Springtime Wildflowers in Mission Trail Nature Preserve

ABSTRACT: Photographs of vibrant and pastel colored springtime wildflowers throughout Mission Trail Nature Preserve are shown.

Special City Council Meeting: Two Agenda Items

ABSTRACT: On the Special City Council Meeting Agenda for Wednesday, March 25, 2009, there are two Orders of Council, namely “Receive economic analysis report on Flanders Mansion” and “Receive report and provide policy direction regarding contracting fire protection services to the City of Monterey.” Highlights of Public Safety Director George Rawson's Report are presented, as the six page packet consists of the Public Safety Director’s STAFF REPORT only.

NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Wednesday, March 25, 2009
4:30 p.m.
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

IV. Orders of Council

A. Receive economic analysis report on Flanders Mansion.

B. Receive report and provide policy direction regarding contracting fire protection services to the City of Monterey.

GEORGE E. RAWSON, DIRECTOR OF PUBLIC SAFETY

RECOMMENDATION:
Receive report and provide policy direction regarding contracting fire protection services to the City of Monterey.

• Highlights of the STAFF REVIEW, specifically business points related to the proposed agreement with the City of Monterey, as follows:
STAFF REVIEW:
􀂾 Monterey Assistant Chief Andrew Miller will oversee the daily operations of the Carmel fire station.

􀂾 This model upgrades fire protection to Carmel by enhancing operational and staff capacity. The on-duty staffing available to Carmel on a 24/7 basis expands from three firefighters to a system-wide 18 firefighters. These firefighters would be trained in Carmel, to make them thoroughly familiar with the City.

􀂾 The available pool of full-time firefighters expands from nine to 70. These firefighters would be trained in Carmel to make them thoroughly familiar with the City. Response times of approximately three minutes from the Carmel Fire station are preserved.

􀂾 Fire apparatus inventory increases from two engines to 11 engines, two ladder trucks, one heavy rescue, fire boat and breathing air support unit.

􀂾 Eliminates duplication of services, because Carmel will no longer be responsible for recruitment, hiring, labor relations, discipline, payroll, workers’ compensation, and related responsibilities for managing fire department personnel, resulting in additional cost savings.

􀂾 The proposed agreement offers long-term sustainability, the opportunity to reduce future costs if other fire departments opt in and includes language for alternate governance if there is mutual interest in creating a Joint Powers Authority.

Note: The Carmel firefighters have expressed their support of contracting with Monterey; the agreement has been approved by both the Carmel and Monterey firefighters’ associations.

• Highlights of FISCAL IMPACT, as follows:
FISCAL IMPACT:
For FY 09-10, the cost for the fire department, excluding the City’s Regional Ambulance Subsidy, totals $1,850,000. This figure includes the addition of the three new firefighters.

The projected cost for a contract with Monterey for FY 09-10 is $2,076,000. This partnership with Monterey will cost $226,000 more than the City’s current projected cost for the fire department.

In order to achieve a comparable level of service and staffing, however, Carmel would have to create a stand-alone department, which would include duty chiefs and a fire chief. The projected cost to the City for a stand-alone fire department for FY 09-10 is $2,723,000.

For FY 10-11, the projected cost for year two of a contract with Monterey is $2,625,000, while the cost for a stand alone fire department is $2,766,000.

• Highlights of SUMMARY, as follows:
SUMMARY:
A proposed time line, as follows:
April 7, 2009: City Council considers action for approving the proposed Monterey contract.

June 30, 2009: Due date for Monterey to complete all contract preparatory actions

July 1, 2009: Implementation of contract

(Source: Special Meeting Agenda Packet March 25 2009)

Random Reportings

ABSTRACT: Random Reportings on the City’s Workshop on the proposed Fire Protection Services Contract with the City of Monterey, the Status of the Draft Environmental Impact Report for Rigoulette, LLC (Villas de Carmelo) Project and the Monterey Peninsula Regional Park District’s Grant to the Lester Rowntree Native Plant Garden Volunteer Group are presented.

• Workshop: City’s Fire Protection Services Contract with the City of Monterey
Date: Wednesday, March 25, 2009

Time: 4:30 P.M.

Place: City Hall/Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
Carmel-by-the-Sea, CA.

Note: Prior to the release of the actual agenda and staff report for the Workshop, it is expected that City of Monterey Assistant City Manager Fred Cohn and/or Fire Chief Sam L. Mazza will make a presentation. Q & A will follow. No action will be taken by the City Council at this Workshop.
(Sources: Molly Laughlin, Deputy City Clerk, Carmel-by-the-Sea; City of Monterey Assistant City Manager Fred Cohn)

• Status of the Draft Environmental Impact Report for Rigoulette, LLC (Villas de Carmelo) Project (DEIR)
The Draft Environmental Impact Report for the Rigoulette, LLC (Villas de Carmelo) Project is expected to be completed by Denise Duffy & Associates and transmitted to County of Monterey Resource Management Agency - Planning Department by the end of March 2009, according to Brice Ternet of Denise Duffy & Associates. Soon thereafter, the County will load the DEIR onto the County’s web site under “Recent Environmental Documents.” A Table with the Project Title (click to view), File Number, Type of Document, Public Review Begins and Public Review Ends will be displayed with a link to the DEIR document.

Project Title: RIGOULETTE LLC (Villas de Carmelo Project)

File No.: PLN070497

Location: HWY 1 & VALLEY WAY CARMEL

Application Date: 12/26/2007

Description:
COMBINED DEVELOPMENT PERMIT TO INCLUDE AN LOCAL COASTAL PLAN AMENDMENT TO CHANGE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL AND A REZONING FROM MDR/2 TO HDR/12.5 IN THE COASTAL ZONE; A COASTAL DEVELOPMENT PERMIT AND STANDARD SUBDIVISION TO CONVERT A 10,350 SQUARE FOOT CONVALESCENT HOSPITAL INTO NINE CONDOMINIUM UNITS AND CREATE 37 ADDITIONAL CONDOMINIUM UNITS; COMMON SPACE WILL INCLUDE UNDERGROUND PARKING, RECREATION ROOM, STORAGE AND GYM; A COASTAL ADMINISTRATIVE PERMIT TO DEMOLISH ONE EXISTING STRUCTURE AND CONSTRUCT 12 BUILDINGS FOR A TOTAL OF 46 CONDOMINIUM UNITS; A COASTAL DEVELOPMENT PERMIT TO ALLOW DEVELOPMENT ON SLOPES OF 30% OR GREATER; A COASTAL DEVELOPMENT PERMIT TO ALLOW THE REMOVAL OF 97 TREES (21 COAST LIVE OAK AND 76 MONTEREY PINES); AND DESIGN APPROVAL. THE PROPERTY IS LOCATED BETWEEN HIGHWAY ONE AND VALLEY WAY, CARMEL (ASSESSOR'S PARCEL NUMBERS 009-061-002-000, 009-061-003-000 AND 009-061-005-000), COASTAL ZONE.

• Monterey Peninsula Regional Park District Grant to the Lester Rowntree Native Plant Garden Volunteer Group

A grant of $13,500 from the Monterey Peninsula Regional Park District (MPRPD) was awarded to the Lester Rowntree Native Plant Garden Volunteer Group on December 3, 2007 for the installation of a drip irrigation system and a new potting shed at the Lester Rowntree Native Plant Garden. As of this date, $3,719.54 has been reimbursed for these projects. The grant expires November 20, 2010, unless an extension is requested, according to Shuran J. Britton, PHR, Administrative Services Coordinator/Board Clerk, Monterey Peninsula Regional Park District.

The Volunteer Group is working with high school students in the Regional Occupation Program to accomplish four phases. The first phase, now completed, consisted of drip irrigation installation and planting of nearly 100 plants in the upper section of the Garden. The second phase is now in progress. The construction of the new potting shed has yet to be approved by the City of Carmel-by-the-Sea; it is anticipated that an application will be submitted to the City for Planning Commission consideration in April 2009, according to Volunteer Group Member Greg D’Ambrosio.

UPDATE: Historic Inventory Designation Appeals to the Historic Resource Board

Resource Name: Robert Allen Griffin House
Location: Camino Real & 11th Av., S.W. Corner
Distinction: APPEAL GRANTED, Craftsman Cottage Residence removed from City’s Inventory of Historic Resources due to the absence of plans and lack of association with a master builder or architect.

UPDATE: HISTORIC APPEALS TO THE HISTORIC RESOURCES BOARD
(November 2005 – February 2009)

APPEALS GRANTED: 44

APPEALS DENIED: 20

APPEALS DISMISSED: 14

APPEALS OF A PRELMINARY DETERMINATION OF INELIGIBILITY:
GRANTED: 1
DENIED: 3

TOTAL NUMBER OF APPEALS: 82

NUMBER ADDED TO REGISTER FROM INVENTORY: 1

HISTORIC APPEAL TO THE HISTORIC RESOURCES BOARD (February 24, 2009)
(Name of Property Owner, Physical Location, Resource Name, APPEAL GRANTED or DENIED)

HISTORIC RESOURCES BOARD
REGULAR MEETING AGENDA
Monday, January 26th, 2009
City Hall Council Chambers
East side of Monte Verde Street Between Ocean and Seventh Avenues

BOARD MEMBERS:
ERIK DYAR, CHAIRPERSON
ELINOR LAIOLO
ERLING LAGERHOLM
NICOLE SCHROEDER
JULIE WENDT

APPEAL
Consideration of an appeal of the City’s determination to place an existing residence located in the Single Family Residential (R-1) District on the City’s Inventory of Historic Resources.

Name of Property Owner: The Edith Pomeroy Trust
Resource Name: Robert Allen Griffin House
Location: Camino Real & 11th Av., S.W. Corner
APPEAL GRANTED

COMPLETE: Fourth Avenue Riparian Habitat and Pathway Project

ABSTRACT: Photographs of the recently completed Fourth Avenue Riparian Habitat and Pathway Project are shown. The completed Project is along the south side of Fourth Avenue between San Antonio Av. and Monte Verde St. and consists of storm drainage channel, storm drains, settling pools, pedestrian path and bridges, landscaping of trees and plants and irrigation system. The Project was completed by Green Valley Landscaping in early March 2009.

Along Fourth Avenue
View from Carmelo to Monte Verde St. (eastward)

Along Fourth Avenue
View from Monte Verde St. to San Antonio Av. (westward)

View along Fourth Avenue to San Antonio Av. (westward)

City's Reforestation Program: One Tree at a Time

ABSTRACT: Photographs depicting the planting process of one of the Monterey Pine seedlings planted today by our city’s most recently hired part-time tree planter and waterer, Shandra, are shown. Steve Brooks of Friends of Carmel Forest assembles the stakes and enclosures and makes the laminated strips "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY,” while Shandra obtains the seedlings from Carmel Middle School or Rana Creek Nursery and plants and waters the seedlings in public rights-of-way locations determined by City Forester Mike Branson.

Shandra planting Monterey Pine Seedling
S/s Seventh Av. between Forest Rd. & Guadalupe St.

Planted Monterey Pine Seedling

Shandra securing Stake & Attached Enclosure

Shandra affixing laminated strip, "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY,” to Stake

View of laminated strip, "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY"

Planted Monterey Pine Seedling with Stake & Enclosure
S/s Seventh Av. between Forest Rd. & Guadalupe St.

View of City’s Non-Potable Water Truck (capacity 500 gallons)

This afternoon, Shandra, our City’s part-time tree planter and waterer planted about five trees in Carmel-by-the-Sea’s public rights-of-way. One of the Monterey Pine seedlings was planted on the south side of Seventh Avenue between Forest Road and Guadalupe Street; the planting process was photographed. Shandra was recently hired as a part-time tree waterer on or about February 2, 2009; she joins Kimberly, the other part-time tree waterer. Since that time, Shandra has planted approximately 30 trees, including Monterey Pine, Monterey Cypress and a Canary Pine in Carmel-by-the-Sea. Steve Brooks of Friends of Carmel Forest assembles the stakes and enclosures and makes the laminated strips "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY,” while Shandra obtains the seedlings from Carmel Middle School or Rana Creek Nursery and plants and waters the seedlings in locations throughout Carmel-by-the-Sea determined by City Forester Mike Branson.

NOTE: Special thanks to Shandra for taking the time during her planting and watering schedule to provide information about our city's current tree reforestation efforts and her job as part-time tree planter and waterer.

‘Example’ Set by City of Monterey v. Del Monte Dunes at Monterey, Ltd., 119 Supreme Court 624 (1999)

ABSTRACT: In his lawsuit against the City of Carmel-by-the-Sea, John Mandurrago aims to “set an example to other cities that delaying qualified housing development projects based on animus, ill will and wholly arbitrary and irrational subjective requirements is not an accepted practice, particularly when Petitioner’s due process rights protected by Fifth Amendment and Fourteen Amendment are deprived under the color of state action.” However, the “example” was set by City of Monterey v. Del Monte Dunes at Monterey, Ltd., 119 Supreme Court 624 (1999). Important facts regarding City of Monterey v. Del Monte Dunes at Monterey, Ltd. are presented and comparisons with Mandurrago v. City of Carmel-by-the-Sea are made. COMMENTS are made about the City’s treatment and actions regarding John Mandurrago and his proposed Plaza del Mar Project.

In his lawsuit against the City of Carmel-by-the-Sea, John Mandurrago aims to “set an example to other cities that delaying qualified housing development projects based on animus, ill will and wholly arbitrary and irrational subjective requirements is not an accepted practice, particularly when Petitioner’s due process rights protected by Fifth Amendment and Fourteen Amendment are deprived under the color of state action.” However, the “example” was set by City of Monterey v. Del Monte Dunes at Monterey, Ltd., 119 Supreme Court 624 (1999). In that case, Del Monte Dunes sought to develop property it owned within the City of Monterey, was denied development of the property on five separate occasions and finally, after 17 years of rejection, filed a lawsuit again the City of Monterey in federal court under 42 USC Section 1983, alleging that the denial of their final proposal was a violation of due process and equal protection under the Fourteenth Amendment.

On October 7, 1998, during Oral Argument, Justice Antonin Scalia and Justice Anthony M. Kennedy stated, as follows:

Monterey’s counsel described it as "not atypical in some respects"; Justice Scalia’s disembodied "Five times"; Justice Scalia further said "And this is typical, you say?"

Justice Scalia: "The landowner here essentially thinks that it was getting jerked around, … isn’t here some point at which… you begin to smell a rat, and at that point can’t we say,… this is simply unreasonable."

Justice Kennedy: Even if the property has value, if the city is unreasonable and there is bad faith, isn’t "the city still liable in damages for that unreasonable treatment of the landowner?"

On May 24, 1999, the United States Supreme Court upheld a jury verdict of $1.45 million in damages in favor of Del Monte Dunes and against the City of Monterey, “reaffirming the rights of property owners to obtain money judgments in Civil Rights actions against municipalities and counties in cases involving takings and other violations of property rights.”

Similarly, John Mandurrago sought to develop property he owns within the City of Carmel-by-the-Sea, was denied development of the property on at least three separate occasions and finally, after more than 7 years of rejection, filed a lawsuit against the City of Carmel-by-the-Sea in Monterey County Superior Court involving 42 USC Section 1983, alleging that the denials were a violation of due process under the Fifth Amendment and Fourteenth Amendment.

COMMENTS:
• Unfortunately for residents and taxpayers of Carmel-by-the-Sea, the “example” set by the City of Monterey v. Del Monte Dunes at Monterey, Ltd., 119 Supreme Court 624 (1999) was not taken seriously by the City of Carmel-by-the-Sea and now Carmel-by-the-Sea taxpayers face the possibility of an unprecedented damages verdict against the City of Carmel-by-the-Sea for the City’s actions regarding John Mandurrago’s Plaza del Mar Project.

• An objective analysis of the record shows that the City of Carmel-by-the-Sea “jerked around” John Mandurrago for seven long years.

• Both groups of individuals, those who favor the preservation of the Palo Alto Savings and Loan Building and those who favor demolition and new construction, should recognize that whether or not the City violated any laws, the City’s treatment of John Mandurrago was egregious and unconscionable.

ADDENDUM:
Series of Denials:
City of Monterey v. Del Monte Dunes at Monterey, Ltd.
344 units (Planning Commission suggested 264)
264 units (Planning Commission suggested 224)
224 units (Planning Commission denied; appeal Council; remanded to consider 190)
190 units (no, yes and then no)

Series of Approvals/Denials:
Mandurrago, John et al. vs. City of Carmel-by-the-Sea et al. (M97273)
Historic Resources Board (HRB): (vote contradicted 2005 Environmental Impact Report (EIR) that the Palo Alto Savings & Loan building designed by architect Walter Burde in the 1970s was not historic)

City Council: (voted to overturn HRB’s decision, 2006)

Planning Commission: (directed staff to revise the EIR to conclude demolition would result in a “loss of great architecture,” and would therefore have a significant impact on the environment.)

Planning Commission: (adopted “findings of overriding consideration” and approved permits and design, 2008)

City Council: (appeal of Planning Commission’s decision by Carmel Residents Association President Barbara Livingston; voted to remand to Planning Commission, December 2008)

Planning Commission: (asked Mandurrago to “reexamine the possibility of incorporating the bank building into his plans.”)

City Bad Faith Plus Jury Trial Equals Verdict For Property Owners: City Of Monterey v. Del Monte Dunes, Brigit S. Barnes of Law Office of Brigit S. Barnes

UPDATE: Case Management Conference 9/3/2009 09:00:00 Courtroom 15

NOTE:
A Case Management Conference is scheduled for Friday, March 20, 2009 at 9:00 A.M. in Courtroom 15 at the Monterey Courthouse, 1200 Aguajito Rd. Monterey, CA.

COMMENTARY: City Government Culture of Harassment, Ill Will, Retaliation, Vindictiveness & “Evil Motive or Intent”

While it is beyond the scope of this commentary to comment on the allegations of John Mandurrago that the City of Carmel-by-the-Sea, City of Carmel-by-the-Sea Council, et al. violated the California Environmental Quality Act, the Housing Accountability Act, Government Code housing statures, his constitutionally protected rights under the color of state laws, his Fifth Amendment and Fourteen Amendment to the Constitution of the United States rights, including violations of substantive and procedural due process rights, it is within the scope of this commentary to comment on how this latest legal compliant against the City of Carmel-by-the-Sea displays a disturbing pattern of abuse and misuse of power against citizens and residents of Carmel-by-the-Sea.

As the mayor of the City of Carmel-by-the-Sea, Sue McCloud has the power and responsibility to make certain that the City adheres to municipal, state and federal laws and individuals are not deprived of their rights and privileges afforded to them by state laws and the Constitution of the United States. Yet, during her nearly nine year tenure as mayor of Carmel-by-the-Sea, the City has sanctioned violations of municipal, state and federal laws (M76728) and as John Mandurrago alleges in Mandurrago v. City of Carmel-by-the-Sea (M97273) more violations of state and federal laws. Furthermore, John Mandurrago’s compliant against the City characterizes Carmel’s actions as not only “illegal,” but intended to “delay, harass, as well as deny the Project as the City’s method to retaliate against Petitioner;” “vindictive and ill will at Petitioner intended to delay and ultimate deny the Project based on animus, ill will and wholly arbitrary and irrational subjective requirement;” intended to harm Petitioner in that Petitioner was subjected to “humiliation and indignity” and “mental pain and suffering;” and done with “evil motive or intent, or with reckless or callous indifference to petitioner’s rights.” Finally, in additional to general damages, Mandurrago seeks putative damages, as follows: “For punitive damages in an amount appropriate for Respondents’ and Defendants’ actions, wrongful conduct, and to set an example to other cities that delaying qualified housing development projects based on animus, ill will and wholly arbitrary and irrational subjective requirements is not an accepted practice, particularly when Petitioner’s due process rights protected by Fifth Amendment and Fourteen Amendment are deprived under the color of state action.”

Unfortunately, this latest compliant against the City highlights other cases where the City has engaged in arbitrary, discriminatory and wrongful acts, namely by violating the California Environmental Quality Act, Government Code and Municipal Code in Flanders Foundation v. City of Carmel-by-the-Sea (M76728) and where Mayor Sue McCloud has engaged in harassment, ill will and vindictiveness against Carmelite Susan Page as she sanctioned the delay of her application before the Forest and Beach Commission, voided her permit without cause and substituted language in the permit not approved by the City Council.

In closing, regardless of the legal outcome of Mandurrago v. City of Carmel-by-the-Sea, et al., all Carmelites should challenge, confront and condemn city actions which can be construed as actions characterized by harassment, ill will, retaliation, vindictiveness and “evil motive or intent,” all Carmelites!

ADDENDUM:Mandurrago sues city over bank building demolition, MARY BROWNFIELD, The Carmel Pine Cone, March 6, 2009

Carmel Art Association Presents CYNDRA BRADFORD/HOWARD BRADFORD ‘RETROSPECTIVE AND TRIBUTE’ & GALLERY SHOWCASE FEATURING CARVELL, HEWITT AND OLSEN

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 CYNDRA BRADFORD/HOWARD BRADFORD ‘RETROSPECTIVE AND TRIBUTE’ & GALLERY SHOWCASE FEATURING FRED CARVELL, ROBERT REYNOLDS HEWITT AND PEGGY OLSEN

Thursday, March 5 – Wednesday, April 1, 2009

RETROSPECTIVE AND TRIBUTE “Painted Path” (Beardsley Room):
Painter Cyndra Bradford exhibits new landscape oil paintings as a tribute to Howard Bradford (1919-2008), her father, teacher and artistic mentor, as well as a retrospective of Howard Bradford’s paintings. View one painting and nine landscape paintings from Galerie Plein Aire website.

GALLERY SHOWCASE (Segal Room):
Painter Fred Carvell exhibits “Horizons,” a new series of textural, acrylic on board semi-abstract landscapes. View brief biography, et cetera, and three paintings, including “Blue Hills," "Autumn Reflections" and "Autumn Fields.”

Painter Robert Reynolds Hewitt exhibits paintings of colorful, swirling, contra dance figures exploring a widely divergent theme--one of human suffering--in this show of acrylic paintings on canvas. View artist’s statement, brief biography and three paintings, including “Begonia's, A Crown for Mother Earth," "Ladies Allemande Right" and "The Bride and Groom."

Painter Peggy Olsen exhibits new oil on paper paintings of garden landscapes overflowing with vibrant flowers. View information and seven paintings, including "Poppy Fields," "Hillside Melody," "Vineyard of the West," "Where Lupin Linger," “Vista by the Bay,” “Eucalyptus High,” and “Fine Vines.”

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

‘MINUTES’ for Two Noteworthy 3 March 2009 City Council Agenda Items

“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 3, 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.

G. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing services in an amount not to exceed $27,500 in fiscal year 2008/09

Item G was pulled from the Agenda.

IX. Ordinances
D. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board (First Reading).

SUMMARY:
City Administrator Rich Guillen presented his recommendation for the dissolution of the Design Review Board (DRB) based on the “economic downturn,” lack of staff and reduction in staff time and workload.

Planning & Building Services Manager Sean Conroy cited the requirement of an Amendment to the LCP approved by the California Coastal Commission if approved by a majority of the City Council Members. Further, after a Second Reading by the City Council, the California Coastal Commission could conceivably place the item on their agenda 30-90 days later, according to City Administrator Rich Guillen.

During the Public Comment period, Carmelite Monte Miller, DRB Chairman Michael LePage and DRB Members Michael Lynch and Keith Paterson questioned and/or rebutted the City Administrator’s reasons for the dissolution of the DRB citing that dissolution would not yield economic savings or reduce staff workload. Barbara Livingston, as President of the Carmel Residents Association and on behalf of the board of Directors, requested the City Council continue the item due to the need for the mayor to meet with the chairs of the Planning Commission and the DRB to receive their input and the need for the staff to research the original intention of forming the DRB. Steve Dallas voiced his opposition to the dissolution of the DRB and doubted whether the California Coastal Commission would approve the dissolution if approved by a majority of City Council Members.

During City Council deliberation, City Council Member Ken Talmage recognized that the more important issue than staff time and workload was the issue of whether or not “venue shopping" was still occurring; that is, applicants tailoring their applications to be placed on one body’s agenda due to the belief that the City’s design standards were being inconsistently applied by the DRB vs. the Planning Commission.

After approximately eleven minutes of deliberation, a consensus was achieved that the City Council Members required more “facts,” more research and clarification of criteria which determine which applications are placed on the DRB vs. the Planning Commission agendas prior to any decision on the dissolution of the DRB. Ergo, no action was taken and the item was not continued to a date certain in the future.

COMMENT:
• Although City Administrator Rich Guillen reiterated that there would be economic savings and reductions in staff time and workload dealing with only five Commissioners as opposed to ten Commissioners, he failed to present any evidence or data to support his contention that the dissolution of the DRB with the resultant shifting of DRB responsibilities to the Planning Commission would result in economic savings, et cetera.

ADDENDUM:
The next meeting (workshop) of the City Council is Wednesday, March 25, 2009 at 4:30 P.M.:
Agenda Item, The Fire Department Contract with the City of Monterey

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

Two Noteworthy 3 March 2009 City Council Agenda Items

ABSTRACT: Two noteworthy 3 March 2009 City Council Agenda Items, namely a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing services and an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to dissolve the Design
Review Board, are presented. A SYNOPSIS, consisting of selected excerpts from each Agenda Item Summary and/or Staff Report, is presented for each agenda item. COMMENTS are made regarding the dissolution of the Design Review Board.

CITY OF CARMEL-BY-THE-SEA
City Council AGENDA
Regular Meeting
Tuesday, March 3, 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.

G. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing services in an amount not to exceed $27,500 in fiscal year 2008/09.

SYNOPSIS:
Description: The City has had a contract with Anda/Burghardt Advertising to provide destination marketing services. Recently, this firm closed and its president, Jeff Burghardt, is president of a new marketing firm, Burghardt + Doré Advertising, Inc.

Jeff Burghardt developed the City’s destination marketing plan. The City can continue its FY 2008/09 marketing plan by contracting with his new business, Burghardt + Doré. Exhibit “A” outlines the services to be provided by this firm through the end of the 2008/09 fiscal year.

Overall Cost:
City Funds: $27,500, to be funded from General Fund account 01-85200.

Staff Recommendation: Staff recommends that the Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services as outlined in Exhibit “A”.

Important Considerations:
1. Jeff Burghardt developed the marketing plan for the City when it was contracted with Anda/Burghardt.

2. Funds were approved in the Fiscal Year 2008/2009 Annual Budget up to $142,750. So far this fiscal year, $101,250 has been spent on marketing programs, with an additional $14,000 set aside to mail for the “Guide to Carmel”. This leaves a balance of approximately $27,500 for marketing services through June 30, 2009.

Decision Record: Resolution 2008-43, dated July 1, 2008, approving the FY 2008/09 destination marketing contract with Anda/Burghardt.

Exhibit A Revised
2008-09 Destination Marketing
SCOPE OF SERVICES
Strategy:
Continue to build on the integrated destination marketing campaign to increase visitor business and brand awareness. The marketing campaign will primarily focus on targeting upscale consumers during the shoulder and slow seasons.

Recommendation:
A strong mix of advertising, Internet, direct marketing, collateral, and public relations will continue to be the foundation for the City’s marketing efforts. This year, we recommend enhancing the website; printing a stylish rack brochure; increasing Internet search marketing to include all of the US with some geotargeting in Europe and Canada; increase press submissions; and provide coop media opportunities to the hotels/inns. New online videos and direct mail are TBD.

The following budget breakdown is recommended:
Remaining Marketing & PR Budget: $27,500
1) Marketing:
Scope of Work:
Marketing & Media Plan
Promotional Campaigns (ads, direct mail, emarketing, and PR)
Website
List Development

2) Public Relations:
Scope of Work
Pitching seasonal press releases
Manage ongoing press requests and needs

3) Present quarterly reports to the Council

4) Submit written annual report
Jeff Burghardt

Account/Creative Director
Burghardt+Doré Advertising, Inc.
P.O. Box 223491
Carmel, CA 93922
831.622.0144
Fax 831.620.0738
jeff@burghardt-dore.com

IX. Ordinances
D. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board (First Reading).

SYNOPSIS:
Description: The Design Review Board currently reviews applications for design review not requiring land use permits or those that are not otherwise reserved for the Planning Commission. This ordinance would dissolve the Design Review Board and shift its responsibilities to the Planning Commission.

Staff Recommendation: Adopt ordinance.

Important Considerations: CMC chapter 17.52.050 establishes the responsibilities of the Design Review Board. The Board’s role has been limited to the review of design applications not involving other land use permits. Dissolving the Board will shift more responsibility to the Planning Commission, but will create more consistency for applicants going through the planning process. This also will reduce pressures on staff, as it will be one fewer Board to manage.

Note: The ordinance will require a Local Coastal Program amendment by the California Coastal Commission.

COMMENTS:
• Established in 2000 at the instigation of Mayor Sue McCloud, the Design Review Board, now after nearly nine years, has been found to be unnecessary as an independent board. In his Staff Report, Planning & Building Services Manager Sean Conroy cited the need to “simplify the design review process,” “create more consistency for applicants" and “reduce pressures on staff” as reasons for dissolving the Design Review Board.

• While the Decision Record of “Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan to dissolve the Design Review Board” states "N/A," the Decision Record should reflect that the City Council unanimously voted to adopt an “Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission” at the 4 November 2009 (First Reading) and 2 December 2008 (Second Reading) City Council Meetings. Three/four months later, the City Council is now considering the dissolution of the Design Review Board, further evidence of city management dysfunction.

• For context, consultant Nore Winter (Winter & Company) of the Design Traditions Project never envisioned a Design Review Board as a separate entity, rather design review was originally envisioned as the responsibility of a sub-committee of the Planning Commission. Hence, a non-expert, namely Sue McCloud, overruled a nationally known design expert, namely Nore Winter. In short, Nore Winter has been vindicated and Sue McCloud has been very slow and late in rectifying a situation she created.

NOTE:
Next meeting of the City Council:
Budget Workshop – 4:30 p.m.
Thursday, April 2, 2009
Council Chambers

(Sources: Agenda, Regular Meeting, Tuesday, March 3, 2009 and AGENDA Packet, Regular Meeting, Tuesday, March 3, 2009)