ABSTRACT: Amplifications, clarifications and comments are presented on four areas in the Mayor’s Fifth Annual Report, namely Grants, Storm Water Discharges into an Area of Special Biological Significance, the Flanders Mansion property and closing remarks . General OBSERVATIONS & COMMENTS are made with respect to the totality of the Mayor’s Fifth Annual Report.
Mayor’s Fifth Annual Report:
“We also received a little over $500,000 in grants...”
Amplification:
For context purposes, while “grant funds are not budgeted until received, and therefore, not part of the original adopted budget,” the City’s ADOPTED BUDGET FISCAL YEARS 2007/08 THROUGH 2009/10 Years 2007/08 show an “Actual 2005/06” amount of $106,950; for FY 2006/07, the amount of zero. Grants totaling over $500,000 should appear in the next budget, ADOPTED BUDGET FISCAL YEARS 2008/09 THROUGH 2010/11.
Mayor’s Fifth Annual Report:
3. Implement the storm water run-off program and address requirements for Areas of Special Biological Significance (ASBS)
Further details of progress on each objective:
3. Storm Water Run-off and Areas of Special Biological Significance (ASBS): These are two separate but related projects:
A. Storm Water:
Carmel filed for a storm water permit in October 2006 and is voluntarily meeting requirements of the Monterey Regional Storm Water Management Program, while awaiting approval of the permit application. We are working toward a solution for storm water runoff with the other Peninsula cities and are now a full member of the regional Storm Water Participants' Group.
B. ASBS:
The State Water Resources Control Board (SWRCB) mandated that the City file an exception to the ASBS requirements set forth by the State. This exception has now been filed, which means that we are able to apply for grants to help the City fulfill its requirements. To protect the ASBS areas, Carmel is also working with other Peninsula cities and the Pebble Beach Company to find a regional solution.
Amplification & Clarification:
According to the Storm Water Section, Division of Water Quality. State Water Resources Control Board, Carmel-by-the-Sea is not enrolled in the Phase II MS4 permit. The city is participating in the Monterey Regional SWMP program, but chose not to be a co-permittee under the MRSWMP at the time that Region 3 approved it in September 2006. The City subsequently submitted a SWMP that effectively incorporates the MRSWMP along with the City-specific information. Region 3 staff intend to review their SWMP and post it for public review in the next few months. Because it mirrors the already approved MRSWMP, we were expecting a smooth process for approving the SWMP and enrolling Carmel under the Phase II permit.
The following language was used in the resolution to approve the MRSWMP:
"To comply with the General Permit and the Ocean Plan prohibition, Monterey Permittees that discharge to an ASBS must either (i) cease all ASBS discharges or (ii) obtain a State Water Board exception to the prohibition and comply with all conditions of the exception, including obtaining any necessary WDRs..."
The City has informed State Board staff that they will be submitting a request for an exception to the Ocean Plan for its storm water discharges to the ASBS.
NOTE: Additionally, in a failed attempt to obtain a “waiver,” the City of Carmel-by-the-Sea expended $250,000 to the Pebble Beach Company for legal fees to the law firm Latham and Watkins, LLP associated with the Areas of Special Biological Significance Cease and Desist Order.
Mayor’s Fifth Annual Report:
6. Address the Court's concerns regarding disposition of the Flanders property: The year was spent preparing documents for timely submission to the Court and responding to Court action. The City decided not to appeal the Court's decision. The return on writ was filed with the Court in December 2007. Meantime the building and its environs are being maintained and monitored.
Amplification, Clarification & Comment:
While the City decided not to appeal Superior Court Judge Robert O’Farrell’s decision, the City expended $12,800 for legal advice from an appellate attorney. Total expenditures for the sale of the Flanders Mansion property include legal expenditures for Flanders Foundation v. City of Carmel-by-the-Sea, et al. exceeding $250,000; Environmental Impact Report services exceeding $100,000, et cetera. Furthermore, according to the 2007-08 Mid-Year Adjustments, the City intends to proceed with the sale of the Flanders Mansion property by contracting with Denise Duffy & Associates for additional services related to the Final Environmental Impact Report on the Flanders Mansion property at a cost of $25,000.
As to Mayor McCloud’s assertion that “the building and its environs are being maintained,” the City’s Municipal Code Chapter 17.32 HISTORIC PRESERVATION, 17.32.210 Maintenance and Upkeep mandates “Minimum Maintenance” for all resources included on the City’s Inventory of Historic Resources. Apparently, Mayor McCloud only complies with this section of the Municipal Code when it involves the Sunset Center or a judge ordering the City to comply with the City’s Municipal Code since the Scout House, which is on the City’s Inventory of Historic Resources, requires maintenance and ADA compliance measures for this community center to re-open to user groups.
Mayor’s Fifth Annual Report:
“Whether working together in time of disaster or laboring constructively to reach our mutual citywide goals, the Council and I value your support and input as we work with you to keep our City healthy and financially sound.”
Amplification, Clarification & Comments:
While these sentiments have been stated in all previous Mayor’s Annual Reports, Mayor McCloud's record of valuing input and working with Carmelites contradicts these sentiments. Examples abound including Mayor McCloud not working with local architect Brian Congleton to implement the Forest Theater Facility Master Plan (2001); her contracting with a Special Counsel to represent the City in Flanders Foundation v. City of Carmel-by-the-Sea et al., when the City Attorney’s legal position contradicted her agenda; her contracting with an outside consultant, Nichols Consulting Engineers, for multiple pavement management studies when the City Engineer and the Public Works Staff have the expertise and have historically selected and prioritized city road projects; her creation of circumstances which caused mass resignations from the Carmel Art Board and her dissolving of commissions which make recommendations contrary to her agendas, et cetera.
OBSERVATIONS & COMMENTS:
• On the “2007-2008 BUDGET YEAR” “six priority objectives for the City Administrator;” five of the six involved the City contracting with consultants to achieve the objectives. Specifically, consultants were hired for the update of the General Plan, update of the Historic Context Statement, exception to discharge requirements into an Area of Special Biological Significance, update City’s web site and revision of the Final Environmental Impact Report on the Flanders Mansion property. Only “work with the Forest Theater Foundation to establish phases for implementation of the Master Plan” did not directly involve a City hired consultant. Rather, the Forest Theater Foundation contracted with a “theatre” architect from the Los Angeles area.
• A classic example of too much taxpayer monies for a consultant and too little taxpayer monies for implementation and action is the City’s contracting with Nichols Consulting Engineers for pavement management studies. For background, the City of Carmel-by-the-Sea contracted with Nichols Consulting Engineers (NCE) for a pavement management study in 1997, 2003 and again in 2007. The staff’s stated rationale for the 2007 study was “to identify, prioritize and quantify costs for street and road improvements.” These consultant studies were a waste of taxpayer monies not only because the recommendations were by and large not implemented at the time, but because the City’s Engineer, Clayton Neill, and the Public Works staff have the expertise and have historically selected and prioritized the various pavement projects for the City.
• Mayor’s Penchant for Imitation: Instead of having original and unique visions and ideas for the City of Carmel-by-the-Sea, Mayor McCloud copies other cities ideas, such as a non-profit organization to manage a city-owned performing arts facility, Economic Revitalization Committee, “Concours on the Avenue” car show, “Authors and Ideas Festival,” Film Festival and “green” sustainability programs.
3 comments:
Mayor McCloud has a history of making up her own mind on what to do or not do in the face of facts that fail to support her preconceptions. When that happens, she spends large amounts of city funds for a consultant, who she hopes will support her wishes. Sometimes the hired guns do, sometimes they're honest. In either case, it costs the city a lot of money that could have been spent in ways that would have benefitted Carmel, its residents and its businesses.
Any opposition to the mayor is taken as a personal affront by her as opposed to a mere difference of opinion. There are few levels of pettiness to which she is unwilling to stoop in trying to pay back people for imagined slights and attacks.
McCloud has a tendency to hire contractors to do things that should be done in house. Too often this is done simply so that she can claim to be doing something when in fact the job is never completed or the results end up on a shelf gathering dust. A good example is the General Plan, which was supposed to be made available for public comment in late July or early August. Over 6 months later nothing has been heard about it. Could the consultants have done a good job, which the mayor didn't like?
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