minutes october 8, 2013 11-2013.pdf

8/14/2019 Minutes October 8, 2013 11-2013.pdf

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MINUTESREGULAR CITY COUNCIL MEETINGCITY OF CARMEL-BY-THE-SEAAMENDED

October 8 2013

I CALL TO ORDER

II.

The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, washeld on the above date at the stated hour of 4:35 p.m. Mayor Burnett called the meeting toorder.

PRESENT: Council Members Beach, Hillyard, Vice Mayor Talmage and MayorBurnett

ABSENT: Council Member Theis excusedSTAFF PRESENT: Jason Stilwell, City AdministratorHeidi Burch, Asst. City Administrator/City ClerkMike Calhoun, Public Safety Director

Rob Mullane, Community Planning and Bldg Services DirectorMarc Wiener, Interim Senior Planner

III. PLEDGE O ALLEGIANCECouncil Member Hillyard led the Council and audience in the Pledge ofAllegiance.

IV. EXTRAORDINARY BUSINESSMayor Burnett noted that there is a break schedule for 6:00 p.m. and all items listed after thatwill not be heard until 6:00 p.m. He also indicated that two appeals will be continued. ThePepe appeal has been withdrawn by appellant item VII B) and thus will not be heard; there isalso a request for a continuance on item VIII C, the appeal from David Goldenson.Mayor Burnett took the presentation by Assembly Member Mark Stone who represents the29th District out oforder and asked Mr. Stone to present the legislative report.A. Employee Recognition: Rachelle Lightfoot

City Administrator Stilwell and hiefCalhoun made the presentation.B Community Recognition: 9/ 11 Memorial Committee

Mayor Burnett presented the Certificate ofAppreciation to the firefighter representatives.Mayor Burnett also acknowledged and congratulated the Mavericks Softball Team.

V. ANNOUNCEMENTS ROM CLOSED SESSION FROM COUNCIL MEMBERS ANDTHE CITY ADMINISTRATOR


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A. Announcements from Closed Session.City attorney, Don Freeman, read the items into the record and stated that there wereno announcements from Closed Session. Mayor Burnett noted that he had recusedhimself from the closed session discussion regarding the Flanders Mansion due to apotential conflict.

B. Announcements from City Council membersCouncil Member Beach - Spoke relative to her attendance at the League of California CitiesConference Annual Conference; and announced a two-day FORA colloquium on at CSUMBon December 12 and 13 ' and noted the fundraising campaign for the proposed Veteran'sCemeteryVice Mayor Talmage commented that he had attended the California TransportationCommission meeting in San Luis Obispo and reported that a significant number of fundingsources will expiresoon.Council Member Steve Hillyard reported on a meeting with SCC regarding performancemeasures.Mayor Burnett made announcements regarding the following:1. League Conference2 Veteran's Cemetery and fundraising ceremony3. Water issues relative to the settlement agreement4. The test well issue and getting it permitted for completion probably next fall5. Key initiative Rio Park, Shoreline and the creation ofAd Hoc Committee Carmel Connects trail connectivity; a report will be provided at the November City Council meeting.

C Announcements from City Administrator.1. Assembly Member Mark Stone

This report was taken out of order m consideration of the Assembly Member sschedule.On behalf of Council Member Theis, City Administrator Stilwell made anannouncement regarding the success of a recent familiarization trip sponsored by theHospitality Improvement District as well as one coming up soon and included fourtravel writers. There is another familiarization trip with six other journalists in about aweek or so from today.

2. Summary Report from Monday s WorkshopCity Administrator Stilwell provided highlights of Mondays workshop regardingPublic Rights of Way and stated that the video of the workshop is available online.

3. Farmers Market Update

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This item was deferred to the corresponding Consent Agenda item to be pulled fordiscussion by the Council.4. CalAm Survey

City Administrator Stilwell provided the report regarding the CalAm survey.5. Centennial Committee Update

City Administrator Stilwell and Co-Chair Sue McCloud provided a brief update onthe City s Centennial Celebration.Sue McCloud presented a brief report indicating that the Committee is just getting setup and established and more updates will be forthcoming.

VI PUBLIC APPEARANCESMayor Burnett opened the meeting to public comment at : 5:45p mBarbara Livingston noted a donation by the CRA to the Veteran s Cemetery.Leonard ONeill of the Hotel Workers Union also indicated that they are supporting theCemetery.Keith Decker addressed Council regarding garbage trucks and the potential nuisance theyrepresent.Mayor Burnett, seeing no additional comments, closed the public comment at 5:48 pm

VII. CONSENT CALENDARA. Ratified the minutes for the regular meeting of September 10, 2013.B Ratified the bills paid for the period ofAugust 1 August 30th 2013.C. Received Monthly Fire and Ambulance reports.D Received Monthly Code Compliance update.E. Received Public Records and Media Request Log.F Received Farmers Market update.G Authorize the Mayor to submit letter to the Governor urging passage of and signature onSB232 (Monning) regarding the California Central Coast State Veterans Cemetery at

Fort Ord Endowment Fund.Mayor Burnett pulled Item F. for discussion and opened the meeting to the public to allowadditional items to be pulled for discussion at 5:49p m

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Seeing no member of the public wishing to pull additional items the meeting was closedto public comment at 5:49 p.m.Council Member TALMAGE moved to approve the Consent Calendar items A-E and G.Motion seconded by Council Member HILLYARD and carried unanimously.

VII F) Receive Farmers Market Update.City Administrator Stilwell and Assistant City Administrator/City Clerk Burch provided abrief staff report and introduced Jerry Lami Executive Director of the West CoastFarmers Market Association and Jan Taylor Director ofMarket Operations for the CarmelFarmers Market. Ms. Lami and Mr. Taylor provided the farmer market update.The meeting was opened to public comment at 6:01 p.m.Carl Iverson Monta Potter CEO of the Carmel Chamber of Commerce Keith Decker fromKnapp Hardware store and Barbara Livingston addressed the City Council.The meeting was then closed to public comment at 6:04 p.m.Council Member HILLYARD moved to receive the Farmers Market report. Motionseconded by Council Member BEACH and carried unanimously.

VIII. ORDERS OF COUNCILMayor Burnett made the following announcements with respect to the Orders of Council. Hestated that on item B the item h s been pulled by the appellant and the Council will not betaking that item this evening.On item C there is a request from the applicant for a continuance to the next council meeting.Mayor Burnett open and closed to public comment on item C at 6:21 p.m. He entertainedmotion to grant request. Council Member Hillyard move to continue item C to the nextcouncil meeting of November 5. Seconded by Council Member Beach and carriedunanimously.A. Receive a presentation on the Waste Management Resident Survey.City Administrator Stilwell provided the staff report. Joe Cadelago of Waste ManagementInc. presented the survey results.Mayor Burnett opened the meeting to public comment at 6:48 p.m.Carl Iverson Sue McCloud and Keith Decker addressed the City Council.Seeing no further comments the Mayor closed the meeting t public comment at 6:57 p mJoe Cadelago of Waste Management Inc. addressed Council questions and concerns.


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Mayor Burnett reopened to public comment at 7:04p mMonta Potter, Barbara Livingston and another local resident addressed Council.Mayor Burnett seeing no additional speakers, closed to public comment at 7:06p mCouncil Member Beach stated that this is a formal request that for the next City Councilmeeting she would like to see a mock-up of stickers for the bins perhaps: 1 for backyardpick-ups that will go on all three cans; 2) a sticker that outlines what can be recycled and howyou can accomplish that; and 3 a sticker that will say when in doubt recycle; and should beon a clear background with White lettering.Vice Mayor Talmage made brief comments relative to the results of the survey noting thatmany of the majority of the people on many questions answered that they had no idea and thisis indicative that our entire education on this has failed and we must figure out a way tocommunicate and educate the community.Council Member HILLYARD moved to receive and file the Waste Management Surveyreport Motion seconded by Vice Mayor TALMAGE and carried unanimously.

A short break has been scheduled Items after break will not start before 6:00 p mThe Council took a break at 7:13p m and reconvened at 7:30p m

B Consideration of an appeal of the Planning Commission s decision to deny anapplication (DR 13-21) for the installation of a Rooftop Trellis at Vesuvio Restaurantlocated at the northwest corner of Junipero Street and Sixth Avenue in the ServiceCommercial (SC) Zoning District. The appellant is Richard Pepe.This appeal has been withdrawn by the applicant

C Consideration of an appeal of the Planning Commission s decision to deny a DesignStudy Application (DS 13-33) for the replacement of an existing wood shingle roofwithcomposition shingles on a residence located on Dolores Street 4 parcels southeast oflOth Avenue, in the Single Family Residential (R-1) Zoning District. The application isbeing appealed y the property owner, David Goldenson.This appeal has been continued to the next City Council meeting

D Consideration of an appeal of the Planning Commission s decision to approve DesignStudy (DS 12-68) and Coastal Development Permit applications for the substantialalteration of an existing residence located at the northeast comer of San Antonio andTenth Avenues, in the Single Family Residential (R-1) Zoning District. The applicationis being appealed y the Eastern property owners, Steve and Peter Boutin.Marc Wiener, Interim Senior Planner, provided the staff report.Peter Boutin, appellant, came forth and answered Council s questions.

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Anthony Lombardo, Counsel for the property owners, addressed Council and answeredCouncil questions.Mayor Burnett opened t public comment at 7:49p mBarbara Livingston addressed the Council.Peter Boutin provided additional information relative to the appeal.Mayor Burnett, seeing no additional comments, closed the public comment at 7:53p.m.Peter Boutin, Anthony Lombardo, Dr. Ghazal, the property owner, and Jun Sillano,architect for the project, then addressed Council questions.Don Freeman, City Attorney recommended a discussion of the roof ridge and height offloor plates in addition to the Council bringing back findings at its next meeting.Council Member HILLYARD moved to deny appeal and asked staff to bring backappropriate findings and conditions taking into account condition 3 on page 184regarding placement of trees, location of new cypress tree may be moved, andcondition 1, that any remaining encroachments apply for encroachment permitwithin 30 days of the decision becoming final and that the applicant revise the plansto provide a consistent mullion patter on upper window (condition 6). MayorBURNETT seconded.Don Freeman, direction to staff.Dr. Ghazal agreed to the six conditions.Rob Mullane, Community Planning and Building Services Director, sought clarificationfrom Council on the doors and window on second story front elevation.Findings and revised conditions will be brought back at the next meeting. Forester towork with property owner.Motion carried by the following roll call vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

BEACH, HILLYARD, TALMAGEAND BURNETTNONETHEISNONE

E. Consideration of a Resolution authorizing additional stop signs at Dolores & 9thAvenue.City Administrator, Stilwell and Public Safety Director, Calhoun jointly presented thestaff report.Mayor Burnett opened the meeting to public comment at 8:50p m

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Barbara Livingston addressed Council.The meeting was then closed to public comment by Mayor at 8:50p mCouncil Member HILLYARD moved to adopt Resolution authorizing additionalstop signs at Dolores and 9 A venue Motion seconded by Council MemberBEACH and carried by the following roll call vote:AYES:NOES:ABSENT:ABSTAIN:

COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:COUNCIL MEMBERS:

BEACH, HILLYARD, TALMAGEAND BURNETTNONETHEISNONEF Ratify appointments/reappointments to City Boards and Commissions.

Mayor Burnett gave a brief report.Vice Mayor TALMAGE moved to ratify the appointment of Kathryn Gualtierito the Historic Resources Board for a partial term due to expire on October2015 Motion seconded by Council Member BEACH and carried unanimously.

G Consideration of an Ordinance of the City Council of the City of Carmel-by-theSea Amending Title 8 and Title 5 of the Carmel Municipal Code and adopting the2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing,Electrical, and California Green Codes with Amendments.Rob Mullane, Community Planning and Building Services Director, presented thest ff report.Mayor Burnett opened and closed to public comment at 9:10p mVice Mayor TALMAGE moved to waive further reading and introduced ordinanceAmending Title 8 and Title 15 of the Carmel Municipal Code and adopting the 2013California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, andCalifornia Green Codes with Amendments, seconded by Council Member BEACH withamendment to change to 25% from 250,000 to trigger sprinkler retrofit. Motion carriedby the following roll call vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

IX FUTURE COUNCIL AGENDA ITEMSA Receive the Council agenda forecast.

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BEACH, HILLYARD, TALMAGEAND BURNETTNONETHEISNONE


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There were a couple of additions as follows: continue the Goldenson appeal to NovemberROW standards for December and the trash can decal s requested y Council MemberBeach for November as well as the Boutin findings for November.Council Member Hillyard requested that the Forest Theater renovation e added to theagenda forecast.Mayor Burnett opened and closed to public comment at 9:35 p.m.Council Member HILLYARD moved to receive the agenda forecast seconded byCouncil Member BEACH and carried unanimously.

X. ADJOURNMENTSeeing no further business before the City Council Mayor Burnett declared the meetingadjourned at 9:35p mRespectfully submitted

Daryl A Betancur CMCDeputy City Clerk

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ATTEST:

Jason Burnett MAYOR

minutes october 8, 2013 11-2013.pdf

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