CITY COUNCIL: Agenda & Minutes September 2008

AGENDA
Regular Meeting
Tuesday, September 9, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, September 14, 2008
8:00 a.m., KMST Channel 26

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 Fourth Quarter SCC, Inc. Financial Report

2. Receive the City’s Fourth Quarter Financial Report

3. Receive Quarterly Marketing Update from Jeff Burghardt

4. Receive a Progress Report on the Removal of Charcoal from Carmel Beach

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 August 5, 2008.

B. Ratify the minutes for the special meeting of August 19, 2008.

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

D. Consideration of a Resolution reclassifying the job description for Police Commander.

E. Consideration of a Resolution to authorize co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Thursday, October 30, 2008 and authorize City funds in an amount not to exceed $1,250.

F. Consideration of a Resolution amending the franchise agreement with USA Waste of California (Carmel Marina Corporation) to modify the sidewalk cleaning contractor reimbursement provisions.

G. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Pacific Municipal Consultants (PMC) to prepare and Initial Study and subsequent environmental documents for the Carmel Sands Lodge redevelopment Project.

H. Consideration of a Resolution authorizing Architectural Resources Group (ARG) for site evaluation and construction costs estimates on the Flanders Project in an amount not to exceed $11,500.

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 a Resolution authorizing the allocation and expenditure of the California’s Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2008-2009.

B. Consideration of an appeal of a decision by the Forest and Beach Commission approving the removal of a 30-inch diameter black acacia at a property at 2922 Santa Lucia Avenue. The appellant is Sue McCloud, property owner of the home next door, on the east side.

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 adopting the revised Historic Context Statement and a Negative Declaration. This project is an amendment to Appendix E of the Local Coastal Program.

B. Consideration of a Resolution entering into an agreement with Carver + Schicketanz to prepare plans and bid documents for the proposed new permanent restrooms at Santa Lucia and Scenic Road in an amount not to exceed $55,759

C. Consideration of a Resolution entering into an agreement with Jeff Burghardt as the Economic Revitalization Manager in an amount not to exceed $60,000.

XI. Orders of Council

A. Receive a report on the operation of an MST Trolley within the City limits and provide policy direction.

B. Provide policy direction regarding the responsibilities of the Planning Commission and Design Review Board.

C. Receive report and provide policy direction regarding the hiring of three new firefighters.

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

XII. Adjournment

Public Workshop on Green Building Standards
Wednesday, September 10 – 6:00 p.m.
Council Chambers

The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, October 7, 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 yo 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
September 9, 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 4:35 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
Andrew Miller, Fire Chief
Joyce Giuffre, Administrative Services 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.

IV. EXTRAORDINARY BUSINESS

None

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 an event scheduled for November 7 to mark the 40th anniversary of the Association of Monterey Bay Area Governments (AMBAG) and the retirement of its longtime executive director, Nick Papadakis.

Mayor McCloud noted several upcoming events: the Green Building Standards Workshop on Wednesday, September 10; The Sand Castle Contest on Sunday, September 14; California Coastal Clean-Up Day on Saturday, September 20, and the “Carmel Authors and Ideas” event at the Sunset Center, which will run from September 26-28. She also noted that City’s recycling rate has risen to 66%, according to the most recent figures from second quarter 2008.

C. Announcements from City Administrator.

Receive Fourth Quarter SCC, Inc. Financial Report

Jim Price, Chairman of the Board of Trustees of SCC, Inc. discussed the upcoming season and new subscription options. Dave Parker, Treasurer of the SCC Board of Trustees, reviewed the fourth quarter financial statements.

Receive the City’s Fourth Quarter Financial Report

Joyce Giuffre, Administrative Services Director, presented the fourth quarter financial report.

Receive Quarterly Marketing Update from Jeff Burghardt

This report was continued to the October Council meeting.

Receive a Progress Report on the Removal of Charcoal from Carmel Beach City Administrator Guillen presented the progress report.

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 5:02 p.m.

Carl Iverson addressed Council regarding the “Stand Up For Cancer” event and thanked the public for its support.

Monta Potter, CEO Carmel Chamber of Commerce, addressed Council regarding a Chamber survey about “Car Week.”

Skip Lloyd addressed Council regarding the clean up of the beach.

John Hagstrom, Alex Heid, editor of Guest Life Monterey Bay and Carmel Magazine, Jill Sheffield, President and CEO of the Carmel Foundation, Meredith Crowell, Linens and Such, Thompson Lange, Homescapes of Carmel, and Red Haute owner Todd Tice addressed Council regarding the Car Week events.

Mayor McCloud closed the appearances section to public comment at 5:26 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of August 5, 2008.

B. Ratify the minutes for the special meeting of August 19, 2008.

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

D. Consideration of a Resolution reclassifying the job description for Police Commander.

E. Consideration of a Resolution to authorize co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Thursday, October 30, 2008 and authorize City funds in an amount not to exceed $1,250.

F. Consideration of a Resolution amending the franchise agreement with USA Waste of California (Carmel-Marina Corporation) to modify the sidewalk cleaning contractor reimbursement provisions.

G. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Pacific Municipal Consultants (PMC) to prepare and Initial Study and subsequent environmental documents for the Carmel Sands Lodge redevelopment Project.

H. Consideration of a Resolution authorizing Architectural Resources Group (ARG) for site evaluation and construction costs estimates on the Flanders Project in an amount not to exceed $11,500.

Mayor McCloud noted a correction on item “E”. The hours should read “2:00-4:30 p.m.”

Mayor McCloud opened and closed the meeting to public comment at 5:26 p.m.

Council Member ROSE moved adoption of Consent Items A-H., seconded by Council Member HAZDOVAC and carried unanimously.

The Council moved up Item X.A. to accommodate the schedule of the consultant from Architectural Resources Group (ARG).

X.A. Consideration of a Resolution adopting the revised Historic Context Statement and a Negative Declaration. This project is an amendment to Appendix E of the Local Coastal Program.

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

Mayor McCloud opened and closed the meeting to public comment at 5:32 p.m.

Bruce Judd, Principal of ARG, answered Council questions.

Council Member ROSE moved approval of a Resolution adopting the revised Historic Context Statement and a Negative Declaration, with a number of amendments cited for incorporation into the final document. This project is an amendment to Appendix “E” of the Local Coastal Program, 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

VIII. PUBLIC HEARINGS

A. Consideration of a Resolution authorizing the allocation and expenditure of the California’s Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2008-2009.

Public Safety Director George Rawson, presented the staff report.

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

Council Member ROSE moved approval of a Resolution authorizing the allocation and expenditure of the California’s Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2008-2009, 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

B. Consideration of an appeal of a decision by the Forest and Beach Commission approving the removal of a 30-inch diameter black acacia at a property at 2922 Santa Lucia Avenue. The appellant is Sue McCloud, property owner of the home next door, on the east side.

Mayor McCloud recused herself from the proceedings citing a conflict of interest,
being the appellant. Mayor Pro Tem Hazdovac chaired the proceedings.

City Attorney Don Freeman made some introductory remarks, highlighting the appeal process in this particular case, emphasizing that all possible steps were taken to ensure a fair and impartial hearing for all parties concerned.

City Forester Mike Branson presented the staff report and answered Council questions.

Clayton Berling read a statement on behalf of the appellant. Included in this statement were six conditions that he said would be acceptable to the appellant, should Council vote to deny the appeal. These included: complete stump grinding of the removed tree; proper irrigation for the new trees; full repair of any damage to
the fence; substitution of bamboo or planting of two (not one) 24-inch box olive
trees to replace the acacia; 24-hour notification before tree removal; and the work to remove the acacia tree done is a timely manner.

Mayor Pro Tem Hazdovac opened the hearing to public comment at 6:25 p.m.

Stephen Beals, attorney for Susan Page, addressed Council.

Mayor Pro Tem Hazdovac closed the hearing to public comment at 6:27 p.m.

Stephen Beals agreed to accept the six conditions proposed by the appellant.

City Forester Mike Branson answered Council questions.

Clayton Berling requested pruning of the acacia tree be considered.

Council Member ROSE moved to overturn a decision by the Forest and Beach Commission approving the removal of a 30-inch diameter black acacia at a property at 2922 Santa Lucia Avenue on the condition that it be pruned. The appellant is Sue McCloud, property owner of the home next door, on the east side. The motion failed for lack of a second.

A motion was made by Council Member TALMAGE to deny the appeal, but to institute the six conditions requested by the appellant (noted above) and have the parties work with City Forester to find two mutually acceptable 24-inch replacement trees (or proceed with planting two 24-inch fruitless olive trees if no agreement can be reached), seconded by Council Member SHARP and carried by the following roll call:

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

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).

Council waived reading of the ordinance in its entirety.

Mayor McCloud opened and closed the hearing to public comment at 6:46 p.m.

Council Member ROSE moved approval of an Ordinance of the City of Carmelby- the-Sea amending the Local Coastal Program and Municipal Code Sections 17.14 and 17.64 (Commercial District Regulations and Required Findings, 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

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).

Council Member Rose recused himself form the discussion, citing a conflict of interest in that one of his clients was on the list of those receiving a live music permit.

Sean Conroy, Planning and Building Services Manager, presented the staff report and noted the changes from the first reading.

Mayor McCloud opened the meeting to public comment at 6:50 p.m.

John Havalas addressed Council.

Mayor McCloud closed the meeting to public comment at 6:52 p.m.

City Attorney Don Freeman clarified the process for revoking permits.

Council Member TALMAGE moved approval of the first reading 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, ROSE, SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

X. RESOLUTIONS

A. Consideration of a Resolution adopting the revised Historic Context Statement and a Negative Declaration. This project is an amendment to Appendix E of the Local Coastal Program.

This item was heard out of order and immediately after the “Consent Calendar.”

B. Consideration of a Resolution entering into an agreement with Carver + Schicketanz to prepare plans and bid documents for the proposed new permanent restrooms at Santa Lucia and Scenic Road in an amount not to exceed $55,759.

City Administrator, Rich Guillen, presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:05 p.m.

Barbara Livingston addressed Council.

Mayor McCloud closed the meeting to public comment at 7:06 p.m.

Council Member ROSE moved approval of a Resolution entering into an agreement with Carver + Schicketanz to prepare plans and bid documents for Phase One of the proposed new permanent restrooms at Santa Lucia and Scenic Road in an amount not to exceed $18,664, 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

C. Consideration of a Resolution entering into an agreement with Jeff Burghardt as the Economic Revitalization Manager in an amount not to exceed $60,000. City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:12 p.m.

Monte Miller addressed Council.

Mayor McCloud closed the meeting to public comment at 7:13 p.m.

Council Member TALMAGE moved approval of a Resolution entering into an agreement with Jeff Burghardt as the Economic Revitalization Manager in an amount not to exceed $60,000, seconded by Council Member ROSE and carried by the following roll call:

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

XI. ORDERS OF COUNCIL

A. Receive a report on the operation of an MST Trolley within the City limits and provide policy direction.

City Administrator Guillen presented the staff report.

Hunter Harvath, MST’s
Director of Finance and Administration, answered Council questions.

Mayor McCloud opened the hearing to public comment at 7:32 p.m.

Barbara Livingston, Carl Iverson, Carrie Theis, President of Innkeepers Association and owner of Hofsas House, and Monta Potter, CEO of the Carmel Chamber of Commerce, addressed Council.

Mayor McCloud closed the hearing to public comment at 7:37 p.m.

Hunter Harvath answered Council questions.

Council directed Council Members Sharp and Hazdovac to work with Chief Rawson and Hunter Harvath to establish a trial period from July 4th to Labor Day in 2009, to review the route map, and to investigate adding a stop at the Carmel Mission. Further, they asked that audio advertising be eliminated in favor of written handouts and Website advertising.

Item XI.C. was heard out of order to accommodate the schedules of the firefighters in attendance.

XI.C. Receive report and provide policy direction regarding the hiring of three new firefighters.

Public Safety Director George Rawson and Fire Chief Andrew Miller presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:59 p.m.

Roberta Miller, Monte Miller, Augie Beacham, President of the IAFF, and Barbara Livingston addressed Council.

Mayor McCloud closed the meeting to public comment at 8:08 p.m.

Council directed staff to explore the hiring of the three firefighters, without eliminating CRFA or damaging the identity of the Carmel Fire Department.

B. Provide policy direction regarding the responsibilities of the Planning Commission and Design Review Board.

Mayor McCloud opened the meeting to public comment at 8:32 p.m.

Barbara Livingston and Carl Iverson addressed Council.

Mayor McCloud closed the meeting to public comment at 8:37 p.m.

Council directed staff to put a proposal together to return demolitions to the Planning Commission.

C. Receive report and provide policy direction regarding the hiring of three new firefighters.

This item was heard out of order, immediately following Item XI.A.

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

XII. ADJOURNMENT TO CLOSED SESSION

Mayor McCloud declared the meeting adjourned at 8:42 p.m.

Respectfully submitted,

___________________________
Heidi Burch, City Clerk

ATTEST:
____________________________
SUE McCLOUD, MAYOR