Carmel Art Association Presents ANNUAL MINIATURE SHOW

 
Carmel Art Association
Carmel-by-the-Sea's Oldest Gallery
Location: W/s Dolores St. between 5th Av. & 6th Av. 
The Carmel Art Association: A Proud Heritage
“Since 1927, this historic Carmel gallery has been a showcase for the works of some of California's most renowned artists. Continuing that proud tradition today, the CAA features paintings and sculpture by over 120 of the area's most noted professional artists living on the Central Coast.”

The Carmel Art Association presents the Annual Miniature Show “featuring small paintings and miniatures in a variety of media and styles from the CAA artist membership.”
Holiday Open House and Opening reception, Saturday, December 2, 6 to 8 p.m.; November 30, 2006 – January 3, 2007.

Carmel Art Association History
• On August 8, 1927, Josephine Culbertson and Ida Johnson hosted a gathering of 19 Carmel artists at “Gray Gables,” their residence in Carmel-by-the-Sea. There, a Laguna Beach Art Association member spoke about establishing a local art association with the mission "to advance the knowledge of and interest in art, create a spirit of cooperation and fellowship between artists and the people.”

• In late 1927, a room in the Seven Art Building at Lincoln St. and Ocean Av. was rented as an exhibition space.

• In December 1927, the CAA hosted an exhibit of miniature paintings, “Thumbbox Sketches.”

• In 1933, the private studio of CAA member Ira Remson was purchased by the CAA members for their new home on the W/s Dolores St. between 5th Av. & 6th Av.

• On December 10, 1933, the CAA celebrated its annual “Thumb-box Sketch” Show.

• By 1939, an addition to the north side of the building was constructed; by April 1939, the new gallery was open.

• Improvements to the building have been made over time, including an addition along the south side, new kitchen and bathrooms, new lighting and a wheel chair lift for the handicapped.

• As William F. Stone, Jr., President, Carmel Art Association (2000 – 2002) wrote, Today's CAA still has the same ideals as it had in 1927: "for the purpose of stimulating art interest here and of enabling Monterey Peninsula artists to keep in closer touch with one another...to aid artists to sell their paintings and keep in touch with visitors who wish to buy their works."

The Carmel Art Association is Carmel-by-the-Sea’s oldest gallery; the gallery is located in a beautiful sculpture garden on the west side of Dolores Street between 5th & 6th. Hours are 10 A.M. to 5 P.M. daily; 831-624-6176

SCC Chairman Perry Walker: "...there's a lot we don't know yet."

 
Sunset Community And Cultural Center
Location: E/s San Carlos St. between 8th Av. & 10th Av. 
City Council Agenda
Regular Meeting
November 7, 2006

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

C. Announcements from City Administrator.

• Receive SCC annual audited financials for FY 05-06 and the first quarter financial report.

Perry Walker, Chairman, SCC Board, addressed Council after Sarah Brown, Vice-Chair, SCC presented the financials on Sunset Cultural Center, Inc., as follows:

“I just wanted to emphasis that we’re still in the learning curve. We’re, you know, this is our second year, we’re very proud of our clean audited financial statement. But, there’s a lot we don’t know yet. So we’re probing, you know, how many shows, performances, are realistic, when is the market saturated, what kinds of shows, how do we reach the targeted audience, our primary audience, how do we segment that out, and so it’s a work in progress. But I think we’ll all agree that our first 2 years out of the box, we’re very proud, we’re making progress and we’ll just continue to learn and go step-by-step.”

“I truly appreciate, on behalf of the Board, the support the Council gives us and the confidence that you have placed in us, we take it very seriously and we appreciate it even more.”

“Thank you very much.”

COMMENTS:

• Interesting to note that SCC Chairman Perry Walker voiced appreciation for the support of the Council, but didn’t mention the residents of Carmel-by-the-Sea; what is omitted is often more meaningful than what is articulated.

• “SCC is poised to launch exciting new programming at Sunset Center...To do this we need capital to underwrite risks and expenses. Accordingly, we plan to raise an Impresario Fund of at least $250,000 – and do it in the next 18 months.”

“We are looking for 25 individuals and couples to step forward and become members of the Producers’ Guild by making a one-time contribution of $10,000 to out Impresario Fund.” (Source: Sunset Center The Producers' Guild, http://www.sunsetcenter.org/produce.htm)

• Perhaps with the City’s declining subsidy over the first three year contract period between SCC, Inc. and the City of Carmel-by-the-Sea, the SCC Board of Trustees believes that the Impresario Fund is critical not only to honor their commitment to “new programming,” but essential to honor their commitment to Carmelites to decrease the city’s subsidy over time.

City Council Grants 9th & 10th Appeals of Historic Resources Board at 7 November 2006 Meeting

 
Resource Name: Caroline P. Webster House
Location: E/s Monte Verde St. between 7th Av. & 8th Av.
Distinction: 9th Appeal of Historic Resources Board Granted by City Council 
An updated list of all appeals of the Historic Resources Board’s decisions to the City Council; of a total 10 historic designation appeals to the City Council between May 2006 and November 2006, the City Council has granted all 10 appeals.

UPDATE: LIST OF HISTORIC RESOURCES BOARD APPEALS TO THE CITY COUNCIL
May 2006 – November 2006
(Name of Property Owner, Physical Location, Resource Name, APPEAL GRANTED or DENIED)

CITY COUNCIL 7 NOVEMBER 2006 MEETING
James and Marjorie Barrow
E/s Monte Verde St. between 7th & 8th Avenues
Resource Name: Caroline P. Webster House
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant's request to remove the property from the City's Inventory of Historic Resources on 21 August 2006.

James and Kathleen Smart
S/s 7th Av. between Forest Rd. and City Line
Resource Name: Mr. & Mrs. J. B. Lukes House
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant's request to remove the property from the City's Inventory of Historic Resources on 18 September 2006.

CITY COUNCIL 3 OCTOBER 2006 MEETING MINUTES
John Mandurrago/ Pacific Grove Land Company
S.E. Corner Dolores St. & 7th Av.
Resource Name: Palo Alto Savings and Loan Building
APPEAL GRANTED

Decision Record:
16 December 2005: Historic Resources Board votes to add the property to the Inventory.
20 December 2005: Project applicant files appeal to Council.
6 June 2006: City Council votes to grant the appeal pending review and adoption of findings.

CITY COUNCIL 12 SEPTEMBER 2006 MEETING MINUTES
Shatzi H. Joy
N.E. Corner Casanova & 9th Avenue
Resource Name: Herron Cottage & Tree House
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 17 April 2006.

Diane M. Sena
E/s Lincoln St. between 7th & 8th Avenues
Resource Name: Alice Meckenstock House
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 17 April 2006

CITY COUNCIL 8 AUGUST 2006 MEETING MINUTES
William Doolittle
E/s Casanova between 7th & 8th Avenues
Resource Name: Daniel T. Fiske House
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 19 June 2006.

CITY COUNCIL 11 JULY 2006 MEETING MINUTES
Doreen Silva Trust
W/s Carpenter bet. 3rd & 4th Avs.
Resource Name: DeSabla Horse Barn
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 20 March 2006.

Alfred Johnson
W/s San Antonio between ocean & 4th Avenue
Resource Name: E. M. White House #4
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 27 February 2006.

COUNCIL 6 JUNE 2006 MEETING MINUTES
Norman & Eleanor Moscow
W/s Camino Real bet. 11th & 12th
Resource Name: Wild Cottage
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 23 January 2006.

CITY COUNCIL 2 MAY 2006 MEETING MINUTES
David & Audrey Hall
W/s Carmelo bet. 11th & 12th Av.
Resource Name: E. P. Young Spec. House
APPEAL GRANTED

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 27 February 2006.

Everything is O.K...everything is fine?

 
"Flanders Mansion" 'NOT IN SERVICE' Fire Hydrant
Location: N/s Flanders Mansion/Lester Rowntree Arboretum Driveway, Hatton Rd. 
City Council Agenda
Regular Meeting
November 7, 2006

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

• Receive report on City’s Fire Hydrants.

A transcription of Fire Chief Andrew Miller’s report on City’s Fire Hydrants, as follows:

“Madame Mayor, Members of Council, again thank you for the opportunity to bring this issue to the Council. I know there’s been a lot of questions about the fire hydrants throughout the city. I must say that The Pine Cone did do an excellent job of kind of framing the issue about a month ago, when it came out, and I’ll just give you a quick update of where we’re at and some successes that we’ve made thus far."

"First and foremost, I really need to reassure everybody in the community that the Fire Protection System, the fire flow system in the city is in service and adequate enough for us to do our job. I think that’s the #1 message that I want to leave with everybody tonight. That everything is O.K. That even though maybe you have a bad hydrant in front of your house, that’s O.K. because we still have an ability to get the water to your house, where it needs to go…and I’m going to get into that a little bit when I talk about our contingency plans. I’m going to start with some positive outcomes and some solutions that we’ve come up with thus far. The Cal-Am engineering assessment has been completed and we do have an action plan in progress. Just today, my assistant chief, David Brown, and a member of Cal Am were out going and doing some testing in the northern end of town and after some troubleshooting, some simple things, just making sure that valves, extreme valves, were all the way open, going through the calculations again and testing, we were able to put 6 fire hydrants back into service today. That was a real positive move forward…We’re going to go out and do some more tomorrow, not guarantee that they are all going to come back miraculously because we do have some work ahead of us. We do have some deficiencies in the system."

"Our Contingency Plans that we have in place,...First of all, Carmel Fire Department personnel have been briefed and are continually updated on the fire hydrant issues. So basically what we do, is now that we’ve tested all the hydrants that are in the bad areas, in the bad areas there are some areas in town that have 4” lateral galvanized mains in the ground. They’re over 80 years old. What happens is they become corroded and restricts some fire flow. So what we’ve done is we’ve developed a series of maps for the city so our firefighters, before they respond to any call for a structure fire or a vegetation fire within the city, they can quickly brief the map, they’ve done the preplanning and because the fire hydrant placement in the city is so exceptional, basically there’s a fire hydrant in every corner, all they have to do is identify the hydrant that’s out of service and go to the next hydrant over which might, in most instances, be on the next corner or the next block."

"Another thing that we’ve done, our first-out engine, 7111, the 5” hose, the hose which we carry in the back, that we lay from the hydrant to the scene of the fire, we have increased that hose to 1200 ft., which gives us more than enough hose to reach any area of the city with an adequate fire hydrant."

"We also have Carmel Fire Department available as we request and we do have an agreement with them to have water tenders, which are basically big water tankers, and if we did get into a situation where we felt there was an issue and we couldn’t make the water delivery needed we can easily call for one of these water tenders to respond over to assist us and I don’t really even see that happening."

"I need to thank Cal Am for being very responsive and stepping up to the plate and helping us get a handle on this issue. Initially, we went out, we found some areas that we had concerns with, we brought those to Cal Am’s attention, they got their engineers out working on it, we got together with Cal Am personnel, did the final test, real comprehensive testing of the water flows of those certain areas, we really need to thank them for being such a great partner in this process."

"So what the final outcome is is in the areas that we do have fire hydrants that are out-of-service, we have a strategic plan with Cal Am and what we are doing to do next is to identify a priority. So some of the fixes are really simple. Some of the fixes might be as easy as moving a hydrant across the street where there is an adequate main. Those types of things those are no brainers and we’re going to start with those. The other ones that are more complex, like maybe replacing a water main, a little 4” main, what we’re going to do is to prioritize those. So in the first year, we’ll start concentrating on this area, the second year, this area, this is a long-term project though. And I don’t want to leave anybody with a false expectation that this is going to de done overnight."

"This is happening all over the nation. All communities are doing with infrastructure that’s under the ground, its sewers, its water mains, it’s all those things that we don’t see on a daily basis and usually we react to them when they are no longer adequate."

"So once again reassurance that everything is fine, we do have contingency plans in place, we are working proactively with Cal Am to mitigate the issues and that I am available as your Fire Chief, to answer any of your questions or the community’s questions. Contact me at the Fire Station or certainly your questions tonight I can answer."

After Fire Chief Andrew Millers Report on City’s Fire Hydrants, City Councilman Michael Cunningham asked about the number of fire hydrants. Miller answered that the total number of Fire Hydrants in Carmel-by-the-Sea is 194; and of 110 Fire Hydrants tested on 4” galvanized mains, 32 of 110 are “NOT IN SERVICE.”

COMMENTS:
“Everything is O.K...everything is fine...” (Andrew Miller, Carmel-by-the-Sea Fire Chief)

Carmelites are expected to believe that because contingency plans entail

a) 5” hose on first-out engine 7111 is now 1200’ long

b) Distant, to-be requested water tenders are available per agreement and

c) A “series of maps” identifying “NOT IN SERVICE” Fire Hydrants are at the Fire Station

“Everything is O.K...everything is fine!”

Erik Bethel’s 2004-2006 Carmel-by-the-Sea City Council Record

With the recent resignation of City Councilman Erik Bethel, the City Council must either appoint a City Council Member or decide to hold a special election to fill his vacant seat by December 30, 2006.

Calling it “an opportunity that only comes once in a lifetime,” Erik Bethel will move to Shanghai to assume the position of senior vice president of corporate finance for ChinaVest Merchant Bank. The merchant bank, established in 1983 by Robert Theleen, Chairman and Co-CEO, is based in Shanghai and is the oldest American venture capital firm in China. It is a “leading investment and development vehicle linking Chinese entrepreneurship with Western capital and partnership.” (For more information, copy and paste http://www.chinavest.com/) or click on post title above.)

On his two year tenure on the Carmel-by-the-Sea City Council, Erik Bethel cited several accomplishments, including balancing the budget and maintaining healthy surpluses, hiring an economic development manager, allowing live music in eating establishments, initiating the “Concours on the Avenue” and a gateway monument sign along Hwy 1.

Despite these accomplishments, it is disappointing that a young man with his background, (i.e. B.S. Economics and Political Science, U.S. Naval Academy, Annapolis, M.B.A. Finance, The Wharton School, University of Pennsylvania, and career experience with Morgan Stanley, J.P. Morgan Capital Partners, Granite Construction and establishing and operating his own private equity fund, Compass Point Capital Partners), did not apply his financial acumen to the city’s fiscal imbalances. Specifically, the structural budget imbalances of an $11,751,301 proposed FY 2006/07 budget, reserves of nearly $10 million and millions and millions of dollars in deferred maintenance, while only proposing $99,794 Capital Improvement Program for FY 2006/07.

Until the core fiscal imbalances of the City are addressed, other so-called achievements are merely changes at the edges.

Asphalt Triangular Pavement Replaced City Tree

 
Asphalt Triangular Pavement Replaced City Tree
Location: Dolores St. & 5th Av., S.W. Corner 
QUESTIONS:
What were the circumstances surrounding the removal of a City tree at the S.W. corner of Dolores St. & 5th Avenue?

Is the asphalt triangular pavement, in lieu of the planting of a replacement tree, in concordance with the spirit and letter of the City’s Local Coastal Program? Especially in the context of the following Local Coastal Program policies:

G5-5 Maintain and enhance the informality of streetscapes. (LUP)

O5-16 Remove or reduce unnecessary or excessive hardscape and other nonconforming encroachments on City parklands and within street rights-of-way to provide for and promote planting of trees and native vegetation.
(LUP)

P5-92 Look for opportunities to reduce or eliminate hardscape areas Citywide on public and private lands... (LUP)

O5-17 Use mini-parks and islands for planting trees, with an emphasis on native Monterey Pines, oaks, and other native vegetation. (LUP)

CONTEXT:
Recall two previous precedents:

1. While Clayton Anderson, President of Friends of Carmel Forest, was waiting for the “City” to notify him about planting a tree in what was the Post Office Bump-Out on 5th Avenue, the “City” unilaterally, without public hearings, removed the Bump-Out to provide one extra parking space on 5th Avenue.

2. At the 5 May 2005 Forest And Beach Commission meeting, during Public Appearances, Carmelite Barbara Livingston stated that she was unable to “get answers to some questions” she had, including:

“On San Carlos east side between 13 and 12th – the tree died and the bump out was paved over. The Public Works Director and the City Forester said a tree would be planted there. How can a tree be planted when the area has been paved over? Has it become a policy of the City that once bump out/safety planters are removed they will not be replaced or is the policy still in place to replace trees in these areas?"


Selected relevant excerpts from the City’s Local Coastal Program and Municipal Code regarding the City’s policies on trees, tree replacement, et cetera, as follows:

General Plan/Coastal Land Use Plan
COASTAL RESOURCE MANAGEMENT ELEMENT

Urbanized Forest, Parks and Open Spaces

Carmel's forest is an “urbanized” Monterey pine forest rather than an “urban” forest. “Urban” forests are planted after development and typically consist of single species, regularly spaced trees planted in a row between the sidewalk and the street. An “urbanized” forest exists before development and is characterized by its diversity in species, age and randomness in tree location resulting in meandering streets of varying width. (LUP)

To many, the “urbanized” forest is the character-defining feature that makes Carmel-by the-Sea so unique. The forest, along with the beach and ocean, is the City’s largest and most visible natural resource. Homes are nestled into the native Monterey pine and Coast Live oak on a grid of streets that yields to trees more than to engineering expediency. Upper canopy trees impart a distinctive ambiance and identity to the City. Lower canopy trees soften and provide screening of development. Together the mix of upper and lower canopy trees establishes a powerful sense of place. (LUP)

The City’s Forest, Parks and Beach Department has an ongoing program of replacing dead and diseased pines on public property...LUP)


Goals, Objectives and Policies
Urban Forests, Parks and Open Spaces

G5-3 Protect, conserve and enhance the unique natural beauty and irreplaceable natural resources of Carmel and its Sphere of Influence, including its biological resources, water resources, and scenic routes and corridors. (LUP)

P5-47 Continue Carmel's tree preservation program and encourage the use of indigenous or native plants. (LUP)

G5-4 Preserve and enhance the City's legacy of an urbanized forest of predominantly Monterey pine, coast live oak and Monterey Cypress. (LUP)

O5-11 Maintain, restore and enhance the upper and lower tree canopy of Carmel’s urbanized forest. (LUP)

P5-55 Implement adopted tree density policies for private and public property as appropriate to each site taking into consideration neighborhood characteristics and site constraints. (LUP)

P5-56 Establish and implement tree canopy policies for the commercial district. (LUP)

P5-57 Maintain a list of tree species that could qualify as indigenous upper and lower canopy trees, for the purposes of meeting tree density and replacement policies. (LUP)

P5-58 Maintain, restore and enhance a predominantly indigenous forest of native Monterey pines and coast live oaks. (LUP)

P5-63 Manage the tree-planting program to achieve an uneven-aged, healthy forest with particular emphasis on native Monterey pines and coast live oaks. (LUP)

G5-5 Maintain and enhance the informality of streetscapes. (LUP)

O5-16 Remove or reduce unnecessary or excessive hardscape and other
nonconforming encroachments on City parklands and within street rights-of-way to provide for and promote planting of trees and native vegetation.
(LUP)

P5-92 Look for opportunities to reduce or eliminate hardscape areas
Citywide on public and private lands...(LUP)

O5-17 Use mini-parks and islands for planting trees, with an emphasis on native Monterey Pines, oaks, and other native vegetation. (LUP)

P5-95 Recognize the City's narrow street paving, roadside vegetation and overarching canopy as important elements contributing to the streetscape, pedestrian circulation, traffic calming, community aesthetics and environmental enhancement. Identify character defining features of roadways and retain and enhance these features when planning and implementing street improvements, repairs and reconstructions. (LUP)


Carmel-by-the-Sea
Municipal Code
Chapter 17.48
TREES AND SHRUBS1
17.48.010 Purpose.
The City Council finds that in order to preserve windbreaks, reduce soil erosion, and preserve the natural beauty of the City’s urbanized forest, it is necessary to maintain the extent and health of the dominant Monterey Pine forest, along with other native tree species and adopts this chapter in the interest of public health and safety. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

(Source: Carmel-by-the-Sea California – Official City Website, http://www.ci.carmel.ca.us/)

CONCLUSION:
With at least three apparent violations of the intent of the City’s Local Coastal Program policies regarding Carmel-by-the-Sea’s “urbanized” forest, replacement trees, maintenance and enhancement of the city’s informal streetscape, is it the City of Carmel-by-the-Sea’s policy to unilaterally abrogate the city’s Local Coastal Program policies? Is our city at risk of losing Carmel-by-the-Sea’s “natural beauty” because of these city actions?

Cognitive Dysfunction Displayed In Fraudulent Analogy

City Council Agenda
Regular Meeting
November 7, 2006

XI. Orders of Council
A. Review issues related to the historic preservation program and provide policy direction.

Mayor Sue McCloud: “I would like to just put a caveat. In the world of art, there is a established pattern about the early works, late works, best works and I hate to see art be an expression that we put a cap on, you know, there has to be some latitude but it is and I agree that, you know, 100 Murphys, there has to be, one of your worst investments you can make in art is just to have, you know, to buy a Van Gogh, to have a Van Gogh, if it’s the poorest example, it’s really not probably the type of thing that you should be purchasing if you’re looking at it for an investment. So I think somewhere along the line we need to preserve the best, the best, and not make excuses of things that have some big adjustments made to them over a period, you know, a facelift that didn’t work, let’s put it that way. So, but I wouldn’t want to see us put numerical caps on it because we might discover something that later on tells us that really was a Frank Lloyd Wright house, we thought it was a Henry Hill, but it’s Frank Lloyd Wright.”

COMMENTS:

Another digressive, rambling monologue. Another fraudulent analogy. Another example of a Sue McCloud opinion not based in fact or reality.

Facts:
• Vincent van Gogh (1853-1890)

• van Gogh produced all of his work, some 864 paintings and 1340 drawings, sketches and watercolors, during the last ten years of his life.
(Source: http://www.vggallery.com/painting/main_az.htm)

• Since his death in 1890, van Gogh has been acknowledged as a pioneer of what came to be known as Expressionism and has had an enormous influence on 20th century art.

• “Like a consumer product, works of art are subject to the laws of the marketplace: prices are governed by the law of supply and demand, as with any other luxury good in high demand because of its rarity.”
(Reference: http://cybermuse.beaux-arts.ca/cybermuse/docs/htmldoc_3304_e.jsp)

• Record Prices for Vincent van Gogh’s Paintings, as follows:
1. Portrait of Dr. Gachet by Vincent van Gogh
Sold for $82.5 million on May 15, 1990 at Christie's, New York

2. Portrait de l'artiste sans barbe by Vincent van Gogh
Sold for $65 million on Nov 19, 1998 at Christie's, New York

3. A Wheatfield, with Cypresses by Vincent van Gogh
Sold for $57 million in 1993 in a private sale, via Steven Mazoh & Co., Inc., Rhinebeck, New York

4. Irises by Vincent van Gogh
Sold for $53.9 million on Nov 11, 1987 at Sotheby's, New York.

5. Peasant Woman Against a Background of Wheat by Vincent van Gogh
Sold for $47.5 million on Oct 7, 2005 by Stephen Wynn to Steven A. Cohen in a private sale via Acquavella Galleries Inc., New York

• Due to Vincent van Gogh’s “iconic” status, and only 864 extant paintings, by definition “rarities,” van Gogh paintings are some of the “world’s best known, most popular and most expensive pieces.”
(Source: http://en.wikipedia.org/wiki/Vincent_van_Gogh)

• “...one of your worst investments you can make in art is just to have, you know, to buy a Van Gogh, to have a Van Gogh, if it’s the poorest example, it’s really not probably the type of think that you should be purchasing if you’re looking at it for an investment.” (Mayor Sue McCloud)
Based on her opinion, it would not be in anyone’s interest to consult Mayor McCloud about van Gogh paintings, art as an investment, et cetera.

Mayoral Meddling Yields Dysfunctional Government

City Council Agenda
Regular Meeting
November 7, 2006

XI. Orders of Council
A. Review issues related to the historic preservation program and provide policy direction.

Mayor Sue McCloud: “On the Design Review...the Design Review Board is taking on more of what the Planning Commission had been doing and they are not in sync. I think that’s the problem that we need to work on is getting the Design Review Board and the Planning Commission not making different decisions on similar projects.”

COMMENTS:

As originally recommended, the Design Traditions Project had a sub-committee of the Planning Commission handle design review issues, in part to avoid Design Review decisions not being “in sync” with Planning Commission decisions. But, instead of adopting the Design Traditions Project recommendation, Mayor McCloud created an independent Design Review Board; but now, she admits the Design Review Board and the Planning Commission are not “in sync.”

Similarly, Mayor McCloud’s decision to create a Community Traffic Safety Commission, which she and City Council Members recently unanimously voted to terminate, substituting an Ad Hoc Traffic Committee, which will only meet on an “as needed basis depending on the number of traffic and safety issues that are submitted for review,” represents another of Mayor McCloud’s governance failures.

Simply put, Mayor McCloud meddles in government areas beyond her level of expertise, witnesses the dysfunctional results of her meddling, and then reverses the original meddlesome decision; Mayor McCloud redefining bad government downward!

Thodos AIA Architect on Svihus Subdivision Application: "Let's get some interest and some juice in our city!"

City Council Agenda
Regular Meeting
November 7, 2006

VIII. Public Hearings
Consideration of an appeal of the Planning Commission’s decision to deny a Subdivision Application to create a new building site located on the west side of Junipero between 10th and 11th Avenues. The appellant and property owner is Jeff Svihus.

Selected excerpts of the Agenda Item Summary, prepared by Assistant Planner Nathan Schmidt, as follows:

City Council
Agenda Item Summary

Name: Consideration of an appeal of the Planning Commission’s decision to deny a Subdivision Application to create a new building site located in the Single-Family Residential (R-1) District. The appellant and property owner is Jeff Svihus. The property is located on the west side of Junipero between 10th and 11th Avenues.

Description: The Planning Commission reviewed and denied an application for a Subdivision to create a new building site in the R-1 District. The applicant has appealed this denial to the City Council.

Staff Recommendation: Uphold the decision of the Planning Commission and deny the appeal.

Important Considerations: The Commission determined that the project’s irregular lot line and lot shape was not consistent with the neighborhood and General Plan Policy P1-31. The Commission acted in accordance with staff recommendation. The applicant recognizes the subdivision criteria but notes that the proposed lot line would allow most of an attractive home to be saved rather than being torn down.

Decision Record: On 13 September 2006, the Planning Commission denied the Subdivision Application. The applicant filed an appeal with the City Clerk on 15 September 2006.


After the presentation of the staff report, during the public comment period, John Thodos, Architect, addressed Council, as follows:

“The fact that, we clamor in this community for diversity, we clamor in this community for creativity and when somebody comes with an apple with a little different shape we all go a little bit nuts. This is an opportunity to do something interesting on the lot. If someone can build a home, and meet the setbacks, meet the height requirements and meet the guidelines and you have a creative, interesting home, isn’t that what we’re always talking about? And isn’t this an opportunity, I wish we had more of these situations, because they help develop people who start scratching the head and not come out with the same old bromide. They can’t come out with the old cliché, but they have to solve the problem in a new way, which can be an extraordinary contribution to what we consider the uniqueness of Carmel.”

“Don’t you love our streets? We have little hidden walkways that go through there, it’s not logical, they go nowhere, they dead end, but it’s those kinds of things that people who come to this community say it gives it its charm and it's that something extra that we have and I think we should be here to encourage that opportunity and to let an architect develop something that we all can be very proud of and would be new and interesting and still work within our guidelines. What’s the difficulty? 35' wide lot, for those of you who are familiar with the Tipton lot, it’s on a 30’ lot, came out just swell, I thought. So 35’ is really quite generous. So it’s a little bit U-shaped. So what. I’m sure it will come out something that won’t look like another 1000 others I keep seeing coming round here. So I fully support it. Let’s get some interest and some juice in our city!”

“Thank you.”

A motion was made to grant the appeal and reverse the decision of the Planning Commission with conditions, seconded, and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC,
ROSE & McCLOUD
NOES: NONE

COMMENTARY: On Brian Roseth's Staff Report, REVIEW ISSUES RELATED TO THE HISTORIC PRESERVATION PROGRAM & PROVIDE POLICY DIRECTION

Historic Preservation & Community Character
Meeting Date: 7 November 2006
Prepared by: Brian Roseth, Planning Services Manager
City Council
Agenda Item Summary

Name: Consideration of a request to review issues related to the Historic Preservation Program and to provide policy guidance.

Description: Staff is requesting policy guidance from the Council with regard to the Historic Preservation Program and the scope of the Context Statement update. No formal action should be taken.


COMMENTARY

The purpose of a Historic Context Statement is to provide qualified architectural historians a historical context for a survey of historic resources. A historic context, as defined by the National Register’s Guidelines for Local Surveys, “is a broad pattern of historical development in a community or its region, that may be represented by historic resources.” Hence, the historic context statement’s purpose is to assist qualified architectural historians in the assessment of historic resources by providing categories of significant periods of development within the city.

A historic context is usually the first survey task “as it provides an organizational framework of information that is based on a specific area, theme, and period of time. This framework is recommended as a way to organize information that is pertinent to survey results.”

Importantly, the NATIONAL REGISTER BULLETIN states, “Historic contexts are almost always refined, modified, added to, and elaborated on as the survey itself proceeds. At the point of planning the survey, it may be feasible to define them only in broad, general terms; sufficient flexibility should always be maintained to allow changes to take place as the survey progresses.” Ideally then, the “City” of Carmel-by-the-Sea should not view the Historic Context Statement as a statement to be micromanaged and narrowly defined by non-qualified historic preservation experts, namely, City Council Members, the City Administrator and the Planning Services Manager.

Note: A CONSULTANT SERVICES AGREEMENT between the City of Carmel-by-the-Sea and Archives & Architecture for the update of the City’s Historic Context Statement was prepared and ready to sign in June 2006.

(Reference:
NATIONAL REGISTER BULLETIN

GUIDELINES FOR LOCAL SURVEYS:
A BASIS FOR PRESERVATION PLANNING
U.S. Department of the Interior, National Park Service
National Register, History and Education
Chapter I: Planning the Survey

Elements of Survey Planning

What are historic contexts?, http://www.cr.nps.gov/nr/publications/bulletins/nrb24/chapter1.htm)

Poorly Managed Little RICH City

City Council Agenda
Regular Meeting
November 7, 2006

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

C. Announcements from City Administrator.

• Receive City’s annual audited financial statements for the fiscal year ended June 30, 2006.

CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
ANNUAL FINANCIAL REPORT
June 30, 2006

Nicholson & Olson
Certified Public Accountants
729 Sunrise Av, Suite 303
Roseville, CA. 95661

Independent Auditor’s Report
September 29, 2006

Financial Highlight:

“As of June 30, 2006, the City’s government funds (general fund and special revenue funds) had a combined fund balance of approximately $10 million, an increase of almost $1 million from the previous year. Of the total fund balance, $1.3 million was reserved; $5.4 million was designated for capital acquisitions and future expenditures; and $3 million was neither reserved nor designated.”
(Source: Nicholson & Olson, Certified Public Accountants, Independent Auditor’s Report, web page 5.)

The following, “As prepared by the Carmel-by-the-Sea Finance Department:”

CITY OF CARMEL-BY-THE-SEA
BALANCE SHEET
Government Funds
June 30, 2006

FUND BALANCES
Reserved for debt service:$627,309

Unreserved:
Designated: $5,359,692
Reserved: $552,884 (Parking)
Undesignated: $3,053,341

Total Fund Balances: $9,040,342 $552,884

TOTAL: $9,593,226.00

(Source: Financial Statements, CITY OF CARMEL-BY-THE-SEA, BALANCE SHEET, Government Funds, June 30, 2006, web page 17 of CITY OF CARMEL-BY-THE-SEA, California, Annual Financial Report, June 30, 2006.)

NOTES:
• GENERAL FUND:
Total Revenues: $12,273,173
Total Expenditures:$11,636,900
Excess of Revenues Over Expenditures: $636,273

• GOVERNMENT FUND BALANCES increased from approximately $8.8 million in Fiscal Year 2004/05 to over $9.7 million for Fiscal Year 2005/06.

(Reference: http://www.ci.carmel.ca.us/, Segment3QuarterlyReportNovember2006.pdf)

ANNOUNCEMENT: Harrison Memorial Library Director Margaret Pelikan Retires

Harrison Memorial Library
Location: Ocean Av. & Lincoln St., N.E. Corner 
As of 1 December 2006, Library Director Margaret Pelikan will officially retire from her position after 25 years as Harrison Memorial Library Director; her significant accomplishments include the establishment of the children’s library and a local history room at the Park Branch and the Carmel Public Library Foundation. Reference librarian, Janet Cubbage, will become Interim Director.

Comment: The immediate circumstances surrounding the "retirement” of Library Director Margaret Pelikan, that is, the Ralph Andersen and Associates “Library Study,” embody Mayor Sue McCloud’s and City Administrator Rich Guillen’s publicly articulated disrespect for Library Director Margaret Pelikan, her position as Library Director and the Harrison Memorial Library Board of Trustees. Moreover, formulating policy based on personal animosity is unprofessional and conduct unbecoming a mayor and city administrator. That said, Carmelites and patrons of Harrison Memorial Library and the Park Branch are the losers with the departure of Library Director Margaret Pelikan.


City Council Agenda
Regular Meeting
November 7, 2006

VII. Consent Calendar

E. Consideration of a Resolution entering into an agreement with Ralph
Andersen & Associates for the preparation of a City Library operations
study.

Selected excerpts from a 28 April 2006 letter written by Heather Renschler, Ralph Andersen & Associates, to City Administrator Rich Guillen:

“Hopefully, this will give you an outline that you can use in identifying exactly what you would like Ralph Andersen & Associates to accomplish with this project.”

“Of course, the study’s overall goal would be help the City achieve cost savings in its library operations, either by administrative consolidation with neighboring cities, obtaining financial support for the Youth Library from the County Library System, or some combination of these options.”


“Options.
With the development of the above information, the consultant would evaluate the previously mentioned options, including:

a. Administrative Consolidation with Neighboring Cities. The study would develop information that you would need in discussing possible administrative consolidation with neighboring cities. If needed and only if requested, the consultant could assist in preliminary talks with the other cities.

b. County Library Support of Youth Library. The study would provide information that could be used to assess whether or not it would be fruitful to discuss obtaining financial support from the County to support the operations of the existing Youth Library, if, in fact, much or most of its service benefits the unincorporated area.

c. Combination of Options. There may be a combination of the above options that might prove beneficial to the City."


“It is hoped that we can become engaged in this project during May. Some of the on-site work that may be necessary could be performed by John Goss during the week of June 5th, during which he will be attending the June 6th City Council meeting where the Business License Tax Ordinance revision will be considered.”

COMMENTS:

• Below are the pertinent listings of “current and recently completed executive recruitments conducted by Heather Renschler, Project Director.”

Carmel Foundation
• President/CEO

Carmel-by-the-Sea, California
• Community Development Director
• Interim General Manager, Sunset Theatre Center
• Police Chief
(Source: Ralph Andersen & Associates, www.ralphandersen.com)

• A delay of approximately 5 months from the time Ralph Andersen & Associates expected to begin work on the “Library Study” and the time of the City Council agenda item considering an agreement with Ralph Andersen & Associates.

• For Fiscal Year 2006/07, the City proposes to expend only $175,929 more for Harrison Memorial Library than Sunset Cultural Center, Inc. Yet, the Carmel libraries need to engage in cost saving measures while the SCC, Inc. receives all the dollars it asks for to manage the Sunset Center. For context, 100% of Carmelites use the libraries at a City expense of $888,929/year, while only 14% of ticket holders to Sunset Center events are Carmelites at a City subsidy of $713,000/year. Is this equitable City policy? Is this policy consistent the Carmel-by-the-Sea credo, “THE CITY OF CARMEL-BY-THE-SEA is hereby determined to be primarily, a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character; and that said determination is made having in mind the history and the development of said city, its growth and the causes thereof; and also its geographical and topographical aspects, together with its near proximity to the cities of Pacific Grove and Monterey and the businesses, industries, trades, callings and professions in existence and permissible therein."
Adopted by Ordinance No. 96 passed on this 5th day of June 1929

(Reference: CITY OF CARMEL-BY-THE-SEA CALIFORNIA ADOPTED BUDGET FISCAL YEARS 2006/07 THROUGH 2008/09)

• With an annual budget of over $11 million and reserves of almost $10 million, there is no justification for a “Library Study” whose goal is “cost savings.” Only if the City Administrator and City Council, unlike the community they are supposed to serve, reject the community’s values on reading and education, does the “Library Study” have any basis.

UPDATE: Flanders Foundation vs. City of Carmel-by-the-Sea, et al. & Special Counsel (Attorney) Conners' Total Compensation

 
Flanders Mansion Stone Stairway (East End)
Note "1927" inscribed in the stone step at lower right. 
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY
GNM76728
Flanders Foundation vs. City of Carmel By the Sea, et al

UPDATE; As of 15 November 2006, the new Writ of Mandate Hearing is scheduled for Thursday, 01/11/07, 09:00:00, Courtroom 14.

Writ of Mandate Hearing 11/30/2006 09:00:00 Courtroom 14 (Superceded Date, see above)

Case Number: GNM76728
Case Caption: Flanders Foundation vs. City of Carmel By the Sea, et al
Filing Date: 11/3/2005
Case Type: Civil Monterey
Filing Type: Petition
Original Filing Date: 11/3/2005

Note: Although the Superior Court of California, County of Monterey, web site has the “Writ of Mandate Hearing” scheduled for 30 November 2006, a knowledgeable source expects the Hearing to be rescheduled for December 2006 or January 2007.

TOTAL CITY MONETARY AMOUNT TO SPECIAL COUNSEL
WILLIAM B. CONNERS
GNM76728, FLANDERS FOUNDATION v. CITY OF CARMEL-BY-THE-SEA:
(March 2005 – October 2006):

TOTAL: $36,460.00 (March 2005 - October 2006)

111606 10/17/06 WILLIAM B. CONNERS $ 1,920.00 LEGAL SERVICES-FLANDERS LAWSUIT

111097 8/8/06 WILLIAM B. CONNERS $ 260.00 LEGAL SERVICES-FLANDERS LAWSUIT
111150 8/15/06 WILLIAM B. CONNERS $ 500.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 760.00

110707 6/13/06 WILLIAM B. CONNERS $ 580.00 LEGAL SERVICES-FLANDERS LAWSUIT

110419 5/2/06 WILLIAM B. CONNERS $ 1,400.00 LEGAL SERVICES-FLANDERS LAWSUIT
110570 5/23/06 WILLIAM B. CONNERS $ 540.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 1,940.00

110141 3/21/06 WILLIAM B. CONNERS $ 880.00 LEGAL SERVICES – FLANDERS LAWSUIT

110014 2/28/06 WILLIAM B. CONNERS $ 3,780.00 JAN '06 LEGAL SERVICES

109798 1/24/06 WILLIAM B. CONNERS $ 1,260.00 LEGAL SERVICES

109626 12/27/05 WILLIAM B. CONNERS $ 1,780.00 LEGAL SERVICES-FLANDERS

109353 11/15/05 WILLIAM B. CONNERS $ 40.00 PROFESSIONAL SERVICES

109165 10/11/05 WILLIAM B. CONNERS $ 7,220.00 PROFESSIONAL SERVICES

108976 9/13/2005 WILLIAM B. CONNERS $ 4,280.00 PROFESSIONAL SERVICES

108897 8/30/05 WILLIAM B. CONNERS $ 2,520.00 PROFESSIONAL SERVICES

108622 7/20/05 WILLIAM B. CONNERS $ 2,940.00 PROFESSIONAL SERVICES

108410 6/14/05 WILLIAM B. CONNERS $ 2,360.00 PROFESSIONAL SERVICES

108242 5/24/05 WILLIAM B. CONNERS $ 2,660.00 PROFESSIONAL SERVICES

107869 3/22/05 WILLIAM B. CONNERS $ 1,540.00 PROFESSIONAL SERVICES

(Source: City of Carmel-by-the-Sea web site http://www.ci.carmel.ca.us/ March 2005 – October 2006 Check Registers)

Harrison Memorial Library Garden Landscape Renovation: Carmel-by-the-Sea Garden Club & The City of Carmel-by-the-Sea

HARRISON MEMORIAL LIBRARY GARDEN
CARMEL-BY-THE-SEA GARDEN CLUB
"The Carmel-by-the-Sea Garden Club is dedicated to a complete make-over with drought resistant plants and new benches and walks."
(Source: “PLEASE HELP US RENOVATE THE HISTORIC HARRISON MEMORIAL LIBRARY GARDEN” Pamphlet, Carmel-by-the-Sea Garden Club, Member of The Garden Club of America)
 

City Council Agenda
Regular meeting
November 7, 2006

VII. Consent Calendar

C. Consideration of a Resolution awarding a contract to Craven
Landscaping in the amount not to exceed $136,187.50 for the landscape
renovation at the Harrison Memorial Library.


Meeting Date: 7 November 2006
Prepared by Mike Branson
City Council
Agenda Item Summary

Name: Consideration of a resolution awarding a contract to Craven Landscaping in the amount of $136,187.50 for the landscape renovation project at the Harrison Memorial Library.

Description: Notice of a project to renovate the landscape at the Harrison Memorial Library on the northeast corner of Lincoln Street and Ocean Avenue was published in the Monterey County Herald on two dates. The plans and specifications were available at the Central Coast, Santa Cruz, and Salinas Builders Exchanges. In addition, landscape contractors licensed to work within the City of Carmel-by-the-Sea were sent a notice inviting bids on the project. Two bids were received on 20 October 2006 and the lowest complete bid was received from Craven Landscaping in the amount of $136,187.50.

The bid results are:
Craven Landscaping $136,187.50
Green Valley Landscaping $138,178.00 (no bid bond)

Overall Cost:
City Funds: $136,187.50 (Garden Club donation to Deposit Acct # 50-24050-0640)
Grant Funds: None.
Staff time: 45 hrs

Staff Recommendation: Adopt the resolution.

Important Considerations: The Carmel-by-the-Sea Garden Club developed a landscape plan and raised funds to renovate the landscaping at the Harrison Memorial Library. Sufficient funds are to be donated to the Harrison Memorial Library Landscape Deposit Account to enable the City to award a contract for the landscape renovation project. An agreement between the City and the Garden Club for administration and financial services during the project will also be in place prior to issuance of a notice to proceed to the contractor. If the Garden Club is unable to donate sufficient funding for the project, the City will need to use the Capital Improvement Reserve Fund to fulfill the contract obligation.

Decision Record: None.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


Note: The CITY OF CARMEL-BY-THE-SEA LANDSCAPE RENOVATION – OCEAN AVENUE MEDIANS – CONTRACT stipulates that the landscaping “shall be completed no later than ninety (90) calendar days after the start of work is authorized in writing by the City.”


VII. Consent Calendar

D. Consideration of a Resolution entering into an agreement with the
Carmel-by-the-Sea Garden Club for administration and financial
services for the landscape renovation project at the Harrison Memorial
Library and to establish a deposit account for related costs.

Meeting Date: 7 November 2006
Prepared by Mike Branson
City Council
Agenda Item Summary

Name: Consideration of a resolution entering into an agreement with the Carmel-by-the-Sea Garden Club for administration and financial services for the landscape renovation project at the Harrison Memorial Library and to establish a deposit account for related costs.

Description: The Carmel-by-the-Sea Garden Club has raised money to be donated to the City for the landscape renovation at Harrison Memorial Library. A signed agreement between the City and the Garden Club formalizes and defines the administration and financial services necessary to complete the project. Establishing a new deposit account for donated funds provides an efficient means for the receipt and disbursement of funds.

Overall Cost:
City Funds: none
Grant Funds: None.
Staff time: 2 hrs

Staff Recommendation: Adopt the resolution.

Important Considerations: Deposit accounts are established by Resolution of the City Council to receive and disburse funds, usually received from donations, for a specific program or purpose outside of the regular City budget. Once the project is complete and funds are no longer being received or expended, the specific deposit account will be eliminated. The administration and financial services agreement is modeled after the agreement used for the renovation of Piccadilly Park and has been reviewed by the City Attorney.

Decision Record: None.

Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date

Fiscal Imprudence

 
The Harrison Memorial Library, Dedicated March, 1928.
Designed by Bernard Maybeck & Built by M.J. Murphy in 1927 and 1928.
Note: Library Building named after Ralph Chandler Harrison (1831-1918), a Justice of the California Supreme Court (1891-1903); made possible by a bequest from the will of Ella Reid Harrison, his widow, in 1922; includes Barnet J. Segal Reading Room (Dedicated June, 1995); James L. And Primrose Billwiller Reference Room; and The Robert Campbell Balcony (Dedicated February, 2003). 
City Council Agenda
Regular Meeting
November 7, 2006

VII. Consent Calendar

E. Consideration of a Resolution entering into an agreement with Ralph Andersen & Associates for the preparation of a City Library operations study.

Meeting Date: November 7, 2006
Prepared by: Joyce Giuffre
City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Ralph Andersen & Associates for the preparation of a City Library operations study.

Description: At the June 22, 2006 City Council meeting, the Council adopted the triennial budget for the fiscal years 2006-07 through 2008-09. The approved budget for fiscal year 2006-07 included an additional $35,000 for library services. Council also requested that the City Administrator study the Library operations to determine the best use for the additional funds. Staff recommends that the City contract with Ralph Andersen & Associates to evaluate the City’s Library operations and outline some options for the City to consider. Ralph Andersen & Associates will assign John Goss to prepare the study and his work is scheduled to be completed by December 31, 2006.

Overall Cost: City Funds: Estimate of $14,000
Grant Funds: n/a
Staff time: n/a

Staff Recommendation: Authorize the execution of the professional services agreement with Ralph Andersen & Associates. John Goss is the former City Manager for Chula Vista and is very well-qualified to evaluate the City’s Library operations.

Important Considerations: The 2006-07 fiscal year budget includes an additional $35,000 in the Library Department budget for library services. No decisions have been made on how the additional monies will be spent this fiscal year.

Decision Record:

Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date


COMMENTS:

• Instead of City Administrator Rich Guillen cooperating and working with Library Director Margaret Pelikan to use their best judgment regarding the restoration of library hours to Harrison Memorial Library and the Park Branch, the City Staff recommends that the City contract with a consultant in the amount of $14,000.

• With $35,000 to appropriate towards restoring library hours for adults and children, the city proposes to expend $14,000 for a study.

• Recall City Administrator Rich Guillen was against allocating $35,000 to the libraries.

• And recall City Councilman Erik Bethel’s remark about not remembering the City conducting a study to determine which library hours should be eliminated when the City reduced library hours. Yet now the City requires a study prior to restoring library hours.

• Simply put, instead of the City contracting with a consultant, the City should have restored library hours months and months ago!

Monterey County Fire Hydrant vs. City of Carmel-by-the-Sea Fire Hydrant

 
Monterey County Fire Hydrant
Location: Ocean Av. & Hatton Rd., N.W. Corner 
Note: See preceding Post for City of Carmel-by-the-Sea Fire Hydrant Photo, Statistics on the Carmel Fire Department and Comments.

Carmel Fire Department & Fire Hydrants

 
City of Carmel-by-the-Sea Fire Hydrant
Location: San Carlos St. & 8th Av., S.E. Corner 
CITY OF CARMEL-BY-THE-SEA

FIRE

The Carmel Fire Department's primary responsibility is to save lives and protect property through the prevention and control of fires. This responsibility encompasses other emergencies including medical, automobile accidents and extrication, hazardous material spills, natural gas leaks, downed power lines, flooded basements and minor electrical problems.

The Fire Department provides educational programs for residents and the business community in the areas of fire prevention and public safety by conducting inspections, speaking to local schools and service clubs and offering instructional classes.

The Department also has primary responsibility for disaster preparedness for the community. This duty involves coordination with other agencies and City staff, public education, preparation and administration of the disaster plan.


CITY OF CARMEL-BY-THE-SEA
ORGANIZATIONAL CHART
FY 2006/07

PUBIC SAFETY:
Public Safety Director

FIRE: Fire Captains & 3 Engineers
Part Time Fire: 4 Intermittent Engineers & 15 Paid Called Firefighters
Note: Carmel-by-the-Sea contracts with Pacific Grove Fire Chief Andrew Miller; Fire Chief position does not appear in the Budget.


EXPENDITURES
FY 2006/07 (Proposed): $1,675,310
FY 2005/06 (Budgeted): $1,551,229
FY 2004/05 (Actual): $1,368,459

(Source: CITY OF CARMEL-BY-THE-SEA CALIFORNIA, ADOPTED BUDGET, FISCAL YEARS 2006/07 THROUGH 2008/2009)


COMMENTS:

“The Carmel Fire Department's primary responsibility is to save lives and protect property through the prevention and control of fires.”

Despite the Carmel Fire Department’s articulated “primary responsibility” and a total budget of millions and millions of dollars over the 11 year period 1995-2006, there exists presently in Carmel-by-the-Sea an unacceptable number of “NOT IN SERVICE” Fire Hydrants.

Note: Most jurisdictions test 20% of their fire hydrants each year, but Carmel-by-the-Sea hasn’t conducted flow tests since 1995, according to Fire Chief Andrew Miller.

Addendum:
8.32.100 Amendments to Uniform Fire Code.
The Uniform Fire Code, 2000 Edition, is amended and changed as follows as described in subsections (1) through (38) of this section.

25. Section 903.4.5 is added to read as follows:
903.4.5 PAINTING OF FIRE HYDRANTS. When required by the Chief, fire hydrants shall be painted in accordance with NFPA 291 (1995).

Camino Real: 7 Non-Sequential "NOT IN SERVICE" Fire Hydrants

 
#1 "NOT IN SERVICE" Fire Hydrant
Location: North Camino Real between 2nd Av. & 4th Av., E/s 
City Council Agenda
Regular Meeting
November 7, 2006

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

C. Announcements from City Administrator.

• Receive report on City’s Fire Hydrants.

# 2 "NOT IN SERVICE" Fire Hydrant

 
#2 "NOT IN SERVICE" Fire Hydrant
Location: North Camino Real & 4th Av., E/s 

# 3 "NOT IN SERVICE" Fire Hydrant

 
#3 "NOT IN SERVICE" Fire Hydrant
Location: North Camino Real between Ocean Av. & 4th Av., E/s 

# 4 "NOT IN SERVICE" Fire Hydrant

 
#4 "NOT IN SERVICE" Fire Hydrant
Location: Camino Real & Ocean Av., E/s 

# 5 "NOT IN SERVICE" Fire Hydrant

 
#5 "NOT IN SERVICE" Fire Hydrant
Location: Camino Real & 7th Av., E/s 

# 6 "NOT IN SERVICE" Fire Hydrant

 
#6 "NOT IN SERVICE" Fire Hydrant
Location: Camino Real & 9th Av., E/s 

# 7 "NOT IN SERVICE" Fire Hydrant

 
#7 "NOT IN SERVICE" Fire Hydrant
Location: Camino Real & 11th Av., E/s 

Mission Trail Nature Preserve "No Bicycle" Signs: Advisory Only

 
"No Bicycle" Sign in Mission Trail Nature Preserve
Location: Posted on the Trunk of a Coast Live Oak, approximately 9 ft. above ground level, just past the second bridge from the entrance at Mt. View Av. 

ALERT: The City of Carmel-by-the-Sea’s posting of numerous “No Bicycle” signs in Mission Trail Nature Preserve are advisory only; the Carmel-by-the-Sea Municipal Code DOES NOT prohibit bicycles on any of the roads or trails in Mission Trail Nature Preserve. In other words, there is no punitive penalty for riding your bicycle on any trail or road in the Preserve.

Enjoy your bike riding experience in Mission Trail Nature Preserve!

The "No Tobacco" Fiasco

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
Regular Meeting
September 13, 2006

I. CALL TO ORDER AND ROLL CALL

COMMISSIONERS:
ALAN HEWER
KEN TALMAGE
ROBIN WILSON
BILL STRID, CHAIRMAN

XI. SIGNS
City of Carmel
West end of Ocean Avenue, the Del Mar parking area and Scenic bet Del Mar & Santa Lucia Block(s) C1, C2, A1, A2, A3, A4, and A5

Consideration of a Municipal Project and Coastal Development Permit for the installation of “No Tobacco” signs in the public right-of-way on Scenic Road and Del Mar between Ocean and Santa Lucia Avenues in the Single Family Residential (R-1), Beach and Riparian (BR), Archaeological Significance (AS) and Park (P) Overlay Districts

At the Planning Commission meeting, Assistant Planner Nathan Schmidt stated to Commissioners, “In order to be more consistent with the ordinance, staff recommends the signs say, ‘No Smoking.'” During their deliberations, Planner Commissioner Ken Talmage stated, “...I hope we don’t walk down the beach and have the experience totally ruined by signs everywhere.” The Commissioners voted to approve signs with “No Smoking” language.

Note: Apparently, City Forester, Parks & Beach Mike Branson had already ordered 18 “No Tobacco” signs, even though the language in the Ordinance and the Amended Ordinance passed by the City Council in November 2005 used “No Smoking.” The California Coastal Commission will ultimately have to approve the installation of the “No Smoking” signs along the Scenic Road Beach Bluff Pathway.

MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 1, 2005

IX. ORDINANCES
A. Consideration of an Ordinance Amending Title 8, Chapter 8.36.020, of the Municipal Code to prohibit smoking on Carmel Beach and the Beach Bluff Pathway. (2nd Reading)

Mike Branson, City Forester, presented the report and noted the changes made to the ordinance at the first reading.

Mayor McCloud declared the public hearing open at 5:19 pm.

Janet Meyer, Barbara Livingston and Jim Belk addressed the Council.

Mayor McCloud declared the public hearing closed at 5:27 pm.

MAYOR McCLOUD moved adoption of the Ordinance Amending Title 8, Chapter 8.36.020, Of The Municipal Code To Prohibit Smoking On Carmel Beach and the Beach Bluff Pathway, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: HAZDOVAC, ROSE and McCLOUD
NOES: CUNNINGHAM
ABSENT: BETHEL
ABSTAIN: NONE


Carmel-by-the-Sea Municipal Code
Title 8
HEALTH AND SAFETY*
Chapter 8.36
SMOKING REGULATIONS FOR PUBLIC PLACES*

8.36.010 Definitions.
The terms “smoke” or “smoking” are defined for the purposes of this chapter to include the carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the lighting of any pipe, cigar or cigarette. (Ord. 76-1 § 1, 1976; Code 1975 § 699.2).

8.36.020 Smoking Prohibited in Certain Public Places.

F. Smoking is prohibited and is unlawful within the boundaries of Carmel Beach, on the Beach Bluff Pathway and within any public beach access way including but not limited to stairways and walkways adjoining public beach areas. Carmel Beach is defined as public lands: west and south of private property along Carmel Way; west of private property on the west side of San Antonio Avenue between 2nd Avenue and Ocean Avenue; west of San Antonio Avenue between 4th Avenue and Ocean Avenue; north of Ocean Avenue between San Antonio Avenue and Del Mar Avenue; west of Del Mar Avenue; west of private property on the west side of Scenic Road between Ocean Avenue and 8th Avenue; and west of the Scenic Road pedestrian pathway between 8th Avenue and the City limit. (Ord. 2005-05 § 1, 2005; Ord. 76-1 § 1, 1976; Code 1975 § 699.3).

8.36.040 Violation – Penalty.
Any person who shall violate the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not to exceed $25.00 for each such violation. (Ord. 76-1 § 1, 1976; Code 1975 § 699.5).

Part III: Mills Act Workshop

Commentary: Mills Act Workshop

The City Council’s 24 October 2006 Mills Act Workshop deliberations served to add more, not less, confusion and chaos into the public arena without any articulated plan as to the city’s future course of action.

Simply put, there are essential 3 aspects of the City’s Preservation Program which need clarification; the Historic Context Statement, Chapter 17.32 Historic Preservation of the Municipal Code and the Carmel Inventory of Historic Resources.

I: The Historic Context Statement
The City’s Historic Context Statement is used by qualified architectural historians to evaluate potential historic resources for “determining eligibility for the Carmel Inventory (17.32.060); “The purpose of the Historic Context Statement is to establish a baseline of information against which the potential historic significance of a property is evaluated.” Ergo, the Historic Context Statement is the preserve of experts, not Carmel-by-the-Sea City Council members.
Moreover, the City Council’s generated confusion over the Historic Context Statement illuminated a distressing situation; and that is, City Council Members act as if there are charged with reinventing the wheel, when they are supposed to respect the advise and recommendations of the Planning Staff and the Historic Resources Board. The Historic Resources Board (HRB) consists of a group of “professional members” and members of the public with a “demonstrated interest in and knowledge of architectural history, architecture, archaeology, anthropology, paleontology, architecture, historic architecture, local history or fields related to historic preservation such as construction, planning, geography, landscape architecture, urban design, ethnography, fine arts, or real estate.” The HRB Members have “Duties and Powers” (2.74.020) “To advise the City Council on proposed Mills Act contracts and proposed tax credit applications.” Similarly, the Planning Staff, a group of professionals, prepares staff reports and makes recommendations based on their knowledge and expertise. Yet City Council members do not seriously consider their advice and recommendations, particularly regarding Mills Act Contracts.

Note: In both the Scheingart Mills Act Contract application (Kathryn Waite House) and the Hutchings Mills Act Contract application (Elizabeth F. Armstrong House # 2), the Planning Staff and the HRB recommended to the City Council that these Mills Act Contracts be approved. The City Council denied the Hutchings’ a Mills Act Contract on 8 August 2006. And the City “temporarily removed” the Scheingart residence from the Inventory until the California Coastal Commission staff communicated to the City that this action was “illegal;” apparently, the Scheingart’s have since withdrawn their Mills Act Contract application.

II. Chapter 17.32 Historic Preservation of the Municipal Code
According to the City’s Municipal Code, 5 “Required Findings” must be met prior to the City Council approving a Mills Act Contract.

Required Findings: CMC 17.32.100.B requires that specific findings be made before a Mills Act Contract can be approved. The following is a list of the findings…from staff:

Finding #1: The building is designated as an historic resource by the City and is listed on the Carmel Register.

Finding #2: The proposed maintenance plan is appropriate in scope and sufficient in detail to guide long-term maintenance.

Finding #3: Alternations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alteraations that:

(A) Comply with the Secretary’s Standards, and do not affect the
basic form and design of the original historic resource, and
(B) Do not affect any primary elevation, and
(C) Do not alter, damage or diminish any character-defining feature, and
(D) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource, and
(E) Do not result in any second-story addition to a single-story historic resource, and
(F) Meet all zoning standards applicable to the location of the property.

Finding #4: The Mills Act contract will aid in offsetting the costs of rehabilitating and/or maintaining the historic resource and/or will offset potential losses of income that might otherwise be achieved on the property.

Finding #5: Approval of the Mills Act contract will represent an equitable balance of public and private interests and will not result in substantial adverse financial impact on the City.

In contrast, the State Requirement is basically only that the “properties must be identified as historic (National, State or Local level).” As Sean Conroy stated during his PowerPoint presentation, most communities only have the State Requirements.

To be fair and equitable, The City Council should repeal Findings #3 (D) and (F), especially since the City Council is defining “Meet all zoning standards applicable to the location of the property,” as “meet all current zoning standards applicable to the location of the property.”

III. The Carmel Inventory of Historic Resources

The crux of the City’s preservation implementation problem is the City’s Inventory of Historic Resources; that is, there appears to be numerous DPR 523 Forms containing “slightly inaccurate, but more often grossly inadequate” information, as City Councilman Gerard Rose stated. However, for property owners who have appealed their respective designations, a review by the Planning Staff, Historic Resources Board and City Council will ensure properties lacking historic merit will be removed from the City’s Inventory.

In retrospect, the appropriate lesson to be learned from nearly 2 years of implementing the historic preservation section of the Local Coastal Program is the following: For the City’s Inventory of Historic Resources, the City should have contracted with an architectural historian committed to more rigorous research standards or contracted with another architectural historian to review the Inventory for accuracy, completeness, et cetera prior to their submittal to the California Coastal Commission for certification.

Lastly, while City Councilman Gerard Rose exclaimed that the City Council needs to “straighten up our own house,” it is axiomatic that competent public servants would have straightened up their own houses prior to the city’s submittal of the city’s Local Coastal Program to the California Coastal Commission for certification in 2004. A corollary: City Council Members do not suffer the consequences of their failures to adequately perform their duties and responsibilities, rather members of the public are unnecessarily adversely impacted.

Part II: Mills Act Workshop

CITY COUNCIL
SPECIAL MEETING
MILLS ACT WORKSHOP
24 OCTOBER 2006

Statements made by City Council Members and a Carmel-by-the-Sea Resident & Comments:

Mayor Sue McCloud: “Let me reemphasis that this is a workshop really designed for Council to be sure we understand all the provisions and the objectives of the Mills Act before we start applying it and setting some dimensions around it.”

Comment: After all the City Administrator/City Council generated confusion over the targeted audience for the workshop, it is finally interesting to know that Mayor McCloud viewed the Mills Act Workshop for the City Council; a resident would assume City Council Members understood the provisions and consequences of the Mills Act prior to their submittal of the Local Coastal Program for certification in 2004.


City Councilman Michael Cunningham: “I don’t think we should proceed thinking there’ll be no impact on our property tax revenues…it could make a huge difference on our tax receipts…You’ve gotten evidence that says it isn’t the case and I find it very surprising.”

Comment: Assuming City Council Members received their Mills Act Workshop packets prior to the meeting, the public expects members who find information in their packets “surprising” to make an effort to dispel their surprise by asking the appropriate questions to the appropriate individuals prior to a meeting. In this particular case, City Councilman Michael Cunningham could have contacted the Monterey County Assessor – County Clerk - Recorder, Stephen L. Vagnini, to confirm, refute and /or clarify the planning staff’s information.
Note: Monterey County Assessor – County Clerk – Recorder Stephen L. Vagnini confirmed the financial implication statements made by Senior Planner Sean Conroy to the City Council at the Workshop.


City Councilman Michael Cunningham: “...suggested making them available only to those who face economic hardship as a result of historic designation.”

Comment: “The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners,” according to the California Office of Historic Preservation. As the following reference states, “The purpose of granting a contract is to aid in offsetting the costs of maintenance and rehabilitation or to offset the potential loss of income that might otherwise be achieved on the property.” City Council Members are charged with implementing the Mills Act, not rewriting the Mills Act to include “economic hardship” as a determining factor, especially since economic status was not intended to be used as a criterion.

References:
Mills Act Contracts: Goal 1-5 of the Land Use Element of the General Plan encourages providing incentives, such as tax relief, to promote preservation and rehabilitation of historic resources. CMC 17.32.100 identifies potential benefits to properties that are included on the City’s Register of Historic Resources. The most significant benefit is the granting of a Mills Act Contract…The Mills Act was enacted by the State of California in 1972 and grants participating local governments authority to enter into contracts with owners of qualified historic properties. Owners are expected to actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. As part of the City’s Local Coastal Program, Mills Act Contracts are now being offered to qualifying properties. The purpose of granting a contract is to aid in offsetting the costs of maintenance and rehabilitation or to offset the potential loss of income that might otherwise be achieved on the property.
(Source: City Staff Report)

General Plan/Coastal Land Use Plan Land Use & Community Character Element
Carmel-by-the-Sea Page 1-43
Cultural Resources
Historic Preservation

G1-5 Protect and enhance historic resources. Ensure that City ordinances, development review processes and administrative policies support, facilitate and coordinate with preservation activities. Provide incentives for property owners to preserve and rehabilitate historic resources. (LUP)


City Councilwoman Paula Hazdovac: “I don’t think we have a very clear picture of what is actually historic, simply based on how many appeals we have overturned, or granted…the documentation we have so far isn’t accurate...”

City Councilman Gerard Rose: “...the last few months have proven very troubling for me as it relates to our Historic Inventory. Again and again we have seen homes described as historic on DPR Forms that were sometimes slightly inaccurate, but more often grossly inadequate…”

Comment: If the DPR 523 Forms on the Inventory of Historic Resources properties contain “grossly inaccurate” information, then why has the city continued to compensate the architectural historian hired to compile the Inventory, Kent L. Seavey? Note: Since certification of the Local Coastal Program, the city has paid Kent Seavey $ 22,975 in “professional services.”

City Councilman Gerard Rose: “...the historic context statement “is far broader and vaguer than most people realize,” and therefore “has been the source of a lot of confusion, not only among the public but for decision makers.”

Comment: The City’s Historic Context Statement is used by qualified architectural historians to evaluate potential historic resources. Since the City Council Members are not qualified, let alone charged with updating the Inventory, then the City Council should refrain from using the Historic Context Statement as a ruse to delay hearings and decisions on Mills Act Contracts.

Reference:
Carmel-by-the-Sea Municipal Code
Chapter 17.32
HISTORIC PRESERVATION
17.32.060 Determining Eligibility for the Carmel Inventory.
A. Historic Context Statement.
2. The purpose of the Historic Context Statement is to establish a baseline of information against which the potential historic significance of a property is evaluated.

“He (City Councilman Gerard Rose) said he would prefer high standards to preserve the most noteworthy properties, such as the first of a type built and the best example of a particular architectural style.”

Comment: In the Local Coastal Program, it already clearly states that the “best” be represented in the Inventory.

Reference:
General Plan/Coastal Land Use Plan Land Use & Community Character Element

Protection of Historic Resources
Its primary goals…, and to promote the identification and preservation of structures and sites that best represent this history.

Additionally, Staff and the HRB use reason 3) There are a sufficient number of other, better preserved or more important resources of the same type elsewhere within the City, as a criterion for removing a property from the Inventory.

Reference:
Staff and the HRB recognize four possible reasons for removing a property from the Carmel Inventory: 1) There are gross, non-correctable errors in the historic documentation, 2) The property bears a poor or minimal relationship to the adopted Historic Context Statement, 3) There are a sufficient number of other, better preserved or more important resources of the same type elsewhere within the City, and 4) The resource has lost its historic integrity through past alterations.


Carmel-by-the-Sea Resident Monte Miller: “After hearing your discussion, I’m a lot more clear on what some of the tradeoffs are and in a workshop we should have been able to interact with you during the whole session…the point is when you call something a workshop that people should be able to interact after you guys start your discussion because I imagine a lot of people have some opinions and inputs to you that might be valuable to you in your thought process.”

Comment: Definition of Workshop: “An educational seminar or series of meetings emphasizing interaction and exchange of information among a usually small number of participants”
(Source: http://www.thefreedictionary.com/workshop)