CITY COUNCIL: Agenda & Minutes August 2008

AGENDA
Special Meeting
Tuesday, August 5, 2008
4:35 p.m., Open Session

Broadcast date Sunday,
August 10, 2008
8:00 a.m., KMST Channel 26

http://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

None

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 quarterly report on Economic Revitalization

2. Receive report on the “Courtyard Map” of the City

3. Receive report from the Monterey County Convention and Visitors Bureau

4. Receive six-month report on GPS ticketing in the City

5. Receive report on the recent State Water Board hearing

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 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 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 regular meeting of July 1, 2008.

B. Ratify the minutes for the special meeting of July 1, 2008.

C. Ratify the minutes for the special meeting of July 15, 2008.

D. Ratify the bills paid for the month of July 2008.

E. Consideration of a Resolution approving a grant application to the United States Department of Homeland Security for a multi-purpose generator for use by the Carmel Police and Public Works departments, and the Carmel Youth Center in an amount not to exceed $201,000.

F. Consideration of a Resolution approving a FY 2008/09 Facilities Maintenance Department budget adjustment of $16,500 for repairs to the exterior storage area retaining wall and enclosure at the Flanders Mansion.

G. Consideration of a Resolution entering into an agreement with Denise Duffy & Associates to prepare an environmental impact report in accordance with the California Environmental Quality Act for the Flanders property in an amount not to exceed $67,000.

H. Consider a Resolution entering into an agreement with CB Richard Ellis Consulting to prepare an economic analysis for the Flanders Property in an amount not to exceed $40,000.

I. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc. (WCA) in an amount not to exceed $41,088.

J. Consideration of a Resolution authorizing the expenditure of $2,380.95 from the Council’s Discretionary Account to fund the production of a Concours on the Avenue map to promote the car event and local businesses.

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.

None

IX. Ordinances

A. Second Reading of an Ordinance of the City of Carmel-by-the-Sea amending the Local Coastal Program and Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and Required Findings).

B. Consideration of an Ordinance re-authorizing Carmel Municipal Code Chapter 9.16 to allow live music where alcoholic beverages are sold and/or served (First Reading).

X. Resolutions

A. Consideration of a Resolution to waive building permit fees for the Carmel Foundation’s Trevvett Court project.

B. Consideration of a Resolution entering into an agreement with Jeff Burghardt to provide professional services as the City’s Economic Revitalization Manager in an amount not to exceed $60,000.

C. Consideration of a Resolution entering into a contract with Pierce Manufacturing for the design and manufacture of a Saber PUC Pumper fire engine in the amount of $427,645.44.

XI. Orders of Council

A. Receive draft letter and provide policy direction in support of a $10 surcharge on noncommercial California vehicle registrations to fund maintenance of state parks and ranger services.

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

XII. Adjournment to Closed Session

Pursuant to Government Code Section 54956 et seq. of the State of California, the
City Council will adjourn to Closed Session to consider the following:

A. Public Employee Performance Evaluation - Gov’t. Code Section 54957.

Title: City Administrator

XIII. Announcements in Open Session (if any)

The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, September 9, 2008 *
Council Chambers

* Note that this meeting is on the second Tuesday, due to the Labor Day holiday.
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.

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
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 5, 2008

I. CALL TO ORDER
The special 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 4:38 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL

PRESENT: Council Members Hazdovac, Sharp, Talmage & McCloud
ABSENT: Council Member Rose
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Joyce Giuffre, Administrative 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 noted that Susan McDonald, a contract landscaper for the City, recently received two awards from the Central Coast Chapter of the Landscape Contractors Association.

The Mayor also noted the clean up of charcoal on the beach. To date, more than 2,500 pounds of charcoal have been removed.

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

A. Announcements from Closed Session.

None -- Closed Session to be held after Council meeting.

B. Announcements from City Council Members.

None.

C. Announcements from City Administrator.

Receive quarterly report on Economic Revitalization

Jeff Burghardt presented the report.

Receive report on the “Courtyard Map” of the City

Francesca Hawthorne presented the report.

Receive report from the Monterey County Convention and Visitors Bureau

Steven Wille, newly named President and CEO, presented the report.

Receive six-month report on GPS ticketing in the City

Sergeant Mike Calhoun presented the report.

Receive report on the recent State Water Board hearing

City Attorney Don Freeman presented the report.

City Administrator Guillen announced that the General Plan Update survey would be redistributed in the upcoming week.

VI. APPEARANCES

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

Tammi Tharp, Carmel Art Festival, gave a financial report to Council on the recent Festival.

Anne Bell noted a forum on September 19th from 1:00 -5:00 p.m. at the Maritime Museum on “Heritage Tourism.”

Barbara Livingston thanked Council and the City Administrator for fire abatement efforts, expressed the need to add trees to the Economic Revitalization Plan, and noted issues with lighting downtown.

Melanie Billig addressed Council regarding fires on the beach and the City’s efforts regarding the Cease and Desist Order.

Jim Wright addressed Council regarding the asking of questions during reports and the Destination Marketing Plan.

Skip Lloyd thanked Council for beach clean up efforts.

Barry Kohler noted the Friends of the Harrison Memorial Library book sale this weekend. As a representative of Save our Carmel Neighborhoods Coalition, he addressed Council regarding the proposed Convalescent Hospital Project.

Monta Potter, Carmel Chamber of Commerce CEO, noted the different shuttles for employees and visitors for the Concours events next week.

Roberta Miller thanked Council for the beach clean up efforts and noted the new presence of graffiti.

Mayor McCloud closed the appearances section to public comment at 6:08 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of July 1, 2008.

B. Ratify the minutes for the special meeting of July 1, 2008.

C. Ratify the minutes for the special meeting of July 15, 2008.

D. Ratify the bills paid for the month of July 2008.

E. Consideration of a Resolution approving a grant application to the United States Department of Homeland Security for a multi-purpose generator for use by the Carmel Police and Public Works departments, and the Carmel Youth Center in an amount not to exceed $201,000.

F. Consideration of a Resolution approving a FY 2008/09 Facilities Maintenance
Department budget adjustment of $16,500 for repairs to the exterior storage area
retaining wall and enclosure at the Flanders Mansion.

G. Consideration of a Resolution entering into an agreement with Denise Duffy & Associates to prepare an environmental impact report in accordance with the California Environmental Quality Act for the Flanders property in an amount not to
exceed $67,000.

H. Consider a Resolution entering into an agreement with CB Richard Ellis Consulting to prepare an economic analysis for the Flanders Property in the actual time amount
of $40,000.

I. Consideration of a Resolution authorizing the establishment of a cooperative
purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc. (WCA) in an amount not
to exceed $41,088.

J. Consideration of a Resolution authorizing the expenditure of $2,380.95 from the
Council’s Discretionary Account to fund the production of a Concours on the Avenue
map to promote the car event and local businesses.

Mayor McCloud opened the meeting to public comment at 6:11 p.m.

Melanie Billig requested that items G. & H. be pulled for further discussion at the end of the meeting.

Mayor McCloud closed the meeting to public comment at 6:11 p.m.

Council Member Hazdovac recused herself from voting on Consent Item J. as her business is a participant in the marketing effort.

Council Member TALMAGE moved adoption of Consent Items A.-F. and I., seconded by Council Member HAZDOVAC and carried unanimously.

Council Member TALMAGE moved adoption of Consent Item J., seconded by Council Member SHARP and carried unanimously, with Council Member Hazdovac abstaining.

VIII. PUBLIC HEARINGS

None

IX. ORDINANCES

A. Second Reading of an Ordinance amending the Local Coastal Program and Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and Required Findings).

Mayor McCloud opened and closed the meeting to public comment at 6:12 p.m.

Council took a vote was taken on this ordinance, which was later declared to be invalid, as consideration of ordinances may not take place at Special Meetings. This matter will be continued to the September 9, 2008 Regular Council meeting when a second reading and subsequent vote will occur.

B. Consideration of an Ordinance re-authorizing Carmel Municipal Code Chapter 9.16 to allow live music where alcoholic beverages are sold and/or served (First Reading).
Sean Conroy, Planning Services Manager, presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:22 p.m.

Monte Miller addressed Council regarding live music at the Forest Theater and the Golden Bough Theater and the free 60-day period for evaluating live music.

Carla Ramsey addressed Council regarding alcohol at the Golden Bough Theater.

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

Sean Conroy noted that the Ordinance only applies to businesses in the commercial district and therefore excludes the Forest and Golden Bough Theaters.

Council recommended three changes to the ordinance as written: charge a minimal fee to recover staff costs; exclude karaoke; and do not include a trial period.

Jeff Burghardt noted that smaller businesses had requested the 60-day free trial period.

This item will be continued to the September 9, 2008 Regular Council meeting, as
introduction of ordinances may not take place at Special Meetings.

X. RESOLUTIONS

A. Consideration of a Resolution to waive building permit fees for the Carmel Foundation’s Trevvett Court project.

Mayor McCloud opened and closed the meeting to public comment at 6:40 p.m.

Jill Sheffield, Executive Director of Carmel Foundation addressed Council.

Mayor McCloud closed the meeting to public comment at 6:41 p.m.

Council Member TALMAGE moved approval of a Resolution to waive the building permit fees for the Carmel Foundation’s Trevvett Court project and reimburse the organization $3,555 for incurred expenses, seconded by Council Member SHARP and carried by the following roll call:

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

Council took an 11-minute break at 6:47 p.m., reconvening at 6:58 p.m.

B. Consideration of a Resolution entering into an agreement with Jeff Burghardt to provide professional services as the City’s Economic Revitalization Manager in an
amount not to exceed $60,000.

Rich Guillen, City Administrator, presented the staff report.

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

Barbara Livingston addressed Council regarding eco-tourism, the planting of trees
and lighting by businesses.

Jim Wright addressed Council regarding the definition of “desired mix of businesses” and the proposed signage at Rio Road being inconsistent with General Plan.

Monta Potter, CEO of the Carmel Chamber of Commerce, requested clarification of the consultant’s weekly work hours, who the members of the economic revitalization committee are, and when they last met.

Barbara Livingston addressed Council regarding a sign on Highway 1.

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

Council took no action on this item. It will be continued to the Special Meeting of August 19, 2008.

C. Consideration of a Resolution entering into a contract with Pierce Manufacturing for the design and manufacture of a Saber PUC Pumper fire engine in the amount of $427,645.44.

Joyce Giuffre, Administrative Services Director, presented the staff report.

Assistant Fire Chief, Dave Brown, answered Council questions.

Mayor McCloud opened and closed the hearing to public comment at 7:43 p.m.

Council Member HAZDOVAC moved approval of a Resolution entering into a contract with Pierce Manufacturing for the design and manufacture of a Saber PUC Pumper fire engine in the amount of $427,645.44, seconded by Council Member SHARP and carried by the following roll call:

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

XI. ORDERS OF COUNCIL

A. Receive draft letter and provide policy direction in support of a $10 surcharge on noncommercial California vehicle registrations to fund maintenance of state parks and ranger services.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:49 p.m.

Melanie Billig and Barbara Livingston addressed Council.

Mayor McCloud closed the meeting to public comment at 7:49 p.m.

Council gave consensus to approve sending the letter to Assemblyman Laird.

G. Consideration of a Resolution entering into an agreement with Denise Duffy & Associates to prepare an environmental impact report in accordance with the California Environmental Quality Act for the Flanders property in an amount not to
exceed $67,000.

H. Consider a Resolution entering into an agreement with CB Richard Ellis Consulting to prepare an economic analysis for the Flanders Property in an amount not to exceed $40,000.

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

Melanie Billig, Flanders Foundation, had requested the two items be pulled. She requested Council delay hiring consultants in Items G. and H. and a hold public workshop to discuss options for use of the property.

Skip Lloyd addressed Council regarding the sale of the property.

Mayor McCloud closed the meeting to public comment at 7:58 p.m.

Don Freeman, City Attorney, clarified the requirements of the court as they relate to the approval of the two items.

Council Member HAZDOVAC moved adoption of Consent Items G. and H, seconded by Council Member SHARP and carried by the following roll call:

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

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

XII. ADJOURNMENT TO CLOSED SESSION

Mayor McCloud declared the Special meeting adjourned to closed session at 8:02 p.m.

Don Freeman, City Attorney, announced the Council would adjourn to Closed Session.

The closed session item was continued to the next Council meeting.

Respectfully submitted,


___________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR