CITY COUNCIL: AGENDA & MINUTES August 2009

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

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

Broadcast date
Sunday, August 9, 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 award to the City from Dog Fancy Magazine.

B. Introduction of Building Inspector consultant Michael Rachel.

C. Introduction of new Harrison Memorial Library Board member Nancy Collins.

D. Presentation of certificate of appreciation to former Carmel Unified School Superintendent Karl Pallastrini.

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 report on truck impact fee.

2. Receive report on State budget impacts on the City of Carmel-by-the-Sea.

3. Receive report from Public Safety Director on coyotes.

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 July 7, 2009.

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

C. Consideration of a Resolution authorizing the closure of Mission Street between Ocean and Sixth Avenues from 7:00 am on October 10, 2009, through 6:00 pm on October 11, 2009 to display and sell handicrafts and other merchandise at events connected with the Carmel Art and Film Festival.

D. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $128,750 in fiscal year 2009/10.

E. Consideration of a Resolution authorizing the use of one of the City’s free use days at Sunset Center on January 14, 2010 for an educational/ conservation performance sponsored by the Carmel-by-the-Sea Garden Club.

F. Consideration of a Resolution authorizing the City Administrator to execute a Cal-Card service agreement with U.S. Bank and approve revisions to City Policy A2006-01 to implement the Cal-Card program.

G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association.

H. Consideration of a Resolution approving the installation of a threeway stop sign at the intersection of Junipero and 12th Avenues.

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 amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City (Second Reading).

X. Resolutions
A. Consideration of a Resolution adopting Green Building Checklists and Point Requirements for Residential and Nonresidential projects pursuant to Section 15.54.030 of the Green Building Ordinance.

XI. Orders of Council
A. Review report and provide direction on modifications to the City’s Volumetric Standards, as established in CMC Section 17.10.030.

B. Ratify Temporary Appointment to the Planning Commission.

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, September 1, 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
August 4, 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.

IV. EXTRAORDINARY BUSINESS
City Administrator Guillen noted that the item pertaining to the Del Mar Master Plan
would be heard in September and that Item XI.A. (Volumetrics) would be continued.
a. Presentation of award to the City from Dog Fancy Magazine.
Susan Chaney, Editor of Dog Fancy Magazine, presented an award to the City for
being “America’s Best Small Town for Dogs”.
Sherrie McCullough, President of the Monterey County SPCA Board, accepted a
donation from Dog Fancy Magazine.
b. Introduction of Building Inspector consultant Michael Rachel.
Sean Conroy, Planning and Building Services Manager, introduced Michael Rachel.
c. Introduction of new Harrison Memorial Library Board member Nancy Collins.
Mayor McCloud introduced Nancy Collins.

d. Presentation of certificate of appreciation to former Carmel Unified School
Superintendent Karl Pallastrini.
Karl Pallastrini was not in attendance, so the presentation of the certificate was
continued.

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 two matters of existing
litigation and had provided direction regarding labor negotiations with two of the City’s bargaining units. Freeman said there were no public announcements.

B. Announcements from City Council members.
Council Member Sharp noted the ridership data for the trolley.

C. Announcements from City Administrator
1. Receive report on truck impact fee.
City Administrator Guillen said the traffic engineer who did the original study sold his business and a new engineer has been retained. He said a meeting with area contractors to discuss the findings will be held soon and a report for Council will be forthcoming.

2. Receive report on State budget impacts on the City of Carmel-by-the-Sea.
City Administrator Guillen presented the report and options for making up the
funds being taken by the State.

3. Receive report from Public Safety Director on coyotes.
Officer Cindi Mitchell presented the report. Coyotes have been sighted in residential locations areas around the Forest Theater and Mission Trails Park.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:08 p.m.
Walt DeFaria, President of the Board of Directors of the Forest Theater Foundation,
addressed Council about the Forest Theater renovation.
Skip Lloyd reported seeing coyotes near Mission Trails Park and addressed Council
regarding the Flanders litigation.

Jim Price, Chair of the Sunset Center Board of Directors, reported the success of the
Bach Festival and announced several upcoming events at Sunset Center: an art auction on September 12; the Authors and Ideas Festival on September 25-27, and the Art and Film Festival on October 9-11.

Carolyn Hardy and Don Newmark, Carmel Residents Association, addressed Council
regarding the potential Fire Department merger.

Richard Dalsemer addressed Council about the 39 questions on the health and safety
budgeting submitted by Greg D’Ambrosio.

Kathy Fredrickson addressed Council on fire protection.

Mayor McCloud closed the meeting to public comment at 5:22 p.m.

Mayor McCloud reminded the Council and the public of two upcoming car events:
the Concours on the Avenue on August 11 and the Concours d’Elegance on August 13.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of July 7, 2009.
B. Ratify the bills paid for the month of July 2009.
C. Consideration of a Resolution authorizing the closure of Mission Street between
Ocean and Sixth Avenues from 7:00 am on October 10, 2009, through 6:00 pm on
October 11, 2009 to display and sell handicrafts and other merchandise at events
connected with the Carmel Art and Film Festival.
D. Consideration of a Resolution entering into an agreement with Burghardt + Doré
Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750 in fiscal year 2009/10.
E. Consideration of a Resolution authorizing the use of one of the City’s free use days at Sunset Center on January 14, 2010 for an educational/ conservation performance sponsored by the Carmel-by-the-Sea Garden Club.
F. Consideration of a Resolution authorizing the City Administrator to execute a Cal-
Card service agreement with U.S. Bank and approve revisions to City Policy
A2006-01 to implement the Cal-Card program.
G. Consideration of a Resolution ratifying a Memorandum of Understanding between
the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers
Association.
H. Consideration of a Resolution approving the installation of a three-way stop sign at
the intersection of Junipero and 12th Avenues.
Mayor McCloud opened the meeting to public comment at 5:26 p.m.
14
Barbara Livingston asked for clarification of Item VII.C. The Council pulled the item
for discussion at the end of the meeting.
Mayor McCloud closed the meeting to public comment at 5:27 p.m.
Council Member ROSE moved adoption of the Consent Agenda Items A and B and
D-H, seconded by Council Member SHARP and carried unanimously.
VIII. PUBLIC HEARINGS
A. None.
IX. ORDINANCES
A. Consideration of an Ordinance amending Carmel Municipal Code Chapter 15,
establishing Green Building Standards for new construction in the City (Second
Reading).
Mayor McCloud opened the meeting to public comment at 5:27 p.m.
Kevin Stone, Monterey County Association of Realtors, addressed Council.
Mayor McCloud closed the meeting to public comment at 5:29 p.m.
Council Member ROSE moved adoption of an Ordinance on Second Reading
amending Carmel Municipal Code Chapter 15, establishing Green Building
Standards for new construction in the City, 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 Green Building Checklists and Point
Requirements for Residential and Nonresidential projects pursuant to Section
15.54.030 of the Green Building Ordinance.
Sean Conroy, Planning Services Manager, presented the staff report.
Mayor McCloud opened the meeting to public comment at 5:34 p.m.
Kevin Stone, Monterey County Association of Realtors, addressed Council.
Mayor McCloud closed the meeting to public comment at 5:37 p.m.
15
16
Council Member Rose asked a question of Green Building committee member Brendan
Connolly.
Council Member ROSE moved adoption of a Resolution adopting Green Building
Checklists and Point Requirements for Residential and Nonresidential projects
pursuant to Section 15.54.030 of the Green Building Ordinance, 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. Review report and provide direction on modifications to the City’s Volumetric
Standards, as established in CMC Section 17.10.030.
This item was continued.
B. Ratify Temporary Appointment to the Planning Commission.
Mayor McCloud and Mayor Pro Tem Sharp proposed John Thodos for temporary
appointment to the Planning Commission.
Mayor McCloud opened and closed the meeting to public comment at 5:49 p.m.
Council Member TALMAGE moved approval of the temporary appointment of John
Thodos to the Planning Commission, 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
C. Scheduling Future City Council meetings – Please Bring Your Calendar
Item VII.C. - Consideration of a Resolution authorizing the closure of Mission Street between
Ocean and Sixth Avenues from 7:00 am on October 10, 2009, through 6:00 pm on
October 11, 2009 to display and sell handicrafts and other merchandise at events
connected with the Carmel Art and Film Festival.
Mayor McCloud opened the meeting to public comment at 5:52 pm
Barbara Livingston addressed Council.
Mayor McCloud closed the meeting to public comment at 5:54 p.m.
Council Member TALMAGE moved adoption of Consent Agenda Item C, seconded by
Council Member SHARP and carried unanimously.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 5:55 p.m.

Respectfully submitted,
_____________________________
Heidi Burch, City Clerk
ATTEST:
____________________________
SUE McCLOUD, MAYOR