CITY COUNCIL: AGENDA & MINUTES December 2010

Regular Meeting
Tuesday, December 7, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, December 12, 2010
8:00 a.m., MCAET 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. None.

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. Receive City’s Year-End and First Quarter 2010-2011 financial reports.

2. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

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. 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 2, 2010.

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

C. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2011.

D. Consideration of a Resolution accepting a gift of $15,987.00 from the Fireman’s Fund Insurance Company Heritage Reward and Paul Bystrowski of Monterey Insurance Agencies to purchase equipment for the Fire Department.

E. Consideration of a Resolution authorizing co-sponsorship with the Carmel Public Library Foundation and Harrison Memorial Library Board of Trustees of two events: the Annual Donor Salute on March 6, 2011, and the Sterling Circle Reception on April 10, 2011.

F. Consideration of Findings for the City Council’s Decision on an appeal of the Planning Commission's approval of the Carmel Sands Redevelopment Project and the adoption of a Mitigated Negative Declaration (MND).

G. Consideration of a Resolution Consideration of a Resolution authorizing
$244,048 in fiscal year-end departmental budget transfers and a transfer of
$7,659.73 in unspent grant revenues for fiscal year 2009/10 to comply with state financial restrictions.

H. Consideration of a Resolution authorizing the Carmel Police Department to
renew an agreement for Sexual Assault Examiner Services with the Monterey County Health Department Sexual Assault Response Team (SART) in an amount not to exceed $5,000.

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 Municipal Code Section 6.08 to allow for the keeping of hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)

X. Resolutions
A. None.

XI. Orders of Council
A. Receive report and provide policy direction on extending the shared fire services agreement for 30 days.

B. Receive report and provide policy direction on the City’s directory signs.

C. Receive report and provide policy direction on holiday lights in the Business Distri
ct.
D. Ratify the Mayor’s reappointment to the Monterey Regional Waste Management District/Authority Board of Directors.

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, January 4, 2011
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 7, 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 4:36 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, McCloud
ABSENT: None
STAFF PRESENT: Rich Guillen, City Administrator
Molly Laughlin, Deputy City Clerk Don Freeman, City Attorney Mike Calhoun, Police Commander/Acting Police Chief
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. Mayor McCloud asked for a moment of silence for Jennefer Lloyd Wineman and Jane Galante.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
There was no Closed Session.

B. Announcements from City Council members.
Mayor McCloud asked everyone to think of the military men and women serving abroad and those less fortunate in our own community. She provided an update on the Monterey Peninsula water situation and noted two public meetings set for December 13th at the Monterey City Council Chambers to discuss the regional water situation. Finally, she noted that a Carmel home was featured in the January 2011 issue of Architectural Digest magazine.

Council Member Sharp introduced Georgeanne Thurston, president of the Carmel Woman’s Club, who provided an overview of her organization, which celebrated its 85th anniversary on December 6.

Council Member Talmage discussed a new booklet published by the Association of Monterey Bay Governments (AMBAG) on “smart growth” in housing and transportation needs.

Council Member Hazdovac asked everyone to remember those who died in Pearl Harbor 69 years ago, including her own uncle, Jack Hazdovac. She also said that the November issue of Conde Nast magazine named Carmel the #8 Top City in the United States for “delivering unparalleled urban riches”.

C. Announcements from City Administrator
1. Receive City’s Year-End and First Quarter 2010-2011 financial reports.
Interim Finance Director Laura Dadiw gave the presentation.

2. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
City Administrator Guillen said this item would be continued to the January 2011 meeting.

City Administrator Guillen acknowledged Commander Mike Calhoun’s new role as Interim Police Chief and praised retired Public Safety Director George Rawson’s service to the City.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:28 p.m.

Amy Donahue, executive director of the Carmel Public Library Foundation, discussed the Annual Campaign for the Library.

Ken White, chair of the Friends of Sunset Center Foundation mentioned $55,000 in grants given by the group this year to allow a wider circle to enjoy the arts. He introduced Adam Moniz from the Membership Committee, who encouraged people to join the Foundation.

Mayor McCloud closed the meeting to public comment at 5:35 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of November 2, 2010.

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

C. Consideration of a Resolution approving the Regular Meeting Schedule of the City Council for 2011.

D. Consideration of a Resolution accepting a gift of $15,987.00 from the Fireman’s Fund Insurance Company Heritage Reward and Paul Bystrowski of Monterey Insurance Agencies to purchase equipment for the Fire Department.

E. Consideration of a Resolution authorizing co-sponsorship with the Carmel Public Library Foundation and Harrison Memorial Library Board of Trustees of two events: the Annual Donor Salute on March 6, 2011, and the Sterling Circle Reception on April 10, 2011.

F. Consideration of Findings for the City Council’s Decision on an appeal of the Planning Commission's approval of the Carmel Sands Redevelopment Project and the adoption of a Mitigated Negative Declaration (MND).

G. Consideration of a Resolution authorizing $244,048 in fiscal year-end departmental budget transfers and a transfer of $7,659.73 in unspent grant revenues for fiscal year 2009/10 to comply with state financial restrictions.

H. Consideration of a Resolution authorizing the Carmel Police Department to renew an agreement for Sexual Assault Examiner Services with the Monterey County Health Department Sexual Assault Response Team (SART) in an amount not to exceed $5,000.

Mayor McCloud asked to pull Item “F” for discussion at the end of the meeting.

Council Member HAZDOVAC moved to approve Consent Agenda Items A-E, G and H, 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. None.

IX. ORDINANCES
A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of hens on properties in the R-1 District in the City of Carmel-by-the- Sea. (First reading)

This item was continued so the Planning Commission could review the draft and make recommendations to City Council.

X. RESOLUTIONS
A. None.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on extending the shared fire services agreement for 30 days.

City Administrator Guillen gave the presentation. He further added that he has requested a relief firefighter from Monterey/Pacific Grove to help the City of Carmel during its period of decreased staffing (due to a firefighter injury).

Mayor McCloud opened the meeting to public comment at 5:57 p.m.

Carolyn Hardy spoke to the issue.

Dick Stiles, speaking on behalf of the Carmel Residents Association Board, spoke to the issue.

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

Mayor McCloud requested Council take a five minute break at 6:03 p.m. Council reconvened at 6:08 p.m.

City Administrator returned from the break and reported that the City of Monterey had extended the fire services agreement for an additional 60 days beyond that of what Council was considering at this meeting. By consensus, Council agreed to extend the shared fire services agreement with the City of Monterey until January 31, 2011 and to approve the request for a relief firefighter. The Council will consider the approval of the City of Monterey’s subsequent offer of the additional 60-day extension at its January 4, 2011 meeting. Further, a public workshop will be scheduled for a date in January (to be determined) to discuss various fire options.

B. Receive report and provide policy direction on the City’s directory signs.
City Administrator Guillen gave the presentation.

Mayor McCloud opened the meeting to public comment at 6:24 p.m.

Monta Potter, Chief Executive Officer of the Carmel Chamber of Commerce, Shirley Humann, and Jonathan Sapp addressed Council.

Mayor McCloud closed the meeting to public comment at 6:29 p.m.

By consensus, Council directed sending this to the Planning Commission for its recommendations.

C. Receive report and provide policy direction on holiday lights in the Business District.
City Administrator Guillen gave the presentation.

Mayor McCloud opened the meeting to public comment at 6:36 p.m.

Jonathan Sapp distributed a petition with the names of 36 business people and residents who favor low-intensity lights on the downtown sidewalk trees for the extended holiday light period.

Barbara Livingston spoke to the issue.

Monta Potter, Chief Executive Officer of the Carmel Chamber of Commerce, said she had conducted an informal survey which indicated most merchants favor a 90-day window of time for the downtown holiday lights to be up.

Roberta Miller spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:43 p.m.

By consensus, Council approved allowing holiday lights in the Business District to remain up until the second Wednesday of January (same date as the removal of the City’s holiday tree). Council will consider amendments to Holiday Lights Policy C95-08 at its January 4 meeting.

D. Ratify the Mayor’s reappointment to the Monterey Regional Waste Management District/Authority Board of Directors.

Mayor McCloud closed the meeting to public comment at 6:54 p.m.

Council Member TALMAGE moved to ratify the Mayor’s reappointment to the Monterey Regional Waste Management District/Authority Board of Directors, 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

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

VII. CONSENT CALENDAR
F. Consideration of Findings for the City Council’s Decision on an appeal of the Planning Commission's approval of the Carmel Sands Redevelopment Project and the adoption of a Mitigated Negative Declaration (MND).

This item had been pulled earlier by Mayor McCloud for further discussion.

Mayor McCloud opened the meeting to public comment at 7:06 p.m.

Barbara Livingston spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:08 p.m.

Council Member HAZDOVAC moved to approve Consent Agenda Item F, as amended, 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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 7:10 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR SUE McCLOUD