CITY COUNCIL: AGENDA & MINUTES February 2011

AMENDED
Regular Meeting
Tuesday, February 1, 2011
4:30 p.m., Open Session

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

Broadcast date
Sunday, February 6, 2011
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. Recognition of Officer Jeff Watkins as Monterey County Officer 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).
1. Receive Mayor’s Annual Report

2. Congressman Sam Farr’s Federal Update

C. Announcements from City Administrator.
1. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

2. Receive update report on PG&E SmartMeters TM

3. Receive SCC Inc.’s FY 2010-2011 2nd 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. 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 January 4, 2011.

B. Ratify the bills paid for the month of January 2011.

C. Consideration of a Resolution approving an amendment to the existing land leasehold agreement between the Carmel Youth Center and the City of Carmel-by-the-Sea.

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 granting a one-day exception to Chapter
8.56 of the Municipal Code (Noise Regulation) for the “Run in the Name of Love” special event scheduled for Sunday, June 19, 2011.

IX. Ordinances
A. None.

X. Resolutions
A. Consideration of a Resolution adopting revisions to the Fiscal Year
2010-11 General Fund budget.

XI. Orders of Council
A. Receive report, provide policy direction on circulating a Request for
Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City
Administrator at the November 2, 2010 City Council meeting to negotiate
a lease with Pacific Repertory Theater.

B. Provide policy direction on financial information received by Council.

C. Receive the recommendation from the Forest and Beach Commission on the
use of a beach rake on Carmel Beach and provide policy direction.

D. Approve amendments to City’s revised Harassment Prevention Policy.

E. Ratify appointments to the Harrison Memorial Library Board of Trustees
and the Forest and Beach Commission.

F. Provide policy direction on submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program to support a project tentatively called Connect Carmel:
Linking Trails to Transit and People to Places.

G. Consideration of a Resolution awarding a recycling grant in an amount up to $8,300 to the Hilton Bialek Habitat project.

H. 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, March 1, 2011
Council Chambers

Special City Council Budget Workshop – 4:30 p.m.
Tuesday, March 22, 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
February 1, 2011
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 4:35 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, McCloud
ABSENT: None
STAFF PRESENT: Heidi Burch, Assistant City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Mike Branson, City Forester
Molly Laughlin, Deputy City Clerk

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

Mayor McCloud requested a moment of silence in honor of Margot Pettit Nichols.

Mayor McCloud announced that Item X-A (Consideration of a Resolution adopting revisions to the Fiscal Year 2010-11 General Fund budget) and XI-D (Approve amendments to City’s revised Harassment Prevention Policy) would be continued to a future meeting.

IV. EXTRAORDINARY BUSINESS
A. Recognition of Officer Jeff Watkins as Monterey County Officer of the Year.

Interim Police Chief Mike Calhoun recognized Officer Watkins.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.
There was no Closed Session.

Council Member Burnett inquired to the City Attorney about an announcement
from the Council Closed Session from September 21.

B. Announcements from City Council members.
Council Member Sharp reported on ridership figures for the Carmel Trolley for the summer months and over the Christmas holidays, mentioned a new “fix-it” form for residents to report items requiring City attention, and provided an update on the Regional Taxi Authority.

Council Member Talmage reported that the Association of Monterey Bay Area
Governments (AMBAG) board elected new officers. He is a vice chairman.

Council Member Burnett reported that he recently attended the California League of Cities conference for newly elected mayors and council members in Sacramento.

1. Congressman Sam Farr’s Federal Update
Congressman Farr presented an overview of pending issues in Congress and the Federal government, stressed the importance of Monterey County’s military installations, and how this region can be a national example of healthy living.

2. Receive Mayor’s Annual Report
Mayor Sue McCloud presented the report.

C. Announcements from City Administrator
1. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello,
Marcello & Company CPAs.

Ralph Marcello presented the draft audit report.

2. Receive update report on PG&E SmartMeters TM .
Jan Berman, PG&E’s senior director of Customer Energy Efficiency, presented
the report.

3. Receive SCC Inc.’s FY 2010-2011 2nd Quarter Financial Report.
Jim Price, chair of the SCC Inc. board, and finance manager Agha Bilal
presented the report.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 6:42 p.m.

Barbara Livingston, president of the Carmel Residents Association, said the CRA is seeking nominations for its annual Citizen of the Year award.

Barbara Brooks spoke about the successful tree giveaway program sponsored by the Friends of Carmel Forest.

Adam Moniz addressed sexual harassment and the Brown Act.

Mike Brown spoke about sexual harassment.

Paul Hart and Stacy Maheen, owner of Bay Bikes, spoke about traffic safety on Rio Road.

Carolyn Hardy spoke about reporting from Council closed sessions, fire services, the Forest Theater, and pay differential paid to employees deployed by the military.

Mayor McCloud closed the meeting to public comment at 7:00 p.m.

City Attorney Don Freeman addressed comments from the speakers.

Council Member BURNETT moved to schedule a Closed Session this week and direct staff to find a time that works for the Council members’ schedules, seconded by Council Member TALMAGE. The motion failed 2-3 by voice vote:

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

Mayor McCloud called for a break at 7:05 p.m. and Council reconvened at 7:15 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of January 4, 2011.

B. Ratify the bills paid for the month of January 2011.

C. Consideration of a Resolution approving an amendment to the existing land leasehold agreement between the Carmel Youth Center and the City of
Carmel-by-the-Sea.

Council Member Talmage asked to pull Consent Item “C” for discussion at the end of the agenda.

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: 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 granting a one-day exception to Chapter 8.56 of the Municipal Code (Noise Regulation) for the “Run in the Name of Love” special event scheduled for Sunday, June 19, 2011.

Assistant City Administrator Burch presented the staff report.

Event organizer Susan Love provided an overview of the event and explained that the requested amplified sound would end by 9:30 a.m.

Council Member BURNETT moved to grant a one-day exception to Chapter 8.56 of the Municipal Code (Noise Regulation) for the “Run in the Name of Love” special event scheduled for Sunday, June 19, 2011, 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. None.

X. RESOLUTIONS
A. Consideration of a Resolution adopting revisions to the Fiscal Year 2010-11 General Fund budget.
This item was continued to the March 1, 2011 meeting.

XI. ORDERS OF COUNCIL
A. Receive report, provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.

City Attorney Don Freeman provided the staff overview.

Mayor McCloud opened the meeting to public comment at 7:30 p.m.

Rebecca Barrymore, president of the Forest Theater Guild, addressed Council.

Other speakers: Barbara Brooks; Megan Terry (also read letter from Donna
Greenfield); Adam Moniz; Bob Mulford, president of the Pacific Repertory
Theater (PacRep) board, Safwat Malek, Forest Theater Guild board member; Jim Bennett, director of capital initiatives for PacRep, Stephen Moorer, executive director of PacRep; Mike Brown; Barbara Livingston; and Paul Hart.

Mayor McCloud closed the meeting to public comment at 7:53 p.m.

Council Member HAZDOVAC moved to ratify the direction provided to the City
Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater seconded by Council Member SHARP and carried by the following roll call vote:

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

B. Provide policy direction on financial information received by Council.

Assistant City Administrator Burch provided the staff report.

Council Member Talmage further clarified the rationale for requesting this more detailed financial information.
Mayor McCloud opened the meeting to public comment at 8:10 p.m.

Barbara Livingston spoke to the issue.

Mayor McCloud closed the meeting to public comment at 8:11 p.m.

The Council commended this draft financial report as an excellent start and requested that staff further refine this information and also requested that the information provided on the monthly check register include more detail.

C. Receive the recommendation from the Forest and Beach Commission on the use of a beach rake on Carmel Beach and provide policy direction.

City Forester Mike Branson presented the staff report.

Mayor McCloud opened the meeting to public comment at 8:28 p.m.

Barbara Livingston spoke to the issue.

Mayor McCloud closed the meeting to public comment at 8:29 p.m.

By consensus, Council agreed to follow the recommendation of the Forest and Beach Commission to discontinue use of the beach rake machine and to focus more efforts and funding on manually cleaning up charcoal and debris resulting from beach fires.

D. Approve amendments to City’s revised Harassment Prevention Policy.
This item was continued to a future meeting.

E. Ratify appointments to the Harrison Memorial Library Board of Trustees and the Forest and Beach Commission.

Mayor McCloud opened and closed the meeting to public comment at 8:35 p.m.

Council Member TALMAGE moved to approve the appointments of Niels Reimers to the Harrison Memorial Library Board of Trustees and Lisa Boardman to the Forest and Beach Commission, 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

F. Provide policy direction on submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program to support a project tentatively called Connect Carmel: Linking Trails to Transit and People to Places.

Council Member Burnett said this grant opportunity had recently come to his attention.

Mayor McCloud opened the meeting to public comment at 8:49 p.m.

Speakers: Monta Potter, chief executive officer of the Carmel Chamber of Commerce; Paul Hart; Stacy Maheen, Chris Lehman and Victoria Beach.

Mayor McCloud closed the meeting to public comment at 9:01 p.m.

Council Member TALMAGE moved to approve moving ahead with the grant application -- in concept—and have staff report back at the March meeting to determine whether or not it will be possible to complete the application by the March 30 deadline, seconded by Council Member BURNETT and carried by the following roll call vote:

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

G. Consideration of a Resolution awarding a recycling grant in an amount up to $8,300 to the Hilton Bialek Habitat project.
This item was continued due to the late hour of the meeting.

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

VII. CONSENT CALENDAR
C. Consideration of a Resolution approving an amendment to the existing land leasehold agreement between the Carmel Youth Center and the City of Carmel-by-the-Sea.

Council Member Talmage had pulled this item from the Consent Calendar for discussion.

Council Member Talmage asked that the language of the agreement be made more explicit to reflect that: this lease agreement is for 10 years (with the possibility for request of another extension); the lessee (Youth Center) is responsible for expenses related to building improvements; and the City has the right to use the Youth Center as an emergency public shelter.

Council Member BURNETT moved to approve the amendment to the existing land leasehold agreement between the Carmel Youth Center and the City of Carmel-by-the-Sea, with the three modifications specified, 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 9:50 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD