Minutes January 5, 6, 2015 02-03-15

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Agenda Item: 7.APage 1

City Council Meeting February 3, 2015Page 7

To:

From:

Subject

CITY OF CARMEL-BY-THE-SEA

Council Report

February

3

2015

Honorable Mayor and Members of the City Council

Douglas J. Schmitz, City Administrator

Lee Price, Interim City Clerk

Minutes of the January 5 2015 Special Session

Minutes

of

the

January 6

2015

Regular

Session

RECOMMENDATION S):

By motion to the Consent Calendar, approve the Minutes of the Special and Regular City

Council Meetings.

EXECUTIVE SUMMARY:

Attached are the Minutes of the various January 2015 City Council meetings.

ANALYSIS/DISCUSSION:

FISCAL IMPACT: None

Budgeted yes/no)

Funding Source general fund, grant,

state)

N/A

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

ATTACHMENTS:

1.

Minutes of the January

5

2015

2. Minutes of the January 6 2015

APPROVED:

dministrator

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MINUTESTOUR, SPECIAL and CLOSED CITY COUNCIL MEETINGS

CARMEL-BY-THE-SEA

Monday, January 5, 2015 3:30 p.m.Tour at 3:30 p.m. Special Meeting at 4:30 p.m. Closed Session

Immediately following Special meeting

Counci l Chambers, City HallEast side of Monte Verde Street

Between Ocean and Seventh Avenues

Next Resolution Number 2015-001 Next Ordinance Number 2015-001Next Policy Number 2015-001

TOUR OF INSPECTION 3:30 P.M.

These items are scheduled for the January 6, 2015 City Council meeting.Please meet at City Hall on date and time provided.

Mayor Burnett called the Tour of Inspection to order on this date at 3:35 p.m. inthe Council Chambers.

Item 1: The Tree is located on Torres Street, 2 Houses Northeast of NinthAvenue. The Applicants are Robert and Judith Profeta.

Item 2: Development Permit for the construction of a new single-familyresidence located on Scenic Road, one parcel southeast of 9 th

Avenue, in the Single-Family Residential (R-1), Park Overlay (PO),and Beach and Riparian Overlay (BR) Zoning Districts. Theapplication is being appealed by a neighboring property owner:Steven Beutler.

Item 3: Exterior Wall-Mounted Business Sign at a Site Located in theService Commercial (SC) Zoning District. The Applicant is AdamJeselnick. The Decision is being appealed by CPines 7, LLC.Southeast Corner of 7thand Dolores.

Council Member Talmage recued himself from Item 3 as he announced a conflictof interest.

Council proceeded to Tour at 3:37 p.m.



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1. CALL TO ORDER MAYOR BURNETT

The City Council of the City of Carmel-by-the-Sea met this date in a SpecialSession at 4:34 p.m. in the City Council Chambers, with Mayor Burnett presiding.

2. ROLL CALL

Members Present:Mayor: BurnettMayor Pro Tem: BeachCouncil Members: Dallas, Talmage, Theis

Staff Present:City Administrator: SchmitzCity Attorney: FreemanInterim City Clerk: Frontella

3. PLEDGE OF ALLEGIANCE

Don Freeman, City Attorney led the community in the Pledge of Allegiance.

4. EXTRAORDINARY BUSINESS

None

5. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCILMEMBERS AND THE CITY ADMINISTRATOR

None

6. PUBLIC APPEARANCESAnyone wishing to address the City Council on matters within the jurisdiction of the City and are not on theagenda may do so now. Matters not appearing on the City Councils agenda will not receive action at thismeeting 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 helpfulfor 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.

Mayor Burnett opened the meeting to public comments, the following citizensspoke.

Carolina Bayne spoke regarding the new Scenic Road restrooms and mentioned

they are not adequate for the amount of people using them, she suggestedchanging them to uni-sex.

Stephen Moorer spoke regarding concerns with the Forest Theater project andthe direction of the Architect providing Phase III and the Master Plan.

Richard Kreitman spoke regarding the ringing of the church bells at noon. Hewanted to correct a statement in the Pine Cone; noting that this is not a newtradition it is reviving one of the oldest traditions in Carmel.



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Barbara Livingston also commented on the Scenic Road restrooms and was inagreement that they should be uni-sex restrooms.

Seeing no further comments, Mayor Burnett closed the meeting to publiccomments.

7. CONSENT CALENDARAll items on the Consent Calendar are to be acted upon by a single action of the City Council unlessotherwise requested by an individual Council Member or the public for special consideration. Otherwise therecommendation of staff will be accepted and acted upon by majority voice vote.

Item 7.A: Consideration ofApproval of City Council Minutes:a. Minutes of the October 21, 2014 Work-study & Closed Sessionb. Minutes of the October 29, 2014 Work-study Sessionc. Minutes of the November 25, 2014 Closed Sessiond. Minutes of the December 1, 2014 Work-study Sessione. Minutes of the December 2, 2014 Regular Session

Action: Approved Minutes by Consent Calendar.

Item 7.B: Approval of Warrant Register for the Month of November 2014.

Action: Approved Warrant Register by Consent Calendar.

Item 7.C: Receive Monthly Summary Report:a. Police, Fire and Ambulance Reportsb. Code Compliance Reportsc. Public Record Act Logsd. Forester Report

Action: Accepted reports and file, information only.

Mayor Burnett opened this item for public comments; the following citizens spoke:

Karen Ferlito encouraged Council to ask for an in-depth summary of last yearsForesters Report so there is an understanding of the report and what it reflects.She also commented that the Council has approved the Forest Plan and wouldlike to have a discussion on how to implement the plan and what steps to take inthat process.

Barbara Livingston commented on the past speaker from UC Berkley regardingforest trees. She noted he spoke of the downtown trees and the re-planting ofthose trees.

Mayor Burnett seeing no further comments closed this item to public comments.



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MOTION: Motion by Counci l Member Talmage, seconded by Mayor ProTem Beach to approve the Monthly Summary Reports.Passed 5/0

AYES: 5 Council Members: Talmage, Beach, Dal las, Theis, Burnet tNOES: 0 Council Members:

ABSENT: 0 Council Members:

After hearing Item 7.C; Mayor Burnett asked Council if there was an objection tomove to Item 8.A, hearing none, Council heard Item 8.A.

Item 7.D: A Resolution2015-001of the City Council of the City of Carmel-by-the-Sea Adopting a Special Resolution Proclaiming Carmel-by-the-Sea as a Purple Heart City.

Action: Adopted Resolution 2015-001 by Consent Calendar

Item 7.E: A Resolution2015-002of the City Council of the City of Carmel-By-The-Sea Authorizing the City Administrator to Execute aProfessional Services Agreement with Cody Andersen Wasney

Architects for the Development of Construction Documents forPhase 1 of the Forest Theater Renovation Project in an Amount notto exceed $154,394

Sharon Friedrichsen, Director of Public Works, gave the staff report.

Mayor Burnett opened this item for public comments, hearing none; Mayor Burnettclosed the public comments.

Motion: Motion by Mayor Pro Tem Beach, seconded by CouncilMember Talmage to approve Resolution 2015-002, authorizingthe City Administrator to execute the Professional Service

Agreement with Cody Andersen Wasney Arch itects wi thmodification to sections 1d (8) and 2 (g) the option for the

Arch itect to consult with City over payment; that staff exercisethe option in all cases; that the Architect preparedocumentation as to the suitability of the bills from thecontractor . Paragraph 28 to state, that if a dispute shouldarise between the contractor and the City or the Architect, the

order of resolution shall be mediation, arbitration, and lastlyformal judic ial proceeding.

Amended: by Mayor Pro Tem Beach, the Archi tect be the fi rst part y toattempt to resolve the dispute followed by mediation,arbitration, formal judicial proceeding; seconded by CouncilMember Talmage for discussion.



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Substitute motion: Council Member Talmage, seconded by Counci lMember Theis to approve the resolution and direct the City

At torney and City Administrator to fo llow the pr incipals laidout by Mayor Pro Tem Beach, 1) that a more active role with

Arch itect in reconci ling bi ll ing vs. performance be applied, and2) sequencing in terms of dealing with fees.

AYES: 5 Council Members: Talmage, Theis, Beach, Dal las, BurnettNOES: 0 Counci l Members:


Mayor Burnett opened this item for public comments, the following citizens spoke:

Carolyn Hardy commented that there is confusion with what is before Council.She noted that Council is overlooking what the architect does, they do notoversee the contractors bill and we have City staff, Project Managers to overseethe billing. She noted that the City Attorney is correct and the architect will want

an increase in fees to oversee the billing of the contractors.

Stephen Moorer asked if the architect can add a concrete pad to top of drivewayinstead of middle of driveway.

Barbara Livingston commented that Council Member Talmages motion willaddress Mayor Pro Tem Beachs concerns and she respects the expertise thatthe Council brings.

Mayor Burnett seeing no further comments closed this item to public comments.

After public comment, vote was taken as noted above.

Item 7.F: The Municipal Organization Past, Present, and Future StatusReport

Action: Accepted report by Consent Calendar.

Item 7.G: A Resolution2015-003 of the City Council of the City of Carmel-

by-the-Sea Authorizing the Mayor to Execute an Agreement for CityTreasurer Services.

Mayor Pro Tem Beach requested that Treasurer also verify and approve themonthly warrants.

Mayor Burnett opened the meeting to public comments, hearing none; MayorBurnett closed the public comments.



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MOTION: Motion by Mayor Pro Tem Beach, seconded by Counci l

Member Dallas to approve Resolution 2015-003 authorizing theMayor to Execute an Agreement for City Treasurer Serviceswith addition for the Treasurer to verify and approve themonthly warrants. Passed 5/0

AYES: 5 Council Members: Beach, Dal las, Talmage, Theis, Burnet tNOES: 0 Counci l Members:


Item 7.H: A Resolution 2015-004of the City Council of the City of Carmel-by-the-Sea Adopting and Updating the Job Description for theInformation Systems/Network Manager.

Doug Schmitz, City Administrator, gave the staff report.

Council Member Talmage requested that the word development be deleted fromthe description.

Mayor Burnett opened this item for public comments, hearing none; Mayor Burnettclosed the Public Comments.

MOTION: Motion by Mayor Pro Tem Beach, seconded by Counci lMember Theis Adopting and Updating the Job Description forthe Information Systems/Network Manager with edits ofaddition example of duties to include demonstrating thereceptiveness to transparency in government practices when

implementing City software and equipment purchases plus,adding the implementation of the IT Strategic Plan. Passed5/0

AYES: 5 Council Members: Beach, Theis , Dallas, Talmage, BurnettNOES: 0 Counci l Members:


Item 7.I Appointment of a Second Alternate Board Member, to theTransportation Agency of Monterey County (TAMC) Board.

Action: Adopted appointment by Consent Calendar of RobMullane.

.Item 7.J: A Resolution 2015of the City Council of the City of Carmel-by-the-

Sea Adopting a Whistleblower Policy and give the CityAdministrator Direction to Implement.



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Action: This item was continued to a future date.

MOTION TO CONSENT CALENDAR:

MOTION: Motion by Mayor Pro Tem Beach, seconded by Counci lMember Theis to approve the Consent Calendar with items7.Cd; 7.E; 7.G; 7.H being pulled and heard under separatemotion and Item 7.J being cont inued. Passed 5/0

AYES: 5 Council Members: Beach, Theis , Dallas, Talmage, BurnettNOES: 0 Counci l Members:


8. ORDERS OF COUNCIL

Item 8.A: A Resolution 2015-005of the City Council of the City of Carmel-by-the-Sea Approving an Amendment to the Joint Exercise ofPowers Agreement for the Monterey Regional Waste Management

Authority.

Recommendation: By motion, adopt Resolution amendingthe MRWMA Agreement

William Merry, General Manager MRWMD, gave the staff report and answeredquestions of Council.


Barbara Livingston commented that she was confused by the color of the cansand asked for clarification; brown is recycling and MRWMD has not started anycompost materials collection.


MOTION 8.A: Motion by Counci l Member Talmage, seconded by Mayor ProTem Beach to adopt Resolution 2015-005 approving the

Amendment to the Joint Exerc ise of Powers Agreement for theMonterey Regional Waste Management Author ity. Passed 5/0

AYES: 5 Council Members: Talmage, Beach, Dal las, Theis, Burnet tNOES: 0 Counci l Members:


At this time, Council moved to Item 7.E of the agenda.



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Item 8.B: Consideration of Municipal Project (MP 14-01) and the Associated

Coastal Development Permit Application for Sidewalk Materiallocated at the foot of Ocean Avenue in the Del Mar Parking Area.

Recommendation: Approve the recommendation by thePlanning Commission for walkwaysalong Ocean Ave. in the Del MarParking Lot.

Motion by Council Member Theis, seconded by Council Member Talmage toapprove the recommendation by the Planning Commission for sidewalksalong Ocean Ave. in the Del Mar Parking Lot area.

Substitute Motion: Motion by Mayor Pro Tem Beach, seconded by CouncilMember Dallas to do nothing wi th the Del Mar Parking Lot. Fails 1/4

AYES: 1 Council Members: Beach

NOES: 4 Counci l Members: Dallas, Talmage, Theis, Burnett

Motion: Motion by Mayor Pro Tem Beach seconded by Council MemberTalmage to leave in place the current sidewalk material at the foot of Ocean

Avenue whi le the s taff further investigates the use of the grant fund moneyfor the sidewalk or other uses and the technology for permeable asphaltthat are more suitable for the area. Died for lack of second.

Motion: Motion by Council Member Talmage, seconded by Council MemberDallas to do nothing, instruct s taff to come back to Council w ith options thataddress concerns regarding the sidewalk and crosswalk. Fails 3/2

AYES: 2 Council Members: Beach, TalmageNOES: 3 Counci l Members: Dallas, Theis, Burnett

MOTION 8.B: Motion by Council Member Theis, seconded by CouncilMember Talmage to approve the recommendation by thePlanning Commission for sidewalks along Ocean Ave. in theDel Mar Parking Lot . Passed 4/1

AYES: 4 Council Members: Theis, Talmage, Dal las, Burnett

NOES: 1 Counci l Members: BeachABSENT: 0 Council Members:

Item 8.C: Three Resolutions 2015-006-007-008 of the City Council of theCity of Carmel-by-the-Sea Authorizing the City Administrator to



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Execute the Existing Professional Services Consulting Agreementswith MarTech, Inc. for $187,000; Government Staffing Service, Inc.for $259,000; and Neill Engineers Corporation for $174,000regarding various professional services.

Recommendation: Adopt the 3 Resolutions and Authorizethe City Administrator to Execute theContracts.

Sharon Friedrichsen, Director of Public Works gave the staff report.

MOTION 8.C: Motion by Counci l Member Talmage , seconded by CouncilMember Dallas to adopt Resolutions 2015-006, 007 and 008

Author izing the City Administrator to Execute the ExistingProfessional Services Consulting Agreements with MarTech,Inc. for $187,000; Government Staffing Service, Inc. for$259,000; and Neill Engineers Corporation for $174,000

regarding various professional services. Passed 5/0

AYES: 5 Council Members: Talmage, Dallas, Theis , Beach, BurnettNOES: 0 Counci l Members:

Item 8.D: City of Carmel-by-the-Sea CityCouncil Goals for FY-2015

Recommendation: Discussion and Adoption

Doug Schmitz, City Administrator, gave the staff report.


Barbara Livingston would like more information on the Centennial Committeeplans that were discussed at the Council forum.

Monta Potter, Chamber of Commerce Executive Director asked about recycling inthe downtown area and the use of shuttles for the car show.

Seeing no further comments, Mayor Burnett closed the meeting to public

comments.

MOTION 8.D: Motion by Mayor Burnett, seconded by Counci l Member Dallasto adopt the City Council Goals for FY-2015 with additions asfollows: 1) Emergency Plan - Focus on Community Outreachand Marketing, 2) IT Plan - Hire IT Manager and focus initiallyon the Financial System, 3) Day-to-Day Operations - FacilitiesMaintenance Plan with 2015-16 Budget, 4) Shoreline



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Management - Beach Fires, 5) Water - Capture, Eastwood 85acre foot plan, Small Projects and Conservation, 6) PG&E-monitor and participation with investigation on projects, 7)Forest Theater Historic Resource Board to research andadvise on the historical status. Passed 5/0

AYES: 5 Council Members: Dallas, Talmage, Beach, Theis , BurnettNOES: 0 Counci l Members:


9. PUBLIC HEARING ITEMS

None

10. CLOSED SESSION IMMEDIATELY FOLLOWING SPECIAL MEETING

Council convened to Closed Session at 8:25 p.m. to discuss the following.

Item 11.A: PUBLIC EMPLOYEE PERFORMANCE REVIEWGovernment Code Section 54957Title: City AdministratorTitle: City Attorney

11. ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at 11:03

p.m.

APPROVED: ATTEST:

___________________________ _________________________Jason Burnett, Mayor Lee Price, MMC

Interim City Clerk



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MINUTESREGULAR CITY COUNCIL MEETING

CARMEL-BY-THE-SEA

Tuesday, January 6, 2015 4:30 p.m.

Council Chambers, City HallEast side of Monte Verde Street

Between Ocean and Seventh Avenues

Next Resolut ion Number 2015-010 Next Ordinance Number 2015-001

Next Policy Number 2015-001

1. CALL TO ORDER MAYOR BURNETT

The City Council of the City of Carmel-by-the-Sea met this date in a Regularsession at 4:36 p.m. in the City Council Chambers, with Mayor Burnett presiding.

2. ROLL CALL

Members Present:Mayor: Burnett

Mayor Pro Tem: BeachCouncil Members: Dallas, Talmage, Theis

Staff Present:City Administrator: SchmitzCity Attorney: FreemanInterim City Clerk: FrontellaCommunity Planning and Building Director: Mullane

3. PLEDGE OF ALLEGIANCE

Lori Frontella, Interim City Clerk, led the community in the Pledge of Allegiance.

4. EXTRAORDINARY BUSINESS

Item 4.A: Community Recognition: None

Item 4.B: Employee Recognition: Janet Bombard and Ashlee Wright Library



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Mayor Burnett honored Janet Bombard and Ashlee Wright for their service to thecommunity and acknowledged their work on the special events held in the City in2014.

5. ANNOUNCEMENTS FROM CLOSED SESSION, CITY COUNCILMEMBERS, CITY ADMINISTRATOR AND CITY ATTORNEY

Item 5.A: Announcements from Closed Session

City Attorney Freeman reported on January 5, 2015 Closed Session, noting theCity Administrator and City Attorney evaluations were discussed with Councilproviding direction and guidance.

The December 31, 2014 Closed Session consisted of Personnel issues.Attorney Freeman announced that Margi Perotti has been reinstated with the Cityas the Special Events Coordinator and that Leslie Fenton will be reinstated asthe Administrative Assistant to the City Administrator. CSAC (city insurance) willbe reimbursing the City for costs incurred pertaining to these personnel matters.

Item 5.B: Announcements from City Council Members (Council Membersmay ask a question for clarification, make an announcement orreport on his or her activities)

Mayor Burnett:

Test well for the desalination facility are under construction currently for thenext 6-8 weeks.

The City has been engaged in extensive discussion with State Water Boardmodifying the Cease and Desist Order. Ongoing discussion regarding the

limits and modifications to the Order.

Mayor Pro Tem Beach:

Shared thank-you notes from the 5th

grade classes that Mayor Burnett andMayor Pro Tem Beach visited at the end of 2014.

Fort Ord Trail Program Symposium re: Trails and Transit is on January 22.

Council Member Dallas: NoneCouncil Member Theis: NoneCouncil Member Talmage: None

Item 5.C: Announcements from City AdministratorCity Administrator Schmitz reported:

Invited Rob Mullane to speak regarding actions taken to make theDepartment more efficient and improve public outreach.

Quarterly Community Forum first meeting will be on February 10.

Meeting with Forest Theater Architect at 6:00 p.m. on January 15.

Notes from This Month in Carmel-by-the-Sea History

Item 5.D: Announcements from City Attorney



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City Attorney Freeman reported:

Three employee investigations have been closed and completelyinvestigated by an outside investigator, while a fourth was closed andhandled by the City Attorney.

Local residents Carolina Bayne and Carolyn Hardy reviewed a largeamount of contract documents on behalf of the City. They are working withan independent investigator for final report to Council.

Attorney Freeman commented that the members of the public and staffshould feel comfortable when submitting a Whistleblower complaint andthat they are protected from personal lawsuits when doing so.

6. PUBLIC APPEARANCESAnyone wishing to address the City Council on matters within the jurisdiction of the City and are not on theagenda may do so now. Matters not appearing on the City Councils agenda will not receive action at thismeeting 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 helpfulfor 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.


Carolyn Hardy thanked Attorney Freeman for acknowledging her work. She alsocommented that on behalf of Carolina Bayne and herself, thanked Lori Frontella,Interim City Clerk, for her extensive help in compiling documents as well as forsounding the alarm about agreements and contracts the Council was about toenter into at the September 2014 meeting, saving the City thousands of dollars.

Barbra Livingston on behalf of Carmel Residents Association, extend a happynew year and heartfelt thanks for everything City Attorney Freeman and City

Administrator Schmitz are doing to get the City back on track.

Council Member Talmage read a letter on behalf of Barbra Livingston.

Scott McKenzie spoke about his chronicling the process of beach fire decisionsthrough the Forest and Beach Commission. He requested Council reject theproposal when it comes before it.

Carolina Bayne further expanded on Carolyn Hardys thankfulness of LoriFrontella, Interim City Clerk, and the efforts she put forth during her tenure withthe City.

Constance Laub commented that roots from trees affected how asphalt is laid,recommended pavers or DG for beach pathways.




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Mayor Burnett reiterated and acknowledged Lori Frontella, Interim City Clerk, forher contribution to the City during her time at City Hall and thanked her for hersupport.

City Attorney Freeman spoke thanking Lori Frontella, Interim City Clerk, for herefforts and diligence with Public Records Request and her contribution she hasmade during her time here.

7. CONSENT CALENDARAll items on the Consent Calendar are to be acted upon by a single action of the City Council unlessotherwise requested by an individual Council Member or the public for special consideration. Otherwise therecommendation of staff will be accepted and acted upon by majority voice vote.

Item 7.A: A Resolutionof the City Council of the City of Carmel-by-the-SeaAuthorizing a Special Event Permit and Street Closure for the 23

rd

Annual Winemakers Celebration Wine Tasting Event on May 2,2015

Recommendation: Adopt Resolution authorizing SpecialEvent Permit and Street Closure.

MOTION: Motion by Council Member Dallas, Seconded by Mayor ProTem Beach to approve Resolution 2015-010 authorizing aSpecial Event Permit and Street Closure for the 23rd AnnualWinemakers Celebration Wine Tasting Event on May 2, 2015 .Passed 5/0

AYES: 5 Council Members: Dallas, Beach, Talmage, Theis, Burnett

NOES: 0 Counci l Members:ABSENT: 0 Council Members:

8. ORDERS OF COUNCIL

None

9. PUBLIC HEARING ITEMS

Item 9.A: Consideration of an Appeal of the Forest and Beach CommissionDecision to Deny Removal of a Tree on Public Property the

Applicant considers posing an unreasonable Risk to AdjacentProperties. The Tree is located on Torres Street, 2 HousesNortheast of Ninth Avenue. The Applicants are Robert and JudithProfeta.

Mayor Pro Tem Beach recued herself due to her property located within the 500foot boundary.

Mike Branson, City Forester, gave the staff report.



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Judith Profeta spoke regarding her love of trees but stated this tree is leaning andshe has concerns with the risk has on her property. She is in agreement toreplace the tree. Bob Profeta spoke regarding the leaning of the tree and in anarea of limited soil; root ball is not getting the nutriment that is needed. He statedthey would like to replant the tree. He stated there was a 40% chance of the treefalling, and the concerns with loss of life if tree falls.

Roberta Miller read the report and felt the tree is well taken care of and agree withwhat the arborist recommends; she asked Council to deny the application.

Barbara Livingston noted the difference between an arborist and a forester; shecommented that our City Forester is very well trained.

Constance Laub noted all trees will eventually fall. Her Oak tree, that was healthy,fell out of nowhere.

Fred Kern agreed with the Profetas and the Council should not put a tree before a

life; replace the tree.

Cosmo Muir noted the concerns and this is an estimate compromise that wouldntcomeback if tree come down.

Judith Profeta spoke regarding trees that were healthy that have fallen and theyhave maintained the tree to keep it healthy.


City Attorney Freeman spoke regarding a conflict of interest by the Forest andBeach Commission. A quorum was formed from the remaining commissioners.Three members of a commission without a conflict constitute a quorum.

Mike Branson, City Forester said the bad weather did not change his opinion ofthe tree and its chance to uproot or snap as it is most common to be associated toa defect.

Council Member Theis asked about the density of trees in the area and what thestudy to be conducted would entail.

Mike Branson clarified that the density applies to the lot, not just whether it is onpublic or private property. He also explained the tests conducted on the tree.

Council Member Talmage spoke regarding risk of failure which is possible, whilethe Profetas arborist said probable, under normal conditions. Residents shouldreplace the existing tree with another large tree.



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Council Member Theis agreed with Council Member Talmage regardinginstructing the Profetas to replace the tree. The existing tree does lean, and mustconsider whether it should be placed.

Council Member Dallas, is ready to support a motion made by Council MemberTalmage in favor of a 24 or 36 inch oak replacement tree at that location.

Mayor Burnett stated that on page 27 there is the retention order and believes thatis a good way of proceeding and gathering more information on the tree beforeremoving it.

MOTION: Motion by Counci l Member Talmage, seconded by Counci lMember Theis to approve Resolution 2015-010 approve theappeal and accept the offer by the Appellant to plant a sizeabletree near or in a similar location as directed by the CityForester. Passed 3/1/1

AYES: 3 Council Members: Talmage, Theis, Dallas

NOES: 1 Counci l Members: BurnettABSENT: 1 Council Members: Beach

Item 9.B: Consideration of an appeal of the Planning Commissions approvalof Design Study (DS 14-43) and the associated CoastalDevelopment Permit for the construction of a new single-familyresidence located on Scenic Road, one parcel southeast of 9

th

Avenue, in the Single-Family Residential (R-1), Park Overlay (PO),and Beach and Riparian Overlay (BR) Zoning Districts. Theapplication is being appealed by a neighboring property owner:

Steven Beutler.

Marc Weiner, Senior Planner, gave the staff report.

Mayor Pro Tem Beach questioned an item on the plans regarding shades to beinstalled and if the City has heard from the owner of the property.

Council Member Talmage expressed the interest and support shown by ElinorLaiolo and Fred Osuch.

Steven Beutler spoke regarding his interest and concerns with the building in this

location.

Eric Miller, architect for the project, spoke on behalf of the applicant.




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Barbara Livingston noted the design is beautiful and is sympathetic to theappellant.

Roberta Miller believes the applicant has chosen the perfect place for this house,and noted the reduced hours on construction time and no weekend construction isa good step forward.

Fred Osuch is in favor of the project moving forward.

Fred Kern spoke in favor of the project moving forward.

Elinor Laiolo has lived at 9thand San Antonio since 1978. The appellant has theshades lowered all day while lights are on all night. Is the appellant a full timeresident?

Constance Laub noted the applicant has taken extreme measures to make this abeautiful project. Deny the appeal and reverse the action to restrict constructionhours.


MOTION: Motion by Council Member Beach, seconded by CouncilMember Talmage to deny the appeal and reverse the hours forthis case.

AMENDED MOTION:

Deny the appeal, remove the restriction on days and hours forconstruction work and plant two upper canopy trees with atleast one being planted on the property and the possibility ofthe second being on City property across Scenic Road.Passed 5/0

AYES: 5 Council Members: Beach, Talmage, Dallas, Theis,Burnett

NOES: 0 Counci l Members:ABSENT: 0 Council Members:

Council recessed at 7:15 to 7:30 p.m.

Item 9.C: Consideration of a Use Permit (UP 14-19) application to allow livemusic from the commercial building (Event Center) located at thesoutheast corner of Dolores and 7

th Avenues. The applicant is

CPines7, LLC



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Council Member Talmage recued himself from this item due to conflict of interestand stated he lives within the 500 foot area.

Council Member Dallas recued himself due to conflict of interest stating he ownsproperty within the 500 foot area.

Due to this item needing four approved votes, straws were drawn and CouncilMember Dallas will sit at the dais but with the exception that he can vote on theitem but cannot discuss the issue.

Don Freeman stepped down due to a conflict of interest, owning property within500 feet.

Brian Finegan replaced Mr. Freeman to serve as acting City Attorney for items9C and 9D.

Mayor Burnett spoke regarding a letter received from David Fink and conditionsand perceived threat included in it.

Constance Laub expressed her concerns of a conceived conflict of interest bythe acting City Attorney

Marc Weiner, Senior Planner, gave the staff report.

Jeff Peterson, Manager/Owner spoke on his own behalf.

Anthony Lombardo, representative of the owners, spoke of conditions 2 & 3;would like Council to consider these two items. He referred to the city codesection 9.16 regarding alcohol beverages. Council approves revised conditions

to allow private and public events modify condition 3, allows music anytime toallow operations.


Monta Potter, Executive Officer of Carmel Chamber of Commerce, believesstrongly that music is good for the town. There should not be too manyrestrictions.

Sue McCloud agrees with Monta regarding music at the Event Center.

Denny Levitt spoke regarding the Event Center, and noted Carmel is lucky tohave Jeff Peterson taking on this project; the opportunity this building provides isideal.

Kurt Grasing noted he would like to do events at the center, saying manypossibilities exist for this building.



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Judy Profeta commented that the sound will be kept inside and to not put alimitation on the center as this would be a great usage.

Constance Laub commented that the land use placed it in a private area but thesetting will make it more public and believes it will turn into a party center.

Rich Pepe supports this venue and would like to see it flourish. He noted it isgood use for the town and residents.

Barbara Livingston believes the review period should be no longer than 6months.

Cherryl Merritt is excited about the thought of the venue and supports the 6month review.

Bob Profeta commented this venue raises the bar, approve the venue andbuilding, lift the restrictions and let them flourish.

Jonathan Sapp commented that, if residents were concerned with the projectthey would be here tonight to voice their concerns.

Chris Merritt resident, is open to the event center and encouraging it.


MOTION: Motion by Council Member Beach, seconded by CouncilMember Theis to accept the recommendation of staff with the

following exceptions: #3 live music allowed from 12:00 p.m. to10:00 p.m. and delete maximum of 4 hours.

AMENDED MOTION:Motion by Council Member Beach, seconded by CouncilMember Theis to accept the recommendation of staff with thefollowing exceptions: Condition 3, allow live music from 12:00to 10:00 p.m. and delete maximum of 4 hours; Condition 2,delete 1stsentence and keep 2ndsentence; Condition 7, reviewthe Use Permit in 6 months . Passed 4/0/1

AYES: 4 Council Members: Beach, Theis, Dallas, BurnettNOES: 0 Counci l Members:

ABSENT: 1 Council Members: Talmage

Item 9.D: Consideration of an Appeal of the Planning Commissions Decisionto Deny Sign Application (SI 14-36) for the Exterior Wall-Mounted



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Business Sign at a Site Located in the Service Commercial (SC)Zoning District. The Applicant is Adam Jeselnick. The Decision isbeing appealed by CPines 7, LLC.

Council Member Talmage recued himself due to living within the 500 foot propertyline and Council Member Dallas recusing himself due to owning property withinthe 500 foot property line.

Christy Sabdo, Contract Planner, gave the staff report.

Mayor Burnett opened the meeting to public comments; the following citizensspoke.

Anthony Lombardo spoke regarding the specific style and design of the sign asdescribed by Ms. Martinelli in a letter to Council.

Fred Kern hired Christie Martinelli to review the history and architecture of thesite, worked with Ms. Martinelli to adapt the building to be architecturally correct.

Adam Jeselnick, architect, spoke regarding the size, placement, and design of thesign.

Roberta Miller noted she did not like the fact that the sign is an address ratherthan a business sign.

Fred Kern spoke regarding the amount of effort and time put into the sign.


MOTION: Motion by Counci l Member Theis, to adopt a Resolution ofIntention to grant the appeal and direct the staff to prepare andcome back to Council with the findings and conditions forapproval. Died for lack of a second.

AMENDED MOTION:Motion by Mayor Pro Tem Beach, seconded by CouncilMember Theis to accept the appeal, direct the staff to researchfindings in support of the appeal with the followingmodifications: 1) They revert to the two-inch stand-offs that

were originally designed; and 2) they choose a natural metalmaterial to replace the existing metal design. Passed 2/1/2

AYES: 2 Council Members: Beach, TheisNOES: 1 Counci l Members: Burnett

ABSENT: 2 Council Members: Dallas, Talmage



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SECOND AMENDMENT:In addition to previous motion, to adopt, with the stipulationthat staff come back to Council at the next Regular CityCouncil Meeting on February 3, 2015 with findings. Passed 3/2

AYES: 3 Council Members: Beach, Theis, BurnettNOES: 0 Counci l Members:

ABSENT: 2 Council Members: Dallas, Talmage

10. FUTURE AGENDA ITEMS

11. RECONVENE TO CLOSED SESSION (IF APPLICABLE)

12. ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at 9:59p.m.

APPROVED: ATTEST:

__________________________ __________________________Jason Burnett, Mayor Lee Price, MMC

Interim City Clerk

Minutes January 5, 6, 2015 02-03-15

Documents

Transcript of Minutes January 5, 6, 2015 02-03-15