CITY COUNCIL: Agenda & Minutes March 2009

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

Broadcast date
Sunday, March 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

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. City’s Achievement of Tree City USA status for 2008.

C. Announcements from City Administrator
1. Presentation on AMBAG Energy Watch program.

2. Demonstration of the Fire Department’s new Auto-Pulse Noninvasive Cardiac Support Pump.

3. Presentation from Transportation Agency for Monterey County on the Regional Taxi Study Project.

4. Update on the City’s stormwater program.

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 February 3, 2009.

B. Ratify the minutes for the special meeting of February 4, 2009.

C. Ratify the bills paid for the month of February 2009.

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

E. Consideration of a Resolution entering into a lease purchase agreement with California First National Bank to finance the $436,968 purchase of a Saber PUC fire engine.

F. Consideration of a Resolution authorizing a grant application to the Monterey Peninsula Foundation Youth Fund seeking supplemental funding for City-sponsored community events.

G. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing services in an amount not to exceed $27,500 in fiscal year 2008/09.

H. Consideration of a Resolution adopting revisions to City Council Policy C95-07 related to the installation of banners on public property.

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. None.

IX. Ordinances
A. Second reading 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.

B. Second reading of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains.

C. Second reading 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.

D. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board (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. Receive report and provide policy direction on the proposal to transform MST from a Joint Powers Agency to the Monterey-Salinas Transit District.

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

XII. Adjournment

The next meeting of the City Council will be:
Budget Workshop – 4:30 p.m.
Thursday, April 2, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, April 7, 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.

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
March 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 4:35 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
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.

Staff pulled Items VII.E. and G. and X.A. for consideration at a later date.

IV. EXTRAORDINARY BUSINESS
None

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL MEMBERS AND THE CITY ADMINISTRATOR.
A. Announcements from Closed Session.
No announcements from Closed Session.

B. Announcements from City Council Members.
Council Member Sharp noted the “Step Up 2 Green” program at www.stepup2green.org and the “Fix a Leak Week,” March 16-20.

Mayor McCloud noted the Arbor Day Foundation’s designation of the City as a “Tree
City USA” for the fifth year. The Carmel High School Mock Trial team is the
Monterey County champion and will participate in the statewide competition. The Carmel High School boys’ basketball players were named to the Winter Sports
Athlete Scholar team of the Central Coast Section of the California Interscholastic
Federation, the governing body for high school athletics.

C. Announcements from City Administrator.
Presentation on AMBAG Energy Watch program
Elizabeth Russell of AMBAG presented the update on the Energy Watch Program and noted the solar program “Berkeley First.”

Demonstration of the Fire Department’s new Auto-Pulse Noninvasive Cardiac Support Pump Fire Captain Mitch Kastros provided background information on the pump, while
Firefighters Meurer and Evans conducted the demonstration.

Presentation from Transportation Agency for Monterey County on the Regional Taxi Study Project
Debbie Hale, Executive Director of the Transportation Agency for Monterey County, presented the report on the Regional Taxi Study Project.

Update on the City’s Stormwater Program
City Administrator Guillen presented the update on the City’s storm water diversion
efforts and the awarding of a $2.5 million grant to the City by the State Water
Resources Control Board.

VI. APPEARANCES
Mayor McCloud opened the appearances section to public comment at 5:06 p.m.

John Flores of the Census Bureau addressed Council regarding “Census 2010”.

Roberta Miller of the Carmel Residents Association addressed Council about a lecture hosted by the group on sustainable architecture. The free lecture will be on March 26at Vista Lobos.

Jim Emery, Treasurer of the Carmel Residents Association, presented the organization’s Budget Recommendations to the City.

Denise Swift, representing Denny LeVett, addressed Council regarding economic development efforts.

Monta Potter, CEO of the Carmel Chamber of Commerce, noted the Chamber’s Economic Advisory Committee.

Mayor McCloud noted the opportunity for retailers, restaurants and other Carmel-by-the-Sea businesses to put free listings on the City’s travel website.

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

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of February 3, 2009.

B. Ratify the minutes for the special meeting of February 4, 2009.

C. Ratify the bills paid for the month of February 2009.

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

E. Consideration of a Resolution entering into a lease purchase agreement with
California First National Bank to finance the $436,968 purchase of a Saber PUC fire
engine.

F. Consideration of a Resolution authorizing a grant application to the Monterey
Peninsula Foundation Youth Fund seeking supplemental funding for City-sponsored
community events.

G. Consideration of a Resolution entering into an agreement with Burghardt + Doré
Advertising, Inc. for Destination Marketing services in an amount not to exceed
$27,500 in fiscal year 2008/09.

H. Consideration of a Resolution adopting revisions to City Council Policy C95-07
related to the installation of banners on public property.

Items E and G. were pulled for consideration on a future agenda.

Mayor McCloud opened and closed public comment at 5:19 p.m.

Council Member ROSE moved adoption of the Consent Items A.-D., F. and H. of the Consent Agenda with the addition of wording on Item H. , seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS
None.

XI.A. Receive report and provide policy direction on the proposal to transform MST from a Joint Powers Agency to the Monterey-Salinas Transit District.
This item was heard out of order to accommodate the schedule of the presenter.
Hunter Harvath, Assistant General Manager of Monterey Salinas Transit (MST),
presented the report.

Mayor McCloud opened public comment at 5:25 p.m.

Barbara Livingston addressed Council.

Mayor McCloud closed public comment at 5:25 p.m.

Council Member ROSE moved the proposal be supported through a letter sent by Mayor to MST, seconded by Council Member HAZDOVAC and carried.

IX. ORDINANCES
A. Second reading 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.

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

Council Member TALMAGE moved adoption 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, 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

B. Second reading of an Ordinance amending Carmel Municipal Code Section 8.72 related to Community Floodplains.

Mayor McCloud opened and closed the meeting to public comment at 5:27 p.m.

Council Member ROSE moved adoption of an Ordinance 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

C. Second reading 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.

Mayor McCloud opened and closed the meeting to public comment at 5:28 p.m.

Council Member HAZDOVAC moved 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 ROSE 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 to revise the Municipal Code and Zoning
Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board
(First Reading).
City Administrator Guillen provided the history of the topic and answered Council questions. Sean Conroy said passage of this ordinance would amend the Local Coastal Plan and California Coastal Commission approval would also be necessary.

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

Monte Miller, Design Review Board members Michael LePage, Keith Paterson and Michael Lynch, Barbara Livingston, president of the Carmel Residents Association, and Steve Dallas addressed Council.

Mayor McCloud closed the meeting to public comment at 5:47 p.m.

Council opted to postpone the item pending additional information.

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%.
This item was continued at the request of Waste Management, Inc.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on the proposal to transform MST from a Joint Powers Agency to the Monterey-Salinas Transit District.
This item was heard out of order, immediately following the Consent Agenda.

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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:00 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR