CITY COUNCIL: AGENDA & MINUTES March 2012

AGENDA


Regular Meeting
Tuesday, March 6, 2012
4:30 p.m., Open Session

City Hall
East side of Monte Verde Street
between Ocean and Seventh Avenues

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

Broadcast date
Sunday, March 11,2012
8:00 a.m., MCAET Channel 26

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 the Police Officer of the Year Award to Detective Rachelle Lightfoot.

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 from United Way of Monterey County on the 2-1-1 community referral system.

2. Fire Department update.

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 7, 2012.

B. Ratify the bills paid for the month of February 2012.

C. Consideration of a Resolution approving a 1988 Beck Fire Engine as surplus and authorizing its sale.

D. Consideration of a Resolution in support AB 1614 to extend the Fort Ord Reuse Authority (FORA) until 2024.

E. Consideration of a Resolution adopting certain budget adjustments.

F. Consideration of a Resolution approving the submission of an application for grant funds from the California Department of Transportation's (CalTrans) Community-Based Transportation Planning grant program in an amount not to exceed $150,000.

G. Consideration of a Resolution entering into an agreement with Sedway Consulting for services to update economic information related to the Flanders Mansion property in an amount not to exceed $5,000.

H. Consideration of a Resolution entering into an agreement with Denise Duffy and Associates for services to respond to the Court's ruling concerning the Flanders Mansion Project and to update the environmental
impact report for the Flanders Mansion property in an amount not to exceed $20,500.

I. Consideration of a Resolution decertifying the Environmental Impact Report for the Sale of Flanders Mansion Property project and rescinding Resolutions of the City Council related to project selection, overriding considerations, project implementation, mitigation measures, public vote and findings regarding the Flanders Mansion property.

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 provisions of Municipal Code Section 2.56 (Retirement System) establishing a 2% at 60, 3-year FAS Retirement Plan for Miscellaneous Employees hired on
or after April15, 2012. (Second reading)

B. Consideration of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) Establishing a 2% at 50, 3-Year FAS Retirement Plan for Safety Employees hired by the City of Carmel-by-theSea on or after April 15, 2012. (Second reading)

C. Consideration of an Ordinance Amending the Zoning Ordinance/Local Coastal Implementation Plan to make single family residential dwellings a limited use and to establish additional requirements for residential projects in the commercial districts. (First reading)

X. Resolutions

A. Consideration of a Resolution adopting amendments to the Commercial Design Guidelines to include additional guidance for residential projects and parking design.

XI. Orders of Council

A. Receive report and provide direction on a recommendation from the Forest and Beach Commission on a concept for a portable beach fire basket.

B. Receive recommendations on the Santa Lucia Restrooms project and provide direction on the final design.

C. Review conceptual plans for a pedestrian pathway on the west side of San Antonio Avenue between Ocean and Fourth Avenues and provide direction to staff.

D. 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-4:30p.m.
Tuesday, March 20, 2012
Council Chambers

Regular Council Meeting-4:30p.m.
Tuesday, April 3, 2012
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 Seventh Avenues, during normal business hours.


MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 6, 2012


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 4:36 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage & Mayor McCloud
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning and Building Services Manager
Mike Branson, City Forester

III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS
Mayor McCloud asked for a moment of silence to honor the passing of Laurie Schumann and Joseph Chaffers.

A. Presentation of the Police Officer of the Year Award to Detective Rachelle Lightfoot.

Interim Police Chief Mike Calhoun presented the award.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.

City Attorney Don Freeman noted the Council met in Closed Session last night and continued the session at 4:00 this afternoon. There were no announcements for the public.

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).

Mayor McCloud introduced Hallie Mitchell Dow and Jody Clark of the Carmel Garden Club who announced that the group will create the Connie Ritter Memorial Garden at City Hall. Connie was a longtime member of the Garden Club.

Due to some technical difficulties, Council took a five-minute recess at 4:41 p.m. and reconvened at 4:45 p.m.

Council Member Burnett spoke about statistics related to the dangers of texting while driving.

Mayor McCloud read a letter from visitors from Ike’s Food and Cocktails in Minnetonka, Minnesota, that praised Carmel’s food and culture and overall wonderful visit. She also addressed the work of the Monterey Peninsula Regional Water Authority and that a Public Water Forum will be held at the Oldemeyer Center on
Thursday, March 14 at 6:00 p.m.

Council Member Hazdovac spoke about the popularity of the new directory information signs throughout the downtown.

C. Announcements from City Administrator.
City Administrator Stilwell announced that City Clerk Heidi Burch had achieved the designation of Certified Municipal Clerk (CMC) from the International Association of Municipal Clerks.

1. Receive presentation from United Way of Monterey County on the 2-1-1 community referral system.

Katy Castagna, Chief Operating Officer of United Way of Monterey County, gave the presentation.

2. Fire Department update.
City Administrator Stilwell presented the report.

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

Richard Kreitman and Carolyn Hardy addressed Council.

Mayor McCloud closed the meeting to public comment at 5:26 p.m.

VI. PUBLIC APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:26 p.m.

Christine Sandin, Executive Director of SCC, Inc., addressed Council regarding the matching grant upgrade project.

CarrieAnne presented a video about the 9/11 Memorial and Jim Griffith of the Carmel Plaza also spoke about it.

Shirley Smith from the La Playa Hotel addressed Council about the loss of jobs.

Chris Fitz, on behalf of UNITE HERE Local 483, addressed Council about the proposed TOT Incentive Program.

Uta Bone addressed Council about unions and workers returning to the La Playa Hotel.

John Tomkinson and Tom Griffin spoke about the Monterey County Homeless Veteran Stand Down 2012 event in Salinas on June 19-21, sponsored by two local veterans’ organizations.

Sarah Berling addressed Council regarding public appearances.

Ken Hutchinson of IAFF gave an update on the 9/11 steel transportation.

Peter Tuff, Executive Director of the Carmel Music Society, announced this weekend’s performance at the Sunset Center featuring pianist Garrick Ohlsson.

Stacey Maheen announced the Carmel Chamber of Commerce’s Candidates’ Forum on Thursday, March 8, at the Church of the Wayfarer. She also said the fundraiser for the Travaille family (who lost their home in a fire) was very successful.

Amanda LeVett addressed the ridership of AT&T shuttle over the past several years and an upcoming Carmel Chamber event.

Joe Cadelago of Waste Management, Inc. presented a check in the amount of $500 to the Hilton Bialek Habitat on behalf of the Carmel Residents Association and City. The funds were in recognition of the successful electronic waste collection event held on January 28.

Jason Sharrett, Treasurer/Development Associate, and Andrea Lewis, Executive Director of the Hilton Bialek Habitat, thanked the City for grant funding.

Richard Kreitman noted a Local’s Night set for March 13 throughout the downtown area.

Mayor McCloud closed the meeting to public comment at 6:03 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the regular meeting of February 7, 2012.

B. Ratify the bills paid for the month of February 2012.

C. Consideration of a Resolution approving a 1988 Beck Fire Engine as surplus and authorizing its sale.

D. Consideration of a Resolution in support AB 1614 to extend the Fort Ord Reuse Authority (FORA) until 2024.

E. Consideration of a Resolution adopting certain budget adjustments.

F. Consideration of a Resolution approving the submission of an application for grant funds from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program in an amount not to exceed $150,000.

G. Consideration of a Resolution entering into an agreement with Sedway Consulting for services to update economic information related to the Flanders Mansion property in an amount not to exceed $5,000.

H. Consideration of a Resolution entering into an agreement with Denise Duffy and Associates for services to respond to the Court’s ruling concerning the Flanders Mansion Project and to update the environmental impact report for the Flanders Mansion property in an amount not to exceed $20,500.

I. Consideration of a Resolution decertifying the Environmental Impact Report for the Sale of Flanders Mansion Property project and rescinding Resolutions of the City Council related to project selection, overriding considerations, project implementation, mitigation measures, public vote and findings regarding the
Flanders Mansion property.

Council Member Talmage noted that a roll call vote was missing in the minutes of February 7, 2012 and pulled Item E for clarification.

Mayor McCloud noted a cost discrepancy in the staff report for Item D and asked to pull Item F.

Mayor McCloud opened the meeting to public comment at 6:05 p.m.

Melanie Billig requested pulling Items G, H and I.

Mayor McCloud closed the meeting to public comment at 6:06 p.m.

Council opted to hear items G, H and I immediately rather than at the end of the meeting.

Melanie Billig read a letter regarding Items G, H and I.

Mayor McCloud opened the meeting to public comment at 6:16 p.m. regarding Items G, H and I.

Barbara Livingston and Skip Lloyd addressed Council.

Mayor McCloud closed the meeting to public comment at 6:18 p.m.

Council Member McCloud moved to approve Consent Agenda Items A-I with the exception of Item F (which will be heard at the end of the meeting) and with the correction to the Minutes, seconded by Council Member SHARP and carried unanimously.

VIII. PUBLIC HEARINGS
A. None.

IX. ORDINANCES
A. Consideration of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) establishing a 2% at 60, 3-Year FAS Retirement Plan for Miscellaneous Employees hired on or after April 15, 2012. (Second reading).

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

Council Member BURNETT moved to approve, on second reading, an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) establishing a 2% at 60, 3-Year FAS Retirement Plan for Miscellaneous Employees hired on or after April 15, 2012, 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

B. Consideration of an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) Establishing a 2% at 50, 3-Year FAS Retirement Plan for Safety Employees hired by the City of Carmel-by-the-Sea on or after April 15, 2012. (Second reading)

Mayor McCloud opened and closed the meeting to public comment at 6:22p.m.

Council Member BURNETT moved to approve, on second reading, an Ordinance amending provisions of Municipal Code Section 2.56 (Retirement System) establishing a 2% at 60, 3-Year FAS Retirement Plan for Safety Employees hired on or after April 15, 2012, 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

C. Consideration of an Ordinance Amending the Zoning Ordinance/Local Coastal Implementation Plan to make single family residential dwellings a limited use and to establish additional requirements for residential projects in the commercial districts. (First reading)

Planning and Building Services Manager Sean Conroy gave the staff report and answered Council questions.

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

Barbara Brooks addressed Council.

Mayor McCloud closed the meeting to public comment at 6:38 p.m.

Mayor McCloud again opened the meeting to public comment at 6:48 p.m.

Barbara Livingston addressed Council.

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

By consensus, Council requested this item be remanded to the Planning Commission for further consideration and/or clarification of several issues, including: making the 60% ratio lower (Council recommended 40%); grandfathering in all commercial buildings that at one time were residential to allow reverting back to housing; clarification of “Commercial Districts” (is it three or four?); and move from “permitted” to “conditional” in the RC District and “limited” in the Central Commercial District.

X. RESOLUTIONS
A. Consideration of a Resolution adopting amendments to the Commercial Design Guidelines to include additional guidance for residential projects and parking design. Planning and Building Services Manager Sean Conroy gave the staff report.

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

Council Member BURNETT moved to accept the recommendations of the Planning Commission, to adopt the Resolution, and to ask staff to return in one year to report on how this is working in practice, seconded by Council Member SHARP and passed 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 direction on a recommendation from the Forest and Beach Commission on a concept for a portable beach fire basket.

City Forester Mike Branson presented the staff report and introduced Tom Leverone, the chair of the Forest and Beach Commission, who developed the concept.

Mayor McCloud opened the meeting to public comment at 7:40 p.m.

Lindsay Hanna, Skip Lloyd, and Cathy Cowen addressed Council.

Mayor McCloud closed the meeting to public comment at 7:47 p.m.

Council requested the Forest and Beach Commission schedule a public workshop to address a range of issues related to the beach fire basket and its usage. Further, Council Member Hazdovac recommended the City Attorney address possible liability issues.

VII. CONSENT CALENDAR
This item was pulled from earlier in the agenda for discussion.

VII.F. Consideration of a Resolution approving the submission of an application for grant funds from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program in an amount not to exceed $150,000.

City Administrator Stilwell presented the report.

Mayor McCloud opened the meeting to public comment at 8:00 p.m.

Alexandra Fowler, Paul Hart and Barbara Livingston addressed Council.

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

Council Member TALMAGE moved to approve the submission of an application for grant funds from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program in an amount not to exceed $150,000, 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
B. Receive recommendations on the Santa Lucia Restrooms project and provide direction on the final design.

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

Mayor McCloud opened the meeting to public comment at 8:32 p.m.

Greg D’Ambrosio, Barbara Livingston, Skip Lloyd and Cindy Lloyd addressed Council.

Mayor McCloud closed the meeting to public comment at 8:44 p.m.

Sean Conroy answered Council questions.

Council provided direction for a scaled-down plan and recommended several changes to the
design.

C. Review conceptual plans for a pedestrian pathway on the west side of San Antonio Avenue between Ocean and Fourth Avenues and provide direction to staff.

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

Mayor McCloud opened the meeting to public comment at 9:14 p.m.

Barbara Livingston addressed Council.

Mayor McCloud closed the meeting to public comment at 9:17 p.m.

Council provided direction to staff on revisions to the pedestrian pathway.

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 9:24 p.m.

Respectfully submitted,


_____________________________
Heidi Burch, City Clerk


ATTEST:

_____________________________
MAYOR SUE McCLOUD