CITY COUNCIL: AGENDA & MINUTES March 2011

AMENDED AGENDA
Regular Meeting
Tuesday, March 1, 2011
4:30 p.m., Open Session

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

Broadcast date
Sunday, March 6, 2011
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
Council Member Jason Burnett will be participating via telephone (831-238-0009) from the following location: Doubletree by Hilton-Akron/Fairlawn,
3150 West Market Street, Akron, Ohio 44333

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 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 Quarterly Marketing Update from Jeff Burghardt.

2. Receive SCC report.

3. Presentation from AMBAG on Greenhouse Gas Emissions.

4. Receive update on the ASBS project.

VI. Public 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. 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.

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 1, 2011.

B. Ratify the bills paid for the month of February 2011.

C. Consideration of a Resolution accepting a grant of $5,000 from the Col.
Dorothea Terry Layne Charitable Gift Fund for the beautification and
maintenance of Carmel Beach.

D. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

E. Consideration of a Resolution Awarding a Bid to Monterey Peninsula
Engineering for the Street Improvement Project on Junipero Avenue
between Ocean Avenue and 8th Avenue and a total project cost of $363,662.

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 the following two appeals filed by Old Mill Properties,
LLC.:
1) An appeal of the Planning Commission’s decision to deny a two-unit,
multi-family residential project for a site located 3 SE of Seventh
Avenue on San Carlos Street.
2) An appeal of the Planning Commission’s decision to deny a two-unit,
multi-family residential project for a site located 3 SW of Seventh
Avenue on Mission Street.

IX. Ordinances

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to
allow for the keeping of chicken hens on properties in the R-1 District
in the City of Carmel-by-the-Sea. (First reading)

X. Resolutions

A. Consideration of a Resolution adopting revisions to the Fiscal Year
2010-11 General Fund budget.

B. Receive Subcommittee report on time and resources required for grant
submission and then consideration of a Resolution approving the submission of an application for grant funds in an amount not to exceed
$150,000 from the California Department of Transportation’s (CalTrans)
Community-Based Transportation Planning grant program.

XI. Orders of Council

A. Approve amendments to City’s revised Harassment Prevention Policy.

B. Consideration of a Resolution awarding a recycling grant in an amount up to $8,300 to the Hilton Bialek Habitat project.

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

XII. Adjournment

The next meeting of the City Council will be:
Special City Council Budget Workshop – 4:30 p.m.
Tuesday, March 22, 2011
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, April 5, 2011
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.

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 1, 2011
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, Sharp, Talmage, Mayor McCloud
(Council Member Burnett participated in the meeting via phone conference from Akron, Ohio)

ABSENT: None

STAFF PRESENT: Heidi Burch, Assistant City Administrator/City Clerk
Molly Laughlin, Deputy City Clerk
Sean Conroy, Planning Services Manager
Paul Tomasi, Sergeant-at-Arms

III. PLEDGE OF ALLEGIANCE

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

Mayor McCloud announced that Item VII-A (the two Old Mill appeals) and Item XI-A (Approve amendments to City’s revised Harassment Prevention Policy) would be continued.

IV. EXTRAORDINARY BUSINESS

A. None.

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

A. Announcements from Closed Session.

There was no Closed Session.

B. Announcements from City Council members.

Mayor McCloud announced that a benefit premiere screening of “Carmel-by-the-Sea” (formerly called “Carmel The Movie”) will take place at the Sunset Center Theater on Saturday, March 19.

C. Announcements from City Administrator.

1. Receive Quarterly Marketing Update from Jeff Burghardt.

Jeff Burghardt gave the report.

2. Receive SCC report.

Jim Price, chairman of the SCC Board, introduced several board members and new managing director Christine Sandin, who gave an overall business plan presentation. She was followed by Jeff Burghardt, who gave a presentation on the emerging group and wedding business at Sunset Center.

3. Presentation from AMBAG on Greenhouse Gas Emissions.

Charlie Buck, Special Projects Associate, gave the presentation.

4. Receive update on the ASBS project.

Bob Jaques gave the report.

VI. PUBLIC APPEARANCES

Mayor McCloud opened the meeting to public comment at 5:30 p.m.

Niels Reimers spoke about the Carmel Inn for Seniors.

Rosalie Bryant-Trambly asked if Agenda Item X-B (Cal Trans grant) could be moved to an earlier portion of the meeting.

Nina Beety, Marilyn Garrett, Glen Chase, Debby Lenz, Edna Williams, Lynn
Weiman, Dante Rondo, and Larry Parrish spoke in opposition to the installation of PG&E SmartMeters. There also were two unidentified speakers who addressed this issue.

Kristi Downing invited the public to the Carmel Residents’ Association Citizen of the Year Award reception on March 27 at the Carmel Woman’s Club. Greg D’Ambrosio is this year’s award recipient.

Mark Bayne, Save Our Neighborhoods Coalition, and Edna Williams spoke about the Villas de Carmelo (Carmel Convalescent Hospital) project.

Constance Dudley Laub, a Lincoln Avenue resident, spoke about neighborhood/tenant problems she has encountered and about SmartMeters.

Dick Stiles, speaking as a board member of the Carmel Residents Association, spoke about selection of a City Administrator and an Interim Administrator.

Mayor McCloud closed the meeting to public comment at 6:07 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of February 1, 2011.

B. Ratify the bills paid for the month of February 2011.

C. Consideration of a Resolution accepting a grant of $5,000 from the Col. Dorothea Terry Layne Charitable Gift Fund for the beautification and maintenance of Carmel Beach.

D. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

E. Consideration of a Resolution Awarding a Bid to Monterey Peninsula Engineering for the Street Improvement Project on Junipero Avenue between Ocean Avenue and 8th Avenue and a total project cost of $363,662.

Council Member SHARP moved to approve Consent Agenda Items A-E, 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
VIII. PUBLIC HEARINGS

A. Consideration of the following two appeals filed by Old Mill Properties, LLC.:

1) An appeal of the Planning Commission’s decision to deny a two-unit,
multi-family residential project for a site located 3 SE of Seventh
Avenue on San Carlos Street.

2) An appeal of the Planning Commission’s decision to deny a two-unit,
multi-family residential project for a site located 3 SW of Seventh Avenue on Mission Street.

This item was continued to the April 5, 2011 meeting.

X. RESOLUTIONS

A. Consideration of a Resolution adopting revisions to the Fiscal Year 2010-11 General Fund budget.

This item was moved up to accommodate the schedule of City Treasurer Dewey Evans.

City Treasurer Dewey Evans presented the staff report.

By Council consensus, this item was deferred to allow staff to answer some questions and clarify issues raised by Council.

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

Monte Miller and Greg D’Ambrosio spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:37 p.m.

IX. ORDINANCES

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)

Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:49 p.m.

Anna Yeatman, Barbara Livingston and Carla Ramsay spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:56 p.m.

Council Member SHARP moved to approve the first reading of the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea, with the following three amendments: cages will not be visible from public streets; slaughtering of chickens will not be permitted within City limits; and the keeping of chickens shall not create a public nuisance, seconded by Council Member HAZDOVAC 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

*Mayor McCloud requested it to be reflected in the record that her “No” vote was based on permitting chickens in front yards.

X. RESOLUTIONS

A. Consideration of a Resolution adopting revisions to the Fiscal Year 2010-11 General Fund budget.

This item was heard earlier in the meeting.

B. Receive Subcommittee report on time and resources required for grant submission and then consideration of a Resolution approving the submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program. Planning Services Manager Sean Conroy presented the staff report.

Council Member Burnett continued the presentation.

Mayor McCloud opened the meeting to public comment at 7:14 p.m.

Jay Marden, Principal of River School, Alexandra Fallon, Stacey Maheen, Alan Lehman, Nicole Stevens, Greg D’Ambrosio, Paul Hart, Monta Potter, Chief Executive Officer of the Carmel Chamber of Commerce, and an unidentified parent spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:30 p.m.

Council Member TALMAGE moved to approve a Resolution approving the submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program, with understanding that if the staff work load gets too high, Council will re-examine its work plan priorities, seconded by Council Member BURNETT 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

XI. ORDERS OF COUNCIL

A. Approve amendments to City’s revised Harassment Prevention Policy.

This item was continued to the April 5, 2011 meeting.

B. Consideration of a Resolution awarding a recycling grant in an amount up to $8,300 to the Hilton Bialek Habitat project.

Assistant City Administrator Heidi Burch presented the staff report.

Mayor McCloud opened the meeting to public comment at 8:05 p.m.

Greg D’Ambrosio spoke to the issue.

Mayor McCloud closed the meeting to public comment at 8:12 p.m.

Council Member HAZDOVAC moved to award a recycling grant in an amount up to $8,300 to the Hilton Bialek Habitat project, 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

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 8:17 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR SUE McCLOUD