Resolution amending the Joint Powers Agreement for the Monterey County Regional Taxi Authority to include an Addendum related to the Monterey Peninsula Airport District.

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 (Second reading).

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

X. Resolutions
A. Consideration of a Resolution entering into an agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates.

B. Consideration of a Resolution setting an approval limit of three Mills Act Contracts for residential properties within a calendar year and requiring City Council evaluation of the program after five years.

C. Consideration of a Resolution approving a management policy for the City’s art collection.

XI. Orders of Council
A. Receive report and provide policy direction on the City paid home mail delivery.

B. Consideration of changes to the rules and regulations regarding fires on Carmel Beach.

C. Review report and provide policy direction on appointing a CalPERS Retirement Advisory Committee to draft a report on the impacts of funding and sustaining the employee retirement and health care plans.

D. Receive report and provide policy direction on proposed placement of a resin mold of “The Art of the US Open” by Richard MacDonald in Devendorf Park, June 11-21, 2010.

E.. Receive report and provide policy direction on a proposed 5K and 2K Run/Walk sponsored by the Big Sur International Marathon’s Just Run! Program on June 19, 2011.

F. Ratify appointment to the Historic Resources Board.

G. 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, July 14, 2010 *
Council Chambers
*Please note this meeting is the second Tuesday of the month due to the City’s observance of the Independence Day holiday on July 5th, the day preceding the first Tuesday.

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
June 8, 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 4:33 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 a certificate of appreciation to the volunteers from the
Church of Jesus Christ of Latter-day Saints for beautification projects.
Jonathan Spencer accepted the Certificate of Appreciation from Mayor McCloud on behalf of the 73 volunteers from the Monterey First Ward of the Church of Latter-day Saints who removed ice plant on the dunes.

B. Presentation of a certificate of appreciation for outgoing Historic Resources Board member Nicole Schroeder.
This item was continued as Nicole Schroeder was not in attendance.

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, Jun 7, 2010 regarding four items.

There were no announcements for the public on three matters of ongoing
litigation (Miller, Flanders and Mandurrago) or the City Administrator’s
evaluation.

B. Announcements from City Council members.
Mayor McCloud asked for a moment of silence in honor of Colin Kuster and John Hicks.

Mayor McCloud introduced Dan Powers, and his son, Bradford, who recited the poem, “Casey at the Bat.”

She and City Attorney Don Freeman addressed Council regarding the water hearings on the Cease and Desist Order.
C. Announcements from City Administrator

1. Receive SCC, Inc.’s FY 2009-2010 3rd Quarter Financial Report.
Jim Price, Chairman of the Sunset Center Board of Trustees, noted Sunset
Center’s Annual Community Meeting on June 26th and the recent mailing of the season brochure. Dave Parker, Board Treasurer, then presented the Center’s 3rd Quarter financial report. Executive Director Peter Lesnik followed up with a report on the utilization of the Center.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:11 p.m.

Carl Iverson noted Carmel Heritage’s Annual Home Tour on Saturday, June 12th, from 1:00-5:00 p.m.

Carla Ramsey thanked the City for removing abandoned cars on 8th and Monte Verde. She spoke about installing paid parking at Vista Lobos, the Scout House and Rio Park, and having kiosks, rather than meters, for paid parking in the Commercial District.

Kenneth Loch, from Santa Barbara, spoke about his art and involvement in physical education.

Monte Miller thanked the Mayor for her participation in the regional water issue.

Lenny Shapiro, owner of Wyland Gallery, addressed Council regarding artwork placed on a tree stump on the sidewalk in front of the gallery.

Barbara Livingston spoke about the City’s tree policy.

Mayor McCloud closed the meeting to public comment at 5:27 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of May 4, 2010.

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

C. Ratify the bills paid for the month of May 2010.

D. Consideration of a Resolution approving the free use of the Sunset Center Theater by The Carmel Garden Club on May 14, 2011 for its Annual Flower Show.

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

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

G. Consideration of a Resolution amending the Joint Powers Agreement for the Monterey County Regional Taxi Authority to include an Addendum related to the Monterey Peninsula Airport District.

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

Council Member HAZDOVAC moved to approve the Consent Agenda Items A-G, seconded by Council Member SHARP 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

VIII. PUBLIC HEARINGS
There were no Public Hearings.

X. RESOLUTIONS
Mayor McCloud requested that item X.A. be heard out of order to accommodate the schedule of the representative from Bartle Wells Associates.

X.A. Consideration of a Resolution entering into an agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates.

Tom Gaffney, Principal of Bartle Wells Associates, presented his report to the Council and clarified firm’s fees.

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

Council Member HAZDOVAC moved to approve a Resolution entering into an
agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates, seconded by Council Member SHARP, 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. ORDINANCES
A. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (Second reading).

Mayor McCloud opened and closed the meeting to public comment at 6:00 p.m.

Council Member TALMAGE moved to approve the second 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

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

Mayor McCloud opened and closed the meeting to public comment at 6:01 p.m.

Council Member HAZDOVAC moved to approve the second 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

X. RESOLUTIONS
A. Consideration of a Resolution entering into an agreement with Bartle Wells Associates for financial advising services on the refunding of the 2001 Sunset Center Lease Certificates.
This item was heard earlier in the meeting.

B. Consideration of a Resolution setting an approval limit of three Mills Act Contracts for residential properties within a calendar year and requiring City Council evaluation of the program in five years.

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

Erl Lagerholm addressed Council.

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

Planning and Building Services Manager Sean Conroy addressed public
comments.

Council Member TALMAGE moved to adopt a Resolution setting an approval limit of three Mills Act Contracts for residential properties within a calendar year and requiring City Council evaluation of the program in five years, seconded by Council Member SHARP, 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

C. Consideration of a Resolution approving a management policy for the City’s art collection.

Sheryl Nonnenberg, an art consultant to the City, answered questions from
Council.

Council Member TALMAGE moved to adopt a Resolution approving a management policy for the City’s art collection, seconded by Council Member BURNETT, 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

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on the City paid home mail
delivery.
City Administrator Guillen continued Item XI-A to a future meeting at the request of Carolina Bayne, who was unable to be in attendance.

B. Consideration of changes to the rules and regulations regarding fires on Carmel Beach.

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:32 p.m.

Skip Lloyd, board member of the Carmel Residents Association and Steve Brooks addressed Council regarding this item.

Mayor McCloud closed the meeting to public comment at 6:40 p.m.

Council directed staff to: develop a bilingual rack card with information on the existing regulations for beach fires and have Police officers and volunteers distribute; continue pursuing lease of a beach rake; and increase enforcement of beach rules.

C. Review report and provide policy direction on appointing a CalPERS Retirement Advisory Committee to draft a report on the impacts of funding and sustaining the employee retirement and health care plans.

Council Member Burnett presented the report.

Mayor McCloud opened the meeting to public comment at 7:34 p.m.

Barbara Livingston spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:35 p.m.

Council Members will seek out citizens who may be interested and qualified to serve on this ad hoc committee. The City Administrator will receive applications and will provide direction to the committee once it is formed.

D. Receive report and provide policy direction on proposed placement of a resin mold of “The Art of the US Open” by Richard MacDonald in Devendorf Park, June 11-21, 2010.

CarrieAnn, Assistant Director of Richard MacDonald-Dawson Cole Fine Art,
gave a presentation and answered questions.

Council Member HAZDOVAC moved to allow the placement of the resin mold statue in Devendorf Park from June 11-21, 2010, on the condition that the MacDonald Gallery: provide 24-hour security around the statue for the full 10-day period; complete a special event permit; and have proof of full liability insurance coverage, seconded by Council Member SHARP, and carried by the following roll call vote:

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

E. Receive report and provide policy direction on a proposed 5K and 2K Run/Walk sponsored by the Big Sur International Marathon’s Just Run! Program on June 19, 2011.

Susan Love, administrator of the Big Sur International Marathon’s Just Run! Program, gave the presentation and answered questions.

Mayor McCloud opened the meeting to public comment at 8:34 p.m.

Thompson Lange, Bobby Richards, and Peter Lesnik addressed Council.

Mayor McCloud closed the meeting to public comment at 8:36 p.m.

Council Member TALMAGE moved to approve the proposed 5K and 2K Run/Walk sponsored by the Big Sur International Marathon’s Just Run! Program on June 19, 2011, seconded by Council Member HAZDOVAC, and carried by the following vote:

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

F. Ratify appointment to the Historic Resources Board.
Gregory Carper was appointed by the Mayor to serve on the Historic Resources Board, completing the term vacated by Nicole Schroeder.

Council Member BURNETT moved to accept the appointment of Gregory Carper to the Historic Resources Board, seconded by Council Member SHARP, and carried by the following vote:

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

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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 8:45 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD