CITY COUNCIL: Agenda & Minutes October 2008

AGENDA
Regular Meeting
Tuesday, October 7, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, October 12, 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 Greg Johnson.
B. Presentation of a donation in the amount of $3,000 from Jeanne Byrne, on behalf of the Pacific Grove Auto Rally.

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 Marketing Update from Jeff Burghardt

2. Receive update on the TAMC Investment Plan for Monterey County ballot measure “Z”.

3. Report on the impacts of the financial market predicament on the City of Carmel-by-the-Sea.

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 September 9, 2008.

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

C. Consideration of a Resolution to renew and expand the scope of an agreement with Bob Jaques for Storm Water Program management services in an amount not to exceed $50,000.

D. Consideration of a Resolution authorizing the City Administrator to renew and revise a contract with Katherine Gualtieri & Susan Lehmann to work as the City’s Historic Preservation Consultant firm.

E. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare a traffic and parking analysis as part of the Del Mar Master Plan project in an amount not to exceed $10,366.

F. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare an update to the City’s Housing Element in an amount not to exceed $50,000.

G. Consideration of a Resolution adopting the employment agreement between the City of Carmel-by-the-Sea and Richard I. Guillen, City Administrator.

H. Consideration of a Resolution authorizing year-end departmental budget transfers of $184,552 and transfers of unspent grant revenues of ($9,337.92) for fiscal year 2007-08 to comply with state financial restrictions.

I. Consideration of a Resolution accepting a gift of $3,000 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

J. Consideration of a Resolution authorizing payment of $7,000 to Peter Raimondi of University of California-Santa Cruz to analyze and interpret biological data, as required by the State Water Resources Control Board.

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 Design Review Board approving the proposed plans for the demolition of an existing residence and construction of a new home at Guadalupe 4 NE 5th Avenue. The appellants are Helen and Mark d’Oliveira, the home owners of the property to the south.

B. Consideration of an appeal of a decision of the Design Review Board denying an application for the installation of aluminum clad wood windows at ICR Systems, Inc., on the SW corner of 7th Avenue and Casanova Street. The appellant is ICR Systems, Inc. (Robert Lee, owner).

IX. Ordinances

A. Second reading of an Ordinance re-authorizing Carmel Municipal Code Chapter 9.16 to allow live music where alcoholic beverages are sold and/or served.

B. Consideration 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 (First reading).

X. Resolutions

A. Consideration of a Resolution authorizing approval to add “Firefighter” to the city’s position classification plan, adopt the job description, and appropriate funds to hire three new firefighters.

B. Consideration of a Resolution awarding the bid for the 2008 Street Resurfacing of Scenic Road; the Sunset Cultural Center South Parking lot; Ocean Avenue crosswalks; and Escolle Way to the Don Chapin Company in the amount of $128,033 and authorize a 10% contingency cost of $12,803.

XI. Orders of Council

A. Receive report and provide policy direction regarding enhancement to the citywide emergency preparedness plan

B. Ratify appointments to the Planning Commission, Design Review Board, Community Activities & Cultural Commission, Forest and Beach Commission, Harrison Memorial Library Board of Trustees and Historic Resources Board.

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, November 4, 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 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
October 7, 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 4:38 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 introduced Jake Odello, treasurer of the Associated Student Body of Carmel High School.

She then requested a moment of silence in memory of historic preservationist Enid Sales.


IV. EXTRAORDINARY BUSINESS
A. Introduction of new Police Officer Greg Johnson.

Sergeant Mel Mukai introduced Officer Johnson.

B. Presentation of a donation in the amount of $3,000 from Jeanne Byrne, on behalf of the Pacific Grove Auto Rally.

This item was continued until the November 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 Sharp noted the Green Building Workshop on December 3rd from 2:00-7:00 p.m. at the Monterey Conference Center.

Council Member Hazdovac noted three Carmel Pine Cone awards won by the City for Carmel Beach (Best Place to Watch the Sunset, Best to Walk your Dog and Best
Place to get Married.)

At the request of Mayor McCloud, Bruna Odello spoke about the Art Association’s event honoring artist Bill Bates on Sunday, October 26th.

Mayor McCloud and Council Member Hazdovac noted the City’s Birthday Parade on Saturday, October 25th.

C. Announcements from City Administrator.

Report on the impacts of the financial market predicament on the City of Carmel-by-the-Sea.

This item was heard out of order. City Administrator Guillen presented the report.

Receive Quarterly Marketing Update from Jeff Burghardt

Jeff Burghardt presented the Quarterly Marketing Update.

Receive Update on the TAMC Investment Plan for Monterey County Ballot Measure “Z”

City Administrator Guillen presented the update.

He then briefed the Council on the charcoal cleanup efforts at the beach.

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 5:17 p.m.

Manuel Fierro, Darby Worth and George Riley addressed Council regarding the proposed plans of Cal-Am Water and the position of the Division of Ratepayers Advocates.

Fearghal O’Maoldomhnaigh addressed Council regarding the Susan Page tree permit.

Jim Price, Chair of the Board of SCC, Inc. addressed Council regarding the “Authors and Ideas” conference.

Peter Lesnik, Executive Director of the Sunset Center, addressed Council regarding the projection system upgrade.

Mayor McCloud closed the appearances section to public comment at 5:35 p.m.

City Attorney, Don Freeman, addressed the tree permit issue brought up during “public
appearances.”

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of September 9, 2008.

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

C. Consideration of a Resolution to renew and expand the scope of an agreement with Bob Jaques for Storm Water Program management services in an amount not to exceed $50,000.

D. Consideration of a Resolution authorizing the City Administrator to renew and revise a contract with Katherine Gualtieri & Susan Lehmann to work as the City’s Historic Preservation Consultant firm.

E. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare a traffic and parking analysis as part of the Del Mar Master Plan project in an amount not to exceed $10,366.

F. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with RBF Consulting to prepare an update to the City’s Housing Element in an amount not to exceed $50,000.

G. Consideration of a Resolution adopting the employment agreement between the City of Carmel-by-the-Sea and Richard I. Guillen, City Administrator.

H. Consideration of a Resolution authorizing year-end departmental budget transfers of $184,552 and transfers of unspent grant revenues of ($9,337.92) for fiscal year 2007-08 to comply with state financial restrictions.

I. Consideration of a Resolution accepting a gift of $3,000 from the Pacific Grove Concours Auto Rally for deposit into the Mayor’s Youth Fund.

J. Consideration of a Resolution authorizing payment of $7,000 to Peter Raimondi of University of California-Santa Cruz to analyze and interpret biological data, as required by the State Water Resources Control Board.

Consent Item “I” was pulled and continued to the November Council meeting by Council as Jeanne Byrne was not in attendance to present the gift.

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

Monte Miller asked for clarification of details in Consent Item “F”

Mayor McCloud closed the meeting to public comment at 5:38 p.m.

Sean Conroy, Planning and Building Services Manager, clarified details of Consent Item “F.” The item was amended to include “North San Antonio from Ocean to Fourth.”

Council Member ROSE moved adoption of Consent Items A-H and J with amendments to Item “F”, seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of a decision of the Design Review Board approving the proposed plans for the demolition of an existing residence and construction of a new home at Guadalupe 4 NE 5th Avenue. The appellants are Helen and Mark d’Oliveira, the home owners of the property to the south.

Appellants Helen and Mark d’Oliveira addressed Council

Mayor McCloud opened the hearing to public comment at 5:51 p.m.

Carl Iverson, Monte Miller and Casey McKenzie addressed Council.

John Biason, builder and developer of the house at Guadalupe 4NE 5th Avenue, addressed Council.

Linda Anderson, Bill Eggleston and Bob DeStefano, draftsman for John Biason, and Clayton Anderson addressed Council.

Helen d’Oliveira addressed Council.

Mayor McCloud opened the hearing to public comment at 6:12 p.m.

Planning & Building Services Manager Sean Conroy answered Council questions.

Council Member ROSE moved to grant the appeal by removing the deck from the proposed plans, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of an appeal of a decision of the Design Review Board denying an application for the installation of aluminum clad wood windows at ICR Systems, Inc., on the SW corner of 7th Avenue and Casanova Street. The appellant is ICR Systems, Inc. (Robert Lee, owner).

Appellant Robert Lee and James Doyle, contractor for the appellant, addressed Council.

Planning & Building Services Manager Sean Conroy answered Council questions.

Mayor McCloud opened the hearing to public comment at 6:41 p.m.

Monte Miller and Casey McKenzie addressed Council.

Mayor McCloud closed the hearing to public comment at 6:44 p.m.

James Doyle addressed Council.

Council Member ROSE moved to grant the appeal, 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
ABSTAIN: COUNCIL MEMBERS: NONE

Mayor McCloud called a recess at 6:52 p.m. to allow time to set up a presentation.

The meeting was reconvened at 7:00 p.m.

XI.A. Receive report and provide policy direction regarding enhancement to the citywide emergency preparedness plan.

This item was heard out of order. Public Safety Director George Rawson presented the
background of emergency preparedness efforts. Harry Robbins, Emergency Preparedness consultant, outlined the proposed updated plan for Council.

Sharon Crino, Executive Director of the Carmel Chapter of the American Red Cross, addressed Council regarding the organization’s role in emergency efforts.

Mayor McCloud opened and closed the meeting to public comment at 7:35 p.m.

X.A. Consideration of a Resolution authorizing approval to add “Firefighter” to the City’s position classification plan, adopt the job description, and appropriate funds to hire three new firefighters.

Public Service Director George Rawson presented the staff report and answered Council questions.

Mayor McCloud opened the meeting to public comment at 7:42 p.m.

Ian Watts and David Jedinak addressed Council.

Mayor McCloud closed the meeting to public comment at 7:46 p.m.

Council Member ROSE moved approval to add “Firefighter” to the City’s position classification plan, adopt the job description, and appropriate funds to hire three new firefighters, 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

IX. ORDINANCES

A. Second reading of an Ordinance re-authorizing Carmel Municipal Code Chapter 9.16 to allow live music where alcoholic beverages are sold and/or served. Council Member Rose recused himself, citing that one of his clients has a live music permit.

Mayor McCloud opened and closed the hearing to public comment at 7:47 p.m.

Council Member HAZDOVAC moved approval of an Ordinance re-authorizing Carmel Municipal Code Chapter 9.16 to allow live music where alcoholic beverages are sold and/or served, 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: NONE
ABSTAIN: COUNCIL MEMBERS: ROSE

B. Consideration 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 (First reading).

City Clerk Heidi Burch presented the staff report.

Mayor McCloud opened and closed the hearing to public comment at 7:48 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 HAZDOVAC 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 authorizing approval to add “Firefighter” to the city’s position classification plan, adopt the job description, and appropriate funds to hire three new firefighters.

This item was heard out of order.

B. Consideration of a Resolution awarding the bid for the 2008 Street Resurfacing of Scenic Road; the Sunset Cultural Center South Parking lot; Ocean Avenue crosswalks; and Escolle Way to the Don Chapin Company in the amount of $128,033 and authorize a 10% contingency cost of $12,803.

City Administrator Rich Guillen presented the staff report.

Donna Jett asked if this proposal included the full length of Scenic Avenue.

Council Member HAZDOVAC moved approval of a Resolution awarding the bid for the 2008 Street Resurfacing of Scenic Road; the Sunset Cultural Center South Parking lot; Ocean Avenue crosswalks; and Escolle Way to the Don Chapin Company in the amount of $128,033 and authorize a 10% contingency cost of $12,803, seconded by Council Member ROSE 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 enhancement to the citywide emergency preparedness plan

This item was heard out of order and immediately following the break.

B. Ratify appointments to the Planning Commission, Design Review Board, Community Activities & Cultural Commission, Forest and Beach Commission, Harrison Memorial Library Board of Trustees and Historic Resources Board.

Council Member ROSE moved to approve the slate of selected applicants to the respective board and commissions, seconded by Council Member TALMAGE and carried.

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

XI. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:55 p.m.

Respectfully submitted,

___________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR