ABSTRACT: Five Noteworthy 2 June 2009 City Council Agenda Items, namely a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572, a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses, a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600, an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission and Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance, are presented. Selected excerpts from Agenda Item Summaries and Staff Reports are provided; COMMENTS are made on selected Agenda Items. The next City Council meetings will be the Special Budget Meeting, Tuesday, June 9, 2009, at 4:30 P.M. and the Flanders Protest Hearing, Tuesday, June 16, 2009, at 4:30 P.M. in Council Chambers.
AGENDA
Regular Meeting
Tuesday, June 2, 2009
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
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.
F. Consideration of a Resolution of the City Council amending the agreement with Denise Duffy & Associates to prepare an Environmental Impact Report for the Flanders Property in an amount not to exceed $77,572.
Description: The contract for Denise Duffy & Associates, dated July 25, 2008, outlined the preparation of an EIR using existing information on the property and from the Flanders Property Final EIR, dated August 2005. The scope of work included defining parameters for project description; preparing an administrative draft of the EIR for comment by staff; preparing a draft EIR for public circulation; preparing responses to comments on the draft EIR; and attending public hearings.
On March 6, 2009, Denise Duffy & Associates submitted a Contract Amendment that included meeting attendance, preparation of environmental documents and project management, in amount not to exceed $9,500, as outlined in Attachment “A”.
On March 12, 2009, Denise Duffy & Associates submitted a second Contract Amendment that included additional tasks associated with the Final Recirculated Draft Environmental Impact Report on the Flanders Property, in an amount not to exceed
$32,000, as outlined in Attachment “B”.
Finally, on May 8, 2009, Denise Duffy & Associates requested a third Contract Amendment for further additional professional services in connection with the Final Recirculated Draft Environmental Impact Report on the Flanders Property, in an amount not to exceed $36,072.
Overall Cost:
City Funds: $77,572.00 (Account 01-61051-0040).
Funds to be transferred from the General Operating Reserve.
Decision Record: Adopted Resolution 2008-49, approving an agreement with Denise Duffy & Associates, to prepare an EIR in an amount not to exceed $67,000.
COMMENT:
• Three Contract Amendments, dated March 6, March 12 and May 8, 2009 were submitted to the City by Denise Duffy & Associates, Inc. Yet the Resolution amending the agreement with Denise Duffy & Associates is only now on the 2 June 2009 City Council Agenda. Moreover, the City paid Denise Duffy & Associates $26,360.61 by April 21, 2009.
117710 4/14/09 DENISE DUFFY & ASSOCIATES $ 9,500.00 01 61051 FLANDERS PROPERTY EIR
117766 4/21/09 DENISE DUFFY & ASSOCIATES $ 16,483.15 01 61051 FLANDERS PROPERTY EIR
----Vendor Total---- $ 26,360.61
Further evidence of a familiar pattern whereby the City expends taxpayer dollars prior to a resolution being placed on a public hearing agenda. And it is reminiscent of the City’s expenditures for materials and labor for the Dolores St. speed hump which was only removed when an attorney for the Dolores St. neighbors threatened a lawsuit against the City for misappropriation of funds due to the item never being placed on a City agenda for public hearing.
G. Consideration of a Resolution authorizing the City Administrator to enter into an agreement with CB Richard Ellis Consulting, Inc., for completion of the final economic analysis, appraisal and Phase II of the Flanders Property in an amount of $23,000 plus expenses.
Description: CB Richard Ellis Consulting (CBRE) will complete the final economic analysis, appraisal and Phase II, as detailed in Attachment “A”.
Overall Cost:
City Funds: $23,000 plus expenses (Account 01-61051-0040).
These funds will be transferred from the General Operating Reserve.
Important Considerations: CBRE’s original contract, effective July 21, 2008, was for $40,000 to provide the economic analysis for the Flanders Property. On October 21, 2008, CBRE received an additional $5,000 for further professional services related to the economic analysis of the Flanders property.
Decision Record: Resolution 2008-50, approving preparation of economic analysis for the Flanders property;
COMMENTS:
• As of the City May Check Register, the City had paid CBRE Consulting Inc. $52,483.72. Moreover, on April 21, 2009, the City paid CBRE Consulting Inc. $6,882.50, presumably towards the $23,000, as follows:
117760 4/21/09 CBRE CONSULTING INC. $ 6,882.50 01 61051 FLANDERS PROPERTY ECONOMIC ANALYSIS PROJECT
Again, further evidence of the City expending taxpayer dollars prior to the resolution being placed on a City agenda for public hearing.
• Two dates on CB Richard Ellis Consulting letter to City regarding Flanders Property Economic Analysis – Supplemental Budget, namely, March 2, 2009 (page 1) and February 27, 2009 (pages 2 and 3).
H. Consideration of a Resolution accepting a proposal from Nichols Consulting Engineers for traffic and classifications counts and an update to the Construction Truck Impact Fee Study in an amount not to exceed $11,600.
Description: In February 2008, a Construction Truck Impact Fee Study prepared by Nichols Consulting Engineers (NCE) was presented to the City Council. The study included statistics from traffic counts conducted in the City of Monterey. To update the study with construction traffic activity in Carmel-by-the-Sea, the City requested that NCE submit a proposal for traffic and classifications counts.
NCE’s proposal is outlined in Exhibit “A”. The information gleaned from the traffic counts will be used to update the Construction Truck Impact Fee report. The City Council then may consider implementing a construction truck impact fee to raise monies for streets and roads affected by construction truck activity. The fee would be assessed to builders as they apply for construction building permits.
Overall Cost: City Funds: $11,600, funded from Administration Department Professional Services Account 01-64051.
Staff Recommendation: Approve the Resolution.
Important Considerations: City Council directed staff to study the possibility of imposing a construction truck impact fee to help fund street and road projects. The Construction Truck Impact Fee Study previously prepared by NCE included traffic counts from the City of Monterey. By conducting a traffic count within the limits of Carmel-by-the-Sea, the City will have more accurate data to evaluate the impact of construction trucks on its streets.
COMMENT:
• The most inopportune times to impose a construction truck impact fee are during a time of economic downturn and slow economic recovery. Moreover, any construction truck impact fee will be passed onto the property owner; hence, a hidden tax on property owners.
IX. Ordinances
B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (First reading).
Description: The Design Review Board currently reviews applications for design review not requiring land use permits or those that are not otherwise reserved for the Planning Commission. This ordinance would return all responsibilities for design and land use to the Planning Commission.
Staff Recommendation: Adopt the Ordinance.
Important Considerations: CMC Chapter 17.52.050 establishes the responsibilities of the Design Review Board. The Board’s role has been limited to the review of design applications not involving other land use permits. Returning all design and land use responsibilities to the Planning Commission will create more consistency for applicants going through the planning process. This also will reduce pressures on staff, as it will be one fewer Board to manage.
Decision Record: This item was discussed at the April 7, 2009 meeting for action. The City Council deliberated on the draft ordinance and tabled it at that time.
STAFF REVIEW
At the Special February 4, 2009 City Council meeting on the mid-year budget, the City Administrator recommended returning all land use and design responsibilities to the Planning Commission. Following are some of the reasons for this recommendation:
1. Changing demographics: Carmel does not have the qualified applicant pool that it once enjoyed due to the high number of second home owners and our sizable retired community. There are three positions on both the Planning Commission and the Design Review Board that expire this October -- a total of six. One Commission member has already moved from the area and two others have indicated their desire to “retire”. Some whose terms expire may wish to be reappointed. If not, Carmel-by-the-Sea faces a virtually impossible task of finding qualified candidates who must be Carmel-by-the-Sea residents and voters. Keeping Carmel “Carmel” depends on the application and understanding of both our Design Guidelines and codes. Openings for this year’s Boards and Commissions have been posted since the first of the year.
2. Reduced staff workload: An additional benefit is a reduced workload for the four-member staff (two of whom are planners), as it will have one fewer Board to manage. The Planning staff currently is responsible for the regular and special meetings of the Planning Commission, Design Review Board, Historic Resources Board and the Forest and Beach Commission, which amounts to preparing for a minimum of one meeting per week.
3. Consistency: This ordinance will simplify the design review process by creating a single decision-making body, as existed before 2001. This also will ensure consistency for applicants in how the City interprets and applies its design guidelines and criteria. There had been talk about the need for a joint meeting of the two bodies, as there has been inconsistency on design decisions: e.g. design elements such as mass and bulk, windows and skylights, to name a few.
4. Decrease in revenue from Building Permits and Fees: Annual revenues in the past few years were in excess of $300,000. Since the decrease in construction, revenues and related fees have fallen approximately 40%. Spec projects are not being built and projects are smaller and simpler.
COMMENT:
• When the City Council tabled the Draft Ordinance at the April 7, 2009 meeting, the City Council led the public to believe that it would only be reconsidered if and when there were too few applications for vacancies for the Design Review Board and the Planning Commission by October 2009. To wit, neither the Agenda Item Summary nor the Staff Report articulates the reason why this agenda item is now on the June 2, 2009 City Council Agenda.
XI. Orders of Council
B. Consideration of recommendations from the Green Building Committee and the Planning Commission regarding a draft Green Building Ordinance.
Description: The draft Green Building Ordinance would establish criteria that new construction projects must meet in order to receive a building permit. The goal of the ordinance is to guide development in a sustainable manner, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design that is consistent with the City's design traditions.
Staff Recommendation: Provide direction on the draft ordinance.
Important Considerations: In December 2009 a Green Building Committee was appointed to develop recommendations on a green building program for the City. The Committee was composed of local architects, builders, a City Council member, and a member of staff.
Decision Record: The Planning Commission recommended adoption of a green building ordinance on 20 May 2009.
Green Building Committee
Karen Sharp: Carmel City Council Member
John Thodos: Local Architect
Safwat Malek: Local Architect
Brendan Connolly: Local Builder
Jordan Daniels: Local Green Building Consultant
Sean Conroy: Planning & Building Services Manager
PROGRAM RECOMMENDATIONS
Recommendation #1: Adopt the following as the mission statement for the green building program:
"The mission of the City of Carmel-by-the-Sea's green building program is to guide development in a sustainable manner, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design that is consistent with the City's diverse design traditions."
Recommendation #2: Use the Build it Green checklist for residential projects and the LEED Commercial checklist for non-residential projects as the basis of the program.
Recommendation #3: Require the following number of points for residential and nonresidential projects in order to obtain a building permit:
Residential:
New Construction (i.e. demo/rebuild) 60 points
New Addition/Remodel > 750 sq. ft. 25 points
New Addition/Remodel < 750 sq. ft. 15 points
Bathroom/Kitchen Remodel only 4 points
Non-Residential:
New Construction (i.e. demo/rebuild) 24 pts.
Additions/Remodels > 1000 sq. ft. 18 pts.
Additions/Remodels < 1000 sq. ft. 16 pts.
Recommendation #3: Adopt the following incentive levels and discuss potential incentives:
Residential: 120 pts.
Non-Residential: 40 pts.
Recommendation #4: Allow for the requirements of the ordinance to be phased in and not become mandatory until 1January 2010.
Recommendation #5: Require that the City exceed the standard point requirements by 15% for all City projects that exceed 1,000 square feet.
ADDENDUM:
The next meetings of the City Council, as follows:
Special Budget Meeting – 4:30 p.m.
Tuesday, June 9, 2009
Council Chambers
Special Meeting—Flanders Protest Hearing – 4:30 p.m.
Tuesday, June 16, 2009
Council Chambers
(Sources: City Council Agenda June 2, 2009 and City Council Agenda Packet June 2009)
Sunday, May 31, 2009
Saturday, May 30, 2009
‘MINUTES’ for Two Noteworthy 27 May 2007 Special City Council Agenda Items
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Wednesday, May 27, 2009
IV. Resolutions
B. Consideration of a Resolution finding a severe fiscal hardship will exist if additional City property taxes are seized and additional unfunded mandates are adopted by the State of California.
An estimated $395,000 based on 8% of city property tax revenues could be “borrowed” by State of California per 2004 law to assist close State's FY 2009/10 deficit.
V. Orders of Council
A. Study session and public hearing to review/adopt Fiscal Years 2009/10 – 2011/12 Triennial Budget.
City Administrator Rich Guillen presented Proposed Revenue Enhancements and Items not included in Fiscal Year 2009/2010 Draft Budget, as follows:
Proposed Revenue Enhancements:
• Paid Parking Program
• Construction Truck Impact Fee
• Property Assessment (Public Safety Services, i.e. Ambulance, Fire, Police)
City Council consensus to further explore all three proposed revenue enhancements. Interestingly, during deliberation about paid parking, the concept from a previous parking study of creating an island of paid parking is a sea of unpaid parking potentially creating an incentive for tourists to venture to shops and restaurants in areas without paid parking, such as the Barnyard, Crossroads and other locations throughout the Monterey Peninsula, was not addressed by City Council Members or the City Administrator.
Items not included in Fiscal Year 2009/2010 Draft Budget:
• Trolley Service: $54,000
• Chamber of Commerce (Guide to Carmel): $7,000
• Library Services Funding (1/3 of 80,000; 1/3 from Library Foundation & 1/3 from Board of Trustees): $26,700
• SCC (10% reduction of FY 2008/09 City subsidy): $71,300
• MCCVB: $18,280
City Council consensus to add $26,700 for Library Services Funding and $38,300 for SCC per original Three-Year Contract of a FY City subsidy of $680,000.
COMMENTS:
• At the Budget Meeting, City Administrator Rich Guillen stated that the revenue enhancements were the “cost of doing business.” This “cost of doing business” mentality is imitative and reveals an indifference to the qualities which make Carmel-by-the-Sea a unique and desirable destination for visitors and place to live for residents. Moreover, the adoption of “cost of doing business” policies could adversely impact Carmel-by-the-Sea’s community character; a community character which distinguishes Carmel-by-the-Sea from other destination cities.
• City Administrator Rich Guillen’s advocacy of imposing additional fees and taxes on tourists and residents is unwise and imprudent during an economic downturn. To wit, a better budget policy would be to scrutinize the allocation of limited taxpayer dollars in a city with one the highest per capita expenditure levels of any California city.
NOTE: The City Council will next consider the 2009/2010 budget at a Special Meeting scheduled for Tuesday, June 9, at 4:30 P.M.
ADDENDUM:
Archived Videos
Special City Council Meeting, May 27, 2007 @ 5:30 P.M.
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Wednesday, May 27, 2009
IV. Resolutions
B. Consideration of a Resolution finding a severe fiscal hardship will exist if additional City property taxes are seized and additional unfunded mandates are adopted by the State of California.
An estimated $395,000 based on 8% of city property tax revenues could be “borrowed” by State of California per 2004 law to assist close State's FY 2009/10 deficit.
V. Orders of Council
A. Study session and public hearing to review/adopt Fiscal Years 2009/10 – 2011/12 Triennial Budget.
City Administrator Rich Guillen presented Proposed Revenue Enhancements and Items not included in Fiscal Year 2009/2010 Draft Budget, as follows:
Proposed Revenue Enhancements:
• Paid Parking Program
• Construction Truck Impact Fee
• Property Assessment (Public Safety Services, i.e. Ambulance, Fire, Police)
City Council consensus to further explore all three proposed revenue enhancements. Interestingly, during deliberation about paid parking, the concept from a previous parking study of creating an island of paid parking is a sea of unpaid parking potentially creating an incentive for tourists to venture to shops and restaurants in areas without paid parking, such as the Barnyard, Crossroads and other locations throughout the Monterey Peninsula, was not addressed by City Council Members or the City Administrator.
Items not included in Fiscal Year 2009/2010 Draft Budget:
• Trolley Service: $54,000
• Chamber of Commerce (Guide to Carmel): $7,000
• Library Services Funding (1/3 of 80,000; 1/3 from Library Foundation & 1/3 from Board of Trustees): $26,700
• SCC (10% reduction of FY 2008/09 City subsidy): $71,300
• MCCVB: $18,280
City Council consensus to add $26,700 for Library Services Funding and $38,300 for SCC per original Three-Year Contract of a FY City subsidy of $680,000.
COMMENTS:
• At the Budget Meeting, City Administrator Rich Guillen stated that the revenue enhancements were the “cost of doing business.” This “cost of doing business” mentality is imitative and reveals an indifference to the qualities which make Carmel-by-the-Sea a unique and desirable destination for visitors and place to live for residents. Moreover, the adoption of “cost of doing business” policies could adversely impact Carmel-by-the-Sea’s community character; a community character which distinguishes Carmel-by-the-Sea from other destination cities.
• City Administrator Rich Guillen’s advocacy of imposing additional fees and taxes on tourists and residents is unwise and imprudent during an economic downturn. To wit, a better budget policy would be to scrutinize the allocation of limited taxpayer dollars in a city with one the highest per capita expenditure levels of any California city.
NOTE: The City Council will next consider the 2009/2010 budget at a Special Meeting scheduled for Tuesday, June 9, at 4:30 P.M.
ADDENDUM:
Archived Videos
Special City Council Meeting, May 27, 2007 @ 5:30 P.M.
Wednesday, May 27, 2009
Two Noteworthy 27 May 2007 Special City Council Agenda Items
AMENDED
Special City Council Meeting
Wednesday, May 27, 2009
5:30 p.m.
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
IV. Resolutions
B. Consideration of a Resolution finding a severe fiscal hardship will exist if additional City property taxes are seized and additional unfunded mandates are adopted by the State of California.
V. Orders of Council
A. Study session and public hearing to review/adopt Fiscal Years 2009/10 – 2011/12 Triennial Budget.
ADDENDUM:
Live and Archived Streaming Media
Special City Council Meeting, May 27, 2007 @ 5:30 P.M.
City Council Budget Meeting Packet May 27 2009
CITY OF CARMEL-BY-THE-SEA
TRIENNIAL BUDGET
FISCAL YEARS 2009/10 - 2011/12
BUDGET QUESTIONS & ANSWERS
CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
DRAFT BUDGET
FISCAL YEARS
2008/09 THROUGH 2010/11
CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
FISCAL YEARS
2008/09 THROUGH 2010/11
FISCAL YEAR 2008/09 THROUGH 2010/11 TRIENNIAL BUDGET
Special City Council Meeting
Wednesday, May 27, 2009
5:30 p.m.
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
IV. Resolutions
B. Consideration of a Resolution finding a severe fiscal hardship will exist if additional City property taxes are seized and additional unfunded mandates are adopted by the State of California.
V. Orders of Council
A. Study session and public hearing to review/adopt Fiscal Years 2009/10 – 2011/12 Triennial Budget.
ADDENDUM:
Live and Archived Streaming Media
Special City Council Meeting, May 27, 2007 @ 5:30 P.M.
City Council Budget Meeting Packet May 27 2009
CITY OF CARMEL-BY-THE-SEA
TRIENNIAL BUDGET
FISCAL YEARS 2009/10 - 2011/12
BUDGET QUESTIONS & ANSWERS
CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
DRAFT BUDGET
FISCAL YEARS
2008/09 THROUGH 2010/11
CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
FISCAL YEARS
2008/09 THROUGH 2010/11
FISCAL YEAR 2008/09 THROUGH 2010/11 TRIENNIAL BUDGET
Friday, May 22, 2009
Judge Dismisses Mandurrago et al. vs. City of Carmel-by-the-Sea et al. (GNM97273)
UPDATE: Although the Court ordered John Mandurrago to pay City legal expenses in the amount of approximately $6,500.00, the City expended a total of $50,497.05 in legal fees to Kennedy, Archer & Harray for the Mandurrago/Plaza Del Mar litigation, as follows:
117807 4/28/09 KENNEDY, ARCHER & HARRAY $ 25,780.60 01 61051 LEGAL SERVICES-MANDURRAGO/PLAZA DEL MAR LITIGATION
117938 5/19/09 KENNEDY, ARCHER & HARRAY $ 24,716.45 01 61051 LEGAL SERVICES-MANDURRAGO/PLAZA DEL MAR LITIGATION
----Vendor Total---- $ 50,497.05
After oral arguments this morning from Richard Harray, representing the City of Carmel-by-the-Sea, and Dennis Beougher, representing John Mandurrago, Hon. Robert O’Farrell dismissed Mandurrago’s lawsuit against the City of Carmel-by-the-Sea. Basically, Judge O’Farrell ruled that because the process was “ongoing” and a final decision by the City had not been made John Mandurrago had not exhausted administrative remedies. Judge O’Farrell’s ruling may be appealed by Dennis Beougher of Lombardo & Gilles, LLP, on behalf of his client, John Mandurrago.
117807 4/28/09 KENNEDY, ARCHER & HARRAY $ 25,780.60 01 61051 LEGAL SERVICES-MANDURRAGO/PLAZA DEL MAR LITIGATION
117938 5/19/09 KENNEDY, ARCHER & HARRAY $ 24,716.45 01 61051 LEGAL SERVICES-MANDURRAGO/PLAZA DEL MAR LITIGATION
----Vendor Total---- $ 50,497.05
After oral arguments this morning from Richard Harray, representing the City of Carmel-by-the-Sea, and Dennis Beougher, representing John Mandurrago, Hon. Robert O’Farrell dismissed Mandurrago’s lawsuit against the City of Carmel-by-the-Sea. Basically, Judge O’Farrell ruled that because the process was “ongoing” and a final decision by the City had not been made John Mandurrago had not exhausted administrative remedies. Judge O’Farrell’s ruling may be appealed by Dennis Beougher of Lombardo & Gilles, LLP, on behalf of his client, John Mandurrago.
Thursday, May 21, 2009
Random Reportings
ABSTRACT: Random Reportings on the indefinitely postponed Fire Protection Services Contract between the Cities of Carmel-by-the-Sea and Monterey, John Mandurrago, et al. vs. City of Carmel-By-the=Sea et al. (Case Number: GNM97273), the proposed 2009/2010 City Budget and the 2009 Courcours on the Avenue are presented. A COMMENT is made on City Administrator Rich Guillen's statements.
• As reported in The Carmel Pine Cone (May 8, 2009), City Administrator Rich Guillen stated that the City of Carmel-by-the-Sea has postponed indefinitely consideration of a Fire Protection Contract between the Cities of Carmel-by-the-Sea and Monterey at the City Council level. And while the City Administrator “estimated it could take four or five months to hammer out the issues enough that they can be presented to the city council,” including information about Cal Fire, reporting about the City contracting with a consultant for the purpose of conducting a study to examine all of the Fire Protection Services options was not mentioned.
• Apparently, according to reporting in The Carmel Pine Cone (May 8, 2009), the City has expended $4,459.00 in legal fees to Attorney Richard Harray of Kennedy, Archer & Harray, in an effort to have John Mandurrago’s lawsuit against the City of Carmel-by-the-Sea over issues involving the proposed demolition and new construction at the site of the Burde Bank building at Dolores St. and Seventh Av., S.E. corner, dismissed. And while Mandurrago alleges the City violated his constitutional rights, Harray wrote that there are “no facts pleaded that would support a conclusion that the city’s handling of the permit process shocks the conscience.” However, the mayor has on other occasions demonstrated a “cognizable level of executive abuse of power” which “shocks the conscience,” including, but not limited to, misstating facts in her 2009 State of the City address, altering an applicant’s permit conditions after the City Council denied her appeal and harassing individuals over the telephone with 20 minute diatribes, et cetera.
A Motion Hearing and Demurrer are scheduled for Friday, May 22, 2009 at 9:00 A.M. in Courtroom 14, Monterey County Superior Court, 2nd floor, Hon. Robert O’Farrell presiding.
Case Details for GNM97273 ; Mandurrago, John et al. vs. City of Carmel-By-the=Sea et al.:
Case Number: GNM97273
Case Caption: Mandurrago, John et al. vs. City of Carmel-By-the=Sea et al.
Original Filing Date: 2/27/2009
Attorney, DEF, City of Carmel-by-the-Sea, et al: Richard Harray
Attorney, PLF, John Mandurrago: Anthony Lombardo
Schedule of Events:
Motion Hearing & Demurrer: 5/22/2009 9:00 A.M.
Courtroom 14: Hon. Robert O’Farrell
Supervising Judge, Civil Department
Master Civil Calendar
Civil Trial Department
Civil Law & Motion Calendar
Search Court Case
Superior Court of California, County of Monterey
• “In the long run, if we can figure a way to reduce our dependency on tourism and get alternative funding sources that are ongoing, I think that in the long run, Carmel-by-the-Sea will be a much stronger financial city,” he concluded. “And we’ll be able to maintain the staffing levels we need and the institutional memory we need, and everything else that goes along with keeping Carmel the charming city that it is,” according to City Administrator Rich Guillen.
(Source: City may cut staff, raid reserves to balance budget, MARY BROWNFIELD, May 15, 2009)
COMMENT: City Administrator’s Record contradicts his Rhetoric: In the past nine years, City Administrator Rich Guillen has not only not reduced Carmel's dependency on tourism, but he has overseen more taxpayer dollar expenditures for tourist promotion and marketing than all previous city administrations combined.
NOTE: The next $13,552,850 2009/2010 Budget Meeting is scheduled for Wednesday, May 27, 2009 at 4:30 P.M. at City Hall.
• While Concours on the Avenue founders Doug and Genie Freedman hope to “one day generate a profit,” the 2009 Concours on the Avenue will be a one-day event on Tuesday, August 11, 2009, down from two days in 2008, according to reporting in The Carmel Pine Cone (May 15, 2009). The one-day Concours will feature 180 entries, including Porsches, Ferraris and other marques; the event footprint, which includes the core of Ocean Avenue and side streets, will not change from 2008. Additionally, fifteen major awards will be awarded on top entrants as well as awards in each of more than 24 classes.
• As reported in The Carmel Pine Cone (May 8, 2009), City Administrator Rich Guillen stated that the City of Carmel-by-the-Sea has postponed indefinitely consideration of a Fire Protection Contract between the Cities of Carmel-by-the-Sea and Monterey at the City Council level. And while the City Administrator “estimated it could take four or five months to hammer out the issues enough that they can be presented to the city council,” including information about Cal Fire, reporting about the City contracting with a consultant for the purpose of conducting a study to examine all of the Fire Protection Services options was not mentioned.
• Apparently, according to reporting in The Carmel Pine Cone (May 8, 2009), the City has expended $4,459.00 in legal fees to Attorney Richard Harray of Kennedy, Archer & Harray, in an effort to have John Mandurrago’s lawsuit against the City of Carmel-by-the-Sea over issues involving the proposed demolition and new construction at the site of the Burde Bank building at Dolores St. and Seventh Av., S.E. corner, dismissed. And while Mandurrago alleges the City violated his constitutional rights, Harray wrote that there are “no facts pleaded that would support a conclusion that the city’s handling of the permit process shocks the conscience.” However, the mayor has on other occasions demonstrated a “cognizable level of executive abuse of power” which “shocks the conscience,” including, but not limited to, misstating facts in her 2009 State of the City address, altering an applicant’s permit conditions after the City Council denied her appeal and harassing individuals over the telephone with 20 minute diatribes, et cetera.
A Motion Hearing and Demurrer are scheduled for Friday, May 22, 2009 at 9:00 A.M. in Courtroom 14, Monterey County Superior Court, 2nd floor, Hon. Robert O’Farrell presiding.
Case Details for GNM97273 ; Mandurrago, John et al. vs. City of Carmel-By-the=Sea et al.:
Case Number: GNM97273
Case Caption: Mandurrago, John et al. vs. City of Carmel-By-the=Sea et al.
Original Filing Date: 2/27/2009
Attorney, DEF, City of Carmel-by-the-Sea, et al: Richard Harray
Attorney, PLF, John Mandurrago: Anthony Lombardo
Schedule of Events:
Motion Hearing & Demurrer: 5/22/2009 9:00 A.M.
Courtroom 14: Hon. Robert O’Farrell
Supervising Judge, Civil Department
Master Civil Calendar
Civil Trial Department
Civil Law & Motion Calendar
Search Court Case
Superior Court of California, County of Monterey
• “In the long run, if we can figure a way to reduce our dependency on tourism and get alternative funding sources that are ongoing, I think that in the long run, Carmel-by-the-Sea will be a much stronger financial city,” he concluded. “And we’ll be able to maintain the staffing levels we need and the institutional memory we need, and everything else that goes along with keeping Carmel the charming city that it is,” according to City Administrator Rich Guillen.
(Source: City may cut staff, raid reserves to balance budget, MARY BROWNFIELD, May 15, 2009)
COMMENT: City Administrator’s Record contradicts his Rhetoric: In the past nine years, City Administrator Rich Guillen has not only not reduced Carmel's dependency on tourism, but he has overseen more taxpayer dollar expenditures for tourist promotion and marketing than all previous city administrations combined.
NOTE: The next $13,552,850 2009/2010 Budget Meeting is scheduled for Wednesday, May 27, 2009 at 4:30 P.M. at City Hall.
• While Concours on the Avenue founders Doug and Genie Freedman hope to “one day generate a profit,” the 2009 Concours on the Avenue will be a one-day event on Tuesday, August 11, 2009, down from two days in 2008, according to reporting in The Carmel Pine Cone (May 15, 2009). The one-day Concours will feature 180 entries, including Porsches, Ferraris and other marques; the event footprint, which includes the core of Ocean Avenue and side streets, will not change from 2008. Additionally, fifteen major awards will be awarded on top entrants as well as awards in each of more than 24 classes.
Monday, May 18, 2009
Gill’s Foot Path Park…A Neighborhood Garden
IN APPRECIATION, WE NAME THIS...GILL'S FOOT PATH PARK
ABSTRACT: In full flowering bloom, Gill’s Foot Path Park is nestled in a neighborhood on Lincoln St., south of Third Av. Among the flowers, a magnolia tree stands in memory of "Max,” a man of German descent who once lived on the street near Gill’s Foot Path Park. Photos depict this neighborhood garden.
View of Gill's Foot Path Park
Magnolia TreeEngraved Stone: Ein Magnolienbaum
Fur unser Max
Translation: One Magnolia Tree
For Our Max
Saturday, May 16, 2009
Carmel Art Associations Presents PAINTING DEMONSTRATIONS BY CAA ARTIST MEMBERS MEHEEN, CRISPO, FARINA & MARTIN
Carmel Art Association
“Celebrating 81 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
WHO: Carmel Art Association (CAA) Artist Members Alicia Meheen, Dick Crispo, Mark Farina & Gerard Martin
WHAT: Painting Demonstrations in the Gallery and in the Garden
All day live painting demonstrations by Carmel Art Association artist members in watercolor, oil and mixed media. Event Free.
11:00 A.M. Alicia Meheen (Watercolor) Beardsley Room
1:30 P.M. Dick Crispo (Mixed Media) Segal Room
2:00 P.M. Mark Farina (Oil) Center Room
3:00 P.M. Gerard Martin (Oil) Garden
WHEN: Saturday, May 16, 2009 from 11:00 A.M. – 4:00 P.M.
WHERE: Carmel Art Association
W/s Dolores St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.
“Celebrating 81 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
WHO: Carmel Art Association (CAA) Artist Members Alicia Meheen, Dick Crispo, Mark Farina & Gerard Martin
WHAT: Painting Demonstrations in the Gallery and in the Garden
All day live painting demonstrations by Carmel Art Association artist members in watercolor, oil and mixed media. Event Free.
11:00 A.M. Alicia Meheen (Watercolor) Beardsley Room
1:30 P.M. Dick Crispo (Mixed Media) Segal Room
2:00 P.M. Mark Farina (Oil) Center Room
3:00 P.M. Gerard Martin (Oil) Garden
WHEN: Saturday, May 16, 2009 from 11:00 A.M. – 4:00 P.M.
WHERE: Carmel Art Association
W/s Dolores St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.
Thursday, May 14, 2009
Carmel Art Festival’s PLEIN AIR EVENT
ARTIST’S CHOICE AWARDTITLE: Evening Light – Monterey Harbor
ARTIST: Michael Situ
1st PlaceARTIST: Brian Blood
Best of Oil or AcrylicARTIST: Larry Moore
Abstract: The Carmel Art Festival hosts the 16th Annual Carmel Art Festival Thursday, May 14 – Sunday, May 17, 2009 featuring its signature Plein Air Event with 59 Juried Artists. The Schedule of Plein Air Events and Juried Artists (links to web sites) are provided.
SCHEDULE OF PLEIN AIR EVENTS:
Thursday, May 14 & Friday May 15, 2009
• All day: Plein Air artists painting throughout Monterey Peninsula area.
Saturday, May 16, 2009
• Plein Air Awards, Silent & Live Auction:
• 8:00AM - 10:00Am - Judging of Plein Air Paintings.
• 10:00AM - 6:00PM - Public view and bidding on plein air paintings from competition.
• 5:00PM - Plein Air Awards Ceremony.
• 6:00PM - Close of Silent Auction; followed immediately by Live Auction.
Sunday, May 17, 2009• Quick Draw & Sale of Plein Air Paintings:
Throughout Carmel:
• 9:00AM - 11:00Am - "Quick Draw" by winners of Festival; painting throughout Carmel.
Devendorf Park:
• 11:00AM - Quick Draw viewing of paintings, followed by Silent & Live Auction about 11:30AM
On Mission Street:
• Plein Air paintings for sale by our Juried Artists.
• Carmel Art Festival Closes at 4:00 P.M.
Carmel Art Festival 2009 Plein Air Juried Artists
Linda Abbott
Ebrahim Amin
Michael Bagdonas
Tomiko Bailey
Brian Blood
Delia Bradford
Larry Cannon
Elaine Carpenter
Inna Cherneykin
Bethanne Cople
Vivian Cornwall
Mary Lou Correia
Kevin Courter
Cornelia Emery
Brian Scott Eppley
Mark Farina
Alan Fetterman
Terri Ford
Erin Gafill
Debra Groesser
Debbie Gualco
Roianne Hart
Michele Hausman
Dali Higa
Sterling Hoffmann
Norma Holmes
Carol Johnson
Steve Kell
Laurie Kersey
Paul Kratter
Po Pin Lin
Adele Lloyd
Kim Lordier
Rolf Lygren
Wayne McKenzie
William McLane
Ray Mendieta
Patris Miller
Judy Miller
Larry Moore
Donald Neff
Michael Obermeyer
Robin Purcell
William Rogers
Robert Sandidge
Stephen Sanfilippo
Lee Sautereau
Julia Seelos
Andrey Shirokov
Michael Situ
Donald Sondag
Paul Strahm
Bryan Taylor
Marjorie Taylor
Alfredo Tofanelli
Taki Tu
Sharon Weaver
Charles White
Paul Youngman
Denis Zelaev
FOR MORE INFORMATION:
Carmel Gallery Alliance
P.O. Box 7191
Carmel, CA 93921
Tel.(Voice Mail only): (831) 642-2503
Quick Response Email: 2009@carmelartfestival.org
Website: http://www.carmelartfestival.org
Title: “WAITING FOR SUNSET”Artist: PO PIN LIN
Wednesday, May 13, 2009
'MINUTES' for Sale of the Flanders Mansion Property 12 May 2009 Special City Council Agenda Item
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 12, 2009
IV. Orders of Council
A. Consideration of a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property.
Council Member ROSE moved approval of a Resolutiion Certififying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, seconded by Council Member HAZDOVAC 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
B. Consideration of a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease.
C. Consideration of a Resolution Adopting a Statement of Overriding Considerations.
D. Consideration of a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation.
Council Member ROSE moved approval of a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease, a Resolution Adopting a Statement of Overriding Considerations, a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation, seconded by Council Member SHARP 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
E. Consideration of a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land.
Council Member ROSE moved approval of a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land of Tuesday, June 16, 2009 at 4:30 P.M. at City Hall Chambers, seconded by Council Member HAZDOVAC 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
(Source: Archived Videos, Special City Council Meeting, May 12, 2009)
COMMENTS:
• At the City Council Meeting which lasted only 38 minutes, Council Members PAULA HAZDOVAC, GERARD ROSE, KAREN SHARP, KEN TALMAGE & SUE McCLOUD unanimously approved each and every Reolution for the Sale of the Flanders Mansion Property without any substantive discussion.
• Frequent users of Mission Trail Nature Preserve note that not one of the City Council Members are regular users of Mission Trail Nature Preserve; therefore individually and collectively, they do not have an understanding or appreciation of the intrinsic and integral part Flanders Mansion has as part of Mission Trail Nature Preserve from both a physicial and historical perspective.
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 12, 2009
IV. Orders of Council
A. Consideration of a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property.
Council Member ROSE moved approval of a Resolutiion Certififying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property, seconded by Council Member HAZDOVAC 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
B. Consideration of a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease.
C. Consideration of a Resolution Adopting a Statement of Overriding Considerations.
D. Consideration of a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation.
Council Member ROSE moved approval of a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease, a Resolution Adopting a Statement of Overriding Considerations, a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation, seconded by Council Member SHARP 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
E. Consideration of a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land.
Council Member ROSE moved approval of a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land of Tuesday, June 16, 2009 at 4:30 P.M. at City Hall Chambers, seconded by Council Member HAZDOVAC 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
(Source: Archived Videos, Special City Council Meeting, May 12, 2009)
COMMENTS:
• At the City Council Meeting which lasted only 38 minutes, Council Members PAULA HAZDOVAC, GERARD ROSE, KAREN SHARP, KEN TALMAGE & SUE McCLOUD unanimously approved each and every Reolution for the Sale of the Flanders Mansion Property without any substantive discussion.
• Frequent users of Mission Trail Nature Preserve note that not one of the City Council Members are regular users of Mission Trail Nature Preserve; therefore individually and collectively, they do not have an understanding or appreciation of the intrinsic and integral part Flanders Mansion has as part of Mission Trail Nature Preserve from both a physicial and historical perspective.
Tuesday, May 12, 2009
CITY COUNCIL MEETING ON PROPOSED SALE OF THE NATIONAL REGISTER OF HISTORIC PLACES RESOURCE FLANDERS MANSION
ABSTRACT: Today, commencing at 4:30 P.M., the City Council will hold a City Council Meeting on the proposed Sale of the Flanders Mansion Property. After public comment, it is anticipated the City Council will consider a Resolution Certifying the Recirculated Final Environmental Impact Report for the Flanders Mansion Project; a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease; a Resolution adopting a Statement of Overriding Considerations; a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation and a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land. The AMENDED NOTICE OF SPECIAL CITY COUNCIL MEETING is reproduced and a COMMENT is made regarding the City Council and the future of the Flanders Mansion Property.
AMENDED NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, May 12, 2009 - 4:30 pm
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Orders of Council
A. Consideration of a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property.
B. Consideration of a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease.
C.Consideration of a Resolution Adopting a Statement of Overriding Considerations.
D. Consideration of a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation.
E. Consideration of a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land.
V. Adjournment
COMMENT:
• Instead of considering the aforementioned Resolutions, the City Council would be wise to provide policy direction to the City Administrator to begin formal discussions with representatives of the Flanders Foundation for the purpose of determining a public use for the Flanders Mansion and entering into a long-term lease agreement with the Flanders Foundation for the benefit of the public and future generations of Carmelites.
ADDENDUM:
Special City Council Meeting Agenda Packet, Tuesday, May 12, 2009
AMENDED NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, May 12, 2009 - 4:30 pm
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Orders of Council
A. Consideration of a Resolution Certifying the Recirculated Final Environmental Impact Report for the Sale of the Flanders Mansion Property.
B. Consideration of a Resolution Adopting a Mitigation Monitoring and Reporting Program, Conditions of Sale, A Declaration of Conditions, Covenants and Restrictions to Be Recorded against the Property, and Conditions of Lease.
C.Consideration of a Resolution Adopting a Statement of Overriding Considerations.
D. Consideration of a Resolution Adopting a Project for Implementation: Sale of Flanders Mansion Parcel with Conservation Easements and Mitigation.
E. Consideration of a Resolution of Notice of Proposed Discontinuance of Public Park Land and Setting Date for Hearing of Protests Against Sale of Public Park Land.
V. Adjournment
COMMENT:
• Instead of considering the aforementioned Resolutions, the City Council would be wise to provide policy direction to the City Administrator to begin formal discussions with representatives of the Flanders Foundation for the purpose of determining a public use for the Flanders Mansion and entering into a long-term lease agreement with the Flanders Foundation for the benefit of the public and future generations of Carmelites.
ADDENDUM:
Special City Council Meeting Agenda Packet, Tuesday, May 12, 2009
Sunday, May 10, 2009
Mark Bayne (SOCNC): "...this project is not about preserving the old hospital, low income housing or altruism. It’s only about corporate profit."
ABSTRACT: At the City Council Meeting on May 5, 2009, during Appearances, Mark Bayne of Save Our Carmel Neighborhoods Coalition addressed the public and City Council. Bayne's remarks are transcribed. As part of his remarks, Bayne requested that the City “make its concerns known to the County Planning Department” regarding the Draft Environmental Impact Report on the Villas de Carmelo Project by June 5, 2009 as the project site is within the City of Carmel-by-the-Sea’s sphere of influence.
AGENDA
Regular Meeting
Tuesday, May 5, 2009
4:30 p.m., Open Session
VI. Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.
Always speak into the microphone, as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.
Mark Bayne, Save Our Carmel Neighborhoods Coalition:
"Hello, I’m Mark Bayne, Carmel citizen."
"Madam Mayor, City Council Members. Have you seen the car lot type banners up on Valley Way and Hwy One at the former Carmel Convalescent site? This marks the site of a proposed massive development called Villas de Carmelo. It would be the same size, height and scale of our...Barnyard Shopping Center. Not only would the buildings be two and three stories, but if this application were successful, half of the trees on the project site would be clear cut. The Save Our Carmel Neighbors Coalition represents over 110 households in Carmel. Our volunteer group has gathered 1,800 signatures opposed to the proposed rezoning to high density to build 46 condos on the hospital site. We are not opposed to the adaptive reuse of the hospital or developing the site under Carmel’s Local Coastal Program and the current zoning."
"We are sure you’ve heard that the Leidig group is no longer involved, but the current owners, the McDowells, and New York real estate developers Widewaters are now the applicants. Widewaters is a corporate real estate developer best known for its strip malls and shopping centers. According to their website, their moto is “We never give up.” It is apparent that this project is not about preserving the old hospital, low income housing or altruism. It’s only about corporate profit. The hospital site is in Carmel’s sphere of influence. Our city government must be proactive in responding to establishing the dangerous precedent of rezoning in single-family residential neighborhoods. This will open the door for this newer developer and for other developers. Thank you for assigning Sean Conroy to monitor this project. We support the City and the capable planning that has taken place to protect the City of Carmel-by-the-Sea and its surroundings."
"The Draft Environmental Impact Report written by Denise Duffy & Associates has just been released. The deadline for public comment is June 5. After reading the DEIR, we are asking the City of Carmel-by-the-Sea to make its concerns known to the County Planning Department. The report is available online at the county website or at the Harrison Library. This massive proposed project would change Carmel and its neighborhoods forever."
"I am Mark Bayne from the Save Our Carmel Neighborhoods Coalition."
"Thank you very much."
(Source: Archived Videos, Regular City Council Meeting, May 5, 2009, 01:47:00 – 01:49:46)
ADDENDUM:
DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE VILLAS DE CARMELO PROJECT
CARMEL, CALIFORNIA
VOLUME I: DRAFT EIR
April 2009
AGENDA
Regular Meeting
Tuesday, May 5, 2009
4:30 p.m., Open Session
VI. Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.
Always speak into the microphone, as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.
Mark Bayne, Save Our Carmel Neighborhoods Coalition:
"Hello, I’m Mark Bayne, Carmel citizen."
"Madam Mayor, City Council Members. Have you seen the car lot type banners up on Valley Way and Hwy One at the former Carmel Convalescent site? This marks the site of a proposed massive development called Villas de Carmelo. It would be the same size, height and scale of our...Barnyard Shopping Center. Not only would the buildings be two and three stories, but if this application were successful, half of the trees on the project site would be clear cut. The Save Our Carmel Neighbors Coalition represents over 110 households in Carmel. Our volunteer group has gathered 1,800 signatures opposed to the proposed rezoning to high density to build 46 condos on the hospital site. We are not opposed to the adaptive reuse of the hospital or developing the site under Carmel’s Local Coastal Program and the current zoning."
"We are sure you’ve heard that the Leidig group is no longer involved, but the current owners, the McDowells, and New York real estate developers Widewaters are now the applicants. Widewaters is a corporate real estate developer best known for its strip malls and shopping centers. According to their website, their moto is “We never give up.” It is apparent that this project is not about preserving the old hospital, low income housing or altruism. It’s only about corporate profit. The hospital site is in Carmel’s sphere of influence. Our city government must be proactive in responding to establishing the dangerous precedent of rezoning in single-family residential neighborhoods. This will open the door for this newer developer and for other developers. Thank you for assigning Sean Conroy to monitor this project. We support the City and the capable planning that has taken place to protect the City of Carmel-by-the-Sea and its surroundings."
"The Draft Environmental Impact Report written by Denise Duffy & Associates has just been released. The deadline for public comment is June 5. After reading the DEIR, we are asking the City of Carmel-by-the-Sea to make its concerns known to the County Planning Department. The report is available online at the county website or at the Harrison Library. This massive proposed project would change Carmel and its neighborhoods forever."
"I am Mark Bayne from the Save Our Carmel Neighborhoods Coalition."
"Thank you very much."
(Source: Archived Videos, Regular City Council Meeting, May 5, 2009, 01:47:00 – 01:49:46)
ADDENDUM:
DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE VILLAS DE CARMELO PROJECT
CARMEL, CALIFORNIA
VOLUME I: DRAFT EIR
April 2009
Saturday, May 09, 2009
Flanders Mansion Property: Information Carmelites Should Know to Make an Informed Decision
ABSTRACT: Information about the Flanders Mansion all Carmel residents and voters should know to make an informed decision about the proposed sale of the Flanders Mansion Property is presented because only a well-informed populace can make sound public-policy decisions, particularly regarding the future of a City-owned National Register of Historic Places resource.
With regard to the City of Carmel-by-the-Sea’s proposed Sale of the Flanders Mansion Property, it is important for Carmel-by-the-Sea residents and voters to be fully informed about all of the issues surrounding the Flanders Mansion Property and the consequences of a sale of the Flanders Mansion Property. Important information to consider is presented in six categories, including, as follows:
• HISTORY OF FLANDERS MANSION
• FLANDERS MANSION IN THE CONTEXT OF MISSION TRAIL NATURE PRESERVE
• MISSION TRAIL NATURE PRESERVE MASTER PLAN & ENVIRONMENTAL IMPACT REPORTS ON THE SALE OF THE FLANDERS MANSION PROPERTY
• THE FLANDERS FOUNDATION
• WRIT OF MANDAMUS FOR THE FLANDERS FOUNDATION VS. CITY OF CARMEL-BY-THE-SEA, ET AL.
• CITY EXPENDITURES TOWARDS THE SALE OF THE FLANDERS MANSION PROPERTY & CITY BUDGET
HISTORY OF FLANDERS MANSION:
• In the early 1920s, real estate developer Paul Flanders and his Carmel Realty Company partners purchased the “Flanders parcel,” which he intended to develop for residential use. In 1968, the City denied Flanders his proposed subdivision of Flanders parcel into 65 townhouses. Later, in 1969, the City denied Flanders resubmitted application for 45 units. Finally, in 1972, the City again denied Flanders application to subdivide Flanders parcel into 1-arce parcels. Then, in 1972, the City purchased the 14.9-acre Flanders Property for $275,000 and in 1973 the City merged the 17.5-acre Doolittle property to the 14.9-acre Flanders Property to form parkland, now Mission Trail Nature Preserve. Ergo, from the public’s perspective, the Flanders Mansion has not been viewed as a house in the Hatton Fields neighborhood; rather Flanders Mansion has been seen as a Mansion in a Preserve/Park.
• Flanders Mansion was designed by noted San Francisco architect, Henry H. Gutterson. In 1924, Gutterson was hired by Paul and Grace Flanders to design their 5,559 square foot home and gardens within a park-like setting. The resulting building called “Outlands”, an English cottage design, (a sub-style of the Tudor Revival), was one of the first structures in Carmel of this pictorial style of architecture. It was listed on the National Register of Historic Places under local significance in 1989.
• Since the City’s acquisition of the Flanders Mansion in 1972, the Flanders Mansion has been used as an art institute, offices for the Carmel Heritage Society, offices and library for the Lester Rowntree Arboretum Committee, and housing for a city administrator and caretaker and 1995 Alliance on Aging Decorator Showcase.
• Although a Task Force was established to make recommendations for the long-term use of the Flanders Mansion, City Councils have rejected proposals, including a youth hostel, culinary institute and use by CSUMB. Furthermore, City Councils have historically not made a commitment to work cooperatively with a group to determine a suitable use and then implement that identified low intensity public use.
FLANDERS MANSION IN THE CONTEXT OF MISSION TRAIL NATURE PRESERVE:
• The Flanders Mansion Property is located within, and surrounded on all sides by, the City’s largest park, 35-acre Mission Trail Nature Preserve. Immediately east of the Flanders Mansion property is a part of the Preserve known as the Lester Rowntree Arboretum, a native plant garden/arboretum. The Flanders Mansion Property is considered an integral part of the Missions Trail Nature Preserve because it provides park benefits and also facilitates the use of other areas of the 35-acre preserve; no physical boundaries separate the Flanders Mansion Property from the remaining portion of the Mission Trail Nature Preserve. The grounds of the Flanders Mansion property have historically been used by the public for passive recreational activities and the property provides a number of park benefits.
• The Flanders Mansion is considered an integral part of the visual character of the area by providing a unique architectural element that is visually distinct and reflective of Carmel-by-the-Sea’s rich and diverse history. The Mansion represents an important visual landmark within the Mission Trail Nature Preserve and its integration into the Mission Trail Nature Preserve significantly enhances the visual experience of park visitors.
CITY’S MISSION TRAIL NATURE PRESERVE MASTER PLAN & ENVIRONMENTAL IMPACT REPORTS ON THE SALE OF THE FLANDERS MANSION PROPERTY & GENERAL PLAN:
• The City’s Mission Trail Nature Preserve Master Plan indicates that the Flanders Mansion is an intrinsic part of the preserve and the surrounding area. The sale of the Flanders Mansion would have the effect of removing the property from public use.
• The Environmental Impact Reports on the Sale of the Flanders Mansion Property identified two “significant and unavoidable” environmental impacts, as follows:
1. Sale of the Flanders Mansion Property would result in environmental impacts due to the permanent loss of parkland that have the potential to conflict with certain goals, objectives and policies identified in the City of Carmel-by-the-Sea General Plan/Coastal Land Use Plan intended on minimizing impacts to parkland and promoting public use of publicly owned parkland.
2. Sale of the Flanders Mansion Property would result in the loss locally significant parkland that is considered an integral component of the Mission Trail Nature Preserve.
• The Environmental Impact Reports identified “Potentially inconsistent” goal, objective and policy of the City’s General Plan/Coastal Land Use Plan Coastal Resource Management Element, as follows:
G5-6 Preserve and acquire open space and parks. (LUP)
O5-21 Optimize public use of City parks.
P5-107 Provide for public access and passive enjoyment of City parks and open space.
• As stated in the Environmental Impact Report, the “sale of the property would effectively result in the permanent loss of parkland located within the Mission Trail Nature Preserve. Although the sale of the Flanders Mansion Property would represent a relatively small reduction in the total amount of parkland (2% of all parkland) in the City of Carmel-by-the-Sea, the proposed project would significantly impact the Mission Trail Nature Preserve by directly impacting the cohesive nature of the Preserve.”
“For the purposes of this RDEIR, however, a change in ownership would directly impact the integrity of the Mission Trail Nature Preserve by eliminating access to and certain views of a portion of the park currently used by park visitors. Moreover, the Flanders Mansion and property are recognized in the Mission Trail Nature Preserve Master Plan as being an integral component of the Preserve. The sale of the Flanders Mansion to a private person or organization would remove 1.252 acres of parkland currently accessible by the public from the surrounding park setting. The sale of the Flanders Mansion is considered significant due to 1) the property’s location entirely within the Mission Trail Nature Preserve; 2) the property’s role in providing park benefits; 3) the presence of the Flanders Mansion, which adds significantly to the public experience of the park; and 4) the proximity of the property to the Lester Rowntree Arboretum."
• If the 1.252-acre Flanders Mansion Property Project site was sold as a single-family residence, it is assumed fences, walls and other means of partitioning the parcel from the remainder of the Mission Trail Nature Preserve and the permanent loss of public access to the Flanders property would result. Specifically, these types of exterior elements could create a visual barrier that would impact views from the Lester Rowntree Arboretum and adjacent trails as well as physically separate the Flanders Property from the Mission Trail Nature Preserve. These features would detract from the intact nature of the Preserve and thereby impact the Preserve’s existing visual integrity. Any intrusive visual or physical separation of the house from the park would be a substantive adverse change.
THE FLANDERS FOUNDATION:
• The Flanders Foundation, incorporated in 1999, is the sole non-profit organization dedicated to the preservation, enhancement and maintenance of the Flanders Mansion property as an “historic, cultural and educational resource for the benefit of residents and visitors to Carmel-by-the-Sea.” Additionally, with the assistance of a grant from the National Trust for Historic Preservation, the Flanders Foundation developed a Business Plan for Flanders Mansion addressing how Flanders could be restored and maintained long-term with a lease. Moreover, in over nine years as mayor of Carmel-by-the-Sea, Sue McCloud has refused to meet with Flanders Foundation representatives to establish a relationship with the Flanders Foundation similar to the City’s relationship with the Carmel Heritage Society when the City leased Flanders Mansion to the Society for $1.00 per year and determine and implement a suitable use of the Flanders Mansion compatible with the Hatton Fields neighborhood.
WRIT OF MANDAMUS FOR THE FLANDERS FOUNDATION VS. CITY OF CARMEL-BY-THE-SEA, ET AL.:
• In August 2007, Amended Judgment Granting Petition for Writ of Mandamus for The Flanders Foundation vs. City of Carmel-by-the-Sea and City Council of the City of Carmel-by-the- Sea (Mont. Co. Super. Ct. Case No. M76728), filed August 10, 2007 found the EIR to be inadequate because the City of Carmel-by-the-Sea failed to provide substantial evidence, in the form of an economic analysis, documenting that the environmentally superior alternative, lease of the Flanders Mansion, was considered infeasible. In addition, the city’s certification and other resolutions failed to recognize the Flanders Mansion parcel had historically been considered part of the park. The petition for the Writ of Mandamus raised challenges under CEQA, the Carmel-by-the-Sea Municipal Code, and the California Government Code, all in connection with the proposed sale of the Flanders Mansion by its owner, the City of Carmel-by-the-Sea.
CITY EXPENDITURES TOWARDS THE SALE OF THE FLANDERS MANSION PROPERTY & CITY BUDGET:
• As of April 2009, the City of Carmel-by-the-Sea had expended a minimum of, excluding city staff costs, $618,086.69 towards the sale of the Flanders Mansion Property, including EIR and other consultant costs, legal and associated costs and other miscellaneous costs.
• The City of Carmel-by-the-Sea has identified “the primary purpose of the proposed sale is to divest the City of the Flanders Mansion Property which is in need of significant short-term and long-term repair and rehabilitation.” However, for Fiscal Year 2008/09, the City Budget is $14,004,091 and as of June 30, 2008, the City had over $10 million in reserve funds.
SOURCES:
City Council Flanders Agenda Packet May 12 2009
RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF FLANDERS MANSION PROPERTY (RDEIR)
Recirculated Final ENVIRONMENTAL IMPACT REPORT For The SALE OF FLANDERS MANSION PROPERTY (RFEIR)
Flanders Foundation
With regard to the City of Carmel-by-the-Sea’s proposed Sale of the Flanders Mansion Property, it is important for Carmel-by-the-Sea residents and voters to be fully informed about all of the issues surrounding the Flanders Mansion Property and the consequences of a sale of the Flanders Mansion Property. Important information to consider is presented in six categories, including, as follows:
• HISTORY OF FLANDERS MANSION
• FLANDERS MANSION IN THE CONTEXT OF MISSION TRAIL NATURE PRESERVE
• MISSION TRAIL NATURE PRESERVE MASTER PLAN & ENVIRONMENTAL IMPACT REPORTS ON THE SALE OF THE FLANDERS MANSION PROPERTY
• THE FLANDERS FOUNDATION
• WRIT OF MANDAMUS FOR THE FLANDERS FOUNDATION VS. CITY OF CARMEL-BY-THE-SEA, ET AL.
• CITY EXPENDITURES TOWARDS THE SALE OF THE FLANDERS MANSION PROPERTY & CITY BUDGET
HISTORY OF FLANDERS MANSION:
• In the early 1920s, real estate developer Paul Flanders and his Carmel Realty Company partners purchased the “Flanders parcel,” which he intended to develop for residential use. In 1968, the City denied Flanders his proposed subdivision of Flanders parcel into 65 townhouses. Later, in 1969, the City denied Flanders resubmitted application for 45 units. Finally, in 1972, the City again denied Flanders application to subdivide Flanders parcel into 1-arce parcels. Then, in 1972, the City purchased the 14.9-acre Flanders Property for $275,000 and in 1973 the City merged the 17.5-acre Doolittle property to the 14.9-acre Flanders Property to form parkland, now Mission Trail Nature Preserve. Ergo, from the public’s perspective, the Flanders Mansion has not been viewed as a house in the Hatton Fields neighborhood; rather Flanders Mansion has been seen as a Mansion in a Preserve/Park.
• Flanders Mansion was designed by noted San Francisco architect, Henry H. Gutterson. In 1924, Gutterson was hired by Paul and Grace Flanders to design their 5,559 square foot home and gardens within a park-like setting. The resulting building called “Outlands”, an English cottage design, (a sub-style of the Tudor Revival), was one of the first structures in Carmel of this pictorial style of architecture. It was listed on the National Register of Historic Places under local significance in 1989.
• Since the City’s acquisition of the Flanders Mansion in 1972, the Flanders Mansion has been used as an art institute, offices for the Carmel Heritage Society, offices and library for the Lester Rowntree Arboretum Committee, and housing for a city administrator and caretaker and 1995 Alliance on Aging Decorator Showcase.
• Although a Task Force was established to make recommendations for the long-term use of the Flanders Mansion, City Councils have rejected proposals, including a youth hostel, culinary institute and use by CSUMB. Furthermore, City Councils have historically not made a commitment to work cooperatively with a group to determine a suitable use and then implement that identified low intensity public use.
FLANDERS MANSION IN THE CONTEXT OF MISSION TRAIL NATURE PRESERVE:
• The Flanders Mansion Property is located within, and surrounded on all sides by, the City’s largest park, 35-acre Mission Trail Nature Preserve. Immediately east of the Flanders Mansion property is a part of the Preserve known as the Lester Rowntree Arboretum, a native plant garden/arboretum. The Flanders Mansion Property is considered an integral part of the Missions Trail Nature Preserve because it provides park benefits and also facilitates the use of other areas of the 35-acre preserve; no physical boundaries separate the Flanders Mansion Property from the remaining portion of the Mission Trail Nature Preserve. The grounds of the Flanders Mansion property have historically been used by the public for passive recreational activities and the property provides a number of park benefits.
• The Flanders Mansion is considered an integral part of the visual character of the area by providing a unique architectural element that is visually distinct and reflective of Carmel-by-the-Sea’s rich and diverse history. The Mansion represents an important visual landmark within the Mission Trail Nature Preserve and its integration into the Mission Trail Nature Preserve significantly enhances the visual experience of park visitors.
CITY’S MISSION TRAIL NATURE PRESERVE MASTER PLAN & ENVIRONMENTAL IMPACT REPORTS ON THE SALE OF THE FLANDERS MANSION PROPERTY & GENERAL PLAN:
• The City’s Mission Trail Nature Preserve Master Plan indicates that the Flanders Mansion is an intrinsic part of the preserve and the surrounding area. The sale of the Flanders Mansion would have the effect of removing the property from public use.
• The Environmental Impact Reports on the Sale of the Flanders Mansion Property identified two “significant and unavoidable” environmental impacts, as follows:
1. Sale of the Flanders Mansion Property would result in environmental impacts due to the permanent loss of parkland that have the potential to conflict with certain goals, objectives and policies identified in the City of Carmel-by-the-Sea General Plan/Coastal Land Use Plan intended on minimizing impacts to parkland and promoting public use of publicly owned parkland.
2. Sale of the Flanders Mansion Property would result in the loss locally significant parkland that is considered an integral component of the Mission Trail Nature Preserve.
• The Environmental Impact Reports identified “Potentially inconsistent” goal, objective and policy of the City’s General Plan/Coastal Land Use Plan Coastal Resource Management Element, as follows:
G5-6 Preserve and acquire open space and parks. (LUP)
O5-21 Optimize public use of City parks.
P5-107 Provide for public access and passive enjoyment of City parks and open space.
• As stated in the Environmental Impact Report, the “sale of the property would effectively result in the permanent loss of parkland located within the Mission Trail Nature Preserve. Although the sale of the Flanders Mansion Property would represent a relatively small reduction in the total amount of parkland (2% of all parkland) in the City of Carmel-by-the-Sea, the proposed project would significantly impact the Mission Trail Nature Preserve by directly impacting the cohesive nature of the Preserve.”
“For the purposes of this RDEIR, however, a change in ownership would directly impact the integrity of the Mission Trail Nature Preserve by eliminating access to and certain views of a portion of the park currently used by park visitors. Moreover, the Flanders Mansion and property are recognized in the Mission Trail Nature Preserve Master Plan as being an integral component of the Preserve. The sale of the Flanders Mansion to a private person or organization would remove 1.252 acres of parkland currently accessible by the public from the surrounding park setting. The sale of the Flanders Mansion is considered significant due to 1) the property’s location entirely within the Mission Trail Nature Preserve; 2) the property’s role in providing park benefits; 3) the presence of the Flanders Mansion, which adds significantly to the public experience of the park; and 4) the proximity of the property to the Lester Rowntree Arboretum."
• If the 1.252-acre Flanders Mansion Property Project site was sold as a single-family residence, it is assumed fences, walls and other means of partitioning the parcel from the remainder of the Mission Trail Nature Preserve and the permanent loss of public access to the Flanders property would result. Specifically, these types of exterior elements could create a visual barrier that would impact views from the Lester Rowntree Arboretum and adjacent trails as well as physically separate the Flanders Property from the Mission Trail Nature Preserve. These features would detract from the intact nature of the Preserve and thereby impact the Preserve’s existing visual integrity. Any intrusive visual or physical separation of the house from the park would be a substantive adverse change.
THE FLANDERS FOUNDATION:
• The Flanders Foundation, incorporated in 1999, is the sole non-profit organization dedicated to the preservation, enhancement and maintenance of the Flanders Mansion property as an “historic, cultural and educational resource for the benefit of residents and visitors to Carmel-by-the-Sea.” Additionally, with the assistance of a grant from the National Trust for Historic Preservation, the Flanders Foundation developed a Business Plan for Flanders Mansion addressing how Flanders could be restored and maintained long-term with a lease. Moreover, in over nine years as mayor of Carmel-by-the-Sea, Sue McCloud has refused to meet with Flanders Foundation representatives to establish a relationship with the Flanders Foundation similar to the City’s relationship with the Carmel Heritage Society when the City leased Flanders Mansion to the Society for $1.00 per year and determine and implement a suitable use of the Flanders Mansion compatible with the Hatton Fields neighborhood.
WRIT OF MANDAMUS FOR THE FLANDERS FOUNDATION VS. CITY OF CARMEL-BY-THE-SEA, ET AL.:
• In August 2007, Amended Judgment Granting Petition for Writ of Mandamus for The Flanders Foundation vs. City of Carmel-by-the-Sea and City Council of the City of Carmel-by-the- Sea (Mont. Co. Super. Ct. Case No. M76728), filed August 10, 2007 found the EIR to be inadequate because the City of Carmel-by-the-Sea failed to provide substantial evidence, in the form of an economic analysis, documenting that the environmentally superior alternative, lease of the Flanders Mansion, was considered infeasible. In addition, the city’s certification and other resolutions failed to recognize the Flanders Mansion parcel had historically been considered part of the park. The petition for the Writ of Mandamus raised challenges under CEQA, the Carmel-by-the-Sea Municipal Code, and the California Government Code, all in connection with the proposed sale of the Flanders Mansion by its owner, the City of Carmel-by-the-Sea.
CITY EXPENDITURES TOWARDS THE SALE OF THE FLANDERS MANSION PROPERTY & CITY BUDGET:
• As of April 2009, the City of Carmel-by-the-Sea had expended a minimum of, excluding city staff costs, $618,086.69 towards the sale of the Flanders Mansion Property, including EIR and other consultant costs, legal and associated costs and other miscellaneous costs.
• The City of Carmel-by-the-Sea has identified “the primary purpose of the proposed sale is to divest the City of the Flanders Mansion Property which is in need of significant short-term and long-term repair and rehabilitation.” However, for Fiscal Year 2008/09, the City Budget is $14,004,091 and as of June 30, 2008, the City had over $10 million in reserve funds.
SOURCES:
City Council Flanders Agenda Packet May 12 2009
RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE SALE OF FLANDERS MANSION PROPERTY (RDEIR)
Recirculated Final ENVIRONMENTAL IMPACT REPORT For The SALE OF FLANDERS MANSION PROPERTY (RFEIR)
Flanders Foundation
Thursday, May 07, 2009
Carmel Art Association Presents SOLO SHOWS ‘RECENT WORK’ BY FARINA & MEHEEN AND GALLERY SHOWCASE FEATURING FARRINGTON, LINDBERG & MATTESON
Carmel Art Association
“Celebrating 81 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 ‘RECENT WORK’ BY FARINA & MEHEEN AND GALLERY SHOWCASE FEATURING FARRINGTON, LINDBERG & MATTESON
Thursday, May 7 – Tuesday, June 2, 2009
SOLO SHOW “RECENT WORK” (Center Room):
Painter Mark Farina exhibits regional oil landscapes painted on location as well as still life subjects. View brief biography and three paintings, including "Carmel Valley Spring," "Monterey Wharf Nocturne" and "Carmel Mission."
SOLO SHOW “RECENT WORK” (Beardsley Room, South Wall):
Plein Air Painter Alicia Meheen exhibits her recent work in both watercolor and oil featuring the beauty of the Monterey area and other locales in her travels. View artist’s statement, brief biography and three watercolors, including "Coast View", "Carmel Mission" and "Self Portrait - Plein Air Energies."
SPECIAL SILENT AUCTION
May 7th to May 17th
A special Silent Auction for "Early Morning, Del Monte Beach" by Alicia Meheen.
Alicia Meheen is offering this watercolor (from her May solo show) in a silent auction starting May 7th, ending at noon on Sunday, May 17th. Proceeds will go towards the CAA's activities and projects.
Bidding: Please come to the gallery to bid or place your proxy bid by sending an email to inquiry@carmelart.org between May 7 and May 17 (noon deadline). Bids will not be accepted prior to the start of the auction.
Bidding starts at $300 with $50 increment on bids.
If bidding reaches $750 (value of painting) the bidding increment becomes $25.
GALLERY SHOWCASE (Segal Room):
Reed Farrington exhibits nude figures in oil on canvas. View one painting.
Keith Lindberg exhibits figures in doubt in oil on canvas. View one painting.
Figurative Painter Rip Matteson exhibits interiors with figures in oil on canvas. View artist’s statement and three paintings, including “Kindness in women, not their beauteous looks, shall win my love.” – Shakespeare 1564-1616; “From their eyelids as they glanced dripped love.” – Hesiod c. 700 BC; and "Sex and beauty are inseparable, like life and consciousness."
Opening Reception Saturday, May 9, 6:00 P.M. – 8:00 P.M.
“Celebrating 81 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 ‘RECENT WORK’ BY FARINA & MEHEEN AND GALLERY SHOWCASE FEATURING FARRINGTON, LINDBERG & MATTESON
Thursday, May 7 – Tuesday, June 2, 2009
SOLO SHOW “RECENT WORK” (Center Room):
Painter Mark Farina exhibits regional oil landscapes painted on location as well as still life subjects. View brief biography and three paintings, including "Carmel Valley Spring," "Monterey Wharf Nocturne" and "Carmel Mission."
SOLO SHOW “RECENT WORK” (Beardsley Room, South Wall):
Plein Air Painter Alicia Meheen exhibits her recent work in both watercolor and oil featuring the beauty of the Monterey area and other locales in her travels. View artist’s statement, brief biography and three watercolors, including "Coast View", "Carmel Mission" and "Self Portrait - Plein Air Energies."
SPECIAL SILENT AUCTION
May 7th to May 17th
A special Silent Auction for "Early Morning, Del Monte Beach" by Alicia Meheen.
Alicia Meheen is offering this watercolor (from her May solo show) in a silent auction starting May 7th, ending at noon on Sunday, May 17th. Proceeds will go towards the CAA's activities and projects.
Bidding: Please come to the gallery to bid or place your proxy bid by sending an email to inquiry@carmelart.org between May 7 and May 17 (noon deadline). Bids will not be accepted prior to the start of the auction.
Bidding starts at $300 with $50 increment on bids.
If bidding reaches $750 (value of painting) the bidding increment becomes $25.
GALLERY SHOWCASE (Segal Room):
Reed Farrington exhibits nude figures in oil on canvas. View one painting.
Keith Lindberg exhibits figures in doubt in oil on canvas. View one painting.
Figurative Painter Rip Matteson exhibits interiors with figures in oil on canvas. View artist’s statement and three paintings, including “Kindness in women, not their beauteous looks, shall win my love.” – Shakespeare 1564-1616; “From their eyelids as they glanced dripped love.” – Hesiod c. 700 BC; and "Sex and beauty are inseparable, like life and consciousness."
Opening Reception Saturday, May 9, 6:00 P.M. – 8:00 P.M.
Wednesday, May 06, 2009
‘MINUTES’ for One Noteworthy 5 May 2009 City Council Agenda Item
ABSTRACT: The ‘MINUTES’ of the one noteworthy 5 May 2009 City Council agenda item is presented, namely the announcement that the agenda item regarding the Fire Protection Services Agreement with the City of Monterey was removed from the Agenda. Appearances remarks of a retired Captain from the San Jose Fire Department and supporter of the Monterey-Carmel Fire Protection Services Agreement are transcribed. COMMENTS are made regarding the recent history of this Agenda Item; and advice for the City of Monterey and the Carmel Professional Firefighters is given. An ADDENDUM consisting of the date of the continued agenda item on the Sale of the Flanders Mansion as Tuesday, May 12, 2009 is provided.
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Regular Meeting
Tuesday, May 5, 2009
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
XI. Orders of Council
A. Receive report and provide policy direction regarding contracting fire
protection services to the City of Monterey.
After the Pledge of Allegiance, Mayor Sue McCloud announced that the Agenda Item regarding Fire Services was not on the Agenda.
During Appearances, Carmel resident Jerry Floyd spoke regarding the proposed Fire Protection Services Agreement with the City of Monterey.
Jerry Floyd, Carmel Resident & Retired Captain of the San Jose Fire Department:
“Good Afternoon, Madam Mayor and Council Members and Community, my name is Jerry Floyd. My wife and I live on Casanova Street here in Carmel. We are also members of the Carmel Residents Association. This past year, we were first hand recipients of our wonderful Fire Department’s services when my wife experienced a life threatening medical emergency and received the highest level of care that we could ever ask for by the members of this fire service in this community. We were truly grateful with this service in our time of need.”
“I want to speak to you in favor of the Monterey-Carmel Fire Service contract now under consideration, although it’s not on the agenda. I understand, but this is the only time I could make myself available today. That subject in very near and dear to my heart. I am a retired Captain from the San Jose Fire Department. During my career I was both a staunch supporter and personal participant in numerous and very successful fire service contracts within Santa Clara County. These fire service contracts included many small jurisdictions, similar to Carmel; the Town of Los Gatos, City of Cupertino, City of Saratoga, City of Los Altos, City of Morgan Hill, City of San Jose and numerous fire service districts surrounding these communities have been very successful and these contracts have been in place since the 1970s. This is not a new concept In addition, there are probably a dozen other cities in the Bay area where fire service contract agreements have proven to be very successful. Taking it a step further, Los Angeles County Fire has over fifty contract cities under their successful model. In my opinion, history speaks volumes to the success of such contracts and I encourage you to embrace this time tested, well proven, cost effective, and smart government process. With validation of independent consultants who have studied the best practices solution for Carmel Fire, the support of our public safety leadership, the support of our dedicated professional firefighters and the five years of contract experience with Monterey to date, the switch is ready to be flipped and I encourage you to move forward. In my opinion, there is not a better alternative for our community in providing the best possible fire service for our citizens.”
“As a Carmel resident and highly experienced member of the fire service community, I am totally confidence the Monterey–Carmel Fire Service Contract will go above and beyond all expectations and will greatly enhance the emergency delivery system to our community. Hundreds of other communities in California have gone before you and it is now your time to embrace the most effective solution for the citizens of our community. I encourage you to act swiftly and support this agreement Hundreds of other communities in California can’t be all wrong. Thank you for your time.”
(Source: Archived Videos, Regular City Council Meeting, May 5, 2009, 1:43:55 - 1:46:49)
COMMENTS:
• The City of Carmel-by-the-Sea originally announced the Agenda Item on the Carmel Fire Department for a Special City Council Agenda on Thursday, April 30, 2009. Then, the City scheduled it for the 5 May 2009 regular City Council Meeting. The Carmel Professional Firefighters placed a full page advertisement in The Carmel Pine Cone on Friday, April 24, 2009 imploring Carmel residents to attend the meeting and speak in support of the Monterey-Carmel Fire Protection Services Agreement. At the 5 May 2009 City Council Meeting, Mayor Sue McCloud announced that the Agenda Item regarding Fire Services was not on the Agenda.
• The City of Monterey may be wise to cancel its month-to-month Fire Services Contract with the City of Carmel-by-the-Sea as of June 2009 and the Carmel Professional Firefighters may be wise to look for opportunities to join other Fire Departments in cities whose governmental representatives and citizens value the opinions and service of their firefighters.
ADDENDUM:
XI. Orders of Council
B. Scheduling Future City Council meetings – Please Bring Your Calendar
At the end of the meeting, Mayor Sue McCloud announced the date of the continued City Council meeting on the Sale of the Flanders Mansion as Tuesday, May 12, 2009.
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Regular Meeting
Tuesday, May 5, 2009
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
XI. Orders of Council
A. Receive report and provide policy direction regarding contracting fire
protection services to the City of Monterey.
After the Pledge of Allegiance, Mayor Sue McCloud announced that the Agenda Item regarding Fire Services was not on the Agenda.
During Appearances, Carmel resident Jerry Floyd spoke regarding the proposed Fire Protection Services Agreement with the City of Monterey.
Jerry Floyd, Carmel Resident & Retired Captain of the San Jose Fire Department:
“Good Afternoon, Madam Mayor and Council Members and Community, my name is Jerry Floyd. My wife and I live on Casanova Street here in Carmel. We are also members of the Carmel Residents Association. This past year, we were first hand recipients of our wonderful Fire Department’s services when my wife experienced a life threatening medical emergency and received the highest level of care that we could ever ask for by the members of this fire service in this community. We were truly grateful with this service in our time of need.”
“I want to speak to you in favor of the Monterey-Carmel Fire Service contract now under consideration, although it’s not on the agenda. I understand, but this is the only time I could make myself available today. That subject in very near and dear to my heart. I am a retired Captain from the San Jose Fire Department. During my career I was both a staunch supporter and personal participant in numerous and very successful fire service contracts within Santa Clara County. These fire service contracts included many small jurisdictions, similar to Carmel; the Town of Los Gatos, City of Cupertino, City of Saratoga, City of Los Altos, City of Morgan Hill, City of San Jose and numerous fire service districts surrounding these communities have been very successful and these contracts have been in place since the 1970s. This is not a new concept In addition, there are probably a dozen other cities in the Bay area where fire service contract agreements have proven to be very successful. Taking it a step further, Los Angeles County Fire has over fifty contract cities under their successful model. In my opinion, history speaks volumes to the success of such contracts and I encourage you to embrace this time tested, well proven, cost effective, and smart government process. With validation of independent consultants who have studied the best practices solution for Carmel Fire, the support of our public safety leadership, the support of our dedicated professional firefighters and the five years of contract experience with Monterey to date, the switch is ready to be flipped and I encourage you to move forward. In my opinion, there is not a better alternative for our community in providing the best possible fire service for our citizens.”
“As a Carmel resident and highly experienced member of the fire service community, I am totally confidence the Monterey–Carmel Fire Service Contract will go above and beyond all expectations and will greatly enhance the emergency delivery system to our community. Hundreds of other communities in California have gone before you and it is now your time to embrace the most effective solution for the citizens of our community. I encourage you to act swiftly and support this agreement Hundreds of other communities in California can’t be all wrong. Thank you for your time.”
(Source: Archived Videos, Regular City Council Meeting, May 5, 2009, 1:43:55 - 1:46:49)
COMMENTS:
• The City of Carmel-by-the-Sea originally announced the Agenda Item on the Carmel Fire Department for a Special City Council Agenda on Thursday, April 30, 2009. Then, the City scheduled it for the 5 May 2009 regular City Council Meeting. The Carmel Professional Firefighters placed a full page advertisement in The Carmel Pine Cone on Friday, April 24, 2009 imploring Carmel residents to attend the meeting and speak in support of the Monterey-Carmel Fire Protection Services Agreement. At the 5 May 2009 City Council Meeting, Mayor Sue McCloud announced that the Agenda Item regarding Fire Services was not on the Agenda.
• The City of Monterey may be wise to cancel its month-to-month Fire Services Contract with the City of Carmel-by-the-Sea as of June 2009 and the Carmel Professional Firefighters may be wise to look for opportunities to join other Fire Departments in cities whose governmental representatives and citizens value the opinions and service of their firefighters.
ADDENDUM:
XI. Orders of Council
B. Scheduling Future City Council meetings – Please Bring Your Calendar
At the end of the meeting, Mayor Sue McCloud announced the date of the continued City Council meeting on the Sale of the Flanders Mansion as Tuesday, May 12, 2009.
Monday, May 04, 2009
One Noteworthy 5 May 2009 City Council Agenda Item
CITY OF CARMEL-BY-THE-SEA
City Council AGENDA
Regular Meeting
Tuesday, May 5, 2009 @ 4:30 P.M.
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
XI. Orders of Council
A. Receive report and provide policy direction regarding contracting fire protection services to the City of Monterey.
Material for XI-A provided under “separate cover,” according to City Clerk Heidi Burch.
(Sources: Agenda, Regular Meeting, Tuesday, May 5, 2009 and AGENDA Packet, Regular Meeting, Tuesday, May 5, 2009)
NOTE:
Special Budget Meeting – 4:30 P.M.
Thursday, May 7, 2009
Council Chambers
City Council AGENDA
Regular Meeting
Tuesday, May 5, 2009 @ 4:30 P.M.
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
XI. Orders of Council
A. Receive report and provide policy direction regarding contracting fire protection services to the City of Monterey.
Material for XI-A provided under “separate cover,” according to City Clerk Heidi Burch.
(Sources: Agenda, Regular Meeting, Tuesday, May 5, 2009 and AGENDA Packet, Regular Meeting, Tuesday, May 5, 2009)
NOTE:
Special Budget Meeting – 4:30 P.M.
Thursday, May 7, 2009
Council Chambers
Sunday, May 03, 2009
$610,248.45 Better Spent on Rehabilitation of the National Register of Historic Places Flanders Mansion & Essential City Services
ABSTRACT: As of the end of April 2009, the City of Carmel-by-the-Sea had expended a minimum of $610,248.45, including consultants’ fees, attorney fees and other costs, excluding city staff costs, on the Sale of the Flanders Mansion Property. Perspective for the $610,248.45 is presented, a COMMENT is made and an ADDENDUM of CITY EXPENDITURES FOR THE SALE OF THE FLANDERS MANSION PROPERTY (as of April 2009) is provided.
As of the end of April 2009, the City of Carmel-by-the-Sea had expended a minimum of $610,248.45, excluding city staff costs, on the Sale of the Flanders Mansion Property. $610,248.45 represents more than the annual 2008-2009 Budget for the...
• Forest, Parks and Beach: $ 499,778
• Capital Outlay Program: $ 450,902
• Facilities Maintenance: $ 449,236
• Information Services/Network Management: $ 224,763
• Community Services: $ 135,362
• Debt Service: $ 566,715
(Source: City of Carmel-by-the-Sea, General Fund Budget Summary - Revenues and Expenditures, FY 2006-07 Thru FY 2010-11)
COMMENT:
• All of the City expenditures for the Sale of the Flanders Mansion Property could have been used for the rehabilitation of the Flanders Mansion and other more important purposes benefiting Carmelites had Mayor Sue McCloud demonstrated good faith leadership by meeting with representatives of the Flanders Foundation at anytime since April 2000 for the purpose of determining and implementing a low intensity and compatible with the existing neighborhood use for the Flanders Mansion. Ergo, it is long past time for the City to do the right thing and have City representatives meet as soon as possible with representatives of the Flanders Foundation to resolve this matter without further litigation.
ADDENDUM:
CITY EXPENDITURES FOR THE SALE OF THE FLANDERS MANSION PROPERTY (as of April 2009):
Legal & Associated Expenditures:
Joel Franklin: $99,006.88
Susan Brandt-Hawley: $160,000.00
William B. Conners: $84,228.00
Subtotal: $343,234.88
Gianna Rocha (Transcription Services): $8,190.00
Mark Askew (Flanders Mansion Appraisal): $1,500.00
Subtotal: $9,690.00
Total Subtotal: $352,924.88
Environmental Impact Report (EIR) Expenditures:
Denise Duffy & Associates, Inc.: $102,689.34 (DEIR & FEIR)
Denise Duffy & Associates, Inc.: $67,000.00 (RDEIR; per Resolution August 2008 not to exceed $67,000.00)
Denise Duffy & Associates, Inc.: $ 26,360.61 (RFEIR)
Subtotal: $196,049.95
Economic Analysis Project:
CBRE Consulting, Inc.: $52,483.72 (per Resolution August 2008, not to exceed $40,000.00)
Subtotal: $52,483.72
Site Evaluation & Construction Cost Estimates:
Architectural Resources Group (ARG): $8,540.00 (per Resolution September 2008, not to exceed $11,500.00)
Subtotal: $8,540.00
Meeting Notice:
Carmel Pine Cone: $249.90 (Flanders EIR Meeting Notice, 4/14/09)
GRAND TOTAL: $610,248.45
(Source: City of Carmel-by-the-Sea Check Registers)
As of the end of April 2009, the City of Carmel-by-the-Sea had expended a minimum of $610,248.45, excluding city staff costs, on the Sale of the Flanders Mansion Property. $610,248.45 represents more than the annual 2008-2009 Budget for the...
• Forest, Parks and Beach: $ 499,778
• Capital Outlay Program: $ 450,902
• Facilities Maintenance: $ 449,236
• Information Services/Network Management: $ 224,763
• Community Services: $ 135,362
• Debt Service: $ 566,715
(Source: City of Carmel-by-the-Sea, General Fund Budget Summary - Revenues and Expenditures, FY 2006-07 Thru FY 2010-11)
COMMENT:
• All of the City expenditures for the Sale of the Flanders Mansion Property could have been used for the rehabilitation of the Flanders Mansion and other more important purposes benefiting Carmelites had Mayor Sue McCloud demonstrated good faith leadership by meeting with representatives of the Flanders Foundation at anytime since April 2000 for the purpose of determining and implementing a low intensity and compatible with the existing neighborhood use for the Flanders Mansion. Ergo, it is long past time for the City to do the right thing and have City representatives meet as soon as possible with representatives of the Flanders Foundation to resolve this matter without further litigation.
ADDENDUM:
CITY EXPENDITURES FOR THE SALE OF THE FLANDERS MANSION PROPERTY (as of April 2009):
Legal & Associated Expenditures:
Joel Franklin: $99,006.88
Susan Brandt-Hawley: $160,000.00
William B. Conners: $84,228.00
Subtotal: $343,234.88
Gianna Rocha (Transcription Services): $8,190.00
Mark Askew (Flanders Mansion Appraisal): $1,500.00
Subtotal: $9,690.00
Total Subtotal: $352,924.88
Environmental Impact Report (EIR) Expenditures:
Denise Duffy & Associates, Inc.: $102,689.34 (DEIR & FEIR)
Denise Duffy & Associates, Inc.: $67,000.00 (RDEIR; per Resolution August 2008 not to exceed $67,000.00)
Denise Duffy & Associates, Inc.: $ 26,360.61 (RFEIR)
Subtotal: $196,049.95
Economic Analysis Project:
CBRE Consulting, Inc.: $52,483.72 (per Resolution August 2008, not to exceed $40,000.00)
Subtotal: $52,483.72
Site Evaluation & Construction Cost Estimates:
Architectural Resources Group (ARG): $8,540.00 (per Resolution September 2008, not to exceed $11,500.00)
Subtotal: $8,540.00
Meeting Notice:
Carmel Pine Cone: $249.90 (Flanders EIR Meeting Notice, 4/14/09)
GRAND TOTAL: $610,248.45
(Source: City of Carmel-by-the-Sea Check Registers)
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