Friday, February 27, 2009

City’s Storm Water Management Program (SWMP) General Permit

ABSTRACT: On 3 February 2009, Mayor Sue McCloud stated in the State of the City 2009, PROGRESS ON ACHIEVING COUNCIL OBJECTIVES, January 2009, that the storm water permit involving the city’s Storm Water Management Program was “recently” granted. Additional information regarding the City’s Storm Water Management Program (SWMP) is provided, courtesy of David Innis, Environmental Scientist, Central Coast Regional Water Quality Control Board. An ADDENDUM, consisting of links to additional information, including Phase II MS4 General Permit Designees (Carmel-by-the-Sea), Carmel-by-the-Sea SWMP Appendix and Hot Spots, and the FINAL ANNUAL REPORT, NOVEMBER 2008, Appendix C, Year Two Annual Report Materials, City of Carmel-by-the-Sea, is provided.

While Mayor Sue McCloud stated in the State of the City 2009, PROGRESS ON ACHIEVING COUNCIL OBJECTIVES, January 2009, the storm water permit involving the city’s Storm Water Management Program was “recently” granted, a more complete report would include, as follows:

The City’s Storm Water Management Program (SWMP) was approved by the Water Board on May 5, 2008.

The notification letter from the California Regional Water Quality Control Board, Central Coast Region, to Rich Guillen, City of Carmel-by-the-Sea, is reproduced, as follows:

California Regional Water Quality Control Board
Central Coast Region

895 Aerovista, Suite 101, San Luis Obispo, California 93401-7906
(805) 549-3147 Fax (805) 543-0397
http://www.waterboards.ca.gov/centralcoast


May 5, 2008

Mr. Rich Guillen
City of Carmel-by-the-Sea
P.O. Box CC
Carmel, CA. 93921

Dear Mr. Guillen:

NOTICE OF ENROLLMENT – NPDES SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS GENERAL PERMIT; CITY OF CARMEL-BY-THE-SEA, MONTEREY COUNTY, WDID #3 27MS03003

The Central Coast Regional Water Quality Control Board (Water Board) received a Notice of Intent, Storm Water Management Plan (SWMP), map, and fee for the City of Carmel-by-the-Sea (City’s) Municipal Separate Storm Sewer System (MS4). These items are required to enroll in the National Pollutant Discharge Elimination System General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems, Order No. 2003-0005-DWQ (General Permit).

Water Board staff reviewed the City’s SWMP and found it in compliance with the General Permit and conforming to the Monterey Regional Strom Water Management Program (MRSWMP). The City’s SWMP was available to the public for a 60-day comment period, and we received no public comments or requests for a hearing.

As of May 1, 2008, discharges from the City’s MS4 are authorized by the General Permit. The City is required to implement the SWMP and comply with the General Permit. The City acknowledges in the SWMP it is rejoining the Monterey Regional Group and complying with the Monterey Regional Storm Water Management Program.

The City’s next annual report is due to the Water Board office on November 22, 2008. As identified in your SWMP, the City will continue to report with other participating entities of the Monterey Regional Stormwater Group.

Carmel-by-the-Sea is re-entering the Monterey Regional SWMP after other participating entities have adopted their stormwater ordinances. The City is required to submit a schedule for ordinance adoption by June 1, 2008. We request you provide a draft of the City’s ordinance by July 1, 2008.

We would like to remind you that concept proposals for Proposition 84 Areas of Special Biological Significance (CBASBS) Grants Program are due by 5:00 PM on May 22, 2008. We encourage grant project proposals that address Best Management Practices for stormwater discharges into ASBSs, such as Carmel Bay ASBS. We can assist you to develop your concept proposal, but the application must be submitted to the Financial Assistance Application Submittal Tool (FAAST), online at
http://faast.watreboards.ca.gov.

If you have questions regarding the Storm Water Management Plan, contact David Innis at (805) 549-3150 or dbinnis@waterboards.ca.gov. If you need assistance with Proposition 84 ASBS Grants, please contact Peter von Langen at (805) 549-3688 or pvonlangen@waterboards.ca.gov.

Sincerely,


Roger W. Briggs
Executive Officer

cc: (via email)
Bill Hereth, State Water Resources Control Board, Storm Water Unit
Heidi Burch (hburch@ci.carmel.ca.us)
Bob Jacques (bobj@mrwpca.com)

The City re-entered the Monterey Regional SWMP and follows those reporting requirements; the City has submitted two annual reports to date. The City’s enrollment means the City must follow SWMP (“Best Management Practices for public education and outreach, illicit discharge detection and elimination, construction and post-construction site runoff controls, and conduct business and educate their staff to keep pollutants out of stormwater from municipal facilities”), according to David Innis, Environmental Scientist, Central Coast Regional Water Quality Control Board.

Small MS4 permit coverage for Carmel-by-the-Sea began on May 1, 2008.
(Source: Public Review - Carmel-by-the-Sea SWMP)

ADDENDUM:
Phase II MS4 General Permit Designees
Carmel by the Sea

Monterey Regional Stormwater Management Plan (November 15, 2006)

Carmel-by-the-Sea SWMP appendix (January 12, 2007)

Carmel SWMP Hot Spots

Monterey Regional Stormwater & Education Alliance
FINAL ANNUAL REPORT
NOVEMBER 2008
Appendix C
Year Two Annual Report Materials
City of Carmel-by-the-Sea

Monday, February 23, 2009

A More Resident-Friendly Notice Needed to Encourage a Forestry Partnership Between the City and Carmel Residents

ABSTRACT: The City planted a Monterey Pine seedling near a Monterey Pine tree stump in the pubic right-of-way on the south side of Second Avenue between Lincoln St. and Dolores St. Affixed to a wooden stake is a laminated strip with the Seal of the City of Carmel-by-the-Sea and statements. A COMMENT is made regarding a successful reforestation program.

Monterey Pine Seedling
Location: S/s Second Av. between Lincoln St. & Dolores St.

Monterey Pine Seedling (right) and Monterey Pine Tree Stump (left)
Location: S/s Second Av. between Lincoln St. & Dolores St.

As depicted in the digital photos above, the City planted a Monterey Pine seedling near a Monterey Pine tree stump in the pubic right-of-way on the south side of Second Avenue between Lincoln St. and Dolores St. Affixed to a wooden stake is a laminated strip with the Seal of the City of Carmel-by-the-Sea and statements, as follows:

THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY

You may be cited under Municipal Code, Chapter 12.28 if you remove, prune or damage this tree. If you question this tree’s location or health, contact the City Forester at 620-2070. DO NOT take action of your own !


COMMENT:
Evidence around Carmel-by-the Sea that the City is planting seedlings is encouraging. However, for a tree reforestation effort to be successful, the City must be proactive and endeavor to form a partnership with Carmel residents based on education, particularly the environmental, social, economic and aesthetic benefits of Carmel-by-the-Sea’s “signature” forest. To that end, a more resident-friendly notice affixed to a wooden stake next to a planted seedling would read, as follows:

The City of Carmel-by-the-Sea is committed to preserving and enhancing our “signature” forest of Monterey Pine, Coast Live Oak and Monterey Cypress. This pitch canker resistant pine seedling is planted in the public right-of-way in your neighborhood as part of the City’s ongoing Reforestation Program. For more information on our Reforestation Program and how you can help, please contact the City Forest at 620-2070.

Moreover, wherever the City Forester approves the planting of trees in the city’s public right-of-ways, City Staff Members should contact nearby residents and explain to them the locations of newly planted trees, reasons for planting the trees and encourage them to assist the city as good stewards of our forest and trees.

ADDENDUM:
Carmel-by-the-Sea Municipal Code
Chapter 12.28
TREES AND SHRUBS*


12.28.060 Permit for Cutting Trees and Shrubs on Public Property.
A. Any person desiring to remove or prune any portion of a tree or shrub, except genista, growing in or upon any public street, way, park, or place within the City, or any person desiring to cut any wood, foliage, or roots from any tree on private property when more than one-half of the basal cross-sectional area of such tree is on City property, shall apply therefor to the Director of Forest, Parks and Beach on forms provided by her/him. There shall be a fee for this permit process as established from time to time by resolution of the City Council. If, in the opinion of the Director of Forest, Parks and Beach, the tree or trees should be removed because of disease, infestation, or clear and present danger to persons or property, she/he shall cause the tree or trees to be removed. In all other cases, the Director of Forest, Parks and Beach shall:
1. Place the application on an agenda of the Forest and Beach Commission, which shall act as provided for in Chapter 2.32 CMC; and

2. Notify the applicant of the time and date of the meeting at which the application shall be considered; and

3. Give notice of the action of the Forest and Beach Commission to the applicant.

B. Any permit granted under this chapter is nontransferable and shall expire one year from date of issuance. The Director of Forest, Parks and Beach or Forest and Beach Commission may condition a permit on replacement trees being planted at a place, of a species and of a size designated by the Director of Forest, Parks and Beach or Forest and Beach Commission. The person requesting the permit may also be required to pay the cost of obtaining and planting the replacement trees.

C. In exceptional circumstances in which it would cause substantial loss or inconvenience to delay removal until the Forest and Beach Commission’s next meeting, the Director of Forest, Parks and Beach may approve removal providing such approval unquestionably conforms to the policy and the practice of the Forest and Beach Commission. The Director of Forest, Parks and Beach will report her/his action at the next meeting of the Forest and Beach Commission. (Ord. 95-3 § 1, 1995; Ord. 81-4 § 1, 1981; Ord. 75-10 § 1, 1975; Ord. 257 C.S. § 1, 1972; Ord. 214 C.S. § 1, 1970; Code 1975 § 1231).

12.28.185 Violation – Penalty for CMC 12.28.170, 12.28.172, 12.28.180 and 12.28.210.
A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of CMC 12.28.170, 12.28.172, 12.28.180 or 12.28.210. A violation of any of the provisions or failure to comply with any of the mandatory requirements of such sections shall constitute an infraction. Any person convicted of an infraction under the provisions of such sections shall be punishable by fine only as follows: Upon a first conviction, by a fine not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.

B. Cutting, removing, or trimming of trees on public property without a permit shall be a misdemeanor.

C. In addition to the penalties provided for herein, any violation of such sections may be addressed by civil action. (Ord. 95-3 § 1, 1995; Ord. 88-13 § 4, 1988).

Sunday, February 22, 2009

PROGRESS REPORT: Fourth Avenue Riparian Habitat and Pathway Project

ABSTRACT: Progress on the Fourth Avenue Riparian Habitat and Pathway Project is presented, featuring the Pedestrian Pathway and Storm Water drains. For the Pedestrian Pathway, Green Valley Landscaping installed StaLok® Paving Material. Information about StaLok® Paving Material is presented. It is anticipated that the project will be completed in approximately two weeks, according to Green Valley Landscaping. COMMENTS are made regarding “green building” and the storm drains.

FOURTH AVENUE PEDESTRIAN PATHWAY:
Fourth Avenue
Pathway, Settling Pond and Bridge
S/s Fourth Avenue between Camino Real & Carmelo

Close-Up of StaLok® Paving Material Pathway

Fourth Avenue Pedestrian Pathway
S/s Fourth Avenue between San Antonio Av. & Carmelo St

StaLok® Paving Material
Aggregate soil enhanced with polymer

StaLok® Paving Materials are long lasting crushed stone paving mixes. Our StaLok® Pathway Mix™ combines natural crushed stone with a combination of engineered polymers in a totally waterless process. It provides a versatile, dustless, natural looking surface for pathways,...

LEED Points: Local/Regional Materials (1 point)
ADA Compatible POROSITY:No

LEED™ Potential Positive Impact
Stabilizer Solutions, Inc.’s family of products has the potential to improve your LEED™ accreditation. The LEED Green Building Rating System program of the US Green Building Council evaluates environmental performance from a “whole building” perspective. These “green building” standards are based on accepted energy and environmental principles. The LEED system rates new and existing commercial, institutional, and high-rise residential buildings. Credits are earned for each aspect of a particular project by satisfying the criteria set forth by the council. Based upon the number of credits earned, various levels of certification are awarded. More information is available at www.usgbc.org.

ADDENDUM:
StaLok® Paving Materials
StaLok® Paving Material for trails, pathways, and patios

COMMENT:
While StaLok® Paving Material has “LEED™ Potential Positive Impact, StaLok® is impermeable.

STORM DRAINS:
View of “MADE IN INDIA” Storm Drain, Pedestrian Pathway
Location: S/s Fourth Avenue

Close-Up of Storm Drain

COMMENT:
A benefit of the newly installed Storm Water Drains along the south side of Fourth Avenue is that they allow for a smooth, uninterrupted pedestrian pathway surface as opposed to a dip or depression in the pathway for drainage purposes.

Tuesday, February 17, 2009

Random Reportings

ABSTRACT: Random Reportings on the status of the City of Carmel-by-the-Sea Fire Protection Contract with the City of Monterey, status of compensation to RFM ARCHITECTS for FOREST THEATER MASTER PLAN DESIGN WORK and news about Anda-Burghardt Advertising are presented.

• Fire Protection Contract with the City of Monterey
At the December 2, 2008 City Council Meeting, the City Council directed staff to continue working with the City of Monterey to develop a contract for future Council consideration. “Good progress” is being made towards finalizing a contract between the City of Carmel-by-the-Sea and the City of Monterey and a contract is anticipated to be on a March 2009 or April 2009 City Council Agenda, according to a source involved in the contract negotiations.

• Status of City Compensation to RFM ARCHITECTS for FOREST THEATER MASTER PLAN DESIGN WORK
At the December 2, 2008 City Council Meeting, the City Council approved a ResolutionENTERING INTO AN AGREEMENT WITH RFM ARCHITECTS FOR ARCHITECTURAL SERVICES RELATED TO THE RENOVATION OF THE FOREST THEATER IN AN AMOUNT OF $131,000.”

On January 20, 2009, the City wrote its first check to R.F. MCCANN & COMPANY ARCHITECTS for “FOREST THEATER MASTER PLAN DESIGN WORK” in the amount of $5,000.00

• News about Anda-Burghardt Advertising
The Monterey County Weekly reported on 12 February 2009 that Anda-Burghardt Advertising was closing, according to company President Jeff Burghardt.

In September 2009, the City Council approved a ResolutionENTERING INTO AN AGREEMENT WITH JEFF BURGHARDT FOR ECONOMIC REVITALIZATION MANAGER SERVICES IN AN AMOUNT NOT TO EXCEED $60,000 IN FISCAL YEAR 2008/2009,” a one year contract.

The City expended $101,735.91 (January 2008-June 2008) and $52,192.80 (FY 2008/09 July 2008 – January 2009) to ANDA-BURGHARDT ADVRTISING for REGIONAL DESTINATION MARKETING, CITY WEBSITE SERVICES and ECONOMIC REVITALIZATION CONTRACT PAYMENT.

Sunday, February 15, 2009

State of the City 2009: Mayor Misrepresented City’s Areas of Special Biological Significance (ASBS) ‘Exception

ABSTRACT: At the 3 February 2009 City Council Meeting, Mayor Sue McCloud presented the “State of the City 2009: PROGRESS ON ACHIEVING COUNCIL OBJECTIVES, January 2009.” On ASBS, she stated that “The City was granted an ‘exception’ by the State Water Resources Control Board. This means the City is in compliance with all of the storm water and ASBS permit requirements.” Yet, according to Connie Anderson, Environmental Scientist, Ocean Unit, State Water Resources Control Board, Division of Water Quality, the City of Carmel-by-the-Sea is currently “out-of-compliance” and the State Water Resources Control Board has yet to consider and vote on the “General Exception,” which includes the City of Carmel-by-the-Sea. BACKGROUND is presented for the purpose of explaining the term “exception,” which was adopted by the State legislature in the late 1960s. An Overview of “General Exception” Process and Status Description of the Ocean Plan “General Exception” for the City of Carmel-by-the-Sea Waste Discharge into the Carmel Bay ASBS are presented. Finally an ADDENDUM consisting of links to relevant documents is provided.

BACKGROUND: In the context of State Water Quality Protection Areas – Areas of Special Biological Significance, the term “exception” does not mean that dischargers are exempt from complying with the California Ocean Plan. Rather, “exception” means the State Water Resources Control Board and the Regional Water Quality Control Boards have regulatory authority to establish terms and conditions of compliance on dischargers. For example, the Exception to the California Ocean Plan (Ocean Plan) for the University of California, Davis Bodega Marine Laboratory Discharge into the Bodega Area of Special Biological Significance, consists of twenty-one stringent “terms and conditions” which the University of California, Davis Bodega Marine Laboratory, must comply with to be in compliance with the law.

State of the City 2009: Mayor Misrepresented City’s Areas of Special Biological Significance (ASBS) ‘Exception:
At the 3 February 2009 City Council Meeting, Mayor Sue McCloud presented the “State of the City 2009: PROGRESS ON ACHIEVING COUNCIL OBJECTIVES, January 2009.” For the 2008/09 Budget Year, Mayor McCloud addressed five priority goals, including “requirements for Areas of Special Biological Significance (ASBS).” On ASBS, she stated, as follows:

Areas of Special Biological Significance (ASBS): The City was granted an “exception” by the State Water Resources Control Board. This means the City is in compliance with all of the storm water and ASBS permit requirements.

Yet, according to Connie Anderson, Environmental Scientist, Ocean Unit, State Water Resources Control Board, Division of Water Quality, the City of Carmel-by-the-Sea is currently “out-of-compliance.” Furthermore, the State Water Resources Control Board has yet to consider and vote on a “General Exception,” which includes 30 dischargers, including the City of Carmel-by-the-Sea.

Overview of “General Exception” Process:
Discharger:
Submission of Monitoring Data & Application Package
State Water Board Staff
CEQA Data Analysis & Preparation of Initial Study (Environmental Document)
Public Review of Initial Study (45 days)
Public Hearing
Board Meeting/Vote

Status Description of the Ocean Plan “General Exception” for the City of Carmel-by-the-Sea Waste Discharge into the Carmel Bay ASBS:
Presently, the State Water Board Staff is finalizing the Mitigated Negative Declaration for a “General Exception,” which includes thirty dischargers, including the City of Carmel-by-the-Sea. These thirty dischargers have in common that they have not been regulated previously and their discharge is similar, i.e., stormwater, et cetera. The Mitigated Negative Declaration is expected to have more terms and conditions and be more stringent than the “Exception” for the University of California, Davis Bodega Marine Laboratory. Once the Mitigated Negative Declaration is finalized, the environmental document will be released to the public for review and comment. It is anticipated that the public review and comment period will be longer than the usual 45 days, probably extended to 60 days. There will then be a public hearing and the State Water Resources Control Board will deliberate and vote on the “General Exception” at a meeting in May or June 2009. If the State Water Resources Board approves the “General Exception,” then the Central Coast Regional Water Quality Control Board may add additional terms and conditions to the “General Exception.”

NOTE: Special thanks to Connie Anderson, Environmental Scientist, Ocean Unit, State Water Resources Control Board, Division of Water Quality, for taking the time to share her expertise.

ADDENDUM:
State of the City 2009
PROGRESS ON ACHIEVING COUNCIL OBJECTIVES
January 2009


Archived Videos
Regular City Council Meeting February 03, 2009

California Ocean Plan Discharges to Areas of Special Biological Significance
—Update on ASBS Regulatory and Monitoring Efforts
Prop 84 ASBS Grants Program S coping Workshop
September 25, 2007
October 10, 2007
Constance S. Anderson, Environmental Scientist, Ocean Unit, State Water Resources Control Board, Division of Water Quality


MITIGATED NEGATIVE DECLARATION
Pursuant to Section 21080(c) Public Resources Code
Exception to the California Ocean Plan (Ocean Plan) for the University of California, Davis Bodega Marine Laboratory Discharge into the Bodega Area of Special Biological Significance


Ocean Standards
State Water Quality Protection Areas – Areas of Special Biological Significance


Ocean Plan ASBS Exceptions. What are they? Why do you want one? How do you get one?

Friday, February 13, 2009

Public Official of the Year?

ABSTRACT: At the 3 February 2009 City Council meeting, Astrid Coleman, President and CEO, Monterey Peninsula Chamber of Commerce, announced Mayor Sue McCloud as the Chamber of Commerce’s Public Official of the Year, citing her community leadership and many, many years as mayor of Carmel-by-the-Sea. Information about the Chamber of Commerce and the Annual Awards Dinner are presented. In response to this announcement, a Carmelite sent an email to Astrid Coleman; the email is reproduced. A COMMENT is made regarding perception and reality and journalism standards.

Monterey Peninsula Chamber of Commerce:
The Chamber of Commerce is a non-profit corporation solely supported by its membership. Members include business owners, managers and professionals. Members invest in the organization to support group efforts to make the Monterey Peninsula a better place to do business. The Chamber is governed by a 21-member Board of Directors and holds monthly meetings to set policy and direction for the organization. A President/CEO oversees office operations, which includes a full-time staff. The Chamber makes referrals for member businesses, acts as a resource for community information, provides informational pamphlets and brochures about starting a business, offers free SCORE (Service Corp. of Retired Executives) counseling to business entrepreneurs and has marketing materials available to help the sales professional.

Annual Signature Events
Annual Awards Dinner— Presented by Monterey County Bank (March)

This event celebrates three community awards, including Citizen of the Year, given to an individual who has made a major impact on the Peninsula; Public Official of the Year, awarded to an individual, either elected or appointed, who embodies community dedication that inspires others, and; the Robert C. Littlefield Award, established in 1981 in memory of Robert C. Littlefield, who was largely responsible for reinvigorating the Chamber, presented to a member who has shown great support through direct involvement in the Chamber. In addition, Business of the Year is selected from among the category winners of the Business Excellence Awards held the previous July. The elegant evening is the formal, black-tie event of the Chamber year.

Email to Astrid Coleman from a Carmelite:

I understand the Monterey Peninsula Chamber of Commerce has named Carmel-by-the-Sea Mayor Sue McCloud as your Public Official of the Year. While you cited Sue McCloud’s many, many years as mayor of the City of Carmel-by-the-Sea, I am perplexed as to your Selection Committee’s decision, based on my knowledge of her record as mayor.

• The impetus for the 2005 Monterey County Civil Grand Jury’s report on Open Government was numerous complaints from former and then-current city employees, particularly regarding Mayor McCloud’s penchant to “over control” city government. Even after that report, Mayor McCloud still thinks open government means little more than posting agendas and hosting a city web site.

• As mayor, Sue McCloud was responsible for the City violating the California Environmental Quality Act, California Government Code and the City’s Municipal Code per Monterey County Superior Court ruling regarding her attempt to sell the National Register of Historic Places Flanders Mansion. Not only that, she has expended nearly $600,000 in taxpayer dollars for consultants and attorney fees in her misguided crusade to sell the Flanders Mansion Property.

• As mayor, Sue McCloud interfered with city staff causing several months of delay in a neighbor’s agenda item being placed on a Forest and Beach Commission agenda, substituting conditions to a neighbor’s tree removal permit not voted upon by the City Council and voiding her neighbor’s permit without cause.

In closing, awarding Mayor Sue McCloud your Public Official of the Year Award is disappointing to informed citizens who expect a higher standard of public service from our public servants.

COMMENT:
As mayor, Sue McCloud has succeeded in creating the perception that the City of Carmel-by-the-Sea is a model of good government, when in reality the city is a model of poor, even dysfunctional, government. This perception, as opposed to the reality, is amplified by a complicit local media, which act as purveyors of propaganda, rather than as independent monitors of power, scrutinizing her actions and record and verifying her statements, for the benefit of the public. Perception will continue to overwhelm reality until the local media put the truth and loyalty to citizens first and Carmelites demand more than “we print what we’re told” propaganda.

ADDENDUM:
Chamber Staff
Astrid Coleman, President and CEO
(831) 648-5359
astrid@mpcc.com

Principles of Journalism, Pew Research Center’s Project for Excellence in Journalism

Thursday, February 12, 2009

Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property: A Public Comment Letter

ABSTRACT: Per CEQA Guidelines 15088.5(f)(1), the City of Carmel-by-the-Sea has requested that members of the public submit new comments on the Recirculated Draft EIR. A letter written by a Carmel resident submitted to the city is featured. The public comment period ends Wednesday, February 18, 2009. Comments concerning the adequacy of the RDEIR are to be addressed to Sean Conroy, Planning & Building Services Manager, City of Carmel-by-the-Sea, Community Planning & Building Department, P.O. Drawer G, Carmel-by-the-Sea, CA. 93921 or email sconroy@ci.carmel.ca.us or fax (831) 620-2014. An ADDENDUM consisting of a link to the Notice of Availability/Notice of Completion for the Recirculated Draft Environmental Impact Report (RDEIR) for the Sale of the Flanders Mansion Property is provided for informational purposes.

9 February 2009

CEQA further states that a public agency shall not decide to approve a project unless the agency has “determined that any remaining significant effects on the environment found to be unavoidable…are acceptable due to overriding concerns.” (CEQA Guidelines §15092(b)(2)(B)). Overriding concerns may include specific economic, legal, social, technological, or other aspects of the project that outweigh the adverse environmental effects (CEQA Guidelines §15093(a)).

3.2 PROJECT BACKGROUND
Chronological History:
2008: City Council directs staff to initiate preparation of a Recirculated Draft EIR for the sale of Flanders Mansion Property consistent with the Superior Court’s ruling. Staff is also directed to authorize Architectural Resources Group (ARG) to prepare a cost estimate for necessary repairs to the Flanders Mansion. Staff is also directed to authorize CBRE, Inc., to prepare an economic feasibility analysis.

(Source: RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF FLANDERS MANSION PROPERTY, January 2009, DENISE DUFFY & ASSOCIATES, INC.)

Unlike most other Environmental Impact Reports, this Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property (RDEIR) is subject to both the California Environmental Quality Act (CEQA) and a Monterey County Superior Court’s order. As such, the City of Carmel-by-the-Sea’s decision to exclude the Economic Feasibility Analysis and the Site Evaluation and Construction Cost Estimates from the RDEIR for public review and comment arguably renders this RDEIR a legally inadequate document. Moreover, the City’s omission of these two critical documents contradicts CEQA’s informational purpose of ensuring that the public has adequate time to review all the information central to the City Council’s decision on the proposed project.

ADDENDUM:
Notice of Availability/Notice of Completion for the Recirculated Draft Environmental Impact Report (RDEIR) for the Sale of the Flanders Mansion Property

Monday, February 09, 2009

'MINUTES' Special City Council Meeting 4 February 2009

ABSTRACT: With regard to the Special City Council Meeting on the City Budget, specifically mid-year revisions to the Budget, A SUMMARY OF RECOMMENDED ACTIONS by City Administrator Rich Guillen and HIGHLIGHTS of the City Council meeting on mid-year revisions to the Fiscal Year 2008/09 Budget are presented. Selected COMMENTS are made.

"MINUTES"
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Wednesday, February 4, 2009


IV. Resolutions
A. Receive mid-year Budget Report and Consideration of a Resolution adopting revisions to the fiscal year 2008-09 General Fund Budget.

At the conclusion of an approximately 45 minutes Special City Council Meeting, Council Member ROSE moved adoption of Resolution adopting revisions to the Fiscal year 2008/09 General Fund Budget, with Exhibit “A”, seconded by TALMAGE, and carried unanimously.

SUMMARY OF RECOMMENDED ACTIONS
CITY ADMINISTRATOR


1. Delay filling current vacant positions for remainder of FY 2008/09.
2. Limit spending to essential services only.
3. Reduce costs for meetings and travel.
4. Consider reducing number of commissions, boards, ex. Planning Commission, Design Review Board

HIGHLIGHTS:
City Administrator Rich Guillen stressed mid-year adjustments as not “cutting,” rather “postponing” actions on positions and projects.

4th Av. Riparian Project: The City received notification from the State between Christmas and New Years Day that the grant funds totaling $373,000 are “frozen.” The City has appealed the action. Apparently, the City had received approximately $80,000 prior to the grant funds being “frozen.” If the City loses the appeal, the City will have to fund the entire project less $80,000 or approximately $293,000.

COMMENT: While Mayor Sue McCloud implied in her State of the City 2009 report that the State was responsible for the delay in the realization of the 4th Av. Riparian Project, the City of Carmel-by-the-Sea was also responsible for the delay due to City Council Members insisting on terms which were not original terms or conditions of the State grant.

Sunset Center Parking Lot Machines (added as mid-year adjustment to budget)
Existing machines not compliant with State law with regard to credit cards, therefore the City must purchase new machines. The vendor is eager for new machines because they are more vendor-friendly, user-friendly, et cetera.

COMMENT: Even after acknowledging the existence of patron complaints about the parking machines, City Council Members and the City Administrator failed to consider whether or not paid parking at the Sunset Center parking lot is efficacious.

General Operating Reserve Fund as “buffer” for economic downturns; established at $1.95 million, added surplus from FY 2008/08 Budget, currently over $2.0 million.

Of Proposition 1B Funds ($400,000), $215,600 budgeted for street and road projects for FY 2008/09.

Carmel Beach Sand Replenishment
Budgeted $24,500; only $10,000 will be spent by end of year, according to the City Forester.

Staff will present a proposed Construction Truck Impact Fee to the City Council by spring 2009, acccording to City Administrator Rich Guillen; anticipated to generate approximately $120,000/year revenue.

(Source: Archived Videos, City Council Budget Meeting, February 04, 2009)

Friday, February 06, 2009

‘MINUTES’ for Four Noteworthy 3 February 2009 City Council Agenda Items

“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 3, 2009


IV. Extraordinary Business
B. Swearing-in of three new Firefighters: Graham Evans; Brian Harrington; and David Meurer.

Public Safety Director George Rawson presented the three Firefighters and Assistant City Administrator/ City Clerk Heidi Burch administered the oath.

V. Announcements from Closed Session, from City Council Members and the City Administrator.
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities)

1. Receive Mayor’s Annual Report

Highlights, as follows:

Sixth Annual Report
State of the City 2009
PROGRESS ON ACHIEVING COUNCIL OBJECTIVES
January 2009

Sue McCloud Paula Hazdovac
Mayor Mayor Pro-Tem

For Fiscal Year 2007/08, Audited Surplus of $346,841.00 applied to General Operating Reserve

Top Three Revenue Sources:
+4.4% Transient Occupancy Tax
+3.7% Property Tax
+9.2% Sales Tax

$815,000 Grants, State Bond Funds, Gifts
(Grant $300,000 to SCC, $30,000 in Gifts)

2008-2009 Budget Year
Council Established Five Priorities

1.) Update General Plan.
City-wide Survey mailed, results tabulated, analysis completed.
Del Mar and North Dunes Master Plan Task Force appointed and began work; Forest and Beach Commission and Planning Commission reviewed portions of the work of this Task Force.

2.) Update Historic Context Statement.
Clarified selection criteria and expanded to include 1941-1965 period, completed; approved by California Coastal Commission, November 2008.

3.) Monitor storm water run-off program and plan to address ASBS requirements.
Permit filed by City in October 2006 recently granted; allows storm water to flow into Carmel Bay under certain conditions
Pending: $2.5 M grant from State for dry weather diversion
City granted an ASBS exception by State Water Resources Control Board

4.) Work with Forest Theater Foundation to implement renovation of the Theater
Summer workshop; comments by public, changes to architect
Schematic plans anticipated to be received early 2009
Grant Writer researching potential funding sources
Goal to Qualify Project for Leadership and Energy and Environmental Design (LEED) at the Silver Standard Level

5.) Enhance our citywide emergency preparedness plan, to include community and regional resources.
Completed and accepted by Council

Capital Projects and Outlays:
Architect hired to prepare conceptual drawings for permanent restroom at Scenic Rd. & Santa Lucia Av.

6 Storm drains repaired or replaced;
San Antonio and 7th Av.
Mountain View Av. & Torres St.
Ladera & Rio Rd.
Santa Fe St. & 2nd Av.
Monte Verde St. & 12th Av.
Junipero Av. & Vista Av.

Resurfacing Scenic Rd and Sunset south parking lot

4th Av. Riparian Project; anticipated to be completed early 2009

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.

L. Consideration of a Resolution authorizing the City Administrator to execute an hourly, at-will employment agreement for the Community Event Planning Coordinator position with Robert Clovis in an amount not to exceed $20,000 per fiscal year.

Council Member ROSE moved adoption of Item L as part of the Consent Calendar, seconded by Council Member TALMAGE, and carried unanimously.

IX. Ordinances
D. Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179. (First reading)


Council Member ROSE moved approval of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, seconded by Council Member TALMAGE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

(Source: Archived Videos, Regular City Council Meeting, February 3, 2009)

Thursday, February 05, 2009

Carmel Art Association Presents SOLO SHOWS OF HEIDI HYBL & OLOF DAHLSTRAND AND GALLERY SHOWCASE FEATURING MICHIE LONG & HELENE GOLDSTEIN

Carmel Art Association
“Celebrating 81 years of local art”
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays.
Open to the Public at No Charge

“Founded in 1927, Carmel's oldest gallery features the work of more than 120 professional local artists, and is dedicated to presenting only the finest work for sale by artists living on the Monterey Peninsula.”

For more information, Online or (831) 624-6176.

Carmel Art Association Presents SOLO SHOWS OF HEIDI HYBL & OLOF DAHLSTRAND AND GALLERY SHOWCASE FEATURING MICHIE LONG & HELENE GOLDSTEIN

Thursday, February 5 – Tuesday, March 3, 2009

SOLO SHOW “NEW WORK” (Beardsley Room, South Wall):
Painter Heidi Hybl exhibits her plant forms series with a fresh collection of oils on paper and canvas. View brief biography and oil paintings “Fir Piece,” Date Palm,” and “Branch Crossing.”

SOLO SHOW “LITHOGRAPH SKETCHES OF THE OLD AMERICAN WEST” (Center Room):
Artist Olof Dahlstrand exhibits limited edition lithographic drawings of Western ghost towns and mining towns, hand printed on a multilith press. View one painting.

GALLERY SHOWCASE (Segal Room):
Artists and spouses Michie Long and Helene Goldstein exhibit large, color-saturated canvases. Helene Goldstein paints lush and enchanting imaginary flowers in oil and pastel and Michie Long paints large scale canvases depicting solitary figures placed in sparse interiors, on street corners and out on the plains. View one painting of each artist.

Opening Reception Saturday, February 7, 6:00 P.M. – 8:00 P.M.

Wednesday, February 04, 2009

4 February 2009 Special City Council Meeting Agenda: City Budget

CITY OF CARMEL-BY-THE-SEA
SPECIAL CITY COUNCIL MEETING
Wednesday, February 4, 2009 @ 4:30 pm

Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

IV. Resolutions
A. Receive mid-year Budget Report and Consideration of a Resolution adopting revisions to the fiscal year 2008-09 General Fund Budget.

Monday, February 02, 2009

Four Noteworthy 3 February 2009 City Council Agenda Items

ABSTRACT: Four noteworthy 3 February 2009 City Council Agenda items, namely the swearing-in of three new Firefighters, Mayor's Annual Report, Resolution authorizing an at-will employment agreement for a Community Event Planning Coordinator and Ordinance adopting the High Fire Hazard Severity Zone map, are presented. A SYNOPSIS, consisting of selected excerpts from each Agenda Item Summary and/or Staff Report, is presented for each agenda item. A COMMENT is made.

CITY OF CARMEL-BY-THE-SEA
City Council AGENDA
Regular Meeting
Tuesday, February 3, 2009


IV. Extraordinary Business
B. Swearing-in of three new Firefighters: Graham Evans; Brian Harrington; and David Meurer.

V. Announcements from Closed Session, from City Council Members and the City Administrator.
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities)

1. Receive Mayor’s Annual Report

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.

L. Consideration of a Resolution authorizing the City Administrator to execute an hourly, at-will employment agreement for the Community Event Planning Coordinator position with Robert Clovis in an amount not to exceed $20,000 per fiscal year.

SYNOPSIS:
Description: The hourly, at-will employee will plan, manage, promote and regulate City and non-City sponsored events and special promotions on public property on an as-needed basis. Other duties will include serving as community liaison and goodwill ambassador including recruiting, training, assigning and managing volunteers.

Overall Cost:
City Funds: $18 an hour, not to exceed $20,000 in a fiscal year.

Staff Recommendation: Adopt the Resolution.

Important Considerations: The City holds many community special events throughout the year. As there is no full-time employee to coordinate and manage these events, the City decided to enter into an at-will, hourly contract to provide these services as needed.

COMMENT:
As the City has had a full-time manager “to plan and oversee the community’s special events,” why doesn’t the City hire a full-time city employee instead of an at-will, "as needed" individual for these services? Wouldn’t a full-time city employee be more suitable for serving as “community liaison and goodwill ambassador including recruiting, training, assigning and managing volunteers,” et cetera?

IX. Ordinances
D. Consideration of an Ordinance amending Carmel Municipal Code Section 15.08.010 to adopt the High Fire Hazard Severity Zone map for the City, as required by State Fire Marshal and Government Code Section 51179. (First reading)

SYNOPSIS:
Description: The State recently adopted amendments of Chapter 7A of the California Building Code, addressing materials and construction methods in Very High Fire Hazard Severity Zones. The new code, which took effect July 1, 2008, requires all roofing and exterior walls for new buildings to be constructed of noncombustible materials. This requirement does not apply to remodels and/or additions -- only new buildings.

Staff Recommendation: Adopt the Ordinance.

Important Considerations: The purpose of the map is to identify properties that must comply with Chapter 7A of the California Building Code. This chapter establishes minimum standards for materials and material assemblies and provides a reasonable level of exterior wildfire exposure protection for buildings in high fire hazard areas.

BACKGROUND & DESCRIPTION
The State recently adopted amendments of Chapter 7A of the California Building Code that addresses materials and construction methods in Very High Fire Hazard Severity Zones (VHFHSZ). The new code, which took effect on July 1, 2008, requires all roofing and exterior walls for new buildings located in the VHFHSZ to be constructed of noncombustible materials. These requirements do not apply to remodel projects -- only new construction.

NONCOMBUSTIBLE MATERIALS
The purpose of the fire regulations is to retard the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten resources, life, or property. While siding materials such as untreated wood shingles, board and batten and horizontal shiplap will not be permitted in the VHFHSZ, the State maintains a list of noncombustible materials that comply with the ordinance, including properly treated wood siding products.

The noncombustible requirement, therefore, should not have a significant impact on community character, as the traditional range of acceptable siding products will still be available.

PROPERTIES IMPACTED
The VHFHSZ includes properties near the northern and eastern boundaries of the City and encompasses the following City blocks (see attached map):

Very High Fire Hazard Severity Zones in LRA
As Recommended by CAL FIRE