VOTING RECORDS: Mayor Sue McCloud & City Council Member Jason Burnett

UPDATE (through MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEAFebruary 7, 2012):

Of 106 total votes cast during regular city council meetings, excluding consent calendar and abstention votes, Mayor Sue McCloud and City Council Member Jason Burnett voted the same on 92 agenda items or 87% of the time. Or McCloud and Burnett differed on 14 agenda items or 13% of the time.

ABSTRACT: In response to recently expressed opinions about Mayor Sue McCloud and City Council Member Jason Burnett, their respective voting records on the City Council are analyzed from May 2010 to November 2011. Of 89 total votes cast during regular city council meetings, excluding consent calendar and abstention votes, Mayor Sue McCloud and City Council Member Jason Burnett voted the same on 75 agenda items or 84% of the time. Or McCloud and Burnett differed on 14 agenda items or 16% of the time. For aarguably the most important agenda items, namely Ratify Settlement Agreement between the City of Carmel-by-the-Sea and Richard Guillen, City Administrator on April 5, 2011, Receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions and adopt a Resolution approving a contract with the City of Monterey for fire services on November 1, 2011, McCloud and Burnett voted “AYE.” Agenda Items for each agenda item which McCloud and Burnett voted differently are reproduced (listed most recent to earliest); source, “MINUTES,” Carmel-by-the-Sea website.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
October 4, 2011

X. RESOLUTIONS

B. Consideration of a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year.

Interim City Administrator John Goss presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:00 p.m.

Kathryn Harrison addressed Council.

Mayor McCloud closed the meeting to public comment at 6:02 p.m.

Council Member BURNETT moved to extend the Forest Theater Guild’s lease of the Forest Theater for three years, seconded by Council Member HAZDOVAC, and passed by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 13, 2011

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Review and Use Permit applications for a new restaurant located on the northeast corner of Mission Street and Seventh Avenue in the Carmel Plaza. The project applicant is David Fink.

Sean Conroy, Planning Services Manager, presented the staff report.

David Fink, the project applicant, addressed Council.

Mayor McCloud opened the meeting to public comment at 6:21 p.m.

Addressing Council on this issue were: Jean Hubert, owner of St. Tropez; Charles Chrietzberg, President of Monterey County Bank; Preston Kincaid; Barry Swift of the Carmel Residents Association Board; Don Benz, Sr. Property Manager of the Carmel Plaza; Michael Adamson read a letter from Denny Levett; Kent Torrey, owner of the Cheese Shop; Adam Moniz; Barbara Livingston; Kathy Fredrickson; Monte Miller; Gerard Rose; Carolyn Hardy; Peter Baird; Rich Pepe; Roberta Miller; and Lisa Dias.

Mayor McCloud closed the meeting to public comment at 6:52 p.m.

Mayor McCLOUD moved to accept the Planning Commission’s Findings for Decision, as amended, on September 13, 2011, seconded by Council Member HAZDOVAC.

Council Member BURNETT made a substitute motion to remand the proposal to the Planning Commission for a variance to recognize the interpretation of I-3e in Municipal Code Section 17.14.040 (“Restaurants, Full Line”) to allow ordering at the counter under certain conditions that the Planning Commission may have.

Council Member TALMAGE then moved to accept the Planning Commission’s Findings as amended, and to reword the second sentence of Special Condition #5 to read, “Customers shall order from a menu while seated or order from the counter,” seconded by Mayor McCLOUD, and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 2, 2011

X. RESOLUTIONS

A. Consideration of a Resolution amending the employment contract with the City Attorney related to future and past compensation owed by the City.

City Attorney Don Freeman addressed Council and announced he would leave during Council discussion and deliberations.

Council Member BURNETT moved to deny approval of the amended contract for the City Attorney, to deny authorization of an $87,057.78 transfer from the Legal-Retirement Account for payment owed to the City Attorney for service from April 20, 2007 to July 31, 2011; and to deny authorization of monthly compensation to the City Attorney for services beginning August 1, 2011 to include a monthly cash equivalent of the City’s retirement contribution, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 7, 2011

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Study, Demolition Permit and Coastal Development Permit applications for the construction of a new residence located at the SE Corner of Casanova Street and Avenue. The property owners are Kendon and Jullian Dressel and the appellant is Judy O’Day.

Council Members Sharp and Hazdovac recused themselves, as both live in proximity to the subject of the appeal.

Associate Planner Marc Wiener presented the staff report.

Steve Wilson, Monterey Bay Engineers, spoke on behalf of the appellant.

Judy O’Day, the appellant, spoke to the issue.

Mayor McCloud opened the meeting to public comment at 5:43 p.m.

Rob Nicely, speaking for the property owners, the Dressels, addressed Council.

Kendon Dressel, property owner, spoke to the issue.

Steve Wilson, Monterey Bay Engineers, spoke again.

Mayor McCloud closed the meeting to public comment at 5:54 p.m.

Council Member BURNETT moved to deny the appeal, seconded by Council Member TALMAGE, and carried by the following roll call vote:

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

XI. ORDERS OF COUNCIL

This item was taken out of order to accommodate the presenters’ schedules.

A. Receive updated report from CRFA and provide policy direction on CRFA employees becoming City employees.

Gerard Rose, President of the CRFA Board, Monterey Assistant Fire Chief Stuart Roth, and Dave Jedinak, Carmel Regional Fire Ambulance, presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:25 p.m.

Carolyn Hardy and Monte Miller spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:29 p.m.

Council Member TALMAGE moved to approve the plan--in concept--and to have John Goss, Gerard Rose and Dave Jedinak work together to develop an action plan addressing the specific issues involved in having CRFA employees become City employees, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 3, 2011

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of Avenue. The appellant is Old Mill Properties LLC.

B. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on Mission Street 3 SW of Avenue. The appellant is Old Mill Properties, LLC.

Council Member Talmage recused himself, as he lives in close proximity to the projects being considered. City Attorney, Don Freeman, also recused himself as he owns property and maintains an office across the street from the proposed project. He introduced attorney Brian Finegan, who will be serving as counsel for the City on the two appeals.

Associate Planner Marc Wiener presented the staff report.

Eric Miller, architect for the proposed project, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:40 p.m.

Barbara Livingston, Niels Reimers, Roberta Miller, Dan Silvierie, Don Mackey, appellant and Jim Bell addressed Council.

Mayor McCloud closed the meeting to public comment at 5:56 p.m.

Brian Finegan, Counsel for the City, Associate Planner Marc Wiener, Appellant Don Mackey, Project architect Eric Miller, Interim Chief Mike Calhoun and Planning Services Manager Sean Conroy answered questions from the public and Council.

Council Member BURNETT moved to deny the project, seconded by Council Member McCLOUD, and failed by the following roll call vote:

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

Associate Planner Marc Wiener presented the staff report for the Mission Street project.

Eric Miller, architect for the project, addressed Council.

Mayor McCloud opened the meeting to public comment at 6:50 p.m.

Barbara Livingston and Jim Bell addressed Council.

Mayor McCloud closed the meeting to public comment at 6:57 p.m.

Associate Planner Marc Wiener answered questions from the public.

Council Member McCloud moved to approve the project, seconded by Council Member SHARP and passed by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC, SHARP & McCLOUD
NOES: COUNCIL MEMBERS: BURNETT
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: TALMAGE

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 5, 2011

IX. ORDINANCES

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second reading)

Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:35 p.m.

Anna Yeatman expressed concern about restrictions on the size of cages and asked that this be considered on a case-by-case basis.

Carla Ramsay discussed poultry diseases and other problems related to keeping chickens.

Mayor McCloud closed the meeting to public comment at 6:38 p.m.

Council Member BURNETT moved to approve, upon second reading, the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea, seconded by Council Member SHARP and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 1, 2011

IX. ORDINANCES

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)

Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:49 p.m.

Anna Yeatman, Barbara Livingston and Carla Ramsay spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:56 p.m.

Council Member SHARP moved to approve the first reading of the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea, with the following three amendments: cages will not be visible from public streets; slaughtering of chickens will not be permitted within City limits; and the keeping of chickens shall not create a public nuisance, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

*Mayor McCloud requested it to be reflected in the record that her “No” vote was based on permitting chickens in front yards.

X. RESOLUTIONS

B. Receive Subcommittee report on time and resources required for grant submission and then consideration of a Resolution approving the submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program. Planning Services Manager Sean Conroy presented the staff report.

Council Member Burnett continued the presentation.

Mayor McCloud opened the meeting to public comment at 7:14 p.m.

Jay Marden, Principal of River School, Alexandra Fallon, Stacey Maheen, Alan Lehman, Nicole Stevens, Greg D’Ambrosio, Paul Hart, Monta Potter, Chief Executive Officer of the Carmel Chamber of Commerce, and an unidentified parent spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:30 p.m.

Council Member TALMAGE moved to approve a Resolution approving the submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program, with understanding that if the staff work load gets too high, Council will re-examine its work plan priorities, seconded by Council Member BURNETT and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 1, 2011

VI. PUBLIC APPEARANCES

Mayor McCloud opened the meeting to public comment at 6:42 p.m.

Barbara Livingston, president of the Carmel Residents Association, said the CRA is seeking nominations for its annual Citizen of the Year award.

Barbara Brooks spoke about the successful tree giveaway program sponsored by the Friends of Carmel Forest.

Adam Moniz addressed sexual harassment and the Brown Act.

Mike Brown spoke about sexual harassment.

Paul Hart and Stacy Maheen, owner of Bay Bikes, spoke about traffic safety on Rio Road.

Carolyn Hardy spoke about reporting from Council closed sessions, fire services, the Forest Theater, and pay differential paid to employees deployed by the military.

Mayor McCloud closed the meeting to public comment at 7:00 p.m.

City Attorney Don Freeman addressed comments from the speakers.

Council Member BURNETT moved to schedule a Closed Session this week and direct staff to find a time that works for the Council members’ schedules, seconded by Council Member TALMAGE. The motion failed 2-3 by voice vote:

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

XI. ORDERS OF COUNCIL

F. Provide policy direction on submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program to support a project tentatively called Connect Carmel: Linking Trails to Transit and People to Places.

Council Member Burnett said this grant opportunity had recently come to his attention.

Mayor McCloud opened the meeting to public comment at 8:49 p.m.

Speakers: Monta Potter, chief executive officer of the Carmel Chamber of Commerce; Paul Hart; Stacy Maheen, Chris Lehman and Victoria Beach.

Mayor McCloud closed the meeting to public comment at 9:01 p.m.

Council Member TALMAGE moved to approve moving ahead with the grant application -- in concept—and have staff report back at the March meeting to determine whether or not it will be possible to complete the application by the March 30 deadline, seconded by Council Member BURNETT and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 2, 2010

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to deny a request for aluminum clad wood windows for a building located on the east side of Lincoln between Fifth and Sixth Avenues. The appellant is Nancy Moresco.

Council Members Talmage and Hazdovac recused themselves due to their proximity to the proposed project.

Sean Conroy, Planning and Building Services Manager presented the staff report.

Mike McLean, representing appellant Nancy Moresco, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:41 p.m.

Monte Miller and Kathy Miller from Marvin Windows & Doors, addressed Council.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

Council Member SHARP moved to uphold the appeal, seconded by Mayor McCLOUD and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: SHARP AND McCLOUD
NOES: COUNCIL MEMBERS: BURNETT
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: HAZDOVAC & TALMAGE

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 3, 2010

VIII. PUBLIC HEARINGS

B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.

Associate Planner Marc Wiener presented the staff report.

Engineer John Kasunich, whose firm was hired by the City to perform a geotechnical survey for this site, discussed road stability issues on Second Avenue.

City Engineer Sherman Low addressed other stability issues.

Appellants Greg Schulz and Zane Blackmer spoke to the issue.

Mayor McCloud opened the meeting to public comment at 6:17 p.m.

Ron Wormser, a neighbor of the proposed project, spoke to the issue.

Marian Wormser read letters from two neighbors (Hibbards and Harpers).

Barbara Gabrielson spoke about fire safety issues in the area.

Mayor McCloud closed the meeting to public comment at 6:26 p.m.

Council Member BURNETT moved to uphold the decision of the Planning Commission and to grant the City Administrator the right to approve the encroachment permit based upon the special conditions outlined in the staff report, plus any additional requirements that are warranted, seconded by Council Member SHARP and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 8, 2010

XI. ORDERS OF COUNCIL

D. Receive report and provide policy direction on proposed placement of a resin mold of “The Art of the US Open” by Richard MacDonald in Devendorf Park, June 11-21, 2010.

CarrieAnn, Assistant Director of Richard MacDonald-Dawson Cole Fine Art, gave a presentation and answered questions.

Council Member HAZDOVAC moved to allow the placement of the resin mold statue in Devendorf Park from June 11-21, 2010, on the condition that the MacDonald Gallery: provide 24-hour security around the statue for the full 10-day period; complete a special event permit; and have proof of full liability insurance coverage, seconded by Council Member SHARP, and carried by the following roll call vote:

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