• The “City” of Carmel-by-the-Sea removed 43 historic resources, as a group, from the Carmel Inventory of Historic Resources in January 2006, with the approval of Principal Planner Brian Roseth and City Attorney Don Freeman. Only when the California Coastal Commission staff communicated to the “City” that their action was in violation of the City’s Local Coastal Program and therefore “illegal,” did the City Council remand the item to the Historic Resources Board for rescission.
• Unlike the process the City of Carmel-by-the-Sea is following to post “No Smoking” signs on Scenic Road along Carmel Beach, the “City” of Carmel-by-the-Sea posted numerous “No Bicycle” signs in Mission Trail Nature Preserve without a coastal permit. Only when a California Coastal Commission Staff Member contacted the “City” about the City’s violation did the “City” agree that a coastal permit was required to install the signs and implement the public access restrictions.
• Even though City Administrator Rich Guillen and Mayor Sue McCloud stated publicly that the installation of the lights issue would be placed on a public agenda prior to the lights installation, the “City” has installed approximately 50 lights in the medians on Ocean Av. between Monte Verde St. and Junipero Av.
COMMENTS:
Mayor McCloud’s initiation and /or endorsement of the removal of multiple post-1940s historic properties from the City’s Inventory of Historic Resources, the posting of numerous “No Bicycle” signs in Mission Trail Nature Preserve and the installation of approximately 50 lights in the medians on Ocean Avenue between Monte Verde St. and Junipero Av. was either overtly supported or tacitly approved by Planner Services Manager Brian Roseth, City Attorney Don Freeman, Public Safety Director/Police Chief George Rawson and City Administrator Rich Guillen, even though these actions were either a violation of the Local Coastal Program, the Municipal Code or a breach of ethics.
Specifically, in the case of the removal of 43 historic properties, Planning Services Manager Brian Roseth, who wrote the Staff Report recommending removal of the properties from the Inventory of Historic Resources and City Attorney Don Freeman, who supported the option to remove the 43 historic properties, supported the removal of the historic properties.
In the case of the “No Bicycle” signs, both Public Safety Director/Police Chief George Rawson and City Administrator Rich Guillen knew about the city’s posting of “No Bicycle” signs in Mission Trail Nature Preserve without a coastal permit prior to the California Coastal Commission Staff Member contacting the “City” regarding the violation; yet they did nothing to rectify the Local Coastal Program violation.
Lastly, in the case of the “City’s” installation of approximately 50 lights in the medians on Ocean Av. between Monte Verde St. and Junipero Av., both the Mayor and the City Administrator stated publicly that the light installation issue would be placed on an agenda prior to the installation of the lights; yet the lights were installed in December without a public hearing on the issue.
CONCLUSION:
This pattern of flagrant violations and illegal actions by the “City” of Carmel-by-the-Sea, initiated and/or endorsed by Mayor Sue McCloud signifies a “the City can unilaterally do whatever it wants without regard for the law or ethics” attitude; the definition of Carmel-by-the-Sea style “corruption.”
To wit, a person of integrity, man or woman, would NEVER willfully mislead or lie to the public. Yet, in the case of the installation of the lights in the medians in the commercial district on Ocean Av., for example, Mayor McCloud showed herself as an individual unworthy of a position of public responsibility and trust.
ADDENDUM:
The following Municipal Code item and precedent demonstrate that the Municipal Code would have to be changed to allow for the installation of lights in the medians on Ocean Av. between Monte Verde St. and Junipero Av.
Carmel-by-the-Sea Municipal Code
Chapter 15.36
ELECTRICAL CODE*
15.36.070 Lighting Requirements.
A. Commercial Buildings/Zones.
1. All light fixtures shall not be directed toward the public right-of-way.
2. Lighting intensity shall not exceed eight-candlefoot power at a point two feet beyond the storefront windows as measured in a vertical or horizontal plane three feet above the ground or public walking surface.
3. Lighting intensity within the interior of the store space shall not exceed 30-candlefoot power at any point visible from the public right-of-way as measured in a vertical or horizontal plane three feet above the floor or walking surface.
B. Residential Buildings/Zones.
1. All exterior lighting attached to the main building or any accessory building shall be no higher than 10 feet above the ground and not exceed 25 watts in power per fixture.
2. Landscape lighting shall not exceed 18 inches above the ground nor more than 15 watts per fixture and shall be spaced no closer than 10 feet apart. Landscape lighting shall not be used for tree, wall, fence or accent lighting of any type. The purpose of landscape lighting is to safely illuminate walkways and entrances to the subject property.
3. No exterior lighting is permitted upon City property and may not be directed toward City property.
CITY OF CARMEL-BY-THE-SEA
DESIGN REVIEW BOARD
MINUTES
Regular Meeting
28 August 2002
Herb Beckett
W/s Dolores between Ocean and 7th
Consideration of a Commercial Design Review application for exterior design changes consisting of artificial vines and flowers attached to store front, window frames in the Central Commercial (CC) District
David Wright presented the staff report that recommended denial. Herb Beckett appeared to compliment David on his professional approach in dealing with a difficult task. He explained that he decorated his store with seasonal flowers attached to the vine. Chairman Pro Tem Bartron asked Mr. Wright whether seasonal decorations were okay and Mr. Wright responded that only Christmas lights were allowed in the commercial district during the holidays. Motion of LEPAGE/MANHA TO DENY THE APPLICATION AND REQUEST THAT THE DECORATIONS BE REMOVED
BY SEPTEMBER 6 CARRIED ON THE FOLLOWING ROLE CALL VOTE:
AYES: BOARD MEMBERS: Bartron, Manha, and LePage
NOES: BOARD MEMBERS: None
ABSENT: BOARD MEMBERS: Campbell and Isakson
CONTRACT CODE ENFORCEMENT OFFICER: WRIGHT
2 comments:
Looking at the record, it seems that Mayor McCloud feels she needs to be in sole control of Carmel by the Sea. She appears to take it personally when city ordinances or higher authority, e.g. The California Coastal Commission, get in the way of what she wants to do. Evidentally, she has gotten so used to running roughshod over staff, residents and the business community that she believes she is unstoppable. When she is brought up short, as in the case of Coastal Program violations, there seems to be no penalty for having ordered the violations. She simply orders city staff to do the minimum necessary to get by and goes on to testing the waters with the next violation. Unfortunately for Carmel but fortunately for McCloud, residents are less and less interested in how badly their city is run and business owners are afraid that if they cross her she will retaliate by having city staff harass them or worse look for reasons to pull or decline to renew their business licenses.
Senior staff members know that if they don't go along with whatever the Mayor wants they are in danger of losing their jobs e.g. Pelikan, D'Ambrosio et al. Guillen, Rawson, Freeman, Roseth etc must therefore be unwilling to tell McCloud what they know to be the facts if those facts aren't what she wants to hear.
Most Police Chiefs & City Managers are professionals. The pros understand that while they serve at the pleasure of the city council, their responsibility and duty is to protect and serve the public at large. Contrarily, in Carmel, Rich and George serve and protect the mayor, period. They do not serve and protect the residents of Carmel-by-the-Sea, and therefore are not professionals.
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