Six Noteworthy November 4, 2008 City Council Agenda Items

ABSTRACT: Six noteworthy November 4, 2008 City Council Agenda items, namely a status report on the 4th Avenue Riparian Project, a Resolution approving the at-will job description and salary range for the Public Services Director, a Resolution authorizing the destruction of certain records, an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project, an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission and the Appointment of an Ad Hoc Volumetrics Committee and Ad Hoc Green Committee, are featured. A SYNOPSIS, consisting of selected excerpts from each Agenda Item Summary, is presented for each agenda item. COMMENTS are made on selected agenda items.

CITY COUNCIL AGENDA
Regular Meeting
Tuesday, November 4, 2008

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

C. Announcements from City Administrator
3. Receive status report on the 4th Avenue Riparian Project

• VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

C. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

SYNOPSIS:
City Funds: $7,482/month to $9,093/month

Staff Recommendation: Adopt the Resolution approving the job description and the salary range.

Important Considerations: The Public Services Director will work under the general direction of the City Administrator. The Public Services Department is composed of three divisions: 1) Forest Parks and Beach; 2) Public Works; and 3) Facilities Maintenance. This Department will take the lead with other City departments and agencies on infrastructure maintenance, forest, parks & beach preservation and facilities maintenance.

Decision Record: The creation and estimated funding for the position was approved as part of the Fiscal Year 2008/2009 Annual Budget.

COMMENT: The City has yet to hire a Community Planning and Building Director; the position was expected to be filled by January/February 2008, according to Ralph Andersen & Associates, the company hired by the City to conduct the search.

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

SYNOPSIS:
Staff Recommendation: Adopt the Resolution and authorize staff to proceed with the destruction of records.

Important Considerations: Destruction of the records will free up needed document storage space and will aid in streamlining research for documents. The City Attorney has reviewed the list of documents and has authorized their destruction.

COMMENT: Among the List of Records Identified for Destruction are “Friday Letters,” encompassing the years 1984-85, 1988-1989, 1990-1997, 1993-1994, 1998-2000. “Friday Letters” were written by City Administrators for the purpose of informing Carmelites about important happenings in our government. However, the practice of City Administrator “Friday Letters” was discontinued under City Administrator Rich Guillen in 2000.

• VIII. 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 City Council at, or prior to, the public hearing.

A. Consideration of an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project. The appellant is Barbara Livingston.

SYNOPSIS:
Staff Recommendation: Hold the public hearing and continue action.

RECOMMENDATION
The appeal is based on the interpretation of three statutes that are intertwined. At the time this Staff Report was prepared, staff had received the initial letter of appeal but no supplements. Rebuttal arguments from the applicant’s legal counsel also were not available. Staff recommends that the Council receive written and oral presentations from both the appellant and the applicant, then continue the appeal hearing for one month. This will allow the City Attorney and staff to review the full body of testimony and legal analysis and make a more informed recommendation for Council action.

• IX. Ordinances
B. Consideration of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission (First Reading).

SYNOPSIS:
Staff Recommendation: Adopt the first reading.

Important Considerations: CMC section 17.30 indicates that demolition permit applications can be reviewed by either the Design Review Board or the Planning Commission. This revision would require all demolition permit applications to be reviewed by the Planning Commission. This would create a more balanced workload between the Design Review Board and the Planning Commission.

COMMENTS:
The reason cited for the transfer of demolition applications from the Design Review Board (DRB) to the Planning Commission (PC) is to “create a more balanced workload between the Design Review Board and the Planning Commission.” However, during previous deliberations of the City Council, the more important issue of inconsistent decision-making and decisions by the DRB and the PC is not addressed in this action.

The California Coastal Commission will have to approve the proposed revision to the City’s Zoning Ordinance/Local Coastal Implementation Plan.

• XI. Orders of Council

B. Appointment of ad hoc committees:
1) Volumetrics Committee
2) Green Committee

SYNOPSIS:
In Memorandums to the Council, dated October 28, 2008, Mayor Sue McCloud and Vice Mayor Paula Hazdovac announced the creation of an Ad Hoc Volumetrics Committee for the purpose of evaluating “the use of volumetrics as a means of controlling mass and bulk” and an Ad Hoc Green Committee for the purpose of initially advising the Planning Commission on green building incentives, types of building materials and state laws regarding green building standards, such as solar installations.

The Ad Hoc Volumetrics Committee is composed of:
Bill Strid, Chairman, Planning Commission
John Thodos and Dennis Hodgin, Architects
Brian Roseth and/or Sean Conroy, Planning

The Ad Hoc Green Committee is composed of:
Karen Sharp, Council
Sean Conroy, Planning Staff
Safwat Malek and John Thodos, Architects
Brendan Connolly, Groza Construction
Jordan Daniels, Daniels and House Construction

(Sources: City Council Agenda November 2008 and City Council Packet November 2008