Monday, October 29, 2007

THE HERITAGE TREES OF CARMEL-BY-THE-SEA

Definition of Heritage Trees of Carmel-by-the-Sea: An environmental legacy passed on within the community of Carmel-by-the-Sea from one generation to another generation.

Herewith are the Heritage Trees of Carmel-by-the-Sea, grouped according to species, including circumference measurements at 4.5 feet above ground level, location and interesting notes.

THE HERITAGE TREES OF CARMEL-BY-THE-SEA

The Monterey Cypress Trees:
1. “Dead” Monterey Cypresses (“Ghost Trees”);
West end Ocean Av., North of Del Mar Av.;
Planted in early 1900s.




2. Monterey Cypresses (“Cypress Aisle”);
W/s & E/s Scenic Rd between 8th Av. & Santa Lucia Av.;
Sea shaped;” refers to the seaside effects of wind, fog and salt air, planted 1905-10.


















3. Monterey Cypresses (“The Arcade”);
W/s & E/s San Antonio Av. between 10th Av. & 12th Av.;
Large Cypresses meet overhead.


4. Monterey Cypress;
Camino Real 2 S.W. 10th Av.,
Private property.




The Monterey Pine Trees:
1. Monterey Pine;
S.W. Corner Mission St. & 4th Av.


2. Monterey Pine (12’7”);
Casanova 3 N.W. Ocean Av.;
“Perfect Balance.”


3. Monterey Pine (15’5”);
Camino Real 6 S.E. 12th Av.;
Private property, in rear.


4. Monterey Pine (13’7”);
Camino Real & 10th Av., Center Island.


5. Monterey Pine (17”, 95’ height);
San Carlos St. & Santa Lucia Av., N.W. Corner;
Private property, in courtyard, visible from north.;
“Maybe the largest Monterey Pine in U.S.”






The Coast Live Oak Trees:
1. Coast Live Oak;
Devendorf Park, S.W. Corner of Park at Ocean Av. & Mission St.;
One of the largest trees in Carmel-by-the-Sea.


2. Coast Live Oak (11’);
San Carlos St. & 6th Av., Courtyard of Bank;
On site of early residence of Fred and Clara Leidig, an old Carmel family. Glenn and Dale Leidig saved the tree when the land was leased to the bank.


3. Coast Live Oak;
Sunset Center, San Carlos St., south end by “stage door” entrance;
Plaque honoring Burl Ives’ 1991 Carmel visit to “sing for the trees.”




The Coast Redwood Trees:
1. Coast Redwood;
Near S.E. Corner, San Carlos St. & 4th Av.


2. Coast Redwood (16’7”);
N.E. Corner, San Carlos St. & 5th Av. in Lodge Courtyard;
Largest tree in Commercial District.


3.Coast Redwood (11’10”);
Monte Verde St., S.E. Ocean Av., in front of City Hall.


4. Coast Redwood (14’5”);
Torres St. & 11th Av., N.W. Corner;
Near an entrance to Mission Trail Nature Preserve.






The Eucalyptus Trees:
1. Blue Gum Eucalyptus (14’7”);
E/s Lincoln St. between 5th Av. & 6th Av., mid block;
Largest of species in Commercial District.


2. Eucalyptus Grove;
W/s San Antonio Av., North of 4th Av.;
probably planted as windbreak for early rancho, house said to date to 1846.”


3. Blue Gum Eucalyptus (22’8”);
San Antonio Av. & Ocean Av., N.W. Corner;
Largest tree in Carmel, “probably planted on land of early rancho.


The American Holly Tree:
1. American Holly (5’4”, 39’ height);
San Carlos St. & Santa Lucia Av., N.W. Corner,
Private property, in courtyard;
“Largest American Holly in California”


American Holly (left) & Monterey Pine Tree #5 (behind)


ADDENDUM:
The following two Heritage Trees are no longer present in Carmel-by-the-Sea;

Monterey Pine;
San Carlos St. 4 N.E. 7th Av.;
Large tree incorporated into small commercial building

Monterey Pine (9’5”) “Straight Arrow;”
E/s San Carlos St. between Ocean Av. & 7th Av., mid block, in front of Wells Fargo Bank;
Replaced by Coast Redwood

Saturday, October 27, 2007

UPDATE: Historic Designation Appeals to the Historic Resources Board

Resource Name: “Snow White”
Location: W/s Lincoln St. between 12th Av. & 13th Av.
Distinction: APPEAL GRANTED


UPDATE: HISTORIC APPEALS TO THE HISTORIC RESOURCES BOARD
(November 2005 – October 2007)


APPEALS GRANTED: 39

APPEALS DENIED: 20

APPEALS DISMISSED: 14

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

TOTAL NUMBER OF APPEALS: 77

NUMBER ADDED TO REGISTER FROM INVENTORY: 1

HISTORIC APPEALS TO THE HISTORIC RESOURCES BOARD (October 2007)
(Name of Property Owner, Physical Location, Resource Name, APPEAL GRANTED or DENIED)


CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD
Special Meeting
22 October 2007


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

III. ORDERS OF BUSINESS
1. Introduction of new Board member Nicole Schroeder.

VII. APPEALS

Consideration of an appeal of the City’s determination to place an existing structure located in the Central Commercial (CC) and Downtown Conservation Overlay (DC) Districts on the City’s Inventory of Historic Resources.

Theodore Leidig
NW Corner Ocean Av. & San Carlos St.
Resource Name: Carmel Development Company Bldg D
APPEAL DENIED


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

Dorothy Price Trust
W/s Lincoln bet. 12th & 13th
Resource Name: “Snow White”
APPEAL GRANTED


Consideration of an appeal of the City’s determination to place an existing structure located in the Residential and Limited Commercial (RC) District on the City’s Inventory of Historic Resources.

Irwin Family Tr.
SE Corner Lincoln St. & 7th Av.
Resource Name: Mayfair Studios
APPEAL GRANTED

Friday, October 26, 2007

Mayor McCloud’s Intentional Deceit


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


ABSTRACT: In a recent Monterey County Herald article, Mayor Sue McCloud stated that "the best idea to emerge during the past decade was to lease it (Flanders Mansion) to the Monterey Institute of International Studies.” Later, The Monterey County Herald published a Correction/Clarification substituting “sell” for “lease.” While Monterey Institute of International Studies (MIIS) Executive Assistant to the President could not confirm or deny whether the MIIS was interested in leasing or purchasing the Flanders Mansion, Barbara Burke did state that “there is no official record of any formal negotiation between the City of Carmel and the Monterey Institute regarding the Mansion” due to the preliminary and short nature of any discussions. Thus, Mayor Sue McCloud’s characterization of the “best idea” for Flanders Mansion is problematic given that the Flanders Foundation, since 2000, has contacted the City on numerous occasions with a plan which complies with the General Plan and zoning requirements “to create a cultural and natural history museum to inform and educate residents and visitors about Carmel’s rich heritage and environmental setting.”


In the article, “CARMEL TO KEEP MANSION: City Council complies with court decision,” by Herald Staff Writer Laith Agha on Wednesday, October 17, 2007, the following was attributed to Mayor Sue McCloud:

McCloud said the best idea to emerge during the past decade was to lease it to the Monterey Institute of International Studies, which would use it as a home for its president. But because of changing financial circumstances, she said, that opportunity is "dead."

Later in the week, The Monterey County Herald published a Corrections/Clarifications, as follows:

Carmel Mayor Sue McCloud said the best idea to come along in the last decade for a use for Flanders Mansion was to sell it to the Monterey Institute of International Studies, which would use it as housing for its president. And article on page A1 on Wednesday incorrectly stated the proposal.

Monterey Institute of International Studies (MIIS) President Clara Yu was contacted for a clarification about MIIS’s past involvement with the City of Carmel-by-the-Sea regarding the Flanders Mansion. In response, Barbara Burke, Executive Assistant to the President, stated that “there is no official record of any formal negotiation between the City of Carmel and the Monterey Institute regarding the Mansion.” Moreover, she stated that upon checking with Mayor Sue McCloud she learned there was “preliminary discussion between the City and then-MIIS President Robert Gard, which did not proceed very far.”

Interestingly, Lieutenant General Robert G. Gard, Jr. (USA, Ret.) served as president of the Monterey Institute of International Studies from 1987-1998; discussion with the City of Carmel-by-the-Sea within the last decade would have been with then Mayor Ken White’s administration.

For Mayor Sue McCloud to characterize “preliminary discussion between the City and then-MIIS President Robert Gard” regarding the lease or sale of the Flanders Mansion as “the best idea to emerge during the past decade” is problematic given that the Flanders Foundation, since 2000, has contacted the City on numerous occasions with a plan which complies with the General Plan and zoning requirements “to create a cultural and natural history museum to inform and educate residents and visitors about Carmel’s rich heritage and environmental setting.” Moreover, requests to work with the City to accomplish Flanders Foundation’s goals and professional business plan have been met with “total silence.”

In short, Flanders Foundation, a nonprofit organization, is the sole entity dedicated to the preservation, enhancement and maintenance of the Flanders Mansion property as an “historical, cultural, and educational resource for the benefit of residents and visitors to Carmel-by-the-Sea.” Ergo, a long term lease to the Flanders Foundation has been and is presently the BEST idea for the Flanders Mansion property, present-day Carmelites and future generations of residents and visitors alike.

Finally, as one individual wrote, “Once a city begins to sell off its heritage it loses its integrity and meaning. To deprive the City of Carmel residents of this treasure would be a great loss.”

NOTE: For information about the Flanders Foundaton, click on Post title above or copy, pate and click, http://www.flandersfoundation.org/.

Tuesday, October 23, 2007

The Forest Theater Foundation's NEIGHBORHOOD MEETING

Outdoor Forest Theatre
Mt. View Av. & Santa Rita St.

ABSTRACT: The content of informational leaflets distributed yesterday to neighborhood residences of the Forest Theatre about the upcoming Forest Theater Foundation’s Neighborhood Meeting regarding their “pre-design” for the Forest Theatre is presented. Additionally, information about the Forest Theater Foundation’s architect Richard McCann and the Forest Theater Foundation is presented.


Yesterday, Monday, October 22, informational leaflets in a City Hall envelope were distributed to neighborhood residences of the Forest Theatre; the leaflet reads, as follows:

The Forest Theater Foundation

A nonprofit organization dedicated to the preservation and enhancement of the historic Forest Theater (est. 1910), Carmel-by-the-Sea, California


October 2007

NEIGHBORHOOD MEETING
Vista Lobos
Tuesday, October 30, 2007
4:45 PM


The Forest Theater Foundation was formed over ten
years ago by members of the community and the three
performing groups in residence at the Forest Theater.
The Foundation has raised community funds to begin the
design for the preservation of the theater.

Architect, Richard McCann, will present “pre-design”
information to the neighbors and your input will be
welcome.

The Foundation cordially invites you to this
Neighborhood Meeting and we look forward to your
questions and support.

Please contact Foundation President, Walt De Faria for
additional information at 831.624.4345

“The ol’gal is approaching 100 years old...”
Tax ID #95-4586008


PO Box 1097
Carmel, CA
93921
831-624-4345


INFORMATION ON RICHARD F. McCANN:

• University of Washington - Bachelor of Music Composition degree (1963) and Bachelor of Architecture degree (1967)
• Established R. F. McCann & Company Architects in Seattle in 1976; later a second office in Hollywood.
• In 1988, relocated Firm to Pasadena
“Design work doesn’t begin until we are confident we understand the parameters of the task and develop a clear understanding of client priorities.”
(Source: http://www.rfmco.net/pages/rich.html)

• Awarded “Member of the Year Award” in 1981 by the Theatre Historical Society of America for his “continuously demonstrated outstanding leadership, achievement, and contribution to the organization and its purposes, or been instrumental in work on outside projects in keeping with the aims of THSA."
(Source: http://www2.hawaii.edu/~angell/thsa/membawrd.html)

• Architect Richard McCann has restored about 30 historic theaters within the past 25 years, including the 5th Avenue Theater (Seattle), Wilshire Theater (Los Angeles), the historic Fox Theater (Riverside), Alex Theater (Glendale) and Raymond Theater (Pasadena).

• Project List of Theatres & Showcase Theatres
THEATRES
5th Avenue Theatre - Skinner Building, Seattle, WA
African American Unity Center, Multi-purpose Community Center, Los Angeles, CA
Alberta Bair Theatre, Billings, MT
Alex Theatre, Glendale, CA
California Theatre, San Bernardino, CA
Capital Theatre, Yakima, WA
El Portal Actors’ Alley, North Hollywood, CA
Orpheum Theatre, San Francisco, CA
Pantages Center for the Performing Arts, Tacoma, WA
Pasadena Memorial Park Amphitheatre, Pasadena, CA
Pasadena Playhouse, Pasadena, CA
Plaza Theatre, Palm Springs, CA
Renegade Theatre, North Hollywood, CA
Washington Center for the Performing Arts, Olympia, WA
Wells Fargo Pavilion & Sacramento Theatre Company, Sacramento, CA
Wilshire Theatre, Los Angeles, CA

SHOWCASE THEATRES
Deaf West Theatre, North Hollywood, CA
Secret Rose Theatre, North Hollywood, CA

• RFM ARCHITECTS
R.F. McCann & Company Theatre Architects
"Designing for the Performing Arts & Entertainment Industry Since 1976"
110 S. Rosemead Boulevard, Suite Q
Pasadena, CA. 91107

Telephone: (626) 564-8900
Fax: (626) 584-9174

For more information about RFM, email us at: info@rfmco.net

• CALIFORNIA ARCHITECTS BOARD
Licensee Name: MC CANN RICHARD FRANK
License Type: ARCHITECT
License Number: C7671
License Status: CURRENT
Expiration Date: May 31, 2009
Issue Date: September 05, 1973
City: SIERRA MADRE
County: LOS ANGELES
(Source: http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.QueryView?P_LICENSE_NUMBER=7671&P_LTE_ID=1010)

REFERENCES:

http://www.signonsandiego.com/news/riverside/20060228-1656-foxtheater.html

http://www.raymondtheatre.com/Articles.htm

For more information about Architect Richard McCann, including FIRM PROFILE, R. F. McCANN, SERVICES, PROJECTS & NEWS, click on Post title above or copy, paste and click http://www.rfmco.net/


INFORMATION ABOUT THE FOREST THEATER FOUNDATION:

The Forest Theater Foundation
P.O. Box 1087
Carmel-by-the-Sea, CA. 93921

• A 501(c)(3) Public Charity
• EIN: 95-4586008
• Ruling Year: 1997.
• Income is less than $25,000 annually, therefore the Foundation is not required to file an annual return with the I.R.S.

Monday, October 22, 2007

Forest Theater Foundation Consultant’s Master Plan for the Forest Theatre

Forest Theatre
Entrance @ Mt. View Av. & Santa Rita St.
Carmel-by-the-Sea, CA.

WHO: Forest Theater Foundation & Los Angeles Consultant

WHAT: Presentation of Forest Theater Foundation’s Master Plan for the Forest Theatre, prepared by a consultant from Los Angeles

WHERE: Vista Lobos, Torres St. & 3rd Av., S.W. Corner

WHEN: Tuesday, October 30, 2007, 4:45 P.M.
Forest Theatre
Plaque, WORK PROJECTS ADMINISTRATION AND THE CITY OF CARMEL 1939-1940
Mt. View Av. & Santa Rita St.

Sunday, October 21, 2007

FOREST THEATER FACILITY MASTER PLAN: A Study of Patron, User Group & Neighborhood Impact “Interrelationships”

ABSTRACT: The FOREST THEATER FACILITY MASTER PLAN (March 2001) is a comprehensive patron, user group and neighborhood impact “interrelationship” plan commissioned by the City of Carmel-by-the-Sea. Specifically, the elements of the Master Plan include Patron support systems, User group support systems, Neighborhood/Community impact concern areas, Maintenance & improvement needs and ADA Compliance. Selected excerpts from the Master Plan are presented, including Recommendations. Lastly, the “Summary of Recommendations & Costs” (total cost in 2001 dollars, $1,423,000) and “Priority Project Elements with Costs” (total cost in 2001 dollars, $443,000) are presented. Note: Contrary to City Administrator Rich Guillen’s recent mischaracterization of this plan as covering only the American with Disabilities Act, it is a comprehensive, “interrelationship” Master Plan.


FOREST THEATER FACILITY MASTER PLAN

March 23, 2001

The Forest Theater was constructed in 1939-1940 as a WPA project. The Outdoor Theatre seats approximately 540 persons and the Indoor Theatre seats approximately 57 persons. User groups perform in the Outdoor Theatre between May and October and the Indoor Theatre throughout the year.

Selected excerpts from The Forest Theater Facility Master Plan (64 pages), as follows:

Purpose of Master Plan
This Master Plan has been commissioned by the City to update the status of the Forest Theater. It is intended to provide information to the Community and Cultural Commission, City Council and staff in the following areas:

• Assessment of existing conditions of the facility, particularly in relation to current code and accessibility requirements.

• Review of problem areas within the facility, its use, and its impact on the neighborhood and community

• Recommended modifications and repairs needed or desired to improve facility operation and lessen impact on the community. Concept estimated costs and time frame for implementation of improvements.

• Schedule of ongoing upkeep and maintenance requirements needed to prevent deterioration and serve operations, with estimated costs of scheduled tasks.

Previous Facility improvements
Following is a summary of recorded improvements, per plans and permit records in the Planning & Building Department file:
• 1939-1940: WPA construction of theater building.
• 1966: Scene dock (stage left) constructed.
• 1967: Control booth constructed (or reconstructed).
• 1973: Scene dock (stage right) constructed.
• 1975: Restroom building (steel prefab building) constructed. (Replaced an earlier restroom structure in the same location).
• 1975: Towers constructed.
• 1978: Electrical Improvements.
• 1980: Outdoor deck at lower level and Scene Dock expansion
• 1981: Bathroom remodel.
• 1987: New seating.
• 1988: Stage reconstruction & expansion.
• 1997: Electrical upgrades

As stated in the Master Plan, “A systems approach is used in this assessment to create an overview of these interrelationships, first from a patron viewpoint, then from a user group viewpoint, and finally from a neighborhood impact viewpoint.”

The elements of The Forest Theater Facility Master Plan and Recommendations, as follows:

A. Patron support systems:
1 Pedestrian circulation, barrier-free Access, and path lighting
2 Ticket sales
3 Restrooms & restroom accessibility
4 Concessions
5 Theater seating

B. User group support systems:
1 Dressing rooms & onstage restrooms
2 Storage
3 Control booth
4 Sound systems
5 House & stage lighting
6 Loading & unloading – Stage set materials
7 Indoor theater needs

C. Neighborhood/Community impact concern areas:
1 Parking & Traffic
2 Sound from productions
3 Appropriate level of use

D. Maintenance & improvement needs:
1 Drainage around building
2 Stage floor & waterproofing replacement
3 Fire safety issues
4 Trash storage & removal
5 Fence and gates
6 Tree replacement & Forest management
7 Landscaping & Grounds clearance

ADA Compliance:
The American Disabilities Act, passed in 1992, requires building and business owners to provide equal access to, and use of, their properties for disabled persons as that provided to all other users. Although accessibility improvements have been incorporated into the property over time, most do not comply with current ADA or Title 24 (California State) accessibility code requirements. These include:
• Parking space location and design
• Path of travel into and throughout the facility
• Patron and cast restroom facilities
• Acommodation for sight & hearing impaired persons

A. Patron support systems
A1. Pedestrian Circulation, Barrier-free Access & Path Lighting:
(Auto circulation, drop off, and parking is presented later in this report).

Recommendation: Create paths of pedestrian circulation to the midpoint and rear of the house, to supplement the existing concourse in front of the stage.

Recommendation: Provide handicap parking closer to the seating area. Create a path of travel from parking to seating in compliance with ADA requirements. Install designated seating and wheelchair spaces. Provide signage and lighting to accommodate persons with limited movement, sight or hearing.

Recommendation: Remove one row of seats. Install cross-aisle, designated accessible wheelchair areas, exit aisle to Guadalupe, and path to lower level deck area. Construct additional paths and exit gates at the northeast corner of the site (Guadalupe & Josselyn Lane) and near the control booth (exiting to Josselyn Lane). Install path lighting and exit signage.

A2. Ticket sales:
Recommendation: Replace existing ticket booth with larger, shared-use ticket booth on the entry concourse. Install data/communications lines for user computer ticket operations.

A3. Patron Restrooms & Restroom Accessibility:
Long-term Recommendation:
A significant number of additional fixtures appear to be needed to meet code. A monitoring program is recommended to determine if the restroom facility is meeting patron needs during peak performances. If necessary, additional restroom facilities should be constructed.

A4. Concessions:
Recommendation: Remove the existing concessions building to restore pathway. Relocate the concessions building from Sunset Center to the Forest Theater site (see illustration). Modify exterior building materials and/or colors for compatibility with Forest Theater buildings. Create intermission area adjacent to concessions building.

A5. Theater Seating:
Recommendation: Redesign and modify seat back height and angle for ergonomic support of patrons.

B. User Group Support Systems
B1. Dressing Rooms & onstage Restrooms:
Recommendation - restrooms: Construct new single-occupant restrooms at both stage right and stage-left scene dock/dressing rooms, with double-door access foyers so that restroom light and sound does not carry out onto the stage. At least one restroom should be accessible.

Recommendation – dressing rooms: Construct a permanent dressing room expansion equal in size to the current portable dressing room (approximately 8’ by 24’). Design of the expansion may incorporate desired elements from the earlier-designed (but not built) dressing room expansion.

B2. Storage:
Recommendation: Improvement of lower-level storage, or a program for offsite storage for the indoor theater (or both) should be considered to adequately address existing storage problems.

B3. Control Booth:
Recommendation: Enlarge the control to approximately double its size. Construct a wood platform with rails and light enclosure over the enlarged booth, to meet OSHA requirements and provide better appearance of the structure.

B4. Sound systems

Recommendation:
• Study the possible use of high-tech sound systems for best audience enjoyment with minimal neighborhood impact.
• Conduct a sound study during the 2001 summer performance season; use this study as a basis for future sound system standards.
• Minimize high-tower speakers with sound throw into neighborhood. Eliminate the use of mid-house speakers.

B5. House Lighting:
Recommendation:
• Design lighting to illuminate underseat areas for cleaning.
• Need low lighting for safety in audience circulation during performances. Use light rope under seating.
• A lighting study of the facility is recommended.

B6. Loading & Unloading-Stage set materials:
Recommendation: Create a loading dock at the west side of the stage, with gated access from Santa Rita. (Consideration should be taken regarding the grave of Carmel’s famous dog, “Pal”, which could be impacted by widening the existing path for truck access).

B7. Indoor theater:
Recommendations:
Provide separate indoor restrooms for patrons and actors.
Add a mechanical ventilation system or fresh air mixer for furnace.
Eliminate floor level changes at dressing room area.
Improve/standardize lighting/switching. Provide additional power circuits.
Improve storage room, pour slab, and eliminate rat/raccoon infestation.
Install landings and ramps at the entrance doors, to comply with UBC and ADA requirements.
Install fire sprinkler systems.

C. Neighborhood and community impact concerns
C1. Parking & Traffic

Possible long-range solution options
1. Alternate means to decrease vehicle use.

2. Establish transit from existing parking.

Long-term Recommendation:
Identify that a parking/traffic problem exists, that short-term solutions be implemented, and that long-range solutions be investigated. Optimally, the investigation of long-range programs would be incorporated into Carmel’s overall long-range parking and traffic programs.

C2. Sound from productions
Recommendation:
State-of-the-art sound technology can be applied to Forest Theater to create sound systems providing excellent audio for patrons with minimal sound-throw beyond the theater. Development and installation of such sound systems is recommended.

C3. Light impacts from production and house lights
Recommendation:
Replace floodlights with lower-level (non point-source) lighting to eliminate glare beyond (and in) the theater. Use underseat lighting to illuminate ground areas for patron removal of trash and belongings, and cleanup following the show. Minimize late-night operations of house and production lighting.

C4. Appropriate Level of Use
Recommendation:
The Community & Cultural Commission will complete a review of appropriate level of use during this year (2001), with recommended amendments to the Master Plan.

D. Maintenance & improvement needs
D1. Drainage around building:
Recommendation:
Install a new drainage system, including collector drains at the orchestra area, below-grade perforated drain tiles, drainage pipes and release beds at pipe outlets to avoid erosion. (An alternate solution would be to connect the drainage system to the storm drain system.) Waterproofing should be applied to below-grade building walls, either by excavation and application to the outer wall surface, or application

D2. Stage floor & waterproofing replacement
Recommendation:
Install new 2” thick tongue-and-groove redwood or pressure-treated stage floor. Inspect waterproofing to assure continued protection prior to installing new stage floor. Set aside funds annually for stage floor and waterproofing replacement in approximately 2008.

D3. Fire safety elements
a. Emergency vehicle access to Forest Theater and to residences during performance periods.
b. Exit facilities for patrons, cast and actors.
c. Fire pits The addition of wire frame spark arresters to each pit is recommended, to prevent sparks from setting trees or surrounding grasses on fire.
d. Storage of construction materials, paints, costumes and sets
e. Fire protection systems (fire sprinklers)

D4. Trash collection & disposal:
Recommendation:
Install large wheeled trash bins adjacent to audience area, with separate recycling containers to encourage retention of recyclable items. Construct an enclosed trash building (not accessible by animals or visible to visitors) to hold full bins until pickup. Establish a program of regular pickup of trash by hauler.

D5. Fence & Gate Repairs
Recommendation:
Retain existing fence configuration. Modify gate locations, widths and hardware to meet new accessibility and fire exit requirements. Make major repairs to the existing fence (replacing deteriorated or damaged elements necessary for long-term retention of the fence).
• Retain fence in place. Install new posts in addition to existing posts. Replace rotted posts in place. Repair fence panels, removing deteriorated stakes and rails and replacing with new.

Funds should be set aside for both fence rehabilitation and ongoing fence maintenance.

D6. Tree Replanting & Forest Management
Recommendation:
• Plant replacement trees (mixed species) in south half of property. Continue to add seedlings in an annual program.
• Plant replacement trees as part of each phase of construction, following completion of work. Larger size trees should be planted (15-gallon or 24” box minimum)
• Establish program for replacement of understory plantings by planting several during each tree-planting season. Plants should include manzanita, cerrothus, and a mix of grasses/ wild flowers.
• Request that the City Forester and Beach & Forest Commission develop a landscape plan and phased schedule for City implementation of the above recommendations.

D7. Landscaping & Grounds Clearance
Recommendation: Remove abandoned buildings, utilities, hardscaping, and trash. Clean, regrade and landscape altered areas. Establish and budget a program for annual cleaning and landscape maintenance.

**********************

”This completes the Master Plan for the Forest Theater. Following is a summary of recommended improvements and estimated costs for improvement implementation.”

"The complex matrix of issues addressed in this report demonstrate that the Forest Theater, with its history, its forest setting, and its intense use, is a difficult facility to assess. Issues of concern, maintenance requirements, and use impacts may vary over time. The theater should be reviewed on an ongoing basis, to preserve the quality, character, and condition of the buildings and grounds, to foster its operation as a theater, and to best maintain compatibility between the theater and the surrounding neighborhood.”

Summary of Recommendations & Costs
Group A1: Accessible Pathways & Path Lighting/Handicap Parking
• New path to auditorium.
• Remove one row of seating, construct new cross aisle with accessible seating areas.
• New seating to replace removed row of seats.
• New east and north exit paths & exit gates.
• Path lighting.
• Handicap parking stall @ Santa Rita.
• Handicap parking stall @ Indoor Theater.
• New trash enclosures at paths.
• Directional, accessibility & exit signage.
• Railings where required by steep slope of path.

Estimated Cost: $230,000

Group A2: Ticket Sales
• Construct new ticket office structure
• Remove existing ticket booth.

Estimated Cost: $32,000

Group A3: Patron Restroom Upgrades/Accessible Stalls
• New accessible stall additions to restrooms.
• Relocated entrances, new entrance path with privacy screens.
• New exterior board & batt siding, interior tile/gypsum wallboard finishes, plumbing & lighting on restroom buildings

Estimated Cost: $114,000

Group A4: Concession stand relocation & remodel
• Move concessions building from Sunset Center to Forest Theater.
• Install foundation slab and utilities, set building on slab.
• Modify roof and exterior materials for compatibility with Forest Theater setting.
• Install paved area in front of building.

Estimated Cost: $29,000
(Note: The above estimate applies only to relocation, which must be expedited in the near future to comply with the Sunset Center demolition/construction schedule. If this group is performed later as new construction, the estimated cost is approximately $50,000.)

Group A5: Theater Seating
• Modify seatbacks and angles for proper ergonomic design.

Estimated Cost: $43,000

Group A6: Hearing impaired equipment
• Allowance for audio support systems for hearing impaired patrons.

Estimated Cost: $15,000

Group B1: Stage Restrooms/Indoor Theater Restrooms• Construct two-story restroom stacks @ east & west sides of stage, with three upper level restrooms (one accessible) and two lower level indoor theater restrooms (one accessible).
• Modify indoor theater floor plan for access to restrooms.
• Modify scene docks at upper stage for entrance to dressing areas & restrooms.

Estimated Cost: $152,000

Group B2: Upper dressing room/lower storage expansion• Construct new lower-level slab & foundation for dressing room above.
• Construct addition to upper level dressing room.
• Install fire-protective finishes @ storage & dressing rooms.

Estimated Cost: $67,000

Group B3: Loading & Unloading – set materials
• Install gates & path from new parking stall at Santa Rita to west side of stage. Modify stage for loading dock.

Estimated Cost: Included in A.1

Group B4: Sound System
• Conduct sound study.
• New sound system allowance (cost depends on study recommendations).

Estimated Cost: $55,000

Group B5: House Lighting
• Conduct lighting study
• Develop concepts for non-point source lighting for less impact
• New lighting system allowance (cost depends on study recommendations)

Estimated Cost: $31,000

Group B6: Control Booth & Sound Platform• Expand control booth (double existing size)
• Modify control booth roof platform – new railing & deck.
• Separate sound panel outside of control booth.

Estimated Cost: $60,000

Group B7: Indoor Theater
• Ventilation system.
• Remove floor level changes at stage/dressing room area.
• Improve lighting and power systems.
• Add landing & accessible ramp at entrances.

Estimated Cost: $120,000

• Option: Add exit/crossover tunnel at north side of theater.

Net Additional Estimated Cost: $90,000

Group C1: Traffic Impacts
• Modify parking lot, gates and paving for drop off loop.

Estimated Cost: $10,000

• Proactive police control of parking violators.

Estimated Cost (ongoing): ($500. per week during performance season)

Group C2: Sound Impacts Included in B4

Group C3: Lighting Impacts Included In A6 & B5

Group D1: Drainage & Waterproofing around Stage Building
• Install new drains at orchestra area with new drain line around building
• Waterproof subgrade face of building

Estimated Cost: $89,000

Group D2: Stage floor & waterproofing replacement• Replace stage floor deck (inspect waterproofing below to assure condition).

Estimated Cost: $40,000

• Set aside funds for future replacement of stage waterproofing and deck.

Estimated Cost (annual set aside): ($10,000)

Group D3: Fire Safety Elements
• Install screens on fire pits
• Install fire sprinkler system on main stage building.

Estimated Cost: $60,000

Group D4: Trash Collection & Disposal
• Modify access lane to support garbage trucks.
• Construct trash bin holding enclosure.

Estimated Cost: $79,000

Group D5: Fence & Gate Repairs
• Repair, double or replace posts.
• Repair or replace rails.
• Remount stakes.

Estimated Cost: $43,000

Group D6: Tree Replacement
• Implement tree planting program for south portion of site.
• Proceed with tree planting in north site as projects are implemented.
• Establish annual set aside for tree planting.

Estimated Cost: $12,000
($2,000 annual set aside for six years)

Group D7: Landscaping& Grounds Clearance
• Remove existing buildings following project implementation.
• Clear deleterious materials from grounds.
• Recontour and relandscape recovered grounds areas.

Estimated Cost: $56,000

Potential Project Grand Total: $1,423,000
(Estimates are in current (2001) dollar values)


Priority Project Elements with Costs

First Priority: Accessible Pathway to Theater
• Construct one accessible parking stall next to indoor theater.
• Modify existing path/construct new path to theater.
• Install path lighting.
• Install designated space for two wheelchairs.
• Install spark arrestors on fire pits.

Estimated cost – First Priority elements $91,000.

Second Priority: Accessible additions to Patron Restrooms
• Construct handicap stall additions to Men’s & Women’s Restrooms.
• Relocate entrances to south side/widen doors.
Install new accessible path to restrooms w/privacy screens

Estimated cost – Second Priority elements $60,000.

Third Priority: Stage restrooms (upper & lower theaters)• Construct two-story restroom stacks with patron/cast restrooms at lower level, cast restrooms at upper level. One restroom on each level designed for accessibility.

Estimated Cost – Third Priority elements $152,000.

Fourth Priority: Theater cross-aisle & seating
• Remove one row of seating; create cross-aisle.
• Construct new seating to replace removed row.
• Construct new accessible path to east (Guadalupe Street).
• Construct new handicap parking stall at Santa Rita.
• Modify fence and add gates at Santa Rita parking stall.

Estimated Cost – Fourth Priority elements $138,000.

Fifth Priority: Tree planting
• Implement tree planting program for south portion of site.
• Proceed with tree planting in north site as projects are implemented.
• Establish annual set aside for tree planting.

Annual set aside for Tree Planting ($12,000 over six years) $2,000.

NOTE: FOREST THEATER FACILITY MASTER PLAN courtesy of Brian Congleton of CONGLETON ARCHITECT AIA
Office Location:
Eighth Ave & San Carlos St
Carmel-by-the-Sea, CA 93921

Mailing Address:
PO Box 4116
Carmel, CA 93921

Web site: http://www.congletonarchitect.com/

Email: brain@congletonarchitect.com

Saturday, October 20, 2007

"Significant" Monterey Pine trees & Excavation at Construction Site


Two "Significant" Monterey Pine trees with boards and orange plastic netting flanking excavation for new replacement garage
Mt. View Av. & Guadalupe St. Remodel/Addition Construction Site


One "Significant" Monterey Pine tree (West of excavation for new replacement garage) & Excavation within 2 feet of Monterey Pine
Mt. View Av. & Guadalupe St. Remodel/Addition Construction Site


One "Significant" Monterey Pine tree (East of excavation for new replacement garage) & Excavation within 1 foot of Monterey Pine
Mt. View Av. & Guadalupe St. Remodel/Addition Construction Site

CITY OF CARMEL-BY-THE-SEA
DESIGN REVIEW BOARD
AGENDA


Regular Meeting
23 February 2005

X. PUBLIC HEARINGS
Jill M. Sherwood
DS 04-192
NE cor Guadalupe &
Mountain View

Consideration of a Design Study (Concept) and Coastal Development Permit application for the substantial alteration of an existing dwelling located in the Single Family Residential (R-1) District.

COMMENTS:
Since the Design Review Board’s approval of the initial Design Study and Coastal Development Permit application for the remodel/addition to the existing residence in 2005, Mr. & Mrs. Couder have purchased the property. Site plans by Construction Technologies, Carmel, were received by the City in August 2007. Demolition, excavation and new construction began September/October 2007.

After demolition of the garage, excavation occurred; while the site plans call for no more than 1 foot of excavation for a new replacement garage, 5 vertical feet of excavation within 2 feet of a “significant” Monterey Pine tree (west side) and 4 vertical feet of excavation within 1 foot of another “significant” Monterey Pine tree (east side) occurred. Additionally, excavation for a staging area to the east excavated 2 vertical feet within approximately 4 feet of another “significant” Monterey Pine tree.

Last week, a Carmelite contacted Acting City Forester Mike Branson about Monterey Pine trees on the site. Acting City Forester Mike Branson apparently did not visit the site that week and when contacted later in the week, the Carmelite received an automatic out-of-office until Monday, October 22, 2007 reply. As a result, the Community Planning & Building Department was unaware of the violations of the Municipal Code and Local Coastal Plan, namely “All buildings and structures will be setback a minimum of 6 feet from significant trees. (LUP)” and “Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.” Moreover, when contacted, Senior Planner Sean Conroy stated the site plans only called for 1 foot of excavation for the new replacement garage.

According to the City’s Municipal Code, “Damage to any tree during construction, demolition or tree removal shall be immediately reported by the person causing the damage, the responsible contractor or the owner to the City Forester, and the contractor and/or owner shall treat the tree for damage in the manner specified by the City Forester.” And “Removal of trees, pruning or root removal without a permit shall be grounds for suspension of any permits granted for construction or demolition for a period of up to 90 days, said period of time to be determined by the City Forester.”

QUESTION: Will Acting City Forester Mike Branson act expeditiously to investigate and enforce the City’s Municipal Code and Local Coastal Program?

REFERENCES:
Relevant excerpts, as follows:

General Plan/Coastal Land Use Plan Coastal Resource Management Element
P5-59 Avoid encroachment within the root protection zone of significant trees. Removal of significant live Monterey pine trees to facilitate residential development is prohibited unless necessary to provide a viable economic use or protect public health and safety. (LUP)

General Plan/Coastal Land Use Plan Land Use & Community Character Element
P1-44 Prohibit the removal of significant trees (as determined by the City Forester) unless it would prevent a reasonable economic use of the site or pose a threat to health and safety. Locate buildings and other site structures to avoid removal and pruning and otherwise minimize damage to existing significant trees. Avoid impacts to
trees by avoiding/minimizing impacts to the root protection zone identified by the City Forester during the preliminary site assessment. Establish continuity of landscape elements throughout each neighborhood. Replace trees removed for construction with appropriate trees of the urbanized forest. Require that they be
nurtured until well established. (LUP)

P1-45 All demolitions, rebuilds, remodels, and substantial alterations shall be consistent with the following findings:

The development does not require removal of any significant trees unless necessary to provide a viable economic use of the property or protect public health and safety. All buildings and structures will be setback a minimum of 6 feet from significant trees. (LUP)

Carmel-by-the-Sea
Municipal Code


Chapter 17.48
TREES AND SHRUBS1
17.48.070 Findings Required for Significant Trees.

B. Related to Construction. Removal of significant trees to facilitate construction or development is prohibited unless one of the two following findings is met:
1. That removal of the tree is required to protect public health or safety; or

2. That the following four conditions exist:
a. The existing site is vacant or is developed to an extent less than one-third of the base floor area allowed by the zoning applicable to the site; and

b. The available land area of the site not occupied by significant trees (including land within six feet of the trunk of significant trees) does not adequately and practically provide space for development of at least one-third of the base floor area allowed by the zoning for the site; and

c. The issuance of a variance for development in one or more setbacks has been considered and would not provide a remedy or would be inappropriate due to a significant overriding inconsistency with another policy or ordinance of the LCP; and

d. Failure to authorize removal of the tree(s) would deprive the owner of all reasonable economic use of the property. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

5. Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.

6. Trimming cuts shall conform to arboricultural standards and shall be made along the branch bark ridge.

7. Prior to the start of any construction or demolition activities, the property owner/contractor is required to spray or have a certified applicator spray the lower six feet of all pine tree trunks with a pesticide approved by the California Department of Food and Agriculture for the treatment of bark beetles.

8. The property owner is responsible for care of all trees that are to remain on the site. This includes the treatment of bark beetles as designated by the City Forester.
9. Failure to protect or maintain trees on construction/demolition sites is a violation of the municipal code and grounds for suspension of the building permit.

17.48.110 Protection of Trees During Construction.
For the purpose of safeguarding trees during construction, demolition or tree removal, the following conditions shall apply to all trees other than trees for which a removal permit has been issued:
A. Protection of Existing Trees.
1. Prior to the commencement of construction, demolition or tree removal, all trees on the building site shall be inventoried by the owner or contractor as to size, species and location on the lot, and the inventory shall be submitted on a topographical map to the Building Official. This condition may be waived by the Building Official for tree removal and minor demolition.

2. Damage to any tree during construction, demolition or tree removal shall be immediately reported by the person causing the damage, the responsible contractor or the owner to the City Forester, and the contractor and/or owner shall treat the tree for damage in the manner specified by the City Forester.

17.48.150 Enforcement.
A. Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall constitute an infraction.

B. Penalties. Any person convicted of an infraction under the provisions of such sections shall be punishable by fine only as follows: Upon a first conviction, by a fine not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.
1. Cutting, removing, or pruning of trees on public property without a permit shall be a misdemeanor.

2. In addition to the penalties provided for herein, any violation of such sections may be addressed by civil action.

C. Suspension of Permit. Removal of trees, pruning or root removal without a permit shall be grounds for suspension of any permits granted for construction or demolition for a period of up to 90 days, said period of time to be determined by the City Forester. During the suspension period, the property owner or her/his designee shall make application to the Forest and Beach Commission to obtain the necessary permit. Upon the review of the application, the Forest and Beach Commission:
1. May require replacement trees to be planted upon completion of construction;

2. May require an amount of money equal to the value of the lost tree(s) to be deposited in a deposit account to be used for reforestation;

3. May, in the event a tree is damaged and the City Forester determines that it may die within one year, require a sum of money equal to the tree’s value to be deposited with the City in a deposit account for a period of time not exceeding one year. If the tree dies during that period the City shall use the money for restoration. The City Forester shall determine the tree’s value using criteria established by the International Society of Arboriculture. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

Thursday, October 18, 2007

PER CAPITA SPENDING: Cities of Carmel-by-the-Sea, Monterey & Pacific Grove

ABSTRACT: For the Cities of Carmel-by-the-Sea, Monterey and Pacific Grove, statistics and per capita spending calculations are presented. While the City of Carmel-by-the-Sea has double and triple the per capita spending of Monterey and Pacific Grove, respectively, Carmel-by-the-Sea has closed, dilapidated, and/or unused historic, cultural and environmental public assets. A question about the current City Council’s responsibility to their constituents is asked.

CITY----------GENERAL FUND-----------POPULATION-----LAND AREA
Carmel--------$13.1 million(2007/08)---4,038-----------1.1 sq. mile

Monterey------$48.0 million2006/07)---30,161----------8.4 sq. mile

Pacific Grove--$16.5 million(2007/08)--15,305----------2.9 sq. mile

PER CAPITA SPENDING:
Carmel: $3,244
Monterey: $1,591
Pacific Grove: $1,078

COMMENTS:
The City of Carmel-by-the-Sea has double the per capita spending of the City of Monterey and triple the per capita spending of the City of Pacific Grove, yet the City of Carmel-by-the-Sea has, as follows:

• A closed community center (Scout House)

• A decaying and dilapidated National Register of Historic Places resource (Flanders Mansion)

• A dilapidated historic outdoor and indoor theatre (Forest Theatre)

• An unused public park (Rio Park)

• Poorly maintained streets, roads and avenues

• Absence of satisfactory Carmel Beach upkeep and maintenance, including inadequate restroom facilities along Scenic Road

• Absence of reforestation; more trees removed than planted

QUESTION: Given the preceding record, does the current City Council deserve citizen support or should current City Council members be voted out of office at the earliest opportunity and replaced with Carmelites committed to rectifying these grievous deficiencies and injustices?

Wednesday, October 17, 2007

What a Colossal Waste of Taxpayer Money!

ABSTRACT: The City Council authorized the expenditure of $250,000 to the Pebble Beach Company in an attempt to avoid stormwater obligations and authorized and/or has authorized nearly $350,000 to attorneys, consultants, et cetera, in an attempt to sell the National Register of Historic Places Flanders Mansion. Both resulted in failure. All in all, a colossal waste of taxpayer money!

Within the last 2 ½ years, the City Council of the City of Carmel-by-the-Sea has authorized the expenditure of $250,000 to the Pebble Beach Company for “legal costs associated with the Areas of Special Biological Significance Cease and Desist Order” and has likewise authorized the expenditure and/or agreed to the expenditure of $347,637.34 in professional fees associated with the City Council’s decision to sell the Flanders Mansion property.

The $250,000 expenditure to Pebble Beach for legal fees to the law firm Latham and Watkins, LLP, resulted in the denial of a waiver for the City’s stormwater runoff obligations. As of September 11, 2007, “Staff is investigating the cost for filing an exception as well as working with the cities of Monterey, Pacific Grove and Pebble Beach Company to meet with the WRCB Director to further discuss the ASBS discharge requirements.”

The nearly $350,000 in fees associated with the City Council’s attempt to sell the National Register of Historic Places Flanders Mansion property has resulted in a verdict by a Superior Court judge informing the city of the city’s multiple legal violations, including violations of the California Environmental Quality Act, California Government Code and the City’s Municipal Code. And, if the City Council continues in their attempt to sell the Flanders Mansion property, the prospect of additional consultant and legal costs associated with proving the lease option is “economically infeasibility.”

What a Colossal Waste!

REFERENCES:

113419 7/10/07 PEBBLE BEACH COMPANY $ 125,000.00 STORMWATER ISSUE LEGAL EXPENSES-FINAL PAYM
(Source: July 2007 Check Register)

111443 9/19/2006 PEBBLE BEACH COMPANY 125,000.00 ATTORNEY FEES - STORMWATER ISSUE
(Source: September 2006 Check Register)


$160,000: Susan Brandt-Hawley, Attorney for Flanders Foundation
$83,448: William B. Conners, Special Counsel for the City of Carmel-by-the-Sea
(Source: City won't appeal Flanders decision - Preservationists' attorney to get $160K, MARY BROWNFIELD, October 12, 2007)

Tuesday, October 16, 2007

$347,637.34: TOTAL CITY EXPENDITURE FOR SALE OF THE FLANDERS MANSION PROPERTY

ABSTRACT: Since March 2005, prior to the City Council’s unanimous vote to sell the Flanders Mansion property (1.25 acres) at a Special Meeting on September 22, 2005, the City has expended and/or agreed to expend $243,448 in attorney fees, $102,689.34 in consultant’s fees for the Environmental Impact Reports and $1,500 in an appraisal fee for a total of $347,637.34.

CITY COUNCIL
Closed Session
Monday, October 8, 2007


After the City Council’s Open Session, City Council members adjourned to Closed Session, as follows:

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. Existing Litigation - Government Code Section 54956.9(a)- Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents - Monterey County Superior Court Case No. M76728.

In closed session, the City Council decided not to appeal Judge Robert A. O’Farrell’s decision and agreed to compensate Flanders Foundation attorney Susan Brandt-Hawley $160,000 in taxpayer funds.


TOTAL CITY EXPENDITURES FOR SALE OF THE FLANDERS MANSION PROPERTY: Attorney Fees, Transcription Services, EIRs & Appraisal

TOTAL: $347,637.34

TOTAL ATTORNEY FEES: $243,448

$160,000: Susan Brandt-Hawley, Attorney for Flanders Foundation
$83,448: William B. Conners, Special Counsel for the City of Carmel-by-the-Sea
(Source: City won't appeal Flanders decision - Preservationists' attorney to get $160K, MARY BROWNFIELD, October 12, 2007)

$78,160: TOTAL CITY COMPENSATION TO SPECIAL COUNSEL WILLIAM B. CONNERS
M76728, FLANDERS FOUNDATION v. CITY OF CARMEL-BY-THE-SEA et al. (March 2005 – September 2007):

113532 7/31/07 WILLIAM B. CONNERS $ 1,400.00 LEGAL EXPENSES-FLANDERS LITIGATION
113717 8/29/07 WILLIAM B. CONNERS $ 480.00 LEGAL EXPENSES-FLANDERS LITIGATION
----Vendor Total---- $ 1,880.00

113317 6/26/07 WILLIAM B. CONNERS $ 2,140.00 PROFESSIONAL SERVICES

113026 5/15/07 WILLIAM B. CONNERS $ 5,040.00 LEGAL SVCS-FLANDERS LITIGATION

112811 4/17/07 WILLIAM B. CONNERS $ 2,720.00 LEGAL SVCS-FLANDERS LAWSUIT AND OTHER LEGAL

112637 3/20/07 WILLIAM B. CONNERS $ 800.00 LEGAL SERVICES-FLANDERS LAWSUIT

112355 2/13/07 WILLIAM B. CONNERS $12,040.00 LEGAL SERVICES-FLANDERS LAWSUIT

112054 12/22/06 WILLIAM B. CONNERS $ 7,980.00 LEGAL SERVICES-FLANDERS LAWSUIT
112165 1/16/07 WILLIAM B. CONNERS $ 4,440.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 12,420.00

111794 11/14/06 WILLIAM B. CONNERS $ 4,660.00 LEGAL SERVICES-FLANDERS LAWSUIT

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

111097 8/8/06 WILLIAM B. CONNERS $ 260.00 LEGAL SERVICES-FLANDERS LAWSUIT
111150 8/15/06 WILLIAM B. CONNERS $ 500.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 760.00
July 2006 Check Register Not Available via City web site

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

10419 5/2/06 WILLIAM B. CONNERS $ 1,400.00 LEGAL SERVICES-FLANDERS LAWSUIT
110570 5/23/06 WILLIAM B. CONNERS $ 540.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 1,940.00

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

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

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

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

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

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

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

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

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

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

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

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

(Source: Carmel-by-the-Sea California - Official City Website http://www.ci.carmel.ca.us/ March 2005 – September 2007 Check Registers)

TOTAL TRANSCRIPTION SERVICES-FLANDERS LAWSUIT: $3,905.00
113456 7/17/07 GIANNA ROCHA $ 165.00 TRANSCRIPTION SERVICES

110956 7/18/06 GIANNA ROCHA $ 2,445.00 TRANSCRIPTION SERVICES-FLANDERS LAWSUIT

110455 5/2/06 GIANNA ROCHA 175.00 TRANSCRIPTION SERVICES-FLANDERS LAWSUIT

110256 4/4/06 GIANNA ROCHA 1,120.00 TRANSCRIPTION SVCS-FLANDERS LAWSUIT

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

TOTAL CONSULTANT’S FEE FOR ENVIRONMENTAL IMPACT REPORTS: $102,689.34

DRAFT
ENVIRONMENTAL IMPACT REPORT
FOR THE
SALE OF FLANDERS MANSION PROPERTY
Prepared by:
DENISE DUFFY & ASSOCIATES, INC.

And

Final
ENVIRONMENTAL IMPACT REPORT
for the
SALE OF FLANDERS MANSION PROPERTY
August, 2005
Prepared by:
Denise Duffy & Associates, Inc.

109171 10/11/05 DENISE DUFFY & ASSOCIATES $31,909.50 FLANDERS MANSION EIR

108811 8/17/05 DENISE DUFFY & ASSOCIATES $11,496.45 PLAN PROJECTS,PRGRMS,STUDIES

108314 6/1/05 DENISE DUFFY & ASSOCIATES $29,228.85 PLAN PROJECTS,PRGRMS,STUDIES
108414 6/14/05 DENISE DUFFY & ASSOCIATES $4,812.47 PROFESSIONAL SERVICES
----Vendor Total---- $34,041.32

107763 3/7/05 DENISE DUFFY & ASSOCIATES 11,805.90 PLAN PROJECTS,PRGRMS,STUDIES
107926 3/28/05 DENISE DUFFY & ASSOCIATES 13,436.17 PLAN PROJECTS,PRGRMS,STUDIES
----Vendor Total---- 25,242.07

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


TOTAL FLANDERS MANSION APPRAISAL FEE: $1,500.00

109123 9/30/05 MARK ASKEW $1,500.00 FLANDERS MANSION APPRAISAL

(Source: City of Carmel-by-the-Sea web site http://www.ci.carmel.ca.us/, Check Register)

Sunday, October 14, 2007

Rebuttal to Editorial ‘Bizarre’

Thesis of The Carmel Pine Cone (October 12, 2007) editorial ‘Bizarre:’ The Flanders Foundation should not have sued the City Council of Carmel-by-the-Sea et al. because the lawsuit thwarted the “clearly expressed desire” of Carmelites “to use the money invested in the house for some other civic purpose.”

First, Judge Robert A. O’Farrell ruled that the Carmel-by-the-Sea Council violated the California Environmental Quality Act, California Government Code and the City’s Municipal Code in voting to sell the Flanders Mansion property. Question: Is it the editorial writer’s stance that the City should be able to violate California state law and City Municipal law in order to sell a building belonging to the public since 1972?

Secondly, the editorial writer claims that Carmelites have clearly expressed their desire to sell Flanders Mansion. Question: If that claim is true, then why did the City Council hire Special Counsel William B. Conners to argue that the Flanders Mansion property was not “parkland,” therefore the City was not obligated to conduct an election to give Carmelites the opportunity to vote for or against the sale of a publicly owned National Register of Historic Places resource?

Thirdly, the editorial writer claims Carmelites want to use the proceeds from the sale of the Flanders Mansion property for some other civic purpose. Question: If Carmelites want to use the proceeds from the sale of the Flanders Mansion property for “some other civic purpose,” then why have Carmelites, with nearly $10 million in reserve funds and millions and millions of dollars of deferred maintenance, not clamored for the expenditure of some reserve funds for our dilapidated and/or closed cultural assets and decayed and decrepit infrastructure?

Lastly, in the name of Carmelites and their so-called “clearly expressed desire” to sell the Flanders Mansion property, the editorial writer uses Carmelites as a ruse to promote city propaganda; namely, a “principle issue” in recent elections was the sale of Flanders Mansion, when in reality the sale of Flanders Mansion was never a defining issue in any recent election.

Saturday, October 13, 2007

Bad Public Policy: Mayoral Interference with Forest & Beach Commission

ABSTRACT: Although not on the Forest and Beach Commission agenda of October 4, 2007, Mayor Sue McCloud began the meeting lecturing the Commission members about Forest and Beach Commission’s responsibilities for the beach. Verbal exchanges between Mayor McCloud and Forest and Beach Commissioner Bob Tierney ensued. Comments and references with regard to the duties, responsibilities and authority of the Forest and Beach Commission and the powers and duty of the City Administrator are presented; and comments are made about the interference by the mayor as inappropriate and ineffective city policy.

On Tuesday, October 4, 2007, Mayor Sue McCloud attended the Forest and Beach Commission meeting. Although not on the agenda, Mayor McCloud began the meeting by lecturing the Commission members about the Forest & Beach Commission’s responsibilities for the beach. Items presented for them to consider included waterless restrooms at 10th Avenue and 13th Avenue, additional signage, overflowing trash containers, broken railings, falling riprap, et cetera.

In response to Mayor McCloud’s lecture, Forest & Beach Commissioner Bob Tierney stated that the Commission only has an advisory role regarding forest, parks and beach. Mayor McCloud replied that she wanted a “proactive” commission to pay attention to all of its responsibilities (forest, parks and beach). Commissioner Tierney replied that the commission had taken a “proactive” role on the forest and couldn’t get the city council to respond. To that, Mayor McCloud retorted that Commissioner Tierney was out of order since that item was not on the agenda.

COMMENTS:
• The Forest and Beach Commission has the Duties, Responsibilities and Authority to develop a forest, parks and beach management plan, consider and act on tree applications and to advise and make recommendations to the City, including the City Council, et cetera. The Commission is dependent on the City Council for the funding of forest, parks and beach objectives. Note: At the October 4, 2007 meeting, the agenda item under Orders of Business read, as follows: “Continue discussion and provide policy guidance regarding the management of Carmel beach activities and responsibilities.”

• The City Administrator is supposed to be the administrative head of the government of the City and thereby responsible “for the efficient administration of all of the affairs of the City,” including Enforcement of Laws, Fiscal and Budgetary Matters, Powers Over Employees, Direction of Departments, Support of the City Council, Control of Expenditures and Purchasing, Public Works and Public Buildings and Grounds. Furthermore, “the City Administrator shall exercise general supervision over all public buildings, public parks, and all other public property under the jurisdiction of the City Council.”

• The Municipal Code Chapter 2.08 CITY ADMINISTRATOR states, as follows: “The City Administrator may, and upon request of the City Council shall, attend all meetings of…the Forest and Beach Commission,...At such meetings, the City Administrator shall be recognized and heard by the presiding bodies on all matters upon which the Administrator wishes to address such body.” While City Administrator Rich Guillen was similarly not on the agenda, he was present at the meeting and spoke about budget matters. It is unclear whether City Administrator Rich Guillen was attending the Forest and Beach Commission meeting “upon request of the City Council.”

• Forest and Beach Commissioner Bob Tierney is correct in his description of the role of the Forest and Beach Commission as advisory only.

• Mayor McCloud interjecting herself and interfering with the Forest and Beach Commissioners and their agenda is inappropriate and ineffective city policy.

• Mayor McCloud’s meddling in the affairs of the Forest and Beach Commission are reminiscent of her meddling in the affairs of the former Community and Cultural Commission, which ultimately resulted in a less focused and therefore less effective Community Activities and Cultural Commission, as far as community and cultural issues are concerned.

REFERENCES:
Chapter 2.32
FOREST AND BEACH COMMISSION


2.32.060 Duties, Responsibilities and Authority.
The Forest and Beach Commission shall have the following duties, responsibilities and authority:

A. To develop, with the Director of Forest, Parks and Beach, a management plan for the urban forest, parks and beach, and to correlate such plan with the City’s General Plan;

B. To consider and act on applications for tree trimming and tree removal and on matters involving construction in which root cutting or root crown coverage is involved;

C. To advise the City Council or other government instrumentalities of the City with respect to specified items of management and technical forestry and beach matters, including the introduction of new species into the urban forest, or the elimination of existing species;

D. To provide publicity in regard to the problems of the urban forest, including a public information program concerning care of forest resources, and including cooperation with school programs on conservation and the like;

E. To encourage gifts, bequests and devises to be made to the City in furtherance of any present or future object or project associated with the commission;

F. To review plans and submit comments to the Planning Commission as requested by the Department of Community Planning and Building;

G. To advise the City Council or other government instrumentalities of the City on the preservation, enhancement, protection and care of the Carmel-by-the-Sea beach and waterfront area;

H. Upon referral from the City Council, to review and recommend to the City Council possible City positions on proposals in the City, the City’s sphere of influence, or any wider area, which impact the natural environment of the area. (Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Code 1975 § 272).

2.32.070 Authority to Expend Funds.
The Forest and Beach Commission may incur indebtedness in the name of and on behalf of the City in furtherance of its objectives; provided, that funds are appropriated, approved, or budgeted by the City Council, in advance, for such purpose. (Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 213 C.S. § 1, 1970; Code 1975 § 272).

Chapter 2.08
CITY ADMINISTRATOR


2.08.060 Powers and Duties.
The City Administrator shall be the administrative head of the government of the City, under the direction and control of the City Council. The Administrator shall be responsible for the efficient administration of all of the affairs of the City which are under the Administrator’s control, and responsible therefore to the City Council. In addition, and not as a limitation of the general powers of the office, the Administrator shall have the duty and the powers set forth in the following:

A. Enforcement of Laws. It shall be the duty of the City Administrator to assure that all laws and ordinances of the City are enforced and that the orders of the City Council are carried out.

B. Fiscal and Budgetary Matters. The City Administrator shall supervise and be responsible for all fiscal and budgetary matters, advising the City Council on the financial needs of the City, current and future, and shall supervise budget preparation and control, and shall propose an annual salary plan for the City Council.

C. Powers Over Employees. The City Administrator shall be responsible for all employee actions, including recruiting, employment, appointment, advancement, and discharge, with the exception of actions relating to the City Attorney and City Treasurer which shall be carried out by the City Council.

D. Direction of Departments. As the head of the City’s management team, the City Administrator shall be responsible for and shall provide administrative direction for the day-to-day operation of all departmental activities.

E. Support of the City Council. The City Administrator shall be responsible to the City Council for the preparation of agendas, for the provision of all necessary clerical functions for the Council, and the maintenance of necessary records.

F. Control of Expenditures and Purchasing. It shall be the duty of the City Administrator to supervise and control expenditures of City funds. The City Administrator shall be responsible for the purchase of all supplies and services for all departments.

G. Public Works and Public Buildings and Grounds. The City Administrator shall exercise general supervision over all public buildings, public parks, and all other public property under the jurisdiction of the City Council. The Administrator shall review the scheduling of all public works, including street, sidewalk and storm drain projects and repairs, to assure that such projects and repairs create the minimum interference with the normal activities of the community.

H. Additional Duties. It shall be the duty of the City Administrator to perform such other duties and to exercise such other powers as may be delegated from time to time by the City Council. (Ord. 78-5 § 1, 1978; Ord. 77-22 § 1, 1977; Code 1975 § 232).

2.08.070 Internal Relations.
A. Council-Administrator Relations. The City Council and its members shall deal with the administrative services and department heads of the City only through the City Administrator, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the City Administrator. The City Administrator shall take orders and instructions from the City Council only when it is sitting in a duly convened meeting, and no individual Council member shall give any orders or instructions to the City Administrator.

B. Departmental Cooperation. It shall be the duty of all subordinate officers, including department heads, the City Attorney, the City Engineer and the City Treasurer to assist the City Administrator in administering the affairs of the City efficiently, economically and harmoniously.

C. Attendance at Commission and Committee Meetings. The City Administrator may, and upon request of the City Council shall, attend all meetings of the Planning Commission, the Library Board, the Community and Cultural Commission, the Forest and Beach Commission, the Community Activities Recreation Commission, and any other commission, board, or committee created by the City Council. At such meetings, the City Administrator shall be recognized and heard by the presiding bodies on all matters upon which the Administrator wishes to address such body.

D. Appeals of Commission or Committee Decisions. Notwithstanding any other provisions of this code, and consistent with State law, the City Administrator may appeal any decision of any commission, board, or committee created or appointed by the City Council. The appeal shall follow the procedures established for other appeals, except that no fee shall be required. In making such appeal, the City Administrator shall have the same rights, privileges, and responsibilities as any other appellant. (Ord. 98-2 § 1, 1998; Ord. 77-22 § 1, 1977; Code 1975 § 234).

Thursday, October 11, 2007

Sunset Cultural Center, Inc. Chairman Jim Price: “I did not have a clue how we were going to do this.”

ABSTRACT: After Mayor Sue McCloud presented Executive Director Jack Globenfelt with a Certificate of Appreciation for his service to the Sunset Center and Carmel-by-the-Sea, acting Chairman of the Sunset Cultural Center, Inc. Board of Trustees Jim Price remarked that the answer to his not having a clue as to how to effect “diversified programming” at Sunset Center was Jack Globenfelt. Ironically, Price then cited the Carmel Authors & Ideas Festival (“conference”) as an example of “diversified programming.” The irony is the fact that both Executive Director Jack Globenfelt and Chairman Perry Walker are on the public record as stating that the Sunset Center was an uncompetitive venue for “conferences” and as a result “conferences” were not a priority for bookings. The Board did not vigorously support Jack Globenfelt; instead it appears the Board sided with Mayor Sue McCloud and her advocacy for conferences.

City Council Agenda
Regular Meeting
October 2, 2007


IV. Extraordinary Business

Presentation of a Certificate of Appreciation to Jack Globenfelt for his service as Executive Director of the Sunset Cultural Center.

After Mayor Sue McCloud presented Executive Director Jack Globenfelt with his Certificate of Appreciation, Jim Price, Sunset Cultural Center, Inc. Chairman of the Board of Trustees stated, as follows:

“...four years ago, some of us appeared before this council as well as various public meetings to advocate the development of a nonprofit group to become the managers of the Sunset Center. During those presentations, we said, and promised, that we would provide diversified programming at Sunset Center. I did not have a clue how we were going to do this. The answer was Jack Globenfelt. He has the national contacts, and I guess some international, that brought this community performances that would never have been booked without his connections, his leadership and his hard work. Jack, this community has experienced something that I’m not sure anybody expected at the Sunset Center. And you caused that to happen. And we will work very, very hard to see that it continues to happen."

"An example of that, for which we actually can’t claim credit, is the weekend event of the Authors & Ideas conference, which will be spoken to late. But that’s an example of diversity that no one would have expected, it’s never, as far as I know, nothing like it has ever happened at the Sunset Center. So Jack, thank you.”


Later, Jim Price spoke of the retiring SCC board members, including, founding members Sarah Brown, Karen Kaduschin, Perry Walker and member Katherine Bucquet.

Notes:
Other members who have resigned prior to October 2007 include Fred O’Such, Jim Saunders, Demi Briscoe and Gary Luce.

Sunset Center’s web site lists the current SCC, Inc. Board of Trustees, including Deanna Adolph, Steven Hillyard, Michael McMahan, David S. Parker and Jim Price. (Source: http://www.sunsetcenter.org/theatercenterinc.htm)

COMMENTS:
Although now acting Chairman of Sunset Cultural Center, Inc. Jim Price gave credit to Executive Director Jack Globenfelt for “diversified programming at Sunset Center,” and even admitted at the time he “did not have a clue” about how to accomplish that promise to the public, he then ironically cited the Carmel Authors & Ideas Festival (“conference”) as a example of diversified programming. The irony is the fact that both Executive Director Jack Globenfelt and Chairman Perry Walker are on the public record as stating that the Sunset Center was an uncompetitive venue for “conferences” and as a result “conferences” were not a priority for bookings. Moreover, the Sunset Cultural Center, Inc. Board of Trustees did not vigorously support Jack Globenfelt publicly; instead it appears the Board sided with Mayor Sue McCloud and her advocacy for conferences. For a Board to not support the man with the background, experience and contacts and his decisions with regard to Sunset Center programming speaks poorly of the Board and the future of Sunset Center.

Wednesday, October 10, 2007

FOREST THEATRE MASTER PLAN: City Administrator Rich Guillen Misleads Carmelites with Mischaracterization

ABSTRACT: After City Administrator Rich Guillen presented an “update on the Forest Theatre Renovation” at the City Council meeting on October 2, 2007, including his mischaracterization of Brain Congleton’s Forest Theatre Master Plan, Carmel area resident Skip Lloyd contradicted Guillen’s characterization and commented that Brain Congleton’s Forest Theater Master Plan is “quite a comprehensive plan, it goes into far more than just access for handicapped and things like that. It’s a full blown Master Plan.”

City Council Agenda
Regular Meeting
October 2, 2007


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

C. Announcements from City Administrator.

• Receive update on Forest Theater Renovation

City Administrator Rich Guillen presented an update on the Forest Theatre Renovation, as follows:

“Basically, in 2001, Brain Congleton architects completed the Forest Theatre Master Plan and that Master Plan basically addressed the Americans with Disabilities Act and that was presented to the Council and accepted. Later, in 2001, the Forest Theater Foundation had an assessment done by R.F. M. architects that addressed the theatrical needs of the Forest Theatre that was also presented to the City Council around that time. In September 2004, the Forest Theater Foundation requested approval from the city Council to move forward on a fund raising effort and solicited grants so that they could get into a design phase to renovate the Forest Theatre. And they raised about $50,000 in doing that. And so that plan is in pre-design. They hope to have the final stages completed here shortly. And I want to make it clear to the public there is no Master Plan that we have in possession now. We’ve had some requests, saying can we have the Master Plan, it’s not completed, and it’s not in the City’s hands. It’s actually being shepparded by the Forest Theatre Foundation. So please hold off your calls until they come forward. The next stage after they do the pre-design is that they are going to have a neighborhood meeting because obviously we want to have a good relationship with the neighbors next to the Forest Theatre. And then they will come to the Council, make the presentation on the Forest Theatre Master Plan and get some policy direction from the Council."

Later, during Appearances, Skip Lloyd contradicted City Administrator Rich Guillen, as follows:

"...I think Rich, your comment about Brain Congleton’s Master Plan for Forest Theatre (multi-page Master Plan held up), maybe was a little abbreviated, this is quite a comprehensive plan, it goes into far more than just access for handicapped and things like that. It’s a full blown Master Plan.”

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