CITY COUNCIL: AGENDA & MINUTES November 2011

AGENDA
Regular Meeting
Tuesday, November 1, 2011
4:30 p.m., Open Session

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

Broadcast date
Sunday, October 9, 2011
8:00 a.m., MCAET Channel 26

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Two 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 Gary Hamada.

B. Recognition of outgoing Board and Commission members.

C. Recognition of the members of the ad hoc Carmel CalPERS Pension Committee.

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 the Quarterly Marketing report.

2. Receive SCC’s Quarterly 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 October 4, 2011.

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

C. Consideration of a Resolution authorizing the Carmel-by-the-Sea Police Department to extend the agreement to participate in the Monterey County Abandoned Vehicle Abatement Service Authority (MCAVASA) through April 2022.

D. Consideration of a Resolution calling the April 10, 2012 General Municipal Election for the purpose of filling two seats on the City Council and the Mayor’s seat and authorize the City to request the Monterey County Elections Department to release voter records.

E. Consideration of a Resolution amending the Memorandum of Understanding (MOU) between the City and the International Association of Fire Fighters (IAFF) Local 4579, Carmel Professional Firefighters.

F. Consideration of a Resolution amending the Memorandum of Understanding (MOU) with the Carmel Police Association (POA).

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 Chapter 3.32 of the Carmel Municipal Code (Transient Occupancy Tax) to establish a Transient Occupancy Tax Incentive Program. (First reading)

X. Resolutions

A. Consideration of a Resolution authorizing the Carmel-by-the-Sea Garden Club to implement a habitat restoration landscape plan for a portion of the North Dunes of Carmel Beach near the northwest corner of Ocean and San Antonio Avenues.

B. Consideration of a Resolution approving a contract with the City of Monterey for fire services.

XI. Orders of Council

A. Receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions.

B. Receive report and provide policy direction regarding water conservation.

C. Approve the City’s art collection deaccession policy.

D. Approve the nomination of Jason Stilwell to serve as the City’s representative to the Monterey County Integrated Waste Management Task Force.

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

XII. Adjournment

The next meeting of the City Council will be:

Regular Council Meeting
Tuesday, December 6, 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 weekday business hours, 8:00 am-5:00 pm

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 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 4:33 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: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning 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. Recognition of Gary Hamada.

Mayor McCloud presented a Certificate of Appreciation to Gary Hamada for his contributions to the community.

B. Recognition of outgoing Board and Commission members.

Mayor McCloud presented Certificates of Appreciation to Donna Jett, Joe Ford and Conrad Kohrs.

C. Recognition of the members of the ad hoc CalPERS Pension Committee.

Mayor McCloud presented Certificates of Appreciation to Committee members Bill Sharpe, Dick Borda and Joe Mark. The other two Committee members, Laura Zehm and Barbara Santry, were unable to attend the meeting.

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

A. Announcements from Closed Session.

City Attorney Don Freeman noted that there were no announcements from Closed Session.

B. Announcements from City Council members.

Council Member Burnett noted the Carmel PTA will host a Candidates’ Forum for candidates running for seats on the Carmel Unified School District Board from 9:00-11:00 a.m. on Thursday, November 3, in Studio 105 at Sunset Center.

Council Member Talmage apprised Council of the status of the Association for Monterey Bay Area Governments (AMBAG).

Council Member Sharp noted upcoming Taxi Authority and Trolley meetings. She will report out in December.

Mayor McCloud thanked staff for its work on the City’s Birthday Parade, an upcoming Travel Channel program on Carmel, and noted the impact of the military population in this area.

C. Announcements from the City Administrator.

City Administrator Stilwell noted the City’s Gift List, recent Emergency Operations Center training, and the expected start date for the Del Mar project during the first week of December.

1. Receive the Quarterly Marketing report.

Jeff Burghardt gave the presentation and noted website traffic figures and upcoming marketing campaigns.

2. Receive SCC’s Quarterly Financial report.

Mayor McCloud read a statement from Jim Price, outgoing Chair of the Board of SCC, Inc., who could not be in attendance. Dave Parker, newly elected Chair of the Board, Sally Reid, Treasurer, and Christine Sandin, Executive Director of SCC, Inc. presented the report.

VI. PUBLIC APPEARANCES

Mayor McCloud opened the meeting to public comment at 5:21 p.m.

Mark Bayne noted the success of the Save our Carmel Neighborhood Association in stopping the development of the Convalescent Hospital site and thanked all of those involved.

Speaking to the issue of the La Playa Hotel sale were: Steve Eckman; Noe Hinojosa; a La Playa employee (name inaudible); John Aliotti; Wayne Martin; Wies Norberg; Barbara Brooks; Louise Stewart; Antonia Ihnot; Shirley Smith; Joyce Stevens; Alison Pratt Shelling; and Monte Miller.

Mayor McCloud closed the meeting to public comment at 5:47 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of October 4, 2011.

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

C. Consideration of a Resolution authorizing the Carmel-by-the-Sea Police
Department to extend the agreement to participate in the Monterey County
Abandoned Vehicle Abatement Service Authority (MCAVASA) through April
2022.

D. Consideration of a Resolution calling the April 10, 2012 General Municipal Election for the purpose of filling two seats on the City Council and the Mayor’s seat and authorize the City to request the Monterey County Elections Department to release voter records.

E. Consideration of a Resolution amending the Memorandum of Understanding (MOU) between the City and the International Association of Fire Fighters (IAFF) Local 4579, Carmel Professional Firefighters.

F. Consideration of a Resolution amending the Memorandum of Understanding (MOU) with the Carmel Police Association (POA).

Council Member BURNETT moved to approve Consent Agenda Items A-F, seconded by Council Member HAZDOVAC and carried unanimously. Council Member Burnett also thanked the three employee groups for working with the City to restructure retirement plans for new employees.

VIII. PUBLIC HEARINGS

A. None.

IX. ORDINANCES

A. Consideration of an Ordinance amending Chapter 3.32 of the Carmel Municipal Code (Transient Occupancy Tax) to establish a Transient Occupancy Tax Incentive Program. (First reading)

Mayor McCloud introduced Carrie Theis, President of the Carmel Innkeepers
Association and Thompson Lange, Chair of the Economic Advisory Committee, who presented the report.

Mayor McCloud opened the meeting to public comment at 6:17 p.m.

Speaking to this item were: Barbara Livingston; Richard Stiles; Jim Emery; Keith Vandevere; Timothy Barrett; Tony Richmond; Julie Engle; Patrick Ferguson; a La Playa employee (name inaudible); Monta Potter, CEO of the Carmel Chamber of Commerce; Alfred Seccombe; Anthony Tersol; Vinz Koller; Chris Fitz, representing UNITE HERE Local 483; Karen Araujo, representing the Monterey Bay Central Labor Council; and David Howe.

Mayor McCloud closed the meeting to public comment at 6:58 p.m.

Mayor McCLOUD moved to continue this item and have staff bring back information to Council about what available resources are in place in the County and State to assist people in job transition, seconded by Council Member SHARP.

Council Member BURNETT made a substitute motion to create a committee composed of himself, Council Member Talmage, and City Administrator Stilwell to work on language related to public disclosure from the inns on the treatment of employees during a remodel and options on language to further protect workers. This motion failed for lack of a second.

Council Member TALMAGE made another substitute motion to have the City Administrator return to Council with an informational briefing on the labor issue in Monterey County and statewide, including related rules and regulations. This also failed for lack of a second.

On a roll-call vote of the original motion:

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

X. RESOLUTIONS

A. Consideration of a Resolution authorizing the Carmel-by-the-Sea Garden Club to implement a habitat restoration landscape plan for a portion of the North Dunes of Carmel Beach near the northwest corner of Ocean and San Antonio Avenues.

Planning Services Manager Sean Conroy gave the presentation.

Hallie Mitchell Dow from the Carmel-by-the-Sea Garden Club addressed Council.

Mayor McCloud opened the meeting to public comment at 7:35 p.m.

Barbara Livingston spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:37 p.m.

Council Member BURNETT moved to authorize the Carmel-by-the-Sea Garden Club to implement a habitat restoration landscape plan for a portion of the North Dunes of Carmel Beach near the northwest corner of Ocean and San Antonio Avenues, seconded by Council Member HAZDOVAC, and passed 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

Council took a 20-minute recess at 7:38 p.m. and reconvened at 7:58 p.m.
B. Consideration of a Resolution approving a contract with the City of Monterey for fire services.

City Administrator Stilwell presented the report. Fire Chief Andrew Miller and Monterey Assistant City Manager Fred Cohn addressed Council questions.

Mayor McCloud opened the meeting to public comment at 8:45 p.m.

Barbara Livingston, President of the Board of the Carmel Residents Association, Richard Stiles, Roberta Miller and Jerry Floyd spoke to the issue.

Mayor McCloud closed the meeting to public comment at 8:52 p.m.

Council Member TALMAGE moved to approve a contract with the City of Monterey for fire services, and direct the City Administrator to work with staff from Monterey on the following amendments: include authorization to test fire hydrants every five years and provide maintenance every year; clarify the 2-in-2 out language (under normal circumstances the firefighter is provided by ambulance, otherwise provided by Monterey); address operational integration between fire and ambulance including training; and the length of the contract (2.5 years with a one-time window of opportunity to cancel the contract before June 30, 2012).
Also to add the phrase “Monterey, in consultation with Carmel-by-the-Sea…” in Article IV “Duties of Monterey Under this Agreement/Fire Prevention Services”, Item v, and express concern to the Monterey City Council about the clause regarding a late payment penalty, seconded by Mayor McCLOUD, and passed 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, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions.

City Administrator Stilwell gave the staff report.

Mayor McCloud opened and closed the meeting to public comment at 9:15 p.m.

Council Member SHARP moved to approve the report of the ad hoc Carmel CalPERS Pension Committee and to direct staff to return with recommended implementation actions, seconded by Council Member HAZDOVAC, and passed 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 report and provide policy direction regarding water conservation.

Planning Services Manager Sean Conroy gave the staff report.

Mayor McCloud opened and closed the meeting to public comment at 9:25 p.m.

Council Member HAZDOVAC moved to receive the report, seconded by Council Member SHARP, and passed 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

C. Approve the City’s art collection deaccession policy.

Mayor McCloud presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 9:29 p.m.

Council Member HAZDOVAC moved to approve the City’s art collection deaccession policy, seconded by Council Member BURNETT, and passed 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

D. Approve the nomination of Jason Stilwell to serve as the City’s representative to the Monterey County Integrated Waste Management Task Force.

Mayor McCloud opened and closed the meeting to public comment at 9:30 p.m.

Council Member TALMAGE moved to approve the nomination of Jason Stilwell to serve as the City’s representative to the Monterey County Integrated Waste Management Task Force, seconded by Council Member BURNETT, and passed 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.

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 9:31 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD