CITY COUNCIL: Agenda & Minutes April 7, 2009

AGENDA
Regular Meeting
Tuesday, April 7, 2009
4:30 p.m., Open Session

Live video streaming available at:
www.ci.carmel.ca.us

Broadcast date
Sunday, April 12, 2009
8:00 a.m., KMST Channel 26

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. Presentation of a plaque to the City from the Carmel Chapter of the American Red Cross in appreciation of the City’s assistance in the 2008 Basin Complex (Big Sur) Fire.

B. Recognition of Officer Jeff Watkins as “2008 Police Officer of the Year”.

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. Presentation by AMBAG on the Monterey Bay Region’s Blueprint 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 March 3, 2009.

B. Ratify the minutes for the special meeting of March 25, 2009.

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

D. Consideration of a Resolution of the City Council of the City of Carmel-by-the-Sea authorizing the City Administrator to amend a Consultant Services Agreement with Monterey Bay Planning Services for an additional $20,000 for project assistance to the Department of Community Planning and Building.

E. Consideration of a Resolution approving the use of the Sunset Center Theater, lobby and patio by The Carmel Foundation in September 2009 for its annual meeting.

F. Consideration of a Resolution authorizing the City Administrator to execute a staffing agreement with Protrades Connection effective April 1, 2009, for temporary services in an amount not to exceed $7,500 per fiscal year.

G. Consideration of a Resolution approving a fiscal year 2008/09 budget adjustment transferring $33,516 from the Capital Project Reserve to the General Fund for three storm drain improvements.

H. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing services in an amount not to exceed $31,000 in fiscal year 2008/09.

I. Consideration of a Resolution entering into a lease purchase agreement with Rabobank to finance the $435,982 purchase of a Saber PUC fire engine.

J. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Carol Butler, effective January 1, 2009, to review City records and identify records eligible for destruction in an amount not to exceed $7,500.

K. Consideration of a Resolution authorizing the City Administrator to execute a contract in the amount of $23,554.59 with Dave’s Repair Service for the mandated EVR Phase II modifications of the Public Works fueling system.

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. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to merge the Design Review Board and the Planning Commission.

X. Resolutions
A. Consideration of a Resolution to provide future funding for costs related to the Monterey County Next Generation (NGEN) radio project in the amount of $483,402.

XI. Orders of Council
A. Receive report and provide policy direction regarding changes to the City’s investment portfolio.

B. Receive report on the Forest Theater renovation project.

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, May 5, 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
April 7, 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 4:31 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
Molly Laughlin, Deputy City Clerk
Joyce Giuffre, Administrative Services Director
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.

IV. EXTRAORDINARY BUSINESS
A. Presentation of a plaque to the City from the Carmel Chapter of the American Red
Cross in appreciation of the City’s assistance in the 2008 Basin Complex (Big Sur)
Fire.
Sharon Crino, executive director of the Carmel Chapter of the American Red Cross,
presented the City with a plaque of appreciation.

B. Recognition of Officer Jeff Watkins as “2008 Police Officer of the Year”.
Public Safety Director George Rawson presented a certificate to Officer Watkins in
recognition of his outstanding service.

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 praised the Carmel Fire Department for its quick response
in battling a recent structure fire at 6th Avenue near Lincoln Avenue.

Council Member Rose announced that Public Safety Director George Rawson will
be the City’s alternate delegate to the Carmel Regional Fire Ambulance board and
thanked former Fire Chief Andrew Miller for serving as an alternate for the past
few years. He also noted that City employee John Hanson will be deployed to
Afghanistan with his National Guard unit later this summer.

C. Announcements from City Administrator.
Presentation by AMBAG on the Monterey Bay Region’s Blueprint Program.
Katie Axt, AMBAG Associate Planner, made the presentation.

VI. APPEARANCES
Mayor McCloud opened the appearances section to public comment at 4:47 p.m.

Skip Lloyd spoke about the Flanders economic feasibility study and draft environmental impact reports.

Mary Ellen Thomas, a Carmel Residents Association board member, spoke in favor
of hiring a consultant to analyze the City’s fire protection needs.

Susan Page spoke about fire protection, staffing at the Library, and a tree permit
issue.

Kathy Fredrickson, a Carmel Residents Association board member, addressed public
review on the Flanders economic feasibility analysis and draft environmental reports.
Mayor McCloud closed the appearances section to public comment at 4:59 p.m.

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

B. Ratify the minutes for the special meeting of March 25, 2009.

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

D. Consideration of a Resolution of the City Council of the City of Carmel by-the-Sea a authorizing the City Administrator to amend a Consultant Services Agreement with Monterey Bay Planning Services for an additional $20,000 for project assistance to the Department of Community Planning and Building.

E. Consideration of a Resolution approving the use of the Sunset Center Theater, lobby and patio by The Carmel Foundation in September 2009 for its annual meeting.

F. Consideration of a Resolution authorizing the City Administrator to execute a
staffing agreement with Protrades Connection effective April 1, 2009, for
temporary services in an amount not to exceed $7,500 per fiscal year.

G. Consideration of a Resolution approving a fiscal year 2008/09 budget adjustment
transferring $33,516 from the Capital Project Reserve to the General Fund for three
storm drain improvements.

H. Consideration of a Resolution entering into an agreement with Burghardt + Doré
Advertising, Inc. for Destination Marketing services in an amount not to exceed
$31,000 in fiscal year 2008/09.

I. Consideration of a Resolution entering into a lease purchase agreement with
Rabobank to finance the $435,982 purchase of a Saber PUC fire engine.

J. Consideration of a Resolution authorizing the City Administrator to execute a
Consultant Services Agreement with Carol Butler, effective January 1, 2009, to
review City records and identify records eligible for destruction in an amount not to
exceed $7,500.

K. Consideration of a Resolution authorizing the City Administrator to execute a
contract in the amount of $23,554.59 with Dave’s Repair Service for the mandated
EVR Phase II modifications of the Public Works fueling system.

Audience member Skip Lloyd pulled Consent Item B for further discussion at the end of
the agenda.
Council Member ROSE moved adoption of the Consent Agenda Items A and C-K, seconded by Council Member HAZDOVAC and carried unanimously.

XI.-A Receive report and provide policy direction regarding changes to the City’s investment portfolio.
This item was moved up to accommodate the schedule of the consultants.

Administrative Services Director Joyce Giuffre presented the staff report.

Doug Robinson, a consultant to the City, presented his investment recommendations.

Mayor McCloud opened and closed the meeting to public comment at 5:25 p.m.

City Council will have an opportunity to review the investment policy during the fiscal budget review. It was agreed to maintain the current policy; however, Council requested that any significant changes in investment strategies (more than $1 million) receive prior Council approval, rather than being handled administratively.

VIII. PUBLIC HEARINGS
None.

IX. ORDINANCES
A. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to merge the Planning and the
Planning Commission and Design Review Board (First reading).

City Administrator Rich Guillen presented the staff report. Planning and Building
Services Manager Sean Conroy answered some questions from Council.

Mayor McCloud opened the meeting to public comment at 5:48 p.m.

Keith Paterson, Jonathan Sapp, and Michael LePage, all members of the Design Review Board, spoke in opposition to the merger.

Monte Miller spoke in opposition to the merger.

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

Council Member TALMAGE moved tabling consideration of the Ordinance to a later date, pending review of the applicant pool for the boards and commissions in the fall, seconded by Council Member HAZDOVAC 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

X. RESOLUTIONS
A. Consideration of a Resolution to provide future funding for costs related to the
Monterey County Next Generation (NGEN) radio project in the amount of $483,402.
Public Safety Director George Rawson presented the staff report.

Nick Chiulos, Director of Intergovernmental and Legislative Affairs for Monterey
County, answered questions from the Council.

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

Monte Miller spoke about the importance of a system that provides rapid, widespread
communication among public safety agencies.

Mayor McCloud closed the meeting to public comment at 6:15 p.m.

Council Member ROSE moved adoption of a Resolution to provide future funding for costs related to the Monterey County Next Generation (NGEN) radio project in the amount of $483,402, 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

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction regarding changes to the City’s
investment portfolio.
This item was moved to an earlier part of the agenda.

B. Receive report on the Forest Theater renovation project.
City Administrator Rich Guillen presented the staff report, reviewing the updated
schematic design of project architect Richard McCann.

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

Skip Lloyd addressed the need for public participation in the schematic design
process.

Barbara Livingston, president of the Carmel Residents Association, said her
group’s budget recommendations to the City stressed health and safety issues above
other concerns.

Carolyn Hardy praised many of the improvements to the latest architectural
rendition, but expressed concern about seating capacity and lighting issues at the
Theater.

Mayor McCloud closed the meeting to public comment at 6:30 p.m.

Item VII-B. Ratify the minutes for the special meeting of March 25, 2009.
This item was pulled at the request of audience member Skip Lloyd for further
discussion. City Attorney Don Freeman directed staff to review the tape recording of the March 25, 2009 meeting and transcribe into the official minutes what was said regarding a subsequent meeting to review the Flanders economic analysis report.

Council Member TALMAGE moved approval of Consent Item B, as amended, 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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:40 p.m.

Respectfully submitted,


_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR