CITY COUNCIL: Agenda & Minutes July 2008

Regular Meeting
Tuesday, July 1, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, July 6, 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

A. Certificate of Appreciation to Community Services Director Christie Miller

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 report on Destination Marketing

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 June 3, 2008.

B. Ratify the minutes for the special budget meeting of June 10, 2008.

C. Ratify the bills paid for the month of June 2008.

D. Consideration of a Resolution amending the agreement with Tristar Risk Management for the processing of workers compensation claims.

E. Consideration of a Resolution authorizing the submittal of a grant application in the amount of $2,500,000 to the State Water Resources Control Board for projects associated with storm water runoff.

F. Consideration of a Resolution entering into an agreement with Anda/Burghardt Advertising, Inc. for destination marketing services in an amount not to exceed $128,750.

G. Consideration of a Resolution amending the franchise agreement with USA Waste of California (Carmel Marina Corporation) to expand annual recycling grant distributions to include both youth and adult nonprofit organizations.

H. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Monterey Bay Planning Services to provide project assistance to the Department of Community Planning and Building in an amount not to exceed $35,000.

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 the Planning Commission’s decision to deny Design Study and Coastal Development Permit applications for the substantial alteration of a residence located at the W/s of San Antonio between Ocean and 4th Avenues. The appellant and property owners are Robb and Dale Johnson.

B. Consideration of an appeal of the Planning Commission’s decision to deny a Design Study application for the installation of vinyl windows in a structure located at the SE corner of Dolores and 8th Avenue. The appellant and property owner is the Carmel Chapter of the American Red Cross.

IX. Ordinances

A. Second Reading of an Ordinance of the City of Carmel-by-the-Sea adding Section 3.36 to the Municipal Code - Establishing a Regional Development Impact Fee.

B. Second Reading of an Ordinance of the City of Carmel-by-the-Sea amending Municipal Code Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits”, Section 10.12.010 “Miscellaneous Streets”.

C. Second Reading of an Ordinance of the City of Carmel-by-the-Sea amending Section of 8.68 of the Municipal Code regarding Chlorofluorocarbon and Similar Packaging Material Restrictions.

D. Consideration of an Ordinance amending the Local Coastal Program and Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and Required Findings) – First Reading.

X. Resolutions

A. Consideration of a Resolution amending the Land Use Element of the General Plan/Local Coastal Plan to allow for increased density and floor area for projects that consist exclusively of affordable housing.

XI. Orders of Council

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

XII. Adjournment

The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, August 5, 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
July 1, 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 4:30 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, 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 announced that Bill Bates was in the hospital, having experienced a heart attack earlier that day.

The Mayor also called for a moment of pause for all of those fighting the severe wildfires locally and throughout the state.

Mayor McCloud presented a certificate of appreciation to Community Services Director Christie Miller.

Corporal Steve Rana spoke regarding Christie’s service to the City.

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.
Council Member Rose announced a new legal self-help program at the Monterey County Courthouse.

Mayor McCloud noted the City’s Fourth of July celebration at Devendorf Park on Friday beginning at 1:00 p.m.

C. Announcements from City Administrator.

Receive report on Destination Marketing

Jeff Burghardt presented the marketing report.

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 4:52 p.m.

Monta Potter, CEO of the Carmel Chamber of Commerce, noted that the City of Carmel-by-the-Sea has not been affected by the fires, that all of the businesses are open, and the air quality is not at a harmful level.

Carl Iverson noted a website devoted to cancer awareness—www.standup2cancer.org, and encouraged the community to visit the site and support the effort.

Erl Lagerholm noted Carmel Heritage Society’s Annual Home Tour on July 13th and, in particular, cited the Soto House on Monterey Street.

Mark Bayne spoke regarding the proposed project at the site of the Carmel Convalescent Hospital and requested the City’s opposition to the project.

Todd Tice spoke regarding parking spaces being made available during the week of Concours.

Skip Lloyd addressed Council regarding fires on the beach.

Barry Kohler addressed Council regarding the Forest Theater meeting and the necessity for pedestrian street signs by the crosswalk at the Post Office.

Mayor McCloud closed the appearances section to public comment at 5:12 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of June 3, 2008.

B. Ratify the minutes for the special budget meeting of June 10, 2008.

C. Ratify the bills paid for the month of June 2008.

D. Consideration of a Resolution amending the agreement with Tristar Risk Management for the processing of workers compensation claims.

E. Consideration of a Resolution authorizing the submittal of a grant application in the amount of $2,500,000 to the State Water Resources Control Board for projects associated with storm water runoff.

F. Consideration of a Resolution entering into an agreement with Anda/Burghardt Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750.

G. Consideration of a Resolution amending the franchise agreement with USA Waste of California (Carmel Marina Corporation) to expand annual recycling grant distributions to include both youth and adult nonprofit organizations.

H. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Monterey Bay Planning Services to provide project assistance to the Department of Community Planning and Building in an amount not to exceed $35,000.

Mayor McCloud opened and closed the meeting to public comment at 5:14 p.m.

Council Member HAZDOVAC moved adoption of the Consent Calendar with minor corrections to the minutes and the correction to the grant resolution to reflect the correct name of the State Water Resources Control Board, seconded by Council Member ROSE and carried unanimously.

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to deny Design Study and Coastal Development Permit applications for the substantial alteration of a residence located at the W/s of San Antonio between Ocean and 4th Avenues. The appellant and property owners are Robb and Dale Johnson.

Sean Conroy, Planning Services Manager, presented the staff report.

Miriam Schakat, counsel for the appellant, addressed Council.

Mayor McCloud opened the hearing to public comment at 5:35 p.m.

Stephen Wilmoth, the project architect, addressed Council.

Margaret Kim and Mary Liskin, neighbors to the Johnsons, addressed Council.

Jim Heisinger, counsel to the Ericksons, who are also Johnson neighbors, addressed Council.

Neighbor Greg Erickson then addressed Council.

Mayor McCloud closed the hearing to public comment at 5:57 p.m.

Miriam Schakat offered closing remarks.

City Attorney Don Freeman addressed Jim Heisinger’s comments and focused the issues upon which to be deliberated.

Sean Conroy answered Council questions.

Mayor McCloud closed the hearing to public comment at 6:06 p.m.

Council Member HAZDOVAC moved to deny the appeal and direct the Planning Commission/staff to work with the applicant in regard to the adjusted lot size that does not include the shared driveway, seconded by Council Member McCLOUD and carried by the following roll call:

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

B. Consideration of an appeal of the Planning Commission’s decision to deny a Design Study application for the installation of vinyl windows in a structure located at the SE corner of Dolores and 8th Avenue. The appellant and property owner is the Carmel Chapter of the American Red Cross.

Sean Conroy, Planning Services Manager, presented the staff report.

Sharon Crino, CEO of the Carmel Chapter of the American Red Cross, addressed Council.

Eli Arriolo, American Vision Windows, addressed Council on behalf of the Red Cross.

Mayor McCloud opened the hearing to public comment at 6:31 p.m.

Michael LePage, Barbara Livingston, Monte Miller and Peggy Maus, chair of the Board of Directors of the American Red Cross, addressed Council.

Mayor McCloud closed the hearing to public comment at 6:35 p.m.

Sharon Crino offered closing remarks and answered Council questions.

Jim Pope, from American Vision Windows, answered Council questions.

Sean Conroy and Don Freeman addressed final issues.

Council Member ROSE moved to grant the appeal and request the Red Cross work with the Planning staff on choosing a color, seconded by Council Member HAZDOVAC. The motion was denied on a vote of 2-3, by the following roll call:

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

IX. ORDINANCES

A. Second Reading of an Ordinance of the City of Carmel-by-the-Sea adding Section 3.36 to the Municipal Code - Establishing a Regional Development Impact Fee.

Mayor McCloud opened and closed the meeting to public comment at 6:55 p.m.

Council Member TALMAGE moved adoption on Second Reading of an Ordinance Adding Chapter 3.36 to the City of Carmel-by-the-Sea Municipal Code Establishing a Regional Development Impact Fee, seconded by Council Member HAZDOVAC and carried by the following roll call:

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

B. Second Reading of an Ordinance of the City of Carmel-by-the-Sea amending Municipal Code Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits,”
Section 10.12.010 “Miscellaneous Streets”.

Mayor McCloud opened and closed the hearing to public comment at 6:57 p.m.

Council Member HAZDOVAC moved adoption on Second Reading of an Ordinance of the City Council of the City of Carmel-by-the-Sea amending Title 10, Division I. Traffic Code, Chapter 10.12 “Speed Limits”, Section 10.12.010 “Miscellaneous Streets, seconded by Council Member SHARP and carried by the following roll call:

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

D. Second Reading of an Ordinance of the City of Carmel-by-the-Sea amending Section of 8.68 of the Municipal Code regarding Chlorofluorocarbon and Similar Packaging Material Restrictions.

Mayor McCloud opened the hearing to public comment at 6:59 p.m.

Monta Potter, CEO of the Chamber of Commerce, provided Council with the results of an informal survey she took of some of the restaurants in town.

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

Council Member ROSE moved adoption on Second Reading of an Ordinance of the City Council of Carmel-by-the-Sea Amending Section of 8.68 of the Municipal Code regarding Chlorofluorocarbon and Similar Packaging Material Restrictions, 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

D. Consideration of an Ordinance amending the Local Coastal Program and Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and Required Findings) – First Reading.

Sean Conroy, Planning Services manager, presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:02 p.m.

Monte Miller addressed Council.

Mayor McCloud closed the meeting to public comment at 7:03 p.m.

Council Member TALMAGE moved adoption on First Reading of an Ordinance with changes to E. & F. amending the Local Coastal Program and Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and Required Findings), seconded by Council Member HAZDOVAC and carried by the following roll call:

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

X. RESOLUTIONS

A. Consideration of a Resolution amending the Land Use Element of the General Plan/Local Coastal Plan to allow for increased density and floor area for projects that consist exclusively of affordable housing.

Mayor McCloud opened and closed the hearing to public comment at 7:04 p.m.

Council Member SHARP moved approval of a Resolution amending the Land Use Element of the General Plan/Local Coastal Plan to allow for increased density and floor area for projects that consist exclusively of affordable housing, seconded by Council Member TALMAGE and carried by the following roll call:

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

XI. ORDERS OF COUNCIL

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:05 p.m.

Respectfully submitted,

___________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR