CITY COUNCIL: AGENDA & MINUTES November 2009

City Council Members
Sue McCloud, Mayor
Paula Hazdovac
Gerard Rose
Karen Sharp
Ken Talmage

CITY OF CARMEL-BY-THE-SEA
City Council Agenda -- AMENDED
Regular Meeting
Tuesday, November 3, 2009
4:30 p.m., Open Session

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

Broadcast date
Sunday, November 8, 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. Presentation from Friends of Harrison Memorial Library.

2. Receive SCC’s first quarter 2009/10 financial report.

3. Receive City’s first quarter 2009/10 financial report.

4. View 5-minute educational DVD on recycling used electronics.

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 October 6, 2009.

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

C. Consideration of an amendment to Council Resolution 2009-39 adopting
the Del Mar Master Plan as requested by the California Coastal Commission.

D. Consideration of an amendment to Council Resolution 2009-64 adopting updates to the Circulation, Public Facilities, Open Space/Conservation, Environmental Safety and Noise Elements of the General Plan.

E. Consideration of a Resolution authorizing a contract with Haro, Kasunich and Associates for geotechnical investigation on a road stabilization project on 2nd Avenue between Lopez Avenue and North Casanova Street in an amount not to exceed $11,980.

F. Consideration of a Resolution authorizing the use of one of the City’s free use days at the Sunset Center for the Carmel Art and Film Festival in
October 2009.

G. Consideration of a Resolution awarding recycling grants totaling $33,215.18 to three nonprofit organizations.

H. Consideration of a Resolution approving the form of and authorizing the
execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller’s Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith.

I. Consideration of a Resolution to approve participation in the “Avoid the 18” DUI-enforcement program and accept State grant funds for fiscal years 2009-2012.

J. Consideration of a Resolution approving a transfer of $32,000 from the General Operating Reserve to the General Fund for trolley service expenditures in fiscal year 2009/10 until grant funds are received.

K. Consideration of a Resolution to accept the receipt of an $85,000 grant from the Monterey Bay Unified Air Pollution Control District for the Carmel-by-the Sea trolley service and authorize the City Administrator to sign the Grant Acceptance Agreement.

L. Consideration of a Resolution authorizing the payment of salary and
benefit difference to city employees who have been activated into military
service from the National Guard or from the inactive military reserves.

M. Consideration of a Resolution adopting the Best Management Practices Guidance Series for the management of storm water runoff as City Council Policy 09-1.

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. Consideration of an Ordinance amending Green Building Ordinance 2009-8 to move the mandatory compliance date from January 1, 2010 to August 1, 2010. (First reading)

X. Resolutions
A. Consideration of a Resolution authorizing the installation of a three-way stop sign at Dolores Street and 5th Avenue.

B. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with the City of Pacific Grove to provide part-time
traffic enforcement services.

C. Consideration of a Resolution calling the April 13, 2010 General Municipal Election for the purpose of filling two seats on the City Council and the Mayor’s seat and authorize the City to request the Monterey County Elections Department to release voter records.

D. Consideration of a Resolution authorizing the City Administrator to enter into a contract with Martin & Chapman, Co. to provide election services for the April 13, 2010 General Municipal Election in an amount not to exceed $23,000.

XI. Orders of Council
A. Ratify the appointments of members of the Forest and Beach Commission.

B. Receive report and provide policy direction on the need to replace the
Police Department emergency generator.

C. Consideration of recommendations from the Planning Commission regarding the adoption of green building incentives as part of the City's
Green Building Program.

D. Consideration of modifications to the City’s Volumetric Standards, as
established in CMC Section 17.10.030.

E. Receive report and provide policy direction on proposed extension of the holiday season for placement of lights.

F. 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, December 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
November 3,2009

I. CALL TO ORDER
The regular meeting of the City Council of the City of Camel-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. ROLLCALL
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
Joyce Giuffre, Administrative Services Manager

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

IV. EXTRAORDINARY BUSINESS
Mayor McCloud asked for a moment of silence in honor of former City Forester Hugh Smith, and John Kerby Miller.

a. Appreciation of Design Review members.
Mayor McCloud noted the efforts of the members of the Design Review Board: Michael Lynch; Michael LePage and Jonathan Sapp. Mary Bell and Keith Paterson were not in attendance. It was noted that Keith and his wife were injured by a motorist while crossing Ocean Avenue and were convalescing at home.

b. Appreciation of outgoing members of Boards and Commissions.
Kathleen Coss of the Forest and Beach Commission was in attendance; Julie Wendt and Nancy John were not.

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, with all members present on Monday, November 2,2009. They discussed three matters of current litigation. A labor negotiation issue was on the agenda, but was not discussed in closed session. There were no announcements for the public.

B. Announcements from City Council members.
Mayor McCloud noted the Veterans Day celebration to be held on November 1lth in Devendorf Park at 11 a.m. John Tomkinson from the American Legion presented a check for $500 to the City for the purchase of chairs for the military events (such as Veterans Day) held at the Park.

Mayor McCloud said the results for the November 3rd election would be available on the Monterey County Elections website.

Council Member Sharp announced TAMC's decision to pursue light rail throughout the Peninsula. The system will ultimately connect to San Francisco and Los Angeles.

Mayor McCloud and Don Freeman updated Council on the Cease and Desist Order imposed upon Cal-Am Water last month.

Council Member Hazdovac thanked everyone for their participation and support of the 93rd Halloween Birthday Parade and Lunch at Sunset Center.

Mayor McCloud announced that an ad hoc Centennial Committee for Forest Theater is being formed.

C. Announcements from City Administrator
City Administrator Guillen announced that Items XI-C and XI-D on this agenda would be continued.

1. Presentation from Friends of Harrison Memorial Library.
Judy Cunningham, President of the Friends of Harrison Memorial Library, and Barry Kohler presented an overview of the 2009 Book Sale and noted that the 2010 Book Sale will be held in the Murphy Center at Junipero Serra School on August 19-21,2010.

2. Receive SCC's first quarter 2009110 financial report.
Dave Parker and Peter Lesnik presented the report and noted the upcoming events at the Sunset Center: Pilobolus, John Cleese, War, the Wedding Singer and Keb Mo.

3. Receive City's first quarter 2009110 financial report.
Joyce Giuffre, Administrative Services Director, presented the report.

4. View 5-minute educational DVD on recycling used electronics.
The DVD, produced by e-Recycling of California, was viewed.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:22 p.m.

Roy Thomas addressed Council regarding fire services.

Michael LePage addressed the Council regarding litigation.

Bob Jenkins discussed the City's disaster preparedness.

Barbara Livingston also discussed the City's emergency preparedness

Mayor McCloud closed the meeting to public comment at 5:31 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of October 6,2009.

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

C. Consideration of an amendment to Council Resolution 2009-39 adopting the Del Mar Master Plan as requested by the California Coastal Commission.

D. Consideration of an amendment to Council Resolution 2009-64 adopting updates to the Circulation, Public Facilities, Open SpaceIConservation, Environmental Safety and Noise Elements of the General Plan.

E. Consideration of a Resolution authorizing a contract with Haro, Kasunich and Associates for geotechnical investigation on a road stabilization project on 2nd Avenue between Lopez Avenue and North Casanova Street in an amount not to exceed $1 1,980.

F. Consideration of a Resolution authorizing the use of one of the City's free use days at the Sunset Center for the Camel Art and Film Festival in October 2009.

G. Consideration of a Resolution awarding recycling grants totaling $33,215.18 to three nonprofit organizations.

H. Consideration of a Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith.

I. Consideration of a Resolution to approve participation in the "Avoid the 18" DUIenforcement program and accept State grant funds for fiscal years 2009-2012.

J. Consideration of a Resolution approving a transfer of $32,000 from the General Operating Reserve to the General Fund for trolley service expenditures in fiscal year 200911 0 until grant funds are received.

K. Consideration of a Resolution to accept the receipt of an $85,000 grant from the Monterey Bay Unified Air Pollution Control District for the Camel-by-the Sea trolley service and authorize the City Administrator to sign the Grant Acceptance Agreement.

L. Consideration of a Resolution authorizing the payment of salary and benefit difference to city employees who have been activated into military service from the National Guard or from the inactive military reserves.

M. Consideration of a Resolution adopting the Best Management Practices Guidance Series for the management of storm water runoff as City Council Policy 09-1.

Council Member Rose requested separate votes on Items C and L.

Council Member Talmage pulled Item H for clarification.

Item VII-L: Consideration of a Resolution authorizing the payment of salary and benefit difference to ciw employees who have been activated into military service from the National Guard or from the inactive military reserves.

Mayor McCloud opened the meeting to public comment at 5:35 p.m.

Monte Miller, Michael Bloom, Carolyn Hardy, Colin McDonald, Don Newmark on
behalf of the Carrnel Residents Association, Clayton Anderson, Mike Brown, Michael LePage, and Linda Anderson addressed Council.

City Attorney Don Freeman noted that the date in the resolution should be changed to October 1, which was done.

Council Member ROSE moved to adopt a Resolution authorizing the payment of salary and benefit difference to citv emplovees who have National Guard or from the inactive military reserves, 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

Mayor McCloud asked for a brief recess. Council adjourned at 554 p.m. and reconvened at 6:05 p.m.

Council Member ROSE moved to hold a separate vote on Item C, seconded by Council Member TALMAGE.

Item VII-C: Consideration of an amendment to Council Resolution 2009-39 adopting the Del Mar Master Plan as requested by the California Coastal Commission.

Mayor McCloud opened the meeting to public comment at 6:06 p.m.

Greg D'Ambrosio discussed the timing of the sand replenishment at the beach.

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

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

Council Member Talmage clarified Item H.

Mayor McCloud opened and closed the meeting to public comment at 6:10 p.m.

Council Member TALMAGE moved to approve Consent Agenda Items A, B, D-K and M, seconded by Council Member ROSE and carried by the following roll call vote:

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

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 comer 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 Rick Harray, 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.

Council Member Rose noted the letter from Dennis Beougher, attorney for the appellant, and his offer that his client will redesign the project, if necessary.

Attorney Dennis Beougher, representing Mr. Mandurrago, addressed Council.

John Mandurrago addressed Council.

Mayor McCloud opened the meeting to public comment at 6:21 p.m.

Barbara Livingston spoke to the issue.

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

Council Member ROSE moved to uphold the findings of the Planning Commission and deny the appeal, 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. Consideration of an Ordinance amending Green Building Ordinance 2009-8 to move the mandatory compliance date from January 1,201 0 to August 1, 2010. (First reading)

Sean Conroy, Planning and Building Services Manager presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 6:26 p.m.

Council Member ROSE moved, upon first reading, to adopt the ordinance to amend the mandatory starting date of Green Building Ordinance 2009-8 from January 1,20 10 to August 1,2010, 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

X. RESOLUTIONS
A. Consideration of a Resolution authorizing the installation of a three way stop sign at Dolores Street and 5th Avenue.

Council members Rose and Hazdovac recused themselves as they live within 500 feet of the proiect.

Commander Mike Calhoun presented the staff report.

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

Council Member TALMAGE moved approval of a Resolution authorizing the installation of a three-way stop sim at Dolores Street and 5th Avenue, seconded by Council Member SHARP and carried by the following roll call:

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

B. Consideration of a Resolution authorizing the City Administrator to enter into an egreement with the City of Pacific Grove to provide part-time traffic enforcement services.

Chief George Rawson presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:41 p.m.

Erl Lagerholm requested clarification of services to be provided.

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

Council Member ROSE moved approval of a Resolution authorizing the Citv Administrator to enter into a contract with the Citv of Pacific Grove to provide part-time traffic enforcement services, 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

C. Consideration of a Resolution calling the April 13,2010 General Municipal Election for the purpose of filling two seats on the City Council and the Mayor's seat and authorize the City to request the Monterey County Elections Department to release voter records.

Mayor McCloud opened and closed the meeting to public comment at 6:43 p.m.

Council Member TALMAGE moved approval of a Resolution calling the April 13, 2010 Genera1 Municipal Election for the purpose af filling two seats on the Citv Council and the Mayor's scat and authorize the Ciw to request the Monterey County Elections Department to release voter records, seconded by Council Member ROSE 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

D. Consideration of a Resolution authorizing the City Administrator to enter into a contract with Martin & Chapman, Co. to provide election services for the April 13,2010 General Municipal Election in an amount not to exceed $23,000.

Mayor McCloud opened and closed the meeting to public comment at 6:48 p.m.

Council Member ROSE moved approval of a Resolution authorizing the City
Administrator to enter into a contract with Martin & Chapman. Co. to provide election services for the April 13,2010 Gcneral Municipal Election in an amount not to exceed $23.000, 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. Ratify the appointments of members of Boards and Commissions for 2009-2010.

Mayor McCloud presented a list of appointments for positions on the Forest and Beach Commission.

Mayor McCloud opened and closed the meeting to public comment at 650 p.m.

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

B. Receive report and provide policy direction on the need to replace the Police Department emergency generator.

Public Safety Director George Rawson presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 657 p.m.

Council directed staff to move forward with replacing the emergency generator.

C . Consideration of recommendations from the Planning Commission regarding the adoption of green building incentives as part of the City's Green Building Program.

D. Consideration of modifications to the City's Volumetric Standards, as established in CMC Section 17.10.030.

Items XI-C and XI-D were continued.

E. Receive report and provide policy direction on proposed extension of the holiday season for placement of lights.

City Administrator Guillen presented the staff report.

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

Erl Lagerholm, Carrie Theis, and Monta Potter, CEO of the Camel Chamber of
Commerce, spoke to the issue.

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

Council directed staff to permit installation of holiday lights in the downtown area starting the third Wednesday of November, ending on the Tuesday following the Presidents' holiday weekend in February.

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

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