CITY COUNCIL: Agenda & Minutes February 2009

AGENDA
Regular Meeting
Tuesday, February 3, 2009
4:30 p.m., Open Session

Broadcast date
Sunday, February 8, 2009
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

A. Introduction of new Administrative Coordinator Becky Reisdorf.

B. Swearing-in of three new Firefighters: Graham Evans; Brian Harrington; and David Meurer.

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)

1. Receive Mayor’s Annual Report

C. Announcements from City Administrator

1. Receive SCC, Inc.’s FY 2007-2008 2nd Quarter Financial Report

2. Receive Quarterly Marketing Update from Jeff Burghardt

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. 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.

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 January 6, 2009.

B. Ratify the bills paid for the month of January 2009.

C. Consideration of a Resolution amending the Department of Community Planning and Building fee schedule to include a new building permit surcharge, as required by California Senate Bill No. 1473.

D. Consideration of a Resolution adopting revisions to the Land Use element of the General Plan related to affordable housing. (The proposed revisions are required by the California Coastal Commission)

E. Consideration of a Resolution in support of the Water for Monterey County project.

G. Consideration of a Resolution approving a 2005 Kawasaki all-terrain vehicle as a surplus vehicle and authorizing its sale.

H. Consideration of a Resolution authorizing the expenditure of $834.00 from the Council’s Discretionary Account for the use of Sunset Cultural Center meeting rooms by the film crew of “Carmel: the Movie”.

I. Consideration of a Resolution approving two of the City’s free use days at
the Sunset Center Theater on February 13-14, 2009 for film production of “Carmel: the Movie”.

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

K. Approve amendments to Council policies as considered at the October 28, 2008, Council retreat.

L. Consideration of a Resolution authorizing the City Administrator to execute an hourly, at-will employment agreement for the Community Event Planning Coordinator position with Robert Clovis in an amount not to exceed $20,000 per fiscal year.

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 Design Review Board’s decision to approve Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located on the east side of North Camino Real between 2nd & 4th Avenues. The appellants are Ron and Marian Wormser and Carol Bergere.

IX. Ordinances

A. Second reading of an Ordinance amending the Local Coastal Program to rezone the Trevvett Court project located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District.

B. Consideration of an Ordinance adopting revisions to the Land Use element of the General Plan and chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing. (First reading)

C. Consideration of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains. (First reading)

D. Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179. (First reading)

X. Resolutions

A. Consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48%.

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:
Special Council Meeting – 4:30 p.m.
Wednesday, February 4, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, March 3, 2009
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.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 3, 2009

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 4:34 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 and 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 for Jean Mitchell and Clayton Neill.

IV. EXTRAORDINARY BUSINESS
A. Introduction of new Administrative Coordinator Becky Reisdorf.
Administrative Services Director Joyce Giuffre introduced Becky Reisdorf.

B. Swearing-in of three new Firefighters: Graham Evans; Brian Harrington; and David Meurer
The City Clerk swore in the three firefighters. Public Safety Director George Rawson
introduced firefighters Evans, Harrington and Meurer.

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 noted the efforts of the Carmel Regional Fire Authority and its two-minute response time.

Council Member Sharp noted a public hearing, sponsored by the Transportation Agency for Monterey County (TAMC), on the 101- San Juan Road interchange project at 4:30 p.m. on February 5th at Aromas School Gymnasium. Additionally, she discussed the free Carmel Trolley. She is heading a group to prepare the route through the City and an informational brochure that will be provided to trolley riders.

Mayor McCloud noted a newspaper article in the travel section of the New York Times featuring Carmel-by-the-Sea. She also noted that the Sunset Cultural Center received commendations from Monterey County Business Council.

1. Receive Mayor’s Annual Report
The Mayor outlined progress on achieving Council objectives and the five priority goals for FY 2008/2009. The Annual Report is available at City Hall, downloaded from the City’s website www.ci.carmel.ca.us and for online viewing also on the City’s website.

C. Announcements from City Administrator.
Receive SCC, Inc.’s FY 2008-2009 2nd Quarter Financial Report
David Parker, treasurer of the SCC, Inc. Board of Directors, presented the financial report.

Receive Quarterly Marketing Update from Jeff Burghardt
Jeff Burghardt presented the marketing update and noted the recent online and print advertising efforts.

City Administrator Guillen noted that with the passing of City Engineer Clayton Neill, interim engineering services will be provided by Sherman Lo, also of Neill Engineers.

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

Astrid Coleman, President and CEO of the Monterey Peninsula Chamber of Commerce, presented Mayor McCloud with the 2008 Ruth Vreeland Memorial Public Official of the Year award. The award will be presented at a dinner on Saturday, March 21st at the Hyatt Monterey.

Meredith Crowell, Linens and Such, addressed Council about the closure of city streets for Car Week in August.

Greg D’Ambrosio thanked Council and staff for their hard work on the 4th Avenue project.

Michael Adamson addressed Council regarding commercial rents in the City.

Skip Lloyd addressed Council about the Forest Theater renovation.

Mayor McCloud closed the appearances section to public comment at 5:25 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of January 6, 2009.

B. Ratify the bills paid for the month of January 2009.

C. Consideration of a Resolution amending the Department of Community Planning and Building fee schedule to include a new building permit surcharge, as required by California Senate Bill No. 1473.

D. Consideration of a Resolution adopting revisions to the Land Use element of the General Plan related to affordable housing. (The proposed revisions are required by the California Coastal Commission)

E. Consideration of a Resolution in support of the Water for Monterey County project.

G. Consideration of a Resolution approving a 2005 Kawasaki all-terrain vehicle as a surplus vehicle and authorizing its sale.

H. Consideration of a Resolution authorizing the expenditure of $834.00 from the Council’s Discretionary Account for the use of Sunset Cultural Center meeting rooms by the film crew of “Carmel: the Movie”.

I. Consideration of a Resolution approving two of the City’s free use days at the Sunset Center Theater on February 13-14, 2009 for film production of “Carmel: the Movie”.

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

K. Approve amendments to Council policies as considered at the October 28, 2008, Council retreat.

L. Consideration of a Resolution authorizing the City Administrator to execute an hourly, at-will employment agreement for the Community Event Planning Coordinator position with Robert Clovis in an amount not to exceed $20,000 per fiscal year.

Item G. was pulled for consideration on a future agenda.

Council Member ROSE moved adoption of the Consent Items A.-E. and H.-L. of the Consent Agenda (no item F. – items incorrectly lettered) , seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Design Review Board’s decision to approve Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located on the east side of North Camino Real between 2nd & 4th Avenues. The appellants are Ron and Marian Wormser and Carol Bergere.

Mayor McCloud clarified the issues of the appeal.

In the interest of full disclosure, Council Member Sharp noted personal contacts with two of the appellants. She noted her acquaintances with the appellants would not influence her decision.

Assistant Mark Weiner presented the staff report.

Brian Finnegan, Counsel for appellant Carol Bergere, addressed Council.

Appellants Marian and Ron Wormser addressed Council.

Applicants Kevin D’Angelo and Jeff Baron and their Counsel, John Bridges, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:58 p.m.

Terry Latasa, architect for the Wormsers, William Callahan, Lori Stewart, Jeremy and Christy Quatacker and Steve Dallas addressed Council.

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

Brian Finnegan, Counsel for appellant Carol Bergere, addressed Council.

Ron Wormser, appellant, offered final comments.

Assistant Planner Mark Weiner answered questions.

Council Member ROSE moved to deny the appeal and uphold the decision of the Design Review Board to approve Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located on the east side of North Camino Real between 2nd & 4th Avenues. The appellants are Ron and Marian Wormser and Carol Bergere, seconded by Council Member TALMAGE 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

The Council took a 15-minute break at 6:25 p.m. and reconvened at 6:40 p.m.

IX. ORDINANCES
A. Second reading of an Ordinance amending the Local Coastal Program to rezone the Trevvett Court project located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District.

Council Members Rose and Hazdovac recused themselves, citing the proximity of their residences to the project.

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

Council Member TALMAGE moved adoption of an Ordinance amending the Local Coastal Program to rezone the Trevett Court project located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of an Ordinance adopting revisions to the Land Use element of the General Plan and chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing. (First reading)

Mayor McCloud opened the meeting to public comment at 6:43 p.m.

Jim Wright addressed Council.

Mayor McCloud closed the meeting to public comment at 6:48 p.m.

Council Member TALMAGE moved adoption of an Ordinance on first reading adopting revisions to the Land Use element of the General Plan and chapters 17.12.230, 17.14.14D and 17.64.220 of the zoning ordinance related to affordable housing, seconded by Council Member SHARP and carried by the following roll call:

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

C. Consideration of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains. (First reading)

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

Mayor McCloud opened the meeting to public comment at 6:54 p.m.

Greg D’Ambrosio addressed Council.

Mayor McCloud closed the meeting to public comment at 6:56 p.m.

Council Member ROSE moved adoption of an Ordinance on first reading amending Carmel Municipal Code Section 8.72 related to Community Floodplains, 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

D. Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179. (First reading)

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

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

Greg D’Ambrosio addressed Council.

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

Council Member ROSE moved adoption of an Ordinance on first reading amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179, 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 approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48%.

City Administrator Guillen presented the report.

Mayor McCloud opened the meeting to public comment at 7:11 p.m.

Greg D’Ambrosio, Board member of the Carmel Residents Association, addressed Council. (Statement read into record)

Mayor McCloud closed the meeting to public comment at 7:11 p.m.

Council Member ROSE moved to continue the item, 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

XI. ORDERS OF COUNCIL

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:18 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR

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.