SUNSET CULTURAL CENTER INC., State of California Department of Justice Office of the Attorney General

SUNSET CULTURAL CENTER INC.

Registrant Information
Full Name: SUNSET CULTURAL CENTER INC.
FEIN: 522404864
Type: Public Benefit
Corporate or Organization Number: 2554779

Registration Number: 123812 Record Type: Charity Issue Date: 6/30/2006 Renewal Due Date: 11/15/2016 Registration Status: Current Date of Last Renewal: 4/1/2016

Address Information

P O BOX 1950
CARMEL BY THE SEA CA 93921

Annual Renewal Information

FiscalBegin:	01-JUL-03
Fiscal End:	30-JUN-04
Total Assets:	$223,646.00
GrossAnnualRevenue:	$105,901.00
RRF Received:	15-NOV-04
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-04
Fiscal End:	30-JUN-05
Total Assets:	$511,251.00
GrossAnnualRevenue:	$1,686,314.00
RRF Received:	18-NOV-05
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-05
Fiscal End:	30-JUN-06
Total Assets:	$612,644.00
GrossAnnualRevenue:	$2,148,008.00
RRF Received:	17-NOV-06
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-06
Fiscal End:	30-JUN-07
Total Assets:	$659,186.00
GrossAnnualRevenue:	$2,434,621.00
RRF Received:	30-NOV-07
Returned Date:
990 Attached:
Status:	Accepted

FiscalBegin:	01-JUL-07
Fiscal End:	30-JUN-08
Total Assets:	$634,402.00
GrossAnnualRevenue:	$2,076,737.00
RRF Received:	17-NOV-08
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-08
Fiscal End:	30-JUN-09
Total Assets:	$830,698.00
GrossAnnualRevenue:	$2,105,008.00
RRF Received:	17-FEB-10
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-09
Fiscal End:	30-JUN-10
Total Assets:	$796,687.00
GrossAnnualRevenue:	$1,931,154.00
RRF Received:	17-FEB-11
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-10
Fiscal End:	30-JUN-11
Total Assets:	$814,797.00
GrossAnnualRevenue:	$2,034,421.00
RRF Received:	24-JAN-12
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-11
Fiscal End:	30-JUN-12
Total Assets:	$1,235,225.00
GrossAnnualRevenue:	$2,524,247.00
RRF Received:	19-FEB-13
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-12
Fiscal End:	30-JUN-13
Total Assets:	$1,135,960.00
GrossAnnualRevenue:	$2,231,049.00
RRF Received:	19-FEB-14
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-13
Fiscal End:	30-JUN-14
Total Assets:	$1,188,959.00
GrossAnnualRevenue:	$2,431,483.00
RRF Received:	13-APR-15
Returned Date:
990 Attached:	Y
Status:	Accepted

FiscalBegin:	01-JUL-14
Fiscal End:	30-JUN-15
Total Assets:	$898,725.00
GrossAnnualRevenue:	$2,534,302.00
RRF Received:	19-FEB-16
Returned Date:
990 Attached:	Y
Status:	Accepted

Sunset Cultural Center Inc. (SCC) IRS Form 990 (2015) & Annual Registration Renewal Fee Report (2015)

ABSTRACT: Sunset Cultural Center Inc. (SCC) IRS Form 990 (2015) and Annual Registration Renewal Fee Report (2015) document copies are embedded. HIGHLIGHTS, including executive director and compensation, total revenue, total expenses, total assets, total liabilities, city government subsidy and Officers and Trustees, are presented.

Scc Irs Form 990 2015

SCC IRS Form 990 (2015)

HIGHLIGHTS:
CHRISTINE FLETCHER EXECUTIVE DIRECTOR
Reportable compensation from the organization $123,844.
Estimated amount of other compensation from the organization and related organizations $24,644.
Total revenue $2,534,302.
Total expenses $2,624,289.
Total assets: $898,725.
Total liabilities $276,119.
Government grants (contributions) $650,000.

MARY GIFFORD TRUSTEE
STAN MERESMAN SECRETARY
DAVID PARKER TRUSTEE
ROBERT OPPENHEIM TRUSTEE
KURT GRASING TRUSTEE
NANCY DOOLITTLE TRUSTEE
STEVE PEARSON TRUSTEE
LESLIE SNORF TRUSTEE
ELECE OTTEN LEVERONE CHAIR
SUE MCCLOUD TRUSTEE
RICHARD FINEBERG TRUSTEE
KEN WHITE TRUSTEE
KATHLEEN BANG VICE CHAIR

Scc Rrf 2015

SCC Annual Registration Renewal Fee Report (2015)

HIGHLIGHTS:
(7/01/14 ending 6/30/15)
Gross annual revenue $2,534,302. Total assets $898,725.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

Sunset Cultural Center Inc. (SCC) IRS Form 990 (2014) & Annual Registration Renewal Fee Report (2014)

ABSTRACT: Sunset Cultural Center Inc. (SCC) IRS Form 990 (2014) and Annual Registration Renewal Fee Report (2014) document copies are embedded. HIGHLIGHTS, including executive director and compensation, total revenue, total expenses, total assets, total liabilities, city government subsidy and Officers and Trustees, are presented.
Scc Irs Form 990 2014

SCC IRS Form 990 (2014)

HIGHLIGHTS:
CHRISTINE FLETCHER EXECUTIVE DIRECTOR
Reportable compensation from the organization $123,844.
Estimated amount of other compensation from the organization and related organizations $24,644.
Total revenue $2,431,483.
Total expenses $2,561,196.
Total assets: $1,188,959.
Total liabilities $476,366.
Government grants (contributions) $650,000.

NOTE: JOSEPH E. FLETCHER
FAMILY MEMBER
Amount of Transaction $54,479
Description of transaction COMMISSION ON SALES

MARY GIFFORD TRUSTEE
STAN MERESMAN SECRETARY
DAVID GRYSKA TRUSTEE
ROBERT OPPENHEIM TRUSTEE
KURT GRASING TRUSTEE
JUDY PROFETA TRUSTEE
SALLY REED TRUSTEE
DAVID PARKER TRUSTEE
ELECE OTTEN LEVERONE CHAIR
SUE MCCLOUD TRUSTEE
LISA KOHRS TREASURER
KEN WHITE TRUSTEE
KATHLEEN BANG VICE CHAIR

Scc Rrf 2014

SCC Annual Registration Renewal Fee Report (2014)

HIGHLIGHTS:
(7/01/13 ending 6/30/14)
Gross annual revenue $2,431,483. Total assets $1,188,959.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

Sunset Cultural Center Inc. (SCC) IRS Form 990 (2013) & Annual Registration Renewal Fee Report (2013)

ABSTRACT: Sunset Cultural Center Inc. (SCC) IRS Form 990 (2013) and Annual Registration Renewal Fee Report (2013) document copies are embedded. HIGHLIGHTS, including executive director and compensation, total revenue, total expenses, total assets, total liabilities, city government subsidy and Officers and Trustees, are presented.

Scc Irs Form 990 2013

SCC IRS Form 990 (2013)

HIGHLIGHTS:
CHRISTINE FLETCHER EXECUTIVE DIRECTOR
Reportable compensation from the organization $119,522.
Estimated amount of other compensation from the organization and related organizations $500.
Total revenue $2,231,049.
Total expenses $2,313,429.
Total assets: $1,135,960.
Total liabilities $293 654.
Government grants (contributions) $600,000.

MARY GIFFORD TRUSTEE
STAN MERESMAN TRUSTEE
DAVID GRYSKA TRUSTEE
DEANNA R. ADOLPH SECRETARY
ROBERT OPPENHEIM TRUSTEE
KURT GRASING TRUSTEE
JUDY PROFETA TRUSTEE
SALLY REED TRUSTEE
DAVID PARKER CHAIRMAN
ELECE LEVERONE VICE CHAIRMAN
SUE MCCLOUD TRUSTEE
LISA BOARDMAN KOHRS TREASURER
KEN WHITE TRUSTEE
KATHLEEN BANG TRUSTEE

Scc Rrf 2013

SCC Annual Registration Renewal Fee Report (2013)

HIGHLIGHTS:
(7/01/12 ending 6/30/13)
Gross annual revenue $2,231,049. Total assets $1,135,960.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

Sunset Cultural Center Inc. (SCC) IRS Form 990 (2012) & Annual Registration Renewal Fee Report (2012)

ABSTRACT: Sunset Cultural Center Inc. (SCC) IRS Form 990 (2012) and Annual Registration Renewal Fee Report (2012) document copies are embedded. HIGHLIGHTS, including executive director and compensation, total revenue, total expenses, total assets, total liabilities, city government subsidy and Officers and Trustees, are presented.

Scc Irs Form 990 2012

SCC IRS Form 990 (2012)

HIGHLIGHTS:
CHRISTINE FLETCHER EXECUTIVE DIRECTOR
Reportable compensation from the organization $91,385.
Estimated amount of other compensation from the organization and related organizations $6,500.
Total revenue $2,524,247.
Total expenses $2,134,795.
Total assets: $1,235,225.
Total liabilities $310,539.
Government grants (contributions) $750,000.

MARY GIFFORD TRUSTEE
GERALD ROSE TRUSTEE
DEANNA R. ADOLPH SECRETARY
ROBERT OPPENHEIM TRUSTEE
KURT GRASING TRUSTEE
JUDY PROFETA TRUSTEE
SALLY REED TREASURER
DAVID PARKER CHAIRMAN
ELECE LEVERONE VICE CHAIRMAN
LISA BOARDMAN KOHRS TRUSTEE
KATHLEEN BANG TRUSTEE

Scc Rrf 2012

SCC Annual Registration Renewal Fee Report (2012)

HIGHLIGHTS:
(7/01/11 ending 6/30/12)
Gross annual revenue $2,524,247. Total assets $1,235,225.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

Sunset Cultural Center Inc. (SCC) IRS Form 990 (2011) & Annual Registration Renewal Fee Report (2011)

ABSTRACT: Sunset Cultural Center Inc. (SCC) IRS Form 990 (2011) and Annual Registration Renewal Fee Report (2011) document copies are embedded. HIGHLIGHTS, including executive director and compensation, total revenue, total expenses, total assets, total liabilities, city government subsidy and Officers and Trustees, are presented.

Scc Irs Form 990 2011

SCC IRS Form 990 (2011)

HIGHLIGHTS:
PETER LESNIK, EXECUTIVE DIRECTOR
Reportable compensation from the organization $135,000.
Estimated amount of other compensation from the organization and related organizations $10,000.
CHRISTINE SANDIN EXECUTIVE DIRECTOR
Reportable compensation from the organization $0
Estimated amount of other compensation from the organization and related organizations $0.
Total revenue $2,034,421.
Total expenses $2,166,268.
Total assets: $814,797.
Total liabilities $279,563.
Government grants (contributions) $650,000.

JAMES PRICE CHAIRMAN
GERALD ROSE TRUSTEE
DEANNA R. ADOLPH SECRETARY
ROBERT OPPENHEIM TRUSTEE
KURT GRASING TRUSTEE
JUDY PROFETA TRUSTEE
SALLY REED VICE CHAIR
DAVID PARKER TREASURER
ELECE LEVERONE TRUSTEE
MARY GIFFORD TRUSTEE
LISA BOARDMAN KOHRS TRUSTEE
MATTHEW A. LITTLE TRUSTEE
NICHOLAS M. PASCULLI TRUSTEE
MARA KERR TRUSTEE

Scc Rrf 2011

SCC Annual Registration Renewal Fee Report (2011)

HIGHLIGHTS:
(beginning 7/01/10 ending 6/30/11)
Gross annual revenue $2,034,421. Total assets $814,797.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

Sunset Cultural Center Inc. (SCC) IRS Form 990 (2010) & Annual Registration Renewal Fee Report (2010)

ABSTRACT: Sunset Cultural Center Inc. (SCC) IRS Form 990 (2010) and Annual Registration Renewal Fee Report (2010) document copies are embedded. HIGHLIGHTS, including executive director and compensation, total revenue, total expenses, total assets, total liabilities, city government subsidy and Officers and Trustees, are presented.

Scc Irs Form 990 2010 Final

SCC IRS Form 990 (2010)

HIGHLIGHTS:PETER LESNIK, EXECUTIVE DIRECTOR
Reportable compensation from the organization $134,850.
Estimated amount of other compensation from the organization and related organizations $10,000.
Total revenue $1,931,154.
Total expenses $1,943,350.
Total assets: $796,687.
Total liabilities $129,606
Government grants (contributions) $680,000

JAMES PRICE CHAIRMAN
GERALD ROSE TRUSTEE
DEANNA R. ADOLPH SECRETARY
ROBERT OPPENHEIM TRUSTEE
KURT GRASING TRUSTEE
JUDY PROFETA TRUSTEE
SALLY REED TRUSTEE
DAVID PARKER TREASURER
RON WORMSER TRUSTEE
KEN BENDER TRUSTEE
MARA KERR TRUSTEE

Scc Rrf 2010 by L. A. Paterson on Scribd

SCC Annual Registration Renewal Fee Report (2010)

HIGHLIGHTS:
7/01/09 ending 6/30/10
Gross annual revenue $1,931,154. Total assets $796,687.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

Sunset Cultural Center Ins. (SCC) Founding Documents

ABSTRACT: Sunset Cultural Center Ins. (SCC) Founding Documents document copy is embedded. HIGHLIGHTS, including List of Trustees, Statement of Principal Activities and Statement of Funds Received, are presented.

SCC Founding Documents by L. A. Paterson on Scribd

Sunset Cultural Center Ins. (SCC) Founding Documents

HIGHLIGHTS:
Attachment 1 - List of Trustees
James Price, Chair- PO Box 958, Carmel CA 93921
Sarah Brown, Treasurer- PO Box 3194, Carmel CA 93921
Karen Kadushin, Secretary- 2924 Sloat Road, Pebble Beach CA 93953
Demi Briscoe - 324 Country Club Drive, Carmel Valley CA 93924
Michael McMahan- PO Box 221580, Carmel CA 93922
Fred O'Such- PO Box 1826, Carmel CA 93921
James Sanders - 26410 Carmela Street, Carmel CA 93923
Perry Walker- PO Box 1118, Carmel CA 93921

Attachment 2 - Statement of Principal Activities
The Sunset Cultural Center, a California non-profit public benefit corporation, ("SCC") was formed to operate and manage the Sunset Center, owned by the City of Carmel-by-the-Sea, California, ("City") for the benefit of the city, its residents and visitors, and the users of the center.

MANAGEMENT AGREEMENT
Among the important provisions of the management agreement are the following:
1. Responsibility for the entire Sunset Center is transferred to SCC on July 1, 2004, for an initial term of 3 years with additional options for future 3 year terms.
2. The city will continue to make up the shortfall between the full cost of operating the facility and the revenue generated from both the Performance Carmel series and rental to independent presenters.
3. Effective July 1 the current interim director of the center and selected members of the current staff will become employees of SCC.
4. sec is required to prepare and submit to the city quarterly and annual statements, and the annual statements are to be audited by an independent CPA.
5. Each year the sec is required to prepare and submit to the city a detailed budget for the next 3 fiscal years.
6. The agreement sets detailed performance criteria and provides remedies in the event SCC fails to meet such criteria, including early termination of the agreement.
7. The agreement provides an annual enabling grant, payable quarterly, in amounts set forth in the contract. In addition the city is to provide an advance of working capital and certain startup funds to cover the expenses of the formation of the SCC and other expenses incurred in the transition.

ACTIVITIES OF THE SCC
The principal activities of the SCC include the following:
1. Recruiting and hiring an executive director and other staff to operate the theater.
2. Managing and overseeing the operation of the physical facilities of the Sunset Cultural Center, including maintenance and repairs.
3. Expanding the paid use of the center through aggressive marketing and advertising.
4. Scheduling and booking users of the 718 seat theater, including establishing rental rates, priorities for historical users, and providing technical support to the users.
5. Producing the Performance Carmel series, including hiring the talent and advertising and otherwise promoting the performances.
6. Providing the theater, for up to 10 days a year, for use at no charge by the Carmel Unified School District, and for up to 5 days by the City of Carmel-by-the-Sea.
7. Providing meeting rooms to the City of Carmel-by-the-Sea at no charge, and to other community and cultural groups for a fee based on the SCC's out-of-pocket costs.
8. Managing the leasing of office space to the Bach Festival and Monterey Symphony and others.
9. Developing a central box office for all user groups.
10. Developing a website for the center.

Attachment 4(a) - Statement of Funds Received
At the formation of Sunset Cultural Center, Inc. in October of 2003, each of the then nine incumbent trustees contributed $100 to the sec to finance the incorporation.

The first significant assets received were a $105,000 start up grant and a $120,000 working capital loan provided by the City of Carmel-by-the-Sea on June 15, 2004.

SOURCE: State of California Department of Justice
Office of the Attorney General
Kamala D. Harris, Attorney General

Full Name: SUNSET CULTURAL CENTER
Type: Public Benefit
FEIN: 522404864
Corporate or Organization Number: 2554779

California State Historical Resources Commission Agenda, July 29, 2016: CONSENT CALENDAR National Register of Historic Places, New Nominations, Mrs. Clinton Walker House Carmel-by-the-Sea, Monterey County

ABSTRACT: On Friday, July 29, 2016, the California State Historical Resources Commission is scheduled to consider 10 nominations for federal historic designation and one nomination for state historic designation, including the Clinton Walker House, Carmel-by-the-Sea, Monterey County. The National Register of Historic Places Registration Form (Historic name: Walker, Mrs. Clinton, House), News Release  California State Historical Resources Commission To Consider Eleven Properties for Action and  REGULAR QUARTERLY MEETING OF THE STATE HISTORICAL RESOURCES COMMISSION AGENDA, Friday, July 29, 2016, document copies are embedded. 

SHRC Meeting Minutes
2016 Minutes

Ca_monterey County_mrs. Clinton Walker House by L. A. Paterson on Scribd

National Register of Historic Places Registration Form

Name of Property

Historic name: Walker, Mrs. Clinton, House

RLS SHRC for 7.29.16 Meeting by L. A. Paterson on Scribd

News Release

California State Historical Resources Commission To Consider Eleven Properties for Action

SACRAMENTO, Calif.—The California State Historical Resources Commission is scheduled to consider 10 nominations for federal historic designation and one nomination for state historic designation. Nominations and photographs of properties under consideration are available at www.ohp.parks.ca.gov/pending.

The Commission will meet Friday, July 29, 2016, at 9:00 a.m. at the Woodland Opera House, 340 2nd Street, Woodland, California.

National Register of Historic Places nominations scheduled for action include:

 Walker House, Carmel-by-the-Sea, Monterey County

On a rocky promontory overlooking Carmel Bay, the only Usonian design house completed by Frank Lloyd Wright in a coastal environment. Usonian design elements include the use of natural and local materials, the construction of the building based on a modular unit, and the prioritization of nature by the integration of interior and exterior spaces opening out to views of the surrounding landscape.

State Historical Resources Commission July 2016 Meeting Agenda Final by L. A. Paterson on Scribd

STATE OF CALIFORNIA – THE NATURAL RESOURCES AGENCY

OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION

REGULAR QUARTERLY MEETING OF THE STATE HISTORICAL RESOURCES COMMISSION AGENDA

DATE: Friday, July 29, 2016

X. CONSENT CALENDAR*

A. National Register of Historic Places, New Nominations

3. Mrs. Clinton Walker House

Carmel-by-the-Sea, Monterey County

Local Level of Significance; Criterion C

REFERENCE:

U.S. Department of the Interior, National Park Service

II. NATIONAL REGISTER CRITERIA FOR EVALUATION Criteria for Evaluation The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A. That are associated with events that have made a significant contribution to the broad patterns of our history; or B. That are associated with the lives of significant persons in our past; or C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded or may be likely to yield, information important in history or prehistory.

Three Noteworthy 1 August 2016 Work Study Session Agenda Items

ABSTRACT: Three Noteworthy 1 August 2016 Work Study Session Agenda Items, namely CLOSED SESSION, PUBLIC APPEARANCES and Provide Direction on the Cost of Services Study and Adjustments to Existing Fees, are featured. Agenda and Agenda Bill document copies are embedded.

AGENDA Special Meeting 08-01-16

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
WORK STUDY SESSION
MONDAY, AUGUST 1, 2016
CLOSED SESSION 3:00PM
OPEN SESSION 4:30PM

CALL TO ORDER AND ROLL CALL

CLOSED SESSION (Beginning at 3:00PM)

A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: General Employees, Police, Ambulance

B. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Pursuant to subdivision (b) of Government Code Section 54956.9: 1 cases Order Instituting Investigation and Order to Show Cause on the Commission's Own Motion into the Operations and Practices of Pacific Gas and Electric Company with respect to Facilities Records for its Natural Gas Distribution System Pipelines.
Investigation 14-11-008 (Filed November 20, 2014)

C. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(0)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey County Superior Court Case No. M132929

D. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(0)(1)
Name of Case: City of Carmel-by-the-Sea, Plaintiff v. Pacific Harvest Seafoods, Inc. - Monterey County Superior Court Case No. 15CV000014

E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(0)(1)
Name of Case: Simonelli v. City of Carmel-by-the-Sea, United States District Court Case No. C13-1250 LB

F. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 3 cases

PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the City Council. Matters not appearing on the City Council's agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.

ORDERS OF BUSINESS Orders of Business are agenda items that require City Council discussion, debate, direction to staff, and/or action.

1. AB 1158 Provide Direction on the Cost of Services Study and Adjustments to Existing Fees.

Cost of Services Study and Adjustments to Existing Fees 08-01-16

Provide Direction on the Cost of Services Study and Adjustments to Existing Fees.

Eight Noteworthy 2 August 2016 Regular Meeting Agenda Items

ABSTRACT: Seven Noteworthy 2 August 2016 Regular Meeting Agenda Items, including Centennial Committee Update, PUBLIC APPEARANCES, ANNOUNCEMENTS, Monthly Reports for June., Receive a detailed report from the Centennial Committee regarding the logistics of the Centennial parade, birthday luncheon and street dance; discuss City Council and City Board and Commission participation in the parade; and provide direction, Provide direction to the Planning Commission to study Municipal Code Title 17.14 (Commercial Zoning Districts) in order to evaluate if amendments should be made to require a Conditional Use Permit for certain land uses, Adoption of an Ordinance of the City Council of the City of Carmel-by-the-Sea amending chapters 17.08.040, 17.14.030, 17.64.190, 17.64.220, 17.68.040, of the Municipal Code in accordance with state housing law and Consideration of the adoption of an ordinance amending Sub-Section A. of Section 1.16.01 dealing with citing violations of the City's Municipal Code, are featured. Agenda Bills document copies are embedded.

AGENDA Regular Meeting 08-02-16

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
TUESDAY, AUGUST 2, 2016

CALL TO ORDER AND ROLL CALL

EXTRAORDINARY BUSINESS

A. Centennial Committee Update

PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the City Council. Matters not appearing on the City Council's agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.

ANNOUNCEMENTS Announcements from City Council Members (Council Members may ask a question for clarification, make an announcement or report on his or her activities), City Administrator, and/or the City Attorney.
A. Announcements from Closed Session
B. Announcements from City Council Members
C. Announcements from City Administrator
D. Announcements from City Attorney

CONSENT CALENDAR Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council or the public may ask that any items be considered individually for purposes of Council discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

3. Monthly Reports for June.
Monthly Reports 08-02-16 by L. A. Paterson on Scribd

Monthly Reports: Contracts with the City Administrator, Community Planning and Building Department Reports, Police, Fire, Ambulance, Beach Reports, Public Records Act Requests, Forester Report, and City Treasurer's Investment Report

ORDERS OF BUSINESS Orders of Business are agenda items that require City Council discussion, debate, direction to staff, and/or action.

8. AB 1163 Receive a detailed report from the Centennial Committee regarding the logistics of the Centennial parade, birthday luncheon and street dance; discuss City Council and City Board and Commission participation in the parade; and provide direction.
Centennial Committee 08-02-16

9. AB 1164 Provide direction to the Planning Commission to study Municipal Code Title 17.14 (Commercial Zoning Districts) in order to evaluate if amendments should be made to require a Conditional Use Permit for certain land uses.
Commercial Zoning Districts 08-02-16

PUBLIC HEARINGS
10. AB 1165 Adoption of an Ordinance of the City Council of the City of Carmel-by-the-Sea amending chapters 17.08.040, 17.14.030, 17.64.190, 17.64.220, 17.68.040, of the Municipal Code in accordance with state housing law.
State Housing Law 08-02-16

11. AB 1166 Consideration of the adoption of an ordinance amending Sub-Section A. of Section 1.16.01 dealing with citing violations of the City's Municipal Code.
Citing Violations of City's Municipal Code 08-02-16

Consideration of the adoption of an ordinance amending Sub-Section A. of Section 1.16.01 dealing with citing violations of the City's Municipal Code.

CITY COUNCIL: Draft Minutes of the Regular Meeting held June 7, 2016, Draft Minutes of the Special Meeting held July 11, 2016 & Draft Minutes of the Regular Meeting held July 12, 2016

Minutes 08-02-16

Draft Minutes of the Regular Meeting held June 7, 2016
Draft Minutes of the Special Meeting held July 11, 2016
Draft Minutes of the Regular Meeting held July 12, 2016

CALIFORNIA COASTAL COMMISSION, Mike Watson, Coastal Planner, Central Coast District Office, Correspondence dated July 27, 2016, to Richard Flower Subject: Your Appeal of the City of Carmel's Action on the Beach Fire Management Program: ‘The purpose of this letter is to inform you that you do not have standing to appeal in this case, and thus we cannot file your appeal. As a result, the City's CDP action on this project is now final.’

ABSTRACT: In response to Richard M. Flower’s appeal of the City of Carmel's approval of a coastal development permit (CDP) for the Beach Fire Management Program (City CDP application MP 15-100 RV01), Mike Watson, Coastal Planner, Central Coast District Office, sent a letter, dated July 27, 2016, to Richard Flower, stating, in part, “The purpose of this letter is to inform you that you do not have standing to appeal in this case, and thus we cannot file your appeal. As a result, the City's CDP action on this project is now final.”
“In order to appeal the City's decision, you must qualify as an "aggrieved person" under the Coastal Act (see Coastal Act Section 30801, attached). To qualify as an aggrieved person, you must have participated or made your views known as an individual in some manner during the City's local process (e.g., testify at a public hearing, submit a letter or email to the local government staff detailing your comments and concerns, etc.). In this case, although you edited an informational news brief on Carmel beach fires for the Carmel Residence Association newsletter, you did not participate in the City's local process (i.e., you did not make your concerns regarding the Beach Fire Management Program known to the local government) and you did not participate as an individual (i.e., the newsletter was drafted under the signature of the Carmel Residence Association not your individual signature), and thus, as an individual you do not qualify as an aggrieved person with standing to submit an appeal.” The letter document copy is embedded.

CCC Letter to Flowers Re Appeal Standing 7-27-16

CALIFORNIA COASTAL COMMISSION

Mike Watson, Coastal Planner, Central Coast District Office

July 27, 2016

Richard Flower

Subject: Your Appeal of the City of Carmel's Action on the Beach Fire Management Program

Two 10 August 2016 California Coastal Commission Agenda Items: City of Carmel-by-the-Sea LCP Amendment No. LCP-3-CML-16-0005-1 Part A (Affordable Housing Incentives) & Appeal No. A-3-CML-16-0057 (Henderson, Carmel-by-the-Sea)

ABSTRACT: Two 10 August 2016 California Coastal Commission Agenda Items, namely City of Carmel-by-the-Sea LCP Amendment No. LCP-3-CML-16-0005-1 Part A (Affordable Housing Incentives) and Appeal No. A-3-CML-16-0057 (Henderson, Carmel-by-the-Sea), are featured. Regarding City of Carmel-by-the-Sea LCP Amendment Number LCP-3-CML-16-0005-1-Part A (Carmel Affordable Housing Incentives), SUMMARY OF STAFF RECOMMENDATION is reproduced; the Staff Report document copy is embedded. And regarding Appeal No. A-3-CML-16-0057 (Henderson, Carmel-by-the-Sea), SUMMARY OF STAFF RECOMMENDATION is reproduced; the APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION & DE NOVO HEARING document copy is embedded.

California Coastal Commission

Draft Meeting Agenda
August 2016

Hilton Santa Cruz/Scotts Valley
6001 La Madrona Drive
Santa Cruz, CA 95060

Wednesday August 10, 2016 9:00 a.m.

CENTRAL COAST DISTRICT

15. LOCAL COASTAL PROGRAMS (LCPs).
See Agenda Categories 

a. City of Carmel-by-the-Sea LCP Amendment No. LCP-3-CML-16-0005-1 Part A (Affordable Housing Incentives)

Public hearing and action on request by City of Carmel-by-the-Sea to amend the Implementation Plan’s incentives for affordable housing, including by establishing new standards for density bonuses in areas with Core Commercial and Residential/Commercial land use designations, for "Bonus Density" allowances within the R-4 zoning district, and for "Floor Area Bonus" allowances for R-4 and Commercial zoning districts. (KK-SC)

City of Carmel-by-the-Sea LCP Amendment Number LCP-3-CML-16-0005-1-Part A (Carmel Affordable Housing Incentives)

SUMMARY OF STAFF RECOMMENDATION

The City of Carmel-by-the-Sea proposes to amend the Local Coastal Program’s (LCP) Implementation Plan (IP) by clarifying and adding to the incentives for the development of affordable housing. Specifically, the amendment modifies IP Section 17.64.190 by: (1) establishing new standards for granting Density Bonuses (as allowed by Government Code Section 65915); (2) clarifying that the IP’s “Bonus Density” incentives (a separate City program aimed at encouraging affordable housing construction) apply only to areas zoned multi-family residential (R-4) and when one of the existing standards specified in 17.64.190 is satisfied; and (3) specifying that affordable housing units produced pursuant to the Density Bonus, Bonus Density, or Floor Area Bonus incentives (another City program to encourage affordable housing) be administered by a City approved affordable housing agency. The amendment also adds definitions to “transitional housing” and “supportive housing”, and adds “Group Residential” as an allowable land use in the R-4 zone.

The LCP currently includes a series of policies and standards aimed at encouraging the creation of affordable housing, and offers a suite of incentives to do so. For example, the Land Use Plan (LUP) allows Density Bonuses of up to 35% above the otherwise LCP-specified density maximum in areas with Core Commercial and/or Residential/Commercial land use designations. The existing IP also includes a series of programs aimed at encouraging affordable housing, including “Floor Area Bonuses” for development within commercial and R-4 zoning districts that provide a specified amount of affordable housing (e.g., up to a five percent increase in floor area if 25% of the housing units are affordable to moderate income persons), and “Bonus Density” incentives of up to 44 units per acre (above the otherwise allowed 33 units per acre) specifically in R-4 zoning.

As set forth in the proposed amendment, Bonus Density is applicable only in the R-4 zoning district, and the findings in IP Section 17.64.190 have to be met, including that 20% of the units will be reserved for “lower-income households” (or 10% for “very-low income households” or 50% for “senior citizens”). For Density Bonus, the applicable findings of IP Section 17.64.190 have to be met, including: conformance with State Density Bonus Law and LCP policies (other than density); and restriction to Core Commercial and/or Residential/Commercial land use designations. Finally, affordable housing produced via any of the aforementioned incentives (Density Bonus, Bonus Density, or Floor Area Bonus) must be administered by a City-approved affordable housing agency. In essence, IP Section 17.64.190 serves as an implementing ordinance to ensure, in context of the LCP’s existing framework, that projects receiving incentives/modifications to development standards from the LCP’s numerous affordable housing incentives provide affordable housing in a clear, enforceable manner, while ensuring coastal resources are protected.

Commission staff has worked collaboratively and extensively with City staff to craft an amendment that incentivizes the construction of affordable housing within Carmel-by-the-Sea in a manner that clearly communicates the different incentives available to do so, and in a manner that respects and protects the City’s unique coastal resources. Therefore, staff recommends that the Commission find the proposed amendment consistent with and adequate to carry out the policies of the LUP, and that the Commission approve the amendment as submitted. The motion and resolution are found on page 4 below.

CCC w15a-8-2016

CALIFORNIA COASTAL COMMISSION

W15a

Prepared July 22, 2016 for August 10, 2016 Hearing

To: Commissioners and Interested Persons

From: Susan Craig, Central Coast District Manager

Kevin Kahn, Central Coast District Supervisor

Subject: City of Carmel-by-the-Sea LCP Amendment Number LCP-3-CML-16-0005-1-

Part A (Carmel Affordable Housing Incentives)

16. NEW APPEALS.

d. Appeal No. A-3-CML-16-0057 (Henderson, Carmel-by-the-Sea)
Appeal by Commissioners Shallenberger and Howell of decision by City of Carmel-by-the-Sea granting permit with conditions to Wellington Henderson Jr. for construction of 8-ft.-tall, 63-ft.-long upper bluff wall with faux bluff facing and drainage and landscaping improvements on bluffs fronting 26336 Scenic Rd., along Carmel Beach in Carmel-by-the-Sea, Monterey County. (MW-SC)

APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION & DE NOVO HEARING

Appeal Number: A-3-CML-16-0057

Applicant: Wellington S. Henderson, Jr.

Appellants: Commissioners Mary Shallenberger and Erik Howell

Local Decision: Approved by the City of Carmel-by-the-Sea Planning Commission on April 13, 2016 (City application number DS 15-158).

Project Location: On the bluffs at the south end of Carmel Beach fronting 26336 Scenic Road, Carmel-by-the-Sea, Monterey County (APNs 009-423-001 and 002).

Project Description: Construction of shoreline protective device designed as an eight-foot tall and 63-foot long upper bluff retaining wall with faux bluff facing and related drainage and landscaping improvements.

Staff Recommendation: Substantial Issue Exists; Denial

SUMMARY OF STAFF RECOMMENDATION

The City of Carmel-by-the-Sea approved a coastal development permit (CDP) to construct a shoreline protective device designed as an eight-foot tall and 63-foot long upper bluff retaining wall with faux bluff facing and related development (i.e., drainage and landscaping improvements) on the bluffs fronting a residential site at the south end of Carmel Beach. The site is the location of a circa 1948 Frank Lloyd Wright-designed house, which is a notable historical residence in the City of Carmel. The residence is sited on a bedrock outcrop at the south end of Carmel Beach and is highly visible from most vantages along the beach and the Scenic Road recreation trail. The City’s CDP decision was appealed to the Commission based on questions regarding potential inconsistencies with the LCP’s policies and standards for shoreline protective devices.

Staff recommends that the Commission find that the appeal raises a substantial issue and that the Commission take jurisdiction over the CDP application. Staff further recommends that the Commission deny a CDP for the proposed seawall at the site.

The LCP requires a three-step process to allow for shoreline protective devices: 1) identify an existing structure in danger from erosion; 2) identify a range of alternatives and select the least environmentally damaging alternative to abate the identified threat; and 3) mitigate for all coastal resource impacts caused by the selected shoreline protective device. However, the City’s approval did not adequately identify an existing structure in danger from erosion, did not analyze any alternatives, and did not identify and mitigate for all resultant coastal resource impacts caused by the approved project. For all these reasons, the City’s approval raises substantial LCP conformance issues.

On de novo review, the Applicant’s stated purpose of the project is to protect the residence’s driveway and driveway gate from potential bluff failure due to future erosion and storm events. The proposed upper bluff retaining wall would extend along the upper bluff face fronting the existing driveway and driveway entrance gate, which are both located roughly six-and-a-half feet from the bluff edge. The project’s own technical reports indicate that the underlying bedrock bluffs are eroding very slowly at this location, approximately 0.1 feet annually. At this rate, it would be roughly 65 years before the driveway and gate are undercut by erosion. Accordingly, an existing structure in danger from erosion has not been established in such a way as to allow for a shoreline protective device at this location,1 and thus the proposed project is inconsistent with LCP requirements in this regard and must be denied.

Furthermore, even if the existing driveway and gate were shown to be in danger from erosion, danger, including but not limited to relocation or partial removal of the driveway and gate, both options which appear feasible at this location. The Applicant did not provide and the City did not analyze any other alternatives to the upper bluff retaining wall, inconsistent with the LCP. Finally, even if danger were conclusively established, and even if the upper bluff retaining wall were conclusively shown to be the least environmentally damaging feasible alternative to address and abate the danger, the LCP requires that all attendant coastal resource impacts, including impacts to shoreline sand supply, be eliminated and, if the impacts are not able to be eliminated, mitigated. The City did not evaluate sand supply impacts that are likely to result from the upper bluff retaining wall, and did not identify any mitigation for impacts associated with the project. Thus, the proposed shoreline protective device is inconsistent with the LCP.

In short, the proposed project is inconsistent with LCP shoreline protective device policies and standards, primarily because there is no identified erosion threat to an existing structure that would warrant and allow for such shoreline protective device. Furthermore, even if danger were established, there has been no evaluation of alternatives, such as driveway relocation (which appears to be feasible at this location). And finally, even if the proposed development satisfied those first two LCP requirements, the project lacks avoidance and mitigation measures for attendant coastal resource impacts. For all of these reasons, the proposed project fails to ensure LCP conformance with LUP Policies P5-5 and P5-6, as well as with IP Sections 17.20.190(C) and (F), and therefore must be denied.

For these reasons, staff recommends that the Commission deny a CDP for the proposed project. The motions are found on page 5 below.

CCC w16d-8-2016

CALIFORNIA COASTAL COMMISSION

W16d

Appeal Filed: 5/19/2016

49th Day: Waived

Staff: Mike Watson - SC

Staff Report: 7/22/2016

Hearing Date: 8/10/2016

APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION & DE NOVO HEARING