2008 WELCOME to the BLOG Message!

A BLOG for Carmel-by-the-Sea...The Carmel-by-the-Sea WATCHDOG!...It’s Your BLOG!

With the New Year, it is an opportune time to WELCOME all of you, particularly new readers and commenters, to The Carmel-by-the-Sea WATCHDOG!, a Blog for Carmel-by-the-Sea.

A blog (a portmanteau of web log) is a website with several characteristics;

• Reverse Chronology: Posts are displayed in reverse chronological order.

• Unfiltered Content: Posts & Comments are unedited.

• Comments: Anyone can post a Comment to any Post at any time as Anonymous, Nickname or Blogger.

• Hypertext Links: Highlighted text in the Post, when clicked on go to other websites.

• Informal Attitude: Unique style and tone of the Bloggers and Commenters.

• Appropriated Text: Excerpts of attributed text from other sources.

MISSION of The Carmel-by-the-Sea WATCHDOG!
“Ascertaining the Truth Amid All the Propaganda”

PURPOSE of The Carmel-by-the-Sea WATCHDOG!
Empower Carmelites by providing information and commentary on issues and events in Carmel-by-the-Sea through the use of text, photos and links to other websites. And, most importantly, provide a Forum for interested individuals to post their own Comments about a Post or anything of interest to them.

FORMAT:
The Carmel-by-the-Sea WATCHDOG! is organized, as follows:
• Date (Day, Month, Day, Year) at Top
• Title of Post
• Abstract
• Body of Post
• Posted by VillageinForest at Time (Hour, Minutes) 0 comments Links to this post
• Labels: Name of Label

Notes:
• Labels for all Posts appear in a Column on the right side
• Seven Posts per Screen page

HISTORY:
The Carmel-by-the-Sea WATCHDOG began in March 2006; the first Post was the 2005 Monterey County Civil Grand Jury Report on Open Government. The impetus for the Blog was the desire to provide a Forum where computer savvy individuals could share their ideas, thoughts and concerns about our village. Since then, 698 Posts on issues and events pertaining to Carmel-by-the-Sea have been published on the Blog and numerous Comments by Bloggers have been entered on the Blog.

On COMMENTS:
At the end of each Post is a link “Comments;” just click on this link and a box will appear where you can type your comments, then select Blogger, Nickname or Anonymous, and Preview or Publish Comment.

Bloggers can see other Blogger’s Comments by clicking “Comments” on any Post at any time. These Comments are the heart and soul of The Carmel-by-the-Sea WATCHDOG! Please read them, they are the best!

NOTE:
Please email SebViz2@sbcglobal.net if you have any questions about the Blog or would like Posts emailed to you every time a Post is published on The Carmel-by-the-Sea WATCHDOG! Otherwise, Bloggers can access the Blog anytime @ http://villageinforest.blogspot.com/

Instructions for Posting a Comment on the BLOG

Comments accompanying each Post are the heart and soul of The Carmel-by-the-Sea WATCHDOG! Be sure to check past Posts for new Comments.

How to Post a Comment & Read Others Comments:
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• At the end of each Post, there is a link, "0 comments Links to this post."

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NOTES:
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Article in the San Francisco Chronicle Features Preservationist Enid Sales

ABSTRACT: An informative and interesting article on preservationist Enid Sales in the San Francisco Chronicle by Dave Weinstein. Highlights are presented and a link to the article.

In the January 19, 2008 edition of the San Francisco Chronicle, Dave Weinstein wrote an informative and interesting article about Enid Sales and her work as a preservationist in an article entitled, URBAN RENEWAL Enid Sales helped save San Francisco's Victorian homes and never backed away from a preservation fight.

Highlights include, as follows:
• Biography of Enid Sales

• Preservationist of the Year in 2006 by the California Preservation Foundation

• Over 50 years, as a builder and advocate, Enid Sales “helped define the modern movement for historic preservation.”

• As head of the San Francisco Redevelopment Agency’s residential rehabilitation program, Enid Sales preserved more than 350 Victorians in San Francisco

• “Where to see Enid Sales’ work” in San Francisco, Carmel and Monterey.

• Goal: Making historically or architecturally valuable homes livable while preserving their original style and fabric.

• Active: Sales has been restoring historic homes since the early 1950s in San Francisco, Healdsburg and Carmel.

• Known for: Saving hundreds of Victorians in San Francisco and advocating for preservation on the Monterey Peninsula.

• On Carmel-by-the-Sea, Enid Sales said, "We have been trying to save this fragile community, but unfortunately we really haven't succeeded.”

Invitation to Plant a Tree: Monterey Pine, Monterey Cypress & Coast Live Oak Seedlings

WHAT: Friends of Carmel Forest’s Annual Tree Giveaway of Pine Pitch Canker Resistant Monterey Pine Seedlings, Monterey Cypress and Coast Live Oak Seedlings.

WHEN: Monday, January 28, 2008, 10:00 A.M. – 12:00 P.M.

WHERE: Carmel-by-the-Sea Post Office Parking Lot
N/s 5th Av. between Dolores St. & San Carlos St.

WHO: The Board of Directors of Friends of Carmel Forest Sponsors the Annual Tree Giveaway

WHY: Augment Carmel-by-the-Sea’s “Signature” Forest of Upper Canopy Monterey Pine & Monterey Cypress Trees and Lower Canopy Coast Live Oak Trees and Augment Age Diversity in our "Urbanized" Forest.

FOR MORE INFORMATION: Please call Event Chair Dick Dalsemer @ 620-1514 or Clayton Anderson @ 624-3208.

NOTE: Planting and Tree-Care Information will also be provided.

Power for the Wrong Purposes: Sue McCloud’s Eight Years as Mayor of Carmel-by-the-Sea

“Power tends to corrupt, and absolute power corrupts absolutely.”
(Lord Acton, Letter to Bishop Mandell Creighton, 1887)

Corruption, as Lord Acton meant, means the acquiring and possessing power for the wrong purposes; that is, for the wrong purpose of internal personal gratification that its exercise affords in imposing one’s own personal agenda; and seeing oneself as master of the people, rather than public servant to the people.

Since 2000, Mayor Sue McCloud’s most egregious acts include, as follows:

• Violations of State and Municipal laws ex. sale of the Flanders Mansion property, removal of historic resources from the City's Inventory of Historic Resources as a group, installation of 80 lights in the Ocean Av. medians.

• Underfunding and Understaffing City Departments ex. Fire Department, Community Planning and Building Department, Forest, Parks and Beach Department, Pubic Works Department, Library.

• Secretive contracts with consultants ex. appellate attorney, annexation and zoning consultant.

• Unilaterally disbanding of Commissions when their agendas conflicted with the mayor’s agenda ex. Community & Cultural Commission, Community Traffic Safety Commission, Carmel Art Board.

• Installation of Sunset Cultural Center, Inc. (SCC) as manager of the Sunset Center without the support and consent of Carmelites.

• Instigation of the creation of a Business Improvement Distract (aborted), institution of city-wide paid parking (aborted) and imposition of a Storm Water Drainage Utility Fee which originally was $500,000 of which $250,000 was to be diverted to the General Fund (abandoned after NO vote of property owners).

Moreover, Mayor Sue McCloud has compromised the media, her supporters and city employees.

• The Media: The local print media has either ignored Mayor McCloud’s announcement of running for a fifth term, thereby implying her reelection is inevitable and there is no reason to inform Carmelites about her record and the issues facing the City (The Monterey County Herald) or employed the rhetoric of intimidation to dissuade Carmelites from running against Mayor Sue McCloud and her City Council appointees (The Carmel Pine Cone).

• Supporters: Her supporters have voted for Sue McCloud based of a cult of personality, not on a record of positive accomplishments.

• City Employees: City employees, individually and collectively, fail to be accountable to Carmelites, the least of which is their failure to directly answer questions posed to them from members of the public.

Finally, in her eight years as mayor of Carmel-by-the-Sea, Sue McCloud has projected a sense of entitlement to mayoral term after mayoral term after mayoral term as if her goal in government is permanent control over Carmelites. And she has a record of pursuing the wrong agenda for the City of Carmel-by-the-Sea and Carmelites.

Random Observations & Thoughts

• Forest Theatre: Every Tuesday since December 25, 2007, there has been observed a steady flow of water emanating from the Irrigation Control Valve pipe into a trench for at least 7 continuous hours in the morning and afternoon. This persistent water loss has not been halted.

• Mission Trail Nature Preserve: As of yesterday, all of the tree trunks and branches still obstruct trails except for the Monterey Pine tree on Serra Trail, which was cut into segments and deposited to the side of the trail and the Monterey Pine branches on Willow Trail, at the 11th Av. entrance. Moreover, there have been no Caution tape or notifications about trail conditions posted in MTNP, expect for the County posting signs and placing Caution tape near Hatton Rd.

• Fire Department & Fire Hydrants: Based on a conversation with a Fire Protection District Fireman, there is no excuse for a Fire Department not to follow National Fire Protection Association industry standards and conduct standard water flow tests every year. Additionally, of the 29 Out-of-Service Fire Hydrants is Carmel-by-the-Sea which have been removed, it can be assumed that those are locations where new water lines and fire hydrants will be installed by Cal-Am.

• Mayor McCloud’s Mixed Environmental Record:
Procrastination: On the January 25, 2008 agenda of the Monterey County Mayors was a ban on Styrofoam. Pacific Grove Mayor Dan Cort supports the proposed ban and hopes the mayors and local officials agree. But Carmel-by-the-Sea’s Mayor Sue McCloud, who chairs the Monterey Regional Waste Management District’s litter abatement task force, wants to wait for the District’s proposed ordinance banning Styrofoam, which the District Staff is apparently drafting now.

Immediate Action: At the November 6, 2007 City Council meeting, City Council Members unanimously voted to prohibit smoking in all City parks, including Pescadero Park, Forest Theater and Rio Park.

Attempts to Get Waiver & Exception to City’s Storm Water Discharge Obligations: In 2006/07, with regard to water pollution and the Ocean Plan of the Areas of Special Biological Significance, the City attempted to get a waiver for the City’s storm water discharges into Carmel Bay, at a cost to taxpayers of $250,000, and presently is seeking an exception to the Ocean Plan for our storm water discharges into the Area of Special Biological Significance.

Action: At the October 4, 2005 City Council meeting, City Council Members voted to prohibit smoking on Carmel Beach and the Beach Bluff Pathway.

• Leidig’s Carmel Convalescent Hospital Redevelopment Project Presentation to City vs. County: At the Land Use Advisory Committee meeting on Tuesday, January 22, 2008, Curtis Leidig’s presentation emphasized affordable housing, that is, the construction of more affordable units than required by the County, and the preservation of the “historic” Carmel Convalescent Hospital building. Whereas, in 2007, the Leidig’s presentation to the City of Carmel-by-the-Sea emphasized increased tax revenue to the City and approximately $1 million in “voluntary civic and cultural contributions” to Harrison Memorial Library, Forest Theatre, Carmel Youth Center, et cetera.

• Monterey County Administration & Staff vs. City of Carmel-by-the-Sea Administration & Staff: Recently, questions posed to Monterey County Staff members were met with informative and complete answers. Whereas, in stark contrast, questions posed to City of Carmel-by-the-Sea employees have been either ignored or unsatisfactorily answered. Perhaps the residents of Carmel-by-the-Sea should consider deincorporatation, as the County is more responsive and accountable to residents than the City of Carmel-by-the-Sea.

• Open Communication? Mayor Sue McCloud touts “open communication,” yet since the launch of the city’s website, the website has never had up-to-date agendas and minutes for all commissions. Moreover, Sue McCloud’s own website is similarly not up-to-date; her website has 2004 & 2005 State of the City Reports and Accomplishments of her “First 2 Years 2000-2002,” but lacks 2006, 2007 & 2008 State of the City Reports and accomplishments since 2002.

Additional Information on Leidig’s Proposal Courtesy of County Planning Dept. & Project Planner Liz Gonzales

Project Name: RIGOULETTE LLC
File Number: PLN070497
Project Location: HWY 1 & VALLEY WAY CARMEL
Project Planner: ELIZABETH GONZALES
Area Plan: CARMEL LAND USE PLAN
Project Description: COMBINED DEVELOPMENT PERMIT...

• The owner of the property, for County purposes, is the “Project Name,” not the entity with an option to purchase the property or the developer proposing the project.

• The Rigoulette/Leidig application to the County included studies/reports that were not included in the information given to the Land Use Advisory Committee for their January 22, 2008 meeting; Project Planner Liz Gonzales intends to make copies of the studies/reports commissioned by the applicant and distribute them to the Land Use Advisory Committee Members prior to their next meeting on the continued agenda item, February 19, 2008.

• Land Use Advisory Committee meetings are viewed by the County as neighborhood meetings to inform residents of proposed projects and are considered preliminary in nature. Furthermore, as the name implies, the recommendations of Land Use Advisory Committees are only advisory to other bodies.

• For the Rigoulette/Leidig proposed project, the Planning Permit Process is modified due to the Combined Development Permit being an Amendment to the Local Coastal Plan; therefore, after the Land Use Advisory Committee’s recommendation to the Planning Commission, preparation of an Environmental Impact Report and Staff Report, the Planning Commission, then the Board of Supervisors and ultimately the California Coastal Commission will consider the proposed project.

• Presently, Project Planner Liz Gonzales is preparing to contract with a consultant to prepare the Environmental Impact Report for the Rigoulette/Leidig proposed project; the process is anticipated to be completed within 2-3 months.

• Due to the complex nature of the Rigoulette/Leidig proposed project, the entire process is expected to take between 6-8 months or longer.

• Anyone interested in being notified of all upcoming public hearings on the Rigoulette/Leidig proposed project, please contact Project Planner Liz Gonzales by phone (755-5102) or email (gonzalesl@co.monterey.ca.us) and you will be placed on a list for future notifications about this proposed project.

• At every stage in the process i.e. Land Use Advisory Committee, Planning Commission, Board of Supervisors, citizen, and particularly resident, input is taken very seriously. Moreover, split decisions by any committee or commission are viewed unfavorably as far as final approval of any project submitted to the County is concerned.

Carmel Unincorporated/Highlands Land Use Advisory Committee Meeting on Carmel Convalescent Hospital Redevelopment Project: CONTINUED to February 19

SAVE OUR NEIGHBORHOOD COALITION NO HIGH DENSITY ZONING Sign
Valley Way, Carmel

ABSTRACT: Yesterday, the Carmel Unincorporated/Highlands Land Use Advisory Committee held a public hearing on the Combined Development Permit for the Carmel Convalescent Hospital Redevelopment Project in the Community Room at the Carmel Highlands Fire Protection District Office, Carmel Highlands. The applicant, Curtis Leidig and his attorney Derinda Messenger, presented the Leidig’s Villas de Carmelo Carmel Convalescent Hospital Redevelopment Envisioned project. The power point presentation gave the history of the Carmel Convalescent Hospital structure dating from 1929 to the present and a summary of their proposed project. When the public hearing was opened, of the approximately 40 people in attendance, 16 appeared before the Committee; their issues of concern are presented. COMMENTS are made regarding statements made by attorney Derinda Messenger, annexation and rezoning consultant Pacific Municipal Consultants and Mayor Sue McCloud.

At approximately 5:00 P.M. yesterday, the 6 member Carmel Unincorporated/Highlands Land Use Advisory Committee began discussion on the Combined Development Permit for the Carmel Convalescent Hospital Redevelopment Project in the Community Room at the Carmel Highlands Fire Protection District Office, 73 Fern Canyon Rd, Carmel Highlands. Although Rigoulette LLC is the owner of the property, the applicant, Curtis Leidig, and his attorney Derinda Messenger presented the Leidig’s Villas de Carmelo Carmel Convalescent Hospital Redevelopment Envisioned project. The power point presentation gave the history of the Carmel Convalescent Hospital structure dating from 1929 to the present and a summary of their proposed project. Highlights of the presentation include, as follows:

• Adaptive Reuse of Existing Gardner A. Dailey designed M.J. Murphy constructed Hospital; Affordable Income & Market Rate Housing; Improved Ground Water Percolation and Retention

• Housing Mix of 9 Affordable Units, 4 Workforce Units, 33 Market Rate Units, a total of 46 total Units.

• Cornerstone of Plan includes Historic Preservation and Rehabilitation; Residential Use Consistent with Character of Carmel; 28% Moderate Income and Workforce Housing, essential for Carmel Workers; Providing much needed Traffic Improvements

• “Redevelopment in the Spirit of Carmel”

During discussion between the 6 Committee members and attorney Derinda Messenger and Curtis Leidig, the architectural plans were present. However, apparently the packet of information provided to the Committee members was incomplete. The packet did not include studies on historicity, forest/trees and traffic. Moreover, prior to the meeting, the Committee members had not visited the site on Valley Way and Hwy. 1.

The Public Hearing was opened; of the approximately 40 people in attendance, 16 people appeared before the Committee, including Myrna Hampton for Save our Neighborhoods Coalition, Yoko Whitaker, Roberta Miller for the Carmel Residents Association, Lois Roberts, Barbara Livingston, Herschel Peak, Mark Bayne, Carol Stollery, Joe Norton, Pam Gillooly, Kelly Steele, Doris Fail, William Marcum, Al Saroyan, Wayne Iverson and Angus Jeffers for the owner, Rigoulette, LLC.

Except for Angus Jeffers, representing the owner, Rigoulette, LLC, all of the speakers voiced opposition to the proposed project as presented. Issues of concern included the following:

• Developer’s Interest vs. Neighborhood Residents Interests, In Conflict

• Proposal Violates Land Use Plans

• Oppose High Density Development Project in Single-Family Residential Area; High Density Incompatible with Neighborhood; Retain Medium Residential Density of 2 units/acre

• Proposal represents a New High Density Development Zone for Developers; “Spot Zoning;” a “Dangerous Precedent”

• Proposal Conflicts with Human Scale, Community Character, Quality of Life

• Destruction of Urban Forest, Destroy Ambiance

• Issues involving Privacy, Traffic, Lights, Ambient Noise, Water, et cetera.

• Concerns about Sound Wall, Grading, Tree Removals, Drip Lines

• Traffic Access & Congestion Problems: With closure of Hwy. 1 entrance/exit, as recommended by CalTrans and the Fire Department, traffic congestion problems impacting Upper & Lower Trail, et cetera.

• Proposal would Negatively Affect Current Property Values

After the Public Hearing was closed and discussion between the Committee Members and attorney Derinda Messenger and applicant Curits Leidig, a final Motion was made to Continue the item to February 19, 2008 at 4:00 P.M. in order to accomplish a site visit, receive and review all studies/reports and allow the applicant and his attorney to response to public comments.

COMMENTS:
• After the Public Hearing was closed, attorney Derinda Messenger retold the history of the proposed project, specifically dealing with the Robert Leidig’s application to the City of Carmel-by-the-Sea. Ms. Messenger stated that at first the proposed project was met favorablely and only later was the project met with controversy which ultimately lead to the applicant’s withdrawing his application to the City of Carmel-by-the-Sea. Since the first and only public hearing on Leidig’s proposal was the Carmel-by-the-Sea Planning Commission, April 11, 2007, where an overwhelming majority of speakers voiced opposition to the annexation request and proposed project, Ms. Messenger insinuated that the favorable reception was from Mayor Sue McCloud, as she was the only person with knowledge about the project at that time.

• Under the auspices of Mayor Sue McCloud, the City of Carmel-by-the-Sea contracted with Pacific Municipal Consultants (PMC) for “Professional Planning Services-Carmel Hospital Annexation Site” at a cost of $10,527.60, paid on September 25, 2007.

• While Mayor Sue McCloud declined to meet with representatives from the Save Our Neighborhood Coalition citing the Brown Act, she was covertly seeking advice from a consultant specializing in annexations and rezoning issues.

• For information on Attorney Derinda L. Messenger, including
Experience and Credentials.

• For information on Carmel Unincorporated/Highlands Land Use Advisory Committee Meetings, including future Agendas.

ATTENDANCE REQUESTED: Carmel Unincorporated/Highlands Land Use Advisory Committee Meeting on Carmel Convalescent Hospital Redevelopment Project

WHAT: Carmel Unincorporated/Highlands Land Use Advisory Committee Meeting on Leidig’s Carmel Convalescent Hospital Redevelopment Project; Third Item on the Agenda.

WHEN: Today, Tuesday, January 22, 2008, 4:00 P.M.

WHERE: Carmel Highlands Fire Protection District Office, 73 Fern Canyon Rd, Carmel Highlands, CA.

AGENDA:
Carmel Unincorporated/Highlands Land Use Advisory Committee

TUESDAY, January 22, 2008
4:00 PM at Carmel Highlands Fire Protection District Office, 73 Fern Canyon Rd, Carmel

Monterey County Planning Department
168 W Alisal St 2nd Floor
Salinas CA 93901
(831) 755-5025

A. ROLL CALL

B. APPROVAL OF MINUTES

C. PUBLIC COMMENT: The Committee will receive public comment on non-agenda items that are within the purview of the Committee at this time. The length of individual presentations may be limited by the Chair.

D. SCHEDULED ITEMS

E. OTHER ITEMS: 1) Preliminary Courtesy Presentations by Applicants Regarding Potential Projects/Applications

Project Name: RIGOULETTE LLC

4:00PM File Number: PLN070497

Project Location: HWY 1 & VALLEY WAY CARMEL

Project Planner: ELIZABETH GONZALES

Area Plan: CARMEL LAND USE PLAN

Project Description: COMBINED DEVELOPMENT PERMIT TO INCLUDE AN LOCAL COASTAL PLAN AMENDMENT TO CHANGE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL AND A REZONING FROM MDR/2 TO HDR/12.5 IN THE COASTAL ZONE; A COASTAL DEVELOPMENT PERMIT AND STANDARD SUBDIVISION TO CONVERT A 10,350 SQUARE FOOT CONVALESCENT HOSPITAL INTO NINE CONDOMINIUM UNITS AND CREATE 37 ADDITIONAL CONDOMINIUM UNITS; COMMON SPACE WILL INCLUDE UNDERGROUND PARKING, RECREATION ROOM, STORAGE AND GYM; A COASTAL ADMINISTRATIVE PERMIT TO DEMOLISH TWO EXISTING STRUCTURES AND CONSTRUCT 12 BUILDINGS FOR A TOTAL OF 46 CONDOMINIUM UNITS; A COASTAL DEVELOPMENT PERMIT TO ALLOW DEVELOPMENT ON SLOPES OF 30% OR GREATER; A COASTAL DEVELOPMENT PERMIT TO ALLOW THE REMOVAL OF 97 TREES (21 COAST LIVE OAK AND 76 MONTEREY PINES); AND DESIGN APPROVAL. THE PROPERTY IS LOCATED BETWEEN HIGHWAY ONE AND VALLEY WAY, CARMEL (ASSESSOR'S PARCEL NUMBERS 009-061-002-000, 009-061-003-000 AND 009-061-005-000), COASTAL ZONE.

Recommendation to: PLANNING COMMISSION

NOTES:
• Highlights of Development Permits requests include Change from Medium Density Residential to High Density Residential; Rezoning from MDR/2 to HDR/12.5: Convert Convalescent Hospital into 9 Condominium Units & 37 additional Condominium Units; Underground Parking, Recreation Room, Storage and Gym; Demolish 2 Structures & Construct 12 Buildings for a Total of 46 Condominium Units; Removal of 97 Trees including 21 Coast Live Oak and 76 Monterey Pines.

• For complete Agenda, click on Post title above.

• Please Attend and Voice Your Concerns about this Proposed Project which will Affect All of Us & Our Neighborhood!

• For more information, contact
Save Our Neighborhoods Coalition
225 Crossroads Blvd. #206
Carmel, CA 93923
NeighborCoaliton@aol.com

Open Government, as defined by the 2005 Monterey County Civil Grand Jury, Remains Elusive in Carmel-by-the-Sea

ABSTRACT: With the recent unanimous vote by the City Council to webcast City Council meetings, in addition to Mayor Sue McCloud’s enumerated “open communication” items, the definition of Open Government, as defined by the 2005 Monterey County Civil Grand Jury, is revisited. COMMENTS are made regarding open government, the Civil Grand Jury’s Report on Open Government and the Ralph M Brown Act.

Definition of Open Government: “Open government, in this context, means the ability of the public to submit items to their elected representatives to be agendized for discussion at future city council meetings and to have confidence these items will be responded to in a timely manner and with accountability as to follow-up and resolution.”

“...we concluded that the procedures where currently published appear to be adequate but may be circumvented or arbitrarily executed in certain instances resulting in lack of open debate, delayed or inadequate follow-up and no resolution….Whether or not the public interest is being subverted through any covert process may be immaterial if the public has the perception their interests are not represented and outcomes are predetermined.”
(Source: 2005 MONTEREY COUNTY CIVIL GRAND JURY FINAL REPORT, OPENGOVERNMENT SUMMARY http://www.monterey.courts.ca.gov/Grand_Jury_Report_2005/Civil_Grand_Jury_2005_Final_Report.pdf)

Therefore, in the context of the 2005 Civil Grand Jury Report on Open Government, where “the focus was on the City of Carmel-by-the-Sea,” open government includes, but is not limited to the following, as enumerated on Mayor Sue McCloud’s web site:
• Televised Council meetings (KMST Ch 26 on the Sunday following the Council meeting from 8 a.m. to noon).

• Added seating in the City Hall lobby with closed circuit TV for overflow audiences.

• Placed boxes at the Post Office for agendas of all Council, Commissions, Boards and Committee meetings.

• Established a City website http://www.ci.carmel.ca.us.

• Published a City Newsletter (two issues to date) for all homeowners as a means to provide facts on more complex issues: e.g. the budget.

• Prepared, delivered and mailed to all residents in 2005 the second annual Report on Achieving Council Objectives.

• Meet annually with some 40 commercial property owners in an effort to open regular communication with them on issues of mutual concern.

• Used first names at Council meetings to make our sessions seem more informal and the Council more approachable.

• Posted all correspondence which I receive and send on a Council read board for Council to review.

And recently, the City Council’s unanimously vote at their January 8, 2008 meeting to webcast City Council meetings.

COMMENTS:
• Apparently, Mayor Sue McCloud thinks all of the above enumerated items represent the sum and substance of open government. They do not, as the Civil Grand Jury’s Report on Open Government stipulates. In fact, none of the enumerated items address the deficiencies of Carmel-by-the-Sea’s government; namely “over-control” by the mayor resulting in the public interest being subverted through covert processes and predetermined outcomes. Numerous examples abound, including the selection of Karen Sharp as City Council Member; failures to inform the public at City Council meetings of the mayor’s role in the hiring of a consultant for advise on Robert Leidig’s Carmel Convalescent Hospital Redevelopment project, the hiring of an appellate attorney to advise on an appeal of the Flanders Foundation v. City of Carmel-by-the-Sea lawsuit and the intention to file for an exception to the Ocean Plan for our storm water discharges into Carmel Bay, an Area of Biological Significance; the contracting and /or paying of consultants prior to items being placed on City Council Agendas; failures to respond and/or satisfactorily respond to residents written correspondences; et cetera.

• Moreover, it appears that Mayor Sue McCloud does not have a grasp of the spirit and intent of the Ralph M Brown Act, as follows:

“The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”

• Lastly, openness in government is essential to ensuring that government is operating on behalf of its citizens. Too often, especially in the City of Carmel-by-the-Sea, elected officials and city employees forget or fail to understand that the information held by the government is owned by the public and only held in trust for them by the government. Moreover, without openness and the perception of openness, there is no trust and efficient government; there are no promotion of rights, fairness and the rule of law.

CHALLENGERS TO CITY COUNCIL INCUMBENTS: Dogman McBill & Michael LePage

ABSTRACT: For the City of Carmel-by-the-Sea’s municipal election on April 8, 2008, incumbents Mayor Sue McCloud filed for mayor and City Council Members Ken Talmage and Karen Sharp filed for city council, as reported previously by The Carmel Pine Cone; additionally, Dogman McBill filed for mayor and Michael LePage filed for city council. Information about Mayor Sue McCloud, Dogman McBill, Michael LePage, Ken Talmage and Karen Sharp is presented. COMMENTS concerning the lack of timely reporting by The Carmel Pine Cone about the challengers, what that suggests for future objective, fair and balanced coverage and the importance of character, i.e. integrity, honesty and attitude, are presented.

As the filing period for the City of Carmel-by-the-Sea’s April 8, 2008 election closed on Friday, January 11, 200, in addition to incumbents Mayor Sue McCloud and City Council Members Ken Talmage and Karen Sharp, Dogman McBill filed for mayor and Michael LePage filed for city council.

In April 2006, Dogman McBill challenged Mayor Sue McCloud for mayor of Carmel-by-the-Sea. Of 2,904 eligible voters, 46% voted for 1,343 ballots cast. Mayor Sue McCloud garnered 953 votes (262 at polls, 690 absentee) to win a fourth two-year term, while Dogman McBill garnered 335 votes (105 at polls, 230 absentee).

Michael LePage, former chair and current member of the Design Review Board, filed for city council. LePage was appointed to the Design Review Board in December 2001 and reappointed in October 2005 for another four year term ending in October 2009; the Design Review Board was created in 2000.

Mayor Sue McCloud was elected in 2000 and will be seeking her fifth two-year term as mayor.

Ken Talmage, then a Planning Commissioner, was appointed to the City Council in January 2007; he replaced City Council Member Erik Bethel, who resigned.

Karen Sharp, also then a Planning Commissioner and previously a Design Review Board Member, was appointed to the City Council in August 2007; she replaced City Council Member Michael Cunningham, who resigned.

COMMENTS:
• Amazingly, The Carmel Pine Cone did not cover the filings of Dogman McBill for mayor and Michael LePage for city council in the Friday, January 18, 2008 newspaper. Given the filing deadline of Friday, January 11, 2008, The Carmel Pine Cone’s omission of a timely article about the challengers and the upcoming campaigns and election raises serious questions about the news priorities of Owner/Publisher/Editor/Reporter Paul Miller.

• The Carmel Pine Cone’s Editorial, A race with no challengers?, on December 14, 2007, was a “on the one hand, on the other hand” editorial; on the one hand, the editorial stated that "token — or nonexistent — opposition...wouldn’t be a good thing” and “The lack of competition is a pity,” but on the other hand the editorial stated that “we don’t think the race should attract anyone who hasn’t lived in town at least a decade and served on a city board or commission for several years.” While Editor/Publisher/Owner/Reporter Paul Miller is entitled to his opinions, his bias about the qualifications of candidates raises questions about whether coverage of the campaigns will be objective, fair and balanced.

• The Carmel Pine Cone’s news and commentary history of being favorable to incumbents and current city officials, even to the extent of omitting critical and significance information that Carmelites should have been informed about, also raises questions about the fairness of the upcoming coverage of the candidates and the issues.

• While The Carmel Pine Cone takes the position that being a “city council member isn’t easy, and the decisions it requires aren’t for rookies,” it is the WATCHDOG’s position that the character of the candidate is more important than the experience of the candidate, especially given the fact that the issues facing Carmel-by-the-Sea are not complex or complicated issues. Simply put, candidates with a history of integrity and honesty and an attitude that open government is more than a city website, televised City Council meetings, webcasts, et cetera, should be supported and elected to the positions of mayor and city council of the City of Carmel-by-the-Sea.

No Resident-Initiated Dialogue with City “Expert” Allowed

ABSTRACT: A Carmelite’s emails sent directly to Administrative Services Director Joyce Giuffre were not answered by her, as requested. Instead, City Administrator Rich Guillen intruded and stonewalled under the guise of the Public Records Act. Apparently, under the McCloud administration, Carmelites cannot have the expectation that they can engage in open dialogue with the city's “experts” for the purpose of getting answers to specific questions.

Oblivious to the public service ethic of “government of the people, by the people, for the people,” Administrative Services Director Joyce Giuffre refused to respond directly via email to a Carmelite’s questions about the city’s finances and instead forwarded the Carmelite’s email to City Administrator Rich Guillen who stonewalled under the guise of the Public Records Act.

Herewith is correspondence from a Carmelite to Administrative Services Director Joyce Giuffre and City Administrator Rich Guillen’s emails.

• Wednesday, January 9, 2008:
A Carmelite sent the following email to Administrative Services Director Joyce Giuffre, formerly the City’s Finance Manager.

Information from the City and Questions, as follows:

CITY OF CARMEL-BY-THE-SEA
STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES - Governmental Funds
Year Ended June 30, 2006
Fund Balances - Beginning of Year, restated: $8,322,653
Fund Balances - End of Year: $ 9,147,454

CITY OF CARMEL-BY-THE-SEA
STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES - Governmental Funds
Year Ended June 30, 2007
FUND BALANCES – BEGINNING OF YEAR: $8,789,839
FUND BALANCES – END OF YEAR: $10,854,498
Questions:
Can you explain why the End of Year Fund Balance for FY 2005/06 is not the same figure as the Beginning of Year Fund Balance for FY 2006/07?

Additionally, the Auditor’s Total Fund Balance for FY 2005/06 is not the same figure as the City’s figure.

Can you explain these apparent discrepancies?

• Wednesday, January 16, 2008:
Instead of responding, City Administrator Rich Guillen sent the following email.

The Administrative Services Director has prepared a document to address the questions you asked below. You can pick it up at City Hall for $0.10 per page.

If you should need any further assistance, please don’t hesitate to see me.

• Wednesday, January 16, 2008:
Again the Carmelite emailed the Administrative Services Director, Joyce Giuffre, as follows:

The City of Carmel-by-the-Sea’s Code of Ethics states, in part, as follows:

“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.”

In the private sector, efficiency dictates prompt, professional responses from the person contacted or the expert in the field. In this case, as the City’s finance “expert,” I expect a prompt, professional response via email directly from you. If you cannot comply, as requested, I suggest the City repeal the City’s Code of Ethics.


• Thursday, January 17, 2008:
Again, instead of Administrative Services Director Joyce Giuffre responding directly, City Administrator Rich Guillen sent an email, as follows:

Ms. Giuffre complied with your request and I responded accordingly. The public information you’ve requested is here at City Hall for you to pickup.

Please let me know how we can further assist you.

COMMENTS:
• Despite the City of Carmel-by-the-Sea’s Municipal Code, Article I. Code of Ethics stating that “We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people,” our city government will not permit a city “expert” to engage in dialogue with a member of the public for the purpose of answering specific questions. Instead, as this particular example demonstrates, the City Administrator intrudes and stonewalls under the guise of the Public Records Act.

• For context, email inquiries to other city governments, near and far, have yielded prompt, professional responses from those cities experts. In stark contrast, email inquiries to the City of Carmel-by-the-Sea are met with intrusion by the City Administrator to the extent that open dialogue with a city “expert” on items in the public record is forbidden.

REFERENCE:
Carmel-by-the-Sea
Municipal Code

Chapter 2.52
PERSONNEL SYSTEM*

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).
(Source: http://www.codepublishing.com/CA/carmel.html)

MISSION TRAIL NATURE PRESERVE: Photographic Depictions of Blocked (partially & completely) Trails & Residential Structural Damage due to Winter Storm

Mission Trail Nature Preserve Sign

Near Mt. View Av. Entrance
View of Section of Pedestrian Bridge Damaged from Fallen Monterey Pine Tree

Trail between Serra Trail & Hatton Rd. (County)
View of DANGER TRAIL CLOSED & Caution Tape
Fallen Monterey Pine Trees Over & Obstructing Trail

Flanders Trail
View of Fallen Monterey Pine Tree over Trail

Nature Trail off Fire Lane; Fire Lane between Serra Trail & Flanders Mansion Driveway
View of Fallen Monterey Pine Tree Branch over Nature Trail

Intersection of Doolittle Trail & Mesa Trail
View of Fallen Monterey Pine Trees over Doolittle Trail-Mesa Trail Intersection

Serra Trail
View of Fallen Acacia Tree Over Serra Trail across from Doolittle Trail & Bench
Note: Acacia narrowly missed Aaron’s Canine Christmas Tree (Redwood Tree to right of Acacia Tree)

Willow Trail Tunnel Nature Trail
View of Fallen Willow Tree over Nature Trail



Willow Trail
View of Monterey Cypress Trunk, Areas of Broken Off Limbs (Upper Photo)
View of Fallen Monterey Cypress over Willow Trail (Lower Photo)

Willow Trail @ 11th Av. Entrance
View of Fallen Monterey Pine Tree Branches over Willow Trail

Serra Trail
View of Fallen Monterey Pine Tree & Coast Live Oak over Serra Trail between Fire Lane & Pedestrian Bridge to Willow Trail

View from Serra Trail, Residence on Trail View, South of Flanders Way
Rear Elevation of Residence Damaged by Fallen Monterey Pine Tree, Boarded Up Residence

NOTE: For Map of Mission Trail Nature Preserve, including trails, click on Post title above or click http://www.ci.carmel.ca.us/images/missiontrailmap1.jpg

FINAL DAY: Filing Period for April 8, 2008 General Municipal Election

COMMENTS:
When incumbents run unopposed...

• Vital issues are unexamined.
• Incumbents fail to earn their respective positions; it is a coronation.
• Our country ceases to be a viable republic.

And finally, even though incumbents “win,” we all really lose!

“GO FOR IT!” Filing Period for Municipal Election Closes Friday, 11 January 2008

City Council Minutes
Regular meeting
November 6, 2007

X. RESOLUTIONS
A. Consideration of a Resolution calling the April 8, 2008 General Municipal Election for the purpose of filling two seats on the City Council and the Mayor’s seat and requesting services from the Monterey County Registrar of Voters.

Council Member HAZDOVAC moved adoption of a Resolution calling the April 8, 2008 General Municipal Election for the purpose of filling two seats on the City Council and the Mayor’s seat and requesting services from the Monterey County Registrar of Voters, seconded by Council Member ROSE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, SHARP, TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

COMMENTS:
• For the purpose of the election of a Mayor and two City Council Members, the filing period closes Friday, January 11, 2008.

• For information about the nomination process, click on Post title above for the California Elections Code, ELECTIONS CODE SECTION 10220-10230, or copy, paste and click http://caselaw.lp.findlaw.com/cacodes/elec/10220-10230.html

• Additional information regarding the complete nomination process, et cetera, is available at City Hall, E/s Monte Verde St. between Ocean Av. & 7th Av.

Absence of Context for City’s “reasons to maintain adequate reserves”

ABSTRACT: On the January 8, 2008 City Council Agenda is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAAPPROVING THE USE OF THE FY 2006/07 GENERAL FUND SURPLUS OF $1,904,018; the allocations were approved by “consensus” by the City Council at their 4 December 2006 meeting. In support of the Resolution, specifically Recommendation #3: Transfer to Capital Reserve Fund, Administrative Services Director Joyce Giuffre cites five reasons for maintaining adequate reserves. Comments are made regarding the city’s reserve fund level and the absence of context, i.e. deferred maintenance requirements, for the City Council and City Administrator to make “prudent” decisions with regard to the appropriate balance between deferred maintenance requirements and reserve funds.

City Council Agenda
Regular Meeting
January 8, 2008

X. Resolutions
A. Consideration of a Resolution approving the use of the FY 2006/07 General Fund Surplus of $1,904,018.

At the 4 December 2007 City Council meeting, the City Council approved by “consensus” the following allocations for the $1,904,018 FY 2006/07 surplus appearing in the following Resolution on the January 8, 2008 City Council agenda:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAAPPROVING THE USE OF THE FY 2006/07 GENERAL FUND SURPLUS OF $1,904,018

1. Approve establishing a Reserve for Debt Reduction-Sunset Center Certificates of Participation and transfer $674,500 from the General Fund to the new reserve.

2. Approve using General Fund monies to pay off the balance due on Westamerica note #526-00598 and Westamerica leases 526-00685 and 526-00930 (approximate payoff amount = $325,500).

3. Approve General Fund expenditures for the Police Department Autofind Mobile GPS system in an amount not to exceed $71,575.

4. Approve General Fund expenditures for a Fire Department generator in an amount not to exceed $60,000.

5. Approve the transfer of $772,443 from the General Fund to the Capital Project Reserve Fund.

In support of the Resolution, Administrative Services Director Joyce Giuffre’s Staff Report includes five reasons to “maintain adequate reserves,” as follows:

CITY OF CARMEL-BY-THE-SEA
Staff Report
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JOYCE GIUFFRE, ADMINISTRATIVE SERVICES DIRECTOR
DATE: JANUARY 8, 2008
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING THE USE OF THE FY 2006/07 GENERAL FUND SURPLUS OF $1,904,018

Recommendation #3: Transfer to Capital Reserve Fund
Assuming that portions of the FY 2006/07 General Fund surplus are applied according to Recommendations #1 and #2 above, there will be $772,443 remaining. Staff recommends a transfer of the remaining $772,443 to replenish the Capital Reserve fund. Currently, the City has reserve funds designated for specific purposes as outlined in Exhibit C.

It is important to note that over 50% of the total reserves balance is designated based on municipal code, City policy, or trust agreement provisions. The remaining reserve balances are based on previously approved Council resolutions.

There are significant reasons why it is financially prudent for Carmel-by-the-Sea to maintain adequate reserves, including:
• Set aside funds for future capital needs, i.e. a “savings account”, to fund projects that can not be funded with annual operating revenues. Examples are street and road projects that will require funding once the Pavement Management Study is completed and presented to the City Council by Nichols Engineering;

• Prepare for possible revenue shortfalls due to economic downturns affecting tourism, which is the main source of the City’s revenue stream;

• Possible decreases in State funding in lieu of the current State budget $10 billion shortfall;

• Impending required financial resources to comply with Areas of Special Biological Significance (ASBS) discharge regulations; and

• Prepare for financial losses related to natural disasters that can occur to City's forest or beach area

Recommendation #3 is to transfer $772,443 from the General Fund to the Capital Reserve to replenish reserves.

City of Carmel-by-the-Sea
Statement of Revenues, Expenditures and Changes in Fund Balances
General Fund
Year Ended June 30, 2007

REVENUES------------------------------------------------$13,556,103

LESS OPERATING EXPENDITURES----------------------$(11,652,085)

EXCESS OF REVENUES OVER (UNDER) EXPENDITURES-$1,904,018

OTHER FINANCING SOURCES (TRANSFERS IN/(OUT)---$160,641

NET CHANGE IN FUND BALANCES-----------------------$2,064,659

FUND BALANCES – BEGINNING OF YEAR----------------$8,789,839

FUND BALANCES – END OF YEAR----------------------$10,854,498

Exhibit A


COMMENTS:
• For the Fiscal Year ending June 30, 2007, the City’s Fund Balance is $10,854,498, according to the City. Note: For the last Fiscal Year, FY ended June 30, 2006, the Total Fund Balance was $9,593,226.00, which represents an increase of $694,804 over the previous fiscal year, according to Nicholson & Olson, Certified Public Accountants, the City's Auditor.

• For Reserve Funds, the convention or “sweet spot” is 15%; that is, usually not more than 15% of a city’s annual budget is in reserve funds. While an exception can be argued for the City of Carmel-by-the-Sea due to tourism being the “main source of the City’s revenue stream,” 93% is extremely high for any city.

• There is an essential element missing from Administrative Services Director Joyce Guiffre’s Staff Report; and that is, an estimate of the city’s deferred maintenance requirements. Without an estimate of the city’s deferred maintenance requirements, the City Council and City Administrator does not have context to make “prudent” decisions with regard to the appropriate balance between deferred maintenance requirements and reserve funds. Moreover, if the ratio of deferred maintenance requirements to reserve funds is allowed to get too high, then essential city projects are not accomplished in a proactive, timely manner and the costs of finally addressing deferred maintenance requirements are more prohibitive than necessary.

• In regard to one of Administrative Services Director Joyce Guiffre’s “significant reasons why it is financially prudent for Carmel-by-the-Sea to maintain adequate reserves, including:
• Impending required financial resources to comply with Areas of Special Biological Significance (ASBS) discharge regulations;” it is important to note that the City of Carmel-by-the-Sea, instead of expending taxpayer monies to comply with the law pertaining to discharges into Carmel Bay, has already expended $250,000 in taxpayer monies in a failed effort to obtain a waiver and has informed the State Water Resources Control Board of the City’s intent to pursue an “exception” to the Ocean Plan for its storm water discharges to the ASBS i.e. Carmel Bay.

California Coastal Commission 10 January 2008 Agenda Item: City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan)

ABSTRACT: After the City Council adopted a Resolution establishing the Forest Cottages Specific Plan for the site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street and the adoption of a Negative Declaration and Ordinance amending the Local Coastal Program for the creation of a Community Plan District at their March 7, 2006 meeting, the City applied for an amendment to the Local Coastal Program. After review of the City’s proposed Implementation Plan (IP) amendment, the Coastal Commission Staff recommends Denial of Implementation Plan Amendment as Submitted because “the Specific Plan is not detailed enough to hone in on what might be expected to follow in terms of siting, design, and landscaping. As such, the Specific Plan is not detailed enough to ensure that a future project approved under the Plan would be consistent with maintaining Carmel’s community character, including in relation to the protection of natural and historic resources.” After denial, the Staff recommends Approval of Implementation Plan Amendment if Modified; modifications include Landscape and Tree Screening Plan Requirement, including the mandatory planting of Monterey Pine, Monterey Cypress and Coast Live Oak, Revision of the “New Structures” section to ensure that future development conforms to the project plans submitted to the Commission with the LCP amendment package, Historic Structures and Tree Protection Revisions i.e. “Alterations to Vegetation or Existing Structures” section and Drainage Plan Requirement. The agenda item “City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan)” is on the California Coastal Commission’s Thursday, January 10, 2008 agenda; the meeting is to be held at the Marina del Rey Hotel, Marina del Rey, CA.

UPDATE:
CENTRAL COAST DISTRICT
13. LOCAL COASTAL PROGRAMS (LCPs).
a. City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan). Public hearing and action on request by City of Carmel to amend certified Local Coastal Program Implementation Plan to include a specific plan for 13,085 sq. ft. site along Ocean Avenue (between Torres and Mountain View) that would provide for four new condominium units and two affordable units within an existing historic structure. (MW-SC) [APPROVED WITH MODIFICATIONS]
(Source: http://www.coastal.ca.gov/mtgcurr.html)

Herewith is the California Coastal Commission Staff Report regarding the City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan); selected excerpts, as follows:

Prepared December 20, 2007 (for January 10, 2008 hearing)
To: Commissioners and Interested Persons
From: Dan Carl, District Manager
Mike Watson, Coastal Program Analyst
Subject: City of Carmel-by-the-Sea Local Coastal Program Major Amendment Number 1-06 (Forest Cottages Specific Plan). For public hearing and action at the California Coastal Commission’s January 10, 2008 meeting.

Summary
The City of Carmel-by-the-Sea proposes to amend its certified Local Coastal Program (LCP) Implementation Plan (IP) to establish a Community Plan District and a Specific Plan (known as the “Forest Cottages Specific Plan”) on four contiguous lots sandwiched between Torres Street, Mountain View Avenue, and Ocean Avenue near the entrance to the main village area as one drops into Carmel from Highway One. The proposed Specific Plan identifies specific uses, standards, and guidelines that would be applied to future development of the site. The Forest Cottages Specific Plan would be inserted into the LCP as a component of IP Chapter 17.22.

The Forest Cottages Specific Plan generally reflects the LCP’s single family residential (R-1) provisions in terms of land use issues (i.e., type of uses, development standards, etc.), the multi-family residential (R-4) standards for parking requirements, and the residential design guidelines for design related issues. The Plan also requires lot merger, and provides for four new residential condominium units, preservation and restoration of an existing historic residence to be used to house two affordable housing units, an eight-space underground parking garage, and roughly 2,000 square feet of open space at the corner of Mountain View Avenue and Ocean Avenue.

The Forest Cottages Specific Plan generally addresses coastal resource issues regarding residential development in Carmel, including establishing use, density, and intensity standards that are compatible with the surrounding neighborhood and Carmel’s built environment. However, the Specific Plan is not detailed enough to hone in on what might be expected to follow in terms of siting, design, and landscaping. As such, the Specific Plan is not detailed enough to ensure that a future project approved under the Plan would be consistent with maintaining Carmel’s community character, including in relation to the protection of natural and historic resources. As such, the Plan cannot be found consistent with the provisions of the certified Land Use Plan (LUP), the standard of review for IP amendments.

Accordingly, and in order to ensure that LUP consistency is achieved, staff recommends that the IP amendment be approved only if the Specific Plan is modified to tether it explicitly to the City-approved project, and to require that more detailed landscaping and water quality parameters consistent with the LUP are made part of any final action here (i.e., the City would still need to take a final coastal permit action if the Specific Plan is certified by the Commission). These changes are necessary to ensure that the City’s character and resources are protected at this important gateway site relative to the City’s village core.

With the suggested modifications, staff recommends that the Commission find that the proposed Implementation Plan amendment is consistent with, and adequate to carry out the provisions of the certified Land Use Plan.

II. Suggested Modifications
The Commission suggests the following modifications to the proposed LCP amendment, which are necessary to make the requisite consistency findings. If the City accepts and agrees to each of the suggested modifications within six months of Commission action (i.e., by July 10, 2008), by formal action of the City Council, the LCP amendment will become effective upon Commission concurrence with the Executive Director’s finding that this acceptance has been properly accomplished. Where applicable, text in cross-out format denotes text to be deleted and text in underline format denotes text to be added. All changes apply within LCP IP Chapter 17.22 (Community Plan Districts/Specific Plans) under Article 1: Forest Cottages Specific Plan

1. Landscape and Tree Screening Plan Requirement. Add the following new text after the section on Parking requirements as follows:

Landscaping:

A Landscape Plan shall be submitted to the City Forester for review and approval and shall include an appropriate mix of upper and lower canopy vegetation that will ensure the project site is adequately screened from public roadways along Ocean Avenue, Mountain View Avenue, and Torres Street for the life of the project. Upper canopy trees (i.e., Monterey pine and cypress) as well as lower canopy trees (i.e., coast live oak) shall be planted within the required open space area and along the Ocean Avenue, Mountain view Avenue, and Torres Street road rights of way in a manner that approximates a natural woodland and to screen the development from the roadways at plant maturity. All existing vegetation along the Ocean Avenue and Mountain View Avenue public rights-of-way, as well as new landscaping required on-site, including trees, shrubs, and plants shall be maintained in a healthy growing condition for the life of the project. The Landscape Plan shall include performance criteria that upon maturity, a continuous tree canopy and understory will as described above, obscure Ocean Avenue views of the project site, and be maintained thereafter over the life of the development, including explicit remediation requirements to replace dead or poorly performing trees and vegetation as necessary to maintain the visual screen required. All replacement trees and vegetation shall be comprised of native species indigenous to Carmel (i.e., from local stock).

All existing non-native, invasive species shall be removed and shall be kept from the entire site in perpetuity. The Landscape Plan shall assure that no plant species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, or as may be identified from time to time by the State of California are used or allowed to persist on the site. The plan shall also ensure that no plant species listed as a noxious weed by the State of California or the U.S. Federal Government are used.

2. Ensure Consistency With Project Plans. Revise the “New Structures” section to ensure that future development conforms to the project plans submitted to the Commission with the LCP amendment package (see Exhibit E) as follows:

New Structures:

This Development of the Forest Cottages Specific Plan site shall be carried out approved in conjunction accordance with design approvals DR 05-7/UP 05-5 issued by the Planning Commission on December 7, 2005 for the construction of four new residential units, modification of the existing historic structure for two affordable housing units, a subterranean garage, and site circulation, drainage, and landscaping.

All development shall be substantially in conformance with the project plans titled Forest Cottages approved under DR 05-7 and UP 05-5. All future proposals for new construction or alterations shall require approval of all requisite permits, including coastal development permits, by the Planning Commission, and shall be preceded by an amendment to the Forest Cottages Specific Plan (i.e., an LCP Implementation Plan amendment). In considering such applications, the Planning Commission shall address the following: …

3. Historic Structures and Tree Protection. Revise the “Alterations to Vegetation or Existing Structures” section as follows:

Alterations to Vegetation or Existing Structures:

The following regulations shall apply to the existing historic structure and vegetation within the Specific Plan area.

A. Historic Structure. The existing historic structure on lot B shall be protected, preserved, and enhanced. All proposals for additions or alterations shall be subject to Historic Review in accordance with CMC (Implementation Plan) Section 17.32.14 and Design Review in accordance with CMC (Implementation Plan) Section 17.58.

B. No tree as determined by the City Forester to be significant shall be removed with out approval of the Forest and Beach Commission. Applications for tree removal, pruning, or alteration shall be carried out in accordance with CMC (Implementation Plan) Section 17.48. Significant trees that have been removed shall be replaced in accordance with the provisions of CMC (Implementation Plan) Sections 17.48.8 and 17.48.10. All vegetation alterations shall be consistent with the Landscaping provisions required by this specific plan.

4. Drainage Plan Requirement. Add the following new text after the section on Development Regulations as follows:

Drainage Plan:
A drainage plan shall be submitted to the City of Carmel-by-the-Sea Community Planning and Building Department for review and approval. The plan shall be in substantial conformance with the July 6, 2006 plans prepared by Neill Engineers Corp. and approved under DR 05-7 and UP 05-5, which shall be revised and supplemented to comply with the following requirements:

The drainage plan shall identify the specific type, design, and location of all drainage infrastructure and Best Management Practices (BMPs) necessary to ensure that post construction drainage from the project, including runoff from the residences, paths, parking areas, and other impervious surfaces, does not result in erosion, sedimentation, or the degradation of coastal water quality. Such plan shall clearly identify a drainage system designed to collect, filter, and treat all runoff prior to its discharge from the site and to remove vehicular contaminants and other typical urban runoff pollutants more efficiently than standard silt and grease traps. The drainage system shall be designed to filter and treat (i.e., a physical and/or chemical reduction of pollutants achieved through active filtration and treatment) the volume of runoff produced from each and every storm event up to and including the 85th percentile 24- hour runoff event for volume-based BMPs and/or the 85th percentile, 1-hour runoff event (with an appropriate safety factor) for flow-based BMPs prior to its use for on-site infiltration, landscape irrigation, and/or discharge. The drainage system may include natural biologic filtration components such as vegetated filter strips, percolation pits, and grassy swales provided that they are populated with native plant species capable of active filtration and treatment (e.g., rushes). If grades require, natural check-dams may be used in such biologic filters. The applicant shall be responsible for implementing and maintaining drainage, erosion, and sedimentation control measures and facilities for the life of the project. This shall include performing annual inspections, and conducting all necessary clean-outs, immediately prior to the rainy season (beginning October 15), and as otherwise necessary to maintain the proper functioning of the approved system.

NOTE: For the complete Staff Report, Click on Post title above or copy, paste and click
http://documents.coastal.ca.gov/reports/2008/1/Th13a-1-2008.pdf

COMMENTS:
• The California Coastal Commission Staff’s recommendation to the California Coastal Commission to only approve the City of Carmel-by-the-Sea’s LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan) with modifications suggests the Coastal Commission Staff does not trust the City to implement all necessary measures without detailed specifics from the Coastal Commission.

• One of the modifications tellingly calls for “Upper canopy trees (i.e., Monterey pine and cypress) as well as lower canopy trees (i.e., coast live oak) shall be planted within the required open space area and along the Ocean Avenue, Mountain view Avenue, and Torres Street road rights of way...” for the purpose of screening the project site from public roadways along Ocean Avenue, Mountain View Avenue and Torres Street.

REFERENCES:
CALIFORNIA COASTAL COMMISSION
January 2008 Agenda
Marina del Rey Hotel
13534 Bali Way
Marina del Rey, CA 90292

THURSDAY, JANUARY 10, 2008
CENTRAL COAST DISTRICT.

13. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan). Public hearing and action on request by City of Carmel to amend certified Local Coastal Program Implementation Plan to include a specific plan for 13,085 sq. ft. site along Ocean Avenue (between Torres and Mountain View) that would provide for four new condominium units and two affordable units within an existing historic structure. (MW-SC)
(Source: http://www.coastal.ca.gov/mtgcurr.html)

MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 7, 2006

X. RESOLUTIONS
B. Consideration of a Resolution establishing the Forest Cottages Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4) and the adoption of a Negative Declaration.

Council Member HAZDOVAC moved approval of the Resolution establishing the Forest Cottages Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4) and the adoption of a Negative Declaration , seconded by Council Member CUNNINGHAM and carried by the following roll call:

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

IX. ORDINANCES
A. Consideratin of an Ordinance (First Reading) amending the Local Coastal Program for the creation of a Community Plan District and Adoption of a Resolution establishing a Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4).

As the Ordinance was a component of the previously addressed Resolution.

Council Member CUNNINGHAM moved approval of Ordinance amending the Local Coastal Program for the creation of a Community Plan District and Adoption of a Resolution establishing a Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4), seconded by Council Member HAZDOVAC and carried by the following roll call:

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

(Source: http://www.ci.carmel.ca.us/)

AFTERMATH of January 2008 Storms: Photographic Depictions

WINTER STORMS JANUARY 2008
Thursday, January 3, 2008 – Saturday, January 5, 2008

Precipitation Total: 2.48 inches/ 6.3 cm.
Wind Directions: South/SSE
Maximum Wind Speed: 30 mph/48 km/h
Maximum Gust Speed: 52 mph/84 km/h
(Source: http://www.wunderground.com/; information for Monterey, CA.)

Herewith is a selective photographic depiction of the January 2008 Winter storm damage to public and private property, including structural damage to residences and cracked/fallen trees in the City of Carmel-by-the-Sea.
Cracked/Fallen Monterey Cypress Tree, Carmel Beach
North of Del Mar Av., West of Del Mar Restroom

Cracked/Fallen Monterey Cypress Tree
E/s San Antonio Av. between 7th Av. & 8th Av.

BEFORE
Coast Live Oak Tree
Ocean Av. & Dolores St., N.E. Corner

AFTER
Remains of a Damaged Coast Live Oak Tree
Ocean Av. & Dolores St., N.E. Corner

Structural Damage to Residence
Fallen Monterey Pine Tree from Mission Trail Nature Preserve through Fence & onto Residence
E/s Forest Rd @ Mountain View Av.

Structural Damage to Residence
Fallen Monterey Pine onto Residence & Garage
E/s Guadalupe between 3rd Av. & 4th Av.

Downed Lines with Caution Tape
Santa Rita St. between Ocean Av. & Mountain View Av.

Forest Theatre
Mountain View Av. & Santa Rita St.
Cracked/Fallen Monterey Pine Tree through Grapestake Fence, Josselyn Lane, Private Property Fence & onto Private Property

Forest Theatre
Close-Up of Cracked/Fallen Monterey Pine Tree Trunk

In Need of Repair, Forest Theatre Grapestake Fence
Along Mountain View Av.

Forest Theatre: Preventable Periodic Water Loss from IRRIGATION CONTROL VALVE

ABSTRACT:
On at least two separate occasions in late December 2007 and early January 2008, a continuous water flow was observed emanating from a pipe connected to the IRRIGATION CONTROL VALVE near the enclosed dumpster at the Forest Theatre. A Question is asked regarding the City’s plan to stop this unnecessary and preventable periodic loss of water.

IRRIGATION CONTROL VALVE
Continious Water Flow
Near Enclosed Dumpster
Forest Theatre
Mountain View Av. & Santa Rita St.

IRRIGATION CONTROL VALVE & Trench Filling with Water

DESCRIPTION:
• On Christmas Day, Tuesday, December 25, 2007, a neighbor of the Forest Theatre heard a gargling sound emanating from the area near the dumpster enclosure in Forest Theatre. Upon closer examination, next to the irrigation control valve was a square cubic area filled with water. Later, another concerned neighbor dug a trench to dissipate some of the water and discovered what had been a submerged pipe emitting a continuous flow of water. Sometime later, the water flow subsided. Then, on New Year’s Day, Tuesday, January 1, 2008, water was again observed continuously flowing from the same pipe into the trench. Apparently, there is a non-mechanical, electronic trigger mechanism causing continuous water flow from this pipe on a periodic basis at the Forest Theatre.

QUESTION:
• What is the City’s plan to rectify the unnecessary and preventable periodic loss of water emanating from one of the three irrigation control valves in the Forest Theatre?

Carmel Art Association Presents ANNUAL FINE ART SALE

Carmel Art Association
“Celebrating 80 years of local art”
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays, Open to the Public at No Charge

“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.”

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

Carmel Art Association Presents ANNUAL FINE ART SALE

Thursday, January 3, 2008 - Tuesday, February 5, 2008

Two All-Member Shows:
"Wall of Opportunity" Exhibit: Segal Room.
"Moods Expressed as Art" Exhibit: Beardsley Room.

The local professional artist members of the Carmel Art Association will offer their fine art oils, watercolors, mixed media and acrylic paintings and drawings at greatly reduced prices.

For photos of representative artwork by the Carmel Art Association artist members, click on Post title above, click on “artists” to view photos and click on underlined artists’ names for additional information, including artist’s statements, biographies, et cetera.

A NEW YEAR'S VISION FOR THE CITY OF CARMEL-BY-THE-SEA IN 2008!

A Carmelite challenges Sue McCloud for the mayorship of the City of Carmel-by-the-Sea;

The challenger’s campaign theme is CHANGE;

CHANGE to restore open government and accountability to Carmel-by-the-Sea government;

CHANGE to restore integrity and honesty to the office of the mayor of Carmel-by-the-Sea;

CHANGE to put infrastructure ahead of entertainment, action ahead of studies, full-time employees ahead of consultants, et cetera;

And finally, CHANGE for the purpose of restoring the original intent and meaning to Ordinance No. 96 (1929), as follows:

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

During his/her campaign, the mayoral candidate energizes voters to support his/her campaign theme of CHANGE and the pursuit of a VISION of a better Carmel-by-the-Sea for all by working with his/her colleagues on the City Council and the public to restore principles of open government, accountability, integrity, honesty and fiscal responsibility to taxpayers to the office of the mayor of Carmel-by-the-Sea;

The campaign focuses on the necessity for CHANGE based on and as the alternative to the 8-year mayoral record of Sue McCloud;

On Election Day, Tuesday, April 8, 2008, the mayoral challenger defeats incumbent Sue McCloud;

From his/her first day in office, the new mayor works to realize his/her campaign theme of CHANGE for the good of all Carmelites and for the long-term betterment of the City of Carmel-by-the-Sea!