CITY COUNCIL: AGENDA & MINUTES October 2009

AGENDA
Regular Meeting
Tuesday, October 6, 2009
4:30 p.m., Open Session

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

Broadcast date
Sunday, October 11, 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. Appreciation of Design Review members.

B. Appreciation of outgoing members of Boards and Commissions.

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. Quarterly marketing update and report on new City map.

2. Receive report on award from the California Urban Forest Council for the Fourth Avenue project.

3. Report by the Public Safety Director on the Monterey County Law Enforcement Data Integration Project.

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 September 1, 2009.

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

C. Consideration of a Resolution authorizing the City Administrator to amend the Consultant Services Agreement with Pacific Municipal Consultants (PMC) to prepare an Initial Study and subsequent environmental documents for the Carmel Sands Lodge redevelopment project in an additional amount of $18,524.

D. Consideration of a Resolution authorizing $342,242 in year-end departmental budget transfers and a transfer of $8,223.80 in unspent grant revenues for fiscal year 2008/09 to comply with state financial restrictions.

E. Consideration of a Resolution approving and authorizing the City cosponsorship of a donor appreciation reception on October 25, 2009 with the Harrison Memorial Library Board of Trustees and the Carmel Public Library Foundation.

F. Consideration of a Resolution authorizing a grant application to the Monterey Peninsula Regional Park District for dune habitat restoration and protection, ADA access improvements, and the installation of interpretive signs in the Del Mar and North Dunes areas of Carmel Beach.

G. Consideration of a Resolution approving the grant application for $132,194 to the Monterey Bay Unified Area Pollution Control District for the Carmel-by-the-Sea trolley service.

H. Consideration of a Resolution in support of California Assembly/Senate Joint Resolution 49, calling on the Federal Government to undertake a comprehensive assessment of the California Gray Whale.

I. Consideration of a Resolution accepting a donation of $1,000 from Sylvia Odenning to assist with curatorial work for the Devendorf-Galante Historical Collection.

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 an appeal of the Planning Commission’s decision to certify an Environmental Impact Report and deny a project for the demolition of an existing building and the construction of a mixed-use development including a two-level underground parking garage, five market-rate condominiums, two low-income housing units, and commercial floor area. The project location is the SE corner of Dolores and 7th (Homescapes Building). The appellant is John Mandurrago.

IX. Ordinances
A. None.

X. Resolutions
A. Consideration of a Resolution to add a Construction Activity Road Impact Fee of 1% of the project valuation of a building permit and designate this fee for road maintenance.

XI. Orders of Council
A. Ratify the appointments of members of Boards and Commissions for 2009-2010.

B. 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, November 3, 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
October 6, 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
Joyce Giuffre, Administrative Services Manager

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS
The appreciation of the Design Review Board and outgoing members of boards and commissions was continued until November.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that Council had met in Closed Session on Monday, October 5, 2009, to discuss five items: three matters of current litigation; one matter of potential litigation; and one labor negotiation issue. There were no announcements for the public.

B. Announcements from City Council members.
Council Member Sharp announced that the Transportation Agency for Monterey County (TAMC) has placed the State Route 1/Carmel Corridor Widening project on the pending list that has yet to be funded. She reported that the summer Carmel Trolley, which ran on weekends from Memorial Day to Labor Day, had a daily average of 123 riders.

Mayor McCloud announced the inaugural Carmel Art and Film Festival will run from October 8-12, 2009 at various venues including Devendorf Park and Sunset Center.

C. Announcements from City Administrator
1. Quarterly marketing update and report on new City map.
Jeff Burghardt, principal of Burghardt-Dore Advertising, presented the report.

2. Receive report on award from the California Urban Forest Council for the Fourth Avenue project.
City Forester Mike Branson presented the report.

3. Report by the Public Safety Director on the Monterey County Law
Enforcement Data Integration Project.
Public Safety Director George Rawson presented the report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 4:57 p.m.

Bob Oliver spoke about his requests to the City for information regarding a traffic warrant.

Jim Emery, speaking as a member of the Carmel Residents Association board of directors, discussed fire service options.

Barbara Livingston addressed the 4th Avenue project.

Mayor McCloud closed the meeting to public comment at 5:04 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of September 1, 2009.

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

C. Consideration of a Resolution authorizing the City Administrator to amend the Consultant Services Agreement with Pacific Municipal Consultants (PMC) to prepare an Initial Study and subsequent environmental documents for the Carmel Sands Lodge redevelopment project in an additional amount of $18,524.

D. Consideration of a Resolution authorizing $342,242 in year-end departmental budget transfers and a transfer of $8,223.80 in unspent grant revenues for fiscal year 2008/09 to comply with state financial restrictions.

E. Consideration of a Resolution approving and authorizing the City cosponsorship of a donor appreciation reception on October 25, 2009 with
the Harrison Memorial Library Board of Trustees and the Carmel Public Library Foundation.

F. Consideration of a Resolution authorizing a grant application to the Monterey Peninsula Regional Park District for dune habitat restoration and protection, ADA access improvements, and the installation of interpretive signs in the Del Mar and North Dunes areas of Carmel Beach.

G. Consideration of a Resolution approving the grant application for $132,194 to the Monterey Bay Unified Area Pollution Control District for the Carmel-by-the-Sea trolley service.

H. Consideration of a Resolution in support of California Assembly/Senate Joint Resolution 49, calling on the Federal Government to undertake a comprehensive assessment of the California Gray Whale.

I. Consideration of a Resolution accepting a donation of $1,000 from Sylvia Odenning to assist with curatorial work for the Devendorf-Galante Historical Collection.
Carolyn Hardy asked that Item D be pulled for further discussion at the end of the meeting.

Council Member ROSE moved adoption of the Consent Agenda Items A-C and E-I, seconded by Council Member SHARP and carried unanimously.

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Planning Commission’s decision to certify an Environmental Impact Report and deny a project for the demolition of an existing building and the construction of a mixed-use development including a two-level underground parking garage, five market-rate condominiums, two low-income housing units, and commercial floor area. The project location is the SE corner of Dolores and 7th (Homescapes Building). The appellant is John Mandurrago.

City Attorney Don Freeman recused himself as he has a conflict of interest as a nearby property owner to the subject of the appeal. He introduced attorney John Giffin, of the law firm of Kennedy, Archer, Harray, to take his place on this item.

Brian Roseth, of Monterey Bay Planning Services, presented the staff report.

John Mandurrago, the appellant, addressed Council.

Attorney Dennis Beougher, representing Mr. Mandurrago, answered questions.

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

Barbara Livingston spoke to the issue.

Brian Congleton said he was available to answer any architectural questions.

Mayor McCloud closed the meeting to public comment at 5:29 p.m.

Council Member ROSE moved to postpone a decision on this appeal and refer the matter back to the Planning Commission for its further findings on new issues raised (in a letter received by Council from the applicant’s counsel, dated October 6, 2009), 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

IX. ORDINANCES
A. None.

X. RESOLUTIONS
A. Consideration of a Resolution to add a Construction Activity Road Impact Fee of 1% of the project valuation of a building permit and designate this fee for road maintenance.

Administrative Services Manager Joyce Giuffre presented the staff report.

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

Barbara Livingston spoke in favor of the Impact Fee.

Michael LePage spoke in favor of the Impact Fee.

Mayor McCloud closed the meeting to public comment at 5:51 p.m.

Council Member ROSE moved approval of a Resolution to add a Construction Activity Road Impact Fee of 0.50% of the project valuation of a building permit and designate this fee for road maintenance, seconded by Council Member HAZDOVAC.

On a substitute motion, Member TALMAGE moved approval of a Resolution to add a Construction Activity Road Impact Fee of 0.75% of the project valuation of a building permit and designate this fee for road maintenance and further directed staff to investigate whether franchise fees and fees assessed to tour buses also could help fund road maintenance, seconded by Council Member SHARP and carried by the following roll call:

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

XI. ORDERS OF COUNCIL
A. Ratify the appointments of members of Boards and Commissions for 2009-2010.
Mayor McCloud presented a list of appointments for positions on City boards and commissions. She noted there are still appointments to be made on the Forest and Beach Commission.

Council Member ROSE moved ratification of the appointments to the Boards and Commissions, seconded by Council Member TALMAGE and carried unanimously.

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

Item VII-D had been pulled from Consent Agenda by Carolyn Hardy for further discussion.

Consideration of a Resolution authorizing $342,242 in year-end departmental budget transfers and a transfer of $8,223.80 in unspent grant revenues for fiscal year 2008/09 to comply with state financial restrictions.

Council Member ROSE moved adoption of the Consent Agenda Item D, seconded by Council Member HAZDOVAC and carried unanimously.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:12 p.m.

Respectfully submitted,

_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:

___________________________
MAYOR SUE McCLOUD