Meeting Date: 6 April 2010
Prepared by: Sean Conroy, Plng & Bldg Services Manager
City Council
Agenda Item Summary
Name: Consideration of an Ordinance amending the Mills Act program found in the City’s Historic Preservation Ordinance. (First reading)
Description: This proposal would amend the application requirements of the Mills Act to eliminate some of the existing standards and to place an emphasis on rehabilitation as a basis for contract approval.
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Approve the Ordinance (First reading).
Important Considerations: The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act.
For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment. The jurisdiction benefits by having
historic resources maintained and enhanced, while the property owner benefits by having a reduced tax burden.
Decision Record: N/A
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMEBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 6 APRIL 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE. (FIRST READING)
BACKGROUND & DESCRIPTION
The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local
governments are not required to participate in the Mills Act. For participating
governments, a Mills Act contract may be offered to any property that contains an
historic resource. The contract must be for at least 10 years and the property owner
typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner
receives a reduced property tax assessment. The jurisdiction benefits by having historic
resources rehabilitated and maintained, while the property owner benefits by having a
reduced tax burden.
As part of the approval of the City’s Local Coastal Program (LCP) in 2004, the updated
Historic Preservation Ordinance offers Mills Act contracts as a potential benefit to
property owners of historic resources. CMC Section 17.32.100.B establishes criteria that
an applicant must meet in order to qualify for a contract. Some of the criteria have
proven to be problematic and have made qualifying for a contract difficult.
The proposed amendments (Exhibit “A”) would revise the criteria to eliminate some of
the more problematic standards and to favor projects that have a demonstrable
rehabilitation need. Staff has also attached a copy of the California Government Code
relating to the Mills Act for the Council’s reference (Exhibit “B”).
PROCESS
The proposed ordinance would amend the Zoning Ordinance/Local Coastal
Implementation Plan and requires review by the Historic Resources Board (HRB), Planning Commission (PC), City Council and the California Coastal Commission.
The HRB and Planning Commission unanimously recommended adoption of the attached ordinance on 25 January 2010 and 10 March 2010 respectively.
EVALUATION
The primary focus of the HRB and PC’s review of the Mills Act was based on the
following policy question:
“Should Mills Act Contracts be offered primarily to properties with significant
rehabilitation needs or should they be offered to all historic properties?”
Response: The HRB and PC determined that the Mills Act program should be used
primarily as a tool to assist in the rehabilitation/restoration of degraded historic
properties. Properties that have a demonstrable rehabilitation need should be given
preference over properties with little or no rehabilitation needs. In that way, contracts
that the City approves would result in rehabilitated and restored historic properties.
Focusing on rehabilitation would benefit not only the property owner, but also the
surrounding neighborhood and the City as a whole. Offering contracts to properties with
little or no need for rehabilitation would have less of a benefit to the community and may
not justify the reduction in tax income to the City. The proposed amendments would
require an applicant to clearly demonstrate how the tax reductions are necessary to assist
in the rehabilitation of the property. Staff concurs with the recommendation of the HRB
and PC.
A Carmel resident has submitted several documents related to the Mills Act for the
Council’s review (see Exhibit “C”). It is this resident’s opinion that the City cannot
restrict contracts to only properties that require rehabilitation since the Government Code
allows for contracts for historic properties that may or may not require restoration and
rehabilitation.
Staff does not concur with this opinion. While it is true that the Government Code allows
the City to offer contracts to all historic properties, it is completely discretionary by the
City to determine what types of properties are approved for contracts.
Problematic Criteria: CMC 17.32.100 establishes findings that must be made in order
to approve a Mills Act contract. Several of these findings make qualifying for a contract
very difficult. Below is a list of some of the more problematic findings followed by a
response from staff.
iii. Alterations to the historic resource have been in the past, and will continue to be in
the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards, and do not affect the basic form and
design of the original historic resource.
Response: Many historic properties have had additions. The Secretary’s Standards were
not developed until 1992 and the City has not always used them during the design review
process. It seems inappropriate to require past additions to be consistent with the
Secretary’s Standards when many of the additions occurred prior to development of the
standards, and/or prior to the City’s use of the standards. A caveat has been added to
finding “A” to indicate that it only applies to future alterations.
(B) Do not affect any primary elevation
Response: A strict reading of this finding could disqualify a property if only one window
were altered or removed on a primary elevation. This finding has been revised to be less
restrictive.
(C) Do not alter, damage or diminish any character-defining feature.
Response: This finding would be very difficult to make on any property that has had
even a small addition. Character-defining features could include rafter-tails, windows,
siding material, etc. Therefore, even if a small addition was added at the rear of a
structure, character-defining features most likely would be diminished or damaged. This
finding has been eliminated.
(F) Meet all zoning standards applicable to the location of the property.
Response: It seems inappropriate to require past alterations to conform to current zoning
standards when most alterations occurred prior to the development of the current zoning
standards. A large number of historic properties would not qualify under finding “F” as
most have at least some minor nonconformities (setbacks, height, parking, etc.). This
finding has been eliminated.
Budget Considerations: Based on the value of a property receiving a Mills Act
Contract, and the property’s current tax rates, staff estimates that the granting of a Mills
Act Contract would result in a decrease in tax revenue to the City of between $1,000 to
$3,000 dollars.
The proposed Mills Act requirements limit the number of historic properties that could
potentially qualify for a contract. However, if the Council is still concerned about
potential financial impacts, a cap could be established that limited the number of
contracts that could be approved during any given fiscal years. Many communities that
offer Mills Act Contracts have established similar caps.
RECOMMENDATION
Approve the Ordinance amending the Mills Act requirements on first reading.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in its historic character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide historic preservation; and
WHEREAS, the Mills Act was adopted by the State of California in 1972; and
WHEREAS, jurisdictions are not required to implement the Mills Act; and
WHEREAS, participating jurisdictions may establish specific application requirements to suit local needs; and
WHEREAS, the City adopted the Mills Act as a potential benefit to property owners of historic resources as part of the Local Coastal Program; and
WHEREAS, the proposed ordinance revises section 17.32.100.B of the Zoning
Ordinance/Local Implementation Plan to focus Mills Act contracts on properties that have a demonstrable rehabilitation need; and
WHEREAS, the Historic Resources Board and the Planning Commission unanimously recommended adoption of the ordinance; and
WHEREAS, this ordinance will be carried out in a manner consistent with the California Coastal Act.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:
Amend Municipal Code Section 17.32.100.B (Exhibit “A”) amending the Mills Act program in the City of Carmel-by-the-Sea.
Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.
Effective Date. This ordinance shall become effective 30 days after final adoption by the City Council or the California Coastal Commission, whichever occurs last.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___ day of ________ 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_________________________________
Heidi Burch, City Clerk
Exhibit “A”
City Mills Act Requirements (revisions shown in strikeout and underline)
B. Mills Act Historical Property Contracts. (CMC 17.32.10)
1. Purpose. A Mills Act contract under State law is an agreement between the City
of Carmel and a property owner of an historic building listed on the Carmel Register.
The property owner benefits from a reduction in property taxes, and the City is assured
that the historic building is rehabilitated, maintained and preserved. All Mills Act
contracts shall be established, processed and approved in conformance with California
law. The primary purpose for offering Mills Act contracts in the City of Carmel-bythe-
Sea is to assist in the rehabilitation and long-term maintenance of historic
resources.
2. Applicability. Properties in the R-1 district that have been, and will be, preserved
in their historic size, form and design without significant alterations or additions are
eligible for Mills Act contracts. Mills Act contracts for properties in the R-4 and
commercial districts shall be limited to those creating new low-, very low- or moderateincome
housing through conversion of existing floor space occupied by market-rate
housing or occupied by nonresidential uses. Properties that are not currently on the
register shall not be eligible for a Mills Act contracts with the City.
3. Term of Contract. All Mills Act contracts shall have a term of 10 years and one
year shall be added to this term annually upon each anniversary date of the contract
unless one or both parties have taken action to terminate the contract. The City
Administrator shall be authorized to initiate contract termination on behalf of the City
based on recommendations of the Department. The contract rights and obligations are
binding upon all successive owners of the property during the life of the contract. The
property retains the lower Mills Act tax rate when the property is sold. To end a contract,
either party may submit a notice of nonrenewal to the other party. Such notices shall
cause the contract to terminate at the end of the then-current 10-year contract period.
Cancellation of a contract by the City due to noncompliance requires a public hearing
and, if cancelled, results in the immediate termination of the contract and a penalty
equal to 12.5 percent of the assessed market value of the property.
4. Contract Requirements. The contract will require that the historic elements of the
property are maintained in good condition. This will include a plan for maintenance and
may include a program to restore deteriorated elements. All recipients of Mills Act
contracts are required to implement a maintenance plan prepared by a qualified
professional and to submit an annual report to the Department specifying all work that
has been done to maintain and preserve the historic resource over the year in
compliance with the approved maintenance plan. All maintenance work shall be
completed in conformance with the Secretary of Interior’s Standards for Rehabilitation.
All Mills Act contracts shall specify that the maintenance plan shall be updated at least
every 10 years by a qualified professional and approved by both parties.
5. Applications.
a. Staff shall make available appropriate Mills Act application materials.
Applications for contracts that will commence in the following calendar year shall be
submitted no later than June 30th of each year. This annual schedule provides sufficient
time from receipt of application materials for a recommendation by the Board, the City
Council to approve and the City Clerk to
61
cause to be recorded approved contracts within the calendar year in which application
materials are received. The contract term would begin January 1st of the year following
the application.
b. The following materials are required for a complete application:
i. A completed application form and all filing fees as established by resolution of
the City Council.
ii. A full legal description of the property attached and labeled “Exhibit A.”
iii. A rehabilitation and maintenance plan for the historic resource prepared or
reviewed by a qualified professional together with a cost estimate of the work to be
done attached and labeled as “Exhibit B.”
iv. Photos of the exterior of the property attached as “- to assist in the
rehabilitation and maintenance of the property attached as “Exhibit D”.
6. Review Process.
a. Upon submittal of a complete application, staff will prepare a staff report for
review by the Board. The Board shall consider each application for a Mills Act contract
and make recommendations to the City Council to approve, approve with conditions or
deny the application.
b. The City Council shall, in a public hearing, consider recommendations from the
Board and resolve to approve, approve with conditions, or deny the proposed contract
with sufficient time for action by the City Clerk so that recordation of approved contracts
occurs prior to December 31st of the year in which the application is received.
c. To grant approval of a Mills Act contract, the Board and City Council shall make
all of the following findings:
i. The building is designated as an historic resource by the City and is listed on the
Carmel Register.
ii. The proposed rehabilitation and maintenance plan is appropriate in scope and
sufficient in detail to guide long-term maintenance. Required maintenance and
rehabilitation should be more significant than just routine maintenance that
would be expected for any property.
iii. Alterations to the historic resource have been in the past, and will continue to be
in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only), and do not
affect the basic form and design of the original historic resource , and
(B) Do not significantly alter affect any primary elevation, and
(C) Do not alter, damage or diminish any character-defining feature, and
-(D) Do not increase floor area on the property by more than 15 percent beyond
the amount established in the documented original or historic design of the resource,
and
(E) Do not result in any second-story addition to a single-story historic resource. ,
and
(F) Meet all zoning standards applicable to the location of the property.
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and/or
maintaining the historic resource. and/or will offset potential losses of income that might
otherwise be achieved on the property.
v. Approval of the Mills Act contract will represent an equitable balance of public
and private interests and will not result in substantial adverse financial impact on the
City.
d. Upon approval of a contract by the City Council, the City Clerk shall transmit the
contract, with the appropriate fee, to the County Recorder’s Office. The property owner
62
is responsible for all filing fees. After recordation, the recorded contract shall be
transmitted to the County Assessor. The Assessor calculates the exact tax savings.
Property owners are required to report to the State Office of Historic Preservation that a
Mills Act contract has been completed.
63
Attachment “B”
MILLS ACT
CALIFORNIA GOVERNMENT CODE
SECTION 50280-50290
50280. Upon the application of an owner or the agent of an owner of
any qualified historical property, as defined in Section 50280.1,
the legislative body of a city, county, or city and county may
contract with the owner or agent to restrict the use of the property
in a manner which the legislative body deems reasonable to carry out
the purposes of this article and of Article 1.9 (commencing with
Section 439) of Chapter 3 of Part 2 of Division 1 of the Revenue and
Taxation Code. The contract shall meet the requirements of Sections
50281 and 50282.
50280.1. "Qualified historical property" for purposes of this
article, means privately owned property which is not exempt from
property taxation and which meets either of the following:
(a) Listed in the National Register of Historic Places or located
in a registered historic district, as defined in Section 1.191-2(b)
of Title 26 of the Code of Federal Regulations.
(b) Listed in any state, city, county, or city and county official
register of historical or architecturally significant sites, places,
or landmarks.
50281. Any contract entered into under this article shall contain
the following provisions:
(a) The term of the contract shall be for a minimum period of 10
years.
(b) Where applicable, the contract shall provide the following:
(1) For the preservation of the qualified historical property and,
when necessary, to restore and rehabilitate the property to conform
to the rules and regulations of the Office of Historic Preservation
of the Department of Parks and Recreation, the United States
Secretary of the Interior's Standards for Rehabilitation, and the
State Historical Building Code.
(2) For the periodic examinations of the interior and exterior of
the premises by the assessor, the Department of Parks and Recreation,
and the State Board of Equalization as may be necessary to determine
the owner's compliance with the contract.
(3) For it to be binding upon, and inure to the benefit of, all
successors in interest of the owner. A successor in interest shall
have the same rights and obligations under the contract as the
original owner who entered into the contract.
(c) The owner or agent of an owner shall provide written notice of
the contract to the Office of Historic Preservation within six
months of entering into the contract.
50281.1. The legislative body entering into a contract described in
this article may require that the property owner, as a condition to
entering into the contract, pay a fee not to exceed the reasonable
cost of administering this program.
50282. (a) Each contract shall provide that on the anniversary date
64
of the contract or such other annual date as is specified in the
contract, a year shall be added automatically to the initial term of
the contract unless notice of nonrenewal is given as provided in this
section. If the property owner or the legislative body desires in
any year not to renew the contract, that party shall serve written
notice of nonrenewal of the contract on the other party in advance of
the annual renewal date of the contract. Unless the notice is served
by the owner at least 90 days prior to the renewal date or by the
legislative body at least 60 days prior to the renewal date, one year
shall automatically be added to the term of the contract.
(b) Upon receipt by the owner of a notice from the legislative
body of nonrenewal, the owner may make a written protest of the
notice of nonrenewal. The legislative body may, at any time prior to
the renewal date, withdraw the notice of nonrenewal.
(c) If the legislative body or the owner serves notice of intent
in any year not to renew the contract, the existing contract shall
remain in effect for the balance of the period remaining since the
original execution or the last renewal of the contract, as the case
may be.
(d) The owner shall furnish the legislative body with any
information the legislative body shall require in order to enable it
to determine the eligibility of the property involved.
(e) No later than 20 days after a city or county enters into a
contract with an owner pursuant to this article, the clerk of the
legislative body shall record with the county recorder a copy of the
contract, which shall describe the property subject thereto. From and
after the time of the recordation, this contract shall impart a
notice thereof to all persons as is afforded by the recording laws of
this state.
50284. The legislative body may cancel a contract if it determines
that the owner has breached any of the conditions of the contract
provided for in this article or has allowed the property to
deteriorate to the point that it no longer meets the standards for a
qualified historical property. The legislative body may also cancel a
contract if it determines that the owner has failed to restore or
rehabilitate the property in the manner specified in the contract.
50285. No contract shall be canceled under Section 50284 until
after the legislative body has given notice of, and has held, a
public hearing on the matter. Notice of the hearing shall be mailed
to the last known address of each owner of property within the
historic zone and shall be published pursuant to Section 6061.
50286. (a) If a contract is canceled under Section 50284, the owner
shall pay a cancellation fee equal to 12 1/2 percent of the current
fair market value of the property , as determined by the county
assessor as though the property were free of the contractual
restriction.
(b) The cancellation fee shall be paid to the county auditor, at
the time and in the manner that the county auditor shall prescribe,
and shall be allocated by the county auditor to each jurisdiction in
the tax rate area in which the property is located in the same manner
as the auditor allocates the annual tax increment in that tax rate
area in that fiscal year.
(c) Notwithstanding any other provision of law, revenue received
by a school district pursuant to this section shall be considered
65
property tax revenue for the purposes of Section 42238 of the
Education Code, and revenue received by a county superintendent of
schools pursuant to this section shall be considered property tax
revenue for the purposes of Article 3 (commencing with Section 2550)
of C
Code.
hapter 12 of Part 2 of Division 1 of Title 1 of the Education
50287. As an alternative to cancellation of the contract for breach
of any condition, the county, city, or any landowner may bring any
action in court necessary to enforce a contract including, but not
limited to, an action to enforce the contract by specific performance
or injunction.
50288. In the event that property subject to contract under this
article is acquired in whole or in part by eminent domain or other
acquisition by any entity authorized to exercise the power of eminent
domain, and the acquisition is determined by the legislative body to
frustrate the purpose of the contract, such contract shall be
canceled and no fee shall be imposed under Section 50286. Such
contract shall be deemed null and void for all purposes of
determining the value of the property so acquired.
50289. In the event that property restricted by a contract with a
county under this article is annexed to a city, the city shall
succeed to all rights, duties, and powers of the county under such
contract.
50290. Local agencies and owners of qualified historical properties
may consult with the State Historical Resources Commission for its
advice and counsel on matters relevant to historical property
contracts.
Saturday, April 3, 2010
CITY COUNCIL: Resolution Authorizing Pass-Through Disposal Rate Increase & Annual Cost-of-Living Adjustment for Waste Management (WM)
Meeting Date: April 6, 2010
Prepared by: Rich Guillen
City Council
Agenda Item Summary
Name: Re-consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48% for a total increase of 3.02%.
Description: Waste Management (WM), Inc. is the City’s trash and recyclable goods collector. It has an exclusive Franchise Agreement with the City. This agreement allows WM to request an annual rate adjustment, whenever the Monterey Regional Waste Management District (MRWMD) Board of Directors authorizes a rate increase. MRWMD approved an increase, effective February 2, 2010. WM notified the City of the proposed fee increase on January 5, 2009. Subsequently, WM withdrew their request so to minimize the financial burden to their customers with the downturn of the economy. WM is now requesting again that the City consider its request for a rate increase. This notice conforms to the exclusive Franchise Agreement requiring WM to notify the City at least 60 days in advance.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution authorizing the requested 0.54% fee adjustment and the 2.48% COLA or an alternate COLA adjustment.
Important Considerations: The WM request conforms to Section 6, Collection Rates, as written in the City’s exclusive Franchise Agreement.
Concerns were expressed by residents subsequent to the Council decision on March 2, 2010. Mayor McCloud requested a reconsideration of the item.
Decision Record: Council annually reviews WM rate adjustments. The most recent fee adjustment of 11.95% was approved by the City Council on April 3, 2008.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING AN ANNUAL PASS-THROUGH RATE INCREASE OF 0.54% FOR WASTE MANAGEMENT SERVICES AND A 2.48% COST-OF-LIVING ADJUSTMENT
WHEREAS, Waste Management is the City’s trash and recyclable goods
collector; and
WHEREAS, the Monterey Regional Waste Management District increased the
disposal fees to take effect on February 2, 2010; and
WHEREAS, Waste Management is requesting a 2.48% cost-of-living adjustment
in addition to the requested .54% pass-through disposal cost; and
WHEREAS, Waste Management submitted a formal written request 60 days prior
to the effective date as required in its exclusive Franchise Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve an annual rate adjustment of 0.54% for residential and commercial customers to cover cost increases to disposal fees, as requested by the Monterey Regional Waste Management District.
2. Approve a cost-of-living adjustment increase of 2.48% for 2010.
3. Authorize the effective date of February 2, 2010 for the above annual rate adjustment.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of April 2010, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
Prepared by: Rich Guillen
City Council
Agenda Item Summary
Name: Re-consideration of a Resolution approving a pass-through disposal rate increase of 0.54% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 2.48% for a total increase of 3.02%.
Description: Waste Management (WM), Inc. is the City’s trash and recyclable goods collector. It has an exclusive Franchise Agreement with the City. This agreement allows WM to request an annual rate adjustment, whenever the Monterey Regional Waste Management District (MRWMD) Board of Directors authorizes a rate increase. MRWMD approved an increase, effective February 2, 2010. WM notified the City of the proposed fee increase on January 5, 2009. Subsequently, WM withdrew their request so to minimize the financial burden to their customers with the downturn of the economy. WM is now requesting again that the City consider its request for a rate increase. This notice conforms to the exclusive Franchise Agreement requiring WM to notify the City at least 60 days in advance.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution authorizing the requested 0.54% fee adjustment and the 2.48% COLA or an alternate COLA adjustment.
Important Considerations: The WM request conforms to Section 6, Collection Rates, as written in the City’s exclusive Franchise Agreement.
Concerns were expressed by residents subsequent to the Council decision on March 2, 2010. Mayor McCloud requested a reconsideration of the item.
Decision Record: Council annually reviews WM rate adjustments. The most recent fee adjustment of 11.95% was approved by the City Council on April 3, 2008.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING AN ANNUAL PASS-THROUGH RATE INCREASE OF 0.54% FOR WASTE MANAGEMENT SERVICES AND A 2.48% COST-OF-LIVING ADJUSTMENT
WHEREAS, Waste Management is the City’s trash and recyclable goods
collector; and
WHEREAS, the Monterey Regional Waste Management District increased the
disposal fees to take effect on February 2, 2010; and
WHEREAS, Waste Management is requesting a 2.48% cost-of-living adjustment
in addition to the requested .54% pass-through disposal cost; and
WHEREAS, Waste Management submitted a formal written request 60 days prior
to the effective date as required in its exclusive Franchise Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve an annual rate adjustment of 0.54% for residential and commercial customers to cover cost increases to disposal fees, as requested by the Monterey Regional Waste Management District.
2. Approve a cost-of-living adjustment increase of 2.48% for 2010.
3. Authorize the effective date of February 2, 2010 for the above annual rate adjustment.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of April 2010, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
FOREST AND BEACH COMMISSION AGENDA & MINUTES April 2010
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
REGULAR MEETING AGENDA
Thursday, 1 April 2010
Tour of Inspection – 1:30 p.m.
Regular Meeting – 2:00 p.m.
City Hall, Council Chambers
East side Monte Verde St. between Ocean & 7th Avenues
Carmel, California
I. CALL TO ORDER AND ROLL CALL
COMMISSION MEMBERS: JOE FORD, CHAIRPERSON
LESLIE KADIS
VICTORIA LYNCH
TODD HORNIK
TOM LEVERONE
II. PLEDGE OF ALLEGIANCE
IV. APPEARANCES
Thank you for attending the meeting. Anyone wishing to address the Commission on matters within the jurisdiction of the Commission may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three minutes, or as established by the Commission. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.
V. CONSENT AGENDA
1. Consideration of the minutes for the 4 March 2010 regular and 11 March 2010 special meetings.
VI. APPLICATIONS/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 FOREST AND BEACH COMMISSION, OR PRIOR TO DELIBERATION OF THE ITEMS ON THE TOUR OF INSPECTION/PUBLIC HEARING.
1. Consideration of an application to remove a 12” diameter Liquidambar tree the applicant considers to be causing damage to a fence and crowding nearby coast live oak trees. The site is located on the east side of Carmelo St., 3 south of Twelfth Ave. The applicant/owner is Jean Pereira.
2. Consideration of an application to remove a 42” diameter Monterey pine the applicant considers a hazard. The site is located on the north side of 10th Ave., 2 west of Camino Real St. The owner/applicant is Larry Southern.
VII. ORDERS OF BUSINESS
1. Consideration of an Arbor Day event for 2010.
VIII. REPORTS FROM STAFF AND COMMISSION
1. Receive verbal report from the Ad Hoc Beach Committee.
2. Receive verbal report on the City Council special meeting of 23 March 2010.
IX. ADJOURNMENT
Any writings or documents provided to a majority of the Forest and Beach Commission regarding any item on this agenda will be made available for public inspection in the Planning and Building Department located at City Hall, on Monte Verde between Ocean and 7th Avenues during normal business hours.
If there is not a special meeting, the next regular meeting of the Forest and Beach Commission will be:
6 May 2010
1:30 p.m. – Tour of Inspection
2:00 p.m. - Regular Agenda
The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. The City of Carmel-by-the-Sea Telecommunication’s Device for the Deaf /Speech Impaired (TDD) number is 1-800-735-2929.
FOREST AND BEACH COMMISSION
REGULAR MEETING AGENDA
Thursday, 1 April 2010
Tour of Inspection – 1:30 p.m.
Regular Meeting – 2:00 p.m.
City Hall, Council Chambers
East side Monte Verde St. between Ocean & 7th Avenues
Carmel, California
I. CALL TO ORDER AND ROLL CALL
COMMISSION MEMBERS: JOE FORD, CHAIRPERSON
LESLIE KADIS
VICTORIA LYNCH
TODD HORNIK
TOM LEVERONE
II. PLEDGE OF ALLEGIANCE
IV. APPEARANCES
Thank you for attending the meeting. Anyone wishing to address the Commission on matters within the jurisdiction of the Commission may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three minutes, or as established by the Commission. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.
V. CONSENT AGENDA
1. Consideration of the minutes for the 4 March 2010 regular and 11 March 2010 special meetings.
VI. APPLICATIONS/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 FOREST AND BEACH COMMISSION, OR PRIOR TO DELIBERATION OF THE ITEMS ON THE TOUR OF INSPECTION/PUBLIC HEARING.
1. Consideration of an application to remove a 12” diameter Liquidambar tree the applicant considers to be causing damage to a fence and crowding nearby coast live oak trees. The site is located on the east side of Carmelo St., 3 south of Twelfth Ave. The applicant/owner is Jean Pereira.
2. Consideration of an application to remove a 42” diameter Monterey pine the applicant considers a hazard. The site is located on the north side of 10th Ave., 2 west of Camino Real St. The owner/applicant is Larry Southern.
VII. ORDERS OF BUSINESS
1. Consideration of an Arbor Day event for 2010.
VIII. REPORTS FROM STAFF AND COMMISSION
1. Receive verbal report from the Ad Hoc Beach Committee.
2. Receive verbal report on the City Council special meeting of 23 March 2010.
IX. ADJOURNMENT
Any writings or documents provided to a majority of the Forest and Beach Commission regarding any item on this agenda will be made available for public inspection in the Planning and Building Department located at City Hall, on Monte Verde between Ocean and 7th Avenues during normal business hours.
If there is not a special meeting, the next regular meeting of the Forest and Beach Commission will be:
6 May 2010
1:30 p.m. – Tour of Inspection
2:00 p.m. - Regular Agenda
The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. The City of Carmel-by-the-Sea Telecommunication’s Device for the Deaf /Speech Impaired (TDD) number is 1-800-735-2929.
COMMUNITY ACTIVITIES & CULTURAL COMMISSION AGENDA & MINUTES April 2010
CITY OF CARMEL-BY-THE-SEA
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
AGENDA
Regular Meeting
Tuesday, April 13, 2010, 9:30 AM
City Hall
East Side Monte Verde between Ocean and Seventh Avenues
I. Roll Call-Clyde Klaumann, Dixie Dixon, Donna Jett, Conrad Kohrs, Ruth Rachel
II. Pledge of Allegiance
III. Appearances
Anyone wishing to address the Commission on items within its jurisdiction may do so now. Please rise, state your name and the matter on which you wish to speak. Matters not appearing on the Community Activities & Cultural Commission agenda will not receive action at this meeting. Presentation will be limited to three minutes, or as established by the Community Activities & Cultural Commission.
IV. Approval of minutes for the meeting of March 9, 2010 and for the March 17, 2010, Special Meeting.
V. Orders of Business
A. Presentation from Nancy Budd, Director of the Center for Photographic Art.
B. Further review and discussion of fees for Special Event Permits.
VII. Announcements from the Chair and/or Commissioners
VIII. Announcements from the Assistant City Administrator – Receive and Discuss Reports, provide direction as necessary.
• Special Event Permits
14th Annual Breakfast with the Bunny in Bunnyland: Sat., Apr. 3, 2010, 8:30 a.m. update
17th Annual Carmel Art Festival, May 13-17, 2010
30th Annual Surf-About Contest, Sat., May 22 & Sun., May 23, 2010, 7:00 a.m.
Memorial Day Ceremony, Mon., May 31, 2010, 11:00 a.m., Devendorf Park
4th of July Celebration, Sun., July 4, 2010, Devendorf Park 12:00 Noon
3rd Annual Carmel-by-the-Sea Concours on the Avenue, Tues., Aug. 10, 2010, 11:30 a.m.
Concours d’Elegance Vintage Car Parade & Display, Thurs., Aug. 12, 2010, 11:30 a.m.
PG Auto Rally, Fri., Aug. 13, 2010, Ocean Ave., 6:00 p.m.
49th Annual Sandcastle Contest, TBD
Carmel High Homecoming Parade, TBD
2nd Annual Carmel Art & Film Festival, October 6-10, 2010
94th City Birthday Party & Halloween Parade, Oct. 30, 2010, 11:00 AM/12 Noon Lunch
Veteran’s Day Ceremony, Thurs., Nov. 11, 2010, 11:00 a.m., Devendorf Park
Holiday Tree Lighting Ceremony, Fri., Dec. 3, 2010, 5:45 p.m., Ocean Ave.
IX. Future Agenda Items
A. Presentation by Susan Love and Mike Love – Run in the Name of Love 5K
X. Adjournment
The next regular meeting of the Community Activities & Cultural Commission Is Tuesday, May 11, 2010 at 9:30 AM
Any writings or documents provided to a majority of the Community Activities & Cultural Commission regarding any item on this agenda will be made available for public inspection by calling the Community Services Department at 831/620.2020.
MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
APRIL 13, 2010
I. CALL TO ORDER AND ROLL CALL PRESENT: Commission Members Klaumann, Rachel, Dixon, Jett &
Kohrs (arrived at 9:35 a.m.)
ABSENT: NONE
STAFF PRESENT: Heidi Burch, Assistant City Administrator Cindi Lopez-Frincke, Community Services Assistant
II. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the pledge of allegiance.
III. APPEARANCES
None.
IV. APPROVAL OF MINUTES
Commissioner DIXON moved ratification of the minutes from the March 9, 2010, meeting seconded by Commissioner RACHEL and carried by the following roll call vote:
AYES: KLAUMANN, DIXON, JETT, RACHEL, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Commissioner JETT moved ratification of the minutes from the Special Meeting on March 17, 2010, meeting seconded by Commissioner DIXON and carried by the following roll call vote:
AYES: KLAUMANN, DIXON, JETT, RACHEL, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
V. ORDERS OF BUSINESS
A. Presentation from Nancy Budd, Director of the Center for Photographic Art
Nancy Budd presented the Commission with the Center’s proposal regarding the activities for youth participating in their program along with a budget and request for funding from the Communities Activities and Cultural Commission.
Following discussion it was recommended that Nancy Budd appear at the Budget Meeting scheduled for May 27, 2010 and to present her request for funding the Center’s Youth Program to the City Council.
B. Further Review and Discussion of Fees for Special Event Permits
Further discussion to implement charging fees for all special event permits within the city limits and “grandfathering” in long established, on-going events. After discussion, a Motion was made by Commissioner DIXON, and seconded by Commissioner KOHRS to shorten the Memorandum presented at the March 9, 2010 Commission Meeting to remove discussion, leave prices and present the amended Memorandum to the Budget Committee.
The Motion was carried by the following roll call vote:
AYES: KLAUMANN, DIXON, JETT, RACHEL, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
VI. ANNOUNCEMENTS FROM THE CHAIR AND/OR COMMISSIONERS
None.
VII. ANNOUNCEMENTS FROM THE ASSISTANT CITY ADMINISTRATOR-RECEIVE AND DISCUSS REPORTS, PROVIDE DIRECTION AS NECESSARY.
None.
VIII. FUTURE AGENDA ITEMS
A. Presentation by Susan Love and Mike Dove-“Run In The Name Of Love 5K”
B.
IX. ADJOURNMENT
There being no further business to come before the Commission, Chair Klaumann adjourned the meeting at 10:10 a.m.
Respectfully submitted,
___________________________________________
Cindi Lopez-Frincke, Community Services Assistant
ATTEST:
___________________________________
Clyde Klaumann, Chair of the Commission
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
AGENDA
Regular Meeting
Tuesday, April 13, 2010, 9:30 AM
City Hall
East Side Monte Verde between Ocean and Seventh Avenues
I. Roll Call-Clyde Klaumann, Dixie Dixon, Donna Jett, Conrad Kohrs, Ruth Rachel
II. Pledge of Allegiance
III. Appearances
Anyone wishing to address the Commission on items within its jurisdiction may do so now. Please rise, state your name and the matter on which you wish to speak. Matters not appearing on the Community Activities & Cultural Commission agenda will not receive action at this meeting. Presentation will be limited to three minutes, or as established by the Community Activities & Cultural Commission.
IV. Approval of minutes for the meeting of March 9, 2010 and for the March 17, 2010, Special Meeting.
V. Orders of Business
A. Presentation from Nancy Budd, Director of the Center for Photographic Art.
B. Further review and discussion of fees for Special Event Permits.
VII. Announcements from the Chair and/or Commissioners
VIII. Announcements from the Assistant City Administrator – Receive and Discuss Reports, provide direction as necessary.
• Special Event Permits
14th Annual Breakfast with the Bunny in Bunnyland: Sat., Apr. 3, 2010, 8:30 a.m. update
17th Annual Carmel Art Festival, May 13-17, 2010
30th Annual Surf-About Contest, Sat., May 22 & Sun., May 23, 2010, 7:00 a.m.
Memorial Day Ceremony, Mon., May 31, 2010, 11:00 a.m., Devendorf Park
4th of July Celebration, Sun., July 4, 2010, Devendorf Park 12:00 Noon
3rd Annual Carmel-by-the-Sea Concours on the Avenue, Tues., Aug. 10, 2010, 11:30 a.m.
Concours d’Elegance Vintage Car Parade & Display, Thurs., Aug. 12, 2010, 11:30 a.m.
PG Auto Rally, Fri., Aug. 13, 2010, Ocean Ave., 6:00 p.m.
49th Annual Sandcastle Contest, TBD
Carmel High Homecoming Parade, TBD
2nd Annual Carmel Art & Film Festival, October 6-10, 2010
94th City Birthday Party & Halloween Parade, Oct. 30, 2010, 11:00 AM/12 Noon Lunch
Veteran’s Day Ceremony, Thurs., Nov. 11, 2010, 11:00 a.m., Devendorf Park
Holiday Tree Lighting Ceremony, Fri., Dec. 3, 2010, 5:45 p.m., Ocean Ave.
IX. Future Agenda Items
A. Presentation by Susan Love and Mike Love – Run in the Name of Love 5K
X. Adjournment
The next regular meeting of the Community Activities & Cultural Commission Is Tuesday, May 11, 2010 at 9:30 AM
Any writings or documents provided to a majority of the Community Activities & Cultural Commission regarding any item on this agenda will be made available for public inspection by calling the Community Services Department at 831/620.2020.
MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
APRIL 13, 2010
I. CALL TO ORDER AND ROLL CALL PRESENT: Commission Members Klaumann, Rachel, Dixon, Jett &
Kohrs (arrived at 9:35 a.m.)
ABSENT: NONE
STAFF PRESENT: Heidi Burch, Assistant City Administrator Cindi Lopez-Frincke, Community Services Assistant
II. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the pledge of allegiance.
III. APPEARANCES
None.
IV. APPROVAL OF MINUTES
Commissioner DIXON moved ratification of the minutes from the March 9, 2010, meeting seconded by Commissioner RACHEL and carried by the following roll call vote:
AYES: KLAUMANN, DIXON, JETT, RACHEL, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Commissioner JETT moved ratification of the minutes from the Special Meeting on March 17, 2010, meeting seconded by Commissioner DIXON and carried by the following roll call vote:
AYES: KLAUMANN, DIXON, JETT, RACHEL, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
V. ORDERS OF BUSINESS
A. Presentation from Nancy Budd, Director of the Center for Photographic Art
Nancy Budd presented the Commission with the Center’s proposal regarding the activities for youth participating in their program along with a budget and request for funding from the Communities Activities and Cultural Commission.
Following discussion it was recommended that Nancy Budd appear at the Budget Meeting scheduled for May 27, 2010 and to present her request for funding the Center’s Youth Program to the City Council.
B. Further Review and Discussion of Fees for Special Event Permits
Further discussion to implement charging fees for all special event permits within the city limits and “grandfathering” in long established, on-going events. After discussion, a Motion was made by Commissioner DIXON, and seconded by Commissioner KOHRS to shorten the Memorandum presented at the March 9, 2010 Commission Meeting to remove discussion, leave prices and present the amended Memorandum to the Budget Committee.
The Motion was carried by the following roll call vote:
AYES: KLAUMANN, DIXON, JETT, RACHEL, KOHRS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
VI. ANNOUNCEMENTS FROM THE CHAIR AND/OR COMMISSIONERS
None.
VII. ANNOUNCEMENTS FROM THE ASSISTANT CITY ADMINISTRATOR-RECEIVE AND DISCUSS REPORTS, PROVIDE DIRECTION AS NECESSARY.
None.
VIII. FUTURE AGENDA ITEMS
A. Presentation by Susan Love and Mike Dove-“Run In The Name Of Love 5K”
B.
IX. ADJOURNMENT
There being no further business to come before the Commission, Chair Klaumann adjourned the meeting at 10:10 a.m.
Respectfully submitted,
___________________________________________
Cindi Lopez-Frincke, Community Services Assistant
ATTEST:
___________________________________
Clyde Klaumann, Chair of the Commission
PLANNING COMMISSION AGENDA & MINUTES April 2010
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION – MINUTES
APRIL 14, 2010
I. CALL TO ORDER AND ROLL CALL
PRESENT:Commission Members: Beach, Paterson, Wilson, Hillyard, Reimers
ABSENT: Commission Members: None
STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Marc Wiener, Assistant Planner
Leslie Fenton, Administrative Coordinator
II. TOUR OF INSPECTION
The Planning Commission toured the following sites: Wallner, Ardaiz, Taylor, Parker, Ginn, Baron, Lauter, Carmel Plaza and Chamber of Commerce.
III. ROLL CALL
IV. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the pledge of allegiance.
V. ANNOUNCEMENTS FROM DIRECTOR OR CHAIR
Sean Conroy, Planning & Building Services Manager, made the following announcements:
1. The City Council will participate as a member in the California 1st Program.
2. Commissioner Hillyard has been appointed to the City’s Traffic Committee.
VI. APPEARANCES
None
VII. CONSENT AGENDA
1. Consideration of Planning Commission minutes from March 10, 2010.
2. Capital Improvement Plan
City of Carmel
Consideration of recommendations to the City Council on the consistency of the proposed Capital Improvement Program with the General Plan.
3. DS 10-7
Stephen Walker
NE San Antonio & 4th
Block NN, Lot(s) 2
Consideration of a Design Study application for exterior alterations to an existing residence located in the Single Family Residential (R-1) and Archaeological Significance Overlay Districts.
4. DS 10-27
Marilyn Taylor
SW Torres & 9th
Block 108, Lot(s) 1
Consideration of Design Study (Concept & Final) and Coastal Development Permit applications for the substantial alteration of an existing residence located in the Single Family Residential (R-1) District.
5. UP 10-3
Catherine Compagno (Johnston)
E/s Mission bt. 4 & 5
Block 49, Lot(s) 14
Consideration of an application to amend an existing Use Permit for a restaurant located in the Service Commercial (SC) District.
6. DS 10-13
City of Carmel (Mathews)
Scenic N of 11th
Consideration of a Public Bench and Plaque Donation application for the installation of a bench on the Beach Bluff Pathway on Scenic Drive near Eleventh Avenue. The bench memorial is for Elizabeth Powell Mathews and William D. Powell.
7. DS 10-29
Judith Wallner
W/s Alta 2 S of Mission
Block 4.5, Lot(s) 1 & 3
Consideration of Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located in the Single Family Residential (R-1), Archaeological Significance and High Fire Hazard Severity District.
Commissioner HILLYARD moved to approve the Consent Agenda, seconded by PATERSON and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
VIII. CONSENT AGENDA (PULLED ITEMS)
1. DR 10-8
Macerich – Carmel Plaza
SW Ocean & Junipero
Block 78, Lot(s) All
Consideration of a Design Review application for the installation of four display windows and a new entrance to an existing building located in the Central Commercial (CC) District.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 4:12 p.m. Brian Congleton
appeared before the Commission. There being no other appearances, the public hearing was closed at 4:20 p.m.
Commissioner BEACH moved to approve the application with staff’s Special Conditions #1, #3 and #4; change to Special Condition #2 - The All proposed windows on the Junipero Avenue elevation shall be permitted to extend to the finished floor of the building, but not below not extend below the existing finished floor of the building, seconded by HILLYARD and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
IX. PUBLIC HEARINGS
1. Window Committee
City of Carmel
Consideration of recommendations from the Window Committee regarding the City’s policy on residential window applications.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 4:31 p.m. Roberta Miller, Monte Miller, John Phillips, Safwat Malak, John Matthems, Barbara Livingston and Anatoly appeared before the Commission. There being no other appearances, the public hearing was closed at 4:45 p.m.
Commissioner HILLYARD moved to accept the recommendation of the Window Committee as written and forward it to City Council to adopt the sub-committee’s report and reconfirm the validity of the guidelines in question and urge City Council to do the same, seconded by WILSON and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: Paterson
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
2. SI 10-17
Chamber of Commerce
W/s San Carlos bet. 5th & 6th
Blk 56, Lot 9
Consideration of a Sign Application to allow a TV monitor visible from the street for the Carmel Chamber of Commerce located in the Central Commercial (CC) District.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 5:01 p.m. Vicki Lynch appeared before the Commission. There being no other appearances, the public hearing was closed at 5:10 p.m.
Commissioner WILSON moved to approve the application with the following Special Conditions: #1. the Chamber can keep they currently have; #2. the screen is allowed to stay on at night due to it’s purpose of public service and #3. this approval is due to the Chamber’s status as a non-profit organization, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
3. DS 10-17
Leroy & Bunny Ginn
San Carlos 3 SW of 10th
Block 116, Lot(s) 5
Consideration of revisions to a previously approved project for the substantial alterations of an existing residence located in the R-1 and AS Districts.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 5:12 p.m. Claudio Ortiz, Barbara Livingston and Leroy Ginn appeared before the Commission. There being no other appearances, the public hearing was closed at 5:20 p.m.
Commissioner HILLYARD moved to approve the application with staff’s Special Condition #3 and delete Special Conditions #1 – the detached garage shall be located three-feet from the front setback as opposed to the previously required five-foot setback and #2 – the rear deck and addition shall comply with the 10-foot composite side-yard setback requirement, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
4. DS 10-24
Bill & Linda Baron
W/s Lincoln 5 N 13th
Block 135, Lot(s)15
Consideration of Design Study (Concept & Final), Demolition Permit and Coastal Development Permit applications for the demolition of an existing residence and the construction of a new residence located in the Single Family Residential (R-1) District.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 5:26 p.m. John Matthams appeared before the Commission. There being no other appearances, the public hearing was closed at 5:40 p.m.
Commissioner HILLYARD moved to approve the application with staff’s Special Conditions #1-3 and addition of Special Condition #4 – installation of un-clad wood windows, seconded by BEACH and carried by the following roll call vote:
AYES:COMMISSION MEMBERS:Beach, Wilson, Hillyard, Reimers NOES: COMMISSION MEMBERS: Paterson
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
5. DS 10-21
Mary Jo Lauter
N/s 12th 3 E of Monte Verde
Block 133, Lot(s) 11 & 13
Consideration of a Design Study application for the construction of a detached garage in the front setback on a site located in the Single Family Residential (R-1) District.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 5:46 p.m. Darren Davis and Monte Miller appeared before the Commission. There being no other appearances, the public hearing was closed at 5:50 p.m.
After further discussion the public hearing was re-opened at 5:55 p.m. Josh Fein appeared before the Commission. There being no other appearances, the public hearing was closed at 5:56 p.m.
Commissioner HILLYARD moved to approve the application with staff’s Special Condition #1 and addition of Special Conditions #2 – The applicant shall revise the dimensions of the garage to be 18’ x 12’ in order to provide three feet of clearance between the garage and main structure. The garage shall be relocated in a westward direction so that the western wall of the garage is flush with the western wall of the main residence; #3 - The stone veneer applied to the garage shall be consistent with the stone wall. The stone shall be applied across the full exterior of the garage; #4 - The applicant shall use unclad wood windows, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
6. UP 10-2
Mary Goold Tr (Kurtz)
SE Ocean & San Carlos
Block 77, Lot(s) 5,6,7,8
Consideration of a Use Permit application for a Specialty Food Store located in the Central Commercial (CC) District.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 6:06 p.m. Michael Kurtz and Jody LeTowt appeared before the Commission. There being no other appearances, the public hearing was closed at 6:10 p.m.
Commissioner HILLYARD moved to approve the Use Permit and commercial sign with staff’s Special Conditions and Findings and addition of Special Condition #9 – staff shall review completed commercial sign prior to installation, seconded by WILSON and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
7. DS 10-20
James Ardaiz
SE Torres & 3rd
Block 103, Lot(s) 2 & 4
Consideration of an amendment to a previously approved plan for the installation of a stone veneer on an existing residence located in the Single Family Residential (R-1) District.
Applicant requested the project be continued to the May meeting.
8. DS 10-28
Dolores Parker
E/s Junipero 6 S of 11th
Block 119, Lot(S) 14
Consideration of a Design Study application for the replacement of existing windows and siding for an existing residence located in the R-1 and AS Districts.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 6:16 p.m. Vladimir, Dolores Parker and Mitchell Alves appeared before the Commission. There being no other appearances, the public hearing was closed at 6:27 p.m.
After further discussion, the public hearing was re-opened at 6:40. Vladimir and Mitchell Alves appeared before the Commission. There being no other appearances, the public hearing was closed at 6:45 p.m.
Commissioner WILSON moved to approve the application with the following conditions: #1 – windows which are visible from the street shall have un-clad wood windows installed; #2 – remaining windows and skylights shall remain vinyl and #3 – siding approved as submitted, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
Commissioner WILSON moved to request staff to review with Council and City Attorney a fine system for projects which are completed without a building permit or approval from the Planning Department, seconded by HILLYARD and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
X. ADJOURNMENT
There being no further business to come before the Commission, the meeting was adjourned at 6:50 p.m.
___________________________________
Leslie Fenton, Administrative Coordinator
ATTEST:
____________________________________
Janet Reimers, Chairwoman
PLANNING COMMISSION – MINUTES
APRIL 14, 2010
I. CALL TO ORDER AND ROLL CALL
PRESENT:Commission Members: Beach, Paterson, Wilson, Hillyard, Reimers
ABSENT: Commission Members: None
STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Marc Wiener, Assistant Planner
Leslie Fenton, Administrative Coordinator
II. TOUR OF INSPECTION
The Planning Commission toured the following sites: Wallner, Ardaiz, Taylor, Parker, Ginn, Baron, Lauter, Carmel Plaza and Chamber of Commerce.
III. ROLL CALL
IV. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the pledge of allegiance.
V. ANNOUNCEMENTS FROM DIRECTOR OR CHAIR
Sean Conroy, Planning & Building Services Manager, made the following announcements:
1. The City Council will participate as a member in the California 1st Program.
2. Commissioner Hillyard has been appointed to the City’s Traffic Committee.
VI. APPEARANCES
None
VII. CONSENT AGENDA
1. Consideration of Planning Commission minutes from March 10, 2010.
2. Capital Improvement Plan
City of Carmel
Consideration of recommendations to the City Council on the consistency of the proposed Capital Improvement Program with the General Plan.
3. DS 10-7
Stephen Walker
NE San Antonio & 4th
Block NN, Lot(s) 2
Consideration of a Design Study application for exterior alterations to an existing residence located in the Single Family Residential (R-1) and Archaeological Significance Overlay Districts.
4. DS 10-27
Marilyn Taylor
SW Torres & 9th
Block 108, Lot(s) 1
Consideration of Design Study (Concept & Final) and Coastal Development Permit applications for the substantial alteration of an existing residence located in the Single Family Residential (R-1) District.
5. UP 10-3
Catherine Compagno (Johnston)
E/s Mission bt. 4 & 5
Block 49, Lot(s) 14
Consideration of an application to amend an existing Use Permit for a restaurant located in the Service Commercial (SC) District.
6. DS 10-13
City of Carmel (Mathews)
Scenic N of 11th
Consideration of a Public Bench and Plaque Donation application for the installation of a bench on the Beach Bluff Pathway on Scenic Drive near Eleventh Avenue. The bench memorial is for Elizabeth Powell Mathews and William D. Powell.
7. DS 10-29
Judith Wallner
W/s Alta 2 S of Mission
Block 4.5, Lot(s) 1 & 3
Consideration of Design Study and Coastal Development Permit applications for the substantial alteration of an existing residence located in the Single Family Residential (R-1), Archaeological Significance and High Fire Hazard Severity District.
Commissioner HILLYARD moved to approve the Consent Agenda, seconded by PATERSON and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
VIII. CONSENT AGENDA (PULLED ITEMS)
1. DR 10-8
Macerich – Carmel Plaza
SW Ocean & Junipero
Block 78, Lot(s) All
Consideration of a Design Review application for the installation of four display windows and a new entrance to an existing building located in the Central Commercial (CC) District.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 4:12 p.m. Brian Congleton
appeared before the Commission. There being no other appearances, the public hearing was closed at 4:20 p.m.
Commissioner BEACH moved to approve the application with staff’s Special Conditions #1, #3 and #4; change to Special Condition #2 - The All proposed windows on the Junipero Avenue elevation shall be permitted to extend to the finished floor of the building, but not below not extend below the existing finished floor of the building, seconded by HILLYARD and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
IX. PUBLIC HEARINGS
1. Window Committee
City of Carmel
Consideration of recommendations from the Window Committee regarding the City’s policy on residential window applications.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 4:31 p.m. Roberta Miller, Monte Miller, John Phillips, Safwat Malak, John Matthems, Barbara Livingston and Anatoly appeared before the Commission. There being no other appearances, the public hearing was closed at 4:45 p.m.
Commissioner HILLYARD moved to accept the recommendation of the Window Committee as written and forward it to City Council to adopt the sub-committee’s report and reconfirm the validity of the guidelines in question and urge City Council to do the same, seconded by WILSON and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: Paterson
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
2. SI 10-17
Chamber of Commerce
W/s San Carlos bet. 5th & 6th
Blk 56, Lot 9
Consideration of a Sign Application to allow a TV monitor visible from the street for the Carmel Chamber of Commerce located in the Central Commercial (CC) District.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 5:01 p.m. Vicki Lynch appeared before the Commission. There being no other appearances, the public hearing was closed at 5:10 p.m.
Commissioner WILSON moved to approve the application with the following Special Conditions: #1. the Chamber can keep they currently have; #2. the screen is allowed to stay on at night due to it’s purpose of public service and #3. this approval is due to the Chamber’s status as a non-profit organization, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
3. DS 10-17
Leroy & Bunny Ginn
San Carlos 3 SW of 10th
Block 116, Lot(s) 5
Consideration of revisions to a previously approved project for the substantial alterations of an existing residence located in the R-1 and AS Districts.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 5:12 p.m. Claudio Ortiz, Barbara Livingston and Leroy Ginn appeared before the Commission. There being no other appearances, the public hearing was closed at 5:20 p.m.
Commissioner HILLYARD moved to approve the application with staff’s Special Condition #3 and delete Special Conditions #1 – the detached garage shall be located three-feet from the front setback as opposed to the previously required five-foot setback and #2 – the rear deck and addition shall comply with the 10-foot composite side-yard setback requirement, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
4. DS 10-24
Bill & Linda Baron
W/s Lincoln 5 N 13th
Block 135, Lot(s)15
Consideration of Design Study (Concept & Final), Demolition Permit and Coastal Development Permit applications for the demolition of an existing residence and the construction of a new residence located in the Single Family Residential (R-1) District.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 5:26 p.m. John Matthams appeared before the Commission. There being no other appearances, the public hearing was closed at 5:40 p.m.
Commissioner HILLYARD moved to approve the application with staff’s Special Conditions #1-3 and addition of Special Condition #4 – installation of un-clad wood windows, seconded by BEACH and carried by the following roll call vote:
AYES:COMMISSION MEMBERS:Beach, Wilson, Hillyard, Reimers NOES: COMMISSION MEMBERS: Paterson
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
5. DS 10-21
Mary Jo Lauter
N/s 12th 3 E of Monte Verde
Block 133, Lot(s) 11 & 13
Consideration of a Design Study application for the construction of a detached garage in the front setback on a site located in the Single Family Residential (R-1) District.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 5:46 p.m. Darren Davis and Monte Miller appeared before the Commission. There being no other appearances, the public hearing was closed at 5:50 p.m.
After further discussion the public hearing was re-opened at 5:55 p.m. Josh Fein appeared before the Commission. There being no other appearances, the public hearing was closed at 5:56 p.m.
Commissioner HILLYARD moved to approve the application with staff’s Special Condition #1 and addition of Special Conditions #2 – The applicant shall revise the dimensions of the garage to be 18’ x 12’ in order to provide three feet of clearance between the garage and main structure. The garage shall be relocated in a westward direction so that the western wall of the garage is flush with the western wall of the main residence; #3 - The stone veneer applied to the garage shall be consistent with the stone wall. The stone shall be applied across the full exterior of the garage; #4 - The applicant shall use unclad wood windows, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
6. UP 10-2
Mary Goold Tr (Kurtz)
SE Ocean & San Carlos
Block 77, Lot(s) 5,6,7,8
Consideration of a Use Permit application for a Specialty Food Store located in the Central Commercial (CC) District.
Marc Wiener, Assistant Planner, presented the staff report. Chairwoman Reimers opened the public hearing at 6:06 p.m. Michael Kurtz and Jody LeTowt appeared before the Commission. There being no other appearances, the public hearing was closed at 6:10 p.m.
Commissioner HILLYARD moved to approve the Use Permit and commercial sign with staff’s Special Conditions and Findings and addition of Special Condition #9 – staff shall review completed commercial sign prior to installation, seconded by WILSON and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
7. DS 10-20
James Ardaiz
SE Torres & 3rd
Block 103, Lot(s) 2 & 4
Consideration of an amendment to a previously approved plan for the installation of a stone veneer on an existing residence located in the Single Family Residential (R-1) District.
Applicant requested the project be continued to the May meeting.
8. DS 10-28
Dolores Parker
E/s Junipero 6 S of 11th
Block 119, Lot(S) 14
Consideration of a Design Study application for the replacement of existing windows and siding for an existing residence located in the R-1 and AS Districts.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chairwoman Reimers opened the public hearing at 6:16 p.m. Vladimir, Dolores Parker and Mitchell Alves appeared before the Commission. There being no other appearances, the public hearing was closed at 6:27 p.m.
After further discussion, the public hearing was re-opened at 6:40. Vladimir and Mitchell Alves appeared before the Commission. There being no other appearances, the public hearing was closed at 6:45 p.m.
Commissioner WILSON moved to approve the application with the following conditions: #1 – windows which are visible from the street shall have un-clad wood windows installed; #2 – remaining windows and skylights shall remain vinyl and #3 – siding approved as submitted, seconded by BEACH and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
Commissioner WILSON moved to request staff to review with Council and City Attorney a fine system for projects which are completed without a building permit or approval from the Planning Department, seconded by HILLYARD and carried by the following roll call vote:
AYES: COMMISSION MEMBERS: Beach, Paterson, Wilson, Hillyard, Reimers
NOES: COMMISSION MEMBERS: None
ABSENT COMMISSION MEMBERS: None
ABSTAIN COMMISSION MEMBERS: None
X. ADJOURNMENT
There being no further business to come before the Commission, the meeting was adjourned at 6:50 p.m.
___________________________________
Leslie Fenton, Administrative Coordinator
ATTEST:
____________________________________
Janet Reimers, Chairwoman
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