CITY COUNCIL: AGENDA & MINUTES September 2009

AMENDED AGENDA
Regular Meeting
Tuesday, September 1, 2009
4:30 p.m., Open Session

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

Broadcast date
Sunday, September 6, 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 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 from Mark Strobin, NOAA Lead Forecaster, concerning “Weather Ready” designation for Carmel.

2. Receive report on storm water diversion project.

3. Receive report on the consolidation of the Carmel and Monterey-San Benito Red Cross chapters.

4. Receive SCC, Inc’s. Fourth Quarter 2008-09 financial report.

5. Receive City’s Fourth Quarter 2008-09 financial report.

6. Report on lifesaving incident.

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 August 4, 2009.

B. Ratify the minutes for the special meeting of August 13, 2009.

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

D. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc. (WCA) in an amount not to exceed of $36,979.

E. Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.

F. Approval of the City’s application for the Homeless Prevention and Rapid Re-Housing program stimulus grant funding.

G. Consideration of a Resolution accepting a $1,163 donation from Henry Newman to purchase and install an eight-foot bench at the Sunset Center Plaza.

H. Consideration of a Resolution authorizing the Mayor to execute a loan agreement between the City of Carmel-by-the-Sea and the Trustees of the Devendorf-Galante Historical Trust.

I. Consideration of a Resolution expressing appreciation to Bill and Nancy Doolittle for their generous patronage of the arts at the Sunset Community and Cultural Center.

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 a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2010-2011.

B. Consideration of an Encroachment Permit application for the construction of a driveway at the end of Lopez Avenue (SE corner of Lopez & 2nd Avenues). The applicant is Zane Blackmer.

IX. Ordinances
A. None.

X. Resolutions
A. Consideration of a Resolution adopting updates to the Circulation, Public Facilities, Open Space/Conservation, Environmental Safety, and Noise Elements of the General Plan and a Negative Declaration.

B. Consideration of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach.

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:
Regular Council Meeting – 4:30 p.m.
Tuesday, October 6, 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
September 1, 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 4:36 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
Presentation of certificate of appreciation to former Carmel High School Principal Karl Pallastrini.

Mayor McCloud presented Karl Pallastrini with a Certificate of Appreciation.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported there were no announcements from closed
session.

B. Announcements from City Council members.
Mayor McCloud noted the upcoming 25th Annual California Coastal Cleanup Day on
September 19, a recent Oceans Conference she and City Administrator Guillen had
attended, and the Author and Ideas Festival at Sunset Center on September 24-27.

C. Announcements from City Administrator
1. Receive report from Mark Strobin, NOAA Lead Forecaster, concerning the “Weather Ready” designation for Carmel.

Tom Evans, NOAA Warning Coordinating Meteorologist, presented the report and
outlined the training, volunteer opportunities, and preparation steps involved in this program.

2. Receive report on storm water diversion project.

Bob Jaques, consultant to the City, presented the report.

3. Receive report on the consolidation of the Carmel and Monterey-San Benito Red Cross chapters.

Sharon Crino, CEO of the Monterey Bay Area Chapter and Central Coast Regional COO
of the Red Cross, presented the report.

4. Report on lifesaving incident. -- To accommodate the many public safety personnel in the audience, this item was taken out of order.

Chief Rawson acknowledged the Police, Fire and Carmel Regional Fire Ambulance staff involved in a life-saving incident on August 14. The patient, Dr. Robert O’Neill, was in the audience to thank his rescuers.

5. Receive SCC, Inc’s. Fourth Quarter 2008-09 financial report.

Jim Price, Chair of the Board of SCC, Inc., noted three new board members: Ken Bender, Kurt Grasing, and Sally Reed. He also noted Board Member Mara Kerr, who has been a board member for several months, but had not yet been introduced to Council. He and Dave Parker presented the financial report. Board Member Judy Profeta noted the art auction fundraiser on September 12th from 4:30 p.m. to 10:00 p.m. at the Sunset Center.

6. Receive City’s Fourth Quarter 2008-09 financial report.

Joyce Giuffre, Administrative Services Director, presented the financial report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:34 p.m.

Barbara Livingston, President of the Carmel Residents Association, thanked the Police Officers Association for assisting with the City’s financial shortfall by forgoing its scheduled salary increase.

Meredith Crowell, Linens and Such, commented on the Concours on the Avenue.

Richard Dalsemer addressed Council regarding the analysis of fire protection service options.

Carolyn Hardy also addressed Council regarding fire services.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of August 4, 2009.

B. Ratify the minutes for the special meeting of August 13, 2009.

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

D. Consideration of a Resolution authorizing the establishment of a cooperative purchasing agreement with the City of Monterey for a grid pruning project and award of the contract for the project to West Coast Arborists, Inc. (WCA) in an amount not to exceed of $36,979.

E. Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.

F. Approval of the City’s application for the Homeless Prevention and Rapid Re-Housing program stimulus grant funding.

G. Consideration of a Resolution accepting a $1,163 donation from Henry Newman to purchase and install an eight-foot bench at the Sunset Center Plaza.

H. Consideration of a Resolution authorizing the Mayor to execute a loan agreement between the City of Carmel-by-the-Sea and the Trustees of the Devendorf-Galante Historical Trust.

I. Consideration of a Resolution expressing appreciation to Bill and Nancy Doolittle for their generous patronage of the arts at the Sunset Community and Cultural Center.

Council Member Talmage pulled Items E and H for clarification purposes.

Mayor McCloud opened the meeting to public comment at 5:57 p.m.

Barbara Livingston asked a question about the availability of material related to Consent Agenda Item H.

Mayor McCloud closed the meeting to public comment at 5:59 p.m.

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

VIII. PUBLIC HEARINGS
To accommodate the applicant and members of the public, these two items were heard in
reverse order.

B. Consideration of an Encroachment Permit application for the construction of a driveway at the end of Lopez Avenue (SE corner of Lopez & 2nd Avenues). The applicant is Zane Blackmer.

Assistant Planner Marc Wiener presented the staff report and answered questions from Council.

Mayor McCloud opened the meeting to public comment at 6:07 p.m.

Zane Blackmer, applicant, addressed Council.

Jim Heisinger, the attorney representing several of the residents in the vicinity of project, addressed Council.

Blackmer concluded his remarks in the remaining time allotted.

City Attorney Don Freeman clarified the matter upon which to be decided.

Mayor McCloud closed the meeting to public comment at 6:25 p.m.

Council Member TALMAGE moved to continue the item and referred a set of questions and issues for staff and the City Engineer to research, seconded by Council Member ROSE and carried.

A. Consideration of a Resolution authorizing the allocation and expenditure of the California Citizens’ Option for Public Safety (COPS) grant funds for fiscal year 2010-2011.

Police Commander Mike Calhoun presented the staff report.

Council Member ROSE moved adoption of a Resolution authorizing the allocation and expenditure of the California Citizen’s Option for Public Safety (COPS) grant funds for fiscal year 2010-2011, 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

IX. ORDINANCES
A. None.

X. RESOLUTIONS
These two items were heard in reverse order.

B. Consideration of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach. Building and Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:50 p.m.

Anthony Lombardo, attorney representing Carl Berg, spoke in favor of the amendment with one change.

Laurel Ulrich spoke in favor of a higher, more solid fence.

Christy Downing spoke in favor of the path, and recommended looking into undergrounding the utilities along this stretch of road.

Mike Dilkes, a local surfer, spoke about safety issues with the staircase proposed for the north end of the beach.

City Administrator Rich Gillen clarified that the next steps in the process will be holding neighborhood meetings, developing specific plans, and exploring funding
options for the Del Mar Plan.

Mayor McCloud closed the meeting to public comment at 7:02 p.m.

Council Member ROSE moved adoption of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach, 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

A. Consideration of a Resolution adopting updates to the Circulation, Public Facilities, Open Space/Conservation, Environmental Safety, and Noise Elements of the General Plan and a Negative Declaration.

Building and Planning Services Manager Sean Conroy presented the staff report. He
suggested that Council consider each element, one by one.

Mayor McCloud opened and closed the meeting to public comment on the Circulation Element at 7:16 p.m.

Council Member ROSE moved adoption of the updates to Circulation Element of the General Plan, with amendments, seconded by Council Member TALMAGE, and carried unanimously.

Mayor McCloud opened and closed the meeting to public comment on the Public Facilities Element at 7:25 p.m.

Council Member ROSE moved adoption of the updates to the Public Facilities Element of the General Plan, with amendments, seconded by Council Member SHARP, and carried unanimously.

Mayor McCloud opened the meeting to public comment on the Open Space Element at 7:32 p.m.

Barbara Livingston spoke about seating capacity at the Forest Theater.

Mayor McCloud closed the meeting to public comment on the Open Space/Conservation Element at 7:32 p.m.

Council Member ROSE moved adoption of the updates to the Open Space/Conservation Element of the General Plan, with amendments, seconded by Council Member TALMAGE, and carried unanimously.

Mayor McCloud opened and closed the meeting to public comment on the Environmental Safety Element at 7:45 p.m.

Council Member ROSE, moved adoption of the updates to the Environmental Safety Element of the General Plan, with amendments, seconded by Council Member SHARP, and carried unanimously.

Mayor McCloud opened the meeting to public comment on the Noise Element at 7:52 p.m.

Barbara Livingston spoke about gas-powered blowers.

Mayor McCloud closed the meeting to public comment on the Noise Element at 7:52 p.m.

Council Member TALMAGE, moved adoption of the updates to the Noise Element of the General Plan, with amendments, seconded by Council Member ROSE, and carried unanimously.

Council Member SHARP moved adoption of a Negative Declaration, seconded by Council Member TALMAGE and carried unanimously.

XI. ORDERS OF COUNCIL
A. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 7:57 p.m.

Respectfully submitted,

_____________________________
Heidi Burch, City Clerk

ATTEST:
___________________________
MAYOR SUE McCLOUD