Monday, November 17, 2008

A List of “Poor Governance” Examples (2000-2008)

ABSTRACT: A List of “Poor Governance” examples over the last eight years under the mayorship of Sue McCloud is presented; the List is organized with concrete examples arranged in categories. Categories include “Closed Government,” Centralized Government in Mayor and City Administrator, Lack of Timely Public Hearings on Important Public Issues, Closed and Inaccessible Public Buildings & Underutilized Public Assets, Lack of Investment in Critical Infrastructure and Natural Resources/Unimplemented Consultants’ Studies Recommendations, Failure to Timely Fund and Implement General Plan/Coastal Land Use Plan Policies, Imprudent City Finance Policy Involving Reserve Funds & Deferred Maintenance and Abysmal Stewardship of Natural Resources. The List is intended to empower those Carmelites considering running for elective office in the City of Carmel-by-the-Sea in 2010, especially Carmelites willing to articulate a new vision and direction for Carmel-by-the-Sea; a vision about “open government,” investment in infrastructure and natural resources and making our government accountable to Carmelites.

City of Carmel-by-the-Sea “Poor Governance” List

“Closed Government:”
Per the 2005 Monterey County Civil Grand Jury Final Report on Open Government, the mayor continues to “over-control” the City; as Finding 7 stated, “Over-control of this process by mayors is not in the public interest.”

Per the 2005 Monterey County Civil Grand Jury Final Report on Open Government, too often public comment queries are not followed up in a routine, clear and regular manner.

As the Grand Jury Report stated, “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.” Yet still today, the City has failed to recognize and acknowledge “public perception” and therefore has not done anything to address this significant issue.

Use of Ad Hoc Committees, which are not subject to the Ralph M. Brown Act (Open Meetings Law), to prevent public input into the decision-making process regarding the installation of Sunset Cultural Center, Inc. (SCC) as the non-profit organization to manage the City-owned Sunset Center.


Centralized Government in Mayor and City Administrator:
Failure of the City to hire a Community Planning and Building Director and Public Works Director has resulted in ineffective and incompetent micromanagement of these departments by the City Administrator and Mayor.

Failure to use the City’s Local Coastal Program (LCP) as an effective management tool; instead, the City’s LCP is too often exploited as a campaign prop for reelection purposes.

Overreliance on consultants with no “institutional memory;” under reliance on city employees with “institutional memory.” For example, a staff of full-time city planners could revise and update the City’s General Plan as required more effectively, efficiently and in a less costly manner than consultants.

City employees with the requisite experience and knowledge fail to respond directly to queries via email; instead, too often the City Administrator intervenes and is unresponsive.

Overemphasis and overfunding for “economic revitalization,” including marketing and tourist promotion, and Sunset Cultural Center, Inc. (SCC).

Pursuit of myopic, personal agendas at the expense of what is in the best interests of Carmelites and the City of Carmel-by-the-Sea, as “primarily, a residential City.”


Lack of Timely Public Hearings on Important Public Issues:
2007 Citygate Associates Fire Department Consolidation Feasibility Analysis for the Cities of Monterey and Pacific Grove and Carmel; the City has yet to place this critical public safety issue on a City Agenda for a public hearing.

2007 Richard McCann’s Forest Theatre, Forest Theater Foundation Pre-Design Study; after completion of the Study, the City delayed a year prior to scheduling a public hearing on a City Council agenda and has yet to communicate to Carmelites a timetable for public hearings regarding the Schematic Design, even though $65,000 has been budgeted for the Schematic Design in Fiscal Year 2008/09.

Status of the Flanders Mansion, a National Register of Historic Places resource: the City has yet to place Flanders Mansion on a City Agenda since contracting with Denise Duffy & Associates to revise the Environmental Impact Report, funding an Economic Feasibility Study and expending taxpayer dollars for ongoing attorney fees.


Closed and Inaccessible Public Buildings & Underutilized Public Assets:
Scout House: Formerly a Community Center, the City closed the Scout House years ago and has failed to fund and implement a plan to re-open the Scout House to new and historic users.

Public Works Building: The City closed the Public Works Building to the public years ago, but maintains offices for the City Forester, et cetera, and has failed to fund and implement a plan to re-open the building to the public.

Flanders Mansion: After violating State and Municipal laws, contracting with Denise Duffy & Associates to revise the Environmental Impact Report, funding an Economic Feasibility Study and expending taxpayer dollars for ongoing attorney fees, the City has yet to place the Flanders Mansion on a City Agenda for a public hearing.

Rio Park: The intentions of the City with regard to Rio Park are unknown; it continues to be an underutilized City park.

Harrison Memorial Library: The City has yet to restore operating hours on Sundays.


Lack of Investment in Critical Infrastructure & Natural Resources/Unimplemented Consultants’ Studies Recommendations:
2007 Pavement Management and Truck Impact Fee Study
NICHOLS CONSULTING ENGINEERS, CHTD.:
Unimplemented recommendation for increasing funding for Carmel-by-the-Sea’s streets to at least $660,000/year.
Failure to use the Study to systematically prioritize streets projects based on PCI (pavement condition index) values.

Barrie D. Coate and Associates’ 2007 Arboricultural Analysis and Advisory Services for the City of Carmel’s Forest:
Failure to establish, fund and implement a long-term program for Carmel’s forest, including an inventory and evaluation of the current forest and, most importantly, an “ongoing, long-term commitment by the city to fund each part of the program.”


Failure to Timely Fund and Implement General Plan/Coastal Land Use Plan Policies:
Even though the City’s Local Coastal Program (LCP) was certified in 2004 and states that the City must “provide restroom facilities consistent with the volume of people who use the beach and Beach Bluff Pathway,” the City Council only recently approved “design plans only” for a second permanent restroom facility at Scenic Road and Santa Lucia Avenue at the September 9, 2008 City Council meeting.


Imprudent City Finance Policy Involving Reserve Funds & Deferred Maintenance:
With each successive year, the City has added taxpayer dollars to Reserve Funds while deferred maintenance continues to grow with each successive year. For informational purposes, the City’s estimated 7/1/08 Total Reserve Balance is $10,344,540, of which $5,703,694 (or 55% of the total Reserve Balance) represent reserves NOT based on the Municipal Code, City policy, or trust agreement provisions. Furthermore, while the convention is reserve funds to annual budget of about 15%, the City of Carmel-by-the-Sea has a total reserve balance to total budget of 74% (Fiscal Year 2007/08).


Abysmal Stewardship of Natural Resources:
Failure to adequately fund the Forest, Parks and Beach Department; including failure to fully fund and implement the Goals, Objectives and Policies of the City’s General Plan/Coastal Land Use Plan, ex. Del Mar and North Dunes Master Plan, Mission Trail Nature Preserve Master Plan, Shoreline Management Plan, et cetera.

Saturday, November 15, 2008

COMMENTARY: A Model of Poor Governance

For the past eight years, since the election of Sue McCloud as mayor of the City of Carmel-by-the-Sea and her appointment of Rich Guillen as City Administrator, the overall governance of the city has been poor. Redefining public service as a mockery of the ideals of public service, from government of the people, by the people, and for the people, to government of, by and for Sue McCloud, Carmelites have an unresponsive government which has not met and continues not to meet the basic requirements of an open and competently managed local government.

For purposes of illustration, three conceptualizations are presented, as follows:

I. Closed and Inaccessible Public Buildings
For years and years now, without any communications from the City to the public regarding plans to open closed and inaccessible public buildings to the public, the Public Works building and the Scout House, a community center, remain closed and inaccessible to the public. And, Harrison Memorial Library remains closed on Sundays.

II. Extended Time Periods between Inception and Completion of Projects
Years and years elapse between the inception and completion of projects. For example, a City Council voted to sell the Flanders Mansion property in 2005. After a court challenge and recent expenditures of taxpayer dollars for a revision of the Environmental Impact Report, an Economic Feasibility Analysis and attorney fees, the City has yet to articulate to the public a timetable for public hearings and intentions with regard to the leasing or selling of the Flanders Mansion property. Another example, after a City Council voted to remove 32 eucalyptus trees along Fourth Avenue in 2002, the City has only recently contracted with a contractor to complete the Fourth Avenue Riparian Habitat Restoration Project, which is expected to be completed in early 2009, seven years later.

III. Unimplemented Consultants’ Studies Recommendations
Over the years, many taxpayer funded consultants’ studies have been completed, only to languish without implementation of their recommendations. Recent examples include the Pavement Management Study and the Forest Studies.

In closing, all of the aforementioned examples demonstrate Mayor Sue McCloud’s and City Administrator Rich Guillen’s failure to understand an essential truth about public service. And that is, public servants must earn the public’s trust with every word and every deed, every day. Sadly for Carmelites, after eight years, Mayor Sue McCloud and City Administrator Rich Guillen continue to demonstrate their failure to understand that essential truth about public service and we are all the poorer for it.

Friday, November 14, 2008

PROJECTS IN PROGRESS: Storm Drain Improvements & Fourth Avenue Riparian Habitat and Pathway Project

ABSTRACT: Two PROJECTS IN PROGRESS are presented, namely the Storm Drain Improvements for San Antonio Avenue and 8th Avenue Project and the Fourth Avenue Riparian Habitat and Pathway Project. Recent photos of the projects in progress are shown. A SYNOPSIS for each Project is presented and links to Sources are provided.

Storm Drain Improvements for San Antonio Avenue and 8th Avenue Project:
Storm Drain Improvements In Progress, N/s 8th Av., View from San Antonio Av. to Scenic Rd.

Storm Drain Improvements In Progress, W/s San Antionio Av., View from 8th Av. to the north

View of Storm Drains

SYNOPSIS:
As part of the FY 2008/09 Annual Budget, Capital Improvement Program, the City Council approved funding for “Storm Drain Improvements at San Antonio Avenue and 8th Avenue.” The project consists of “the replacement of storm drain pipes, manholes, catch basins and associated pavement patching and reconstruction,” as follows:

Project: STORM DRAIN IMPROVEMENTS, San Antonio Ave. & Eighth Avenue:
Furnish and Install 18" HDPE Storm Drain
Furnish and Install 24" HDPE Storm Drain
Remove Existing 15" & 18" CMP Storm Drain
Sawcut & Remove Portion of Drainage Channel
Construct Catch Basin
Construct Storm Drain Manhole
Connect to Existing Drainage Inlet
Sawcut & Reconstruct Pavement Area

The City received ten bids ranging from a low of $95,760 to a high of $221,726. The lowest responsible bidder on the project was James Sommerville, Incorporated.

At the City Council Meeting on November 4, 2008, the Resolution awarding the bid for the Storm Drain Improvements for San Antonio and 8th Avenues to James Sommerville, Inc. in the amount of $95,760, and authorize a 10% contingency cost of $9,576 was unanimously approved by the City Council with no discussion.

In sum, the project will “improve the street drainage” and “eliminate the possibility of storm drain failure.”

(Sources: City Council Agenda Item Summary and STAFF REPORT and Archived Videos, Regular City Council Meeting, November 4, 2008)

Fourth Avenue Riparian Habitat and Pathway Project:
Fourth Avenue Riparian Habitat and Pathway Project In Progress, S/s 4th Av, View from Carmelo to San Antonio Av.

Fourth Avenue Riparian Habitat and Pathway Project In Progress, View of 4th Av. from Carmelo to Monte Verde St.

Fourth Avenue Riparian Habitat and Pathway Project In Progress, Close-Up of Site of Small Pond on S/s 4th Av. between San Antonio Av. and Carmelo.

SYNOPSIS:
The City accepted a grant from the State of California for restoration of a riparian habitat along the south side of Fourth Avenue between Monte Verde Street and San Antonio Avenue as a follow up to the removal of 32 large eucalyptus trees in 2002. The project includes: a pedestrian path; native riparian landscaping; several pools in the storm drain to slow flow velocity; and drainage pipes to percolate storm water back into the soil. Three bids were received by the City; the lowest bid was $280,661.56 and the highest bid was $815,000.00.

The City received a grant from the State of California in the total amount of $373,000 to commence the project. The grant funds are received upon completion of the project. This requires the expenditure of $170,000 in funds allocated in the FY 2008-09 Capital Improvement Budget.

At a Special City Council Meeting on August 19, 2008, the City Council approved a Resolution awarding a contract to Green Valley Landscaping in the amount of $280,661.56 and authorizing a 20% contingency of $56,133 for construction of the Fourth Avenue Riparian Habitat Restoration Project.

In sum, “this project will enhance the natural environment and street aesthetics along Fourth Avenue and will improve pedestrian safety, and connect wildlife corridors within the City.”

Lastly, the contractor has 90 working days to complete the Project, according to City Administrator Rich Guillen's Status Report on the Fourth Avenue Riparian Habitat and Pathway Project at the City Council Meeting on November 4, 2008.

(Sources: City Council Agenda Item Summary and STAFF REPORT and Archived Videos, Special City Council Meeting, August 19, 2008)

ADDENDUM:
Status of Grant-funded Projects
Carmel-by-the-Sea
1st Quarter, FY08-09: June through September

Project in progress: Fourth Avenue Riparian Habitat and Pathway

Description and Status:
Phase I (tree removal) completed. Final design plans and construction drawings are complete. Construction contract has been awarded and work is expected to begin soon.

Funding Source and Budget Amount:
Riparian and Riverine Habitat Grant, CA Parks and Recreation Dept: $373,000
City match: $415,000

Project Period: July 2002 to June 2010

(Source: City Council Packet November 2008)

RELATED ARTICLE:
Six years after trees fell, Fourth Avenue facelift finally under way, MARY BROWNFIELD, The Carmel Pine Cone, November 14, 2008, page 5A.

Sunday, November 09, 2008

Non-Native, Invasive Ice Plant Abound on the Slopes of Carmel Beach

ABSTRACT: Ice plant (Carpobrotus edulis) is a succulent native to South Africa; it has become an invasive species and a threat to native vegetation. It abounds on the slopes of Carmel Beach, west of the Carmel Beach Bluff Pathway. Photos of Iceplant are shown. Information about Iceplant with links is presented. A COMMENT is made with regard to Ice Plant and other native species which can be planted for stabilization of the Carmel Beach slopes. REFERENCES including relevant sections dealing with non-native invasive vegetation from the General Plan/Coastal Land Use Plan Coastal Resource Management Element and a link to native groundcovers is provided.

Ice Plant along Slope of Carmel Beach, west of Carmel Beach Bluff Pathway

More Ice Plant along Carmel Beach Slope, west of Carmel Beach Bluff Pathway

Close-Up of Ice Plant, west of Carmel Beach Bluff Pathway, on a Slope of Carmel Beach

Iceplant
The California Exotic Pest Plant Council

List A-1: Most Invasive Wildland Pest Plants; Widespread
Latin Name: Carpobrotus edulis
Common Name: iceplant, sea fig
Habitats of Concern and Other Comments: Many coastal communities, esp. dunes
Distribution: SCo,CCo,NCo,SnFrB (CCo=Central Coast)

Ice plant (Carpobrotus edulis) is a succulent native to South Africa, but common in chaparral habitats around the world. Though it was once grown in California, Australia, the Mediterranean, and similar areas as a decorative plant, it has become an invasive species and a threat to native vegetation. Ice plant is hardy and quick to reproduce, easily growing into a thick ground cover that chokes out other plant life and depletes soil nutrients. The only reliable way to control ice plant is to uproot it physically.

Ice plant is attractive, with fleshy green leaves covered with small fibers, causing them to sparkle like ice in the sun. It also features bright yellow, pink, or white flowers and edible fruit that is made into jam in South Africa. The leaves sometimes turn red or yellow. Ice plant was first introduced to California in the early 20th century, when it was used to stabilize soil along railroad tracks. It also became a popular garden plant, and some continue to grow it for decorative purposes today.

Despite the beauty of ice plant, it has become an ecological nuisance in California and other areas in which it is not native. Ice plant has proliferated along California highways to the detriment of many native species. Ice plant dominates the areas where it grows, resulting in very low biodiversity and depriving other species of the resources they need to grow, such as soil and space. Ice plants reproduce both through fruit, which is produced year round, and through segmentation, meaning that any shoot can put down roots. A single shoot of ice plant can grow three feet (about one meter) in a year.

Ice Plant, Sea Fig
Carpobrotus chilensis
Fig-marigold family


What makes it a "BAD" plant?
It excludes native dune mat vegetation.
It displaces three (CNPS List 1B) sensitive plant species: beach layia (Layia carnosa) [also federally listed as endangered], Wolf's evening primrose (Oenothera wolfii) and pink sand verbena (Abronia umbellata ssp. brevifolia).
It stabilizes sand, preventing its natural movement which most native dune species need to survive.
Iceplant/sea fig has the capability of growing over entire beaches.

Invasive Species
America's Least Wanted

When a plant or animal is introduced to a non-native area—where its presence is not "natural"— the effects are often devastating to the ecosystem. The balance is upset, and without its natural predators the non-native species may "out-compete" the native species. The native plants and animals, business, agriculture, and recreational activities may be negatively impacted.

COMMENT:
While Ice Plant is known to stabilize sand and slopes, Ice Plant is a threat to native species as it out-competes native species. Consequently, an advantageous goal of the City would be to develop and implement a plan over time to eradicate Ice Plant growing and spreading on the slopes of Carmel Beach; there are other native plant species which can be planted for the purpose of stabilization of the Carmel Beach slopes. (see REFERENCES Some of the California native plants that can be used as less than a foot high groundcover.)

REFERENCES:
General Plan/Coastal Land Use Plan Coastal Resource Management Element

Selected relevant excerpts, as follows:

Tidestrom’s lupine can be found in and near the dune scrub habitat in the north dunes at Carmel Beach… The species is seriously threatened by coastal development, trampling, and competition from invasive, non-native plants…While the local population appears viable the habitat conditions for Tidestrom’s lupine is degraded from public use and the spread of invasive non-native species

Frequent human use of the area and encroachment of non-native species such as ice plant reduce the area’s value for legless lizard.

Avoid planting and control the spread of invasive, non-native plants.

P5-29 Prohibit planting and control the spread of invasive non-native plants. (LUP)

P5-159 Remove any non-native, invasive vegetation from sensitive habitats. (LUP)

P5-175 Remove any non-native invasive vegetation from special status habitat to eliminate competition and implement a dune restoration plan. (LUP)

P5-177 Minimize spread of non-native plants. (LUP)

Some of the California native plants that can be used as less than a foot high groundcover.

Saturday, November 08, 2008

Benefits of Pervious Concrete Pavement & Permeable Pavers

ABSTRACT: In Fiscal Year 2007/08, the City expended $21,727.15 for pervious concrete and permeable pavers as part of the “Forest Study Implementation Project.” The total revised budgeted amount for the “Forest Study Implementation Project” was $50,000.00. Photos of the installed pervious concrete pavement and permeable pavers are shown. Information about pervious concrete pavement and permeable pavers is presented. COMMENTS are made with regard to the dual purpose benefit of pervious concrete pavement and permeable pavers; the cumulative surface area covered by the pervious concrete pavement and permeable pavers; the monetary amount expended relative to the total budgeted amount for the “Forest Study Implementation Project;” and a future plan to implement fully the recommendations of the "Forest Study." REFERENCES are presented.

Pervious Concrete Pavement
Along Lincoln St., east side, south of Ocean Av.

Close-Up of Pervious Concrete Pavement
Lincoln St. & Ocean Av., S.E. Corner

Permeable Pavers
E/s Lincoln St., between 5th Av. & 6th Av., mid-block next to "landmark" Eucalyptus Tree

Close-Up of Permeable Pavers
E/s Lincoln St., between 5th Av. & 6th Av.

INFORMATION ABOUT PERVIOUS CONCRETE PAVEMENT & PERMEABLE PAVERS
Pervious concrete pavement

Pervious concrete pavement is a unique cement-based product whose porous structure permits a free passage of water through the pavement into the soil without compromising the pavement’s durability or integrity. This concrete also goes by other names including “permeable” and “enhanced porosity.”

As a generic material, all have been recognized by the U.S. Environmental Protection Agency as a storm water pollution prevention (SWPP) Best Management Practice device.
Pervious Concrete is a zero-slump, no-fines, open-graded material consisting of Portland cement, coarse aggregate, admixtures, and water. The combination of these materials will produce a product that will allow water to pass through it. The void structure is normally between 18-to 25%. Compressive strength designs are in the range of 3000 to 4000 psi.

What Are Permeable Pavers?
Permeable Pavers are a paving alternative to more traditional types of hardscape flooring materials, where water is allowed to filtrate through the surface to the underlying soils. Traditional pavers do not allow much water to infiltrate particularly if they are mortared in place, water would normally hit the surface and then flow down to the nearest drainage channel, and become stormwater runoff.
If we use Permeable Pavers we will be preserving the quality of our water, and also increasing the quantity of good quality water. Stormwater brings with it pollutants, chemicals, fertilizers, sediment and oils, destroying the quality of water flowing into the catchment areas. Permeable pavers permit rain water to be absorbed by the ground underneath, while still managing to provide a stable enough surface for vehicles.

The Advantages of Using Permeable Pavers
Increase in water quality
Increase in quantity of quality water
Reduce installation costs of drainage system
Reduces stormwater runoff
Reduces flooding
Reduces erosion caused by flooding
Preserves our stream beds and river banks

THE BENEFITS OF PERMEABLE PAVERS
Environmental Benefits
Permeable Pavers can help preserve our environment and the most precious resource of all, water. We can’t live without water, and what permeable pavers do is help protect the quality of our water supplies. They reduce the amount of stormwater runoff entering our natural waterways and carrying with it contaminants and pollutants. So, the water is allowed to naturally drain into the surface through the voids in the permeable pavers. This promotes the infiltration of rainwater and also helps to recharge the groundwater.

Another environmental benefit is that applying Permeable Pavers means less stormwater runoff, which means that our streams and river beds are less likely to flood as often. This also means that there will be a reduction in the rate of the erosion of river banks and stream beds.

Economical Benefits
There is a lot of money saved when using Permeable Pavers, particularly in the installation and construction phases. Contractors and builders will save money on drainage systems and retention systems. Installing permeable pavers means that you are installing a self drainage system at the same time. You can also save on expensive compliance regulations. Not only will the contractors and builders save but so will their customers.

So, there is money saved on actual parts and systems, but there is also money saved on time taken to complete installation. Because a Permeable paving system kills two birds with one stone, installation time is significantly reduced.

COMMENTS:
Pervious concrete pavement and permeable pavers are “a storm water pollution prevention (SWPP) Best Management Practice device” and beneficial for trees in the commercial district, hence a dual purpose benefit. However, the expenditure of nearly one half the total budget for the "Forest Study Implementation Project" in fiscal year 2007/08 expended on pervious concrete pavement and permeable pavers covering approximately 200 linear feet or less than one block face cumulatively is questioned as to whether that is the best expenditure of finite, limited funds dedicated to the implementation of the Forest Study.

Going forward, given the demonstrated environmental benefits to pervious concrete pavement and permeable pavers, it would be wise for the City to consider the installation of permeable pavement surfaces throughout the commercial district, installed in phases over time, and a vastly increased budget overall for the "Forest Study Implementation Project" to include other items directly related to trees ex. the purchase, planting, watering and nurturing of trees, the hiring of a certified arborist to complete a comprehensive inventory of public and private trees, et cetera.

REFERENCES:
Carmel-by-the-Sea
May 2008 Check Register
(Includes checks dated 4/25-4/29/08)

115329 4/29/08 JOE BRUNO CONSTRUCTION $ 2,820.00
PERMEABLE PAVERS LINCOLN & 5TH (FOREST STUDY IMPLEMENTATION)

Carmel-by-the-Sea
June 2008 Check Register
115605 6/10/08 S&J CARRERA CONSTRUCTION $ 18,907.15
PERVIOUS CONCRETE INSTALLATION AT LINCOLN & OCEAN (FOREST STUDY IMPLEMENTATION PROJ)

CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
FISCAL YEARS
2008/09 THROUGH 2010/11


CAPITAL IMPROVEMENTS PROGRAM
Funds are budgeted to provide for planning and construction of major capital improvements. The capital projects, submitted by departmental staff and their respective commissions or boards, are selected through an in-depth evaluation prioritization process and then reviewed and approved by the City’s Planning Commission

Revised 07/08
$ 50,000 01-89639 Forest Study Implementation

Revised 08/09
01-89639 Forest Study Implementation $ 20,000

Thursday, November 06, 2008

Carmel Art Association Presents SOLO SHOWS OF ALEX GONZALES & TIM SLOAN and GALLERY SHOWCASE FEATURING GIACOMETTI, JOHNSON & MARSH

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, Online or (831) 624-6176.

Carmel Art Association Presents SOLO SHOWS OF ALEX GONZALES & TIM SLOAN and GALLERY SHOWCASE FEATURING GIACOMETTI, JOHNSON & MARSH

Thursday, November 6 – Tuesday, December 2, 2008

SOLO SHOW “WORKS ON PAPER” – A RETROSPECTIVE (Center Room):
Painter Alex Gonzales exhibits figures, abstracts and landscapes on paper in watercolor, ink, pencil and mixed media. View one painting.

SOLO SHOW “ALONG THE COAST” (Center Room):
Painter Tim Sloan exhibits oil paintings of the coastal dunes inspired by a profusion of plant life and flowers. View one painting.

GALLERY SHOWCASE (Segal Room):
Painter Susan Giacometti exhibits “At Hacienda Feed and Supply,” paintings and prints. View one painting.

Painter Andrea Johnson exhibits acrylic paintings of realistic portrayals of nature. View one painting.

Painter John Francis Marsh exhibits automotive fine art paintings. View one painting.

Opening Reception Saturday, November 8, 6:00 P.M. – 8:00 P.M.

Wednesday, November 05, 2008

Draft Abbreviated Minutes for the Six Noteworthy City Council Agenda Items on the November 4, 2008 Agenda

ABSTRACT: Agenda Items and accompanying draft abbreviated Minutes for the six noteworthy City Council Agenda Items on the November 4, 2008 Agenda, namely status report on the 4th Avenue Riparian Project, Consent Calendar items including Resolution approving the at-will job description and salary range for the Public Services Director and a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code, an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project, Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission and Appointment of ad hoc committees, are presented.

CITY COUNCIL AGENDA
Regular Meeting
Tuesday, November 4, 2008


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

C. Announcements from City Administrator

3. Receive status report on the 4th Avenue Riparian Project

City Administrator Rich Guillen presented a chronological update on the 4th Avenue Riparian Project, as follows:
September 14, 2008: Pruning and tree removal by John Ley Tree Service
October 6, 2008: Pre-construction Meeting with landscape architect, city staff and contractor
October 13, 2008: Removal of brush and debris
October 28, 2008: Site Meeting to locate retention ponds and water lines located by Cal-Am
October 31, 2008: Hay bails placed to stabilize soil in anticipation and response to rain and rain showers.
The Contractor has resumed work and has 90 working days to complete 4th Avenue Riparian Project.

VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

C. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

Council Member ROSE moved adoption of Consent Items, including Item F, continued C at the request of the City Administrator, seconded by Council Member HAZDOVAC and carried unanimously.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project. The appellant is Barbara Livingston.

Council Member ROSE moved to grant the appeal, seconded by Council Member TALMAGE and carried by the following roll call:

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

COMMENT:
• After the presentation of the Staff Report and public comment, the City Council’s deliberation focused on the California Government Code and California Environmental Quality Act (CEQA). The City Council Members quickly developed a consensus for granting the appeal based on the legal interpretation of the Government Code and CEQA being co-equal, the architectural significance of the building trumping the number of proposed affordable housing units; and the legal interpretation that the City has the discretion to make such a determination.

IX. Ordinances

B. Consideration of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission (First Reading).

Council Member ROSE moved approval of Ordinance, seconded by Council Member TALMAGE 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

XI. Orders of Council

B. Appointment of ad hoc committees:
1) Volumetrics Committee
2) Green Committee

Mayor Sue McCloud announced appointment of ad hoc committees; no subsequent discussion by the City Council.

(Source: Regular City Council Meeting November 04, 2008 Video, Duration 02:19:00)

Monday, November 03, 2008

Two Noteworthy Agenda Items NOT on the November 4, 2008 City Council Agenda

ABSTRACT: Two noteworthy agenda items not on the November 4, 2008 City Council Agenda, which should have been placed on the City Council Agenda, are presented, namely the City’s long-term fire protection plan for meeting state and federal laws, regulations and standards, involving staffing levels, training, and methods of operation, et cetera, and the Forest Theatre Schematic Design. BACKGROUND and COMMENTS on the status of the Carmel Fire Department and the Forest Theatre design process are presented.

• Carmel Fire Department
BACKGROUND: Citing NFPA 1710, OSHA’s Standard of 2-in-2-out, the Citygate Associates Fire Consolidation Feasibility Study, and the City’s own internal study (Public Safety Team Report February 2003), Public Safety Director George E. Rawson and Fire Chief Andrew Miller argued for an increase in the Carmel-by-the-Sea firefighter staffing from six firefighters to nine firefighters “in order to achieve constant engine staffing requirements, in accordance with current response standards” at the City Council Meeting on September 2008. After deliberation, the City Council “directed staff to explore the hiring of the three firefighters, without eliminating CRFA or damaging the identity of the Carmel Fire Department.”

COMMENT:
Unfortunately for Carmelites, Public Safety Director George Rawson and Fire Chief Andrew Miller have failed to provide timely leadership on a long-term fire protection plan. For example, one aspect of a long-term fire protection plan is staffing levels. And while the Citygate Associates Fire Consolidation Feasibility Study’s Final Report was completed June 12, 2007, over 15 months elapsed between the completion of the Final Report and the City Council meeting at which the Public Safety Director and Fire Chief presented their recommendation of increasing staffing levels by three additional firefighters, as recommended by Citygate Associates, LLC. Moreover, the City was derelict in prematurely withdrawing from consolidation talks with the Cities of Monterey and Pacific Grove in January 2008 and in failing to place the consolidation issue on City Council Agendas for the purpose of educating and informing Carmelites about the Carmel Fire Department situation, especially given the fact that the City's contracts with Monterey and Pacific Grove Fire Departments will be terminated in mid-December 2008 when the Monterey and Pacific Grove Fire Departments new contract takes effect.

(Sources: MINUTES SPECIAL CITY COUNCIL MEETING CITY OF CARMEL-BY-THE-SEA September 9, 2008 and AGENDA PACKET Regular Meeting Tuesday, September 9, 2008)

NOTE: View Firefighter standards on staffing. NFPA 1710 Video
Duration: 08:42

• Forest Theatre Schematic Design
BACKGROUND: In reaction to public outcry regarding theatre architect Richard McCann’s Forest Theatre Pre-Design, the City held a workshop at the Forest Theatre on June 19, 2008. And while it was understood that the public’s suggestions would be incorporated into the next phase of the design, the intent of the budgeted $65,000 for the Schematic Design and the timeline for public presentation of the Schematic Design were not addressed.

COMMENT:
Again, unfortunately for Carmelites, the City was derelict in not placing the Forest Theater Pre-Design on a City Council Agenda many months prior to the completion of the Pre-Design Study, dated May 7, 2007, for the purpose of educating and informing Carmelites about the intentions of the Forest Theatre Foundation and the content of the Pre-Design (Richard McCann’s Pre-Design presentation was at the Special City Council Meeting, May 20, 2008). Moreover, a competent city administrator would have, under Announcements from the City Administrator, given regular progress reports on the Schematic Design at City Council meetings. Finally, the City has yet to inform Carmelites as to the placing of the Schematic Design on a Public Hearing on an upcoming City Council Agenda.

Sunday, November 02, 2008

Six Noteworthy November 4, 2008 City Council Agenda Items

ABSTRACT: Six noteworthy November 4, 2008 City Council Agenda items, namely a status report on the 4th Avenue Riparian Project, a Resolution approving the at-will job description and salary range for the Public Services Director, a Resolution authorizing the destruction of certain records, an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project, an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission and the Appointment of an Ad Hoc Volumetrics Committee and Ad Hoc Green Committee, are featured. A SYNOPSIS, consisting of selected excerpts from each Agenda Item Summary, is presented for each agenda item. COMMENTS are made on selected agenda items.

CITY COUNCIL AGENDA
Regular Meeting
Tuesday, November 4, 2008


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

C. Announcements from City Administrator
3. Receive status report on the 4th Avenue Riparian Project

• VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

C. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

SYNOPSIS:
City Funds: $7,482/month to $9,093/month

Staff Recommendation: Adopt the Resolution approving the job description and the salary range.

Important Considerations: The Public Services Director will work under the general direction of the City Administrator. The Public Services Department is composed of three divisions: 1) Forest Parks and Beach; 2) Public Works; and 3) Facilities Maintenance. This Department will take the lead with other City departments and agencies on infrastructure maintenance, forest, parks & beach preservation and facilities maintenance.

Decision Record: The creation and estimated funding for the position was approved as part of the Fiscal Year 2008/2009 Annual Budget.

COMMENT: The City has yet to hire a Community Planning and Building Director; the position was expected to be filled by January/February 2008, according to Ralph Andersen & Associates, the company hired by the City to conduct the search.

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

SYNOPSIS:
Staff Recommendation: Adopt the Resolution and authorize staff to proceed with the destruction of records.

Important Considerations: Destruction of the records will free up needed document storage space and will aid in streamlining research for documents. The City Attorney has reviewed the list of documents and has authorized their destruction.

COMMENT: Among the List of Records Identified for Destruction are “Friday Letters,” encompassing the years 1984-85, 1988-1989, 1990-1997, 1993-1994, 1998-2000. “Friday Letters” were written by City Administrators for the purpose of informing Carmelites about important happenings in our government. However, the practice of City Administrator “Friday Letters” was discontinued under City Administrator Rich Guillen in 2000.

• VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project. The appellant is Barbara Livingston.

SYNOPSIS:
Staff Recommendation: Hold the public hearing and continue action.

RECOMMENDATION
The appeal is based on the interpretation of three statutes that are intertwined. At the time this Staff Report was prepared, staff had received the initial letter of appeal but no supplements. Rebuttal arguments from the applicant’s legal counsel also were not available. Staff recommends that the Council receive written and oral presentations from both the appellant and the applicant, then continue the appeal hearing for one month. This will allow the City Attorney and staff to review the full body of testimony and legal analysis and make a more informed recommendation for Council action.

• IX. Ordinances
B. Consideration of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission (First Reading).

SYNOPSIS:
Staff Recommendation: Adopt the first reading.

Important Considerations: CMC section 17.30 indicates that demolition permit applications can be reviewed by either the Design Review Board or the Planning Commission. This revision would require all demolition permit applications to be reviewed by the Planning Commission. This would create a more balanced workload between the Design Review Board and the Planning Commission.

COMMENTS:
The reason cited for the transfer of demolition applications from the Design Review Board (DRB) to the Planning Commission (PC) is to “create a more balanced workload between the Design Review Board and the Planning Commission.” However, during previous deliberations of the City Council, the more important issue of inconsistent decision-making and decisions by the DRB and the PC is not addressed in this action.

The California Coastal Commission will have to approve the proposed revision to the City’s Zoning Ordinance/Local Coastal Implementation Plan.

• XI. Orders of Council

B. Appointment of ad hoc committees:
1) Volumetrics Committee
2) Green Committee

SYNOPSIS:
In Memorandums to the Council, dated October 28, 2008, Mayor Sue McCloud and Vice Mayor Paula Hazdovac announced the creation of an Ad Hoc Volumetrics Committee for the purpose of evaluating “the use of volumetrics as a means of controlling mass and bulk” and an Ad Hoc Green Committee for the purpose of initially advising the Planning Commission on green building incentives, types of building materials and state laws regarding green building standards, such as solar installations.

The Ad Hoc Volumetrics Committee is composed of:
Bill Strid, Chairman, Planning Commission
John Thodos and Dennis Hodgin, Architects
Brian Roseth and/or Sean Conroy, Planning

The Ad Hoc Green Committee is composed of:
Karen Sharp, Council
Sean Conroy, Planning Staff
Safwat Malek and John Thodos, Architects
Brendan Connolly, Groza Construction
Jordan Daniels, Daniels and House Construction

(Sources: City Council Agenda November 2008 and City Council Packet November 2008