MINUTES REGULAR CITY COUNCIL MEETING CITY OF CARMEL-BY-THE-SEA AMENDED October 8, 2013

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 Burnett called the meeting to order.
II. PRESENT:

Council Members Beach, Hillyard, Vice Mayor Talmage and Mayor Burnett Council Member Theis excused Jason Stilwell, City Administrator Heidi Burch, Asst. City Administrator/City Clerk Mike Calhoun, Public Safety Director Rob Mullane, Community Planning and Bldg Services Director Marc Wiener, Interim Senior Planner

ABSENT: STAFF PRESENT:

III.

PLEDGE OF ALLEGIANCE

Council Member Hillyard led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS

Mayor Burnett noted that there is a break schedule for 6:00 p.m. and all items listed after that will not be heard until 6:00 p.m. He also indicated that two appeals will be continued. The Pepe appeal has been withdrawn by appellant (item VII B) and thus will not be heard; there is also a request for a continuance on item VIII C, the appeal from David Goldenson.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 the 29th District out of order and asked Mr. Stone to present the legislative report. A. Employee Recognition: Rachelle Lightfoot City Administrator Stilwell and Chief Calhoun made the presentation. B. Community Recognition: 9/ 11 Memorial Committee Mayor Burnett presented the Certificate of Appreciation to the firefighter representatives. Mayor Burnett also acknowledged and congratulated the Mavericks Softball Team.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A.

Announcements from Closed Session. City attorney, Don Freeman, read the items into the record and stated that there were no announcements from Closed Session. Mayor Burnett noted that he had recused himself from the closed session discussion regarding the Flanders Mansion due to a potential conflict.

B.

Announcements from City Council members Council Member Beach - Spoke relative to her attendance at the League of California Cities Conference Annual Conference; and announced a two-day FORA colloquium on at CSUMB on December 12 and 13 111' and noted the fundraising campaign for the proposed Veteran's Cemetery Vice Mayor Talmage commented that he had attended the California Transportation Commission meeting in San Luis Obispo and reported that a significant number of funding sources will expire soon. Council Member Steve Hillyard reported on a meeting with SCC regarding performance measures. Mayor Burnett made announcements regarding the following: 1. League Conference 2. Veteran's Cemetery and fundraising ceremony 3. Water issues relative to the settlement agreement 4. The test well issue and getting it permitted for completion probably next fall 5. Key initiative Rio Park, Shoreline and the creation of Ad 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's schedule. On behalf of Council Member Theis, City Administrator Stilwell made an announcement regarding the success of a recent familiarization trip sponsored by the Hospitality Improvement District as well as one coming up soon and included four travel writers. There is another familiarization trip with six other journalists in about a week or so from today. 2. Summary Report from Monday's Workshop City Administrator Stilwell provided highlights of Monday's workshop regarding Public Rights of Way and stated that the video of the workshop is available online. 3. Farmers Market Update

This item was deferred to the corresponding Consent Agenda item to be pulled for discussion 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 on the City's Centennial Celebration. Sue McCloud presented a brief report indicating that the Committee is just getting set up and established and more updates will be forthcoming.
VI. PUBLIC APPEARANCES

Mayor Burnett opened the meeting to public comment at: 5:45p.m. Barbara Livingston noted a donation by the CRA to the Veteran's Cemetery. Leonard O'Neill of the Hotel Workers Union also indicated that they are supporting the Cemetery. Keith Decker addressed Council regarding garbage trucks and the potential nuisance they represent. Mayor Burnett, seeing no additional comments, closed the public comment at 5:48 p.m.

VII.

CONSENT CALENDAR

A. Ratified the minutes for the regular meeting of September 10, 2013.
B. Ratified the bills paid for the period of August 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 on SB232 (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 allow additional items to be pulled for discussion at 5:49p.m.

Seeing no member of the public wishing to pull additional items, the meeting was closed to 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 a brief staff report and introduced Jerry Lami, Executive Director of the West Coast Farmers Market Association and Jan Taylor, Director of Market Operations for the Carmel Farmers 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 from Knapp 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. Motion seconded by Council Member BEACH and carried unanimously.
VIII. ORDERS OF COUNCIL

Mayor Burnett made the following announcements with respect to the Orders of Council. He stated that on item B, the item has been pulled by the appellant and the Council will not be taking 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 entertained motion to grant request. Council Member Hillyard move to continue item C to the next council meeting of November 5. Seconded by Council Member Beach and carried unanimously.
A. Receive a presentation on the Waste Management Resident Survey.

City Administrator Stilwell provided the staff report. Joe Cadelago of Waste Management, Inc. 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 to public comment at 6:57 p.m. Joe Cadelago of Waste Management, Inc. addressed Council questions and concerns.
4

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

The 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 an application (DR 13-21) for the installation of a Rooftop Trellis at Vesuvio Restaurant located at the northwest corner of Junipero Street and Sixth Avenue in the Service Commercial (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 Design Study Application (DS 13-33) for the replacement of an existing wood shingle roof with composition shingles on a residence located on Dolores Street 4 parcels southeast of lOth Avenue, in the Single Family Residential (R-1) Zoning District. The application is being appealed by 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 Design Study (DS 12-68) and Coastal Development Permit applications for the substantial alteration of an existing residence located at the northeast comer of San Antonio and Tenth Avenues, in the Single Family Residential (R-1) Zoning District. The application is being appealed by 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.

Anthony Lombardo, Counsel for the property owners, addressed Council and answered Council questions. Mayor Burnett opened to public comment at 7:49p.m. Barbara 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 of floor 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 back appropriate findings and conditions taking into account condition #3 on page 184 regarding placement of trees, location of new cypress tree may be moved, and condition #1, that any remaining encroachments apply for encroachment permit within 30 days of the decision becoming final and that the applicant revise the plans to provide a consistent mullion patter on upper window (condition #6). Mayor BURNETT seconded.
Don Freeman, direction to staff. Dr. Ghazal agreed to the six conditions. Rob Mullane, Community Planning and Building Services Director, sought clarification from Council on the doors and window on second story front elevation. Findings and revised conditions will be brought back at the next meeting. Forester to work with property owner. Motion carried by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:

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

BEACH, HILLYARD, TALMAGE AND BURNETT NONE THEIS NONE

E.

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

Barbara Livingston addressed Council. The meeting was then closed to public comment by Mayor at 8:50p.m.

Council Member HILLYARD moved to adopt Resolution authorizing additional 111 stop signs at Dolores and 9 A venue. Motion seconded by Council Member BEACH and carried by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:

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

BEACH, HILLYARD, TALMAGE AND BURNETT NONE THEIS NONE

F.

Ratify appointments/reappointments to City Boards and Commissions. Mayor Burnett gave a brief report. Vice Mayor TALMAGE moved to ratify the appointment of Kathryn Gualtieri to the Historic Resources Board for a partial term due to expire on October 2015. 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 15 of the Carmel Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments. Rob Mullane, Community Planning and Building Services Director, presented the staff report. Mayor Burnett opened and closed to public comment at 9:10p.m. Vice Mayor TALMAGE moved to waive further reading and introduced ordinance Amending Title 8 and Title 15 of the Carmel Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments, seconded by Council Member BEACH with amendment to change to 25% from $250,000 to trigger sprinkler retrofit. Motion carried by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:

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

BEACH, HILLYARD , TALMAGE AND BURNETT NONE THEIS NONE

IX.

FUTURE COUNCIL AGENDA ITEMS

A. Receive the Council agenda forecast.

There were a couple of additions as follows: continue the Goldenson appeal, to November, ROW standards for December and the trash can decal as requested by Council Member Beach for November as well as the Boutin findings for November. Council Member Hillyard requested that the Forest Theater renovation be added to the agenda forecast. Mayor Burnett opened and closed to public comment at 9:35 p.m.
Council Member HILLYARD moved to receive the agenda forecast, seconded by Council Member BEACH and carried unanimously. X. ADJOURNMENT

Seeing no further business before the City Council, Mayor Burnett declared the meeting adjourned at 9:35p.m. Respectfully submitted, ATTEST:

Daryl A Betancur, CMC Deputy City Clerk

Jason Burnett, MAYOR