Tuesday, June 30, 2009

PLANNING COMMISSION AGENDA & MINUTES July 2009

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
AGENDA
Regular Meeting
Wednesday, July 8, 2009 4:30 PM

City Hall
East side of Monte Verde Street Between Ocean & Seventh Avenues

I. CALL TO ORDER AND ROLL CALL
Commissioners: Steve Hillyard
Janet Reimers
Robin Wilson
Alan Hewer, Vice-chair

II. TOUR OF INSPECTION
There will be no tour as part of this agenda.

III. ROLL CALL

IV. PLEDGE OF ALLEGIANCE

V. ANNOUNCEMENTS FROM DIRECTOR OR CHAIR

VI. APPEARANCES
Anyone wishing to address the Commission on matters not on the agenda, but within the jurisdiction of the Commission may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Commission agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three minutes, or as otherwise established by the Commission. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.

VII. CONSENT AGENDA
Items placed on the Consent Agenda are considered to be routine and are acted upon by the Commission in one motion. There is no discussion of these items prior to the Commission action unless a member of the Commission, staff, or public requests specific items be discussed and/or removed from the Consent Agenda. Items on the Consent Agenda marked with * have been noticed as public hearings. It is understood that the staff recommends approval of all consent items. Each item on the Consent Agenda approved by the Commission shall be deemed to have been considered in full and adopted as recommended.

1. Consideration of Planning Commission minutes from June 10, 2009.

VIII. CONSENT AGENDA (PULLED ITEMS)
At this time the Commission will consider items pulled from the Consent Agenda.

IX. 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 Planning Commission at, or prior to, the public hearing.

1. MP 09-3
City of Carmel-by-the-Sea

Consideration of a draft of the General Plan Update Project and a Negative Declaration.

This project involves the update of the Circulation, Public Safety, Noise, Public
Facilities, Open Space and Conservation Elements of the General Plan.

2. MP 09-5
City of Carmel-by-the-Sea

Consideration of recommendations to the City Council regarding modifications to the
City’s Volumetric Standards found in CMC 17.10.

3. UP 09-6
Ron Chaplan
W/s San Carlos bt. 7 & 8
Carmel Inn for Seniors
Block 91, Lot(s) 9 & 11

Consideration of the reissuance of Demolition, Design Review, Use Permit,
Coastal Development Permit and Subdivision approvals for the demolition of an existing structure and the construction of nine condominium units on a site in the
RC District.

4. UP 09-7
Leidig Draper
NE corner Dolores & 6th
Block 56, Lot(s) 20

Consideration of a Use Permit to allow live music at the Village Corner Restaurant located in the Central Commercial (CC) District.

X. ADJOURNMENT
The next meeting of the Planning Commission will be:
► Regular Meeting – Wednesday, August 12, 2009 at 3:30 p.m.

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 Administrative Coordinator. If you need assistance, please advise Leslie Fenton what item you would like to comment on and the microphone will be brought to you.

NO AGENDA ITEM WILL BE CONSIDERED AFTER 8:00 P.M. UNLESS AUTHORIZED BY A MAJORITY VOTE OF THE PLANNING COMMISSION. ANY AGENDA ITEMS NOT CONSIDERED AT THE MEETING WILL BE CONTINUED TO A FUTURE DATE AS DETERMINED BY THE COMMISSION.

Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Planning & Building Department located in City Hall, E/s Monte Verde between Ocean & 7th Avenues, during normal business hours.

HISTORIC RESOURCES BOARD AGENDA & MINUTES July 2009

CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD

REGULAR MEETING AGENDA
Monday, July 20th, 2009

3:30 p.m. Tour
4:00 p.m., Open Session

City Hall Council Chambers
East side of Monte Verde Street Between Ocean and Seventh Avenues

I. CALL TO ORDER AND ROLL CALL

BOARD MEMBERS: ERIK DYAR, CHAIRPERSON
ELINOR LAIOLO
ERLING LAGERHOLM
NICOLE SCHROEDER
JULIE WENDT

II. TOUR OF INSPECTIONS

Shortly after 3:30 p.m. the Board will leave the Council Chambers for an on-site Tour of Inspection of all properties listed on this agenda (including those on the Consent Agenda). Prior to the beginning of the Tour of Inspection, the Board may eliminate one or more on-site visits. The public is welcome to follow the Historic Resource Board on its tour of the determined sites. The Board will return to Council Chambers at 4:00 or as soon thereafter as possible.

III. PLEDGE OF ALLEGIANCE

IV. APPEARANCES

Anyone wishing to address the Board on matters within the jurisdiction of the Board may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Board’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 minutes, or as established by the Board. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.

V. CONSENT AGENDA

1. Consideration of the HRB meeting minutes for 26 January 2009, 24 February 2009 and 20 April 2009. Page 1

VI. ADMINISTRATION

1. Consideration of a recommendation to place an existing structure located in the Service Commercial (SC) District on the City’s Inventory of Historic Resources. Page 8

VII. AJOURNMENT

Any writings or documents provided to a majority of the Historic Resources Board regarding any item on this agenda will be made available for public inspection in the Planning and Building Department located at City Hall, on Monte Verde between Ocean and 7th Avenues during normal business hours.

If there is not a special meeting, the next regular meeting of the Historic Resources Board is set for:

17 August 2009 (Regular Meeting)
3:15 p.m. – Tour of Inspection
4:00 p.m. - Regular Agenda

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. The City of Carmel-by-the-Sea Telecommunication’s Device for the Deaf/Speech Impaired (TDD) number is 1-800-735-2929

DESIGN REVIEW BOARD AGENDA & MINUTES July 2009

HARRISON MEMORIAL LIBRARY BOARD OF TRUSTEES AGENDA & MINUTES July 2009

CITY COUNCIL: Special Meeting on Flanders Mansion Property Protest Hearing, Resolution & Ordinance

NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, June 16, 2009 -- 4:30 p.m.

Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

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

Broadcast date
Sunday, June 21, 2009
8:00 a.m., KMST Channel 26

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Announcements from Closed Session (if any)

V. Protest Hearing
A. Receive protests regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

VI. Resolutions
A. Consideration of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.

VII. Ordinances
A. Consideration of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.

VIII. Adjournment
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.

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 16 JUNE 2009
SUBJECT: CONSIDERATION OF ACTIONS RELATED TO DISCONTINUING AND ABANDONING THE USE OF THE FLANDERS MANSION PROPERTY AS PUBLIC PARKLAND


INTRODUCTION
On 12 May 2009, the City Council determined that the Flanders Mansion Property should be sold with conservation easements and mitigations. To accomplish this, the City must first hold a protest hearing, vote to override protests and place before the voters at a special election whether the use of this public park land should be discontinued and abandoned. At the meeting of 16 June 2009, the Council will consider the following:

􀂃 Hold the protest hearing

􀂃A Resolution to override all protests

􀂃First reading of an Ordinance calling for a special election

PROTEST HEARING
California statutes provide safeguards against the loss of public parkland. The public must first have an opportunity to protest, both orally and in writing. After hearing all protests, the City Council may decide whether or not to proceed with the sale. The Statute requires a two-thirds vote of the Council. A proposed Resolution for this decision is attached.

ORDINANCE
If the protests are overridden, the Council then may adopt an Ordinance, calling for a special election. The Ordinance identifies the property and specifies the date of the election. A proposed Ordinance would call the special election for November 3, 2009, to coincide with the General Election set for that date. This would be a first reading. Second reading (adoption) would occur at the next regular City Council meeting on 7 July 2009.

Meeting Date: 16 June 2009
Prepared by: Rich Guillen, City Administrator

City Council
Agenda Item Summary


Name: Consideration of a Resolution Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.
Description: The proposed resolution will override all protests received during the protest hearing and allow for the discontinuance and abandonment of the Flanders Mansion Property as Public Parkland.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: California Statutes provide safeguards against the loss of public parkland. The public must first be given an opportunity to protest, both orally and in writing. After hearing all protests, the City Council can decide if it still wants to proceed with the sale. The Statute requires a two-thirds vote of the Council.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA OVERRIDING ALL PROTESTS AGAINST DISCONTINUANCE AND ABANDONMENT OF USE OF THE FLANDERS MANSION PROPERTY AS PUBLIC PARK LAND


WHEREAS, the specific property subject to this action is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California, and situated within the Mission Trail Nature Preserve (APN 010-061-005), and is commonly known as the Flanders Mansion Property; and

WHEREAS, the City Council has determined that the public interest or convenience requires the discontinuance of the use of such land as a public park, that the Flanders Mansion property is no longer necessary for the City's use and that the Flanders Mansion Property should be discontinued as abandoned for use as public parkland; and

WHEREAS, the City scheduled a protest hearing for 16 June 2009 and provided public notice through publication twice in the Carmel Pine Cone on May 15 and 22, 2009, physical posting of the property a minimum of every 300 feet around the perimeter beginning May 14, 2009, and posting of notice at City Hall, the Harrison Memorial Library and the Post Office; and

WHEREAS, the City Council held a protest hearing on 16 June 2009 to receive public comments on the proposed discontinuance and abandonment of the Flanders Mansion Property as public parkland; and

WHEREAS, the City Council has carefully reviewed and considered all written and oral testimony received at, and prior to, the hearing.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF CARMEL-BY-THE-SEA DOES:

Override all written and oral protests against the proposed discontinuance and abandonment of use of the Flanders Mansion Property as public parkland.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 16th day of June, 2009, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

ATTEST: SIGNED,

_________________________ ________________________________
Heidi Burch, City Clerk SUE McCLOUD, MAYOR

Meeting Date: 16 June 2009
Prepared by: Rich Guillen, City Administrator

City Council
Agenda Item Summary


Name: Consideration of an Ordinance (First Reading) Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.

Description: The proposed Ordinance will allow for a special election to be set to allow the City Electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance.

Important Considerations: If the protests are overridden, the Council may then adopt an Ordinance calling for a special election. The Ordinance identifies the property and specifies the date of the election.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL CALLING AND FIXING THE DATE OF A SPECIAL ELECTION TO SUBMIT TO THE CITY ELECTORS THE QUESTION OF DISCONTINUANCE AND ABANDONMENT OF THE USE OF PUBLIC PARK LAND ON WHICH PROTESTS WERE OVERRULED (FIRST READING)

________________________________________________________________________
WHEREAS, the City Council has determined that the parkland known as the Flanders Mansion property is no longer necessary for the City’s use; and

WHEREAS, the public interest or convenience requires the discontinuance of the use of the Flanders Mansion Property as parkland; and

WHEREAS, in accordance with California State Statutes, discontinuance of public park land requires public notice, an opportunity for protests at a public hearing and a subsequent vote of the electorate if the protests are overruled; and

WHEREAS, the City scheduled a protest hearing for 16 June 2009 and provided public notice through publication twice in the in the Carmel Pine Cone on May 15 and 22, 2009, physical posting of the property a minimum of every 300 feet around the perimeter beginning May 14, 2009, and posting of notice at City Hall, the Harrison Memorial Library and the Post Office; and

WHEREAS, the City Council held a protest hearing on 16 June 2009 and has carefully considered all written and oral testimony received at, and prior to, the hearing; and

WHEREAS, the City Council has determined to overrule all protests by a two-thirds majority vote.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby ordain as follows:

Section One. Call Special Election. A special election is hereby called to put to a vote of the City’s electors the question of whether the use of that specific public park land known as the Flanders Mansion Property should be discontinued and abandoned. The specific property subject to this action is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California and situated within the Mission Trail Nature Preserve (APN 010-061-005).

Section Two. Date of Election. The election is hereby called, and will take place on 3 November 2009.

Section Three. Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

Section Four. Effective Date. This ordinance shall become effective 30 days after final adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ____th day of __________ by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

______________________________
SUE McCLOUD, MAYOR

ATTEST:
________________________
Heidi Burch, City Clerk

MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 16, 2009


I. CALL TO ORDER
The special 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
Heidi Burch, City Clerk
George Rawson, Public Safety Director

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

IV. ANNOUNCEMENTS FROM CLOSED SESSION (IF ANY)
There were no announcements, as there was no closed session.

V. PROTEST HEARING
A. Receive protests regarding the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

Mayor McCloud opened the hearing to public comment at 4:38 p.m.

Roberta Miller, Barbara Stiles, Richard Stiles all jointly read into the record the attached statement; Barbara Livingston addressed Council; Melanie Billig, read into the record the attached letter dated June 16, 2009; and Skip Lloyd addressed Council.

Mayor McCloud closed the meeting to public comment at 4:49 p.m.

VI. RESOLUTIONS
A. Consideration of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land.

Council Member ROSE moved adoption of a Resolution of the City Council Overriding All Protests Against Discontinuance and Abandonment of Use of the Flanders Mansion Property as Public Park Land, 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

VII. ORDINANCES
A. Consideration of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled.

Council Member ROSE moved adoption of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled, seconded by Council Member HAZDOVAC.

Mayor McCloud opened the meeting to public comment at 4:52 p.m.

Barbara Livingston and David Keyston addressed Council.

Mayor McCloud closed the meeting to public comment at 4:54 p.m.

Council Member ROSE, on reconsideration, moved adoption of an Ordinance (1st Reading) of the City Council Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled, 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

VIII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 4:57 p.m.

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

CITY COUNCIL BUDGET MEETING FY 2009/10 - 2011/12

NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, June 9, 2009
4:30 p.m.


Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

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

Broadcast date
Sunday, June 14, 2009
8:00 a.m., KMST Channel 26

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Orders of Council
A. Consideration of a Resolution approving the Memorandum of Understanding regarding the Maintenance of Effort requirements related to Proposition 172 funding.

B. Consideration of a Resolution adopting the Fiscal Years 2009/10– 2011/12 Triennial Budget.

V. Adjournment to Closed Session at City Hall
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:
A. Potential Litigation - Government Code Section 54956.9(b).2 – Conference with legal counsel regarding potential litigation – one (1) matter.

B. Labor Negotiations – Gov’t. Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Guillen, to give direction regarding labor negotiations with LIUNA/UPEC Local 792, Carmel Professional Firefighters, and Carmel-by-the-Sea Police Association.

VI. Announcements in Open Session (if any).

VII. Adjournment

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.

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: JUNE 8, 2009
SUBJECT: PROPOSED TRIENNIAL BUDGET FY 2009/2010 THROUGH 2011/2012 REVISIONS


Public input and Council direction was given at the May 27th Triennial Budget hearing.

The comments submitted touched on three main topics: 1) maintain the current Library services; 2) increase the marketing funding; and 3) fund some level of trolley service.

The revised draft budget proposes an increase of revenues to fund the additional items above. The additional Revenues are dependent on Council action to move forward with an increase to the parking citations, agreeing to the Carmel Public Library Foundation proposal to fund one-third of the cost of maintaining library services, and making a fund transfer from the Capital Project Reserve (the proposed revenue adjustments are shown on page 2).

The proposed additional expenditures in the budget also are shown on page 3. Explanation of a few of these items is as follows (the other items need no explanation since they were discussed at the last budget hearing):

1. The proposed increase to the marketing budget is to maintain the current level of destination marketing funding paid to the City’s consultant, Burghardt-Dore. The revised level is $128,750 vs. what was shown in the draft budget or $112,500. No increase to the MCCVB funding, as requested by MCCVB staff and the Carmel Innkeepers Association, is included in the proposed budget amendments. No funding is included for the Carmel Chamber of Commerce for the Guides to Carmel.

2. The trolley service is proposed to operate exclusively on weekends and holidays starting on the 4th of July Weekend and ending on Labor Day. Mr. Hunter Horvath with MST has agreed to this level of service at an estimated operating cost of $12,600.

3. Capital Budget additions are to fund projects that won’t be completed in FY 2008/2009, such as the Forest Theater schematic design, the Scenic Road restrooms (Beacheads), the Mission Trails Nature Preserve footbridge, etc.

4. Reductions in the Departmental expenditures are an adjustment after staff finetuned some of the initial assumptions made with the initial draft of the Triennial Budget.

The combination of the above Revenue increases and Expenditure adjustments provides the City Council with the opportunity to adopt a balanced budget. If, however, the State decides to move forward on borrowing 8% of the City’s property tax or considers other revenue takeaways, staff will return to the Council with a budget adjustment that could have significant adverse impacts on City services.

CITY OF CARMEL-BY-THE-SEA
TRIENNIAL BUDGET
FY 2009/10 THROUGH 2011/12
JUNE 9, 2009 -- SPECIAL CITY COUNCIL MEETING
DRAFT BUDGET PROPOSED CHANGES FOR FY 2009/10:


REVENUES
• Increase parking citations by $5.00 $ 30,000

• Add Library funding per proposal by CPLF and HML Board of Trustees 54,000

• Transfer from Capital Project Reserve to complete capital projects approved in FY 2008/09 104,200

Total $188,200

EXPENDITURES
• Library costs to maintain current service hours
(offset by CPLF and HML Board funding above) $80,000

• Increase SCC Subsidy to $680,000 38,300

• Increase Marketing Expense to FY 08/09 level of $128,750 16,250

• Add support for Trolley Service
(8 hours/day for weekends/holidays July 4th-Sept 7th) 12,600

• Capital budget additions – to complete approved projects from FY 2008/09 104,200

• Reductions to Departmental Expenditures ( 63,150)

Total $188,200

City of Carmel-by-the-Sea
Draft Triennial Budget Revisions
FY 2009/10 Through 2011/12

FY 2009/10 FY 2010/11 FY 2011/12
Revenues:
Total per draft budget $ 13,552,850 $ 13,817,110 $ 14,541,200

Add Parking Citations revenue increase $ 30,000 $ 30,000 $ 32,000

Add Library funding from CPLF and Library Bd of Trustees $ 54,000 $ - $ -

Transfer from Capital Project Reserve
(for FY 08/09 projects completed in FY 09/10) $ 1 04,200

Adjusted Totals $ 1 3,741,050 $ 13,847,110 $ 14,573,200

Expenditures:
Total per draft budget $ 13,552,850 $ 13,817,110 $ 14,541,200

Add Library part-time/on call staffing costs (partially funded by CPLF and Library Bd of Trustees) $ 8 0,000

Increase SCC FY 09/10 Subsidy to $680,000 $ 38,300

Increase Marketing Expense to FY 08/09 level $ 16,250

Add Trolley Service estimated cost $ 12,600

Additions to Capital Budget (FY 08/09 approved projects to be completed in FY 09/10) $104,200

Departmental Expenditures Adjustments $ (63,150) $ 30,000 $ 32,000

Adjusted Totals $13,741,050 $13,847,110 $14,573,200

MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 9, 2009


I. CALL TO ORDER
The special 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 Hazdovac, Rose, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Mike Calhoun, Commander
Joyce Giuffre, Admin. Services Director

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

IV. ORDERS OF COUNCIL
A. Consideration of a Resolution approving the Memorandum of Understanding regarding the Maintenance of Effort requirements related to Proposition 172 funding.

Mayor McCloud opened and closed the meeting to public comment at 4:48 p.m.

Council Member ROSE moved adoption of a Resolution approving the Memorandum of Understanding regarding the Maintenance of Effort requirements related to Proposition 172 funding, seconded by Council Member TALMAGE 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

B. Consideration of a Resolution adopting the Fiscal Years 2009/10– 2011/12 Triennial Budget.

City Administrator Guillen presented the staff report.

Mayor McCloud opened the meeting to public comment at 4:50 p.m.

Melanie Billig spoke about fire services.

Maria Sutherland, Friends of Carmel Forest, spoke in support of retaining the part-time tree waterers.

Carolyn Hardy spoke about fire services.

Carrie Theis, President of the Carmel Innkeepers Association, spoke about adding $5,652 to the Monterey Convention and Visitors Bureau (MCCVB) funding.

John Havelas, Horizon Inn, spoke about maintaining full funding to the MCCVB.

John Lloyd, President of the Carmel Chamber of Commerce, spoke in support of continued partial funding for Guide to Carmel.

Amanda LeVett, Carmel Boutique Inns, spoke in support of funding the City travel website.

Bobby Richards, Lamp Lighter Inn, spoke in support of continued funding for Guide to Carmel.

Shirley Humann spoke about fire services.

Helen Breck, President of the Carmel Public Library Foundation, spoke about library services.

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

Council Member ROSE moved adoption of a Resolution, as modified, adopting the Fiscal Years 2009/10– 2011/12 Triennial Budget, 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

V. ADJOURNMENT

Mayor McCloud declared the meeting adjourned to closed session at 5:59 p.m.

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

Sunday, May 31, 2009

CITY COUNCIL: AGENDA & MINUTES June 2009

AGENDA
Regular Meeting
Tuesday, June 2, 2009
4:30 p.m., Open Session


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

Broadcast date
Sunday, June 7, 2009
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. Certificate of appreciation to Bill Strid for his longtime service as Chairman of the Planning Commission.

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 3rd Quarter Marketing Update and recommendations for FY 2009-10.

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 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 special meeting of April 28, 2009.

B. Ratify the minutes for the regular meeting of May 5, 2009.

C. Ratify the minutes for the special meeting of May 7, 2009.

D. Ratify the minutes for the special meeting of May 12, 2009.

E. Ratify the bills paid for the month of May 2009.

F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.

G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

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 deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).

X. Resolutions
A. Consideration of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration.

B. Consideration of a Resolution authorizing the installation of a three-way stop at the intersection of Junipero and 12th Avenue.

XI. Orders of Council
A. Receive report and provide policy direction regarding returning the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue.

B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.

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

XII. Adjournment

The next meetings of the City Council will be:

Special Budget Meeting – 4:30 p.m.
Tuesday, June 9, 2009
Council Chambers

Special Meeting—Flanders Protest Hearing – 4:30 p.m.
Tuesday, June 16, 2009
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, July 7, 2009
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
June 2, 2009


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 4:32 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
Molly Laughlin, Deputy City Clerk
George Rawson, Public Safety Director
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
Certificate of appreciation to Bill Strid for his longtime service as Chairman of the Planning Commission.
Mayor McCloud presented the certificate to former Planning Commissioner Strid.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session
City Attorney Don Freeman reported the Council had discussed three issues at its Closed Session on June 1. There were no public announcements.

B. Announcements from City Council members.
Mayor McCloud announced that the City had recently received two international delegations: one from Spain, and the other from Sooke, British Columbia, Canada. She also reported that Standard & Poor’s raised the City’s bond rating to AA-plus.

C. Announcements from City Administrator
1. Receive 3rd Quarter Marketing Update and recommendations for FY 2009-10.
Jeff Burghardt, principal of Burghardt + Dore, presented the report.

VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:03 p.m.

Meredith Crowell spoke about marketing to the Central Valley area.

Roberta Miller read a commendation from the Carmel Residents Association to the Carmel Public Library Foundation.

Mayor McCloud closed the meeting to public comment at 5:05 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of April 28, 2009.

B. Ratify the minutes for the regular meeting of May 5, 2009.

C. Ratify the minutes for the special meeting of May 7, 2009.

D. Ratify the minutes for the special meeting of May 12, 2009.

E. Ratify the bills paid for the month of May 2009.

F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.

G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

Item H was pulled by Council Member Talmage for further discussion later in the meeting.

Council Member ROSE moved adoption of the Consent Agenda Items A-G, seconded by
Council Member HAZDOVAC and carried unanimously.

VIII. PUBLIC HEARINGS
A. None.

IX. ORDINANCES
A. Consideration of an Ordinance deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services (Second reading).

Mayor McCloud opened and closed the meeting to public comment at 5:12 p.m.

Council Member ROSE moved adoption of an Ordinance on Second Reading deleting Sections 2.64.030 and 2.64.040 and amending Sections 2.64.050 and 2.64.080 of the Carmel Municipal Code to designate the City Administrator as the Director of Emergency Services, 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

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).

Council Member Hazdovac asked to pull Item IX-B for further discussion later in the meeting.

X. RESOLUTIONS
A. Consideration of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration.

Planning and Building Services Manager Sean Conroy presented the report.

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

Vicki Lynch asked about how the underground water tanks fit into the Master Plan.

Carol Stratton, a member of the Carmel-by-the-Sea Garden Club, spoke in favor of the Plan and pledged the support of her group.

Mayor McCloud opened the meeting to public comment at 5:27 p.m.

Council Member ROSE moved adoption of a Resolution adopting the Del Mar Master Plan and a Mitigated Negative Declaration, 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

B. Consideration of a Resolution authorizing the installation of a three-way stop at the intersection of Junipero and 12th Avenue.

Item X-B was tabled until the July 7, 2009 meeting to allow Council to make a site visit of the area and to notify area residents of the proposed change.

XI. ORDERS OF COUNCIL
A. Receive report and provide policy direction regarding returning the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue.

City Administrator Rich Guillen presented the staff report.

Council Member Hazdovac recused herself, citing that she is an event participant.

Mayor McCloud opened the meeting to public comment at 6:02 p.m.

Robin Hamlin urged keeping the event on a consistent day each year.

Meredith Crowell supported the relocation to the Sunset Center.

Jeff Greenberg, owner of Lloyd’s Shoes, supported the relocation to the Sunset Center.

Monta Potter, chief executive officer of the Carmel Chamber, said that the majority of businesses she surveyed support the relocation to Sunset Center.

Mayor McCloud closed the meeting to public comment at 6:08 p.m.

Council Member TALMAGE moved the return of the 2009 Homecrafters’ Marketplace to the Sunset Center from its current location on Ocean Avenue, seconded by Council Member SHARP and carried (Hazdovac abstaining).

B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.

Planning and Building Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:24 p.m.

Libby Barnes, from US Green Building Council-Monterey Branch, spoke in support of the ordinance.

Carla Ramsay urged keeping the standards flexible and voluntary.

Barbara Livingston spoke about the point system.

Brendan Connolly, a member of the Green Building Committee, spoke about the educational aspects of the program.

Mayor McCloud closed the meeting to public comment at 6:30 p.m.

Council directed staff to accept the recommendations from the Green Building Committee and to move forward with an ordinance for their future consideration.

Item IX-B was moved from earlier in the meeting at the request of Council Member Hazdovac.

B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use
responsibilities to the Planning Commission (First reading).

Planning and Building Manager Sean Conroy presented the staff report.

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

Jonathan Sapp, a Design Review Board member, spoke in opposition.

Keith Patterson, a Design Review Board member, spoke in opposition.

Mayor McCloud closed the meeting to public comment at 6:42 p.m.

Council Member ROSE moved adoption of an Ordinance on First Reading, revising the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission, seconded by Council Member TALMAGE and carried by the following roll call:

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

Item VII-H was pulled by Council Member Talmage for further discussion later in the meeting.

H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.

Mayor McCloud opened the meeting to public comment at 7:06 p.m.

Roberta Miller spoke about the many trucks that are seen in her neighborhood.

Mayor McCloud closed the meeting to public comment at 7:07 p.m.

Council Member ROSE moved adoption of the Consent Agenda Item H, and carried unanimously.

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

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 7:12 p.m.

Respectfully submitted,

_____________________________
Molly Laughlin, Deputy City Clerk

ATTEST:

____________________________
SUE McCLOUD, MAYOR

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