CITY COUNCIL: Agenda & Minutes November 2008

AGENDA
Regular Meeting
Tuesday, November 4, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, November 9, 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. Introduction of new Police Officer Joshua Plosser.

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 Sunset Cultural Center First Quarter Financial Report

2. Receive the City’s First Quarter Financial Report

3. Receive status report on the 4th Avenue Riparian Project

4. Presentation by Monterey Bay National Marine Sanctuary
Superintendent Paul Michel

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 October 7, 2008.

B. Ratify the bills paid for the month of October 2008.

C. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

D. Consideration of a Resolution awarding recycling grants totaling $18,650 to two nonprofit organizations.

E. Consideration of a Resolution authorizing a lease agreement for a Pitney Bowes postage meter, with a total lease cost of $10,304.

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

G. Consideration of Findings for the Council’s decision to grant an appeal requesting that a second-story deck be removed from a project at Guadalupe 4NE 5th Avenue. The appellants are Helen and Mark d’Oliveira.

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 a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project. The appellant is Barbara Livingston.

IX. Ordinances

A. Second reading of an Ordinance amending Chapter 2.04.160 “Council Right of Review” to require Council requests for review to be filed within 10 business days upon final action by a board, commission or committee.

B. Consideration of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission (First Reading).

X. Resolutions

A. Consideration of a Resolution awarding the bid for the Storm Drain Improvements for San Antonio and 8th Avenues to James Sommerville, Inc. in the amount of $95,760, and authorize a 10% contingency cost of $9,576.

XI. Orders of Council

A. Receive report and provide policy direction regarding the implementation of hybrid vehicles for police patrol and general city use.

B. Appointment of ad hoc committees:

1) Volumetrics Committee

2) Green Committee

C. 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, December 2, 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.

Any writings or documents provided to a majority of the City Council subsequent to the publishing of the agenda 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
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 4, 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 4:32 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
Sean Conroy, Planning & Building Services Manager

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

Mayor McCloud asked for a moment of silence to honor local citizens who have recently passed away: Dorothea Roberts, Ward Crockett and Bob Tierney.

IV. EXTRAORDINARY BUSINESS

A. Introduction of new Police Officer Joshua Plosser.

This item was continued until the December Council meeting.

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

A. Announcements from Closed Session.

None, as noted by City Attorney Don Freeman.

B. Announcements from City Council Members.

Council Member Talmage noted the upcoming retirement party for the Executive Director for the Association of Monterey Bay Area Governments.

Council Member Sharp said there is a pending MST fare increase amidst concerns about budget shortfalls. In addition, a committee is working on developing a trolley route that would run in the City of Carmel-by-the-Sea for a period of months.

Mayor McCloud invited the public to the Veterans Day observance at Devendorf Park at 11:00 a.m. on November 11th.

C. Announcements from City Administrator.

Receive Sunset Cultural Center First Quarter Financial Report

Dave Parker, SCC, Inc. Board Member, presented the report.
Peter Lesnik, Executive Director, noted upcoming children’s events at SCC.

Receive the City’s First Quarter Financial Report
Joyce Giuffre, Administrative Services Director presented the report.

Receive status report on the 4th Avenue Riparian Project
City Administrator Guillen presented the status report.

Presentation by Monterey Bay National Marine Sanctuary Superintendent Paul Michel
Paul Michel, Superintendent of the Monterey Bay National Marine Sanctuary, presented the report.

Chief Rawson noted the mountain lion sighting by the Carmel Mission and encouraged the public to be aware. He also said the new TENS (telephone emergency notification system) system was implemented to alert residents.

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 5:08 p.m.

August Beacham, President of the Carmel Professional Firefighters, expressed his
gratitude to the Council and City Administrator for actions taken to improve fire
services.

John Hagstrom addressed Council regarding deteriorating trees near his property.

Mayor McCloud closed the appearances section to public comment at 5:14 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of October 7, 2008.

B. Ratify the bills paid for the month of October 2008.

C. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

D. Consideration of a Resolution awarding recycling grants totaling $18,650 to two nonprofit organizations.

E. Consideration of a Resolution authorizing a lease agreement for a Pitney Bowes postage meter, with a total lease cost of $10,304.

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

G. Consideration of Findings for the Council’s decision to grant an appeal requesting that a second-story deck be removed from a project at Guadalupe 4NE 5th Avenue. The appellants are Helen and Mark d’Oliveira.

Mayor McCloud opened the meeting to public comment at 5:13 p.m.

Council pulled item D for public comment and continued Item C.

Council Member ROSE moved adoption of Consent Items A, B, E, F& G, seconded by Council Member HAZDOVAC and carried unanimously.

Felipe Melchor, district manager of Waste Management, Inc., addressed Council regarding Item D and noted Waste Management, Inc.’s willingness to expand its grant criteria.

Laurie Fannin of Carmel River Elementary School addressed Council regarding the grant projects in Item D.

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

Council Member ROSE moved adoption of Consent Item D, seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project. The appellant is Barbara Livingston.

Brian Roseth, Principal of Monterey Bay Planning Services, presented the staff report.

Appellant Barbara Livingston addressed Council.

Susan Brandt-Hawley, attorney for the appellant, addressed Council.

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

Addressing the Council were: Jim Wright; Olof Dahlstrand; Lucia Dahlstrand on behalf of Jean Grace; Mike Dawson, Alliance of Monterey Area Preservationists; Brian Congleton, representing the Board of Monterey Bay American Institute of Architects (AIA); Roberta Miller, representing the Board of the Carmel Residents Association; Clayton Anderson, President of Friends of the Forest; and Claudine Van Vleet, Carmel Preservation Society.

Dennis Beougher, Counsel for John Mandurrago, owner of the property, spoke to the issue.

Further speakers included: Barbara Brooks; Linda Anderson; Richard Rhodes; Ken White; Skip Lloyd; Richard Barrett; Monte Miller; Anne Bell, Board Member of the AIA; and Eleanor Laiolo.

John Mandurrago, owner of the property, addressed Council.

Susan Brandt-Hawley addressed Council.

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

City Attorney Don Freeman clarified the laws governing the project.

Council Member ROSE moved to grant the appeal, 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

Council took a seven minute break at 6:40 p.m., reconvening at 6:47 p.m.

XI.A. Receive report and provide policy direction regarding the implementation of hybrid vehicles for police patrol and general city use.

This item was taken out of order. Sgt. Paul Tomasi presented the report.

IX. ORDINANCES

A. Second reading of an Ordinance amending Chapter 2.04.160 “Council Right of Review” to require Council requests for review to be filed within 10 business days upon final action by a board, commission or committee.

City Clerk Heidi Burch presented the staff report.

Mayor McCloud opened and closed the hearing to public comment at 6:58 p.m.

Council Member ROSE moved approval of an Ordinance amending Chapter 2.04.160 “Council Right of Review” to require Council requests for review to be filed within 10 business days upon final action by a board, commission or committee, seconded by Council Member SHARP 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

B. Consideration of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission (First Reading).

Sean Conroy presented the staff report.

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

Council Member ROSE moved approval of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission, 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

X. RESOLUTIONS

A. Consideration of a Resolution awarding the bid for the Storm Drain Improvements for San Antonio and 8th Avenues to James Sommerville, Inc. in the amount of $95,760, and authorize a 10% contingency cost of $9,576.

City Administrator Rich Guillen presented the staff report.

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

Council Member ROSE moved approval of a Resolution of a Resolution awarding the bid for the Storm Drain Improvements for San Antonio and 8th Avenues to James Sommerville, Inc. in the amount of $95,760, and authorize a 10% contingency cost of $9,576, seconded by Council Member HAZDOVAC and carried by the following roll call:

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

XI. ORDERS OF COUNCIL

A. Receive report and provide policy direction regarding the implementation of hybrid vehicles for police patrol and general city use was heard earlier.

B. Appointment of ad hoc committees:

1) Volumetrics Committee

2) Green Committee

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

X. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:01 p.m.
Respectfully submitted,

___________________________
Heidi Burch, City Clerk
ATTEST:

____________________________
SUE McCLOUD, MAYOR