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.