CITY COUNCIL: Agenda & Minutes November 2010

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

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

Broadcast date
Sunday, November 7, 2010
8:00 a.m., MCAET 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. Recognition of Building Inspector John Hanson’s return from Afghanistan.

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 Police Department’s award of a $24,950 grant from the US Department of Justice for school safety.

2. Receive Quarterly Marketing update.

3. Receive City’s Year-End and First Quarter 2010-2011 financial reports.

4. Receive SCC Inc.’s First Quarter 2010-2011 financial report.

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 Regular Meeting of October 5, 2010.

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

C. Consideration of a Resolution approving the amendments to the Association of Monterey Bay Area Governments (AMBAG) By-Laws.

D. Consideration of a Resolution indicating that the City will not adopt Title 24, Part 11 (CALGreen) of the California Building Code, as the City’s
Green Building Ordinance is considered more restrictive.

E. Consideration of a Resolution authorizing the use of one of the City’s free
use days at the Sunset Center for the Carmel Art and Film Festival in October 2010.

F. Consideration of a Resolution authorizing $244,048 in year-end departmental budget transfers and a transfer of $7,659.73 in unspent grant revenues for fiscal year 2009/10 to comply with state financial restrictions.

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 request for aluminum clad wood windows for a building located on the east side of Lincoln between Fifth and Sixth Avenues. The appellant is Nancy Moresco.

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. None.

X. Resolutions
A. None.

XI. Orders of Council
A. Ratify appointment to the Planning Commission.

B. Revised Harassment Prevention Policy for the City of Carmel-by-the-Sea.

C. Receive report and provide policy direction on the City’s directory signs.

D. Receive report and provide policy direction on temporary holiday lighting in the medians.

E. Receive report and provide policy direction on pursuing the purchase or lease of the BeachTech equipment.

F. Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s
Experimental Theater.

G. 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, December 7, 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 hours.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 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 4:37 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, McCloud
ABSENT: None
STAFF PRESENT: Rich Guillen, City Administrator
Heidi Burch, City Clerk
Don Freeman, City Attorney
George Rawson, Public Safety Director
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. Recognition of Building Inspector John Hanson’s return from Afghanistan.
Sean Conroy, Planning and Building Services Manager, recognized John Hanson.

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 McCloud announced the Council appointments to the regional boards, commissions and committees.

Council Member Sharp announced Monterey Salinas Transit’s new pedestrian safety program, discussed businesses evening closing times, a new “fix-it” form, and praised the success of the Carmel Art and Film Festival.

Council Member Hazdovac thanked the Carmel Celebrates Community Committee and the many people and organizations that contributed to the City’s Birthday Parade and Halloween Celebration. She also announced the City’s nomination for an “Award of Excellence” by the Carmel Chamber of Commerce in the nonprofit category.

C. Announcements from City Administrator
1. Receive report on the Police Department’s award of a $24,950 grant from the US Department of Justice for school safety.
Commander Calhoun presented the report and introduced Peggy Burger, Principal
of Junipero Serra School.

2. Receive Quarterly Marketing update.
Jeff Burghardt presented the quarterly report and noted the Fall marketing campaign and upcoming plans.

3. Receive City’s Year-End and First Quarter 2010-2011 financial reports.
This item was continued to December.

4. Receive SCC Inc.’s First Quarter 2010-2011 financial report.
Jim Price, Chair of the Board of Directors of SCC Inc., and Peter Lesnik, Executive Director, presented the utilization and financial reports.

Planning Services Manager Sean Conroy presented an update on the Boardwalk/Dunes project.

City Administrator Guillen noted the $1.3 million savings generated by the Sunset Bond refinancing.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:24 p.m.

Meredith Crowell, owner of Linens and Such, addressed Council regarding signage and the Post Office.

James Aaron Jungroth, addressed Council regarding the chicken ordinance.

Adam Moniz addressed Council regarding the existing City harassment policy.

Mayor McCloud closed the meeting to public comment at 5:31 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the Regular Meeting of October 5, 2010.

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

C. Consideration of a Resolution approving the amendments to the Association of
Monterey Bay Area Governments (AMBAG) By-Laws.

D. Consideration of a Resolution indicating that the City will not adopt Title 24, Part 11 (CALGreen) of the California Building Code, as the City’s Green Building Ordinance is considered more restrictive.

E. Consideration of a Resolution authorizing the use of one of the City’s free use days at the Sunset Center for the Carmel Art and Film Festival in October 2010.

F. Consideration of a Resolution authorizing $244,048 in year-end departmental
budget transfers and a transfer of $7,659.73 in unspent grant revenues for fiscal year 2009/10 to comply with state financial restrictions.

Council Member Talmage noted he was not in attendance at the October 5, 2010 Council meeting and would abstain from voting on Item “A”. He also offered clarification of Item “C” as a simple clean-up of the AMBAG By-Laws.

Council Member Burnett pulled Item “F” for continuation to the December Council
meeting.

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

Council Member TALMAGE moved to approve Consent Agenda Items B-E, 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

Council Member TALMAGE moved to continue Consent Agenda Item “F” to the December 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

Council Member HAZDOVAC moved to approve the Consent Agenda Item “A”, seconded by Council Member BURNETT and carried by the following roll call vote:

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

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Planning Commission’s decision to deny a request for aluminum clad wood windows for a building located on the east side of Lincoln between Fifth and Sixth Avenues. The appellant is Nancy Moresco.

Council Members Talmage and Hazdovac recused themselves due to their proximity to the proposed project.

Sean Conroy, Planning and Building Services Manager presented the staff report.

Mike McLean, representing appellant Nancy Moresco, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:41 p.m.

Monte Miller and Kathy Miller from Marvin Windows & Doors, addressed Council.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

Council Member SHARP moved to uphold the appeal, seconded by Mayor McCLOUD and carried by the following roll call vote:

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

Mayor McCloud called for a brief recess at 5:51 p.m. Council reconvened at 6:00 p.m.

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.

Sean Conroy, Planning Services Manager, presented the staff report.

Barbara Livingston, appellant, and Dick Styles, speaking for Ms. Livingston, addressed Council.

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

Addressing Council on the issue were: Catherine Compagno, owner of Village Court; Jim Wright; Monta Potter, CEO of the Carmel Chamber of Commerce; Mike Brown; Gabrielle Mancuso; Thompson Lange, Chair of the Chamber’s Economic Advisory Committee; Tom Glidden of La Playa Hotel; Jordan Daniels, Green Building consultant; Lucia Dahlstrand representing Olaf Dahlstrand; Amanda LeVett, owner of various properties in the City; John McCormick; Carrie Theis, President of the Carmel Innkeepers Association; Linda Anderson; Monte Miller; Matt Little Sr.; and Matt Little Jr.

Mayor McCloud closed the meeting to public comment at 7:05 p.m.

Addressing Council were: David How, owner of the property; Art Coon, of the firm Miller, Starr, Regalia, counsel for the owner; Eric Miller, project architect; and Carolyn Hardy.

Barbara Livingston and Dick Styles addressed Council.

City Attorney Don Freeman outlined the guidelines for making a decision about requiring an Environmental Impact Report.

Sean Conroy, Planning and Building Services Manager, answered Council questions.

Eric Miller answered Council questions.

Council Member HAZDOVAC moved to deny the appeal and adopt the Mitigated Negative Declaration, 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

Council Member BURNETT then moved to approve the project as put forth by the Planning Commission and to deny the appeal. This motion was subsequently withdrawn.

Council Member BURNETT moved to approve the project, to deny the appeal, to require a five-foot setback extending south 40 feet from the northwest corner of the lot, and to amend Special Condition 45 to read “slight variation of a single color or other modifications to the exterior finish”, 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

Mayor McCloud called for another brief recess at 8:44 p.m. Council reconvened at 8:54 p.m.

IX. ORDINANCES
A. None.

X. RESOLUTIONS
A. None.

XI. ORDERS OF COUNCIL
Mayor McCloud said that Item “C” (City’s directory signs) would be continued to a future meeting due to the length of this meeting and the late hour.

To accommodate those still in attendance, Council heard Item “B” first, followed by Items “F”, “D” and finally Item “A”.

B. Revised Harassment Prevention Policy for the City of Carmel-by-the-Sea.
Jon Giffen, of Kennedy, Archer & Harray, presented a report regarding the revised harassment policy.

City Attorney Don Freeman and Giffen addressed questions from Council.

Mayor McCloud opened the meeting to public comment at 9:15 p.m.

Jim Emery, Adam Moniz, Carolyn Hardy and Mike Brown addressed Council.

Mayor McCloud closed the meeting to public comment at 9:28 p.m.

City Attorney Don Freeman addressed questions from Council and the public.

Council directed Jon Giffen to make suggested modifications to the draft version of the policy.

F. Receive report and provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater.

City Administrator Guillen presented the report.

Stephen Moorer, Executive Director of Pacific Repertory Theater, addressed Council.

Mayor McCloud opened the meeting to public comment at 10:00 p.m.

Alex Heid, Chair of the Board of Children’s Experimental Theater, addressed Council.

Mayor McCloud closed the meeting to public comment at 10:01 p.m.

Council Member HAZDOVAC moved to negotiate a lease with Pac Rep for the Children’s Experimental Theater with a revised rental fee structure, 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

C. Receive report and provide policy direction on the City’s directory signs.
This item was continued to a future meeting.

D. Receive report and provide policy direction on temporary holiday lighting in the medians.
Assistant City Administrator Heidi Burch presented the report.

Mayor McCloud opened the meeting to public comment at 10:05 p.m.

Monta Potter, CEO of the Chamber of Commerce, and Stephen Moorer addressed
Council.

Mayor McCloud closed the meeting to public comment at 10:07 p.m.

Council Member BURNETT moved to approve the LED lighting to begin at the beginning of the Thanksgiving week and extend through mid-March, as described in the staff report, and to request that staff find a corresponding expense reduction elsewhere in the budget and/or seek grants or donations to cover the cost, 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

E. Receive report and provide policy direction on pursuing the purchase or lease of the BeachTech equipment.
This item was continued and remanded to the Forest and Beach Commission.

A. Ratify appointment to the Planning Commission.
Mayor McCloud announced the appointment of Steve Dallas to serve as a Planning
Commissioner until October 2012, filling the term vacated by Robin Wilson.

Mayor McCloud opened and closed the meeting to public comment at 10:12 p.m.

Council Member TALMAGE moved to ratify the appointment of Steve Dallas to the
Planning Commission, 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

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

XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned 10:17 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Heidi Burch, City Clerk MAYOR SUE McCLOUD