CITY COUNCIL: AGENDA & MINUTES June 2011

Regular Meeting
Tuesday, June 7, 2011
4:30 p.m., Open Session

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

Broadcast date
Sunday, June 12, 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. Presentation of Certificate of Appreciation to the City of Carmel-by-the-Sea by John Tomkinson, 28th District Commander of the American Legion.

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 report from Oceana on single-use plastic bags.

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 special meeting of April 27, 2011.

B. Ratify the minutes for the special meeting of April 30, 2011.

C. Ratify the minutes for the regular meeting of May 3, 2011.

D. Ratify the minutes for the special meeting of May 19, 2011.

E. Ratify the minutes for the special meeting of May 26, 2011.

F. Ratify the bills paid for the month of May 2011.

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

H. Consideration of a Resolution authorizing the City to use $20,000 in
funds from the Recycling Grant Account for the purchase of two solar-powered trash compactors.

I. Consideration of a Resolution authorizing the City to enter into a
Memorandum of Understanding with Monterey County Emergency Medical Services Agency (MCEMS Agency) and local provider agencies to support Monterey County EMS training and equipment expenditures for emergency first responders.

J. Consideration of a Resolution authorizing the City Administrator to
execute the necessary documents to bind coverage for the City’s liability
and property insurance programs for fiscal year 2011/12.

K. Consideration of a Resolution approving one free use day at Sunset Center for the Carmel Authors and Ideas Festival in September 2011.

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 an appeal of the Planning Commission’s decision to approve Design Study, Demolition Permit and Coastal Development Permit applications for the construction of a new residence located at the SE Corner of Casanova Street and 4th Avenue. The property owners are Kendon and Jullian Dressel and the appellant is Judy O’ Day.

IX. Ordinances

A. None.

X. Resolutions

A. Consideration of a Resolution implementing a collection rate adjustment
in connection with an exclusive franchise agreement between USA
Waste of California, Inc., and the City of Carmel-by-the-Sea.

XI. Orders of Council

A. Receive report and provide policy direction on the installation of an Electric Vehicle (EV) Charging Station in the downtown.

B. Receive updated report from CRFA and provide policy direction on CRFA employees becoming City employees.

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

XII. Adjournment

The next meetings of the City Council will be:
Special City Council Budget Workshop – 4:30 p.m.
Tuesday, June 14, 2011
Council Chambers

Special City Council Budget Workshop – 4:30 p.m.
Tuesday, June 21, 2011
Council Chambers

Special City Council Budget Workshop – 4:30 p.m. (if needed)
Tuesday, June 28, 2011
Council Chambers

Regular Council Meeting*
Tuesday, July 12, 2011
Council Chambers
* Please note: Because of the Monday July 4th holiday, the Council meeting will be on the second Tuesday of July.

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
June 7, 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 4:34 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud
ABSENT: None
STAFF PRESENT: John Goss, Interim City Administrator
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning Services Manager
Marc Wiener, Associate Planner
Molly Laughlin, Deputy City Clerk

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 Certificate of Appreciation to the City of Carmel-by-the-Sea by John Tomkinson, District Commander of the American Legion.
John Tomkinson, District Commander of the American Legion made the
presentation. He introduced Chuck Garrison, the newly elected Post Commander of Carmel American Legion Post 512 and gave an update on the proposed veterans cemetery at the former Fort Ord.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman said Council had met in Closed Session on Monday, June 6 on two matters of existing litigation. In the first case, Monterey Peninsula Water Management District v. State Water Resources Control Board, et al., by unanimous vote, the Council approved a limited waiver of conflict of interest as the attorney currently representing Cal-Am Water will be joining the law firm that is representing the City (along with Monterey and Seaside) in mediation with the State Water Board regarding the Cease and Desist Order. In the second item, in the Small
Claims Court case, J. Marosi v. S. McCloud, Council unanimously authorized the City to provide legal defense for the Mayor in this matter (with McCloud abstaining).

B. Announcements from City Council members.
Council Member Sharp announced that the MST Trolley began its summer schedule over the Memorial Day weekend.

Council Member Burnett reported on a recent TAMC Board strategy session at
which the agency developed its priorities for the upcoming year and he noted his work in pursuing the Highway 156 Corridor project.

Mayor McCloud spoke about the “Run in the Name of Love” event set for Sunday, June 19. She also noted that the County will hold seminars on representational redistricting at various locations throughout the area. Finally, she reported that the City received a $5,000 grant from the Rotary Club of Carmel-by-the-Sea for the holiday median lights on Ocean Avenue.

C. Announcements from City Administrator.
1. Receive report from Oceana on single-use plastic bags.
Geoff Shester, Oceana’s California Program Director, and Laura Kasa,
Executive Director of Save Our Shores, gave the presentation.

Interim City Administrator Goss announced that the budget information for
City Council’s special meeting scheduled for Tuesday, June 14 will be
available to the public by June 8.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:17 p.m.

Monte Miller addressed the need for the City to develop revenue sources.

Adele Lord addressed car hoarding in the residential areas.

Alan Murphy, a Carmel Heritage Society board member, addressed future plans for the organization.

Erl Lagerholm addressed planning for the City’s centennial in 2016.

Barbara Livingston, president of the Carmel Residents Association, addressed questions posed to the City regarding the budget.

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

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of April 27, 2011.

B. Ratify the minutes for the special meeting of April 30, 2011.

C. Ratify the minutes for the regular meeting of May 3, 2011.

D. Ratify the minutes for the special meeting of May 19, 2011.

E. Ratify the minutes for the special meeting of May 26, 2011.

F. Ratify the bills paid for the month of May 2011.

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

H. Consideration of a Resolution authorizing the City to use $20,000 in funds from the Recycling Grant Account for the purchase of two solar-powered trash compactors.

I. Consideration of a Resolution authorizing the City to enter into a Memorandum of Understanding with Monterey County Emergency Medical Services Agency (MCEMS Agency) and local provider agencies to support Monterey County EMS training and equipment expenditures for emergency first responders.

J. Consideration of a Resolution authorizing the City Administrator to execute the necessary documents to bind coverage for the City’s liability and property insurance programs for fiscal year 2011/12.

K. Consideration of a Resolution approving one free use day at Sunset Center for the Carmel Authors and Ideas Festival in September 2011.

Council Member Burnett asked to pull Item “H” for discussion later in the meeting.

Council Member BURNETT moved to approve Consent Agenda Items A-G and I-K, seconded by Council Member SHARP and carried unanimously.

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Planning Commission’s decision to approve Design Study, Demolition Permit and Coastal Development Permit applications for the construction of a new residence located at the SE Corner of Casanova Street and Avenue. The property owners are Kendon and Jullian Dressel and the appellant is Judy O’Day.

Council Members Sharp and Hazdovac recused themselves, as both live in proximity to the subject of the appeal.

Associate Planner Marc Wiener presented the staff report.

Steve Wilson, Monterey Bay Engineers, spoke on behalf of the appellant.

Judy O’Day, the appellant, spoke to the issue.

Mayor McCloud opened the meeting to public comment at 5:43 p.m.

Rob Nicely, speaking for the property owners, the Dressels, addressed Council.

Kendon Dressel, property owner, spoke to the issue.

Steve Wilson, Monterey Bay Engineers, spoke again.

Mayor McCloud closed the meeting to public comment at 5:54 p.m.

Council Member BURNETT moved to deny the appeal, seconded by Council Member TALMAGE, and carried by the following roll call vote:

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

IX. ORDINANCES
A. None.

XI. ORDERS OF COUNCIL
This item was taken out of order to accommodate the presenters’ schedules.
A. Receive updated report from CRFA and provide policy direction on CRFA employees becoming City employees.

Gerard Rose, President of the CRFA Board, Monterey Assistant Fire Chief Stuart Roth, and Dave Jedinak, Carmel Regional Fire Ambulance, presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:25 p.m.

Carolyn Hardy and Monte Miller spoke to the issue.

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

Council Member TALMAGE moved to approve the plan--in concept--and to have John Goss, Gerard Rose and Dave Jedinak work together to develop an action plan addressing the specific issues involved in having CRFA employees become City employees, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

X. RESOLUTIONS
A. Consideration of a Resolution implementing a collection rate adjustment in connection with an exclusive franchise agreement between USA Waste of California, Inc., and the City of Carmel-by-the-Sea.

Interim City Administrator Goss presented the staff report.

Felipe Melchor, District Manager of Waste Management, Inc., gave a presentation on services provided to the City.

Mayor McCloud opened the meeting to public comment at 7:15 p.m.

Carl Iverson, Carla Ramsay, and Barbara Livingston addressed Council.

Mayor McCloud closed the meeting to public comment at 7:20 p.m.

Council Member TALMAGE moved to find out the legal answer about mandatory fees and to direct the City Administrator to work with Waste Management staff to develop a revised pricing schedule, 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

VII. CONSENT CALENDAR
Item VII-H had been pulled by Council Member Burnett.
H. Consideration of a Resolution authorizing the City to use $20,000 in funds from the Recycling Grant Account for the purchase of two solar-powered trash compactors.

Council Member HAZDOVAC moved to approve Consent Item VII-H, seconded by Council Member BURNETT and approved unanimously.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on the installation of an Electric Vehicle (EV) Charging Station in the downtown.

City Attorney Freeman recused himself, as he represents AMBAG.

Sean Conroy, Planning Services Manager, introduced Linda Meckel, an AMBAG
Planner, who presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:50 p.m.

Carl Iverson and Roberta Miller spoke to the issue.

Barbara Livingston, president of the Carmel Residents Association, expressed the concern of her group about where such a charging station might be located in the City.

Mayor McCloud closed the meeting to public comment at 7:54 p.m.

Council Member TALMAGE moved to accept the grant from AMBAG for the installation of an Electric Vehicle Charging Station and to place it at the Sunset Center lot, 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. Receive updated report from CRFA and provide policy direction on CRFA employees becoming City employees.
This item was heard earlier.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 8:02 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR SUE McCLOUD