CITY COUNCIL: AGENDA & MINUTES February 2010

AGENDA
Regular Meeting
Tuesday, February 2, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, February 7, 2010
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
None.

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)
1. Receive Mayor’s Annual Report.

C. Announcements from City Administrator
1. Receive Quarterly Marketing update from Jeff Burghardt.

2. Receive report on Haitian relief effort from the American Red Cross.

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 on tape.

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 January 5, 2010.

B. Ratify the bills paid for the month of January 2010.

C. Consideration of a Resolution authorizing a contract for professional
services with Aurum Consulting Engineers Monterey Bay, Inc. to design
specifications of a new emergency generator at the Police Department in an amount not to exceed $34,000.

D. Consideration of a Resolution Co-Sponsoring the February 28, 2010 Annual Donor Salute with the Harrison Memorial Library Board of Trustees and the Carmel Public Library Foundation.

E. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the general Carmel High School athletic program.

F. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account for the purchase and repair of athletic equipment for the Carmel Unified Youth Baseball program.

G. Consideration of a Resolution entering into an agreement with Bellinger
Foster Steinmetz to provide landscape architectural services for the
San Antonio Trail Project in an amount not to exceed $10,475.

H. Consideration of a Resolution approving the City’s participation in the California Energy Commission’s State Energy Grants Program.

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 deny a Design Study application for a metal roof on an existing residence located at 2324 Santa Lucia Avenue. The appellant is the Robertson Family Trust.

B. Consideration of a Resolution authorizing the City to join the CaliforniaFIRST Municipal Finance Program to fund energy efficient improvements and alternative energy systems.

IX. Ordinances
A. Second reading of an Ordinance abandoning and discontinuing use of the Flanders Mansion Parcel for park purposes. (Second Reading)

X. Resolutions
A. Consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48%.

B. Consideration of a Resolution authorizing the addition of a third tier to the facility use fee structure for Sunset Theater ticket purchases of $41.00 or greater per individual ticket.

XI. Orders of Council
A. Ratify appointments to the Harrison Memorial Library Board of Trustees and the Planning Commission.

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

XII. Adjournment

The next meetings of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, March 2, 2010
Council Chambers

Special City Council Budget Workshop – 4:30 p.m.
Tuesday, March 23, 2010
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.

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.

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
February 2, 2010

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 4:35 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
Mike Calhoun, Police Commander
Sean Conroy, Planning and Building Services Manager
Marc Wiener, Assistant Planner

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

IV. EXTRAORDINARY BUSINESS
A. Recognition of the three firefighters who recently completed their one-year probation period.
Fire Chief Andrew Miller presented certificates of recognition to firefighters Brian Harrington, David Meurer and Graham Evans.

B. Mayor McCloud noted she had received word that local architect and former Planner Commissioner John Thodos had been named to the College of Fellows of the American Institute of Architects. His widow, Judy, will accept this honor on his behalf in June.

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, February 1, 2010. They discussed one matter of potential litigation and two matters of current litigation. There were no announcements for the public.

B. Announcements from City Council members.
Council Member Rose reported on progress with Carmel Regional Fire District (CRFA).

Council Member Hazdovac mentioned a feature article that ran in several regional newspapers (San Jose Mercury, Contra Costa Times, etc.) highlighting Carmel’s restaurants, inns and shopping.

1. Receive Mayor’s Annual Report
Mayor McCloud presented the annual report for 2009.

C. Announcements from City Administrator
1. Receive Quarterly Marketing update from Jeff Burghardt.
Jeff Burghardt presented the quarterly report and noted several new features for booking rooms and group conferences online, new event listings, an increase in restaurant listings, a Facebook account and a new map feature.

2. Receive report on Haitian relief effort from the American Red Cross.
Sharon Crino, Executive Director of the Monterey Bay Area Chapter of the American Red Cross, presented the report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:29 p.m.

Adam Moniz addressed Council regarding the City’s website and courtyard map.

Barbara Livingston provided the address for donating to the local chapter of the Red Cross. She also noted the Candidates’ Forum on February 17th at Carpenter Hall.

Mark Bayne, Save our Neighborhoods Coalition, addressed Council regarding the Villas de Carmelo project.

Matt Gardner, representative of IAFF (International Association of Firefighters), presented a monthly update on fire department issues.

Carolyn Hardy addressed Council regarding additions to fire department reports.

Mayor McCloud closed the meeting to public comment at 5:40 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of January 5, 2010.

B. Ratify the bills paid for the month of January 2010.

C. Consideration of a Resolution authorizing a contract for professional services with Aurum Consulting Engineers Monterey Bay, Inc. to design specifications of a new emergency generator at the Police Department in an amount not to exceed $34,000.

D. Consideration of a Resolution Co-Sponsoring the February 28, 2010 Annual Donor Salute with the Harrison Memorial Library Board of Trustees and the Carmel Public Library Foundation.

E. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account to support the general Carmel High School athletic program.

F. Consideration of a Resolution authorizing the expenditure of $1,000 from the Council’s Discretionary Account for the purchase and repair of athletic equipment for the Carmel Unified Youth Baseball program.

G. Consideration of a Resolution entering into an agreement with Bellinger Foster Steinmetz to provide landscape architectural services for the San Antonio Trail Project in an amount not to exceed $10,475.

H. Consideration of a Resolution approving the City’s participation in the California Energy Commission’s State Energy Grants Program.

City Administrator Guillen requested the postponement of Item “F”.

A correction to Item “G” was noted. The amount of the agreement should be $16,975.

Council Member Hazdovac asked for clarification of Items “F” and “H”.

Council Member HAZDOVAC moved to approve Consent Agenda Items A-E and G-H, seconded by Council Member TALMAGE 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 deny a Design Study application for a metal roof on an existing residence located at 2824 Santa Lucia Avenue. The appellant is the Robertson Family Trust.

Assistant Planner Mark Wiener, presented the staff report.

Dana Annereau, architect for the project, addressed Council.

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

Monte Miller and Roberta Miller addressed Council regarding alternate roofing materials.

Mayor McCloud closed the meeting to public comment at 6:05 p.m.

Council Member ROSE moved to deny the appeal and send the matter back to the Planning Commission to review the color/material of the metal roof and the environmental impacts of those different materials, seconded by Council Member TALMAGE 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

B. Consideration of a Resolution authorizing the City to join the CaliforniaFIRST Municipal Finance Program to fund energy efficient improvements and alternative energy systems.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:27 p.m.

Jason Burnett commended the Mayor for taking a leadership role in garnering support from other area mayors for these alternative energy improvements.

Mayor McCloud closed the meeting to public comment at 6:29 p.m.

Council Member ROSE moved to approve the Resolution authorizing the City to join the CaliforniaFIRST Municipal Finance Program to fund energy efficient improvements and alternative energy systems, seconded by Council Member TALMAGE 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

IX. ORDINANCES
A. Consideration of an Ordinance abandoning and discontinuing use of the Flanders Mansion Parcel for park purposes. (Second Reading)

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

Council Member ROSE moved to adopt the ordinance abandoning and discontinuing use of the Flanders Mansion Parcel for park purposes, 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

X. RESOLUTIONS
A. Consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48%.

Council unanimously approved continuing this item.

B. Consideration of a Resolution authorizing the addition of a third tier to the facility use fee structure for Sunset Theater ticket purchases of $41.00 or greater per individual ticket.

City Administrator Guillen presented the staff report. He noted that, prior to the meeting, Center management requested that the start date for the proposed new fee be changed to take effect on August 1, 2010.

Mayor McCloud opened the meeting to public comment at 6:32 p.m.

Jim Price, Chair of the Board of Directors of SCC, Inc., addressed Council.

Mayor McCloud closed the meeting to public comment at 6:34 p.m.

Council Member ROSE moved to approve the Resolution authorizing the addition of a third tier to the facility use fee structure for the Sunset Center ticket purchases of $41.00 or greater per individual ticket to take effect on August 1, 2010, seconded by Council Member TALMAGE 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

XI. ORDERS OF COUNCIL
A. Ratify appointments to the Harrison Memorial Library Board of Trustees and the Planning Commission.
Mayor McCloud presented the appointments.

Mayor McCloud opened and closed the meeting to public comment at 6:36 p.m.

Council Member HAZDOVAC moved to approve the appointments of Michael Lynch to the Harrison Memorial Library Board of Trustees and Keith Paterson to the Planning Commission, seconded by Council Member SHARP and carried unanimously.

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 6:38 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD