CITY COUNCIL: AGENDA & MINUTES April 2010

AGENDA
Regular Meeting
Tuesday, April 6, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, April 11, 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 Carmel resident Nick
Trudeau for rescuing a surfer at Carmel Beach.

B. Recognition of Officer Paul Tomasi as the “2009 Police Officer of
the Year”.

C. Recognition of Melissa Webster as the “2009 Police Support Person of
the Year”.

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 presentation on results of regional tourism study.

2. Receive update on the Compstat Program.

3. Receive update on San Antonio Walkway.

4. Receive report on Central Coast Broadband Consortium.

5. Receive update report on US 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 March 2, 2010.

B. Ratify the minutes for the special meeting of March 23, 2010.

C. Ratify the bills paid for the month of March 2010.

D. Consideration of a Resolution authorizing City co-sponsorship with the
Library Board of Trustees and Carmel Public Library Foundation of a
Sterling Circle Wine and Cheese Reception on June 27, 2010.

E. Consideration of a Resolution authorizing the closure of Dolores Street
between Fifth and Sixth Avenues between 8:00 a.m. and 3:00 p.m. on
August 21, 2010, for the “Block Party for the Arts” event sponsored by the
Carmel Art Association.

F. Consideration of a Resolution approving revised Regional Development
Impact Fees for transportation purposes by the Transportation Agency for
Monterey County (TAMC).

G. Consideration of a Resolution expressing opposition to the
Villas de Carmelo project proposed at 24945 Valley Way in the City’s
Sphere of Influence.

H. Consideration of a Resolution authorizing repairs to the Forest Theater
stage floor by KNA Construction in an amount not to exceed $12,400.

I. Consideration of a Resolution accepting a grant of $1,000 from the Col.
Dorothea Terry Layne Charitable Gift Fund for the beautification and
maintenance of Carmel Beach.

J. Consideration of a Resolution ratifying Memoranda of Understanding
between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea
Management Association and the General Employees Association.

K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings
to Hearst Art Gallery, Saint Mary’s College of California, from July 15
through September 30, 2010.

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. 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 (Second reading).

B. Consideration of an Ordinance amending the Mills Act program found in
the Historic Preservation Ordinance (First reading).

X. Resolutions
A. Re-consideration of a Resolution adopted on March 2, 2010, approving a
pass-through disposal rate increase of 0.54% and an annual cost-of-living adjustment of 2.48%.

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 Council Meeting: Swearing-In Ceremony – 3:00 p.m.
Tuesday, April 20, 2010
Council Chambers

Special Council Meeting: Budget Workshop – 4:30 p.m.
Tuesday, April 27, 2010
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, May 4, 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
April 6, 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 4:31 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
Mike Calhoun, Police Commander
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
A. Presentation of certificate of appreciation to Carmel resident Nick
Trudeau for rescuing a surfer at Carmel Beach.
Commander Mike Calhoun presented the certificate of appreciation to Mr.
Trudeau.

B. Recognition of Officer Paul Tomasi as the “2009 Police Officer of the Year”.
Commander Calhoun presented the award to Sergeant Tomasi.

C. Recognition of Melissa Webster as the “2009 Police Support Person of the Year”.
Officer Webster was not in attendance to receive her award.

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 two matters of existing litigation. There were no announcements for the public.

B. Announcements from City Council members.
Council Member Talmage gave an update on the use of the area designated the Monterey Bay Sanctuary.

Council Member Sharp gave an update on the Carmel Hill and River Bicycle
Trail currently under construction by the Barnyard.

Council Member Hazdovac thanked the Lions and other volunteers for a
successful Breakfast with the Bunny event.

Mayor McCloud discussed recycling options and a letter she sent to the Board of Supervisors regarding the water project. She also reminded the audience about the Countywide Cleanup Day on April 17 and Earth Day on April 24. Finally, she said that the City had once again received a Tree City USA designation from the Arbor Day Foundation.

Mayor McCloud reported that Steven Hillyard had been appointed to the ad hoc Traffic Committee, replacing Michael Lynch.

C. Announcements from City Administrator
1. Receive presentation on results of regional tourism study.
Mimi Hahn from the Monterey Bay Aquarium presented the results of the study
on behalf of the Monterey County Convention and Visitors Bureau (MCCVB).

2. Receive update on the Compstat Program.
Sergeant Paul Tomasi presented the update.

3. Receive update on San Antonio Walkway.
City Administrator Guillen presented the update.

4. Receive report on Central Coast Broadband Consortium.
City Administrator Guillen presented the report.

5. Receive update report on US Census 2010.
Assistant City Administrator Burch provided the update.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:21 p.m.

Anna Yateman addressed Council regarding hens being kept as pets.

Augie Beacham noted the Pacific Grove Good Old Days event will be on April 10-11 and the Carmel Fire Department will help with a benefit BBQ.

Carla Ramsey spoke about US Census forms hanging on doors of unattended
homes.

Monta Potter addressed the Chamber-sponsored shuttles for the US Open in June and also said that buses for the April 25 Big Sur Marathon will leave from Carmel.

Erl Lagerholm asked why Pacific Grove was not included in the destination
marketing.

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

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

B. Ratify the minutes for the special meeting of March 23, 2010.

C. Ratify the bills paid for the month of March 2010.

D. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of a Sterling Circle Wine and Cheese Reception on June 27, 2010.

E. Consideration of a Resolution authorizing the closure of Dolores Street between Fifth and Sixth Avenues between 8:00 a.m. and 3:00 p.m. on August 21, 2010, for the “Block Party for the Arts” event sponsored by the Carmel Art Association.

F. Consideration of a Resolution approving revised Regional Development Impact Fees for transportation purposes by the Transportation Agency for Monterey County (TAMC).

G. Consideration of a Resolution expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence.

H. Consideration of a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction in an amount not to exceed $12,400.

I. Consideration of a Resolution accepting a grant of $1,000 from the Col. Dorothea Terry Layne Charitable Gift Fund for the beautification and maintenance of Carmel Beach.

J. Consideration of a Resolution ratifying Memoranda of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Management
Association and the General Employees Association.

K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.

Amy Donohue, the executive director of the Carmel Public Library Foundation and Peter Mollman, board chairman, noted that the “Sterling Circle” is a circle of donors who are “planned givers,” those who have made arrangements for endowment funding through their estate plans.

Regarding Consent Item G, Ashley Bellany, representing Armanasco Public
Relations, read a letter into the record on behalf of the Widewaters Group, the agents for the Carmel Hospital Development Company, LLC.

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

Monte Miller asked for clarification of Item G.

Barbara Livingston addressed Council regarding the Col. Dorothea Lange
contributions.

Mark Bayne addressed Council regarding Item G

Mayor McCloud closed the meeting to public comment at 5:37 p.m.

Council Member TALMAGE moved to approve Consent Agenda Items A-K, 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
None

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

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

Council Member HAZDOVAC 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 ROSE and carried by the following roll call:

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

B. Consideration of an Ordinance amending the Mills Act program found in
the Historic Preservation Ordinance (First reading).

Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 5:47 p.m.

Monte Miller and Erik Dyar, architect and chair of the Historic Resources Board, addressed Council.

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

Council Member Talmage requested a financial impact study that would detail potential loss of revenue to the City.

Mayor McCloud opened the meeting to public comment at 5:56 p.m.

Erl Lagerholm and Richard Warren spoke to the issue.

Erik Dyar clarified issues brought up during the discussion.

Mark Bayne spoke in favor of not postponing further.

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

Sean Conroy addressed questions posed by the Council and public.

Council Member TALMAGE moved to request staff to return next month with a report detailing financial information, including the ramifications of hotels and commercial properties, seconded by Council Member ROSE and carried by the following roll call:

AYES: COUNCIL MEMBERS: ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: HAZDOVAC
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 the meeting to public comment at 6:22 p.m.

Carla Ramsey and Steve Dallas addressed Council.

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

City Attorney Don Freeman said Council first needed a motion to reconsider.

Council Member ROSE moved to reconsider the Resolution approving a passthrough 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 SHARP 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

Council Member TALMAGE moved to approve the Resolution approving a passthrough disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) 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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 6:35 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD