‘MINUTES’ for Four Noteworthy 1 May 2012 City Council Agenda Items

“MINUTES”

CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

Tuesday, May 1, 2012

Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Beach, Hazdovac, Talmage and Mayor Burnett

ABSENT: None

STAFF PRESENT (partial list): Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Don Freeman, City Attorney

Marc Wiener, Associate Planner

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Potential Litigation -- Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

3. Property Negotiations – Gov’t. Code Section 54956.8, Between City Administrator Jason Stilwell and Rick Stemple regarding the Flanders Property.

4. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding labor negotiations with the two bargaining units.

City Attorney Don Freeman announced that the City Council met in closed session on Monday and there were no announcements for the public except regarding Gov’t. Code Section 54956.8, Between City Administrator Jason Stilwell and Rick Stemple regarding the Flanders Property which involved real property negotiations involving the City and the negotiating party for the developer and only price and terms were discussed.  

Related Article: Carmel in Negotiations for Flanders Mansion Property Deal

Blog: News Blog By Sara.Rubin May 2, 2012

VII. Consent Calendar

E. Consideration of a Resolution authorizing the City Administrator to amend an existing contract with Neill Engineering for services related to the City’s ASBS Dry Weather Diversion Grant.

Mayor Burnett opened and closed the meeting to public comment.

Council Member HAZDOVAC moved to approve Consent Agenda Items A-E, seconded by Council Member TALMAGE and carried unanimously.

XI. Orders of Council

B. Provide direction regarding the placement of a 9/11 memorial on City property.

City Administrator Stilwell presented the staff report.  A group of citizens traveled to Carmel, N.Y. to retrieve a piece of steel from the World Trade Center with the intent of it becoming a 9/11 Memorial for Carmel.  Two issues involve consideration of memorial on private property through public hearing process or locations on public property and referred to the Planning Commission. 

Marc Wiener, Associate Planner, reviewed potential public locations:

• In the gardens in front of the Police Station.

• Inside the Fire Station.

• Devendorf Park

• First Murphy Park (possibly on the viewing platform)

• Piccadilly Park

CarrieAnn addressed the 9/11 memorial entitled "Resolve & Remembrance" Memorial for Carmel and recounted the cutting on March 20 in New York and thanked Monterey Firefighters Association and their families for accompanying the piece of steel across the country to Carmel.  In explaining “why Carmel,” she stated that 9/11 affected all Americans and we all felt the loss on 9/11 and a memorial would assist us bridge the loss.  She advocated placement at Devendorf Park which was a “gift for central gatherings.”

To Hazdovac’s query, she stated that the Carmel Firefighters would maintain the Memorial “for life” 

To Beach’s query, she circulated the proposed design for the 15” x 12” steel piece.  And she stated htat material will be supplied by John Mandurrago and designed by Jim Griffith

Mayor Burnett opened the meeting to public comment.

Monte Miller and John Sap stated it would be fitting for the 9/11 Memorial to be in Devendorf Park, home to other war memorials.    

Carl Iverson stated that as an “international village” it is appropriate for a 9/11 Memorial to be in Carmel and supported the Memorial in Devendorf Park.

Robin Feltenberg, a volunteer member of American legion auxiliary, stated she was “privileged and honored” to be at the Carmel Fire Station when the piece of steel arrived in Carmel. 

Diane Whitaker applauded the Council for its wisdom in placing 9/11 Memorial in Carmel. 

Chuck Danh stated that it is a “great honor” to have a piece of history in the 9/11 Memorial in Carmel and advocated for placement in Devendorf Park. 

John Hanson, city employee, stated that 9/11 changed his life drastically and he is proud to have the Memorial in Carmel.

Mayor Burnett closed the meeting to public comment.

Council Member Beach stated the Memorial represents a location for people to remember and imaged a gathering in Devendorf Park. She stated that 9/11 was the “most important world historic thing” which has happened in her lifetime. 

Council Member Talmage advocated that the most appropriate place was Devendorf Park with the other war memorials, but he did not want to commercialize the 9/11 Memorial. He stated he did not want a competition among artists for design.

Council Member Hazdovac suggested calling for sculpture design submissions and refer to Planning Commission with Council and public input for location in Devendorf Park. 

Mayor Burnett used adjectives to describe the 9/11 Memorial including “somber, private, serious, understated, discrete and simple.”  And he stated that the appropriate thing to do is for the City Council to ask staff to take to the Planning Commission and bring back proposal including guidelines, et cetera.  

Mayor Burnett reopened the meeting to public comment.

John Mandurrago stated that it was not necessary to add more ornamentation. 

John Sap stated he liked design with Carmel stone. 

CarrieAnn stressed that the 9/11 Memorial be “accessible to all.” 

Carolyn Hardy stated her concern was for the 9/11 Memorial to not overwhelm the other memorials in Devendorf Park. 

Mayor Burnett reclosed the meeting to public comment.

Council Member TALMAGE moved to place 9/11 Memorial in Devendorf Park, ask Staff to prepare proposal for Planning Commission and send to Planning Commission with Council direction and encourage public participation regarding submissions for base, if appropriate, seconded by Council Member BEACH and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; BEACH; TALMAGE & BURNETT

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: NONE

Note:  “RESOLVE & REMEMBRANCE"

Carmel by the Sea's

September 11th Memorial

9-11 Memorial / Freedom Tower Update - (April 28th, 2012)

World Trade Center - Craig Armstrong - 

World Trade Center Theme Song

C. Receive report and provide direction on future water supply.

Mayor Burnett spoke of Cal-Am’s presentation on a new water supply project submitted to the California PUC.  Cal-Am proposes a three-part solution namely working with the Water Management District on aquifer storage recovery (ASR) (13 acre-ft.), ground water recycling/replenishment (GWR) (3500 acre-ft.) with the Water Management District and the Pollution Control Agency and a desalination project located in the vicinity of the land fill with slant wells near Waste Management property and operated by Cal-Am.  With regard to ASR and GWR, Cal-Am will not provide financing for projects.   Cal-Am project financed by four sources of capital including a surcharge prior to on-line project ($100 million), line of credit ($15-$20 million), two separate submissions to State to revolving fund (total $100 million) and  Cal-Am equity. 

City Administrator Stilwell presented a power point presentation.

Monterey Peninsula Regional Water Authority

• Formed as Joint Powers Agreement of the 6 Peninsula cities
• Carmel City Council appointed the Mayor and Councilmember Talmage as alternative

Goals-Based Plan

Mission

Vision

Two Goals

• Cost-Effective Project by Deadline
• Unified and Public Voice 

JPA review and vet Cal-Am’s new Water Supply Project

Monterey Peninsula Water Supply Project

• www.watersupplyproject.org 

• Cal-Am project application to State PUC

• 3 part project
• new desalination plant
• ground water replacement (GWR)
• aquifer storage and retrieval (ASR)

• $213 million - $260 million desalination plant
• Customer rate surcharge proposed to begin in 2013 

• New water source begins 2017

Council Member Talmage mentioned four issues including amount of water for growth versus status quo; desal plant ownership regarding private versus public-private ownership; financing of private vs. public ownership; and desal plant EIR whether revised EIR or new EIR required. 

Mayor Burnett mentioned water rights issue regarding judge’s ruling. 

City Attorney Don Freeman stated the water supply project needs to be “environmentally sensitive,” “timely” and “reliable.”  He mentioned the Cease and Desist Order (CDO) against Cal-Am and requirement to meet demand regarding over-pumping of the Carmel River. 

Mayor Burnett opened the meeting to public comment.

John Sap stated that he had worked on the Regional Desalination Project; that Project was an alternate to Cal-Am’s proposal to the Moss Landing desalination plant.   He stressed that Cal-Am is only addressing the CDO, i.e. over-pumping of the Carmel River.  Realistically, he stated that he believed that there will not be a project online by CDO deadline and there needs to be a negotiation with the Board for flexibility. 

Monte Miller queried about EIR process and adequacy; authority of JPA with PUC; and liability of Pacific Grove with respect to Moss Landing desalination plant. 

Michael LePage requested Council’s discussion regarding Cal-Am’s decision on privately owned desalination plant. 

Barbara Livingston asked whether hotels have cards with regard to towel replacement. 

Carrie Theis, Carmel Innkeepers, stated there are cards in all hotel rooms and they participate in “do not use towels” program, et cetera.

Kristy Downing queried about People’s Desalination Plant and the possibility of joining Pacific Grove and reasons why or why not.

Richard stated we need about 10,500 acre-feet of water; queries involving Salinas Valley agriculture and peninsula users, and payment for premium recycled water. 

Mayor Burnett closed the meeting to public comment.

Mayor Burnett stated the PUC lead agency with Cal-Am’s proposed project regarding EIR; JPA to file as party to process involving PUC proceedings; City does not have sufficient information regarding Pacific Grove’s decision to make a decision; Cal-Am’s private ownership and also financing and oversight regarding private versus public ownership; expand ground water replenishment possibility. 

Council Member Beach asked estimated costs of GWR and ASR   Capacity of aquifer is 48,000 acre-ft.  She also asked about logic for ASR amounts; Mayor Burnett answered that the amounts reflected system optimization from an engineering standpoint.  Therefore, she gave direction to mayor for cost effectiveness of components.    

City Attorney Freeman reviewed Seaside Basin’s water master (judge) and salt-water intrusion possibility.  To date, there is no salt-water intrusion.  Court has stated no salt-water intrusion allowed.

Mayor Burnett pledged to bring back at least the 218 component next month with a presentation. 

City Attorney Freeman mentioned independent numbers sources from Cal-Am in its 11 alternatives analysis study and the City of Monterey consultant engineer’s study.