City Council Members’ Rhetoric Inconsistent with Records

ABSTRACT: On Tuesday, April 15, 2008, the City of Carmel-by-the-Sea held a Swearing in Ceremony for City Council Members Karen Sharp and Ken Talmage and Mayor Sue McCloud. The oath of office is reproduced and COMMENTS are made with regard to their oath and their rhetoric being inconsistent with their acts and records.

On Tuesday, April 15, 2008, the City of Carmel-by-the-Sea held a Swearing in Ceremony for City Council Members Karen Sharp and Ken Talmage and Mayor Sue McCloud. Each of the three City Council Members took their oaths of office, as follows:

“I, _________________, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies foreign and domestic, that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California, that I take this obligation freely, without any mental reservation or purpose of evasion and that I will well and faithfully discharge the duties upon which I am about to enter.”

COMMENTS
• Yet under the mayorship of Sue McCloud, the City has violated the laws of the State of California and the City of Carmel-by-the-Sea including, but not limited to, as follows:

CEQA
On the Feasibility/infeasibility of leasing the Flanders Mansion property compared to selling the Flanders Mansion property; Monterey County Superior Court Judge Robert O’Farrell ruled that the City failed to provide an economic analysis to support its contention that the lease option is infeasible. (M76728 Flanders Foundation v. City of Carmel-by-the-Sea et al.)

California Government Code Sections 38440-38462
On the City’s proposed selling of the Flanders Mansion property, specifically its being discontinued and abandoned as a public park; the city failed to follow the proper procedure, including the adoption of a resolution “declaring that public interest or convenience requires the discontinuance of the use of such land as a public park, and that the legislative body intends to call a special election to submit the question of discontinuance to the city electors,” et cetera. (M76728 Flanders Foundation v. City of Carmel-by-the-Sea et al.)

California Government Code Section 54222
On the City’s proposed selling of the Flanders Mansion property: specifically, the City failed to follow the proper procedures for the disposing of “surplus land,” including the sending of a written offer to sell or lease the property to any park or recreation department of the county prior to disposing of that property, et cetera. (M76728 Flanders Foundation v. City of Carmel-by-the-Sea et al.)

General Plan/Coastal Land Use Plan Land Use & Community Character Element
On the City’s Historic Resources Board’s removal of 29 historic resources on the City’s Inventory of Historic Resources as a group; the California Coastal Commission informed the City of its violation of the Land Use Plan, specifically P1-91.

General Plan/Coastal Land Use Plan Coastal Resource Management Element
City failures to implement goals and objectives, including, but not limited to, as follows:
G5-4 Preserve and enhance the City's legacy of an urbanized forest of predominantly Monterey pine, coast live oak and Monterey Cypress. (LUP)

O5-11 Maintain, restore and enhance the upper and lower tree canopy of Carmel's urbanized forest. (LUP)

O5-14 Maintain a healthy forest.

G5-6 Preserve and acquire open space and parks. (LUP)

O5-35 Implement the Mission Trail Nature Preserve Master Plan maintenance provisions. (LUP)

O5-36 Monitor, study and develop effective management programs for the City’s parks and ESHAs. Endeavor to reduce conflicts between environmental protection and use of public and private property within ESHAs. (LUP)

O5-37 Reduce the introduction and spread of invasive horticultural species into and within identified ESHAs. Encourage a volunteer program of citizens and property owners to participate in maintenance and enhancement of sensitive habitats Develop a Stewardship Program based on the premise that resource management is a cooperative effort between the City and its citizens. (LUP)

Municipal Code Section 17.32.210
On the National Register of Historic Places Flanders Mansion; Monterey County Superior Court Judge Robert O’Farrell ruled that the City violated its Municipal Code, specifically with regard to the “minimum maintenance” required for inventory properties which “shall be preserved against decay and deterioration, kept in a state of good repair and free from structural defects.” (M76728 Flanders Foundation v. City of Carmel-by-the-Sea et al.)

Municipal Code Section 17.32.070
The City’s Historic Resources Board violated 17.32.070 D. Removal of Resources from the Inventory, when the Board removed 29 historic resources from the City’s Inventory of Historic Resources as a group without following the proper procedures, including evaluations by qualified professionals who determined that “substantial evidence” demonstrated that each resource was not an historic resource.

Municipal Code Section 15.36.070
On the City’s installation of 80 lights in the Ocean Av. medians; per 12.36.070 Lighting Requirements, Commercial Buildings/Zones, the City violated the Municipal Code which states that “All light fixtures shall not be directed toward the public right-of-way.”

California Elections Code Section 13210. (e)
On the City’s ballot for the April 8 Municipal Election; the City’s ballot instructions were correct in Spanish, but incorrect in English. That is, the English language instructions stated “vote for two,” when the correct language should have been “vote for no more than two.”

• Beware of politicians whose rhetoric is inconsistent with their acts and records. After each of the City Council Members’ swearing in, each Council Member spoke a few words.

“I want to thank...I think your active participation is so important to all of us to get a diversity of views and to really feel as if we are representing all of you as we try our best to enact policies for the City.”
Mayor Sue McCloud, Swearing in Ceremony

In reality, in 8 years as mayor of Carmel-by-the-Sea, Sue McCloud has a well deserved reputation for being intolerant of a diversity of opinions, particularly opinions which differ from her opinions. To wit, her record of voting to terminate a Commissioner who voiced an opinion about her micromanagement of the city, dissolving Commissions when members had opinions which led them to pursue items not to her liking, causing the mass resignations of Board Members who had opinions that Sue McCloud did not respect their advice, et cetera.

“While they (Karen Sharp and Ken Talmage) ran independently...”
Mayor Sue McCloud, Swearing in Ceremony

During the campaign, Mayor Sue McCloud supported incumbents Ken Talmage and Karen Sharp. Ergo, Karen Sharp, Ken Talmage and Sue McCloud really campaigned as a slate or “team,” not independently. (Note: Karen Sharp and Ken Talmage had wine tasting events during the campaign together.) Moreover, if Michael LePage had won a seat on the City Council, Mayor McCloud would not have been perceived as welcoming LePage to the City Council or ready to treat him fairly based on her performance during the campaign.

“I’m sure you share my enthusiasm that we have a team which has proven that is can work effectively together to address such issues.”
Mayor Sue McCloud, Swearing in Ceremony

The City Council is charged with upholding the laws of the federal, state and local governments, including conducting the people’s business openly; the City Council is not charged with working as a “team.” Mayor McCloud’s overemphasis of her “team” concept communicates to citizens that operating as a team is paramount, as opposed to serving constituents as independent-minded public servants.


“I want you to keep the tough questions coming; it makes us all better at accomplishing what’s best for our lives, our village and for the future of both.”
City Council Member Karen Sharp, Swearing in Ceremony

While Karen Sharp may imply she encourages “tough questions,” during the campaign she did not substantively answer questions in a forthcoming manner. And neither did Ken Talmage answer questions in a substantive, consistent or credible manner during the campaign, particularly questions involving the Carmel Fire Department consolidation with the Monterey and Pacific Grove Fire Departments.