“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, March 6, 2012
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.
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.
