CITY COUNCIL: Agenda & Minutes May 2008

Regular Meeting
Tuesday, May 6, 2008
4:30 p.m., Open Session

Broadcast date
Sunday, May 11, 2008
8:00 a.m., KMST Channel 26

www.ci.carmel.ca.us

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

Recognition of Officer Rachelle Lightfoot as “2007 Police Officer of the Year”

Recognition of Officer Cindi Mitchell as “2007 Police Department Employee of the Year”

V. Announcements from City Council Members and the City Administrator.

A. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

B. Announcements from City Administrator
1. Receive Quarterly Marketing Update
2. Receive report on Green Building
3. Receive Third Quarter SCC, Inc. Financial Report
4. Receive the City’s Third Quarter Financial Report
5. Receive report on General Plan Update

VI. 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, per the Brown Act (Open Meeting Law), will not receive action by the Council 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 on tape.

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 April 3, 2008

B. Ratify the minutes for the special meeting of April 17, 2008

C. Ratify the bills paid for the month of April 2008

D. Consideration of a Resolution approving the use of the Sunset Center Theater, Lobby and Patio by The Carmel Foundation in September 2008 for its annual meeting from 4:00 p.m.-6:00 p.m.

E. Consideration of a Resolution authorizing the disposition or sale of surplus equipment at the Sunset Cultural Center

F. Consideration of a Resolution authorizing receipt of grant funds for the Click it or Ticket (COIT) grant program sponsored by the California Office of Traffic Safety

G. Consideration of a Resolution authorizing the City Administrator to Execute a Consultant Services Agreement with Botanical Consulting Services for a biological survey of the Del Mar Dunes and North Dunes

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 Title 15 of the Municipal Code and Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical and Housing Codes and 2007 Building Standards

X. Resolutions

A. Consideration of a Resolution authorizing an agreement with the City of Pacific Grove to provide fire department administrative services

XI. Orders of Council

A. Receive report and provide policy direction on a Proposal to construct underground parking in the R-1 and P-2 Land Use Districts and in the Sixth Avenue public right-of-way between Monte Verde and Lincoln Streets and to relocate motel units from the CC land use district to the R-1 land use district

B. Ratify Appointment to the Community Activities & Cultural
Commission
C. Scheduling Future City Council meetings – Please Bring Your
Calendar.
XII. Adjournment
The next meetings of the City Council will be:
Special Council Meeting – 4:30 p.m.
Tuesday, May 20, 2008
Council Chambers
Regular Council Meeting – 4:30 p.m.
Tuesday, June 3, 2008
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.
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.

MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 6, 2008
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, Rose, Sharp,
Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
Mike Calhoun, Sergeant-at-Arms
Brian Roseth, Planning Services Manager
Joyce Giuffre, Administrative Services Director
III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of
Allegiance.
IV. EXTRAORDINARY BUSINESS

Sergeant Mike Calhoun presented the 2007 Police Officer of the Year Award to Officer
Rachelle Lightfoot and the 2007 Police Department Employee of the Year Award to Officer Cindi Mitchell.

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

A. Announcements from Closed Session.

None

B. Announcements from City Council Members.

Mayor McCloud noted the statistics of the Peninsula’s recycling efforts and City
Administrator Guillen’s appointment to the County’s Emergency Management Council. He replaces retiring Salinas City Manager Dave Mora. Mayor McCloud announced the appointment of Paula Hazdovac to serve as Mayor Pro Tempore for the next year and thanked outgoing Mayor Pro Tempore Ken Talmage for his service.

C. Announcements from City Administrator.
1. Receive Quarterly Marketing Update

Jeff Burghardt, president and account supervisor of Anda/Burghardt Advertising, presented the marketing update. He also noted that the City is will be featured in several national awards and television programs scheduled to be aired throughout the remainder of the year.

2. Receive report on Green Building

Brian Roseth, Planning Services Manager, presented the report.

3. Receive Third Quarter SCC, Inc. Financial Report

Peter Lesnik, Executive Director of SCC, Inc., presented the financial report. Additionally, he announced the annual community meeting is scheduled for
June 18th.

4. Receive the City’s Third Quarter Financial Report

Administrative Services Director Joyce Giuffre presented the financial report.

5. Receive report on General Plan Update

Brian Roseth, Planning Services Manager, presented the update.

VI. APPEARANCES

Mayor McCloud opened the appearances section to public comment at 5:47 p.m.

Barbara Livingston addressed Council regarding a combined Green Building program.

Meredith Crowell, Linens and Such, addressed Council regarding the geographic
distinction of “Carmel-by-the-Sea,” vs. “Carmel”, the effectiveness of discounts and
special offers listed on the City’s Website, and disappointment with a free parking
promotion offered in the newspaper during the holiday season.

Mayor McCloud closed the appearances section to public comment at 5:52 p.m.

VII. CONSENT CALENDAR

A. Ratify the minutes for the regular meeting of April 3, 2008

B. Ratify the minutes for the special meeting of April 17, 2008

C. Ratify the bills paid for the month of April 2008

D. Consideration of a Resolution approving the use of the Sunset Center Theater, Lobby and Patio by The Carmel Foundation in September 2008 for its annual meeting from 4:00 p.m.-6:00 p.m.

E. Consideration of a Resolution authorizing the disposition or sale of surplus equipment at the Sunset Cultural Center

F. Consideration of a Resolution authorizing receipt of grant funds for the Click it or Ticket (COIT) grant program sponsored by the California Office of Traffic Safety

G. Consideration of a Resolution authorizing the City Administrator to Execute a
Consultant Services Agreement with Botanical Consulting Services for a biological
survey of the Del Mar Dunes and North Dunes

Mayor McCloud opened and closed the meeting to public comment at 5:53 p.m.

Council Member ROSE moved adoption of the Consent Calendar, seconded by Council Member TALMAGE and carried unanimously.

VIII. PUBLIC HEARINGS

None

IX. ORDINANCES

A. Consideration of an Ordinance Amending Title 15 of the Municipal Code and Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical
and Housing Codes and 2007 Building Standards

City Clerk, Heidi Burch, presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 5:55 p.m.

Council Member ROSE moved approval of an Ordinance Amending Title 15 of the Municipal Code and Adopting the 2007 California Building, Energy, Mechanical, Plumbing, Electrical and Housing Codes and 2007 Building Standards, seconded by Council Member HAZDOVAC and carried by the following roll call:

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

X. RESOLUTIONS

A. Consideration of a Resolution authorizing an agreement with the City of Pacific
Grove to provide fire department administrative services

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:00 p.m.

Barbara Livingston, Mitch Kastros, and James Wright addressed Council.

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

Council Member ROSE moved approval of a Resolution authorizing an agreement with the City of Pacific Grove to provide fire department administrative services, seconded by Council Member HAZDOVAC and carried
by the following roll call:

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

XI. ORDERS OF COUNCIL

A. Receive report and provide policy direction on a Proposal to construct underground
parking in the R-1 and P-2 Land Use Districts and in the Sixth Avenue public rightof-
way between Monte Verde and Lincoln Streets and to relocate motel units from
the CC land use district to the R-1 land use district.

City Attorney Don Freeman outlined the process necessary to hear the item due to
the conflict of interest of four Council Members.

Council Member Rose noted for the record that he is within the 500 radius of the
subject project and that he has no financial interest in the project.

Council Member Talmage noted for the record that he is within the 500 radius of
the subject project and that he has no financial interest in the project.

Council Member Sharp noted for the record that she is within the 500 radius of the
subject project and that she has no financial interest in the project.

Council Member Hazdovac noted for the record that she is within the 500 radius of
the subject project and that she has no financial interest in the project.

By random drawing, Council Members Sharp and Hazdovac drew the lots allowing them to hear the item. Council Members Rose and Talmage recused themselves.

Planning Services Manager Brian Roseth presented the staff report.

Mayor McCloud called a recess at 6:34 p.m. and reconvened the meeting at 6:42 p.m.

John Thodos, Architect, and John Lloyd, Manager of the Pine Inn, addressed Council regarding the benefits of the project.

Mayor McCloud opened the meeting to public comment at 6:57 p.m.

Jim Wright; Clayton Anderson; Thompson Lange; Linda Anderson; Carla Ramsey;
Carl Iverson, a Carmel Heritage board member; Diane Lewis, co-owner of Happy
Landings; Steve Dallas; Meredith Crowell; John Haveles; and Barbara Livingston
addressed Council.

Mayor McCloud closed the meeting to public comment at 7:21 p.m.

City Attorney Don Freeman suggested researching the legal issues surrounding the
project before proceeding.

Council outlined its concerns with the project.

B. Ratify Appointment to the Community Activities & Cultural Commission

Mayor McCloud recommended the appointment of Ruth Rachel to the Community Activities & Cultural Commission.

Mayor McCloud opened and closed the meeting to public comment at 7:42 p.m.

Council Member HAZDOVAC moved approval of the appointment of Ruth Rachel to the Community Activities and Cultural Commission, seconded by Council Member SHARP and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, 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.

Mayor McCloud gave a reminder about the next Budget meeting scheduled for May
20, 2008. She also asked for the members’ vacation schedules through Labor Day.

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:43 p.m.

Respectfully submitted,


___________________________
Heidi Burch, City Clerk
ATTEST:
____________________________
SUE McCLOUD, MAYOR