Five Noteworthy City Council Agenda Items and Three Noteworthy Items Not on the 14 September 2010 City Council Agenda

ABSTRACT: Five noteworthy 14 September 2010 City Council Agenda Items, namely Receive report on the new CRFA Ambulance, Public Appearances, a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event, a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF) and an Appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration, and three noteworthy items not on the agenda, namely CalPERS Retirement Advisory Committee update, Perform a thorough review of the policies, actions and other decisions that led to the Miller lawsuit settlement and Discuss and set minimum requirements before the Council would actively consider an offer to lease, purchase, curatorship, or enter into a life estate agreement for Flanders Mansion, all three items submitted by City Council Member Jason Burnett, are presented. Excerpts from Agenda Item Summaries and Staff Reports are presented; Burnett’s Agenda Item Requests are reproduced with links to the documents on his web site.

AGENDA PACKET
Regular Meeting
Tuesday, September 14, 2010
4:30 p.m., Open Session

Live and Archived video streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

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

C. Announcements from City Administrator
1. Receive report on the new CRFA Ambulance.

VI. Public Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City that are not on today’s agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff or a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. 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. Always speak into the microphone, as the meeting is recorded. The City Council Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise City Clerk Heidi Burch as to which item you wish to comment on and the microphone will be brought to you.

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.

F. Consideration of a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Sunday, October 17, 2010.

Description: The Forest and Beach Commission requests co-sponsorship with the FOCF, an official city support group, of a Tree and Art event from 9:00 a.m. to 4:00 p.m. on Sunday, October 17, 2010, at the Sunset Center. The program outline is attached. City of Carme-lby-the-Sea Support Group Policy C89-47 requires a City Council Resolution to authorize co-sponsorship of any event with an official support group.

Overall Cost:
City Funds: Not to exceed $1,000 - from Council Discretionary Fund #01-60207 for event costs. Event costs will be shared with the FOCF.

Staff Recommendation: Adopt the Resolution.

Important Considerations: At its August meeting, the Forest and Beach Commission unanimously approved a recommendation that the City Council approve co-sponsorship of this event with the FOCF. City sponsorship of this event supports recognition as a Tree City USA and allows the Forest and Beach Commission to perform one of its identified duties under Municipal Code Chapter 2.32.060(D): To provide publicity in regard to the problems of the urban forest, including a public information program concerning care of forest resources, and including cooperation with school programs on conservation and the like.

Decision Record: Council has approved similar Resolutions for co-sponsored events with the FOCF.

A Tree and Art Event Presented by the City of Carmel-by-the-Sea and the Friends of Carmel Forest
“The Iconic Trees of Carmel - Monterey Pine, Monterey Cypress”
Sunday, October 17 2:00 - 4:30 p.m.
Event program (12 noon art and photo viewing begins)
Carpenter Hall, Sunset Center

Program:
Opening remarks by Forest and Beach Chair Joe Ford, who introduces City Forester Mike Branson, the Forest and Beach Commissioners and any other officials present (Council, Planning, former mayors, etc.). Joe Ford introduces Clayton Anderson, President of Friends of Carmel Forest.

Clayton Anderson introduces the board of FOCF, tells about the mission of the organization and invites guests to pick up interesting “Forest Facts” information available on table at entrance. He also will invite guests to take gift packets of Friends of Carmel Forest note cards home with them.

Presentation of awards for best photograph and best painting by Joe Ford.

Forest and Beach Commissioner Tom Leverone presents a synopsis of the Carmel Forest Management Plan so attendees can better understand how the City maintains our forest.

Guest Speaker: Jim Rieser, James J. Rieser Fine Art, speaking on trees artists love to paint and photograph.

Conclusion and thanks by Joe Ford.

I. Consideration of a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF).

Description: This project involves work on storm drains and intersections in the City of Carmel intended to improve drainage and prevent uncontrolled runoff into Carmel Bay, an Area of Special Biological Significance (ASBS), and the Monterey Bay National Marine Sanctuary. The City’s storm drain system is in need of repair/replacement to prevent the discharge of pollutants into adjacent soil and groundwater, uncontrolled water runoff, and downstream flooding. With these CWSRF funds, the City can replace deteriorating storm drains, relocate manholes and pipes to public land to improve access and maintenance, and reconstruct two intersections to direct water into storm drains.

Overall Cost:
City Funds: N/A
Grant Funds: $715,000

Staff Recommendation: Adopt the Resolution.

Important Considerations: The project will replace aging storm drain pipes, relocate pipes and manholes to public land to improve access and maintenance, and reconstruct two intersections to direct runoff into the storm drains.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

B. Consideration of an appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration. The Carmel Sands Lodge is located on the northeast corner of San Carlos Street and Fifth Avenue. The appellant is Barbara Livingston.

Description: The project consists of the demolition of the existing 42-room Carmel Sands Lodge and the construction of a new 42-room hotel that includes a 64-space underground garage, a restaurant, a day spa and two retail spaces. The appellant is requesting that the Council overturn the Planning Commission’s decision to approve the project and is requesting that an Environmental Impact Report be prepared for the project.

Staff Recommendation: Deny the appeal and uphold the Planning Commission’s decision.

Important Considerations: The California Environmental Quality Act (CEQA) requires that a lead agency prepare an Initial Study for all projects that are not categorically or statutorily exempt. An Initial Study is prepared to determine if a project may have a significant effect on the environment.

The City prepared an Initial Study for this project and determined that all potentially significant environmental impacts could be mitigated. The Planning Commission, therefore, adopted a Mitigated Negative Declaration for the project.

Decision Record: The Planning Commission approved the project and adopted a Mitigated Negative Declaration on 14 July 2010. An appeal was filed on 27 July 2010.


The Carmel Sands Lodge is located at the northwest corner of San Carlos Street and Fifth Avenue in the Service Commercial (SC) District. The lodge consists of 42 guest rooms and a 120-seat restaurant in three buildings. The site also includes a large surface parking lot and a swimming pool.

PROJECT DESCRIPTION
The applicant is proposing to demolish the existing buildings on-site and construct a new hotel. The redevelopment will include the following features:
• 42 hotel rooms in four buildings
• Intra-block walkway and interior courtyard
• Two retail spaces
• Limited use restaurant
• 64-space underground garage
• Day spa facility
• A Porte Cochere vehicle entrance on San Carlos Street

APPEAL
The appellant is requesting that the City Council overturn the PC’s decision to approve the project and adopt a Mitigated Negative Declaration based on two points, 1) an EIR should have been prepared, and 2) the project has significant drawbacks.

OPTIONS
The following are potential options for the Council to consider regarding this appeal:

Option 1: Deny the appeal
This option would uphold the Planning Commission’s decision to approve the project and adopt a MND.

Option 2: Grant the appeal
This option would void the Planning Commission’s approval of the project and would require the preparation of an EIR before taking further action on the project.

Option 3: Grant the appeal in part
If the Council determines that an EIR is not required, but would like to see changes in the project design and/or additional information in the MND prior to final approval, this option could be selected. The Council could remand the project back to the Planning Commission with directions.

Option 4: Continue Consideration of the Appeal to a Future Date
This option would allow the City Council to request additional information prior to making a final decision on the appeal.

RECOMMENDATION
Deny the appeal and uphold the Planning Commission’s decision to approve the Carmel Sand Redevelopment Project and to adopt a Mitigated Negative Declaration.


MAYOR OR CITY COUNCIL
AGENDA ITEM REQUEST

TO: City Administrator

FROM: Jason Burnett

DATE: August 9, 2010 (revised August 17th, 2010)

The following item is requested to be put on an upcoming City Council agenda:

TOPIC: CalPERS Retirement Advisory Committee update

MEETING DATE REQUESTED: September 14th, 2010

REASONS FOR REQUEST: Council approved the creation of a CalPERS Retirement Advisory Committee at its June 8th 2010 meeting. At the Council’s request, I sent the City Administrator a number of questions that I thought the advisory committee might consider investigating. I also have put forward several names of candidates to serve on the committee. I believe that other council members have been polled to solicit their ideas as well.

I believe that this committee should be set up as soon as possible. If it is not set up by September 14th, I think the update should explain why. If it is set up by September 14th, I think the update should explain the members of the committee, their charge, and any other relevant information.

Every day that we wait is potentially costing the City and taxpayers in forgone opportunities. One of the items that I hope the committee looks into is the possibility of borrowing money at low rate and using it to pay off the CalPERS obligation, in essence the projected rate of 7.75%. In such a way we could save the difference in the interest rates. I don’t know what the size of the obligation is but it could well be in the $10 million range. If so, the interest rate differential would be worth a couple percentage points of $10 million (a couple hundred thousand dollars per year).

In addition, several of the other budget-related items that will be coming before the Council have CalPERS implications. It is important to make progress on CalPERS now so we can make progress on the other items.

SUGGESTED BACKUP DATE (if any): None.
c: Mayor, Council, and City Clerk (through City Administrator)

FILED PER COUNCIL POLICY C90-07


MAYOR OR CITY COUNCIL
AGENDA ITEM REQUEST

TO: City Administrator

FROM: Jason Burnett

DATE: 8/10/10

The following item is requested to be put on an upcoming City Council agenda:

TOPIC: Perform a thorough review of the policies, actions and other decisions that led to the Miller lawsuit settlement. Do we have the right internal policies and procedures in place? Were the policies and procedures followed? Was the right person or group of people put in charge of handling the original complaint and subsequent lawsuit? What actions should we take so this type of thing is less likely to occur again? What does this mean for the management of City Hall?

I believe the City Council should provide direction to the City Attorney regarding the types of questions that a review should include and whether we should have an internal or an external review.

MEETING DATE REQUESTED: September 14th, 2010 City Council Meeting

REASONS FOR REQUEST: To ensure we have the correct policies in place, and that these policies were followed, in order to avoid claims, lawsuits, and settlements in the future. The discussion about such a review should occur in open session and the results of such a review should be presented, debated, and acted upon in open session.

SUGGESTED BACKUP DATE (if any):

c: Mayor and Council

City Clerk

FILED PER COUNCIL POLICY C90-07


MAYOR OR CITY COUNCIL
AGENDA ITEM REQUEST

TO: City Administrator

FROM: Jason Burnett

DATE: August 17th, 2010

The following item is requested to be put on an upcoming City Council agenda:

TOPIC: Discuss and set minimum requirements before the Council would actively consider an offer to lease, purchase, curatorship, or enter into a life estate agreement for Flanders Mansion.

MEETING DATE REQUESTED: September 14, 2010

REASONS FOR REQUEST: The Mayor created an ad hoc committee comprised of Ken Talmage and Karen Sharp to create a draft of such minimum requirements. The ad hoc committee was prepared to share its work during a closed session but the City Attorney and I observed that it would best to discuss this during open session. I would like an opportunity to review and discuss the work from the ad hoc committee and to add in some of the work that I have done researching the experience in the east coast (especially Maryland) involving curatorships. I have already provided some of my research and can provide additional research at any time.

The City Council has been approached by at least one individual and I have been approached by others who are interested in a curatorship arrangement. I think that we would benefit from having publically available minimum requirements that such individuals would need to meet so that we can focus our attention on offers that are serious and could result in a successful lease/sale/curatorship/life estate.

SUGGESTED BACKUP DATE (if any): October 5th, 2010

c: Mayor and Council and City Clerk (through City Administrator)

FILED PER COUNCIL POLICY C90—07