CITY COUNCIL: AGENDA & MINUTES June 2009

AGENDA
Regular Meeting
Tuesday, June 2, 2009
4:30 p.m., Open Session

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

Broadcast date
Sunday, June 7, 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. Certificate of appreciation to Bill Strid for his longtime service as Chairman of the Planning Commission.

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 3rd Quarter Marketing Update and recommendations for FY 2009-10.

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 special meeting of April 28, 2009.

B. Ratify the minutes for the regular meeting of May 5, 2009.

C. Ratify the minutes for the special meeting of May 7, 2009.

D. Ratify the minutes for the special meeting of May 12, 2009.

E. Ratify the bills paid for the month of May 2009.

F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.

G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

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 deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).

X. Resolutions
A. Consideration of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration.

B. Consideration of a Resolution authorizing the installation of a three-way stop at the intersection of Junipero and 12th Avenue.

XI. Orders of Council
A. Receive report and provide policy direction regarding returning the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue.

B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.

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

XII. Adjournment

The next meetings of the City Council will be:

Special Budget Meeting – 4:30 p.m.
Tuesday, June 9, 2009
Council Chambers

Special Meeting—Flanders Protest Hearing – 4:30 p.m.
Tuesday, June 16, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, July 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
June 2, 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 4:32 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
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
Certificate of appreciation to Bill Strid for his longtime service as Chairman of the Planning Commission.
Mayor McCloud presented the certificate to former Planning Commissioner Strid.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session
City Attorney Don Freeman reported the Council had discussed three issues at its Closed Session on June 1. There were no public announcements.

B. Announcements from City Council members.
Mayor McCloud announced that the City had recently received two international delegations: one from Spain, and the other from Sooke, British Columbia, Canada. She also reported that Standard & Poor’s raised the City’s bond rating to AA-plus.

C. Announcements from City Administrator
1. Receive 3rd Quarter Marketing Update and recommendations for FY 2009-10.
Jeff Burghardt, principal of Burghardt + Dore, presented the report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:03 p.m.

Meredith Crowell spoke about marketing to the Central Valley area.

Roberta Miller read a commendation from the Carmel Residents Association to the Carmel Public Library Foundation.

Mayor McCloud closed the meeting to public comment at 5:05 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of April 28, 2009.

B. Ratify the minutes for the regular meeting of May 5, 2009.

C. Ratify the minutes for the special meeting of May 7, 2009.

D. Ratify the minutes for the special meeting of May 12, 2009.

E. Ratify the bills paid for the month of May 2009.

F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.

G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

Item H was pulled by Council Member Talmage for further discussion later in the meeting.

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

VIII. PUBLIC HEARINGS
A. None.

IX. ORDINANCES
A. Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

Mayor McCloud opened and closed the meeting to public comment at 5:12 p.m.

Council Member ROSE moved adoption of an Ordinance on Second Reading deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services, 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

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).

Council Member Hazdovac asked to pull Item IX-B for further discussion later in the meeting.

X. RESOLUTIONS
A. Consideration of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration.

Planning and Building Services Manager Sean Conroy presented the report.

Mayor McCloud opened the meeting to public comment at 5:24 p.m.

Vicki Lynch asked about how the underground water tanks fit into the Master Plan.

Carol Stratton, a member of the Carmel-by-the-Sea Garden Club, spoke in favor of the Plan and pledged the support of her group.

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

Council Member ROSE moved adoption of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration, 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

B. Consideration of a Resolution authorizing the installation of a three-way stop at the intersection of Junipero and 12th Avenue.

Item X-B was tabled until the July 7, 2009 meeting to allow Council to make a site visit of the area and to notify area residents of the proposed change.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction regarding returning the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue.

City Administrator Rich Guillen presented the staff report.

Council Member Hazdovac recused herself, citing that she is an event participant.

Mayor McCloud opened the meeting to public comment at 6:02 p.m.

Robin Hamlin urged keeping the event on a consistent day each year.

Meredith Crowell supported the relocation to the Sunset Center.

Jeff Greenberg, owner of Lloyd’s Shoes, supported the relocation to the Sunset Center.

Monta Potter, chief executive officer of the Carmel Chamber, said that the majority of businesses she surveyed support the relocation to Sunset Center.

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

Council Member TALMAGE moved the return of the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue, seconded by Council Member SHARP and carried (Hazdovac abstaining).

B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:24 p.m.

Libby Barnes, from US Green Building Council-Monterey Branch, spoke in support of the ordinance.

Carla Ramsay urged keeping the standards flexible and voluntary.

Barbara Livingston spoke about the point system.

Brendan Connolly, a member of the Green Building Committee, spoke about the educational aspects of the program.

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

Council directed staff to accept the recommendations from the Green Building Committee and to move forward with an ordinance for their future consideration.

Item IX-B was moved from earlier in the meeting at the request of Council Member Hazdovac.

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use
responsibilities to the Planning Commission (First reading).

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:37 p.m.

Jonathan Sapp, a Design Review Board member, spoke in opposition.

Keith Patterson, a Design Review Board member, spoke in opposition.

Mayor McCloud closed the meeting to public comment at 6:42 p.m.

Council Member ROSE moved adoption of an Ordinance on First Reading, revising the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission, seconded by Council Member TALMAGE and carried by the following roll call:

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

Item VII-H was pulled by Council Member Talmage for further discussion later in the meeting.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

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

Roberta Miller spoke about the many trucks that are seen in her neighborhood.

Mayor McCloud closed the meeting to public comment at 7:07 p.m.

Council Member ROSE moved adoption of the Consent Agenda Item H, and carried unanimously.

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:12 p.m.

Respectfully submitted,

_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR