MINUTES REGULAR CITY COUNCIL MEETING CITY OF CARMEL-BY-THE-SEA

November 5, 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 4:32 p.m. Mayor Burnett called the meeting to order.

II.

PRESENT:

Council Members Beach, llillyard, Theis, Vice Mayor Talmage and Mayor Burnett. None

ABSENT:

STAFF PRESENT: Jason Stilwell, City Administrator Don Freeman, City Attorney Daryl A. Betancur, Deputy City Clerk Mike Calhoun, Public Safety Director Susan Paul, Administrative Services Director Sharon Friedrichsen, Public Services Director Rob Mullane, Community Planning & Building Services Director Marc Wiener, Interim Senior Planner III. PLEDGE OF ALLEGIANCE
City Attorney Freeman led the Council and audience in the Pledge of Allegiance.

IV.

EXTRAORDINARY BUSINESS
A. Employee Recognition: Deanna Allen and Dave Jedinak

City Administrator Stilwell made brief remarks about the two recipients and offered congratulations. B. Community Recognition: 3001h Birthday of Father Junipero Serra Mayor Burnett presented the Proclamation to Father Paul Murphy who received it on behalf bishop Garcia and to Mr. Don Baumann, President of the Serra Club of Monterey Peninsula. Fr. Murphy made brief comments and thanked the Council for this recognition.

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 are no reports for the public for any of the closed session items, except for item D where there may be an announcement. Mayor Burnett indicated that item D relates to the performance evaluation of the City Attorney and praised Mr. Freeman for his 30 years of service to the City. B. Announcements from City Council members
Council Member Hillyard- No announcements Council Member Theis - reported having attended the League of California Cities annual conference in September and spoke about networking with other elected officials; and the positive position the City is in relative to other cities across the state. Vice Mayor Talmage - spoke about the birthday parade and praised staff; about AMBAG housing needs methodology; and the housing allocation which is to be approved next Wednesday. Council Member Beach - spoke about the report given at the City Council meeting relative to the farmers market and noted for the public that it is a year round farmers market not seasonal; spoke about the synergy of the market and stated she will be holding office hours at the market. Mayor Burnett made announcements regarding the following: Veterans cemetery making progress completing phase one; spoke about looking at starting second phase right away; on the ad-hoc trail committee he stated that they will be more progress and will report more at the next council meeting; reminded people about this day being election day.

C.

Announcements from City Administrator. 1. City Administrator Stilwell announced that Mr. David Stoldt1- General Manager of the Monterey Peninsula Water Management District is here to give a presentation and update on the water supply projects. Mr. Stoldt! presented a PowerPoint presentation highlighting the following: supply gap, how litigation was turned into collaboration, legislation, public outreach and the bond issue. There were several questions and comments from council which were answered by and responded to by Mr. Stoldt! Mayor Burnett made three announcements relative to this topic as follows: I) RFP process for selecting a design-build firm for the Desai facility; 2) spoke relative to the test wells for the source water and the construction season and it looks like Cal Am for a variety of reasons is not going to meet that window; and 3) on the Ground Water Recycling project that the Water Authority is engaging with the Water Management District and the Pollution Control District to figure out where the key impediments on that project moving forward are. 2. Summary Report from Monday's Workshop City Administrator Stilwell provided the staff report indicating that the workshop was on parking management and that in summary there is a parking problem or at least a

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perception of a problem; there is an economic impact and quantitative value to the parking issue to the community; more demand than supply in the commercial corridor; spoke about policy goals, expense to the community in terms of impact to community and businesses and the environment; and that he will return to the City Council with action items in December. 3. Agenda Forecast- Mr. Stilwell made brief comments relative to the forecast highlighting projects related to key initiatives and when these will be coming forward. 4. City Administrator Stilwell commented on the Conde Nast reader's choice award20 13 rankings and stated that Carmel was in 6th place for aU US cities with an overall rating of 79. 5. ADD-ON- City Administrator Stilwell made brief comments about the gourmet fest event and asked David Fink to provide a brief report. Mr. Fink presented a brief report indicating the details of what the proposed gourmet fest will be like, where it will be held and specific dates. Mr. Fink stated that the event is to be held March 2730, 2014; and that a formal press release will be issued next month.
VI. PUBLIC APPEARANCES

Mayor 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 to the memorial arch and bell at San Carlos Street and Ocean A venue any holiday decorations. Barbara Livingston- Spoke about the Birthday parade and how wonderful it was; and how having music made a difference with the Bag Pipers. Mayor Burnett, seeing no additional comments, closed the public comment at 5:46 p.m. He announced that there will be a Veteran's Day celebration on Monday, November 11 , at 11:00 a.m. at Devendorf Park
VII. CONSENT CALENDAR- 5:47pm

A. Ratified the minutes for the regular meeting of October 8, 2013.

B. Ratified the bills paid for the period of September 1 -September 30 h, 2013 .
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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 Coastal Development Permit for the alteration of an existing residence located at the northeast corner 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 the purposes 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 Services Agreement with Martin & Chapman Election Consultants for purposes of the General Municipal Election. I.

Received and filed the Waste Management Franchise Agreement Scorecard.

J. Approved establishment of a Building Permit fee for State-mandated weekly construction inspections during the wet season within Carmel Bay Area of Special Biological Significance 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 the purpose of determining the City's Fiscal Year 2013-14 Gann Limit, and accepting the calculated Gann Limit. M . Considered a Resolution amending the City' s position classification and salary plan by adopting the job description and salary schedule/range for the Senior Human IV .

Mayor Burnett read the consent calendar items into the record and asked if members of the City Council wished to pull any items. Seeing none, he asked members of the public if anyone wished to pull any items, seeing none, he entertained a motion to approve the consent calendar with supplemental information on Item M, corrections to the minutes of October 8, 2013 and correction to Item C, the ROW workshop summary. Mayor Pro Tern TALMAGE moved to approve the Consent Calendar items A-M with the noted adjustments to the three items. Motion seconded by Council Member BEACH and carried unanimously.

VIII. ORDERS OF COUNCIL

A. Received first Quarter Financial Report. City Administrator Stilwell provided the staff report highlighting both the summaries included in the report in terms of the revenues and expenditures. He also made brief comments about the capital improvement projects. Council Member Theis stated that she appreciates the list of capital projects, which gives a good summary of the on-going and future projects.

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Council Member Beach spoke about the parking workshop held the night before and how fantastic it was. Mayor Pro Tern Talmage spoke about the capital projects in relation to the work that is going on currently. He indicated that the City is trying to complete these projects before the rainy season. Mayor Burnett opened the meeting to public comment at 5:58 p.m. Barbara Livingston- made brief comments about the update to the key initiatives for 2014. Seeing no further comments, Mayor Burnett closed the meeting to public comment at 5:59 p.m. Mayor Burnett indicated that there will be a workshop on the key initiatives on December 2 during the Council Workshop at 5:30p.m. Council Member HILLYARD moved to receive and file the 1st quarter financial report. Motion seconded by Mayor Pro Tern TALMAGE and carried unanimously.
B. 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 1Otb Avenue, in the Single-Family Residential (R-1) Zoning District. The application is being appealed by the property owner, David Goldenson.

Marc Wiener, Interim Senior Planner presented the staff report and stated that staff recommends denying the appeal. Council members asked several questions in relation to the single roof proposal. Mr. David Goldenson, the appellant made several comments relative to watching the city council video; and clarified the record on what was said at the last meeting pertaining to the houses on each side to his. Mayor Burnett opened and closed to public comment at 6:11 p.m. Barbara Livingston - offered that in recent years the design guidelines have tightened and that these provide guidance. Seeing no further public comments, Mayor Burnett closed the meeting to public comment at 6:13p.m. Members of the City Council engaged in a substantive discussion about the appeal with Mr. Goldenson and Interim Senior Planner Wiener answering council's questions. Council Member BEACH moved to deny the appeal and uphold the decision of the Planning Commission. Motion seconded by Council Member HILLYARD and carried by the following roll call:

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AYES:

COUNCil__ MEMBERS:

BEACH, HILLYARD, THEIS. TALMAGE & MAYOR BURNETT NONE NONE NONE

NOES :

COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS: ABSTAIN:COUNCIL MEMBERS:

A short break has been scheduled. Items after break will not start before 6:00 p.m.

The Council took a break/recessed at 6:25 p.m. and reconvened at 6:35 p.m.
C.

Consideration of an appeal of the Planning Commission's decision to approve a Use Permit (UP 13-13) with special conditions for the expansion of an existing restaurant located on the west side of San Carlos Street between Ocean and Seventh Avenues in the Doud building. A condition of approval is being appealed by the restaurant owner: Chloe Dolata Mayor Pro Tern Talmage and City Attorney Don Freeman recused themselves from the discussion because they have properties within 500 feet of the subject property and accordingly 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 which makes it non-conforming; that non-conforming uses cannot expand to new portions of the building according to the code and that the staff report presents options for the council to consider; 1) for applicant to apply for zoning code amendment to amend definition of a full-line restaurant; and 2) council could potentially authorize the nonconforming use to be continued under its current footprint, which will allow customers to eat there and pay before they eat and in the new expanded area they will have to pay after their meals. There were several comments and questions from the Council to Mr. Wiener who provided additional information relative to the appeal. Jay Dolata- Appellant and owner of Carmel Belle appeared before the council to request that the Council approves his proposal and made comments relative to the support he has received from the community. Mayor Burnett opened the public comment at 7:01p.m. John Plastini, Erick Schlausser, Marie Johnston, Ben Smith, Mike Albo, Chris Campbell, Megan Terry, John Sapp all spoke in favor of Carmel Belle' s proposal. Roberta Miller - spoke about the difficult decision the council has because it conflicts with existing guidelines and stated that she is in favor of upholding the Planning Commission' s decision.

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Barbara Livingston - commented that legislation should be based on law not on the popularity of the food, the people or any else; and it should be in what is best for Carmel. Mayor Burnett closed the public comment at 7:23p.m. There was a period of questions and comments about variances from council to staff with Community Planning and Building Director Mullane providing answers based on municipal code provisions citing 17.14.040. Mayor Burnett called for a brief recess at 7:35p.m., and reconvened the meeting at 7:46
p.m.

Following the recess, the council engaged in a lengthy discussion relative to the definition of a use permit variance and with members of the council seeking further clarification on aspects of the proposal, particularly relative to the definition of full -line restaurant vs. a specialty restaurant; municipal code section 17.14.040 (b); as well as ADA reasonable accommodations. Mayor Burnett stated that recognizing that this has been a non-conforming use for some time, it would be reasonable to say that special condition #3 in light of the fact that and as part of the reason to have a larger area has to do with demands of customers including ADA compliance to provide that flow for individuals with ADA needs or need reasonable accommodations under ADA; condition #3 would need to be met within a 24 month period. Mayor BURNETT moved to approve the permit as reviewed by the Planning Commission with the four special conditions adding that condition #3 must be met within a 24-month period and include an amendment that based on ADA considerations the Council finds it reasonable to allow a 2-year period for the applicant to come into compliance with condition #3. Motion and amendment seconded by 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 connection between paying at the counter and ADA compliance. Council Member Theis clarified that what we are trying to do is to allow them a 24 month period to allow them to do business thus giving the appellant time to expand and comply under ADA with Mayor Burnett further clarifying the council's action for the record. Council Member THEIS called for the question. Mayor Burnett asked a roll call as to whether or not the council wished to call for the question. The following roll call was conducted: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS : COUNCIL MEMBERS: BEACH, AND THEIS HILLYARD AND MAYOR BURNETT NONE

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ABSTAIN:

COUNCIL MEMBERS:

TALMAGE

Call for the question fails. Mayor Burnett allowed additional discussion/comments by Council Member Hillyard. Roll call for the original motion on the table: AYES: COUNCIL MEMBERS: BEACH, THEIS, AND MAYOR BURNETT HILLYARD NONE TALMAGE

NOES: ABSENT: ABSTAIN:

D.

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

Consideration of a Resolution approving a Solid Waste/Recycling Hauler Rate Increase. Sharon Friedrichsen, Public Services Director presented the staff report highlighting certain aspects of the PowerPoint with respect to the disposal pass thru; cost of living adjustment; rate to go in effect January 1, 2013; and staff requests Jan 5, 2014 for the new rate to go into effect if approved. Ms. Friedrichsen and Joe Catalougo representative of Waste Management addressed council's questions. The council deliberated and concluded that an increase as noted in the staff report and as recommended by staff was not warranted and proposed approval of a total of 1.53% as opposed to the recommended 2.53%. Mayor Burnett opened to public comment at 8: 24 p.m. Barbara Livingston- commented that this is a great idea and glad they are moving forward. Mayor Burnett, seeing no additional comments, closed the public comment at 8:26p.m. There 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 by the contract and 50 basis points for a total increase of 1.53%. Motion seconded by Mayor BURNETT with the friendly amendment that the discretionary increase would only be effective upon the stickers being physically on the cans and that Waste Management would have responsibility for doing that with the clarification to the motion that this entails four stickers, one back yard service sticker on each of the three cans and some sticker on the recycling bin with staff to work out the details. Motion carried by the following roll call vote:

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AYES:

COUNCIL MEMBERS :

BEACH, THEIS, TALMAGE & MAYOR BURNETT HILLYARD NONE NONE

NOES: ABSENT: ABSTAIN:

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

E.

Consideration of a Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology Strategic Plan. Susan Paul, Administrative Services Director presented the staff report indicating that the final plan includes five goals and that there are eight IT initiatives. There were several comments and questions from council with Mayor Pro Tern Talmage stating that the four needs on page 6 of the report is exactly what we want and to keep it simple; 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 system expanded to all Boards and Commissions and as it relates to the mission/vision statement, he made a suggestion that he does not want the technology itself to be innovative and not a focus on the technology but on the use of the technology and asked how 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 City Fiscal Year (FY) 2013-2017 Information Technology aT) Strategic P lan. Motion seconded by Council Member THEIS and carried unanimously.

F.

Introduction of an Ordinance (First Reading) amending Title 8 and Title 15 of the Carmel-by-the-Sea Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with 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 staff report. Mayor Burnett opened /closed the meeting to public comment at 8:55 p.m. Council Member HILLYARD moved to waive further reading and introduce the ordinance amending Title 8 and Title 15 of the Carmel-by-the-Sea Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments. Motion seconded by Mayor ProTem TALMAGE and carried unanimously.

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IX.

FUTURE COUNCIL AGENDA ITEMS

A. Receive the Council agenda forecast.

Mayor Burnett asked if members of the public wished to suggest any items be included in the agenda forecast, seeing none he opened/closed to public comment at 8:59 p.m. X. ADJOURNMENT Seeing no further business before the City Council, Mayor Burnett declared the meeting adjourned at 9:00 p.m .

Respectfully submitted,

ATTEST:

Daryl A Betancur, CMC Deputy City Clerk

Jason Burnett, MAYOR

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