MINUTES
REGULAR CITY COUNCIL
MEETING
CITY OF CARMEL-BY-THE-SEA
June 4, 2013
II. PRESENT: Council Members
Beach
ABSENT:
None
STAFF
PRESENT: Jason Stilwell, City Administrator
Heidi
Burch, Assistant City
Mike
Calhoun, Public Safety Director
Paul
Tomasi, Police Commander
Sharon
Friedrichsen, Director of Public Services
Marc Wiener, Interim Senior Planner
V.
ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY
ADMINISTRATOR
A. Announcements from Closed Session.
1. Potential Litigation - Government Code Section 54956.9 -
Conference with legal counsel regarding potential litigation – two (2)
matters.
2. Labor Negotiations – Government Code Section 54957.6(a)
Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act
representative, City Administrator Stilwell, to give direction regarding terms
and conditions of employment for all represented and unrepresented
employees.
3. Property Negotiations – Government Code Section 54956.8,
Property strategy negotiations regarding the lease of Flanders Mansion
4. Property Negotiations – Government Code Section 54956.8,
Real Property negotiations between City Administrator Jason Stilwell and
Christine Sandin regarding the Sunset Cultural Center.
5. Property Negotiations – Government Code Section 54956.8,
Real Property negotiations between City Administrator Jason Stilwell and
Alan Williams regarding the Odello Ranch Property.
City
Attorney Don Freeman indicated that there was one announcement from closed session.
Mayor Burnett announced that a water rights discussion was in process for the Odello Property.
C.
Announcements from City Administrator.
1.
Report from workshop: Emergency Preparedness Planning
City
Administrator Stilwell gave the report from the workshop
2. Monterey County
There
was no report at the representative was not in attendance.
3.
Trash can design and location
City
Administrator Stilwell presented the report.
4.
Community Planning & Building Director recruitment update
The
recruitment update was provided by the City Administrator.
5.
Budget hearings: June 11, 2013 and June 18 (if necessary)
City
Administrator Stilwell noted the budget hearings and where the budget may be
accessed.
VII. CONSENT CALENDAR
E. Consideration of a Resolution awarding a construction
contract to Nor-Cal Contractors, the lowest responsive bidder, in the amount of
$319,800 for the Urban Runoff Diversion Project.
Mayor
Burnett opened the meeting to public comment at 5:52 p.m.
Barbara
Livingston addressed the Council regarding storm water retention ponds integrated
into repaving projects.
The
meeting was closed to public comment at 5:54 p.m.
Council
Member TALMAGE moved to approve Consent Agenda Item E, seconded by Council Member BEACH
VIII. ORDERS OF COUNCIL
A. Consideration of an appeal of the Planning
Commission’s decision to deny a single family
residence at a site located in the multi-family residential (R-4) District (Blk
48, Lot 19). The appellants are Peter Kimball and Kathy
Campbell.
Interim
Senior Planner Marc Wiener presented the staff report.
Mayor
Burnett and the Council Members noted that they had all been contacted by the
Chair of the Planning Commission and Council
Member Beach
Public
Safety Director Calhoun answered Council questions.
Peter
Davis, architect for the appellants, addressed Council.
Mayor
Burnett opened the meeting to public comment at 6:32 p.m.
Barbara
Livingston addressed Council.
Mayor
Burnett then closed the meeting at 6:34 p.m.
Council
Member THEIS moved to approve the appeal, seconded by HILLYARD and
carried by the following roll call vote:
AYES:
COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE, THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN:
COUNCIL MEMBERS: NONE
B. Consideration of water entitlement for a
property located in the Service Commercial (SC)
District on the southeast corner of Dolores and Seventh.
Council
Member Talmage and City Attorney Don Freeman recused themselves and left the
room as they live or own property within 500 feet of the project.
Interim
Senior Planner Marc Wiener provided the staff report.
Attorney
Brian Finegan clarified issues regarding water transfers and the legal process
required to move forward.
Mayor
Burnett opened the meeting to public comment at 7:16 p.m.
Attorney
Anthony Lombardo, Applicant Jeff Peterson, Rich Pepe and Ethan Hear addressed
Council.
The
meeting was closed to public comment by Mayor Burnett at 7:37 p.m.
Brian
Finegan and Anthony Lombardo answered Council questions.
Mayor
Burnett recessed the meeting at 8:25 p.m. and reconvened it at 8:40
p.m.
Council
Member HILLYARD moved to adopt a Resolution of Intent to determine that
the Applicant has an equitable right to the use of the Le Towt and Spinning Wheel
water transfer credits in a sufficient amount to meet the needs of the Project;
based upon the premise that the current Project is a derivative or continuation
of the Plaza Del
following
the direction of the City council to return with a revised project that preserves
the historical status of the building, and subject to a recommendation of
the Planning Commission for an amendment of the Water Allocation Resolution
allocating sufficient water to the commercial category to serve the Project.
The Council directs the Planning Commission to consider an
amendment
to the Water Allocation Resolution adding the Le Towt water and transferring
sufficient water from the Le Towt transfer and the Spinning Wheel transfer
to the commercial category to supply the Project. The matter will be returned
to the City Council to consider a) adoption of the amended Water Allocation
Resolution; b) adoption of findings; c) pre-commitment of water to the
Project; and d) approval of the use permit seconded by Council Member
THEIS
and carried by the following roll call vote:
AYES:
COUNCIL MEMBERS: BEACH, HILLYARD, THEIS & BURNETT
NOES:
COUNCIL MEMBERS: NONE
ABSENT:
COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: TALMAGE
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