CITY COUNCIL: AGENDA & MINUTES March 2010

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

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

Broadcast date
Sunday, March 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
A. Presentation of certificate of appreciation to outgoing Planning Commission chairman Alan Hewer.

B. Presentation of certificate from NOAA of City’s National Weather Service “StormReady” emergency preparedness designation.

C. Recognition of safety personnel involved in the Carmel Beach coastal incident over Presidents’ Weekend.

D. Presentation of certificate of appreciation to Carmel resident Nick Trudeau for rescuing a surfer at Carmel Beach.

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 the election process.

2. Receive SCC, Inc.’s FY 2009-2010 2nd Quarter Financial Report.

3. Receive update on Telephone Emergency Notification System (TENS).

4. Receive update on NGEN (Next Generation) Radio project.

5. Receive update on Census 2010.

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 February 2, 2010.

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

C. Consideration of a Resolution authorizing an amendment to the Consultant Services Agreement with RBF Consulting to prepare an update to the City’s Housing Element in an additional amount of $12,000 for a total of $62,000.

D. Consideration of a Resolution of support for the Local Taxpayers, Public Safety and Transportation Protection Act ballot measure for November 2010.

E. Consideration of a Resolution authorizing Bellinger Foster Steinmetz to develop a conceptual landscaping master plan for Ocean Avenue from the City limit to Junipero Avenue in an amount not to exceed $7,500.

F. Consideration of a Resolution urging the Governor and the State Legislature to approve CalPERS pension reform in 2010.

G. Consideration of a Resolution approving the exemption of building permit fees for disabled veterans making alterations for disabled access at their private residences.

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 an application to install aluminum clad windows at a proposed residence to be located at Carmelo Street 2 NW of Ocean Avenue. The appellant is Julie Mak.

B. Consideration of an appeal of the Planning Commission’s decision to deny an application to install aluminum clad windows at a proposed residence to be located at Camino Real 2 SW of Ocean Avenue. The appellant is Claudio Ortiz Design Group, on behalf of owner Scott Negri.

IX. Ordinances
A. Consideration of an Ordinance amending the Zoning Ordinance/Local Coastal Implementation Plan banning medical marijuana dispensaries in the City of Carmel-by-the-Sea (First 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 adopting revisions to the fiscal year 2009-10 General Fund Budget.

XI. Orders of Council
A. Scheduling Future City Council meetings – Please Bring Your Calendar

XII. Adjournment

The next meetings of the City Council will be:
Special City Council Budget Workshop – 4:30 p.m.
Tuesday, March 23, 2010
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, April 6, 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
March 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. Presentation of certificate of appreciation to outgoing Planning
Commission chairman Alan Hewer.
Mayor McCloud presented the certificate of appreciation.

B. Presentation of certificate from NOAA of City’s National Weather
Service “StormReady” emergency preparedness designation.
Tom Evans, Weather Coordination Meteorologist from NOAA’s National
Weather Service Monterey office, presented the certificate to the City.

C. Recognition of safety personnel involved in the Carmel Beach coastal
incident over Presidents’ Weekend.
Public Safety Director George Rawson commended the safety personnel
involved in this holiday weekend incident at Carmel Beach.

D. Presentation of certificate of appreciation to Carmel resident Nick
Trudeau for rescuing a surfer at Carmel Beach.
This presentation was continued until the April meeting.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City Attorney Don Freeman reported that Council met in Closed Session on
Monday, March 1, 2010. They discussed three matter of existing litigation. There were no announcements for the public.

B. Announcements from City Council members.
Mayor McCloud announced that a second candidates’ forum will be held at
Sunset Center on March 9 and will be rebroadcast on KMST on March 14.

C. Announcements from City Administrator
1. Receive report on the election process.
Assistant City Administrator Heidi Burch introduced Scott Martin, president and owner of Martin and Chapman, Inc., who is the consultant to the City for the April 13th Municipal Election. Martin gave a presentation on his company and the overall elections process.

Mayor McCloud opened the meeting to public comment.

Richard Flower, Carolyn Hardy and Skip Lloyd addressed Council.

2. Receive SCC, Inc.’s FY 2009-2010 2nd Quarter Financial Report.
Dave Parker, treasurer of the Sunset Cultural Center board of trustees, and Jim Price, board chairman, presented the report.

3. Receive update on Telephone Emergency Notification System (TENS).
Public Safety Director George Rawson presented the report.

4. Receive update on NGEN (Next Generation) Radio project.
Public Safety Director George Rawson presented the report.

5. Receive update on Census 2010.
Assistant City Administrator presented the report and urged citizens to participate in the census.

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

Skip Lloyd commented on charcoal on Carmel Beach.

Brian Harrington, from the Carmel Professional Firefighters Association, gave an update on the Carmel Fire Department.

Mayor McCloud closed the meeting to public comment at 5:54 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of February 2, 2010.

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

C. Consideration of a Resolution authorizing an amendment to the Consultant Services Agreement with RBF Consulting to prepare an update to the City’s Housing Element in an additional amount of $12,000 for a total of $62,000.

D. Consideration of a Resolution of support for the Local Taxpayers, Public Safety and Transportation Protection Act ballot measure for November 2010.

E. Consideration of a Resolution authorizing Bellinger Foster Steinmetz to develop a conceptual landscaping master plan for Ocean Avenue from the City limit to Junipero Avenue in an amount not to exceed $7,500.

F. Consideration of a Resolution urging the Governor and the State Legislature to approve CalPERS pension reform in 2010.

G. Consideration of a Resolution approving the exemption of building permit
fees for disabled veterans making alterations for disabled access at their private residences.
Council Member Talmage asked for clarification of Item “C” and commented on Item “F”.

Mayor McCloud opened and closed the meeting to public comment at 6:00 p.m.

Council Member ROSE moved to approve Consent Agenda Items A-G, seconded by Council Member HAZDOVAC 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 an application to install aluminum clad windows at a proposed residence to be located at Carmelo Street 2 NW of Ocean Avenue. The appellant is Julie Mak.

Assistant Planner Mark Wiener, presented the staff report.

Russell Pape, the contractor representing owner Julie Mak, addressed Council.

Mayor McCloud opened the meeting to public comment at 6:12 p.m.

Monte Miller and Nancy Jones addressed Council.

Mayor McCloud closed the meeting to public comment at 6:17 p.m.

Council Member ROSE moved to approve the appeal, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

B. Consideration of an appeal of the Planning Commission’s decision to deny an application to install aluminum clad windows at a proposed residence to be located at Camino Real 2 SW of Ocean Avenue. The appellant is Claudio Ortiz Design Group, on behalf of owner Scott Negri.

Assistant Planner Mark Wiener, presented the staff report.

Claudio Ortiz spoke on behalf of the owner and introduced Ken Smith, regional director for Pella Windows.

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

Steve Dallas addressed Council.

Mayor McCloud closed the meeting to public comment at 6:35 p.m.

Council Member ROSE moved to approve the appeal, seconded by Council Member SHARP and carried by the following roll call vote:

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

IX. ORDINANCES
A. Consideration of an Ordinance amending the Zoning Ordinance/Local Coastal Implementation Plan banning medical marijuana dispensaries in the City of Carmel-by-the-Sea (First reading).

Building and Planning Manager Sean Conroy presented the staff report.

City Attorney Don Freeman provided background information regarding the conflicts between Federal and State law on this subject.

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

Michael LePage addressed Council.

Mayor McCloud closed the meeting to public comment at 6:44 p.m.

Council Member ROSE moved to adopt, upon first reading, amendments to the Zoning Ordinance/Local Coastal Implementation Plan banning medical marijuana dispensaries in the City of Carmel-by-the-Sea, 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

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%.

City Administrator Rich Guillen presented the staff report.

Kristi Carriveau, contract compliance manager for Waste Management Inc., addressed Council.

Mayor McCloud opened and closed the meeting to public comment at 7:00 p.m.

Council Member TALMAGE moved to approve the 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% seconded by Council Member HAZDOVAC 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 adopting revisions to the fiscal year 2009-10 General Fund Budget

City Administrator Rich Guillen and Interim Finance Director Laura Dadiw presented the proposed budget revisions.

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

Council Member ROSE moved to adopt the revisions to the fiscal year 2009-2010 General Fund budget, 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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 7:18 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD