CITY COUNCIL: Agenda & Minutes October 2010

AGENDA
Regular Meeting
Tuesday, October 5, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, October 10, 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. Introduction of Finance Specialist Deanna Allen.

B. Recognition of Dave Jedinak from Monterey County Emergency Services.

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 report on the Toyota Prius Demonstrator Program.

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 Regular Meeting of September 14, 2010.

B. Ratify the bills paid for the month of September 2010.

C. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement for a grid pruning project and award the contract for the project to West Coast Arborists, Inc. in an amount not to exceed $36,979.

D. Consideration of a Resolution authorizing the City Administrator to enter into an agreement for shared services between the City of Carmel-by-the-Sea and the City of Pacific Grove for use of its jail facilities.

E. Consideration of a Resolution authorizing participation in a multi-agency agreement for the maintenance and operation of a County-wide mobile data communication system in the amount of $2,760.

F. Consideration of a Resolution authorizing a payment of $98,326.04 for the construction of the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue.

G. Consideration of a Resolution approving one of the City’s free use days at the Sunset Center Theater for the 2010 Carmel Authors and Ideas Festival held from September 24-26, 2010.

H. Consideration of a Resolution approving the application for grant funds in the amount of $72,000 from the State of California’s Habitat Conservation Fund to complete specific projects of the Del Mar Master Plan.

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 authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2011-2012.

IX. Ordinances
A. None.

X. Resolutions
A. None.

XI. Orders of Council
A. Consideration of a request to amend Carmel Municipal Code Section 6.08.120 to allow for the keeping of chickens in the City of Carmel-by-the-Sea. The applicant is Anna Yateman.

B. Consideration of recommendations from the Window Committee and Planning Commission regarding the City’s policy on residential window applications.

C. Receive report and provide policy direction on options for the 2012 Municipal Election.

D. Receive report and consider modifications to Devendorf Park.

E. 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, November 2, 2010

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
October 5, 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, McCloud

ABSENT: Council Member Talmage (excused)

STAFF PRESENT: Heidi Burch, Assistant City Administrator/City Clerk
Don Freeman, City Attorney
George Rawson, Public Safety Director
Mike Calhoun, Police Commander
Sean Conroy, Planning and Building Manager
Marc Wiener, Associate Planner
Mike Branson, City Forester

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

Mayor McCloud reported that City Administrator Guillen was absent due to vacation and that Council Member Talmage also was absent due to the birth of a new grandson.

IV. EXTRAORDINARY BUSINESS
A. Introduction of Finance Specialist Deanna Allen.
Assistant City Administrator Heidi Burch introduced Deanna Allen.

B. Recognition of Dave Jedinak from Monterey County Emergency Services.
Public Safety Director George Rawson announced the recognition.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman said there had been no Closed Session.

B. Announcements from City Council members.
Council Member Sharp introduced Sean Conroy, Planning and Building Services
Manager who provided a report on the City’s Green Building standards. She also gave a report on the Regional Taxi Authority.

Council Member Hazdovac noted the excellent turnout for the 50th Great Sandcastle Contest on October 3, thanked all those involved, and said it was a wonderful family event.

Council Member Burnett noted the success of the 2010 Coastal Cleanup Day on
September 25 and thanked the many volunteers involved. City Clerk Heidi Burch further noted that Carmel was commended for having the highest number of volunteers in the area.

Mayor McCloud announced Carmel has achieved excellent recycling rates (75%
for residential; 61% for business); provided an update on SmartMeter TM installation schedules (2011-12); said Building Inspector John Hanson will return to work on October 11; reported on the various venues for the upcoming Carmel Art and Film Festival; reported on the landscaping work being done at the Harrison Memorial Library (courtesy of a generous donation by the Carmel Garden Club); and said the Sunset Bonds are expected to go on sale by October 8. Finally, Mayor McCloud announced the selection of five members to the ad hoc CalPERS Committee and presented short biographies on each. The members are: Richard Borda; Joe Mark; Barbara Santry; Bill Sharpe; and Laura Zehm.

C. Announcements from City Administrator
1. Receive report on the Toyota Prius Demonstrator Program.
Police Commander Mike Calhoun presented the report on the program.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:00 p.m.

Pastor Norm Mowry of the Church of the Wayfarer announced the Blessing of the
Animals on October 10.

Skip Lloyd addressed Council regarding the beach and read a statement on behalf of the Carmel Residents Association regarding the matter of City Administrator Guillen.

Fire Captain Mitch Kastros provided updates to the Council on the beach cleanup, fire training, and the Fire Department’s annual open house on October 9.

Corporal Steve Rana, speaking on behalf the Carmel Police Officers Association,
addressed employee morale and updated Council on the awards bestowed upon
the Carmel Police Department’s 1951 Chevy in several recent car shows.

Mayor McCloud closed the meeting to public comment at 5:11 p.m.

VII. CONSENT CALENDAR
City Attorney Don Freeman said he added additional language to the shared services agreement referenced in Consent Item “D” and provided background information and further clarification of what Council needed to address in Item “I”.

Council Member Burnett asked to pull Items “F”, “H” and “I” for further discussion at the end of the meeting.

A. Ratify the minutes for the Regular Meeting of September 14, 2010.

B. Ratify the bills paid for the month of September 2010.

C. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement for a grid pruning project and award the contract for the project to West Coast Arborists, Inc. in an amount not to exceed $36,979.

D. Consideration of a Resolution authorizing the City Administrator to enter
into an agreement for shared services between the City of Carmel by-the-Sea and the City of Pacific Grove for use of its jail facilities.

E. Consideration of a Resolution authorizing participation in a multi-agency agreement for the maintenance and operation of a County-wide mobile data communication system in the amount of $2,760.

F. Consideration of a Resolution authorizing a payment of $98,326.04 for the construction of the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue.

G. Consideration of a Resolution approving one of the City’s free use days at the Sunset Center Theater for the 2010 Carmel Authors and Ideas Festival held from September 24-26, 2010.

H. Consideration of a Resolution approving the application for grant funds in the amount of $72,000 from the State of California’s Habitat Conservation Fund to complete specific projects of the Del Mar Master Plan.

I. Consideration of a Resolution authorizing the Mayor to submit a letter to the California Public Utilities Commission (CPUC) protesting the Cal-Am request for a moratorium on all new water hookups.

Mayor McCloud opened and closed the meeting to public comment at 5:20 p.m.

Council Member SHARP moved to approve the Consent Agenda Items A-C, D (as amended), E and G, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

VIII. PUBLIC HEARINGS
A. Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2011-2012.

Commander Mike Calhoun presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 5:18 p.m.

Council Member HAZDOVAC moved adoption of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2011-2012, seconded by Council Member BURNETT and carried by the following roll call vote:

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

IX. ORDINANCES
A. None.

X. RESOLUTIONS
A. None.

XI. ORDERS OF COUNCIL
A. Consideration of a request to amend Carmel Municipal Code Section 6.08.120 to allow for the keeping of chickens in the City of Carmel-by-the-Sea. The applicant is Anna Yateman.

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

Mayor McCloud opened the meeting to public comment at 5:25 p.m.

Anna Yateman; Elizabeth Conti-Yeo, Pacific Grove Animal Control Officer; Cindi
Mitchell, Carmel Animal Control Officer; Monta Potter, CEO of the Chamber of
Commerce; Marlene Martin; Rebecca Lee; James Aaron Jungroth; Matt Little; Marilyn Woods; Kathy Lane; and Barbara Livingston all spoke to the issue.

Mayor McCloud closed the meeting to public comment at 5:40 p.m.

Animal Control Officers Conti-Yeo and Mitchell answered Council questions.

By consensus, Council directed staff to draft an ordinance to allow two hens per property.

In a separate motion, Council Member SHARP moved to deny the requested fee waiver for the application fee for this project, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

B. Consideration of recommendations from the Window Committee and Planning
Commission regarding the City’s policy on residential window applications.

Associate Planner Marc Wiener presented the staff report.

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

Charlotte Townsend, Rudy Fischer, Chris Hubbard from Sierra Pacific Windows, Barbara Livingston, Carla Ramsey, Roberta Miller, Victoria Beach and Nancy Moresco addressed Council.

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

Marc Wiener and Planning Commissioner Victoria Beach answered Council questions.

Council Member BURNETT moved to reaffirm the Design Guidelines, as currently written, and to encourage the Planning Commission to return to Council with any suggested language to clarify the intent of the Guidelines, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

C. Receive report and provide policy direction on options for the 2012 Municipal Election.

City Clerk Heidi Burch presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 7:05 p.m.

Council Member HAZDOVAC moved to recommend the City continue to hold its Municipal election in April of even years, seconded by Council Member BURNETT and carried by the following roll call vote:

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

D. Receive report and consider modifications to Devendorf Park.

City Forester Mike Branson presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:24 p.m.

Barbara Livingston and Monta Potter spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:27 p.m.

Council Member HAZDOVAC moved to trim and thin the camellias, add a small pathway to Mission Street near the Korean War Memorial, and trim the area around the statue of Frank Devendorf, seconded by Council Member BURNETT and carried by the following roll call vote:

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

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

VII. CONSENT CALENDAR
Council Member Burnett had requested that Items “F”, “H” and “I” be pulled for further discussion at the end of the meeting.

F. Consideration of a Resolution authorizing a payment of $98,326.04 for the
construction of the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue.

H. Consideration of a Resolution approving the application for grant funds in
the amount of $72,000 from the State of California’s Habitat Conservation Fund to complete specific projects of the Del Mar Master Plan.

Mayor McCloud opened the meeting to public comment at 7:42 p.m.

Kristy Downing spoke on the issue of Item “F”.

Mayor McCloud closed the meeting to public comment at 7:43 p.m.

Council Member HAZDOVAC moved to approve Consent Item F, seconded by Council
Member BURNETT, who then amended the motion, to also provide direction to staff to find money elsewhere in the budget so that the net reserves is what Council approved in the Fiscal Year 2010-11 budget, and carried by the following roll call vote:

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

Council Member BURNETT moved to approve Consent Item H, with the same stipulation that staff find money elsewhere in the budget so that the net reserves is what Council approved in the Fiscal Year 2010-11 budget, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

I. Consideration of a Resolution authorizing the Mayor to submit a letter to the California Public Utilities Commission (CPUC) protesting the Cal-Am request for a moratorium on all new water hookups.

City Attorney Don Freeman reported that earlier in the afternoon (of the meeting date), a request had come to his attention, requesting that the Council approve joining with other Peninsula cities to take action to intervene by filing an opening brief with the California Public Utilities Commission (CPUC) by October 8. Submitting a letter would be a fallback option, he said. He added that upon a 4/5 vote of the Council, an urgency item (i.e. an urgent matter that came to the attention of Council since the publication of the agenda) could be placed on the agenda that would satisfy the change in action requested. This issue is classified as “urgent” because of the immediate deadline.

Council Member SHARP moved to add an item to the agenda to approve the request to intervene in the matter and file a brief, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

Mayor McCloud opened and closed the meeting to public comment at 7:52 p.m.

Council Member BURNETT moved to authorize the City to intervene (with the other
municipalities) and join in filing a brief and/or submitting a letter opposing Cal-Am’s application and requested that City Attorney Freeman convey the notion that it would be particularly egregious for the CPUC to impose a moratorium that applied across the board and did not recognize the water credits and water allocations owned by individuals and municipalities, respectively, seconded by Council Member SHARP and carried by the following roll call vote:

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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned 7:53 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD