‘MINUTES’ for Two Noteworthy 6 October 2009 City Council Agenda Items

“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
October 6, 2009

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of an appeal of the Planning Commission’s decision to certify an Environmental Impact Report and deny a project for the demolition of an existing building and the construction of a mixed-use development including a two-level underground parking garage, five market-rate condominiums, two low-income housing units, and commercial floor area. The project location is the SE corner of Dolores and 7th (Homescapes Building). The appellant is John Mandurrago.

Planning Services Consultant Brian Roseth presented the Staff Report on the Plaza del Mar Project.

Appellant John Mandurrago and his attorney Dennis Beougher of Lombardo & Gilles, LLP addressed the public and council. To questions, and specifically a question from Council Member Rose that Mr. Mandurrago claims he has been denied equal protection as to the merit, Dennis Beougher stated, “there is a history of animosity by the mayor against, because of, his actions and discussions, of Brown Act violations by the mayor that got her removed from the Planning Commission and that has tainted her view of this project.” Beougher also stated that a decision is long overdue on this project.

Mayor McCloud opened the meeting to public comment

Barbara Livingston spoke in support of good findings by the Planning Staff to deny the appeal.

Architect Brian Congleton stated his willingness to answer questions on the architectural aspects of the building.

Mayor McCloud closed the meeting to public comment.

Council Member ROSE made a motion to postpone a decision on appeal until further findings by the Planning Commission on certain issues, seconded by Council Member HAZDOVAC, and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

X. Resolutions
A. Consideration of a Resolution to add a Construction Activity Road Impact Fee of 1% of the project valuation of a building permit and designate this fee for road maintenance.

Joyce Giuffre, Administrative Services Director, presented the Staff Report recommending the adoption of a 1% of building permit valuation fee, effective 1 November 2009.

Mayor McCloud opened the meeting to public comment.

Barbara Livingston spoke in support of a 1% fee, generating $175,000 annually.

Michael LePage spoke in support of the imposition of the fee.

Mayor McCloud closed the meeting to public comment.

Council Member ROSE moved approval of the Resolution to add a Construction Activity Road Impact Fee of 0.5% of the project valuation of a building permit and designate this fee for road maintenance, seconded by Council Member HAZDOVAC.

Council Member Ken Talmage advocated for research into franchise fees earmarked for road maintenance, buses and delivery trucks.

Council Member TALMAGE made substitute motion of approval of the Resolution to add a Construction Activity Road Impact Fee of 0.75% of the project valuation of a building permit and designate this fee for road maintenance, seconded by Council Member SHARP, and carried by the following roll call:

AYES: COUNCIL MEMBERS: SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: HAZDOVAC; ROSE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE