CITY COUNCIL: Agendas & Minutes August 2010

AGENDA
Regular Meeting
Tuesday, August 3, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, August 8, 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. None.

V. Announcements from Closed Session, from City Council Members and the City Administrator
A. Announcements from Closed Session

B. Announcements from the Mayor and 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 update on the beach rake.

2. Receive report on beach fire informational cards.

3. Receive report on City shared services.

4. Receive report from the Transportation Agency for Monterey County (TAMC) on the light rail project.

VI. Public Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City that are not on today’s 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 Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise City Clerk Heidi Burch as to which item you wish 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 July 13, 2010 Regular Meeting and the City
Council Report on Closed Session.

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

C. Consideration of a Resolution delegating the Public Safety Director to act on behalf of the City in matters related to the CSAC (California State Association of Counties) Excess Insurance Authority.

D. Consideration of a Resolution accepting the donation of a Steinway Grand Piano to the City valued at $37,500.

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 denial of a request for a second business sign for Oliver, Elliott and Sebastian Fine
Art Gallery on the N/S of Sixth Avenue between Dolores & Lincoln. The appellant is Carl Brzovich.

B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.

IX. Ordinances
A. Consideration of an Ordinance amending Title 8 and Title 15 of the Municipal Code and Adopting the 2010 California Fire, Building, Residential, Energy, Mechanical and Plumbing Codes with amendments. (First reading).

X. Resolutions
A. Consideration of a Resolution authorizing the City Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance (ASBS) project.

XI. Orders of Council
A. Receive report and provide policy direction on options for the 2012
Municipal Election.

B. Ratify appointment to the Historic Resources Board.

C. 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, September 14, 2010 *
*Please note this is the second Tuesday, due to the Labor Day holiday.

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 i 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
August 3, 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 4:33 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Molly Laughlin, Deputy City Clerk
George Rawson, Public Safety Director
Mike Calhoun, Police Commander
Marc Wiener, Associate Planner

III. PLEDGE OF ALLEGIANCE

Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

Mayor McCloud announced that Item VIII-A (Brzovich appeal) and Item XI-A (Policy direction on the 2012 Municipal Election) would be continued to a future meeting.

IV. EXTRAORDINARY BUSINESS

A. None.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.

City Attorney Don Freeman said there had been no Closed Session.

B. Announcements from City Council members.

Mayor Sue McCloud introduced Kalinda Panholzer, the winner of the Carmel Heritage Society’s photography contest. Panholzer’s winning photo, “My Ball” was published in the August issue of Dog Fancy Magazine in conjunction with an article naming Carmel as the second dog-friendliest city in America.

Mayor McCloud said that the conductor’s room at Sunset Center had been named in honor of maestro Bruno Weil for his role in the transformation of the Sunset Theater. She also complimented staff on the cleanup effort at Mission Trails Park and reported progress on the Regional Water Project agreement.

C. Announcements from City Administrator

1. Receive update on the beach rake.
City Administrator Guillen presented the report.

2. Receive report on beach fire informational cards.
Police Commander Mike Calhoun presented the report.

3. Receive report on City shared services.
City Administrator Guillen presented the report.

4. Receive report from the Transportation Agency for Monterey
County (TAMC) on the light rail project.

Debbie Hale, executive director of the Transportation Agency for Monterey County (TAMC), and Associate Planner/Project Manager Kristin Hoschouer presented the report.

VI. PUBLIC APPEARANCES

Mayor McCloud opened the meeting to public comment at 4:55 p.m.

David Dilworth, representing Helping Our Peninsula’s Environment, spoke about an alternative water project.

Kathy Frederickson, Barbara Livingston, Carolyn Hardy, Adam Moniz, Alison Pratt Shelling, Barbara Brooks, and Skip Lloyd addressed sexual harassment in the workplace and the Jane Miller settlement.

Mayor McCloud closed the meeting to public comment at 5:15 p.m.

City Attorney Don Freeman discussed some of the legal aspects of the Miller settlement, including the City’s need to protect employee confidentiality, the independent investigation in the case, and progress the City is making in providing sexual harassment training for elected and appointed officials and staff. Freeman also re-read the press release from the Miller settlement.

John Giffen, an attorney with Kennedy, Archer & Harray, which served as the City’s counsel in the Miller case, addressed Council about the nondisclosure aspects of the settlement.

VII. CONSENT CALENDAR

A. Ratify the minutes for the July 13, 2010 Regular Meeting and the City
Council Report on Closed Session.

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

C. Consideration of a Resolution delegating the Public Safety Director to act on behalf of the City in matters related to the CSAC (California State
Association of Counties) Excess Insurance Authority.

D. Consideration of a Resolution accepting the donation of a Steinway Grand
Piano to the City valued at $37,500.

Mayor McCloud opened and closed the meeting to public comment at 5:25 p.m.

Council Member SHARP moved to approve the Consent Agenda Items A-D, seconded by Council Member BURNETT and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; 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 denial of
a request for a second business sign for Oliver, Elliott and Sebastian Fine Art Gallery on the N/S of Sixth Avenue between Dolores & Lincoln. The
appellant is Carl Brzovich.

At the request of the appellant, this item was continued.

B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.

Due to technical problems, this item was postponed to a later portion of the meeting.

IX. ORDINANCES

A. Consideration of an Ordinance amending Title 8 and Title 15 of the
Municipal Code and Adopting the 2010 California Fire, Building, Residential, Energy, Mechanical and Plumbing Codes with amendments.
(First reading).

Art Black, from Carmel Fire Protection Associates, presented the staff report.

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

Council Member HAZDOVAC moved to adopt, upon first reading, an Ordinance amending Title 8 and Title 15 of the Municipal Code and Adopting the 2010 California Fire, Building, Residential, Energy, Mechanical and Plumbing Codes with amendments, seconded by Council Member TALMAGE and carried by the following roll call vote:

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

VIII. PUBLIC HEARINGS

B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.

Associate Planner Marc Wiener presented the staff report.

Engineer John Kasunich, whose firm was hired by the City to perform a
geotechnical survey for this site, discussed road stability issues on Second Avenue.

City Engineer Sherman Low addressed other stability issues.

Appellants Greg Schulz and Zane Blackmer spoke to the issue.

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

Ron Wormser, a neighbor of the proposed project, spoke to the issue.

Marian Wormser read letters from two neighbors (Hibbards and Harpers).

Barbara Gabrielson spoke about fire safety issues in the area.

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

Council Member BURNETT moved to uphold the decision of the Planning Commission and to grant the City Administrator the right to approve the encroachment permit based upon the special conditions outlined in the staff report, plus any additional requirements that are warranted, seconded by Council Member SHARP and carried by the following roll call vote:

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

X. RESOLUTIONS

A. Consideration of a Resolution authorizing the City Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance
(ASBS) project.

Consulting engineer Bob Jaques presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 6:58 p.m.

Council Member TALMAGE moved to adopt a Resolution authorizing the City
Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance (ASBS) project, seconded by Council Member SHARP and carried by the following roll call vote:

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

XI. ORDERS OF COUNCIL

A. Receive report and provide policy direction on options for the 2012
Municipal Election.

At the request of the City Administrator, this item was continued to the September meeting.

B. Ratify appointment to the Historic Resources Board.

Matthew Little, Jr. was appointed by the Mayor to serve on the Historic
Resources Board, completing the term vacated by Laura Prishmont Quimby.

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

Council Member TALMAGE moved to accept the appointment of Matthew Little, Jr. to the Historic Resources Board, seconded by Council Member BURNETT, and carried by the following vote:

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

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:04 p.m.

Respectfully submitted, ATTEST:


_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR SUE McCLOUD