CITY COUNCIL: Agenda & Minutes September 2010

AGENDA
Regular Meeting
Tuesday, September 14, 2010
4:30 p.m., Open Session

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

Broadcast date
Sunday, September 19, 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. Introduction of Office Assistant Anna Aubuchon.

B. Introduction of Police Reserve Officer Chayenne Octavio Garcia.

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 report on the new CRFA Ambulance.

2. Receive report on emergency preparedness.

3. Receive report on Monterey County General Plan Update Five (GPU5).

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 Special Meeting of July 27, 2010.

B. Ratify the minutes for the Regular Meeting of August 3, 2010.

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

D. Consideration of a Resolution approving a Fire Department Ford F-150 utility truck as surplus and authorizing its sale.

E. Consideration of a Resolution authorizing the closure of Sixth Avenue between San Carlos and Mission Streets from 11:00 a.m. to 2:00 p.m. on Saturday, October 9, 2010, for a Carmel Fire Department open house.

F. Consideration of a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Sunday, October 17, 2010.

G. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of a Former Board Director Brunch on Sunday, November 7, 2010.

H. Consideration of a Resolution establishing authorization for summary criminal history information for employment, licensing or certification of emergency medical technicians.

I. Consideration of a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF).

J. Consideration of a Resolution approving the application for grant funds from the State of California’s Habitat Conservation Fund to complete the Del Mar Master Plan.

K. Consideration of a Resolution approving revised Terms of Reference for the Monterey County Integrated Waste Management Task Force to enable reorganization of membership and business practices to improve representation and responsiveness.

L. Consideration of a Resolution awarding a bid to Granite Construction Company in the amount of $58,886 for the Street Improvements to Dolores Street between 4th and 5th Avenues, approve a project contingency of $5,886, and approve engineering and inspection during construction of $11,773 for a total project cost of $76,524.

M. Consideration of a Resolution in Support of H.R. 4040, the Big Sur Forest Service Management Unit Act, which will enhance the protection of the public lands and waterways of the Big Sur area.

N. Consideration of a Resolution approving an amendment to the Carmel Youth Center Articles of Incorporation deleting Article IV related to corporate memberships.

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 require a property owner to remove a stone veneer that was applied to a residence without approval. The property location is the southeast corner of Third & Torres. The appellant and property owner is James Ardaiz.

B. Consideration of an appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration. The Carmel Sands Lodge is located on the northeast corner of San Carlos Street and Fifth Avenue. The appellant is Barbara Livingston.

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. (Second reading).

X. Resolutions
A. Consideration of a Resolution approving documents and actions relating to the refinancing of Sunset Center Lease Revenue Certificates of Participation, Series 2001.

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

B. Ratify appointments to Boards and Commissions.

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, October 5, 2010

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.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 14, 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
Heidi Burch, 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 Items VII-M and VIII-B would be continued to a future
meeting.

Council Member HAZDOVAC moved to continue Item VIII-B to the October Council meeting, 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

Mayor McCloud asked for a moment of silence for longtime community leader Lou Ungaretti.

IV. EXTRAORDINARY BUSINESS
A. Introduction of Office Assistant Anna Aubuchon.
Assistant City Administrator Heidi Burch introduced Anna Aubuchon.

B. Introduction of Police Reserve Officer Chayenne Octavio Garcia.
Public Safety Director George Rawson introduced Officer Garcia.

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.
Council Member Sharp gave a recap of the trolley use figures for the summer season.

Council Member Talmage announced that he may not be in attendance at the October meeting.

Council Member Burnett asked for clarification of the process for submitting agenda items.

C. Announcements from City Administrator
1. Receive report on the new CRFA Ambulance.
Dave Jedinak presented the report on the new ambulance.

2. Receive report on emergency preparedness.
Commander Calhoun presented the emergency preparedness update.

3. Receive report on Monterey County General Plan Update Five (GPU5).
Planning and Building Services Manager Sean Conroy presented the report.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:00 p.m.

Carl Iverson noted the Carmel Heritage Society’s Antique Appraisal event on October 2nd.

Skip Lloyd addressed Council regarding an independent review of claims against the City noted in the Miller case.

Mayor McCloud closed the meeting to public comment at 5:07 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the Special Meeting of July 27, 2010.

B. Ratify the minutes for the Regular Meeting of August 3, 2010.

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

D. Consideration of a Resolution approving a Fire Department Ford F-150 utility truck as surplus and authorizing its sale.

E. Consideration of a Resolution authorizing the closure of Sixth Avenue between San Carlos and Mission Streets from 11:00 a.m. to 2:00 p.m. on Saturday, October 9, 2010, for a Carmel Fire Department open house.

F. Consideration of a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Sunday, October 17, 2010.

G. Consideration of a Resolution authorizing City co-sponsorship with the Library Board of Trustees and Carmel Public Library Foundation of a Former Board Director Brunch on Sunday, November 7, 2010.

H. Consideration of a Resolution establishing authorization for summary criminal history information for employment, licensing or certification of emergency medical technicians.

I. Consideration of a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF).

J. Consideration of a Resolution approving the application for grant funds from the State of California’s Habitat Conservation Fund to complete the Del Mar Master Plan.

K. Consideration of a Resolution approving revised Terms of Reference for the Monterey County Integrated Waste Management Task Force to enable reorganization of membership and business practices to improve representation and responsiveness.

L. Consideration of a Resolution awarding a bid to Granite Construction Company in the amount of $58,886 for the Street Improvements to Dolores Street between 4th and 5th Avenues, approve a project contingency of $5,886, and approve engineering and inspection during construction of $11,773 for a total project cost of $76,524.

M. Consideration of a Resolution in Support of H.R. 4040, the Big Sur Forest Service Management Unit Act, which will enhance the protection of the public lands and waterways of the Big Sur area.

N. Consideration of a Resolution approving an amendment to the Carmel Youth Center Articles of Incorporation deleting Article IV related to corporate memberships.

Mayor McCloud noted an amendment to Consent Item A (clarifying that the Motion was to adopt a Resolution authorizing the Mayor to sign the settlement agreement for the Regional Water Project for Monterey County) and reiterated that Consent Item M would be continued.

City Administrator Guillen noted a correction to Item L.

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

Council Member Hazdovac commented on Consent Item F.

Mayor McCloud commented on Consent Item K.

Council Member TALMAGE moved to approve the Consent Agenda Items A-L and N, as amended, seconded by Council Member HAZDOVAC 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

Item X.A. was heard out of order in consideration of the schedules of the consultants from Bartle Wells Associates. Council Member Burnett recused himself as he is renting property within proximity of the Sunset Center.

X. RESOLUTIONS
A. Consideration of a Resolution approving documents and actions relating to the refinancing of Sunset Center Lease Revenue Certificates of Participation, Series 2001.

Tom Gaffney of Bartle Wells Associates and Charles Adam of Jones Hall presented the report.

Mayor McCloud opened the meeting to public comment at 5:33 p.m.

Marguerite Primrose addressed Council.

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

Council Member TALMAGE moved to adopt of a Resolution approving documents (with nonsubstantive changes) and actions relating to the refinancing of Sunset Center Lease Revenue Certificates of Participation, Series 2001, seconded by Council Member SHARP and carried by the following roll call vote:

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

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Planning Commission’s decision to require a property owner to remove a stone veneer that was applied to a residence without approval. The property location is the southeast corner of Third & Torres. The appellant and property owner is James Ardaiz.

Sean Conroy presented the staff report.

James Ardaiz, the appellant, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:39 p.m.

Roberta Miller, Barbara Livingston, Vicki Lynch addressed Council.

Mayor McCloud closed the meeting to public comment at 5:44 p.m.

Council Member HAZDOVAC moved to uphold the appeal and overturn the Planning Commission’s decision, 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

B. Consideration of an appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration. The Carmel Sands Lodge is located on the northeast corner of San Carlos Street and Fifth Avenue. The appellant is Barbara Livingston.

This item was continued to the October 5th Council 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. (Second reading).

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

Council Member TALMAGE moved to adopt, upon second 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 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

X. RESOLUTIONS
A. Consideration of a Resolution approving documents and actions relating to the refinancing of Sunset Center Lease Revenue Certificates of Participation, Series 2001.

This item was heard earlier in the meeting.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction on options for the 2012 Municipal Election.

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

Speaking to the issue were: Dick Stiles; Monte Miller; and Carolyn Hardy.

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

Mayor McCloud re-opened the meeting to public comment at 6:33 p.m.

Speaking were: Monte Miller; Michael LePage; and Carolyn Hardy

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

Council Member TALMAGE moved to table discussion of this item to a future meeting, 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

B. Ratify appointments to Boards and Commissions.
The Mayor and Vice Mayor reappointed the following board/commission members to another term: Nancy Collins and Michael Lynch (Library); Dixie Dixon and Clyde Klaumann (Community Activities and Cultural); and Victoria Beach (Planning).

Mayor McCloud opened and closed the meeting to public comment at 6:45 p.m.

Council Member BURNETT moved to accept the re-appointment of these five board/commission members, seconded by Council Member TALMAGE, 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 6:48 p.m.

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