CITY COUNCIL: Agenda & Minutes April 2008

Special Meeting
Thursday, April 3, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, April 6, 2008
8:00 a.m., KMST Channel 26

www.ci.carmel.ca.us

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

Recognition of Officer Rachelle Lightfoot as “2007 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).
C. Announcements from City Administrator.
• Receive update on fire hydrants

VI. 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, per the Brown Act (Open Meeting Law), will not receive action by the Council 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 on tape.

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 meeting of March 5, 2008.
B. Ratify the bills paid for the month of March 2008.
C. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.
D. Consideration of a Resolution approving a three-year banking services agreement with Wells Fargo Bank.
E. Consideration of a Resolution authorizing co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of the special Foundation Maybeck Plaque Completion reception.
F. Consideration of a Resolution approving an amendment to the Monterey-Salinas Transit (MST) Joint Powers Agreement Amendment adjusting the funding formula from the County of Monterey.

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 an administrative decision to deny installation of 176 linear feet of river rock curb, 8-16 inches high to delineate guest parking on Mission Street and to separate property from the street on Santa Lucia and Mission. The appellant and property owners are A.J. and R.J. Amoroso.

IX. Ordinances
None

X. Resolutions
A. Consideration of a Resolution approving a rate increase of 11.95% for 2008 to reflect increases in disposal fees (approved by the Monterey Regional Waste Management District), a Cost of Living Adjustment, a fuel price increase offset, and a fair rate of return.
B. Consideration of a Resolution to approve a new Memorandum of Agreement between the City of Carmel-by-the-Sea and the Harrison Memorial Library Board of Trustees.
C. Consideration of a Resolution authorizing participation in a Monterey County grant application to the Office of Homeland Security for a Telephone Emergency Notification System (TENS).

XI. Orders of Council
A. Receive report and provide policy direction on the proposed Cease and Desist Order upon California-American Water’s Diversions from the Carmel River.
B. Consideration of a Resolution approving support for the Memorandum of Understanding for the Regional Water Planning Projects.
C. Ratify Appointments to the Forest and Beach Commission and the Community Activities and Cultural Commission.
D. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. Adjournment

The next regular meeting of the City Council will be:
Special Council Meeting: Swearing In Ceremony – 3:00 p.m.
Tuesday, April 15, 2008
Council Chambers

Special Council Meeting: Budget Workshop – 4:30 p.m.
Thursday, April 17, 2008
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, May 6, 2008
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.

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.


MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 3, 2008

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 Hazdovac, Rose, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Joyce Giuffre, Admin. Services Director

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

IV. EXTRAORDINARY BUSINESS
Mayor McCloud requested a moment of silence for the recent passing of three prominent
Carmel residents: Bob Evans; Bob Fisher; and Howard Skidmore.

Council Member Rose also noted the passing of “George, The Plumber” (George
Wesley Shepard), who was well known throughout the community both for his plumbing
skills and his helpfulness to those in need.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL
MEMBERS AND THE CITY ADMINISTRATOR.
A. Announcements from Closed Session.

None

B. Announcements from City Council Members.
Mayor McCloud noted the City’s representation at the State Water Resources Board public hearing on April 1 regarding the Cal-Am Cease and Desist Order and the upcoming election reception on Tuesday, April 8th, in the Council chambers.

C. Announcements from City Administrator.
Receive update on fire hydrants
Fire Chief Andrew Miller and Craig Anthony, general manager of California- American Water (Cal-Am), presented the update on the fire hydrants.

James Wright, resident, commented on the hydrant update.

VI. APPEARANCES
Mayor McCloud opened the appearances section to public comment at 4:47 p.m.

Linda Anderson addressed Council regarding fire consolidation.

Alice Englander addressed Council regarding construction in the City.

Clayton Anderson addressed Council regarding fire staffing levels.

Jean Grace addressed Council regarding the possibility of changing the election from
April to a consolidated election in June.

Dorothy Cole, Jo Hardy, Jeff Turner, Greg Cole, Mike DeLay and Elsa Dooling
addressed Council regarding planned aerial spraying to combat the Light Brown Apple
Moth.

Dennis Wolfe, of Fremont, addressed Council regarding fire safety and open government.

Bill Karges addressed Council regarding Cal-Am’s proposed rate increases.

Mayor McCloud closed the appearances section to public comment at 5:22 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the meeting of March 5, 2008.
B. Ratify the bills paid for the month of March 2008.
C. Consideration of a Resolution authorizing the destruction of certain records in
accordance with §34090 et seq. of the Government Code.
D. Consideration of a Resolution approving a three-year banking services agreement
with Wells Fargo Bank.
E. Consideration of a Resolution authorizing co-sponsorship with the Library Board of
Trustees and Carmel Public Library Foundation of the special Foundation Maybeck
Plaque Completion reception.
F. Consideration of a Resolution approving an amendment to the Monterey-Salinas
Transit (MST) Joint Powers Agreement Amendment adjusting the funding formula
from the County of Monterey. Item VII.C. - Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code- was pulled and will be brought back at a later date.

Council Member Talmage noted a correction to the March 5, 2008 minutes regarding
the bond-funded project list. The motion should read “approval of a Resolution
authorizing staff to apply to the State of California Department of Finance for release of Proposition 1B bond funds for street and road projects and approving an amended list of projects to be funded with the bond proceeds.” This correction will be made.

Mayor McCloud opened and closed the meeting to public comment at 5:23 p.m.

Council Member ROSE moved approval of Consent Calendar items A. (as amended), B., D., E. and F., seconded by Council Member SHARP and carried unanimously.

Item XI.A. was heard out of order due to a time constraint by the City Attorney.

XI. A. Receive report and provide policy direction on the proposed Cease and Desist Order upon California-American Water (Cal-Am)’s Diversions from the Carmel River.

City Attorney Don Freeman presented the report.

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

Richard Murray addressed Council.

Council directed the City Attorney to participate in the State Water Board hearings on behalf of the City.

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of an administrative decision to deny installation of 176 linear feet of river rock curb, eight to 16 inches high to delineate guest parking on Mission Street and to separate property from the street on Santa Lucia and Mission. The appellant and property owners are A.J. and R.J. Amoroso.

Mayor McCloud recused herself from the hearing noting the proximity of her
residence to the appellant’s property.

John Hanson, Building Official, presented the staff report.

Richard Murray, landscape architect for the appellant, addressed Council.

Vice Mayor Talmage opened and closed the hearing to public comment at 5:50 p.m.

Vice Mayor Talmage allowed the appellant to comment at 5:59 p.m. Richard
Murray, the appellant’s landscape architect, speaking on behalf of his client,
clarified details regarding the proposed project.

Council Member HAZDOVAC moved to deny the appeal and uphold the administrative decision to deny installation of 176 linear feet of river rock curb, eight to 16 inches high to delineate guest parking on Mission Street and to separate property from the street on Santa Lucia and Mission, seconded by Council Member ROSE and carried by the following roll call:

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

IX. ORDINANCES

None

X. RESOLUTIONS
A. Consideration of a Resolution approving a rate increase of 11.95% for 2008 to
reflect increases in disposal fees (approved by the Monterey Regional Waste
Management District), a Cost of Living Adjustment, a fuel price increase offset, and
a fair rate of return.

City Administrator Guillen introduced Felipe Melchor, District Manager for Waste
Management Inc.

Felipe Melchor presented the report and noted that the requested rate increase had
been lowered from 11.95% to 11.70% in the time between receipt of the request and
the Council meeting. He introduced Kristi Carriveau, Waste Management, Inc.’s
new Contract Compliance Officer.

Mayor McCloud opened the meeting to public comment at 6:27 p.m.

Jean Grace and Monte Miller addressed Council.

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

Council Member ROSE moved approval of a Resolution approving a rate increase of 11.70% (as amended) for 2008 to reflect increases in disposal fees (approved by the Monterey Regional Waste Management District), a Cost of Living Adjustment, a fuel price increase offset, and a fair rate of return, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of a Resolution to approve a new Memorandum of Agreement
between the City of Carmel-by-the-Sea and the Harrison Memorial Library Board of
Trustees.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:32 p.m.

Bob Irvine, Vice Chair of the Harrison Memorial Library Board of Trustees, Helen Breck, First Vice President of the Carmel Public Library Foundation, Denise Swift, Member of the Harrison Memorial Library Board of Trustees, and Richard Flower addressed Council.

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

Council Member ROSE moved approval of a Resolution to approve a new Memorandum of Agreement between the City of Carmel-by-the-Sea and the Harrison Memorial Library Board of Trustees, seconded by Council Member TALMAGE and carried by the following roll call:

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

Item XI.B. was heard out of order to accommodate the schedule of the
consultant.

XI.B Consideration of a Resolution approving support for the Memorandum of
Understanding for the Regional Water Planning Projects

Mayor McCloud opened and closed the meeting to public comment at 6:47 p.m.

Stephanie Pintar, Water Demand Manager for the Monterey Peninsula Water Management District, answered questions.

Mayor McCloud said that, on the recommendation of the City Attorney, number 3 of
the Resolution should be amended to read, “The City finds that supporting the
Monterey Regional Water Project Plan should be included in any environmental
impact analysis.”

Council Member ROSE moved approval of the Resolution in support of the Memorandum of Understanding for the Regional Water Planning Projects, as amended, seconded by Council Member TALMAGE and carried by the following roll call:

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

XI.C. Approve the allocation of $31,000 for operational costs associated with the 2008 Carmel Art Festival (CAF) and direct staff to prepare an agreement.

City Administrator Guillen presented the staff report.

Tammy Tharp, director of The Carmel Art Festival, addressed Council and answered questions about the event. She said the event, originally scheduled for May 15-18, 2008, had been suspended by the board because of uncertainties in the regional and national economy.

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

Monte Miller and Monta Potter addressed Council.

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

Council Member HAZDOVAC moved approval of the allocation of $31,000 for operational costs associated with the 2008 Carmel Art Festival (CAF) and directed staff to prepare an agreement, seconded by Council Member SHARP and carried unanimously.

C. Consideration of a Resolution authorizing participation in a Monterey County grant
application to the Office of Homeland Security for a Telephone Emergency Notification System (TENS).

Public Safety Director George Rawson presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 7:07 p.m.

Council Member ROSE moved approval of a Resolution authorizing participation in a Monterey County grant application to the Office of Homeland Security for a Telephone Emergency Notification System (TENS),seconded by Council Member HAZDOVAC and carried unanimously.

XI. ORDERS OF COUNCIL

Items XI.A.-C. were heard out of order and earlier in the meeting.

D. Ratify Appointment to the Forest and Beach Commission

Mayor McCloud submitted the recommendation of Dr. Les Kadis to Council for
approval.

Mayor McCloud opened and closed the public comment at 7:10 p.m.

Council Member ROSE moved approval of Dr. Les Kadis to the Forest and Beach
Commission to fill the vacancy left by Bob Tierney, seconded by Council Member
SHARP and carried unanimously.

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

The election on April 8th, swearing-in ceremonies on April 15th, and budget workshop on April 17th were noted.

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:12 p.m.


Respectfully submitted,

___________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR