Showing posts with label Areas of Special Biological Significance. Show all posts
Showing posts with label Areas of Special Biological Significance. Show all posts

Friday, April 01, 2016

Nine Noteworthy 4 April 2016 City Council Special Meeting Agenda Items

ABSTRACT:  Nine Noteworthy 4 April 2016 City Council Special Meeting Agenda Items including CLOSED SESSION, PUBLIC APPEARANCES, Monthly Reports for the Month of February a. Contracts executed within the City Administrator’s Signing Authority b. Community Planning and Building Department Reports c. Police, Fire, Ambulance and Beach Reports d. Public Records Act Request Logs – City Clerk and Police e. Forester’s Report f. City Treasurer’s Report g. Forest Theater Report, Authorization of Agreement with Accela, Inc. for implementation of a financial system and a hosting agreement for a five year term for an amount not to exceed $199,500. Award a Construction Contract to Monterey Peninsula Engineering for the 2016 Street Project in a Total Amount Not to Exceed $1,121,938.00; Authorize a Budget Adjustment of $102,300 for the 2016 Street Project and Amend the Professional Services Agreement with Neill Engineers Corp. for an Amount Not to Exceed $67,200, Award a Construction Contract to Monterey Peninsula Engineering for the 2016 Sidewalk and Concrete Pavement Repair Project in an Amount Not to Exceed $95,160.00 and Authorize a Budget Transfer for an Amount Not to Exceed $33,500.00, Authorization of the City Administrator to enter into a new Areas of Special Biological Significance (ASBS)-Compliance Related Tolling Agreement with the State Water Resources Control Board (State Water Board) to extend the period of the Tolling Agreement until April 18, 2018, and authorization of a budget adjustment to cover the legal costs of the agreement preparation and execution, Consideration of proposed amendments to the Draft Forest Theater Use Agreement and ratification of the Forest Theater Use Agreement as amended by Council direction and Consideration of a request to authorize shared use of the Indoor Forest Theater by the Forest Theater Guild, Pacific Repertory Theater, and the 2016 Centennial Committee during the 2016 season and provide direction, are featured. Agenda Bills document copies are embedded.
SPECIAL JOINT MEETING
CITY COUNCIL AND BOARDS AND COMMISSIONS
MONDAY, April 4, 2016
TOUR OF INSPECTION – 3:00 P.M.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
MONDAY, April 4, 2016
CLOSED SESSION 4:30 P.M.
OPEN SESSION 5:30 P.M

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

CLOSED SESSION (Beginning at 4:30 P.M.)
1. LABOR NEGOTIATIONS
Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, Public Safety Director Mike Calhoun, to give direction regarding labor negotiations with ambulance personnel pursuant to subdivision (a) of Government Code Section 54957.6.
2. REAL PROPERTY NEGOTIATIONS
Pursuant to subdivision (a) of Government Code Section 54956.8.
Property: Sunset Cultural Center, San Carlos Avenue between 8th and 10th Avenues.
Negotiating parties: City Administrator Chip Rerig and the Sunset Cultural Center Board of Trustees.
Under Negotiation: (Lease) agreement negotiations concerning price and terms of payment.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, Plaintiff v. Pacific Harvest Seafoods, Inc. - Monterey County Superior Court Case No. 15CV000014
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 1 case

PUBLIC APPEARANCES
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. 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.

CONSENT AGENDA
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

7. Monthly Reports for the Month of February
a. Contracts executed within the City Administrator’s Signing Authority
b. Community Planning and Building Department Reports
c. Police, Fire, Ambulance and Beach Reports
d. Public Records Act Request Logs – City Clerk and Police
e. Forester’s Report
f. City Treasurer’s Report
g. Forest Theater Report
Monthly Reports 04-04-16


8. AB 1105 Authorization of Agreement with Accela, Inc. for implementation of a financial system and a hosting agreement for a five year term for an amount not to exceed $199,500.
Agreement With Accela, Inc. 04-04-16


11. AB 1108 Award a Construction Contract to Monterey Peninsula Engineering for the 2016 Street Project in a Total Amount Not to Exceed $1,121,938.00; Authorize a Budget Adjustment of $102,300 for the 2016 Street Project and Amend the Professional Services Agreement with Neill Engineers Corp. for an Amount Not to Exceed $67,200.
Monterey Peninsula Engineering and Neill Engineers 04-04-16


12. AB 1109 Award a Construction Contract to Monterey Peninsula Engineering for the 2016 Sidewalk and Concrete Pavement Repair Project in an Amount Not to Exceed $95,160.00 and Authorize a Budget Transfer for an Amount Not to Exceed $33,500.00.
Construction Contract to Monterey Peninsula Engineering 04-04-16


13. AB 1110 Authorization of the City Administrator to enter into a new Areas of Special Biological Significance (ASBS)-Compliance Related Tolling Agreement with the State Water Resources Control Board (State Water Board) to extend the period of the Tolling Agreement until April 18, 2018, and authorization of a budget adjustment to cover the legal costs of the agreement preparation and execution.
Tolling Agreement 04-04-16


ORDERS
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

16. AB 1113 Consideration of proposed amendments to the Draft Forest Theater Use Agreement and ratification of the Forest Theater Use Agreement as amended by Council direction.
Draft Forest Theater Use Agreement Amendments 04-04-16


17. AB 1114 Consideration of a request to authorize shared use of the Indoor Forest Theater by the Forest Theater Guild, Pacific Repertory Theater, and the 2016 Centennial Committee during the 2016 season and provide direction.
Shared Use of the Indoor Forest Theater 04-04-16
Consideration of a request to authorize shared use of the Indoor Forest Theater by the Forest Theater Guild, Pacific Repertory Theater, and the 2016 Centennial Committee during the 2016 season and provide direction.

Saturday, December 01, 2012

Six Noteworthy 4 December 2012 City Council Agenda Items

ABSTRACT: Six Noteworthy 4 December 2012 City Council Agenda Items, namely Announcements from Closed Session, Receive an update on the status of Measure D; provide direction to staff; and authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax, Review 2012 City Goals and key projects and discuss and review 2013 City Goals, Receive an update on the environmental review process; consider the process for potential lease of Flanders Mansion; provide direction to staff to initiate a process to retain the services of a real estate professional; authorize the City Administrator to enter into an agreement with a real estate professional and direct staff to return with options, Review Community Planning and Building Director job description and provide direction and Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement with the Monterey Regional Water Pollution Control Agency (MRWPCA) to manage the City’s ASBS Special Protections Water Quality Monitoring Program and authorizing a budget adjustment to cover the costs of the program, are presented. Supporting documents are embedded.


CITY OF CARMEL-BY-THE-SEA 

Regular Meeting 
Tuesday, December 4, 2012 
4:30 p.m., Open Session 

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



II. Roll Call

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


  1. Announcements from Closed Session
1. Public Employee Performance Evaluation - Government Code Section 54957. Title: City Attorney.

2. Public Employee Performance Evaluation - Government Code Section 54957. Title: City Administrator.

VIII. Orders of Council 

A. Receive an update on the status of Measure D; provide direction to staff; and authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax.


B. Review 2012 City Goals and key projects and discuss and review 2013 City Goals
City Goals and Key Projects December 2012


C. Receive an update on the environmental review process; consider the  process for potential lease of Flanders Mansion; provide direction to staff to initiate a process to retain the services of a real estate professional; authorize the City Administrator to enter into an agreement with a real  estate professional and direct staff to return with options.


D. Review Community Planning and Building Director job description and provide direction. 


E. Consideration of a Resolution authorizing the City Administrator to enter into a Memorandum of Agreement with the Monterey Regional Water Pollution Control Agency (MRWPCA) to manage the City’s ASBS Special Protections Water Quality Monitoring Program and authorizing a budget  adjustment to cover the costs of the program. 

Saturday, April 28, 2012

Four Noteworthy 1 May 2012 City Council Agenda Items

CARMEL-BY-THE-SEA CITY COUNCIL
MONDAY, APRIL 30, 2012, 5:30 P.M. – 6:30 P.M.
COUNCIL CHAMBERS
EAST SIDE MONTE VERDE STREET BETWEEN OCEAN & 7th AVENUES

ABSTRACT: Four Noteworthy 1 May 2012 City Council Agenda Items, namely Announcements from Closed Session, Resolution authorizing the City Administrator to amend an existing contract with Neill Engineering for services related to the City’s ASBS Dry Weather Diversion Grant, Provide direction regarding the placement of a 9/11 memorial on City property and Receive report and provide direction on future water supply, are presented.  Excerpts from Agenda Item Summaries and Staff Reports are provided; AMENDMENT NO. 2 TO CONTRACT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND NEILL ENGINEERS FOR SERVICES is embedded. 

CITY OF CARMEL-BY-THE-SEA
Regular Meeting
Tuesday, May 1, 2012
4:30 p.m., Open Session


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

II. Roll Call

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

A. Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Potential Litigation -- Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

3. Property Negotiations – Gov’t. Code Section 54956.8, Between City Administrator Jason Stilwell and Rick Stemple regarding the Flanders Property.

4. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding labor negotiations with the two bargaining units.

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.

E. Consideration of a Resolution authorizing the City Administrator  to amend an existing contract with Neill Engineering for services related to the City’s ASBS Dry Weather Diversion Grant.

Description: The proposed amendment would authorize Neill Engineering to provide engineering services consisting of field mapping, engineering design, preparation of project plans, specifications and bid documents for minor improvements to the City's storm drainage system as part of the ASBS Dry Weather Diversion Grant Program.

Overall Cost:
City Funds: N/ A
Grant Funds: Not to exceed $63,800

Staff Recommendation: Adopt the Resolution

Important Considerations: The City received a grant from the State Water Resources Control Board to implement a storm water diversion program that would eliminate dry weather discharges to Carmel Beach.  The City has analyzed its dry weather flows and has identified feasible measures for eliminating those flows. The proposed project would assist the City in implementing its grant and complying with applicable state storm water requirements.

Neill Engineering City's ASBS Dry Weather Amendment
AMENDMENT NO. 2 TO CONTRACT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND NEILL ENGINEERS FOR SERVICES

XI. Orders of Council

B. Provide direction regarding the placement of a 9/11 memorial on City property.

Description: The memorial consists of a piece of steel from the World Trade Center that would be mounted on a pedestal to create a small statue or monument in memory of all affected by the 9/11 tragedy.

Overall Cost:
City Funds: N/ A
Grant Funds: N/ A

Staff Recommendation: Provide policy direction.

Important Considerations: The Council should discuss whether it supports a 9/11 memorial statue on City property, and if so, potential locations for the memorial.

SUBJECT: PROVIDE DIRECTION REGARDING THE PLACEMENT OF A 9/11 MEMORIAL STATUE ON CITY PROPERTY

BACKGROUND & PROJECT DESCRIPTION

A group of Carmel citizens have obtained a piece of steel from the World Trade Center with the intention of displaying it as a 9/11 memorial in Carmel-by-the-Sea. The memorial is meant to be a tribute to the first responders, and all those affected by the tragedy of 9/11.

The steel was transported across the country from Carmel, NY to Carmel, CA. The steel was passed from first responder to first responder as it stopped in a number of large US cities to visit schools and firehouses along the way.

The purpose of this hearing is to determine if the Council supports placing the memorial on City property, and if so, to provide direction on potential locations. If the Council determines that a memorial is appropriate, and provides direction on a location, the matter could then be referred to the Planning Commission for the design review aspects of the project.

Some potential locations the Council could consider include, but are not limited to:

• In the gardens in front of the Police Station.
• Inside the Fire Station.
• Devendorf Park
• First Murphy Park (possibly on the viewing platform)
• Piccadilly Park

RECOMMENDATION
Provide direction.


Hello Sean,

Thank you for taking time to chat regarding the "Resolve & Remembrance" memorial for Carmel. I am looking forward to working with the city and it's new City Council members as well as moving into the new phase of the memorial, where to place it, the design and sculpture contest.

We have so many volunteers and anxious citizens that want to help on the project. I look forward to hearing how the city wishes to work together.

If you can follow through with my request to be placed on the May's agenda so we can begin a simple dialog on,
a. location (s)
b. design & review process

Thank you. Please do not hesitate to call me or have "anyone" contact me if they have questions -or are any questions as there was much written and spoken that were not my words. I happily look forward to the process with my city and engage any and all suggestions. I just have to keep my promise therefore, my focus to see this through until completion/ unveiling.

I will await your confirmation so that we can begin working on our presentation of materials you may require for said meeting in May.

Sincerely,
CarrieAnn
(831) 224-2246

C. Receive report and provide direction on future water supply.

ADDENDUM:
The next meetings of the City Council:
Special City Council Budget Meeting – 4:30 p.m.
Tuesday, May 17, 2012
Council Chambers

Special City Council Budget Meeting – 4:30 p.m.
Tuesday, May 24, 2012
Council Chambers

Council Workshop—5:30-6:30 p.m.
Monday, June 4, 2012
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, June 5, 2012
Council Chambers

Tuesday, March 08, 2011

‘MINUTES’ for Four Noteworthy 1 March 2011 City Council Agenda Items

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, March 1, 2011


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.

4. Receive update on the ASBS project.


Bob Jaques, Project Director for the ASBS Grant Project, presented the update. Last year, the City received approval of Proposition 84 grant funds for storm water diversion system design and construction to discontinue city discharges from stormwater outfall to Carmel Bay during the summer months. The grant is $2.5 million with the City’s share $125,000. The project is in three phases, including Planning, Design and Construction, over 2 - 3 years. For the diversion system, the least costly approach is gravity flow or pump diversion of flow into landscape area. Other approaches include mobile pumping and vacuum equipment and most costly alternative of permanent pumping stations. The rest of 2011 will be devoted to Planning (“Phase I”).


ASBS Final Recommended Funding List
AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM
RECOMMENDED FUNDING LIST

Courtesy of Mark Fong
Division of Financial Assistance
Project Management & Technical Support Unit


ASBS Grants
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2009-0007
APPROVING PROJECTS, AND AUTHORIZING ISSUANCE OF GRANTS FOR THE PROPOSITION 84 AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM

Courtesy of Mark Fong
Division of Financial Assistance
Project Management & Technical Support Unit


asbs_fp_wkshp_presentation
ASBS Grant Program Proposal Guidance Presentation (July 2008)

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

A. Consideration of the following two appeals filed by Old Mill Properties, LLC.:

1) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SE of Seventh Avenue on San Carlos Street.

2) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SW of Seventh Avenue on Mission Street.


Mayor McCloud announced the agenda item was “pulled” and “continued until the next meeting.”

IX. Ordinances
A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)
(Video 02:01:55 – 02:33:00)

Sean Conroy, Planning & Building Services Manager, presented the staff overview, including the Planning Commission’s recommended draft Ordinance, which includes a sunset date of June 30, 2013 unless otherwise authorized by the city council, Ordinance requirement limit of two chicken hens per residential property and staff recommendation to adopt Ordinance.

Council Member Sharp recommended changes including "cages not be visibly prominent from the public street" and "slaughtering of chickens shall not be permitted within the city limits."

Council Member Talmage expressed concern about visual impact of cages on neighbors and the City’s need to protect neighbors.

Council Member Hazdovac stated only fifteen permits allowed per two year period according to the Ordinance and case-by-case review and determinations.

Mayor Sue McCloud expressed desire for coops in backyards only, not front yards.

Anna Yateman addressed concerns of council members and advocated for a cage size greater than 30 sq. ft.

Mayor McCloud opened the meeting to public comment.

Resident Barbara Livingston expressed support for Ordinance and advocated for chicken runs.

Resident/property owner Carla Ramsey expressed concern about chickens out of enclosures, enclosures materials, and raccoons destroying enclosures and chickens and personal properties.

Anna Yateman stated that dogs and cats encourage raccoons more than chickens.

Mayor McCloud closed the meeting to public comment.

Council Member SHARP moved adoption of Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea adding “cages will not be visibly prominent from the public street,” “location will not create a public nuisance” and “slaughtering of chicken hens shall not be permitted within the city limits,” seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE
NOES: COUNCIL MEMBERS: McCLOUD
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

XI. Orders of Council
A. Approve amendments to City’s revised Harassment Prevention Policy.


Mayor McCloud announced the agenda item was “pulled” and “continued until the next meeting.”

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

C. Announcements from City Administrator.

2. Receive SCC report.


SCC Board Chairman Jim Price stated that SCC will present a business plan featuring use of Sunset Center for conferences, seminars, meetings and weddings, focusing on multi-day events. Price introduced SCC Board Members in the audience and the new SCC Managing Director Christine Sandin, a past marketing consultant for SCC for over 1 ½ years. Managing Director Christine Sandin stated her goal of being “very transparent” with regard to operations at Sunset Center and to keep the public better informed. SCC hired Jeff Burghardt, also the City’s marketing consultant, to conduct marketing research for SCC, focusing on the north end of Sunset Center, including meeting rooms, Carpenter Hall.

Sandin highlighted income pie chart showing City subsidy (enabling grant) represents 35% of total income, performance revenue and rental income represents 20%.

Sandin displayed chart: Annual Estimated Hotel Room Usage by Sunset Center
Total Room Nights Booked (January – December 2010): 1160
Estimated $21,414 in TOT revenue in 2010

Consultant Jeff Burghardt focused on group and wedding business plan. Burghardt claimed there was “citywide support for growing group and wedding business at Sunset Center.” He admitted there was “stiff competition” on the Monterey Peninsula, other “incredible group and wedding choices,” and strong “competitive sales and marketing.” He stated the need to market Carmel like “a resort;” “Carmel as a single brand” in order “to maximize sales.” Burghardt claimed Carmel is perfect for “boutiques.”

Business Problems
#1. Hotel group space is deeply discounted, or free, to generate profitable room revenue.
#2. Group business is highly competitive and demands top-of-the-line facilities and equipment.
#3. Multiple hotel contracts, versus a single contract, are less attractive to meeting planners and require an experienced group sales professional to book citywide business.
#4. Profit margins are very narrow on most ancillary services, including food and beverage.

Short-Term Recommendations
• Attract weddings and offsites immediately to utilize the attractive theater, lobby, patio and parking lot.

• Develop a competitive sales website, collateral resources and strategies for following through on all sales leads, including RFPs from the MCCVB.

• Spruce up the existing meeting spaces with paint, carpet, furniture and equipment to attract existing leads.

Long-Term Recommendations
• Modernize the entire meeting and conference facility to compete with top hotels and resorts.

• Refine the groups and wedding sales efforts to compete with top hotels and resorts.

• Develop a single-contract to attract meeting planners who manage citywide meetings and conferences.

Remodel & Furniture Proposal: Budget: $159,350
Essential Marketing: Budget: $30,000
Group Sales Professional (consultant): Budget; $10,000

Total Investment to be Raised (Total Budget): $199,350 (to remodel north end of Sunset Center)

SCC Chair Price stated that SCC is forming a preliminary advisory group to assist in raising funds to remodel north end of Sunset Center.

Sunday, February 27, 2011

Four Noteworthy 1 March 2011 City Council Agenda Items

UPDATE: (Tuesday, 1 March 2011)
RE: XI. Orders of Council
A. Approve amendments to City’s revised Harassment Prevention Policy.

Harassment Prevention Policy pulled from 1 March 2011 City Council Meeting.

ABSTRACT: Four Noteworthy 1 March 2011 City Council Agenda Items, namely Receive update on the ASBS project, Consideration of the following two appeals filed by Old Mill Properties, LLC.: 1) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SE of Seventh Avenue on San Carlos Street. 2) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SW of Seventh Avenue on Mission Street, Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea and Approve amendments to City’s revised Harassment Prevention Policy, are presented. Excerpts from Agenda Item Summaries and Staff Reports are provided.

AMENDED AGENDA PACKET
Regular Meeting
Tuesday, March 1, 2011

4:30 p.m., Open Session

Live & 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.

4. Receive update on the ASBS project.


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

A. Consideration of the following two appeals filed by Old Mill Properties, LLC.:
1) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SE of Seventh Avenue on San Carlos Street.
2) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SW of Seventh Avenue on Mission Street.


Description: The appellant is requesting that the Council overturn the Planning Commission’s decision to deny the two multi-family projects in the RC District.

Staff Recommendation: Grant the appeals.

Important Considerations: During the hearings several concerns were raised by the Commission about the projects. However, the primary point of debate centered on whether the applicant should be required to place the parking at the rear of the lots for both projects.

Decision Record: On 12 January 2011 both projects received a split 2-2 vote and were denied due to a lack of a motion for approval.

BACKGROUND & PROJECT DESCRIPTION
The applicant is proposing to develop two adjacent lots, each with a multi-family (twounit) residence. Both properties are located in the Residential and Limited Commercial (RC) District. One of the lots is located on San Carlos Street three southeast of Seventh Avenue and the other lot is located on Mission Street three southwest of Seventh Avenue. Both lots were previously developed with residences that have since been condemned and demolished.

The applicant is appealing the denial of both projects by the Planning Commission. This staff report addresses both projects but notes that the Council will need to make two separate motions to address the projects individually.

DR 10-24 San Carlos Street Project: The applicant is proposing to construct a 3,200 square foot Spanish style structure. The project includes a 2,371 square feet main residence, a 412 square foot apartment and a 417 square foot garage. The apartment is located on the lower level and has a separate entry as well as a kitchen and full bathroom. The project includes three parking spaces as required by code (see attachment “B” for more information).

The structure is clad with stucco siding, a clay tile roof and includes unclad wood windows. The front elevation presents an entry element, a balcony and single wood garage door. The garage door is located 22.5 feet from the street and is recessed behind the front carport. No variances are being proposed.

DR 10-25 Mission Street Project: The applicant is proposing to construct a 3,600 square foot structure. The project includes a 2,756 square foot main residence with a 410 square foot apartment. The apartment is located on the lower level and has a separate entry as well as a kitchen and full bathroom. The project includes three parking spaces as required by code (see attachment “B” for more information).

The proposed structure consists of a low pitched gable and hip roof design with wood rafter tails. The entire residence is clad with a stone veneer and includes wood doors and windows and a slate roof. The front façade presents an entry element and a two-car garage and carport to the street. No variances are being proposed.

Planning Commission Review: The Planning Commission reviewed these projects at four separate hearings (see attachment “C” for a hearing summary). Due to a conflict of interest, one commissioner was required to step down during the review process. On 12 January 2011 both projects received a split 2-2 vote and were denied due to a lack of a motion for approval.

Since there was no majority vote to approve or deny the projects, there are no formal Planning Commission findings that accompany these appeals. During the hearings several concerns were raised by the Commission including mass and scale, architectural design, landscaping and safety (see attachment “C”). However, the primary point of debate centered on whether the applicant should be required to place the parking at the rear of the lots for both projects.

BASIS FOR APPEAL
The property owner is appealing the project denials for the following reasons (see attachment “A” for more information):

• The proposed project is consistent with the Zoning Code and Commercial Design Guidelines.

• The determination that parking should be at the rear of the property is unfounded and cannot be tied to the Zoning Code or Design Guidelines.

• Parking in the back is an impractical notion that is too costly and would result in a financially disastrous project.

EVALUATION
This section of the staff report discusses the General Plan, Zoning Regulations and Design Guidelines that should be used by the City Council in its deliberation.

General Plan
The General Plan land use designation for this site is Commercial/Residential. Page 1-15 of the General Plan states:

“this area is intended to provide for a mix of residential dwellings and a limited range of office and service uses in scale with the character of the community. Less intense commercial uses and visitor accommodations are allowed in this area. Mixed-use developments of commercial and multi-family residential uses at a maximum density of thirty-three (33) units per acre are allowed. This area is also appropriate for public service uses.”

The General Plan envisions residential, limited commercial, public services and mixed use developments for this area. The traditional character of the RC district is quite eclectic and contains single-family residence, multi-family projects, mixed use projects, commercial projects and public services. The proposed use is consistent with the intent of the General Plan and the traditional character of the District.

There are several goals, objectives and policies in the Land Use Element of the General Plan that provide guidance on project design, which are summarized in Attachment “E”. Objective 01-11 was the focus of much of the Commission’s debate and encourages pedestrian-oriented commercial and multi-family districts that are integrated into the residential character of the community. The Commission was split on whether the proposed designs with two garage doors facing the street, rather than locating the parking at the rear of the site, were inconsistent with this objective.

Staff notes that there are challenges to placing parking at the rear of these sites, particularly for the San Carlos project. Both sites are narrow, steeply sloped, and include large significant trees that constrain the potential location of parking. Placing the parking at the rear would require sloped driveways. Sloped driveways often require tall retaining walls and expose more of the mass of a structure to the street, as well as presenting safety concerns due to the limited lines-of-sight when approaching the street. These challenges should be taken into consideration as well as the concerns raised by the Commission that placing the parking near the front of the site is not pedestrian friendly.

Zoning Regulations
The Zoning Designation for both properties is Residential and Limited Commercial (RC).

CMC Section 17.14.010.C states that the purpose of the RC District is:

“to provide an appropriate location for permanent and transient residential uses, service and office uses, and limited retail uses that do not adversely impact the residential neighborhood. This district is intended to provide a transition and buffer between the more intense activities in the CC and SC districts and the less intense activities in the R-1 and R-4 districts.”

CMC Section 17.14 establishes the range of permitted and conditional uses that are allowed in this district. Multi-family residential projects with a density between 0-22 acres are considered a permitted use by the Zoning Ordinance. CMC Section 17.68.030 defines a multi-family dwelling as:

“a building or group of buildings on a single building site that contains two or more dwellings, each with its own facilities for parking, living, sleeping, cooking and eating. This classification includes condominiums, townhouses, and apartments.”

The Zoning Code also encourages a mix of unit sizes to provide a wide range of housing opportunities. Staff concludes that both projects are consistent with the intent and the requirements of the RC District.

Design Guidelines: CMC Section 17.14.100 states that the “Basic standard of review in the commercial district is whether the project constitutes an improvement over existing conditions – not whether the project just meets minimum standards.” CMC 17.14.110 indicates that the Commercial Design Guidelines have been adopted to assist in the design review process and that “Proposed projects need not strictly comply with every Guideline to be approved but deviations should be minor and reasonably related to good design principles and site conditions.”

Attachment “F” includes a list of some of the relevant Commercial Design Guidelines that the Council should consider. In summary, the Guidelines encourage buildings to provide visual interest, complement the rhythms established by other buildings in the immediate vicinity and encourage building materials and colors to respect the traditions already established in the commercial district. Staff provides a brief response for each of the projects below.

San Carlos Street Project: The project provides visual interest and is consistent with the heights of other buildings between Seventh and Eighth Avenues on San Carlo Street. The structure is larger than the neighboring building to the south, however, the neighboring building is undersized compared to the other buildings in the vicinity.

With regards to materials, the applicant is proposing an off-white stucco siding, clay tile roofing and wood windows. Spanish style architecture with the proposed materials is traditionally used in the commercial district. The proposed color also respects the traditions and context of the commercial district.

Mission Street Project: For the project on Mission Street the applicant is proposing stone siding, a slate roof and wood windows. The proposed materials are natural and are consistently used throughout Carmel’s commercial and residential districts. The applicant is proposing to apply a stone veneer to the entire structure as opposed to being used on only the street façade.

Safety: The Carmel Police Department reviewed the plans and conducted a site visit in order to evaluate the safety of the proposed parking designs (see attachment “D”). The Police Department determined that there were no undue traffic and safety problems arising from the construction of either driveway as set forth in the plans.

Summary: The City Council should discuss the following questions:

• Are the projects consistent with the General Plan?
• Do the projects comply with the Zoning Requirements for the RC District?
• Are the projects consistent with the Commercial Design Guidelines?

RECOMMENDATION
Staff recommends that the Council make the following two motions:

1) Grant the appeal for DR 10-24 (San Carlos Street) and direct staff to prepare findings and conditions for approval.

2) Grant the appeal for DR 10-25 (Mission Street) and direct staff to prepare findings and conditions for approval.

IX. Ordinances
A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)


Description: The proposed ordinance would allow the keeping of up to two chicken hens per property in the R-1 District, under certain conditions.

Staff Recommendation: Adopt the Ordinance (1st reading).

Important Considerations: The City’s Municipal Code currently does not allow for the keeping of chickens. On 5 October 2010, the City Council heard a request to allow the keeping of chicken hens and directed staff to prepare a draft ordinance for review.

Decision Record: The Planning Commission recommended adoption of the attached ordinance on 26 January 2011.

BACKGROUND & DESCRIPTION
Carmel Municipal Code (CMC) Section 6 establishes the City’s regulations regarding animals. Section 6.08.120, originally adopted in 1969, states the following:

“It is unlawful, and is declared a nuisance, for any person or persons to keep or cause to be kept any swine or barnyard fowl whatsoever within the corporate limits of the City.”

On 5 October 2010 the City Council heard a request from a Carmel citizen to amend the municipal code to allow for the keeping of chickens. The Council agreed that the City should allow the keeping of chickens under certain conditions and directed staff to prepare a draft ordinance. The Planning Commission recommended adoption of the attached ordinance on 26 January 2011.

EVALUATION
The proposed ordinance establishes a limit of two chicken hens per property in the R-1 District only. The ordinance establishes nine requirements for the keeping of chickens. These are identified below followed by a brief response from staff.

a) No roosters are permitted.

Response: Not allowing roosters will limit the noise impacts that might otherwise occur.

b) All chicken hens must be kept and secured within an enclosure of metal chicken wire, or other suitable material as to prevent the escape of any hens. The enclosure shall be maintained in good repair and no chicken hen shall be allowed to run at large on public or private property. Chicken hens may be permitted outside of an enclosure on the applicant’s property only when attended.

Response: This condition addresses the concern that chickens could escape from private property onto neighboring properties or city parks and open space. This condition will also limit the potential for incidents with other wild animals such as raccoons.

c) No enclosure shall exceed 20 square feet in size and five (5) feet in height above grade.

Response: This requirement limits the size of hen enclosures to mitigate potential visual impacts on neighboring properties.

d) The enclosure shall comply with all applicable R-1 standards as defined in CMC Section 17.10 and no commercial uses are permitted.

Response: Some of the R-1 standards that would be applicable include setbacks and site coverage. R-1 setback standards would require an enclosure be at least three feet from any side and rear property line and 15 feet from the front property line on most sites. The Planning Commission discussed limiting structures to rear yards only, however, ultimately did not make that a requirement of the ordinance primarily because there may be lot and building configurations in the City that would preclude placement in a rear yard.

e) A Track 1 Design Study application shall be submitted to the Department of Community Planning and Building for approval of the location and design of the enclosure prior to installation. Upon receipt of an application, the City shall cause that a notice be provided by mail and by hand delivery to all properties within 100 feet of the site indicating that an application has been filed. A public hearing with the Planning Commission may be required if a concern is filed in writing within 10 business days of the date the notice is delivered.

Response: A Track 1 application would be required to ensure that an applicant complies with the rules of the ordinance, to review the design and placement of the chicken hen enclosure, and to allow the City to track the properties that have been approved to keep chicken hens. The Planning Commission added the noticing requirement to ensure that neighboring property owners were made aware of a proposal to keep chickens.

f) Animal excretion shall not be permitted to accumulate so as to become offensive to any neighboring property; and

g) Outdoor slaughtering of birds shall not be permitted.

Response: These requirements will help ensure that the keeping of chickens does not create negative impacts on neighboring properties.

h) Failure to comply with any of these requirements may result in the revocation of the permit to keep chicken hens.

Response: This requirement gives the city the ability to revoke the permit to keep chicken hens in the event that a property owner is unable to comply with the requirements of the ordinance.

i) This ordinance shall expire on 30 June 2013 unless otherwise authorized by the City Council. No more than 15 permits shall be issued within that time.

Response: The Planning Commission recommended a sunset date on the ordinance and the establishment of a maximum number of permits that could be issued before that time. The purpose is to allow the City to reevaluate the ordinance within approximately two years and determine whether it should be extended, revised or withdrawn.

SUMMARY
In summary the Council should answer the following questions:

1) Are the proposed requirements appropriate or should they be modified?

2) Are there other requirements that should be included?

RECOMMENDATION
Adopt the Ordinance (1st Reading).

XI. Orders of Council
A. Approve amendments to City’s revised Harassment Prevention Policy.


Item XI-A – Approve amendments to City’s revised Harassment Prevention Policy will be provided under separate cover.

Wednesday, September 15, 2010

‘MINUTES’ for Five Noteworthy 14 September 2010 City Council Agenda Items

“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, September 14, 2010


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.


Public Safety Director George Rawson introduced Dave Jedinick. Jednick presented a photo of the new Carmel Fire and Carmel Regional Fire Ambulance, a city vehicle for the JPA. The new ambulance allows for maximizing "fire and EMS capabilities." The Carmel Fire Department took deliver on August 20.

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 for 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.


Mayor McCloud opened the meeting to public comment.

Carl Iverson spoke about Carmel Heritage Society's Antique and Collectible Appraisal Day on Saturday, October 2 from 1:00 P.M. – 4:00 P.M., including six antiques expert appraisers at First Murphy House, Lincoln St. & 6th Av.

Skip Lloyd again advocated for an independent review of the personnel situation over the last eight years, including settlements and the review to be made public at completion. Lloyd presented a review of Jane Miller’s public court record, including five “similar elements” claims between 2003 to 2008. Until the review is conducted and made public, a “cloud of doubt will linger and the city will not be able to move on,” he stated.

Mayor McCloud closed the meeting to public comment.

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.

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).


Mayor McCloud opened and closed the meeting to public comment.

Council Member TALMAGE moved to approve the Consent Agenda Items A-L and N, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

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.


Mayor Sue McCloud announced at the beginning of the meeting that the agenda item was pulled by the Carmel Sands Lodge owner and will be continued to a future city council agenda.

Council Member HAZDOVAC moved to continue the agenda item to the October 2010 regular City Council meeting, seconded by Council Member SHARP, and carried by the following roll call vote:

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

CLARIFICATION: The Carmel Sands Project was pulled due to a resident informing the City that the international orange snow fencing was supposed to be in position delineating the ridge lines, heights, et cetera, of the project at least ten days in advance of the city council meeting. Since the snow fencing was not in position, the item had to be pulled and continued.

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

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

City Council Member Jason Burnett asked for information about why his three agenda item requests were not on the agenda and the grounds for not including them on the agenda, as requested. The mayor basically stated that she preferred to talk to him in private, not in public, about this matter. Mayor Sue McCloud cited short staffing and the persons responsible for placing items on the agenda as the mayor, vice mayor, city clerk and city administrator.

NOTE:
Carmel-by-the-Sea
Municipal Code

Chapter 2.08
CITY ADMINISTRATOR*
2.08.060 Powers and Duties.
E. Support of the City Council. The City Administrator shall be responsible to the City Council for the preparation of agendas, for the provision of all necessary clerical functions for the Council, and the maintenance of necessary records.

Sunday, September 12, 2010

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