minutes city council november 5, 2013 12-03-13

8/13/2019 MINUTES City Council November 5, 2013 12-03-13

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MINUTESREGULAR CITY COUNCIL MEETINGCITY OF CARMEL-BY-THE-SEANovember 5 2013

I. CALL TO ORDER

II.

The regular meeting o the City Council o the City o Carmel-by-the-Sea California washeld on the above date at the stated hour o 4:32 p.m. Mayor Burnett called the meeting toorder.

PRESENT: Council Members Beach llillyard Theis Vice Mayor Talmage andMayor Burnett.ABSENT: None

STAFF PRESENT: Jason Stilwell City AdministratorDon Freeman City AttorneyDaryl A. Betancur Deputy City ClerkMike Calhoun Public Safety DirectorSusan Paul Administrative Services DirectorSharon Friedrichsen Public Services DirectorRob Mullane Community Planning Building Services DirectorMarc Wiener Interim Senior PlannerIII. PLEDGE OF ALLEGIANCE

City Attorney Freeman led the Council and audience in the Pledge o Allegiance.IV. EXTRAORDINARY BUSINESS

A. Employee Recognition: Deanna Allen and Dave JedinakCity Administrator Stilwell made brief remarks about the two recipients and offeredcongratulations.

B. Community Recognition: 3001h Birthday o Father Junipero SerraMayor Burnett presented the Proclamation to Father Paul Murphy who received it onbehalf bishop Garcia and to Mr. Don Baumann President o the Serra Club o MontereyPeninsula.Fr. Murphy made brief comments and thanked the Council for this recognition.

V. ANNOUNCEMENTS FROM CLOSED SESSION FROM COUNCIL MEMBERS ANDTHE CITY ADMINISTRATORA. Announcements from Closed Session.


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perception of a problem; there is an economic impact and quantitative value to theparking issue to the community; more demand than supply in the commercialcorridor; spoke about policy goals, expense to the community in terms of impact tocommunity and businesses and the environment; and that he will return to the CityCouncil with action items in December.3. Agenda Forecast- Mr. Stilwell made brief comments relative to the forecasthighlighting projects related to key initiatives and when these will be coming

forward.4. City Administrator Stilwell commented on the Conde Nast reader s choice award-20 13 rankings and stated that Carmel was in th place for aU US cities with an overallrating of79.5. ADD ON City Administrator Stilwell made brief comments about the gourmet festevent and asked David Fink to provide a brief report. Mr. Fink presented a briefreport indicating the details of what the proposed gourmet fest will be like, where itwill be held and specific dates. Mr. Fink stated that the event is to be held March 27-30, 2014; and that a formal press release will be issued next month.

VI. PUBLIC APPEARANCESMayor Burnett opened the meeting to public comment at: 5:43 p.m.Cindy Lloyd - Spoke about Veterans Day, and requested that the city refrain from affixing tothe memorial arch and bell at San Carlos Street and Ocean venue any holiday decorations.Barbara Livingston- Spoke about the Birthday parade and how wonderful it was; and howhaving music made a difference with the Bag Pipers.Mayor Burnett, seeing no additional comments, closed the public comment at 5:46 p.m. Heannounced that there will be a Veteran s Day celebration on Monday, November 11 , at 11:00a.m. at Devendorf Park

VII. CONSENT CALENDAR 5: 7pmA. Ratified the minutes for the regular meeting of October 8 2013.B Ratified the bills paid for the period of September 1 -September 301h, 2013.C. Ratified direction given to staff relative to Public Rights of Way (ROW) Encroachment

Workshop discussion of October 7, 2013.D. Received Monthly Fire and Ambulance reports.E. Received Monthly Code Compliance update.F Received Public Records and Media Request Log.

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G. Considered findings for approval of Design Study (DS 12-68) and associated CoastalDevelopment Permit for the alteration of an existing residence located at the northeastcorner of San Antonio Drive and Tenth Avenues, in Single-Family Residential (R-1)Zoning District.H Considered a Resolution calling the April 8 2014, General Municipal Election for thepurposes of filling two seats on the Carmel-by-the-Sea City Council and the Mayor s seat;and authorizing the City to request the Monterey County Elections Department to release

voter records; and authorize the City Administrator to enter into a Professional ServicesAgreement with Martin Chapman Election Consultants for purposes of the GeneralMunicipal Election.I Received and filed the Waste Management Franchise Agreement Scorecard.J. Approved establishment of a Building Permit fee for State-mandated weekly constructioninspections during the wet season within Carmel Bay Area of Special BiologicalSignificance Watershed.K Considered a Resolution authorizing the examination of Sales or Transactions and Use

Tax records by individuals or positions named in the Resolution.L Considered a Resolution adopting the inflation and City population as the factors for thepurpose of determining the City s Fiscal Year 2013-14 Gann Limit, and accepting thecalculated Gann Limit.M Considered a Resolution amending the City s position classification and salary plan byadopting the jo description and salary schedule/range for the Senior Human

IV .Mayor Burnett read the consent calendar items into the record and asked ifmembers of theCity Council wished to pull any items. Seeing none, he asked members of the public ifanyone wished to pull any items, seeing none, he entertained a motion to approve theconsent calendar with supplemental information on Item M, corrections to the minutes ofOctober 8, 2013 and correction to Item C, the ROW workshop summary.Mayor Pro Tern TALMAGE moved to approve the Consent Calendar items A M withthe noted adjustments t the three items. Motion seconded by Council MemberBEACH and carried unanimously.

VIII. ORDERS OF COUNCILA. Received first Quarter Financial Report.

City Administrator Stilwell provided the staff report highlighting both the summariesincluded in the report in terms of the revenues and expenditures . He also made i fcomments about the capital improvement projects.Council Member Theis stated that she appreciates the list of capital projects, which gives agood summary of the on-going and future projects.

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AYES: COUNCil__ MEMBERS:

NOES : COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN:COUNCIL MEMBERS:

BEACH, HILLYARD, THEIS . TALMAGEMAYOR BURNETTNONENONENONE

A short break has been scheduled Items after break will ot start before 6:00 p mThe Council took a break/recessed at 6:25 p m and reconvened at 6:35 p m

C Consideration o an appeal o the Planning Commission s decision to approve a UsePermit (UP 13-13) with special conditions for the expansion o an existing restaurantlocated on the west side o San Carlos Street between Ocean and Seventh A venues inthe Doud building. A condition o approval is being appealed by the restaurant owner:Chloe Dolata

Mayor Pro Tern Talmage and City Attorney Don Freeman recused themselves from thediscussion because they have properties within 500 feet o the subject property andaccordingly left the dais.Marc Wiener provided the report and provided definitions for full-line restaurant;specialty restaurants; the fact that at this establishment customers pay before whichmakes it non-conforming; that non-conforming uses cannot expand to new portions othe building according to the code and that the staff report presents options for thecouncil to consider; 1 for applicant to apply for zoning code amendment to amenddefinition o a full-line restaurant; and 2) council could potentially authorize the nonconforming use to be continued under its current footprint, which will allow customersto eat there and pay before they eat and in the new expanded area they will have to payafter their meals.There were several comments and questions from the Council to Mr. Wiener whoprovided additional information relative to the appeal.Jay Dolata- Appellant and owner o Carmel Belle appeared before the council to requestthat the Council approves his proposal and made comments relative to the support he hasreceived from the community.Mayor Burnett opened the public comment at 7:01p mJohn Plastini, Erick Schlausser, Marie Johnston, Ben Smith, Mike Albo, ChrisCampbell, Megan Terry, John Sapp all spoke in favor o Carmel Belle s proposal.Roberta Miller - spoke about the difficult decision the council has because it conflictswith existing guidelines and stated that she is in favor o upholding the PlanningCommission s decision.

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Barbara Livingston - commented that legislation should be based on law not on thepopularity of the food, the people or any else; and it should be in what is best forCarmel.Mayor Burnett closed the public comment at 7:23p.m.There was a period of questions and comments about variances from council to staffwith Community Planning and Building Director Mullane providing answers based onmunicipal code provisions citing 17.14.040.Mayor Burnett called for a brief recess at 7:35p.m. and reconvened the meeting at 7:46p.mFollowing the recess, the council engaged in a lengthy discussion relative to thedefinition of a use permit variance and with members of the council seeking furtherclarification on aspects of the proposal, particularly relative to the definition of full -linerestaurant vs. a specialty restauran t; municipal code section 17.14.040 (b); as well asADA reasonable accommodations.

Mayor Burnett stated that recognizing that this has been a non-conforming use for sometime, it would be reasonable to say that special condition 3 in light of the fact that andas part of the reason to have a larger area has to do with demands of customers includingADA compliance to provide that flow for individuals wit ADA needs or needreasonable accommodations under ADA; condition 3 would need to be met within a 24month period.Mayor BURNETT moved to approve the permit as reviewed by the PlanningCommission with the four special conditions adding that condition 3 must be metwithin a 24-month period and include an amendment that based on ADAconsiderations the Council finds it reasonable to allow a 2-year period for theapplicant to come into compliance with condition 3. Motion and amendmentseconded y Council Member BEACH and carried by the following roll call vote:Prior to roll call Council Member Hillyard stated that he did not see a connectionbetween paying at the counter and ADA compliance.Council Member Theis clarified that what we are trying to do is to allow them a 24month period to allow them to do business thus giving the appellant time to expand andcomply under ADA with Mayor Burnett further clarifying the council's action for therecord.Council Member THEIS called for the question. ayor Burnett asked a roll call as towhether or not the council wished to call for the question. The following roll call wasconducted:AYES:NOES:ABSENT:

COUNCIL MEMBERS:COUNCIL MEMBERS :COUNCIL MEMBERS:7

BEACH, AND THEISHILLYARD AND MAYOR BURNETTNONE


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ABSTAIN: COUNCIL MEMBERS: TALMAGECall for the question fails. Mayor Burnett allowed additional discussion/comments byCouncil Member Hillyard.Roll call for the original motion on the table:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

BEACH, THEIS, AND MAYORBURNETTHILLYARDNONETALMAGE

D Consideration o a Resolution approving a Solid Waste/Recycling Hauler Rate Increase.

Sharon Friedrichsen, Public Services Director presented the staff report highlightingcertain aspects o the PowerPoint with respect to the disposal pass thru; cost o livingadjustment; rate to go in effect January 1 2013; and staff requests Jan 5, 20 14 for thenew rate to go into effect i approved.Ms. Friedrichsen and Joe Catalougo representative o Waste Management addressedcouncil's questions.The council deliberated and concluded that an increase as noted in the staff report and asrecommended by staff was not warranted and proposed approval o a total o 1.53 asopposed to the recommended 2.53 .Mayor Burnett opened to public comment at : 24 p.m.Barbara Livingston- commented that this is a great idea and glad they are movingforward.Mayor Burnett, seeing no additional comments, closed the public comment at 8:26p mThere was a brief discussion about the recommended rate relative to what is required vs.what is discretionary.Mayor Pro Tern TALMAGE moved to approve an increase of 1.03 as required bythe contract and 50 basis points for a total increase of 1.53 . Motion seconded byMayor BURNETT with the friendly amendment that the discretionary increase wouldonly be effective upon the stickers being physically on the cans and that WasteManagement would have responsibility for doing that with the clarification to themotion that this entails four stickers, one back yard service sticker on each o the threecans and some sticker on the recycling bin with staff to work out the details. Motioncarried by the following roll call vote:

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AYES: COUNCIL MEMBERS :

NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

BEACH, THEIS, TALMAGE MAYORBURNETTHILLYARDNONNONE

E. Consideration of a Resolution adopting the City Fiscal Year FY) 2013-2017Information Technology Strategic Plan.Susan Paul, Administrative Services Director presented the staff report indicating thatthe final plan includes five goals and that there are eight IT initiatives.There were several comments and questions from council with Mayor Pro Tern Talmagestating that the four needs on page 6 of the report is exactly what we want and to keep itsimple; and to focus on core competencies.Mayor Burnett opened /closed the meeting to public comment at 8:43p m .Mayor Burnett further commented that he would like to see the Granicus systemexpanded to all Boards and Commissions and as it relates to the mission/visionstatement, he made a suggestion that he does not want the technology itself to beinnovative and not a focus on the technology but on the use of the technology and askedhow this is incorporated into the vision statement before the council Susan Paul,Administrative Services Director stated she will make that change as requested.Council Member IDLLYARD moved to adopt the Resolution adopting the CityFiscal Year FY) 2013-2017 Information Technology aT Strategic Plan. Motionseconded by Council Member THEIS and carried unanimously.

F Introduction of an Ordinance First Reading) amending Title 8 and Title 15 of theCarmel-by-the-Sea Municipal Code and adopting the 2013 California Building,Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codeswith Amendments. First reading and introduction)Rob Mullane, Community Planning and Building Director presented the staff report.There were several questions posed to Mr. Mullane relative to contents of the staffreport.Mayor Burnett opened /closed the meeting to public comment at 8:55 p.m.Council Member HILLYARD moved to waive further reading and introduce theordinance amending Title 8 and Title 15 of the Carmel-by-the-Sea Municipal Codeand adopting the 2013 California Building, Residential, Energy, Fire, Mechanical,Plumbing, Electrical, and California Green Codes with Amendments. Motionseconded by Mayor ProTem TALMAGE and carried unanimously.

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IX FUTURE COUNCIL GEND ITEMSA Receive the Council agenda forecast.

Mayor Burnett asked if members of the public wished to suggest any items be included inthe agenda forecast seeing none he opened/closed to public comment a t 8:59 p mX ADJOURNMENT

Seeing no further business before the City Council Mayor Burnett declared the meetingadjourned at 9:00 p m

Respectfully submitted

Daryl A Betancur CMCDeputy City Clerk

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ATTEST:

Jason Burnett M YOR

minutes city council november 5, 2013 12-03-13

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