CITY COUNCIL: AGENDA & MINUTES July 2010

AGENDA
Regular Meeting
Tuesday, July 13, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, July 18, 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 certification of appreciation to Joe Truskot, outgoing president and chief executive of the Monterey Symphony Board of
Directors.

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 Quarterly Marketing Report from Jeff Burghardt.

2. Receive report on Carmel Regional Fire Ambulance response times.

3. Receive report on City’s Emergency Preparedness Plan.

4. Receive report on Green Building Program.

5. Receive report on Regional Stormwater Group education campaign.

6. Receive update on beach rake.

VI. Public Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City that are not on today’s 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 Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise City Clerk Heidi Burch as to which item you wish 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 June 2, 2010.

B. Ratify the minutes for the regular meeting of June 8, 2010.

C. Ratify the minutes for the special meeting of June 16, 2010.

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

E. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $180,403, as approved in the Fiscal Year 2010/11 budget.

F. Consideration of a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors.

G. Consideration of a Resolution authorizing the sale of wine by Pacific Repertory Theater (PacRep) at its Forest Theater performances from August 19, 2010 to October 17, 2010.

H. Consideration of a Resolution authorizing the fumigation of the Flanders House by Ailing House in the amount not to exceed $5,500.

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. Consideration of a Resolution adopting the updated Housing Element of the General Plan and a Negative Declaration.

IX. Ordinances
A. None.

X. Resolutions
A. Consideration of a Resolution supporting the proposed Monterey Regional Water Supply Program.

XI. Orders of Council
A. Receive report from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates.

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

XII. Adjournment to Closed Session
The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, August 3, 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
July 13, 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 4:34 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
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
A. Presentation of a certification of appreciation to Joe Truskot, outgoing president and chief executive of the Monterey Symphony Board of
Directors.

Mayor McCloud presented the certificate to Joe Truskot.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that Council would meet in Closed Session after the regular Council meeting.

B. Announcements from City Council members.
Council Member Sharp addressed Council regarding the trolley.

Council Member Hazdovac noted the City’s Fourth of July celebration and
thanked staff.

Mayor McCloud noted the article in the Monterey Herald about John Thodos
receiving a fellowship award posthumously from the American Institute of
Architects. This is that organization’s highest honor.

C. Announcements from City Administrator
1. Receive Quarterly Marketing Report from Jeff Burghardt.
Jeff Burghardt presented the quarterly marketing report and noted the website traffic, consumer and business e-blasts and the upcoming marketing campaigns.

2. Receive report on Carmel Regional Fire Ambulance response times.
Public Safety Director George Rawson presented the report.

3. Receive report on City’s Emergency Preparedness Plan.
Public Safety Director George Rawson presented the report.

4. Receive report on Green Building Program.
City Administrator Guillen presented the report.

5. Receive report on Regional Stormwater Group education campaign.
Assistant City Administrator Heidi Burch presented the report.

6. Receive update on beach rake.
City Administrator Guillen presented the report.

VI. PUBLIC APPEARANCES
Mayor McCloud opened and closed the meeting to public comment at 5:21 p.m.

There were no public appearances.

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of June 2, 2010.

B. Ratify the minutes for the regular meeting of June 8, 2010.

C. Ratify the minutes for the special meeting of June 16, 2010.

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

E. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $180,403, as approved in the Fiscal Year 2010/11 budget.

F. Consideration of a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors.

G. Consideration of a Resolution authorizing the sale of wine by Pacific Repertory Theater (PacRep) at its Forest Theater performances from August 19, 2010 to October 17, 2010.

H. Consideration of a Resolution authorizing the fumigation of the Flanders House by Ailing House in the amount not to exceed $5,500.

City Administrator Guillen pulled Item H for presentation at the September
Council meeting.

Council Member Talmage pulled Items E & G for clarification.

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

City Administrator Guillen and Jeff Burghardt answered Council questions.

Mike Brown addressed Council regarding Item E.

Council pulled Item E. for further discussion at the end of the meeting.

Council Member TALMAGE moved to approve the Consent Agenda Items A-D and
F-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
A. Consideration of a Resolution adopting the updated Housing Element of the General Plan and a Negative Declaration.

Planning and Building Services Manager Sean Conroy presented the staff report.

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

Council Member HAZDOVAC moved to approve a Resolution adopting the updated Housing Element of the General Plan and a Negative Declaration, 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
None

X. RESOLUTIONS
A. Consideration of a Resolution supporting the proposed Monterey Regional Water Supply Program.

Mayor McCloud noted two changes to the Resolution: the deletion of the words “economical and…” and the addition of the phrase “…and ensure that the six Peninsula cities participate in its governance.”

Mayor McCloud opened the meeting to public comment at 5:39 p.m.

Roberta Miller addressed Council.

Mayor McCloud provided an update on the regional support of the proposed program.

Jim Emery and Carrie Theis, President of the Carmel Innkeepers Association, addressed Council.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

Council Member TALMAGE moved to adopt a Resolution, as amended, supporting the proposed Monterey Regional Water Supply Program, 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 from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates.

Tom Gaffney, a principal of Bartle Wells Associates, presented the report.

Mayor McCloud opened and closed the meeting to public comment at 6:14 p.m.

On a motion by Council Member BURNETT, and seconded by Council Member TALMAGE, Council moved to proceed with refinancing the lease certificates and authorized the City Administrator, in consultation with Bartle Wells, to determine the appropriate time for this, so that so the annualized savings will reduce the bond reserve from $550,000 to $400,00, and passed unanimously.

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

Item VII-E was pulled from the Consent Agenda for further discussion.

VII.E. Consideration of a Resolution entering into an agreement with
Burghardt + Doré Advertising, Inc. for destination marketing services
in an amount not to exceed $180,403, as approved in the Fiscal Year
2010/11 budget.

Mayor McCloud opened to public comment 6:35 p.m.

Mike Brown, Monta Potter, CEO of the Carmel Chamber of Commerce, and Vicki Lynch, Chair of the Board of Directors of the Carmel Chamber of Commerce, all spoke to the issue.

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

Council Member Talmage requested input from Carrie Theis, President of the Carmel Innkeepers Association. Council Member Hazdovac requested information from Jeff Burghardt.

Jeff Burghardt answered questions from the public and Council.

Mike Brown addressed Council.

Council Member HAZDOVAC moved to approve a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $180,403, as approved in the Fiscal Year 2010/11 budget, 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

XII. ADJOURNMENT TO CLOSED SESSION
Mayor McCloud declared the Regular Meeting adjourned at 6:46 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD


MINUTES
CITY COUNCIL REPORT ON CLOSED SESSION
CITY OF CARMEL-BY-THE-SEA
July 13, 2010

I. ROLL CALL
City Clerk Heidi Burch called the roll at 6:47 p.m.

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
George Rawson, Public Safety Director

II. ORDERS OF COUNCIL
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council adjourned to Closed Session to consider the following:

1. Existing Litigation - Government Code Section 54956.9(a). – Conference with legal counsel regarding Jane Kingsley Miller, Plaintiff, v. City of Carmel-by-the-Sea and Does 1-100 – Monterey County Superior Court Case No. M99513.

III. ANNOUNCEMENTS IN OPEN SESSION
Council returned to Chambers from Closed Session at 6:53 p.m. City Attorney Don Freeman reported that a settlement had been reached by both parties in the matter discussed during the Closed Session. The settlement agreement was provided to the public.

IV. ADJOURNMENT
The meeting was adjourned at 6:59 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD