‘MINUTES’ For Eight Noteworthy 6 March 2012 City Council Agenda Items

“MINUTES”

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

Tuesday, March 6, 2012

Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud

ABSENT: None

STAFF PRESENT (partial list): Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Don Freeman, City Attorney

Sean Conroy, Planning Services Manager

V. Announcements from Closed Session, from City Council Members and the City Administrator.

Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Public Employment – Government Code Section 54957. Title: Administrative Services Director.

3. Potential Litigation -- Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

City Attorney Don Freeman announced that the City Council met in closed sessions on Monday, March 5 and Tuesday, March 6, discussed three items, and there were no announcements for the public. 

VII. Consent Calendar

G. Consideration of a Resolution entering into an agreement with Sedway Consulting for services to update economic information related to the Flanders Mansion property in an amount not to exceed $5,000.

H. Consideration of a Resolution entering into an agreement with Denise Duffy and Associates for services to respond to the Court's ruling concerning the Flanders Mansion Project and to update the environmental impact report for the Flanders Mansion property in an amount not to exceed $20,500.

I. Consideration of a Resolution decertifying the Environmental Impact Report for the Sale of Flanders Mansion Property project and rescinding Resolutions of the City Council related to project selection, overriding considerations, project implementation, mitigation measures, public vote and findings regarding the Flanders Mansion property.

Melanie Billig (President, Flanders Foundation) pulled items G, H and I. 

To accommodate Melanie Billig’s request to make her comments now, rather than at the end of the meeting, Council Member Burnett stated that it was appropriate to honor Billig’s request.   Council Member Hazdovac requested her remarks be “brief.” 

Melanie Billig made a few observations on behalf of the Flanders Foundation.  During the last twelve years the Foundation sought City cooperation to rehabilitate the Mansion and the grounds at Foundation expense and maintain the Mansion as part of the park without City expense.  Also during the last twelve years, two lawsuits involving the environmental review process for the sale of the Flanders Mansion has cost the City in excess of $1 million; money which could have been better spent on parks, infrastructure, buildings, et cetera.  Yet the Council continues to pursue the sale with more public money.  And the further legal process involving the Surplus land act and public vote will cost more public money.  Billig stated that this is a very slow real estate market and the City has not maintained the Mansion inside and out.  Yet the council views Flanders Mansion as a “cash cow.”  The proceeds from sale will be minimal and only generate a small, one-time short-term gain.  The sale will irreparably damage the park, she stated. And if sold, park users will ask “who was responsible” for this travesty and where was their vision? The sale will be this council’s legacy and set a dangerous precedent.  The Council will have missed a great opportunity for ecotourism and complement the downtown   The Foundation has tried to work with the City over the years yet and the City has remained steadfast in its desire for a sale regardless of its opportunities to lease the Flanders Mansion.  

To Council Member Hazdovac’s query about the members on the Flanders Foundation Board, Melanie Billig responded: Mike Brown, Dick and Barbara Stiles, Brie Tripp, Mary Ellen Thomas, Harvey Billig, Anne Bell, Yoko Whittaker and herself. 

Barbara Livingston stated that the sale of Flanders Mansion is the “worst possible decision” that the Council could make right in the middle of Mission Trail Nature Preserve.  She mentioned an artists’ program use and that the Council has missed an opportunity to find a use for the Mansion.

Skip Lloyd encouraged the Council to encourage Denise Duffy to approach the EIR from the standpoint of Mission Trail Nature Preserve involving trails layout, et cetera, to enhance the park. 

Mayor McCLOUD moved to approve Consent Agenda Items, including G, H and I, seconded by Council Member SHARP and carried unanimously.

IX. Ordinances

C. Consideration of an Ordinance Amending the Zoning Ordinance/Local Coastal Implementation Plan to make single family residential dwellings a limited use and to establish additional requirements for residential projects in the commercial districts. (First reading)

Sean Conroy, Planning Services Manager, presented the Staff Report, including the three amendments:

• Making single family dwellings a limited use rather than a permitted use in all commercial districts;

• Establishing a unit size ratio for all two unit residential developments in the commercial districts; and

• Prohibiting residential uses on the first story of any building that fronts on a public street in the Central Commercial (CC) District.

Conroy stated that the Staff recommends adoption of the Ordinance.  He addressed queries from Council Member Talmage, Mayor McCloud and Council Member Burnett involving public notice and Coastal Commission allowance of only three substantive amendments per year, et cetera.     

Mayor McCloud opened the meeting to public comment.

Barbara Brooks asked about compliance with the proposed Ordinance regarding the building north of Piccadilly Park   In response, Sean Conroy stated that limited use is limited to currently in use single-family residences. 

Mayor McCloud closed the meeting to public comment.

Council Member Hazdovac stated that the Ordinance seemed to be a change from historic policy. 

Council Member Burnett addressed the 60% number; he advocated 40% or 2300 sq. ft.  and 900 sq. ft. as the “right balance.”  In response, Sean Conroy stated that 60% represents number ensuring large unit and smaller unit used legitimately as a rental unit. 

60% refers to the amendment: “For two (2) unit residential developments, the floor area of the smaller unit shall be at least 60% of the size of the larger unit.”  “This amendment would avoid the potential of one very large unit and one very small unit being proposed in a two-unit development. It would also ensure that both units would be comparable in size,.” according to the Staff Report.

Council Member Talmage stated that the Ordinance was crafted in response to one project and represents changing rules for “blanket exclusion” on 28 city blocks.  He advocated conditional, not limited.  He suggested listing reservations and request Planning Commission revisit the Ordinance due to “possibly overreaching” status.

Council Member Sharp addressed concern of preexisting residences in commercial district. 

Barbara Livingston stated that it was not one project, but several projects which generated the Ordinance and advocated sending Ordinance back to Planning Commission. 

City Attorney Don Freeman recommended sending it back to the Planning Commission.

Council recommended the Planning Commission revisit 60% to encourage more diversity, such as 40% target, clarification regarding all commercial districts, permitted to conditioned versus permitted to limited,

By consensus, Council unanimously agreed to send the Ordinance Amending the Zoning Ordinance/Local Coastal Implementation Plan to make single family residential dwellings a limited use and to establish additional requirements for residential projects in the commercial districts back to the Planning Commission with aforementioned recommendations.

X. Resolutions

A. Consideration of a Resolution adopting amendments to the Commercial Design Guidelines to include additional guidance for residential projects and parking design.

Sean Conroy, Planning Services Manager, presented the Staff Report, including the Commercial Design Guidelines as part of the City’s Local Coastal Plan, and reviewed the Proposed Amendments: 

• Make minor amendments to the language of the existing Design Guidelines to be more inclusive of all types of development;

• To provide guidance on parking design in all districts; and

• To provide additional guidance specific to development in the transitional Districts (RC & R-4).

Conroy reviewed Existing Language Edits, including Façade Proportions as an example; Parking Design “K” including Encourage pedestrian oriented design and Minimize the prominence of site features designed to accommodate vehicles (driveways, garages, ramps, parking surfaces, etc.) and reviewed “encourage” and “discourage” photographs examples; and RC/R-4 Design Guidelines “L”  including, Provide more specific guidance for projects located in the RC and R-4Districts and Emphasize the importance of neighborhood context, the landscaping and the need for pedestrian oriented designs. Sean Conroy recommended the adoption of the Amendments to the Commercial Design Guidelines. 

Mayor McCloud opened and closed the meeting to public comment.

Sean Conroy responded to comments by Mayor McCloud and Council Members Hazdovac and Talmage regarding “encouraged” versus “discouraged” options and lot pavement coverage for rear parking. 

Council Member BURNETT moved to approve Resolution adopting amendments to the Commercial Design Guidelines to include additional guidance for residential projects and parking design, and “feedback” report to Council in one year, seconded by Council Member SHARP, and passed by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: NONE

XI. Orders of Council

B. Receive recommendations on the Santa Lucia Restrooms project and provide direction on the final design.

Sean Conroy, Planning Services Manager, presented the Staff Report and requested the Council review comments from Forest & Beach Commission, Planning Commission and public workshop and Council provide direction to staff. 

Robert Carver, AIA, Carver + Schicketanz Architects, addressed some queries from the public workshop, including proposed size of structure 376 sq. ft., earthquake fault location approximately 1,000 ft away and no tree removal.  Carver reviewed plan on overhead shrunk by 25%.  Carver reviewed plans and responded to comments by Council Member Talmage, Mayor McCloud, Council Members Burnett, Hazdovac and Sharp. Carver proposed removal of skylights from design and openings only, policy direction on view from Scenic Road regarding visual impact, importance of “green” design, reasonable goal of 25% or 50% reduction and roof plantings. 

Mayor McCloud opened the meeting to public comment

Greg D’Ambrosio showed twenty-four photographs mounted on a board of Carmel Beach during the 1998 storms.  He discussed microfaults and the proposed location of the restroom as potentially in the surf zone.  He encouraged Council to consider weather impacts during deliberations.

Barbara Livingston queried whether two bathrooms or one unisex bathroom sufficient.  She recommended one bathroom unit and no excavation.

Skip Lloyd commented on the “public workshop” in November 2011 and questioned criteria for the restroom.  He stated he believed the proposed structure was more than is needed, “overkill.”

Cindy Lloyd echoed comments of previous public speakers.  Lloyd recommended Council keep it “small,” “simple” and “inexpensive” and available to patrons. 

Mayor McCloud closed the meeting to public comment.

Sean Conroy stated that the LCP states that temporary restrooms allowed until permanent restrooms built by City. 

Council Member Burnett stated there are three restrooms presently on the Point and justified the need for two restrooms.

Mayor McCloud mentioned the closure of the restrooms at Carmel River State Beach.  She recommended the elimination of the shower and pet wash-off area.

Council Member Talmage summarized consensus with no mechanical room and instead a smaller storage room, no separate shower, size reduced more than 25% and cost concerns with goal of under $200,000 and need of only a basis bathroom. 

Council Member Burnett expressed concern with the elevation of floor area, visual impacts from Scenic and survivability long-term with storm impacts. 

Sean Conroy summarized list of Council, including baby changing area, faults in General Plan, previous studies, eliminate showers and skylights, and  reduce size and scope of building by 50%.  And examine option to raise floor by one ft. 

Council Members Hazdovac and Burnett expressed interest in not eliminating shower, but having foot wash and shower head incorporated into foot wash area.  Council Member Sharp expressed interest in two unisex restrooms and communal hand washing area.

By consensus, Council unanimously agreed to have Robert Carver, AIA, redo design incorporating recommendations and directions from Council. 

Related Article: Council asks architect to tweak beachbathrooms, MARY SCHLEY, The Carmel Pine Cone, March 9, 2012

C. Review conceptual plans for a pedestrian pathway on the west side of San Antonio Avenue between Ocean and Fourth Avenues and provide direction to staff.

Sean Conroy, Planning Services Manager, presented the Staff Report, including the proposed pathway is located on the west side of San Antonio Avenue between Ocean and Fourth Avenues. The section of the pathway from Fourth Avenue to just south of the existing driveways of the Sand and Sea development will be asphalt and will follow the existing Carmel stone retaining wall. The pathway will have a decomposed granite surface from just south of the Sand and Sea driveways to the corner of Ocean Avenue.  He reviewed Planning Commission recommendations, including increase the width of the street between the path and the tree planter near Fourth Avenue to improve safety and access, look for opportunities to meander the path to create separation between the road and the path and to look less formal, consider design options that would eliminate the retaining walls in the dunes and consider alternatives to the formal appearance of the curb.

Sean Conroy responded to comments by Council Member Sharp regarding the existing retaining wall, Council Member Talmage regarding cost of plan implementation.  Council Member Talmage stated that the asphalt curb along pedestrian pathway between Fourth  Avenue and Carmel-Pebble Beach Gate was a “mistake” and addressed “key intersection” at San Antonio Avenue and Fourth Avenue.  Council Member Burnett advocated for natural traffic calming devices with planter design. 

Mayor McCloud opened the meeting to public comment.

Barbara Livingston expressed support for meandering path and boulders as barrier.  She expressed concerns of thinking about the North Dunes as a whole, not piecemeal.  She stated that pavers walkways are "too formal" and advocated for decomposed granite. She encouraged Council to protect “rustic, casual. informal” look of Carmel Beach

Mayor McCloud closed the meeting to public comment.

Sean Conroy stated that pavers were stipulated in Del Mar Master Plan adopted in 2009 by the City.  In review, Conroy stated Fourth Avenue consensus on curb, eliminate retaining wall losing two parking spaces or allow retaining wall for 35 ft. section and the retaining wall as part of curb.