Carmel-by-the-Sea Resident Sam Lucido: “We’re being played with here. And enough is enough.”

City of Carmel-by-the-Sea
City Council Agenda
Regular Meeting
July 3, 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. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council.

"Again, my name is San Lucido. I am a property owner at Mission & 3rd, Pine Terrace, Unit C1. I’m sorry that we have to be limited to a 3-minute presentation. I did contact the city about 3 weeks ago and asked to be put on the agenda. And I never heard back. I emailed again on the 15th and again I have never received a response. Ant I would appreciate actually being put on the agenda because this is a situation, a concern that I have along with my other property owners in the complex of something that is very important to us and seems to be ignored by the city."

"I want to share something with you. I was reading the Pine Cone. And it says “Whereas the City of Carmel-by-the-Sea is a unique community that prides itself on its residential character. Whereas the City has adopted a General Plan and Municipal Code that strives to protect the village character through clear policies and regulations that guide property owners in the protection of the residential character.” And that’s a good thing to have as ordinances. Ordinances that are clear and concise. One that an average person can pick it up and read it, understand it and then it can be enforced. Let me read you one of your ordinances. Under Section 15.36.070 Residential Building Zone. “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." Item #4 states, “Flood-type lighting is prohibited at all times.” Another Section 15.36.070 “It is unlawful for any person, firm or corporation to install, erect or maintain any flood light or search light within the corporate limits of the City on private premises therein.”

"It’s pretty clear isn’t it? I don’t see anybody nodding. Is that not clear to anyone in this room as to what that ordinance is covering. Because I’m here to share with you that these are exact replicas that I purchased yesterday of the flood lights that are on the balcony shining down in my backyard."

"And I have contacted your city, I have had my attorney contact your city, we have been double talked, we’ve heard words about the spirit of the law, we understand that at one point a permit was issued for this person to have these and then it was withdrawn. We’re being played with here. And enough is enough. You folks have an absolute duty to enforce your ordinances and you are not doing so. There seems to be disengagement between what your stated goals are and what the enforcement of your ordinances are. I would love to turn these lights on for you, but I was told that they are so bright, these are 1500 watt bulbs, they are so bright, that is will damage your camera. And there is a concern on the part of your IT people to turn it on. But there is no concern for the fact that we have those glaring in our backyard all night long. This terrific gentleman talking to you about conservation. He figured out what one of those things cost to run, you could buy the city of Monterey."

[Mayor Sue McCloud interrupted Sam Lucido and told him to complete his comments.]

My comments are I would love for each of you; we can step out into the hall, I would be more than happy to plug those lights in for you so that you can see what we are having to put up with. And I am asking you contact your building department and have them enforce your ordinance. And get the flood lights down that are illegal by your own ordinances.

COMMENT:
The City of Carmel-by-the-Sea’s “Code of Ethics,” as follows:

Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).

Yet the “City’s” treatment of Carmelite Sam Lucido was the antithesis of the spirit and letter of the City’s Code of Ethics, bringing embarrassment and shame upon the City of Carmel-by-the-Sea and all Carmelites.

Reference:
Carmel-by-the-Sea
Municipal Code

15.36.070 Lighting Requirements.

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.

4. Flood-type lighting is prohibited at all times.

EXCEPTION: Flood-type lighting may be permitted with expressed written approval of the Planning Division and/or Building Official upon written request and used for the sole purpose of security and each fixture connected to a motion sensor. Each fixture shall be limited to 50 watts each. (Ord. 99-04 (Exh. B), 1999).