CITY COUNCIL: AGENDA & MINUTES October 2011

AGENDA
Regular Meeting
Tuesday, October 4, 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 Sgt. Paul Tomasi for his beach rescue of Tim Gruber.

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. Report on the Library Local History [i]cell Kiosk Project.

2. Report from Carrie Theis, president of the Carmel Innkeepers Association.

3. Report by outgoing Interim City Administrator Goss.

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 September 13, 2011.

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

C. Consideration of a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Thursday, October 27, 2011 and authorizing the expenditure of City funds in an amount not to exceed $500.

D. Consideration of a Resolution awarding a bid to Norcal for the
construction of seven 2011 street improvements and the Ocean Avenue crosswalk improvements in the amount of $292,790.

E. Consideration of a Resolution authorizing $278,708 in fiscal year-end departmental budget transfers and an $8,127.63 transfer in unspent grant revenues for fiscal year 2010/2011 to comply with state financial restrictions.

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 2012-2013.

B. Consideration of two encroachment permit applications for the installation of a new utility pole, an electric transformer and a fence in the public right-of-way on the east side of Casanova Street between Eighth and Ninth Avenues associated with the Golden Bough Theater remodel project. The applicants are Pacific Gas and Electric Company (PG&E) and Pacific Repertory Theater (PacRep).

IX. Ordinances

A. None.

X. Resolutions

A. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue.

B. Consideration of a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year.

C. Consideration of a Resolution authorizing the transfer of $40,000 from the Rio Park Deposit Fund for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Drive Beach Restrooms Project.

D. Consideration of a Resolution modifying the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table.

E. Consideration of a Resolution establishing Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer.

F. Consideration of a Resolution adopting the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding.

XI. Orders of Council

A. Receive report on tentative contract with Monterey Fire.

B. Approve Police Officers Standards and Training (POST) performing a study of shared services between the Carmel and Pacific Grove police departments.

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

D. Review report on the future of the Association of Monterey Bay Area
Governments (AMBAG) and authorize Ken Talmage to vote in favor of retaining AMBAG in its present form.

E. Ratify appointments for Boards and Commissions.

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

XII. Adjournment

The next meeting of the City Council will be:
Regular Council Meeting
Tuesday, November 1, 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
October 4, 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 4:32 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
Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning Services Manager
Janet Bombard, Library Director

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 Sgt. Paul Tomasi for his beach rescue of Tim Gruber.
Interim Police Chief Mike Calhoun introduced Tim Gruber, who recognized the efforts of Sgt. Tomasi, members of CRFA, and the Fire Department.

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. He indicated that a court hearing on the Flanders Mansion lawsuit will occur on October 20, 2011, in the Monterey County Courthouse in Salinas.

B. Announcements from City Council members.

Mayor McCloud thanked Interim City Administrator John Goss.

Council Member Burnett invited the public to meet Max Gomberg, from the Division of Ratepayer Advocates, on Wednesday, October 5, in Studio 105 at the Sunset Center from 2:30 to 4:00 p.m.

Fire Chief Andrew Miller and Captain Ian Watts thanked John Goss on behalf of the Fire Department.

Mayor McCloud also noted the anniversary celebration at the landfill last Saturday, the passing of Peter Douglas of the California Coastal Commission, and the technology surrounding the conversion of plastic to energy. Mayor McCloud also noted the unveiling of the electric car charging station at the Sunset Center parking lot on Wednesday, October 5, at 10:00 a.m.

Interim Chief Mike Calhoun provided an update on a committee overseeing the release of prisoners from State facilities into County facilities.

C. Announcements from the City Administrator.

1. Report on the Library Local History [i]cell Kiosk Project.

Library Director Janet Bombard gave the presentation.

2. Report from Carrie Theis, president of the Carmel Innkeepers Association.

Carrie Theis gave an update on the Association and its role in the hospitality community.

3. Report by outgoing Interim City Administrator Goss.

John Goss thanked members of the Council, staff and public for the hospitality extended during his stay in Carmel-by-the-Sea.

Council Member TALMAGE moved to continue Public Hearing Item VII-B, seconded by Council Member BURNETT, and passed unanimously.

VI. PUBLIC APPEARANCES

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

Michael Whittington, director of the Monterey Museum of Art, thanked the Council for the loan of several of the City’s Edward Weston photos for an exhibit.

Barbara Livingston, on behalf of the Carmel Residents Association, thanked John Goss and welcomed Jason Stilwell.

Meredith Crowell, of Linens and Such, addressed Council regarding her concerns about the Post Office and sales tax revenues.

Joe Cadalago, Government and Community Relations Representative of Waste
Management Inc., noted recently adopted legislation regarding waste management.

Stephen Moorer, executive director of Pacific Repertory Theater, noted Romeo and Juliet is the current production at the Forest Theater.

Mayor McCloud closed the meeting to public comment at 5:37 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of September 13, 2011.

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

C. Consideration of a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Thursday, October 27, 2011 and authorizing the expenditure of City funds in an amount not to exceed $500.

D. Consideration of a Resolution awarding a bid to Norcal for the construction of seven 2011 street improvements and the Ocean Avenue crosswalk improvements in the amount of $292,790.

E. Consideration of a Resolution authorizing $278,708 in fiscal year-end departmental budget transfers and an $8,127.63 transfer in unspent grant revenues for fiscal year 2010/2011 to comply with state financial restrictions.

Council Member BURNETT recused himself from Item D due to the proximity of his residence to one of the street improvement projects.

Council Member BURNETT moved to approve Consent Agenda Items A, B, C and E, seconded by Council Member HAZDOVAC and carried unanimously.

Mayor McCloud opened the meeting to public comment at 5:42 p.m.

Barbara Livingston addressed Council regarding the quality of streets.

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

Council Member HAZDOVAC moved to approve Consent Agenda Item D, seconded by Council Member TALMAGE and carried unanimously, with BURNETT abstaining.

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 2012-2013.

Interim Police Chief Mike Calhoun presented the staff report.

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

Council Member SHARP moved to adopt a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for Fiscal Year 2012-2013, seconded by Council Member BURNETT 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. Consideration of two encroachment permit applications for the installation of a new utility pole, an electric transformer and a fence in the public right-of-way on the east side of Casanova Street between Eighth and Ninth Avenues associated with the Golden Bough Theater remodel project. The applicants are Pacific Gas and Electric Company (PG&E) and Pacific Repertory Theater (PacRep).

This item was continued.

IX. ORDINANCES

A. None.

X. RESOLUTIONS

A. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue.

Planning Services Manager Sean Conroy presented the staff report.

Applicant Stephanie Kirz addressed Council.

Mayor McCloud opened the meeting to public comment at 5:52 p.m.

Alison Pratt Shelling addressed Council.

Mayor McCloud closed the meeting to public comment at 5:53 p.m.

Council Member HAZDOVAC moved to authorize the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue, seconded by Council Member BURNETT.

Mayor McCLOUD then amended the motion to eliminate the $6,200 allocated to “Annual Grounds and Tree Maintenance”, 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. Consideration of a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year.

Interim City Administrator John Goss presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:00 p.m.

Kathryn Harrison addressed Council.

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

Council Member BURNETT moved to extend the Forest Theater Guild’s lease of the Forest Theater for three years, seconded by Council Member HAZDOVAC, and passed by the following roll call vote:

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

C. Consideration of a Resolution authorizing the transfer of $40,000 from the Rio Park Deposit Fund for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Drive Beach Restrooms Project.

Interim City Administrator John Goss presented the staff report.

Rob Carver, architect for the project, addressed Council.

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

David Banks read a letter on behalf of Barbara Livingston. Monta Potter and Alison Pratt Shelling addressed Council.

Mayor McCloud closed the meeting to public comment at 6:48 p.m.

Council Member BURNETT moved to allocate up to $54,000 from Capital Reserves for the for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Drive Beach Restrooms Project Scenic restroom project and make amendments to the Resolution as outlined by the City Administrator, seconded by
Council Member TALMAGE, 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 12-minute recess at 6:57 p.m. and reconvened at 7:09 p.m.

D. Consideration of a Resolution modifying the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table.

Interim City Administrator John Goss presented the staff report.

Dave Jedinak, Operations Manager of CRFA, and Gerard Rose, President of the CRFA Board, answered Council questions.

Mayor McCloud opened the meeting to public comment at 7:40 p.m.

Barbara Livingston, Carolyn Hardy, Gerard Rose, Charlotte Townsend and Monte Miller addressed Council.

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

Chief Andrew Miller answered questions and concerns posed by the public.

Mayor McCloud closed the meeting to public comment at 8:15 p.m.

Council Member BURNETT moved to modify the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table, seconded by Council Member TALMAGE, 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. Consideration of a Resolution establishing Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer.

Mayor McCloud opened and closed the meeting to public comment at 8:15 p.m.

Council Member BURNETT moved to establish Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer, by Council Member TALMAGE, 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

F. Consideration of a Resolution adopting the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding.

Interim City Administrator John Goss presented the staff report.

Council Member HAZDOVAC moved to adopt the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding, subject to written confirmation that the Ambulance Association has opted to go to a two-tiered system, 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

XI. ORDERS OF COUNCIL

A. Receive report on tentative contract with Monterey Fire.

Interim City Administrator John Goss presented the staff report.

Mayor McCloud opened the meeting to public comment at 8:30 p.m.

Barbara Livingston, Carolyn Hardy, Monte Miller, Michael LePage, representing the Carmel Residents Association, and Roberta Miller addressed Council.

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

City Attorney Freeman answered questions and concerns posed by the Council and public.

B. Approve Police Officers Standards and Training (POST) performing a study of shared services between the Carmel and Pacific Grove police departments.

Interim Police Chief Mike Calhoun presented the staff report.

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

Pacific Grove Councilmember Rudy Fischer and Barbara Livingston spoke to this issue.

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

Council Member BURNETT moved to approve Police Officers Standards and Training (POST) performing a study of shared services between the Carmel and Pacific Grove police departments, but to provide feedback to POST on taking consideration of the cultural differences and the net of ticket revenues and level of customer service affected by shared services, seconded by Council Member TALMAGE, 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. Receive report and provide policy direction regarding water conservation.

This item was continued to a future meeting.

D. Review report on the future of the Association of Monterey Bay Area
Governments (AMBAG) and authorize Ken Talmage to vote in favor of retaining AMBAG in its present form.

City Attorney Freeman recused himself due to a conflict of interest as he serves as legal counsel for AMBAG.

Council Member Talmage provided the report.

Council Member BURNETT moved to authorize Ken Talmage to vote in favor of retaining AMBAG in its present form, seconded by Council Member TALMAGE, 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. Ratify appointments for Boards and Commissions.

Mayor McCloud presented the names of the appointments for Boards and
Commissions.

Council Member SHARP moved to ratify the appointments for Boards and Commissions, 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

F. Authorize the Mayor to send a letter to Governor Brown in support of Assembly Bill 565.

Mayor McCloud provided a brief explanation that this letter of support was a request from the Monterey Peninsula Water Management District.

Council Member BURNETT moved to authorize the Mayor to send a letter to Governor Brown in support of Assembly Bill 565, seconded by Council Member TALMAGE, 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

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 10:00 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD