Tuesday, January 30, 2007

City Council Closed Session - January 2007

CITY COUNCIL
Tour of Inspection
&
Closed Session
Monday, January 8, 2007


III. Adjournment to Closed Session at City Hall
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:

A. Labor Negotiations – Gov’t. Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Guillen, to give direction regarding labor negotiations with the Firefighters and Police Officer Associations.

Reference:
54957.6.(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.

Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives.

Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.

Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative.

Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees.

For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.

B. Property Negotiations – Gov’t. Code Section 54956.8, Between City Administrator and Carol Richmond regarding a property located on the northeast corner of Mission Street and Eighth Avenues.

Reference:
54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.

For purposes of this section, negotiators may be members of the legislative body of the local agency.

For purposes of this section, "lease" includes renewal or renegotiation of a lease.

Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.

Note: Carol Benton Richmond is the owner of the Carmel Ballet Academy (E/s Mission St. between 7th Av. & 8th Av.), the building next to the Scout House (N.E. Corner Mission St. & 8th Av.). At the Historic Resources Board meeting on 20 November 2006, her appeal of “the City’s determination to place an existing building located in the Residential and Limited Commercial (RC) District on the City’s Inventory of Historic Resources” was continued.

C. Public Employee Performance Evaluation - Gov’t. Code Section 54957. Title: City Administrator.

Reference:
54957.
(b) (1) Subject to paragraph (2), nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session.

CITY COUNCIL
Regular Meeting
Tuesday, January 9, 2007


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

A. Announcements from Closed Session.

City Administrator Rich Guillen: “There are no announcements at this time.”

Sunday, January 28, 2007

Scofflaw: “contemptuous law violator”


Close-up of Lights on Carmel-by-the-Sea’s 2006 “Holiday Tree”
Ocean Av. & Junipero Av. Median, east end
Carmel-by-the-Sea, CA.

As of Sunday, 28 January 2007, Carmel-by-the-Sea’s 2006 “Holiday Tree” still has its’ lights.

“Holiday lights no more”

Twinkly strings of holiday lights strung outside businesses and homes in Carmel officially became illegal Jan. 11. According to city building official Tim Meroney, the municipal code’s exception for holiday lights ended Wednesday and an “enforcement team” will begin the search for scofflaws this weekend.

“That includes even the residential areas,” Meroney said.

Commercial and residential violators of the rules of exterior lights could be subject to fines.

(The Carmel Pine Cone, January 12, 2007, page 9A.)

For sixteen days now, from Friday January 12 to the present, the city’s “enforcement team” has apparently missed the City’s “Holiday Tree” at Ocean Av. & Junipero Av.

Conclusion: Apparently, the only “scofflaw” in Carmel-by-the-Sea is the “City of Carmel-by-the-Sea.”

Friday, January 26, 2007

Fire Chief Andrew Miller Responds to Carmelite's Questions About Fire Hydrants/Water Mains Situation

On Saturday, 20 January 2007, a Carmelite contacted Fire Chief Andrew Miller with the following two questions:

"Of the 172 "operational fire hydrants," how many has the Carmel-by-the-Sea Fire Department tested for water flow?"
"How many does the Fire Department intend to water flow test monthly?"


Fire Chief Andrew Miller’s Response (Tuesday, 23 January 2007):

"To answer your questions, we have service tested and performed basic maintenance on all of the 201 fire hydrants and have flow tested a total of 94 fire hydrants within the City. The problem hydrants are the ones that are connected to the 80 year old corroded 4” water mains; we have tested all of these hydrants and have passed the information on the non-operational hydrants to Cal-Am. We are continuing with the flow testing process and plan on having the remainder of the fire hydrants flow tested by the end of the year. Once we have flow tested all of the 201 fire hydrants we will follow the National Fire Protection Association recommendation of flow testing 1/5 of the fire hydrants annually, thus all fire hydrants will be flow tested every 5 years. We will continue to service and maintain all 201 of the fire hydrants on an annual basis."

COMMENTS:

Fire Chief Andrew Miller’s presentations to the public at City Council meetings about the fire hydrants and water mains situation have read like PR announcements. And while it may be understandable that the city has instructed Fire Chief Miller to minimize the failure of the Carmel-by-the-Sea Fire Department to conduct standard tests over an 11 year period, it is unacceptable to mislead Carmelites through sins of omission. Moreover, Carmelites should not have to individually contact the city to have simple, basic questions answered. Therefore, during future presentations to the public at City Council meetings, Fire Chief Miller should give more comprehensive presentations and answer any and all questions from Carmelites during the meeting of his presentation.

Thursday, January 25, 2007

Carmel Register of Historic Resources


Resource Name: Kathryn Waite House
Property Owners: Roy and Kim Scheingart
Location: Carpenter St. & 5th Av., N.E. Corner
Distinction: Mr. & Mrs. Scheingart applied for a Mills Act contract in late 2005. In January 2006, their residence was one of 43 historic resources removed from Carmel’s Inventory of Historic Resources by the Historic Resources Board; later, after the California Coastal Commission Staff communicated to the City of Carmel-by-the-Sea that this action was a violation of the city’s Local Coastal Program, their historic resource was returned to the Inventory. Later, Mr. & Mrs. Scheingart withdrew their application for a Mills Act contract, according to the city.

Carmel Register of Historic Resources
(Resource Name, APN, Date Listed, Location)

Talbert Josselyn House
APN: 010-043-010 Date Listed: 1/2005
E/s Santa Rita St. between Ocean Av. & Mt. View Av.

La Canzone del Mar
APN: 010-267-005 Date Listed: 2/2005
Carmelo & 7th Av., N.W. Corner

Gertrude McCaslin House
APN: 010-211-007 Date Listed: 2/2005
Monte Verde St. 2 N.E. 5th Av.

M. J. Murphy Spec.
APN: 010-152-009 Date Listed: 7/2005
11th Av. 2 N.W. Mission St.

Kathryn Waite House
APN: 009-164-008 Date Listed: 9/2005
Carpenter St. & 5th Av., N.E. Corner

Marchen Haus
APN: 010-155-010 Date Listed: 10/2005
11th Av. & Dolores St., N.E. Corner

Elizabeth F. Armstrong House #2
APN: 010-193-005 Date Listed: 10/2005
Lincoln St. 3 N.W. 9th Av.

Spinning Wheel
APN: 010-201-014 Date Listed: 6/2006
E/s Monte Verde St. between Ocean Av. & 7th Av.

NOTE: The Carmel Register of Historic Resources represents only historic resources placed on the Register post-Local Coastal Program certification in late 2004. There are other historic properties on the Register which were placed on the Register pre-late 2004, but the city does not have a list of these historic resources, according to Senior Planner Sean Conroy.

Reference:
Carmel-by-the-Sea
Municipal Code

Chapter 17.32
HISTORIC PRESERVATION

17.32.090 Carmel Register of Historic Resources.

The City shall maintain a Register of Historic Resources designated by the City for public recognition and benefits. Only identified historic resources included in the Carmel Inventory are eligible for the register.

A. Individual Resources.

1. Resources, identified as significant at a State or national level in the inventory, shall be automatically listed in the register.

2. Resources, identified as significant at a local or regional level in the inventory, shall be eligible for listing in the register only at the request of the property owner. Listing of a local resource in the register shall be subject to approval by the Board.

3. All historic resources previously designated for listing under prior City ordinances shall remain on the register except as provided in subsection (C) of this section.

Wednesday, January 24, 2007

UPDATE: Historic Appeals to the Historic Resources Board (November 2005-January 2007)


Resource Name: Thomas Prudan House
E/s Carmelo bet. 10th & 11th (Carmelo 2 N.E. 11th Av.)
Distinction: Removed from Carmel Inventory of Historic Resources by the Historic Resources Board at 19 December 2006 Meeting

UPDATED TABULATION OF HISTORIC APPEALS TO THE HISTORIC RESOURCES BOARD
November 2005 – January 2007


APPEALS GRANTED: 32

APPEALS DENIED: 18

APPEALS DISMISSED: 14

APPEALS OF A PRELMINARY DETERMINATION OF INELIGIBILITY:
GRANTED: 1
DENIED: 3

TOTAL NUMBER OF APPEALS: 68


HISTORIC APPEALS TO THE HISTORIC RESOURCES BOARD, OCTOBER, NOVEMBER,DECEMBER 2006 & JANUARY 2007
(Name of Property Owner, Physical Location, Resource Name, APPEAL GRANTED or DENIED)


CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD
Regular Meeting
22 January 2007


APPEAL
Consideration of appeal of the City’s determination to place an existing residence located in the Single Family Residential (R-1) District on the City’s Inventory of Historic Resources.

Luella Richter Floyd
Monte Verde St. & 9th Av., N.W. Corner
Resource Name: Etta C. Fletcher Houses
APPEAL GRANTED

CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD
Regular Meeting
19 December 2006


BOARD MEMBERS:
ERIK DYAR
ELINOR LAIOLO
ERLING LAGERHOLM
JULIE WENDT, CHAIRMAN

APPEALS
Consideration of appeals of the City’s determination to place existing residences located in the Single Family Residential (R-1) District on the City’s Inventory of Historic Resources.

Anna Yateman
E/s Carmelo bet. 10th & 11th (Carmelo 2 N.E. 11th Av.)
Resource Name: Thomas Prudan House
APPEAL GRANTED

Darwin Barrett
E/s Monte Verde St. between 8th Av. & 9th Av.
Resource Name: John Arnot House
APPEAL GRANTED

Graeme & Christine Robertson
S.E. Corner Perry Newberry & 6th Av.
Resource Name: Richard M. Carlin House
APPEAL GRANTED

Kenneth & Roberta Grisales
W/s Lopez between 2nd Av. & 4th Av. (Lopez 5 N.W. 4th Av.)
Resource Name: John Cosmos House
APPEAL GRANTED

CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD
Regular Meeting
20 November 2006


BOARD MEMBERS:
ERIK DYAR
ELINOR LAIOLO
ERLING LAGERHOLM
JULIE WENDT, CHAIRMAN

ADMINISTRATION
Consideration of an action by the Board to dismiss the following appeal applications due to inactivity or not submitting evidence to support an appeal:

Stewart Family Trust
W/s Torres bet. 8th & 9th
Resource Name: Dr. & Mrs. Chester Magee
APPEAL DISMISSED

Judith Reibel
W/s San Carlos bet. 13th & St. Lucia
Resource name: Mr. & Mrs. William Junk House
APPEAL DISMISSED

APPEALS
Consideration of appeals of the City’s determination to place existing residences located in the Single Family Residential (R-1) District on the City’s Inventory of Historic Resources.

Virginia Hayes
E/s San Antonio bet. Ocean & 4th
Resource Name: Dorothy Green Chapman House
APPEAL DENIED

Margaret Kim
W/s San Antonio bet. Ocean & 4th
Resource Name: House No. 3 for E. M. White, Sand & Sea
APPEAL GRANTED

Gwendolyn Metz
W/s San Antonio bet. Ocean & 4th
Resource Name: happy Harbor, Sand & Sea
APPEAL GRANTED

David Liskin
W/s San Antonio bet. Ocean & 4th
Resource Name: House No. 5 for E. M. White
APPEAL GRANTED

Marcia Green
NW Corner Guadalupe & 3rd
Resource Name: Ye Old Wood-haven
APPEAL DENIED (2-2)

CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD
Regular Meeting
16 October 2006


COMMITTEE MEMBERS:
PAUL COSS
ERIK DYAR
ERLING LAGERHOLM
JULIE WENDT, CHAIRMAN

APPEALS
Consideration of appeals of the City’s determination to place existing residences located in the Single Family Residential (R-1) District on the City’s Inventory of Historic Resources.

Richard L. Walker
W/s Torres bet. 8th & 9th
Resource Name: Frank Lloyd Spec House
APPEAL DENIED

NOTE: For a List of Historic Appeals to the Historic Resources Board, November 2005 – September 2006, please click on Post of Tuesday, October 10, 2006.

Tuesday, January 23, 2007

City Council Record on Appeals of the Historic Resources Board: 12 of 12 Appeals Granted


Resource Name: Fraser Hancock House
Location: Casanova & 10th Av., N.E. Corner
Distinction: 11th Appeal of Historic Resources Board Granted by City Council

Summary:
An updated list of all appeals of the Historic Resources Board’s decisions to the City Council; of a total 12 historic designation appeals to the City Council between May 2006 and January 2007, the City Council has granted all 12 appeals; 12 properties removed from Carmel’s Inventory of Historic Resources.

UPDATE: LIST OF HISTORIC RESOURCES BOARD APPEALS TO THE CITY COUNCIL
May 2006 – January 2007
(Name of Property Owner, Physical Location, Resource Name, APPEAL GRANTED or DENIED)


CITY COUNCIL 9 JANUARY 2007 MEETING
Patrick Paw and Caroline Wong
N.E. Corner Casavova & 10th Av.
Resource Name: Fraser Hancock 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.

Virginia Hayes
E/s San Antonio Av. between Ocean Av. & 4th Av.
Resource Name: Mrs. Dorothy Green Chapman 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 20 November 2006.

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.

Monday, January 22, 2007

City Council Appointments to Area Organizations

City Council Agenda
Regular Meeting
January 9, 2007


XI. Orders of Council
A. Consideration of appointments/reappointments to the following city council organizations with Carmel-by-the-Sea representation:
Association of Monterey Bay Area Governments (AMBAG), Carmel Regional Fire Ambulance Authority (CRFA), Community Human Services Project, Fort Ord Reuse Authority (FORA), Monterey Regional Waste Management District (MRWMD), Monterey-Salinas Transit District (MST), Overall Economic Development Commission (OEDC), Transportation Agency for Monterey County (TAMC), Monterey Peninsula Water Management District PAC, and the Carmel Chamber of Commerce board of directors.

CITY HALL
Carmel-by-the-Sea
CITY COUNCIL APPOINTMENTS


CITY COUNCIL SUBCOMMITTEE:
Agenda Review:
Mayor Sue McCloud and Mayor Pro Tempore

COMMUNITY ORGANIZATIONS WITH CARMEL-BY-THE-SEA REPRESENTATION:

Association of Monterey Bay Area Governments (AMBAG): Council Member Ken Talmage
Board of Directors (2006): City of Carmel-by-the-Sea Representive: Paula Hazdovac, Councilmember

AMBAG Information:
445 Reservation Road, Suite G
P.O. Box 809
Marina, California 93933
Ambag Online: www.ambag.org
e-mail: info@ambag.org
phone: (831) 883-3750
fax: (831) 883-3755

Mission Statement
“The Association was organized for the permanent establishment of a forum for planning, discussion and study of regional problems of mutual interest and concern to the counties and cities in Monterey, San Benito, and Santa Cruz Counties; and for the development of studies, plans, policy and action recommendations.”

Carmel Regional Fire Ambulance (CRFA): Council Member Gerard Rose
http://ci.carmel.ca.us/fire3.html

On 6th Ave between Mission and San Carlos Streets
P.O. Box 6418
Carmel-by-the-Sea
Phone:831-620-2030
Fax:831-620-2034

Community Human Services Project: Laurel Schumann
http://www.chservices.org/

COMMUNITY HUMAN SERVICES
ADMINISTRATIVE OFFICES
1178 Broadway, Seaside
P.O. Box 3076, Monterey, CA 93942-3076
Phone: (831) 899-4131, Fax: (831) 899-5529
email: info@chservices.org

“Community Human Services is a non-profit Joint Powers Authority (JPA.) Board members and their alternates are appointed by members of each of the 14 city and school district members.”

“The mission of Community Human Services is to alleviate the human suffering and community problems in Monterey County caused by substance abuse and mental health issues.”

“Community Human Services was founded in 1969 by parents concerned about the rising use of drugs among Monterey Peninsula youth. The group was incorporated as a non-profit 501(c)(3) in 1971. Three years later, the agency organized with major cities and school districts in Monterey County and filed with the state for additional status as a Joint Powers Authority.”

“In October 2002, Community Human Services and Family Service Agency of Monterey County merged to create one agency dedicated to supporting children, families and adults. This merger - pooling the resources and strengths of both agencies - enhances existing services to the community.”


Fort Ord Reuse Authority (FORA): Mayor Sue McCloud
Council Member Gerard Rose, Alternate
http://www.fora.org/

Fort Ord Reuse Authority
100 12th Street, Building 2880
Marina, CA 93933

Phone: 831-883-3672
Fax: 831-883-3675

Mission Statement
“The Fort Ord Reuse Authority (FORA) is responsible for the redevelopment of the former Fort Ord Military Installation, a 45 square mile/28,000 acre facility, located on Monterey Bay near the Monterey Peninsula.”

“FORA implements this legislatively mandated mission by overseeing replacement land use; assuring compliance with adopted measures; removing physical barriers to reuse; financing and constructing major components of the required infrastructure and basewide demands; and protecting identified environmental reserves. FORA exercises its planning, financing, and monitoring responsibilities under state law authority to meet these objectives in the best interest of the Northern Monterey Bay Community.”


Monterey Regional Waste Management District: Mayor Sue McCloud
Vice Chair, June 1998-December 2006.
http://www.mrwmd.org/

14201 Del Monte Boulevard
P.O. Box 1670
Marina, California 93933-1670
Phone: (831) 384-5313
Fax: (831) 384-3567

“The award winning Monterey Regional Waste Management District is home to the Last Chance Mercantile reuse store, Household Hazardous Waste Collection Facility, Public Drop-off Recycling Center, Material Recovery Facility, Landfill Gas Renewable Energy Power Plant, Small Planet School Education Garden, and the Monterey Peninsula Landfill.”

“Our mission is to provide the highest quality, cost-efficient integrated waste management services to the greater Monterey Peninsula while preserving our environment and protecting public health through the reduction, reuse, recycling and safe disposal of our wastestream.”


Monterey Salinas Transit District (MST): Council Member Mike Cunningham
http://www.mst.org/

“Our mission...leading, advocating, and delivering quality public transportation.”

“Monterey-Salinas Transit serves a 359 square-mile area of Monterey County and Southern Santa Cruz County. MST's 33 routes serve an estimated 352,000 population based upon the area within 3/4 mile of established routes within the county.”

Overall Economic Development Commission (OEDC): Council Member Paula Hazdovac
http://www.co.monterey.ca.us/bcandc/oedc.htm

“The OEDPC shall be the principal coordinator of various local activities designed to stimulate new private and public investment and provide employment and growth opportunities in the County of Monterey.”

Transportation Agency for Monterey County (TAMC): Council Member Mike Cunningham
http://www.tamcmonterey.org/

Phone: (831) 775-0903
Fax: (831) 775-0897
Email: info@tamcmonterey.org
Address:
55-B Plaza Circle
Salinas, CA 93901-2902

“DEVELOP AND MAINTAIN A MULTIMODAL TRANSPORTATION SYSTEM THAT ENHANCES MOBILITY, SAFETY, ACCESS, ENVIRONMENTAL QUALITY AND ECONOMIC ACTIVITIES IN MONTEREY COUNTY.”

Monterey Peninsula Water Management District - PAC: Council Member Paula Hazdovac
http://www.mpwmd.dst.ca.us/

5 Harris Court, Building G,P.O. Box 85, Monterey, CA 93942-0085 (USA)
Water Permit & Conservation Office: (831) 658-5601 Fax: (831) 644-9558
Administrative Offices: (831) 658-5600 Fax: (831) 644-9560

MISSION STATEMENT
"TO MANAGE, AUGMENT, AND PROTECT WATER RESOURCES FOR THE BENEFIT OF THE COMMUNITY AND THE ENVIRONMENT"

Carmel Chamber of Commerce, Board of Directors: City Administrator Rich Guillen
http://www.carmelcalifornia.org/

CARMEL, CALIFORNIA VISITORS CENTER
On San Carlos between 5th & 6th
(One and a half blocks north of Ocean Avenue)
P.O. Box 4444, Carmel-by-the-Sea, CA 93921
(800) 550-4333
(831) 624-2522; FAX: (831) 624-1329
email: info@carmelcalifornia.org
website: www.carmelcalifornia.org

“The Carmel Chamber of Commerce will promote business, marketing, and networking opportunities to benefit its members professionally and economically.”

Sunday, January 21, 2007

Carmel-by-the-Sea
City Council
Regular Meeting
Tuesday, January 9, 2007


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

A. Announcements from City Administrator.
• Receive Art Inventory update

Ellen Osterkamp entered into an agreement with the City of Carmel-by-the-Sea in May 2006 to complete an inventory and appraisal of the city’s art collection. She reported that the City of Carmel-by-the-Sea owns “at least 905 pieces” of art. The city collection includes works by notable artists, including Armin Carl Hansen, Edward Weston, Morley Baer, Lynn Lupetti and Loren Speck. She has completed the inventory and has begun the appraisal process. The Inventory consists of a binder of photos of the 905 artworks. Of the total 905 pieces of art, approximately 200-250 are photographs, including 140 Edward Weston photographs and 35 Morley Baer photographs. The entire collection will be appraised for deaccession and insurance purposes.

Reference:
Special Meeting
Tuesday, May 23, 2006

IV. Orders of Council

A. Consideration of a Resolution entering into a professional services agreement with Ellen Osterkamp for art inventory and art appraisal services in an amount not to exceed $90,000.

Selected excerpts from Staff Report by Christie Miller, Community Services Manager.

SUMMARY
Entering into a Professional Services agreement with Ellen Osterkamp to complete an inventory and appraisal of the City owned art collection will address GASB 34 and the requirements for insurance coverage. The project is to be completed by June 30, 2007.

BACKGROUND

The City has an extensive art collection in excess of 1,000 pieces. In 2000 and 2002 an inventory and appraisal was completed for insurance purposes valued at $1.6 million of art located at City Hall, Sunset Center and Harrison Memorial Library-Main Branch. The City owned art collection is made up of various degrees of quality, with past appraisals ranging from $300-$95,000 per item. These pieces have been acquired over the years, mostly by donation. The Harrison Memorial Library-Park Branch was not inventoried/appraised at that time. The majority of the city owned art is located at the Park Branch, which could number over 700 individual pieces.

Since the 2000 and 2002 appraisals, a few pieces have been added with the stated values, as they have been acquired. However, the previous appraisal did not cover art or other archival property of value located at the Park Branch Library. The City's current insurance only provides coverage for "scheduled" fine art. Therefore a loss of an unscheduled piece would not be covered. An updated inventory of art with appraised values for those pieces, which are not on the current schedule, would provide the City's insurance carrier with the necessary information to add additional pieces to the current policy.

Government Accounting Standard Board (GASB) 34 requires the City to capitalize its assets. For works of art, GASB 34 requires the city to establish a capitalization policy and to record works of art acquired or donated after June 30, 2002. The City has until June 30, 2007 to complete its capitalization inventory. The City’s financial statements are submitted to the State and to bond reporting agencies; therefore non-compliance would have a negative impact on our financial status and bond ratings.

Total Estimated cost for Park Branch: $63,000
􀂾Inventory Park Branch estimated 800 pieces Cost: $28,000.
􀂾Appraisal of pieces estimated 700 pieces Cost: $35,000

Estimated cost for updated inventory/appraisals (excluding Park Branch): Cost: $27,000
􀂾Inventory of all art pieces (excluding Park Branch) would include pieces at City Hall, Sunset and Harrison Memorial Library Main Branch. Approximately 300 pieces Cost: $10,500
􀂾Update appraisals (City Hall, Sunset and Harrison Memorial Library Main Branch. Approximately 300 pieces. Cost: $16,500.00

Estimated cost to for entire city owned art inventory/appraisal not to exceed $90,000.

Note: According to a former member of the Carmel Art Board, one of the reasons for the mass resignations of Carmel Art Board Members was that they were engaged with a professional to complete the inventory of the city’s art collection. During this ongoing process, the City Council, namely Mayor Sue McCloud, usurped that authority of the Carmel Art Board and instead arranged for another individual to complete the inventory and appraisal of the city’s art collection.

Saturday, January 20, 2007

OPINIONS Sans Evidence


National Register of Historic Resources Flanders Mansion
Mission Trail Nature Preserve
Carmel-by-the-Sea, CA.

In regard to The Carmel Pine Cone’s 19 January 2007 Editorial, “Letting the people have their way;” the Editorial posits that the fate of the Flanders Mansion was a “central campaign issue” in “several different elections” and “the candidates who wanted to sell Flanders Mansion won, and the candidates who wanted to keep it lost.” In reality, the issue of Flanders Mansion was never a “central campaign issue” in any recent City Council election. While candidates who won may have gone on record supporting the sale of Flanders Mansion, there is no evidence that this stance was the reason those candidates won. Moreover, no recent election has been decided on one single issue.

The Editorial claims that “a small group of people who foresee a public use for the mansion have forced the city of Carmel to defend their decision at great expense through a long, drawn-out trek through the courts;” and this represents an “end-around democracy.” Flanders Foundation vs. the City of Carmel-by-the-Sea et al. alleges violations of state and local law, i.e., CEQA, Government Code, General Plan, and Municipal Code. Violations of law are not synonymous with “an end-around democracy.” If fact, the City’s record of violating the Municipal Code, General Plan and Local Coastal Program, i.e., removal of 43 historic resources from the Carmel Inventory of Historic Resources as a group, installation of signs in Mission Trail Nature Preserve without a coastal permit, installation and operation of lights in the Ocean Av. medians without a amendment to the Municipal Code, et cetera, demonstrate the City Council’s refusal to abide by the law. Hence, a lawsuit against the City is the only recourse available to citizens to ensure City Council Members uphold their duties and responsibilities to Carmelites and the democratic process.

The Editorial states “None of the arguments made by the Flanders Foundation attorney in court even approached that standard” of overturning a decision of the City Council. Owner/Publisher/Editor Paul Miller of The Carmel Pine Cone was not present during the Writ of Mandate Hearing on Thursday, 11 January 2007. Nor is there any evidence in the editorial or elsewhere that Paul Miller read the administrative record (2,000 pages) which represents the basis of Judge Robert A. O’Farrell’s upcoming decision. Hence, Paul Miller’s claim that Attorney Susan Brandt-Hawley’s arguments did not approach the standard of overturning the City Council decision is not based on actually hearing those arguments in court.

Finally, this Editorial illustrates the deficiency in The Carmel Pine Cone as a local source of news about Carmel-by-the-Sea. To wit, Paul Miller, as Owner/Publisher/Editor/Reporter, fails to honor and uphold the principles of journalism; namely, “Journalism’s First Obligation Is To The Truth,” “Its First Loyalty Is To Citizens,” “Its Essence Is A Discipline Of Verification,” “Its Practitioners Must Maintain An Independence From Those They Cover,” and “It Must Serve As An Independent Monitor Of Power.” Moreover, while editorialists are not neutral, “the source of their credibility is still their accuracy, intellectual fairness and ability to inform—not their devotion to a certain group or outcome.” Sadly for Carmelites, Paul Miller has betrayed the public trust by not adhering to the above enunciated “principles of journalism.”

Thursday, January 18, 2007

Open Letter to Tim Meroney, Building Official


Flanders Mansion Roof Condition
Note: No Waterproofing of Exterior Walls, Roof, as required by 17.32.210 A.2.h.

Detached/Broken Roof Tiles from Flanders Mansion

Detached Ivy from Exterior Wall of Flanders Mansion

Garbage near Front Door of Flanders Mansion
No removal of all debris, as required by 17.32.210 B.3.c.

Open Letter to Tim Meroney, Building Official:

In the interest of assisting you in belatedly complying with Carmel-by-the-Sea Municipal Code Chapter 17.32 Historic Preservation, 17.32.210 Maintenance and Upkeep (i.e., chronicling the “defects,” “damage from weather,” “ineffective waterproofing of exterior walls, roofs,” and “removal of all debris), please view the photos of Flanders Mansion detached roof tiles, detached ivy from the exterior wall and garbage near the front door.

Reference:
Selected pertinent excerpts, as follows:

Carmel-by-the-Sea
Municipal Code
Chapter 17.32
HISTORIC PRESERVATION
17.32.210 Maintenance and Upkeep.
A. Minimum Maintenance.


1. All resources included in the inventory shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather and/or vandalism.

2. Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects.

a. Building elements so attached that they may fall and injure members of the public or property.

b. Deteriorated or inadequate foundation.

c. Defective or deteriorated flooring.

d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

e. Members of ceilings, roofs, ceilings or roof supports or other horizontal members which that sag, split or buckle due to defective materials or deterioration.

f. Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.

g. Deteriorated, crumbling or loose exterior plaster.

h. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

i. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

j. Any fault, defect or deterioration in the building which that renders it structurally unsafe or not properly watertight.

3. If the Building Official determines that a historic resource or any other property is being neglected and subject to damage from weather or vandalism, the Director and/or Building Official shall meet with the owner or other person having legal custody and control of the historic resource to discuss with them ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the Building Official may issue a notice to comply requiring the owner or other person having legal custody and control of the historic resource to take action to require corrections of defects in the subject property in order that such historic resource may be preserved in accordance with this section.

B. Protection of Deteriorated, Vacant and Vandalized Resources.

3. Security measures that the Building Official may order shall include, but not be limited to, the following:

c. The removal of all debris from the premises, including but not limited to wood, paper, cans, bottles and fecal matter.

Additionally, the 12 December 2006 City expense of $3,800.00 to Gates Tree Service, Inc. for “tree pruning at Flanders Property” could have been better spent ameliorating the defects and damage to the National Register of Historic Places structure itself.

In summary, in accordance with your duties and responsibilities as the city’s building official, it is incumbent on you to inspect, chronicle the defects and damage, et cetera, and “take action to require corrections of defects” to the Flanders Mansion. Only then can the city fulfill the purpose of section 17.32.210---“to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather and/or vandalism.”

Wednesday, January 17, 2007

PART II: City’s Fire Hydrants & Water Mains Situation

FIRE: “It's the largest single cause of property loss in the United States. In the last decade, fires have caused direct losses of more than $120 billion and countless billions more in related costs.”
(Source: http://www.iso.com/studies_analyses/ppc_program/)

Carmel-by-the-Sea
City Council
Regular Meeting
Tuesday, January 9, 2007


VI. Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the 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.

Carmel-by-the-Sea resident Monte Miller:
“As a resident, I have a question on the Fire Report. It’s never been clear to me that everything’s been tested, I know that we’ve got 29 fire hydrants that don’t work, but it seems like it’s an engineering, statistical thing, that we could say there’s x number of fire hydrants, they’ve all been tested and 29 are the only ones wrong, we have yet to hear that. I would like, maybe someone could answer that.”

Note: Apparently the Fire Department originally tested (operation and water flow) all the fire hydrants on the 4” mains and discovered 29 fire hydrants with insufficient capacity. The fire hydrants on 8” mains and above are being flow tested on a monthly basis. All of the 201 fire hydrants have been tested for operation only.

Roberta Miller, President of the Carmel Resident’s Association:
“The Carmel Residents Association Board has asked previously about the City’s ISO rating. And we hope that you can answer these questions. We know that Carmel’s last ISO evaluation was almost 12 years ago in February 1995. And that it gave the City a Class 4 rating, considered very good. Chief Miller told us at the end of 2005 that the Carmel Fire Department had completed a community outreach program questionnaire, the precursor for a reevaluation a year or two before."

"Our questions are, and there are 3 of them:"
"Has the city been contacted since filling out the community outreach questionnaire for a field survey and reevaluation?"

"If not, when do you expect to be reevaluated by the ISO?"

"Do you anticipate, with the changes in our department, from 12 years ago, that our rating could change for the better or for the worse?"

"Thank you.”


In response, City Administrator Rich Guillen stated, “On the questions related to the fire hydrants and fire issues Chief Miller...better to have him just report back at the next month meeting on all those questions that we were asked tonight.”

Notes: ISO refers to Insurance Services Office, Inc. ISO is a private agency that evaluates communities' firefighting capabilities. Many insurance companies use these ratings to determine the premiums to charge residential and commercial property owners. The classification considers the fire department's capabilities, available water for fire fighting and the ability to quickly and accurately dispatch the closest fire stations.

The classifications are on a scale of 1 to 10 with lower numbers generally meaning lower insurance premiums.

I.S.O. "normally" only reviews communities every 10 to 15 years unless the annual survey information (improvements) they receive merits a review sooner.

For more information, click on the post title above or http://www.iso.com/.

Tuesday, January 16, 2007

PART I: City Fire Hydrants & Water Mains Situation

FIRE: “It's the largest single cause of property loss in the United States. In the last decade, fires have caused direct losses of more than $120 billion and countless billions more in related costs.”
(Source: http://www.iso.com/studies_analyses/ppc_program/)


Carmel-by-the-Sea
City Council
Regular Meeting
Tuesday, January 9, 2007


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

A. Announcements from City Administrator.
• Receive Fire Hydrant Report

SUMMARY of Fire Chief Andrew Miller’s Remarks:

Update on the current situation on the Fire Hydrant issue in the City of Carmel.

“Good news...out of all the hydrants, approximately half of them, we’re looking at starting work right away and hopefully getting those resolved within the next 6 months.”

“Cal-Am has been very responsive…we have a plan, we have our priorities set, we have contingency plans...”


Series of Public Service Announcements planned; The Carmel Pine Cone and press releases to The Herald and other publications and ads to update the community on progress.

Of 29 fire hydrants, Fire Chief Miller plans to have approximately 15 fire hydrants back in service by June 2007. Of the other 14 fire hydrants, there are 2 issues; hydrant relocation and main replacement. Hydrant relocation involves relocating fire hydrants from 4” mains to 8” mains or above. Main replacement is “very expensive” and he stated “we’re still working with Cal-Am to determine how those are going to be replaced and how it’s going to be paid for.”

Earlier, Mayor Sue McCloud stated in her Annual Report, of the 210 total fire hydrants, “many had not been flow tested for over 20 years and thanks to Chief Miller’s professionalism, testing has now caught up and as a result 29 have insufficient fire flow capability. The department is working with Cal-Am, who owns the water mains and the hydrants, to prioritize upgrades or replacements of the hydrants and water mains whose clogged 4” galvanized pipes were installed in the 1930s.”

Monday, January 15, 2007

Abbreviated Summary: Mayor’s Annual Report

Carmel-by-the-Sea
City Council
Regular Meeting
Tuesday, January 9, 2007


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

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

• Receive Mayor’s annual report.

Year ending June 30, 2006, the City’s finances “over $700,000 in the black.”

“We will continue to budget conservatively, given the fragile nature of our reserves, that are based primarily on one source, guess what, tourism.”

Note: With Mayor McCloud’s use of the word “reserves” in the above quotation, it appears that she is confused about the distinction between General Fund and Reserve Funds. Moreover, a surplus by definition means the City did not expend reserve funds to balance the budget; contrary to City Administrator Rich Guillen’s claim that the City depleted Capital Improvement Reserves in FY 2005/06.

Fiscal Year 2006/07 Budget Year City Council established 6 priority objectives for the City Administrator.

I. Complete the Fire Station Retrofit on time and within budget.

II. Review and provide policy guidance to Council on ambulance service and costs.
Carmel’s subsidy to the Carmel Regional Fire Ambulance (CRFA) was reduced by over $100,000.

III. Update General Plan, Historic Context Statement and the Del Mar Specific Plan.
General Plan: Pulled Consent Calendar item approved at 9 January 2007 meeting.
Historic Context Statement: Pulled Consent Calendar item approved at 9 January 2007 meeting.
Del Mar Specific Plan: Projected completion date June 2008.

Reference:
Regular Meeting
Tuesday, January 9, 2007

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 for discussion and action.

E. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with the firm of RBF Consulting in an amount not to exceed $166,488 for the General Plan Update project.

F. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with the firm of Architectural Resources Group for preparation of an update to the City’s Historic Context Statement in an amount not-to-exceed $63,000.

IV. Plan for requirements for storm water runoff and Areas of Special Biological Significance (ASBS)
“Carmel has rejoined the regional participants group in order to obtain a storm water permit. To protect the ASBS areas, Carmel is working with other cities and the Pebble Beach Company to find a solution.”

Note: Mayor McCloud failed to mention the following: On the Consent Calendar of the 12 September 2006 City Council Meeting was the agenda item “Consideration of a Resolution agreeing to a payment of $125,000 to the Pebble Beach Company for legal costs associated with the Areas of Special Biological Significance Cease and Desist Order and approving a payment schedule.” The payment schedule included another $125,000, for a total of $250,000, will be paid to the Pebble Beach Company in Fiscal Year 2007/08. Apparently, Latham and Watkins, the law firm hired by Pebble Beach, appealed for a waiver on behalf of Carmel-by-the-Sea to avoid complying with the regulations. The waiver was denied. The City, as Mayor McCloud stated above, then decided to work with other Peninsula cities.

V. Set up a Forest Theatre Enterprise Fund and work with the Forest Theatre Foundation to establish phases for implementation of the Theatre Master Plan.
Fire sprinkler installation in the Indoor Theatre completed.

Note: Expense of Fire Sprinkler installation $18,000.

VI. Promote revenue growth.
A fully funded member of MCCVB (Monterey County Convention & Visitors Bureau.)
Tourism Improvement District (TID) will raise an additional $100,000 for regional marketing.
Establish an Ad Hoc Carmel Working group to develop plans for revenue growth.

Note: At the City Council’s 22 June 2006 Special Meeting, the City Council unanimously voted to join MCCVB as a “fully funded” member at the cost of $108,000/year.

Abbreviated Highlights:

Fire Hydrant & Water Main Situation: of the 210 total fire hydrants, “many had not been flow tested for over 20 years and thanks to Chief Miller’s professionalism, testing has now caught up and as a result 29 have insufficient fire flow capability. The department is working with Cal-Am, who owns the water mains and the hydrants, to prioritize upgrades or replacements of the hydrants and water mains whose clogged 4” galvanized pipes were installed in the 1930s.”

Note: "Though most jurisdictions test 20 percent of their hydrants each year, Carmel hadn’t conducted flow tests since 1995, according to Fire Chief Andrew Miller." (Source: “29 HYDRANTS FLUNK TEST, FIRE CHIEF SAYS,” Mary Brownfield, The Carmel Pine Cone, September 1, 2006.) Ergo, The Carmel Pine Cone reported that the fire hydrants had not been water flow tested for 11 years (1995-2006), contradicting Mayor McCloud’s assertion of “over 20 years.”

Public works Projects include:
Redesign of 4th Av. between San Antonio Av. and Monte Verde St.
Repaving of Mission St. between 3rd Av. and 8th Av.
Repaving Junipero Av. between Ocean Av. and 8th Av.
All in process, grants for 2 of 3 projects.

Ken Talmage, former Planning Commissioner, now City Council Member.

Announcement of first Budget Hearing of City Council to set priorities for Fiscal year 2007/08: Tuesday, 27 March 2007.

Sunday, January 14, 2007

Writ of Mandate Hearing Summary: Flanders Foundation vs. City of Carmel-by-the-Sea et al.

On Thursday, 11 January 2007, the Writ of Mandate Hearing for Flanders Foundation vs. City of Carmel-by-the-Sea et al. was held in the Monterey courtroom of Judge Robert A. O’Farrell. Attorney Susan Brandt-Hawley represented Flanders Foundation and Special Counsel William B. Conners represented the City of Carmel-by-the-Sea. The oral presentations were based on the voluminous 2000 page administrative record. The case entails three issues.

I. The City’s Violation of Carmel-by-the-Sea Municipal Code Section 17.32.210 Maintenance and Upkeep, Minimum Maintenance; “Demolition by Neglect”

Attorney Brandt-Hawley alleged that the City of Carmel-by-the-Sea is in violation of the municipal code with respect to the minimum maintenance required for historic resources. She asked Judge Robert A. O’Farrell for an immediate order demanding the City comply with the municipal code to prevent “demolition by neglect.”

Special Counsel Conners argued that the City is not in violation of the municipal code because 17.32.210 is not mandatory, rather it is directory; that is, the word “shall” does not mean mandatory, but discretionary. Furthermore, he argued that since the city’s building official had not inspected, nor amassed a list of deficiencies, as required by the code, the city had not violated the municipal code.

II. The City’s Violation of the California Environmental Quality Act; specifically deficiencies in the Environmental Impact Report, ex. no findings for lease option, mitigation measures, response to comments.

Special Counsel Conners argued that the Final Environmental Impact Report erroneously concluded that the lease option would be the environmentally superior option; the environmental consulting firm of Denise Duffy & Associates was unaware of the condition of sale and therefore did not consider the conditions of sale relative to the lease versus sale option.

III. The City’s Violation of California Government Code 38440-38462 and the City’s General Plan

Attorney Brandt-Hawley alleged that the City of Carmel-by-the-Sea did not follow California Government Code 38440-38462 regarding the procedures for the selling of “parkland;” specifically, the City Council failed to adopt a resolution declaring that the public interest or convenience required the discontinuance of the land as a public park, the City Council failed to hold a protest hearing, the City Council failed to overrule the protests by 2/3 vote and adopt an ordinance setting a date for a special election to submit to voters the proposed sale of the National Register of Historic Places Flanders Mansion on 1.25 acres within Mission Trail Nature Preserve. And Attorney Brandt-Hawley stated that the City allegedly violated the General Plan with regard to maximizing public access to a public park.

Special Counsel Conners argued that the City is under no obligation to follow California Government Code 38440-38462 because the Flanders Mansion has always been used as a Single Family Residence. And a single family residence is not a park, even if the land is zoned P-2 “improved parkland.”

Note: The case was originally filed on 3 November 2005. After nearly 2 ½ hours, at the end of the hearing, Judge Robert A. O’Farrell announced that he would take it under submission; he is expected to issue his decision within 90 days.

Friday, January 12, 2007

Flanders Mansion: "History Rots!"


Flanders Mansion
Mission Trail Nature Preserve
Carmel-by-the-Sea, CA.

For an interesting update on the status of the Flanders Mansion property, click on the post title above for the Monterey County Weekly article, “History Rots: Preservationists Say Carmel Is Purposely Letting Flanders Mansion Deteriorate,” by Jessica Lyons.

The Monterey County Weekly article quoted William B. Conners, the attorney representing the City of Carmel-by-the-Sea, as stating that the City and Flanders Foundation agree that the Flanders Mansion “needs some repairs. The city of Carmel says, ‘We don’t have the money to do this.’”

COMMENTS:

Contrary to Attorney William B. Conners assertion that the City of Carmel-by-the-Sea says “We don’t have the money” to rehabilitate the Flanders Mansion, the City of Carmel-by-the-Sea does indeed have the money to rehabilitate not only Flanders Mansion, but ALL of the city’s cultural and historical assets.

The City of Carmel-by-the-Sea intentionally misleads residents about the city’s financial situation; the city has an annual budget of $12 million AND reserves of nearly $10 million. Ergo, the City can and should not only budget “upwards of $1 million to fix the mansion,” the city should budget for the rehabilitation of the Forest Theatre and the Scout House, for the use of residents, user groups and the public.

Citizens expect their local government to honor their obligations of stewardship. In this instance, the obligation of stewardship of this National Register of Historic Places resource includes “maintenance and upkeep,” per Carmel-by-the-Sea Municipal Code 17.32.210. And it involves making the Flanders Mansion available for public use.

For perspective, the city council has budgeted over $700,000 annually to Sunset Cultural Center, Inc. for their management of the Sunset Center (over $2 million from July 2004-June 2007), yet the city council cannot summon the commitment to maintain the physical infrastructure of the Forest Theatre and the Scout House for far less of an expenditure over time. The city council’s unequal and discriminatory treatment of Carmel’s cultural and historical assets is not is the interest of current residents or future generations of Carmelites!

Reference:
Carmel-by-the-Sea
Municipal Code

Chapter 17.32
HISTORIC PRESERVATION

17.32.210 Maintenance and Upkeep.
A. Minimum Maintenance.
1. All resources included in the inventory shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects. The purpose of this section is to prevent an owner or other person having legal custody and control over a property from facilitating demolition of a historic resource by neglecting it and by permitting damage to it by weather and/or vandalism.

2. Consistent with all other State and City codes requiring that buildings and structures be kept in good repair, the owner or other person having legal custody and control of a property shall repair such building or structure if it is found to have any of the following defects.
a. Building elements so attached that they may fall and injure members of the public or property.

b. Deteriorated or inadequate foundation.

c. Defective or deteriorated flooring.

d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

e. Members of ceilings, roofs, ceilings or roof supports or other horizontal members which that sag, split or buckle due to defective materials or deterioration.

f. Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration.

g. Deteriorated, crumbling or loose exterior plaster.

h. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

i. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

j. Any fault, defect or deterioration in the building which that renders it structurally unsafe or not properly watertight.

3. If the Building Official determines that a historic resource or any other property is being neglected and subject to damage from weather or vandalism, the Director and/or Building Official shall meet with the owner or other person having legal custody and control of the historic resource to discuss with them ways to improve the condition of the property. If no attempt or insufficient effort is made to correct any noted conditions thereafter, the Building Official may issue a notice to comply requiring the owner or other person having legal custody and control of the historic resource to take action to require corrections of defects in the subject property in order that such historic resource may be preserved in accordance with this section.

Thursday, January 11, 2007

GNM76728: Susan Brandt-Hawley vs. William B. Conners


Case Details of GNM76728: Flanders Foundation vs. City of Carmel By the Sea, et al

Writ of Mandate Hearing: Thursday, 1/11/2007, 9:00 A.M., Courtroom 14

Judge: Honorable Robert O’Farrell

Case Number: GNM76728

Case Caption: Flanders Foundation vs. City of Carmel By the Sea, et al

Case Type: Civil: Monterey

Original Filing Date: 11/3/2005

PET/PET Attorney: Flanders Foundation/Susan Brandt-Hawley

RES/RES Attorney: City of Carmel by the Sea & City Council of the City of Carmel/William B. Conners

For more information, click on post title above, click on Index Search, for Select a Division, select “Civil Unlimited,” for Search By Division and Case Number, type M76728, then click Search.

Tuesday, January 09, 2007

Carmel Art Association Presents "WALL OF OPPORTUNITY" & "FIGURES"

Carmel Art Association
Voted “Art Gallery of the Year” by the Carmel Business Association

W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M. Daily

“Founded in 1927, Carmel's oldest gallery features the work of more than 120 professional local artists, and is dedicated to presenting only the finest work for sale by artists living on the Monterey Peninsula.”

The Carmel Art Association’s web site features 105 artists with photo samples of their works; clicking on one of the underlined artist names will present a page of biographical information, et cetera, and more examples of the artist’s artwork.

For more information, click on the post title above, or http://www.carmelart.org/
or (831) 624-6176.


All Member Shows – Thursday, 4 January 2007 through Wednesday, 7 February 2007

“Wall of Opportunity”
Segal Room
A once a year sales event, Carmel Art Association artists offer oils, watercolors, mixed media, et cetera, at reduced prices.

“Figures”
Entry
Carmel Art Association artists offer figurative paintings and drawings in a variety of media and styles.

Monday, January 08, 2007

ATTORNEY FOR CLAIMANT: "CARMEL...breached its duties, acted negligently, and/or acted or failed to act, in violation of applicable statues,..."

The latest indication that our streets, roads and avenues are not being adequately maintained by the City of Carmel-by-the-Sea. With a $12 million annual budget and nearly $10 million in reserves, there is no excuse for the poor condition of our transportation infrastructure.

City Council Agenda
Regular Meeting
January 9, 2007


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 for discussion and action.

I. Deny and Refer Claim for Damages – Lisa Michelle Parker.


Meeting Date: January 9, 2007
Prepared by: Jane Miller, Human Resources Manager
City Council
Agenda Item Summary


Name: Deny and Refer Claim for Damages – Lisa Michelle Parker

Description: On November 28, 2006, Michele Kennedy, attorney for Lisa Michelle Parker, submitted a claim on behalf of her client, alleging injury and damages in connection with a bicycle accident on a city street.

Pursuant to City Policy C95-01, claims against the City, which exceed $50,000, are presented to the City Council for consideration and action.

City Funds: Amount claimed: “Unlimited”

Staff Recommendation: Deny the claim and refer to the City’s insurance carrier.

Important Considerations: Once a claim has been filed for damages against the City of Carmel-by-the-Sea, the City has 45 days to take an action. The City’s insurance carrier, St. Paul Travelers, will further review the claim.

Decision Record: None previous

Reviewed by:

______________________________ ___________________
Rich Guillen, City Administrator Date


CLAIM AGAINST CITY OF CARMEL

TO: CITY OF CARMEL

PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE, SECTION 910, et seq. YOU ARE HEREBY NOTIFIED THAT LISA MICHELLE PARKER MAKES A CLAIM AGAINST THE CITY OF CARMEL FOR DAMAGES AND MAKES THE FOLLOWING STATEMENTS IN SUPPORT OF THE CLAIM:


1. The name and post office address of the Claimant is:

Lisa Michelle Parker
3340 Rio Road
Carmel, CA. 93921

2. Claimant requires notices concerning the claim to be sent to:

Michele C. Kennedy, Bar No. 103731
Spiering, Swartz & Kennedy
350 Hartnell Street, Suite A-1
Monterey, CA. 93940
Ph: (831) 373-323
Fax: (831) 373-8211

3. The date, place and circumstances of the occurrence giving rise to this claim is:

On July 3, 2006, at approximately 10:00 a.m. Lisa Michelle Parker, was riding her bicycle, on 10th Avenue in the area of Carmelo and Camino Real Avenue. The front tire of her bicycle caught in a hole in the road, throwing her forward over the handlebars and onto the road.

AT ALL TIMES HEREIN,

CITY OF CARMEL had ownership, an easement, authority, management, control and/or possession of the property where the incident occurred.

CITY OF CARMEL had a duty to plan, design, construct, maintain, inspect, supervise, review, and repair the property where the incident occurred so that it was safe and in compliance with all applicable laws and regulation. This duty included causing others to perform said work so that the property was in a safe condition and in compliance with all applicable laws and regulations.

CITY OF CARMEL had actual notice and/or constructive notice of the dangerous condition of the property where the incident occurred.

CITY OF CARMEL had a duty to warn all foreseeable users of said property of any dangerous conditions on the property such as those conditions that existed at the time of this incident.

CITY OF CARMEL created said condition, failed and/or refused to plan, design, construct, maintain, inspect, supervise, review and/or repair, the property where the incident occurred so that it would be safe and comply with all applicable laws and regulations. CITY OF CARMEL also failed and/or refused to warn the foreseeable users of the dangerous condition of said property.

AT ALL TIMES HEREIN, CITY OF CARMEL, through its agents, employees and/or contractors, breeched its duties, acted negligently, and/or acted or failed to act, in violation of applicable statutes, ordinances, regulations, specifications, and/or laws [collectively referred to as “laws”] of the CARMEL, State of California, United States.

The acts, or failures to act, by the CITY OF CARMEL, through its agents, employees pr contractors, constituted negligence and negligence per se. among other causes of action.

4. General description of indebtedness, obligation, expense, injury, damage or loss incurred due to the alleged occurrence or incident, so far as may be known at this time:

Ms. Parker suffered an closed head injury/post concussion syndrome, neck, left shoulder and back injury, fractured right hand, among other injuries.

5. The name or names of public employees causing injury, damage or loss if known:

Unknown.

6. Amount claimed: This is an unlimited case.

Respectfully submitted,

Dated 27 November 2006 SPIERING, SWARTZ & KENNEDY


MICHELE C. KENNEDY,Attorney for Claimant, Lisa Michelle Parker

Saturday, January 06, 2007

Failure to Respond: Sean Conroy, Senior Planner

A Carmelite emailed the following to Sean Conroy, Senior Planner on 12 December 2006:

Given that the Carmel-by-the-Sea Municipal Code does not allow for the approximately 50 lights installed in the medians on Ocean Av. between Monte Verde St. and Junipero Av. and given that the City’s Contract Code Enforcement Officer David Wright wrote “only Christmas lights were allowed in the commercial district during the holidays,” what action is the Planning Department intending to take with regard to the lights? Are you writing an amendment or addition to the Municipal Code to be placed on an upcoming public hearing with the intent of retroactively approving the lights or are you recommending the removal of the lights until public hearings are held, and only then if lights are approved, changes to the Municipal Code and an LCP amendment reflecting the lawful nature of the lights in the medians on Ocean Avenue?

Thank you for your time and response.

REFERENCES:

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

COMMENT: No Response from Sean Conroy, Senior Planner

Friday, January 05, 2007

PART II (of II): Important Information All Carmelites Should Know About Our "Urbanized" Forest


Monterey Pine Trees At Sunset, Carmel-by-the-Sea, CA.

General Plan/Coastal Land Use Plan Open Space, Conservation & Scenic Highways Element
Supporting Information
Open Space


Existing City Owned Open Space. Several areas and blocks are reserved for park and open space purposes. Table 5.1 lists the existing publicly designated open space in Carmel. Nearly all the parks in Carmel are presently developed to serve the purpose of passive recreation. Figure 7.1 illustrates the location of existing open space areas in Carmel. These open spaces generally fall within the two City zoning designations, P-1 and P-2. These zoning designations regulate uses and protect their status as City open space.

Carmel's Urban Forest. Table 7.2 summarizes the increase in the overall urban forest on both private and publicly owned property as of 1987.

Forestry Management Plan. This Plan establishes criteria for the preservation of the health of all of the City owned trees and foliage within Carmel and specifies techniques for cutting, planting and other aspects of a proper maintenance schedule. Part of this plan inventory illustrates that despite the development which has occurred in Carmel over this past decade (1976-86) the supply of trees has not been adversely affected, but has been improved with younger, more vigorous members of the same species. As noted in the Forestry Management Plan, the City Forestry Department plants on an average of over five hundred trees per year.

Table 7.1: Carmel-by-the-Sea Recreation Facilities/Open Space
Facility--------Acreage-------Facilities/Use------------------ZoningDesignation

1. Carmel Beach 21.5 Swimming, picnicking, other beach related activities P-1

2. Mission Trail Park/Arboretum 35.0 Nature walks, jogging, picnicking, bicycling P-1

3. Devendorf Park .6 Picnic P-2

4. Forest Hill Park 2.4 Natural area, shuffleboard, clubhouse, horseshoe pits, par course physical fitness trail, children’s playground, tennis courts, restrooms P-2

5. Forest Theatre Theatre and park P-2

6. Piccadilly Park .09 Open space, benches CC

7. Landscaping and Mini Parks 66.9 33% of all streets All Zones

8. Vista Lobos 1.24 Meeting room, observation deck, mini park, public parking R-4

9. Rio Park 6.24 Open space, trails, ball field MDR (County Zoning)


Table 7.2: Number of Public and Private Trees in Carmel’s Urban Forest

Class----------Pine----------------Oak-------------Other------------Total----------
Year-------76-79--83-86----76-79--83-86----76-79--83-86----76-79--83-86
Diameter
2-6"-------1323--1833------2924---4412------6749---7377-----11006--13622
7-12"------1193--1366------3990---4474------1745---1272------6928---7112
13-18"-----1611--1882------2168---2108------531----236-------4310---4226
19-24"-----1639--1419-------461----367-------313-----75--------2413---1861
25-30"-----1160---948--------60-----58---------204-----45-------1424---1051
31-36"------627---462---------4-----11---------140-----19---------771----492
37-42"------242---187---------3------1----------65-----12---------310----200
43"+--------121---107---------0------2---------130-----20---------251----129

TOTAL----7916--8204------9620--11433-----9877---9056----27413--28693
% Change--------288------------+1813-------------821-----------+1280

Source: “A Guide to Management of Carmel’s Forests, Parks and Beaches”, 1981; City Forestry Department, 1987

NOTE: Table 7.2 Correction: “% Change” should read Number Change and Pine 83-86 % Change should read +288, not -288.

General Plan/Coastal Land Use Plan Coastal Resource Management Element
Carmel-by-the-Sea Page 5-23
Urban Forests, Parks and Open Spaces


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

O5-10 Maintain a Citywide map and database of trees and landscaped areas to support tree planting and maintenance programs. (LUP)

P5-53 Complete a Citywide survey and database update every four years. Compile the data by size of tree and species in an electronic format. Also survey replacement trees required by permit conditions of approval. Report survey information and the status of replacement trees to the Forest and Beach Commission and Planning Commission at the conclusion of each yearly survey. Continue to monitor replacement trees for at least one survey cycle (i.e., 4 years). (LUP)

COMMENTS & QUESTIONS:

• The City’s Local Coastal Program was certified in late 2004. Yet the figures in Table 7.2: Number of Public and Private Trees in Carmel’s Urban Forest date from 1976-1979 and 1983-1986. Why are the latest figures i.e., 1983-1986, 2 decades old? Do these 2 decades old figures accurately reflect the number of public and private trees in Carmel-by-the-Sea today?

• Given that the City’s Land Use Plan states that a report to the Forest and Beach Commission and the Planning Commission on tree survey information and the status of replacement trees is required “at the conclusion of each yearly survey,” why did a review of the Forest and Beach Commission and Planning Commission agendas for 2005 and 2006 yield no agenda items for this required LUP topic?

• The total number of acres designated as Carmel-by-the-Sea Recreation Facilities/Open Space is approximately 140 acres. Since 1 square mile, the approximate landmass of Carmel-by-the-Sea, is 640 acres, and the amount for streets is approximately 203 acres, then the amount of privately owned land is approximately 297 acres. Yet, the City removes approximately 125 trees on 140 public acres per year, while private owners remove approximately 20-40 trees on 297 acres per year.
(Reference: Table 7.1: Carmel-by-the-Sea Recreation Facilities/Open Space)
Note: Figure for street acreage estimate derived from Table 7.1, 66.9 acres represent 33% of all streets.)

• The City’s land Use Plan states, “As noted in the Forestry Management Plan, the City Forestry Department plants on an average of over five hundred trees per year;” within the last 10 years, the City of Carmel-by-the-Sea DOES NOT have a record of planting “over 500 trees per year!”

Thursday, January 04, 2007

PART I (of II): Important Information All Carmelites Should Know About Our "Urbanized" Forest

General Plan/Coastal Land Use Plan Coastal Resource Management Element

Urbanized Forest, Parks and Open Spaces

Since the early 1900s Carmel’s forest has been carefully nurtured and enhanced. Monterey pines, Coast Live oaks and other trees were often planted when lots were first sold or developed in an effort to extend the forest cover and range. Over time, the resident’s ongoing interest in the forest and natural environment resulted in the adoption of ordinances, resolutions, policies and a Master Plan relating to trees. Taken together, these documents have successfully guided the City's tree program over the years. However, since the measures were adopted at different times to address separate concerns, they lacked a sense of overall cohesion. In order to meld these documents together, the first Forest Management Plan for the City of Carmel-by-the-Sea was adopted in 1971. In early 2001, the City updated the Forest Management Plan and incorporated it into the Local Coastal Program. (LUP)

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)

In a city with few formal street improvements or drainage systems, the “urbanized” forest also serves to convey runoff from the watershed to the beach and Carmel Bay through a variety of natural drainages, swales, and creeks. The forest performs the important functions of absorbing water from the soil, reducing runoff, filtering pollutants, and minimizing erosion. As such, the “urbanized” forest reduces the amount of polluted runoff and in large part, helps the City comply with the National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water permit regulations. (LUP)

In recent years, the Monterey Pine forest has suffered from a severe outbreak of pitch canker disease spreading throughout much of the City. The initial findings of a survey of the east side of town (east of Junipero Avenue) revealed that 50% of Carmel’s pines were infected with pitch canker and 2% of the standing trees were dead. The City has responded in the past by removing dead and dying trees and disposing of the infected materials. During the years of 1999 to 2001, the Forestry Department removed roughly 180 pitch canker-infected pines. Roughly 70% of those trees (125) were young trees 12”or less in diameter. Up to 70% of the younger trees east of Junipero Avenue now appear to be infected. Older trees are less susceptible to infection and only 30% of these are infected. (LUP)

The City’s Forest, Parks and Beach Department has an ongoing program of replacing dead and diseased pines on public property. The City also has been working on developing a disease-resistant pine and has been successful in planting 15 pines that have so far proved to be completely resistant to the disease. However, the loss of Monterey Pines due to pine pitch canker and other causes on private property continues to be an issue. (LUP)

The City of Carmel maintains an ongoing survey of trees by species and size, started in 1971. Since that time, the numbers of Monterey pines on public property declined roughly 2%, while the decline on private property has reached 10%. It is unclear whether pine pitch canker is entirely responsible for the decline on private property; there are many other factors including disease, development impacts, and old age. Though many large mature trees can probably survive pitch canker, given the age of the City’s Monterey pine forest, coupled with the susceptibility of young trees to the disease, the overall health of the City’s pine forest may be in jeopardy. As the number of Monterey Pines declined since 1971, the number of Coast Live Oaks increased 17% on private property and 40% on public property. The increase in oaks, dramatic as it may be, cannot offset the loss of Monterey pines, which impart a very different sense of place for the village. (LUP)

Steps must be taken to minimize the threat to existing healthy Monterey pines and new seedlings to ensure continued diversity in species, age, and location. This document includes policies to respond to this issue. Disturbance and/or removal of mature and disease resistant trees during construction or other development activities should be avoided. Permit conditions requiring replacement trees for those removed from private land should be monitored and enforced to ensure that the trees are healthy and reach maturity. Replacements should also be in like kind. It is essential that these and other policy directives be carried out to ensure that the Monterey pine forest landscape is protected so that the forested character of this unique coastal village is preserved. (LUP)

COMMENTS:
· “The City’s Forest, Parks and Beach Department has an ongoing program of replacing dead and diseased pines on public property.” (LUP) Yet the Forest and Beach Commission noted in March 2006 that since the fall of 2003, 350 trees had been removed and 95 dead and dying trees stood awaiting removal; only 92 trees had been planted by staff in the same time period.

· “The City of Carmel maintains an ongoing survey of trees by species and size, started in 1971.” (LUP) Yet the figures for the Number of Public and Private Trees in Carmel-by-the-Sea in the LUP (certified 2004) date from 1976-1979 and 1983-1986. Moreover, more recent survey results are not posted on the city’s web site.

Wednesday, January 03, 2007

Carmel-by-the-Sea Ordinance No. 96 (1929), Carmel-by-the-Sea Mayor Sue McCloud's Expectations for the City in 2007 & Comments

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

On 1 January 2007, The Monterey County Herald published responses from “top civic leaders” regarding their expectations for their respective cities in 2007.

RE: CRYSTAL BALL SHOWS BIG DOINGS FOR COUNTY
Mayors, supervisor optimistic in their predictions
Herald Staff Report

Carmel-by-the-Sea Mayor Sue McCloud’s expectations for the city in 2007:

“We need to update the historical context statement to deal with post-1940s buildings.”
Comment: At the 13 June 2006 Special City Council Meeting, an Order of Council was the “Consideration of a Resolution authorizing the City Administrator to sign a Consultant Services Agreement for an amount not to exceed $21,750 to retain the services of Archives and Architecture to prepare an update of the City’s Historic Context Statement for the 1940 through 1965 period.” The Consultant Services Agreement was dated 13 June 2006. Mayor McCloud pulled this item from the agenda without explanation. The update was to be completed “six months from the date of contract authorization” by Archives and Architecture.

“Working with other Peninsula cities on storm-water runoff and areas of sensitive biological significance.”
Comment:
On the Consent Calendar of the 12 September 2006 City Council Meeting was the agenda item “Consideration of a Resolution agreeing to a payment of $125,000 to the Pebble Beach Company for legal costs associated with the Areas of Special Biological Significance Cease and Desist Order and approving a payment schedule.” The payment schedule included another $125,000, for a total of $250,000, will be paid to the Pebble Beach Company in Fiscal Year 2007/08. Apparently, Latham and Watkins, the law firm hired by Pebble Beach, appealed for a waiver on behalf of Carmel-by-the-Sea to avoid complying with the regulations. The waiver was denied. The city then decided to work with other Peninsula cities.
(Reference: http://www.montereycountyweekly.com/issues/Issue.09-28 2006/opinion/Article.squid_fry)

“Redefining historical preservation”
Comment:
Historic preservation is delineated in the city’s Local Coastal Program (LCP); no redefining is necessary. However, knowledge of the historic preservation section of the LCP is required by City Council Members for their decisions to have credibility.

“New car show during Concours week, an opera festival is a possibility for the spring, and plans for a Carmel film festival should gain momentum.”
Comment: A Car Show, an Opera Festival and a Film Festival…all for the residents?

“Boosting tourism”
Comment:
After 10 months, the City terminated Greg Sellers contract as the city’s Economic Development Coordinator. Now an ad hoc group is in charge of “boosting tourism.”

COMMENTS:
Are Mayor Sue McCloud’s “expectations” for the City of Carmel-by-the-Sea consistent with Carmel-by-the-Sea’s creed, Ordinance No. 96?

What “expectations” directly benefit Carmel-by-the-Sea residents?

Shouldn’t public safety i.e., IN SERVICE Fire Hydrants, trump any and all economic/commercial/business “expectations?”

Tuesday, January 02, 2007

Re: THE HERALD'S VIEW A few modest resolutions for 2007

After reading the Monterey County Herald, Sunday, 31 December 2006, a Carmelite emailed the following to the Opinion Page Editor and Executive Editor of The Monterey County Herald.

RE: THE HERALD'S VIEW
A few modest resolutions for 2007

Carmel Mayor Sue McCloud: To remain grateful that your city doesn't have as many problems as most.

THE HERALD’S VIEW must be referring to:

· Over 34% of the city’s fire hydrants NOT IN SERVICE

· A Fire Department which failed to conduct standard, routine water flow tests of the city’s fire hydrants over an 11 year period (1995-2006)

· $3,000 per capita spending and reserves of nearly $10 million AND evicted users, closed community center and a dilapidated, ADA noncompliant Forest Theatre.


Maybe Mayor Sue McCloud can be “grateful,” but what about the residents:

· A city government with a record of violating the city’s Municipal Code and Local Coastal Program, not once, but 3 times in 2006; the City’s removal of 43 historic resources, as a group, from the Carmel Inventory of Historic Resources, posting of signs in Mission Trail Nature Preserve without a permit and approval of the California Coastal Commission, installing lights in the medians on Ocean Av. without public hearings regarding installation and an amendment to the Municipal Code.

· A city government which advocates the selling of a city owned National Register of Historic Places property, i.e., Flanders Mansion.

· A city government which has been sued because the city council allegedly failed to comply with the right of Carmel voters to vote on the sale of the city owned Flanders Mansion property.

· A city budget surplus and city council commitment of $35,000 to Harrison Memorial Library & Park Branch, but a city government which refuses to restore hours to these critical facilities for residents and visitors alike.

· Sub-standard avenues, streets and roads with potholes, patches, et cetera.

· A city government which since the fall of 2003 has removed 350 trees, with 95 other dead and dying trees awaiting removal, and only 92 trees planted by staff in the same time period, even though the City’s Local Coastal Program states that the city plants over 500 trees a year.

· A city government which fails to comply with the City’s Coastal Land Use Plan Coastal Resource Management Element with regard to the city’s largest park, Mission Trail Nature Preserve. For example, failure to remove dead/hazardous trees from trails (P5-155), failure to conduct trail maintenance and clearance (June – August (P5-156), et cetera.

Lastly, your resolutions for other officials were specific to the context of their respective jurisdictions, but not your Mayor Sue McCloud resolution. Moreover, your McCloud resolution conveys The Herald’s absence of objective information and knowledge about the City of Carmel-by-the-Sea.

Suggestion: Don’t cover or offer opinions on topics, issues, cities, et cetera, which you fail to dedicate the professional resources to learn about, comprehend, et cetera.