ABSTRACT: Three noteworthy 1 September 2009 City Council Agenda Items, namely, Receive City’s Fourth Quarter 2008-09 financial report, Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000 and Consideration of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach are presented. Selected excerpts from Agenda Items Summaries, Staff Reports and letters are presented for Agenda Items. A COMMENT is made on a selected Agenda Item.
AMENDED AGENDA
Regular Meeting
Tuesday, September 1, 2009
4:30 p.m., Open Session
Live and archived video streaming available
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
V. Announcements from Closed Session, from City Council Members and
the City Administrator.
5. Receive City’s Fourth Quarter 2008-09 financial report.
Summary of Financial Results-Twelve Months Ended June 30, 2009
The General Fund financial results for FY 208/09 show a deficit of $(498,562) as compared to an expected deficit of $(346,841). The budgeted deficit was due to the approval by the City Council to transfer the previous year’s surplus of $346,841 from the General Fund to the Capital Project Reserve.
Revenues suffered as the result of the slow economy. However, revenue losses were partially offset by positive budget variances in operating expenditures and Capital Budget expenditures. The financial results as presented are unaudited and therefore may change after the annual audit is complete.
The City’s total General Fund revenues for the twelve months ended June 30, 2009 totaled $13,504,153 as compared to the annual budget of $13,959,340. In total for the fiscal year, revenues were below budget by $455,187.
Revenues: Top 3 (Jul 2009-Jun 2009)
Property Tax:
$4,058,576 (Actual)
$3,892,000 (Budget)
$166,576 (Budget Variance Favorable/(Unfavorable))
Transient Occupancy Tax:
$3,787,083 (Actual)
$4,261,640 (Budget)
(474,557) (Budget Variance Favorable/(Unfavorable)
Sales Tax:
$2,066,709 (Actual)
$2,164,000 (Budget)
$(98,291) (Budget Variance Favorable/(Unfavorable)
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.
E. Consideration of a Resolution entering into a contract with William Camille for construction phasing and cost planning services for the Forest Theater in an amount not to exceed $15,000.
Description: Richard McCann has completed the Schematic Design for the Forest Theater Renovation Project. Submitted with the Schematic Design was a phasing scheme including cost estimates that focused more on functionality as they relate to the user groups and the audience. The McCann estimates were exclusively for construction work and did not include soft costs and non-construction costs.
At the request of staff, William Camille submitted a bid to review the proposed Forest Theater Renovation from a project management perspective. Mr. Camille has extensive experience in managing construction projects. His recommendation is to retain Mack5 to help analyze the project construction phasing costs. Their combined review will provide the City with a project scope that emphasizes compliance with the Americans with Disabilities Act (ADA) and construction of new restroom facilities.
Overall Cost:
City Funds: $15,000
Staff Recommendation: Approve the Resolution.
Important Considerations: It is important to understand the implications of phasing the Renovation Project. A carefully conceived phasing plan is imperative in the financial planning of the proposed Renovation Project.
Decision Record: The City Council held a workshop at the Forest Theater and has reviewed the progress of the Renovation Project at several Council meetings.
Letter to City from William J. Camille, Project Management Consultant
Dated: July 3, 2009
Re: Forest Theater Renovation
Construction phasing and cost planning proposal
“In conjunction with Mark Kelly of MACK5, who will provide cost estimating support, we propose to offer an alternative constructible phasing plan that will prioritize completion of the City’s primary concerns of ADA compliance and new restroom facilities. The scope of work to be included in the phases will be tailored to budget limitations to be defined by the City. MACK5 will provide cost estimates for each of the defined phases and for the project in total. The cost estimates will include soft costs as well as construction costs. Soft costs will be included in the Cost Model Manager referenced in the encloses MACK% proposal. Out proposal anticipates a preliminary review of our findings with the City, a final report, and presentation to City Council.”
Letter to William J/ Camille from Mark Kelly, LEED AP, of MACK5
Dated: July 22, 2009
Background
The City of Carmel wished to renovate the existing outdoor Forest Theater. Given the current economic and market conditions the City has opted to pursue a three-phase improvement plan that would maximize the return on City funds.
Objectives of the Assignment
Provide detailed cost estimates for each phase of construction at the Schematic Design phase. The estimates will be based on drawings and specifications produced by RF McCann & Company.
SCHEMATIC DESIGN
Construction Cost Estimate (3 phases) $4,500
Cost Model Manager (3 phases) $5,500
TOTAL: $10,000
Timing We require three weeks from your notice to proceed and receipt of the documents to visit the site and complete the cost plans.
COMMENT:
• Mayor Sue McCloud led the public to believe that construction on the Forest Theatre renovation would begin in April 2009. When the Resolution was unanimously approved by the City Council in December 2008 for the completion of the Schematic Design by theatre architect Richard McCann, “in an amount of $131,000,” the estimated completion date was March 2009; the City is leading us to believe the Schematic Design was recently completed in August 2009. Now, at this City Council meeting, there is a Resolution to contract with William Camille for “construction phasing and cost planning services” in an amount not to exceed $15,000. Only a poorly managed city would have such delays, inefficiencies and lack of communications from city officials. Conversely, a well managed city, a competent City Administrator/Manager would be able to perform the aforementioned tasks in consultation with the theatre architect.
X. Resolutions
B. Consideration of a Resolution amending the Del Mar Master Plan to include a pedestrian pathway along the west side of San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate and a beach access staircase at the north end of the beach.
Description: The Del Mar Master Plan encompasses the Del Mar parking lot, located at the foot of Ocean Avenue, the Del Mar Dunes, located between the parking lot and 8th Avenue, and the North Dunes, which encompasses the area north of the parking lot to the City line.
The proposed amendments will create a pedestrian path from the Pebble Beach Gate to Ocean Avenue along San Antonio Avenue. A staircase also is proposed near the north end of the beach bluff to provide direct beach access.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Goal 4-2 of the General Plan encourages the City to develop a master plan for the Del Mar and North Dunes area. The proposed amendments will improve pedestrian access to and along the Master Plan area and will improve pedestrian safety along San Antonio Avenue.
Decision Record: The Forest and Beach Commission recommended adoption of the plan on 4 September 2008 and the Planning Commission recommended adoption of the Plan on 20 May 2009. The City Council adopted the Plan on 2 June 2009.
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
FROM: SEAN CONROY, PLNG & BLDG SERVICES MNGR
DATE: 1 SEPTEMBER 2009
BACKGROUND & PROJECT DESCRIPTION
The City Council approved the Del Mar Master Plan on 2 June 2009. The Plan addresses improvements to the Del Mar parking area, dune restoration efforts, and access improvements in the Del Mar and North Dunes.
The City has had discussions recently with the Pebble Beach Company about installing a pedestrian path along the west side of San Antonio Avenue from the Pebble Beach Gate to Ocean Avenue. The proposed amendments also include reconstructing and improving an old staircase from the beach bluff to the beach at the northern end of the beach along with additional polices and objectives from the General Plan related to access, dune restoration and drainage. The plan does not address any path improvements along the Del Mar Dunes.
EVALUATION
Access: A principal objective of both the California Coastal Act and the Del Mar Master Plan is providing public access to and along the coast. Pedestrian access along San Antonio Avenue from Ocean Avenue to the Pebble Beach Gate is extremely limited and hazardous. The rights-of-way along the street are narrow, leaving little room for pedestrians. The proposed pathway will significantly improve pedestrian access along this corridor.
Besides improving access along San Antonio Avenue, the pathway will link the newly constructed Fourth Avenue Pathway and the Jane Powers Walkway. These paths now lead to San Antonio Avenue with no safe route to the beach. The proposed pathway will significantly improve pedestrian safety coming from Fourth Avenue and/or the Jane Powers Walkway.
The amended plan proposes to reconstruct and improve a staircase from the beach bluff down to the beach near the northern end of the beach. There was a wood staircase at in this location years ago, but it has not been maintained for some time. The proposed staircase will allow pedestrians to enter the dunes through the existing beach access trail on the north side of the Sand and Sea Development and walk through the dunes and down to the beach at the proposed staircase. These changes are shown in underline on page six of the plan and on figure three at the end of the plan.
The proposed changes will significantly improve the pedestrian experience and provide additional opportunities for public access and recreation.
RECOMMENDATION
Adopt the attached Resolution.
Monday, August 31, 2009
Sunday, August 30, 2009
Random Reportings
ABSTRACT: Random Reportings on Attorney Michael Stamp and former Carmel managers, CARMEL MISMANAGEMENT? Letter by Carmelite Barbara Stiles and Special Tax Measure – Carmel Valley Fire Protection District are presented with COMMENT and NOTES on selected reportings.
• “On the plaintiff side, local attorney Michael Stamp…also represented several former Carmel managers who settled with the city around their terminations under Guillen.”
(Source: Six Degrees of Scandal The Monterey County domino effect, Kera Abraham & Zachary Stahl, Monterey County Weekly, August 27, 2009)
COMMENT: Attorney Michael Stamp is currently representing Carmel-by-the-Sea Human Resources Manager Jane Miller in her lawsuit against the City alleging sex-based and age-based discrimination, retaliation in the workplace and sexual harassment; Stamp represented Scott Miller, Jane Miller’s husband, in his lawsuit for wrongful termination against the City of Pacific Grove; and now we learn he represented “several former Carmel managers.”
• Letters
CARMEL MISMANAGEMENT?
By Barbara Stiles | Carmel
Highlights include, as follows:
“...four years of general fund surplus and reserves of $10.5 million” vs. City’s failure to pay “outstanding bills,” “Carmel’s roads, buildings and parks seriously lacking in repairs and general maintenance” and ”Carmel selling off valuable city assets like parkland, and cultural resources...”
City’s claim it cannot afford to rehabilitate or maintain Flanders Mansion is contradicted by the mayor’s facts.
City expenditures on lawsuits and election represent “an unconscionable waste of taxpayer dollars.”
• Special Tax Measure – Carmel Valley Fire Protection District
Measure F, 86% YES, 15% NO.
COUNTY OF MONTEREY
SPECIAL ALL MAIL ELECTIONS
August 25, 2009
Semi-Final Official Report 1a
Measure F
9/9 100.00%
Vote Count: YES 1,951 (85.53%) NO 330 (14.47%)
Vote Count Total: 2,281 (100.00%)
NOTES:
• Measure F, support for ambulance service by the Carmel Valley Fire Protection District, required two-thirds voter approval for passage.
• Passage of Measure F is anticipated to “bring the total ambulance-supporting fee to about $150 per household, which generates about $600,000 for the service.”
(Source: 9-1-Win Carmel Valley voters solidly back ambulance tax, Kera Abraham, Monterey County Weekly, August 27, 2009)
• The Carmel Valley Fire Protection District and the City of Carmel-by-the-Sea comprise Carmel Regional Fire Ambulance, a joint powers authority which provides ambulance services to Carmel-by-the-Sea and Carmel Valley.
• Consultants for the Carmel Valley Fire Protection District, which has a $1 million budget shortfall, “determined it was subsidizing the city by doing the billing, human resources and vehicle maintenance work for ambulance services," Fire Chief Mike Urquides says.
(Source: Poor Little Rich City Carmel balks on bills from ambulance district, elections department, Kera Abraham, Monterey County Weekly, July 16, 2009)
ADDENDUM:
Special Tax Measure – Carmel Valley Fire Protection District
An all mail ballot election on Tuesday, August 25, 2009 in order to submit a special parcel tax measure before the voters of the District.
The official ballot language of the special tax measure is as follows:
Shall a special property tax increase be approved by voters to fund the continuation of a locally controlled and operated Carmel Valley advanced life support ambulance within the Carmel Valley Fire District. This would amount to $7.50 per service unit per year, averaging an increase of $75 per dwelling, and a corresponding increase in the District’s spending limit, as established by Carmel Valley Fire Protection District Resolution 2009-05.
• “On the plaintiff side, local attorney Michael Stamp…also represented several former Carmel managers who settled with the city around their terminations under Guillen.”
(Source: Six Degrees of Scandal The Monterey County domino effect, Kera Abraham & Zachary Stahl, Monterey County Weekly, August 27, 2009)
COMMENT: Attorney Michael Stamp is currently representing Carmel-by-the-Sea Human Resources Manager Jane Miller in her lawsuit against the City alleging sex-based and age-based discrimination, retaliation in the workplace and sexual harassment; Stamp represented Scott Miller, Jane Miller’s husband, in his lawsuit for wrongful termination against the City of Pacific Grove; and now we learn he represented “several former Carmel managers.”
• Letters
CARMEL MISMANAGEMENT?
By Barbara Stiles | Carmel
Highlights include, as follows:
“...four years of general fund surplus and reserves of $10.5 million” vs. City’s failure to pay “outstanding bills,” “Carmel’s roads, buildings and parks seriously lacking in repairs and general maintenance” and ”Carmel selling off valuable city assets like parkland, and cultural resources...”
City’s claim it cannot afford to rehabilitate or maintain Flanders Mansion is contradicted by the mayor’s facts.
City expenditures on lawsuits and election represent “an unconscionable waste of taxpayer dollars.”
• Special Tax Measure – Carmel Valley Fire Protection District
Measure F, 86% YES, 15% NO.
COUNTY OF MONTEREY
SPECIAL ALL MAIL ELECTIONS
August 25, 2009
Semi-Final Official Report 1a
Measure F
9/9 100.00%
Vote Count: YES 1,951 (85.53%) NO 330 (14.47%)
Vote Count Total: 2,281 (100.00%)
NOTES:
• Measure F, support for ambulance service by the Carmel Valley Fire Protection District, required two-thirds voter approval for passage.
• Passage of Measure F is anticipated to “bring the total ambulance-supporting fee to about $150 per household, which generates about $600,000 for the service.”
(Source: 9-1-Win Carmel Valley voters solidly back ambulance tax, Kera Abraham, Monterey County Weekly, August 27, 2009)
• The Carmel Valley Fire Protection District and the City of Carmel-by-the-Sea comprise Carmel Regional Fire Ambulance, a joint powers authority which provides ambulance services to Carmel-by-the-Sea and Carmel Valley.
• Consultants for the Carmel Valley Fire Protection District, which has a $1 million budget shortfall, “determined it was subsidizing the city by doing the billing, human resources and vehicle maintenance work for ambulance services," Fire Chief Mike Urquides says.
(Source: Poor Little Rich City Carmel balks on bills from ambulance district, elections department, Kera Abraham, Monterey County Weekly, July 16, 2009)
ADDENDUM:
Special Tax Measure – Carmel Valley Fire Protection District
An all mail ballot election on Tuesday, August 25, 2009 in order to submit a special parcel tax measure before the voters of the District.
The official ballot language of the special tax measure is as follows:
Shall a special property tax increase be approved by voters to fund the continuation of a locally controlled and operated Carmel Valley advanced life support ambulance within the Carmel Valley Fire District. This would amount to $7.50 per service unit per year, averaging an increase of $75 per dwelling, and a corresponding increase in the District’s spending limit, as established by Carmel Valley Fire Protection District Resolution 2009-05.
Saturday, August 29, 2009
SAY WHAT?
ABSTRACT: SAY WHAT? comments by Mayor Sue McCloud, a long-time employee and reporter Kera Abraham from The Monterey County Weekly article entitled, “Silent Scandal - Discreet is the word for accused city administrator,” by Kera Abraham, are reproduced and COMMENTS are presented.
“I understand your point of view, but a person is innocent until proven guilty,’’ she told the Weekly recently, explaining her steadfast refusal to comment on the subject. “Perhaps the line of inquiry should be directed to the person who leveled the charges. We hope this will be all buttoned up – I shouldn’t say buttoned – in the not-too-distant future.” (Carmel-by-the-Sea Mayor Sue McCloud)
COMMENTS:
• Actually, a worthy public official would understand that when the public trust is at stake, it is not a matter of innocent until proven guilty. Innocent until proven guilty is the criminal standard, the preponderance of evidence is the civil standard, but in politics and government any breach of public trust is the standard.
• “The person who leveled the charges” has a name; her name is Jane Miller, the Human Resources Manager for the City of Carmel-by-the-Sea. Instead of distracting attention away from herself and onto “the person,” Mayor Sue McCloud should answer questions asked of her by reporters.
• Mayor Sue McCloud hopes the litigation involving former Human Resources Manager Jane Miller will be “buttoned up” or “not buttoned” in the not-to-distant future. Suffice it to say that a deserving public servant should be more concerned with an investigation into credible allegations of sexual harassment, employment discrimination and retaliation in the workplace at City Hall and accountability to the public and less concerned with the matter being closed ASAP.
Another long-time employee said the female staffers in Guillen’s office are known as “Rich’s bitches.”
“It was a harem-like atmosphere,” said the source, who asked not to be identified. “The working atmosphere in the city is stressful and demoralizing. People are afraid for their jobs.”
COMMENT:
• Recall Mayor Sue McCloud personally selected Rich Guillen to be City Administrator for the City without the benefit of a search for qualified applicants. Moreover, it is inconceivable that Mayor Sue McCloud did not know of the aforementioned atmosphere at City Hall over all these years and did nothing to ameliorate the situation, and possibly even encouraged it.
Mayor McCloud seems to keep such a tight grip on the city that it’s hard to imagine any repercussions coming to Guillen, her right-hand man, unless they’re court-ordered. In that case, she may have some explaining to do, too.
COMMENT:
• “A ‘tight grip’ on the city:” Translation: Mayor Sue McCloud might as well be considered the City Administrator herself as Rich Guillen takes all policy direction from Mayor Sue McCloud.
(Source: Silent Scandal - Discreet is the word for accused city administrator, Kera Abraham, The Monterey County Weekly, August 27, 2009)
“I understand your point of view, but a person is innocent until proven guilty,’’ she told the Weekly recently, explaining her steadfast refusal to comment on the subject. “Perhaps the line of inquiry should be directed to the person who leveled the charges. We hope this will be all buttoned up – I shouldn’t say buttoned – in the not-too-distant future.” (Carmel-by-the-Sea Mayor Sue McCloud)
COMMENTS:
• Actually, a worthy public official would understand that when the public trust is at stake, it is not a matter of innocent until proven guilty. Innocent until proven guilty is the criminal standard, the preponderance of evidence is the civil standard, but in politics and government any breach of public trust is the standard.
• “The person who leveled the charges” has a name; her name is Jane Miller, the Human Resources Manager for the City of Carmel-by-the-Sea. Instead of distracting attention away from herself and onto “the person,” Mayor Sue McCloud should answer questions asked of her by reporters.
• Mayor Sue McCloud hopes the litigation involving former Human Resources Manager Jane Miller will be “buttoned up” or “not buttoned” in the not-to-distant future. Suffice it to say that a deserving public servant should be more concerned with an investigation into credible allegations of sexual harassment, employment discrimination and retaliation in the workplace at City Hall and accountability to the public and less concerned with the matter being closed ASAP.
Another long-time employee said the female staffers in Guillen’s office are known as “Rich’s bitches.”
“It was a harem-like atmosphere,” said the source, who asked not to be identified. “The working atmosphere in the city is stressful and demoralizing. People are afraid for their jobs.”
COMMENT:
• Recall Mayor Sue McCloud personally selected Rich Guillen to be City Administrator for the City without the benefit of a search for qualified applicants. Moreover, it is inconceivable that Mayor Sue McCloud did not know of the aforementioned atmosphere at City Hall over all these years and did nothing to ameliorate the situation, and possibly even encouraged it.
Mayor McCloud seems to keep such a tight grip on the city that it’s hard to imagine any repercussions coming to Guillen, her right-hand man, unless they’re court-ordered. In that case, she may have some explaining to do, too.
COMMENT:
• “A ‘tight grip’ on the city:” Translation: Mayor Sue McCloud might as well be considered the City Administrator herself as Rich Guillen takes all policy direction from Mayor Sue McCloud.
(Source: Silent Scandal - Discreet is the word for accused city administrator, Kera Abraham, The Monterey County Weekly, August 27, 2009)
Friday, August 28, 2009
Carmel Art Association Hosts ANNUAL SUMMER CELEBRATION BBQ & LIVE AUCTION
WHO: Carmel Art Association
WHAT: Carmel Art Association's 82nd Birthday Celebration BBQ, Silent Auction & Live Auction
BBQ: Tri-tip, Sandwiches, Hot Dogs, Birthday Cake and Refreshments
Food Tickets available $5.00/each
Live Remote with KIDD radio personalities Kevin Kahl and Mike Cleary; also featuring music performed by Jalisco Harpist William Faulkner, and Paige Robertson, Auctioneer.
Silent Auction & Live Auction:
Artworks with 10 bids go to Live Auction
Donating Artists:
Apodaca, Johnny
Auvil, Eleen
Beach, Mary FitzGerald
Bellmer, Jeanne
Bhaskar, Norma Zeigle
Bradford, Cyndra
Bullas, Will
Burr, Mary
Carlson, Ray
Carvell, Fred
Catbagan, Eileen
Crispo, Dick
Crozier, Christine
Davidson, Laurent
Dominguez, Miguel A.
Downs, Douglas
Farina, Mark
Farrington, Reed
Hewitt, Robert Reynolds
Hybl, Heidi
Jelmini, Peggy
Johnson, Andrea
Johnson, Barbara
Jordan, Susan
Laney, Francyne
Lindberg, Keith
Martin, Gerard
McWilliams, John
Megert, Van
Meheen, Alicia
Nordmann, Joseph
Northrop, Wilda
Olsen, Peggy
Parker, Carol
Pickford, Rollin
Plamondon, Peter
Reeves, Gail
Reith, Susan
Sloan, Timothy
Smith, Jeff Daniel
Stone, Jr., William F.
Takigawa, Pamela
Tanous, Joe
Tette, Richard
Wagstaff, Jan
Wasserman, Gerald
Whitlock, David
Williams, Andy
Winfield, Rodney
Wolcott, Diane
Yadon, Vern
WHEN: Saturday, August 29, 12:00 Noon – 3:00 P.M. (BBQ) & 2:30 P.M. (Live Auction)
WHERE: Carmel Art Association
W/s Dolores St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.
WHY: Annual Special Event Silent Auction is a Fundraiser for the Carmel Art Association
FOR MORE INFORMATION:
Call (831) 624-6176
WHAT: Carmel Art Association's 82nd Birthday Celebration BBQ, Silent Auction & Live Auction
BBQ: Tri-tip, Sandwiches, Hot Dogs, Birthday Cake and Refreshments
Food Tickets available $5.00/each
Live Remote with KIDD radio personalities Kevin Kahl and Mike Cleary; also featuring music performed by Jalisco Harpist William Faulkner, and Paige Robertson, Auctioneer.
Silent Auction & Live Auction:
Artworks with 10 bids go to Live Auction
Donating Artists:
Apodaca, Johnny
Auvil, Eleen
Beach, Mary FitzGerald
Bellmer, Jeanne
Bhaskar, Norma Zeigle
Bradford, Cyndra
Bullas, Will
Burr, Mary
Carlson, Ray
Carvell, Fred
Catbagan, Eileen
Crispo, Dick
Crozier, Christine
Davidson, Laurent
Dominguez, Miguel A.
Downs, Douglas
Farina, Mark
Farrington, Reed
Hewitt, Robert Reynolds
Hybl, Heidi
Jelmini, Peggy
Johnson, Andrea
Johnson, Barbara
Jordan, Susan
Laney, Francyne
Lindberg, Keith
Martin, Gerard
McWilliams, John
Megert, Van
Meheen, Alicia
Nordmann, Joseph
Northrop, Wilda
Olsen, Peggy
Parker, Carol
Pickford, Rollin
Plamondon, Peter
Reeves, Gail
Reith, Susan
Sloan, Timothy
Smith, Jeff Daniel
Stone, Jr., William F.
Takigawa, Pamela
Tanous, Joe
Tette, Richard
Wagstaff, Jan
Wasserman, Gerald
Whitlock, David
Williams, Andy
Winfield, Rodney
Wolcott, Diane
Yadon, Vern
WHEN: Saturday, August 29, 12:00 Noon – 3:00 P.M. (BBQ) & 2:30 P.M. (Live Auction)
WHERE: Carmel Art Association
W/s Dolores St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.
WHY: Annual Special Event Silent Auction is a Fundraiser for the Carmel Art Association
FOR MORE INFORMATION:
Call (831) 624-6176
A Word about this Blog
The Carmel-by-the-Sea WATCHDOG! is a freedom of speech zone. This Blog encourages, accepts and publishes all points of view. This Blog does not engage in censorship.
That some Carmelites have labeled this Blog too “controversial,” and therefore do not read it and/or comment indicates a failure to appreciate the original intent of this Blog; and that is, to provide a forum for the expression of ideas and opinions for the purpose of making our city government open, transparent and accountable.
The Bottom Line: That some Carmelites have chosen to continue to accommodate to corrupt power, rather than confront unethical and alleged illegal conduct by our elected officials and city employees, signals an unwillingness to stand for open, transparent and accountable city government.
That some Carmelites have labeled this Blog too “controversial,” and therefore do not read it and/or comment indicates a failure to appreciate the original intent of this Blog; and that is, to provide a forum for the expression of ideas and opinions for the purpose of making our city government open, transparent and accountable.
The Bottom Line: That some Carmelites have chosen to continue to accommodate to corrupt power, rather than confront unethical and alleged illegal conduct by our elected officials and city employees, signals an unwillingness to stand for open, transparent and accountable city government.
Thursday, August 27, 2009
UPDATE I: Flanders Mansion Property: SALIENT POINTS AGAINST & FOR THE SALE OF THE FLANDERS MANSION PROPERTY
ABSTRACT: On the 3 November 2009 General Election Ballot, there will appear the following question: “Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved.” A Summary of the SALIENT POINTS AGAINST THE SALE OF THE FLANDERS MANSION PROPERTY and SALIENT POINTS FOR THE SALE OF THE FLANDERS MANSION PROPERTY gleaned from Letters to the Editor and Editorial Commentary between March 13, 2009 and August 26, 2009 are compiled and presented.
SALIENT POINTS AGAINST THE SALE OF THE FLANDERS MANSION PROPERTY:
• The City, since Sue McCloud was elected mayor, has “failed to look at lease options that keep the park public and achieve restoration.” (08/23/2009)
• The City, since Sue McCloud was elected mayor, has not “explored any viable uses” for the Flanders Mansion Property; five task forces “looked for uses” “11 to 30 years ago.” (08/23/2009)
• “Once parkland is sold, it is gone forever.” (07/13/2009)
• City has rejected offers to “lease and refurbish” Flanders Mansion from “numerous individuals and organizations” and City has failed to “avail itself of public or private grants.” (07/13/2009)
• City does not lack money to maintain or rehabilitate Flanders Mansion; City reserves $10 million, FY 2008/09 budget “$1.2 million in the black.” (07/13/2009)
• “No reason to sell” Flanders Mansion Property, a 1.25 acre parcel in the “heart of the park.” (7/13/2009)
• Encourages “all of good faith to join the committee to preserve and enhance Flanders Mansion, instead of selling it to a rich party-developer for personal gain.” (6/24/2009)
• Senses “some ulterior motive for the city not putting energy and foresight into Flanders.” (6/24/2009)
• Flanders Mansion a “jewel in the crown of Carmel;” it “could be as well-known and visited as the Carmel Beach and Ocean Avenue." (6/24/2009)
• “Win-win proposition” of a resident curatorship; City leases Flanders Mansion Property to an individual for life and upon death property reverts to the City. Resident curator restores Flanders Mansion at his/her expense and allows public access to Flanders Mansion Property at specified times. (5/8/2009)
• “...once Flanders is gone, it is gone forever.” (4/16/2009)
• Flanders Mansion is “a beautiful mansion situated in spectacular park setting.” (4/16/2009)
• Urges city government representatives and Carmelites in favor of selling the Flanders Mansion Property to meet with Carmelites opposed to selling the Flanders Mansion Property and “work out a solution that keeps this priceless property in the community’s hands.” (4/16/2009)
• Comparison made between what Flanders Mansion and Mission Trail Nature Preserve could be and Villa Montalvo, Gamble House, Filoli, Steinbeck House and La Mirada. (3/13/2009)
• City cites reason to sell Flanders Mansion Property based on need of “significant” repairs, yet the City had failed to apply for grants and meet with local groups during the last 10 years. (3/13/2009)
• Sale of parkland in the “heart of the park” “will damage the park irrevocably." (3/13/2009)
REFERENCES:
The Monterey County Herald, 08/23/2009 (Flanders options ignored, Shirley Humann, Carmel)
The Monterey County Herald, 07/13/2009 (No reason to sell Flanders Mansion, Brie Tripp, Carmel)
The Monterey County Herald, 06/24/2009 (Invest in Flanders Mansion, JoAnn Vincent, Carmel)
The Carmel Pine Cone May 8, 2009 (‘Resident curatorship,’ Virginia Connelly, Carmel) 26A
The Monterey County Herald, 04/16/2009 (Flanders priceless property, Richard Stiles, Carmel)
The Carmel Pine Cone March 13, 2009 (‘Enrich our lives,’ Shirley Humann, Carmel) 26A
SALIENT POINTS FOR THE SALE OF THE FLANDERS MANSION PROPERTY:
• States that the “Carmel City Council and the previous mayor voted to sell the Flanders Mansion property in December 1999.” (08/26/2009)
• “Selling 2 percent leaves 98 percent total parkland for Carmel.” (August 14, 2009)
• Claims using Flanders Mansion “as a quasi-public institution would disrupt the tranquility of the area, with traffic and service vehicles, and even unsettling to flora and fauna.” (August 14, 2009)
• Claims the Flanders Mansion is “unsuitable” for any “worthy public use” “due to its location in a quiet, residential neighborhood.” (7/03/2009)
• Wants “objectors” to purchase Flanders Mansion Property and pay for restoration rather that waste “taxpayers money with legal obstructions.” (5/08/2009)
• Claims, if polled, neighbors want private residence “compatible with the area.” (5/08/2009)
• Claims “no public use that’s suitable” for the Flanders Mansion; cites committee proposal for use as a culinary academy voted down by City Council under Mayor Ken White. (3/27/2009)
REFERENCES:
The Monterey County Herald, 08/26/2009 (Flanders options to be studied, Sue McCloud, Mayor of Carmel)
The Carmel Pine Cone August 14, 2009 (Flanders ‘myth,’ Marikay Morris, Carmel) 26A
The Carmel Pine Cone July 3, 2009 (Editorial: The power of one)
The Carmel Pine Cone May 8, 2009 (‘Get rid of Flanders now,’ P. S. Chase, Carmel) 26A
Carmel Pine Cone March 27, 2009 (‘Here we go again,’ Rita Holloway, Carmel Valley) 22A
SALIENT POINTS AGAINST THE SALE OF THE FLANDERS MANSION PROPERTY:
• The City, since Sue McCloud was elected mayor, has “failed to look at lease options that keep the park public and achieve restoration.” (08/23/2009)
• The City, since Sue McCloud was elected mayor, has not “explored any viable uses” for the Flanders Mansion Property; five task forces “looked for uses” “11 to 30 years ago.” (08/23/2009)
• “Once parkland is sold, it is gone forever.” (07/13/2009)
• City has rejected offers to “lease and refurbish” Flanders Mansion from “numerous individuals and organizations” and City has failed to “avail itself of public or private grants.” (07/13/2009)
• City does not lack money to maintain or rehabilitate Flanders Mansion; City reserves $10 million, FY 2008/09 budget “$1.2 million in the black.” (07/13/2009)
• “No reason to sell” Flanders Mansion Property, a 1.25 acre parcel in the “heart of the park.” (7/13/2009)
• Encourages “all of good faith to join the committee to preserve and enhance Flanders Mansion, instead of selling it to a rich party-developer for personal gain.” (6/24/2009)
• Senses “some ulterior motive for the city not putting energy and foresight into Flanders.” (6/24/2009)
• Flanders Mansion a “jewel in the crown of Carmel;” it “could be as well-known and visited as the Carmel Beach and Ocean Avenue." (6/24/2009)
• “Win-win proposition” of a resident curatorship; City leases Flanders Mansion Property to an individual for life and upon death property reverts to the City. Resident curator restores Flanders Mansion at his/her expense and allows public access to Flanders Mansion Property at specified times. (5/8/2009)
• “...once Flanders is gone, it is gone forever.” (4/16/2009)
• Flanders Mansion is “a beautiful mansion situated in spectacular park setting.” (4/16/2009)
• Urges city government representatives and Carmelites in favor of selling the Flanders Mansion Property to meet with Carmelites opposed to selling the Flanders Mansion Property and “work out a solution that keeps this priceless property in the community’s hands.” (4/16/2009)
• Comparison made between what Flanders Mansion and Mission Trail Nature Preserve could be and Villa Montalvo, Gamble House, Filoli, Steinbeck House and La Mirada. (3/13/2009)
• City cites reason to sell Flanders Mansion Property based on need of “significant” repairs, yet the City had failed to apply for grants and meet with local groups during the last 10 years. (3/13/2009)
• Sale of parkland in the “heart of the park” “will damage the park irrevocably." (3/13/2009)
REFERENCES:
The Monterey County Herald, 08/23/2009 (Flanders options ignored, Shirley Humann, Carmel)
The Monterey County Herald, 07/13/2009 (No reason to sell Flanders Mansion, Brie Tripp, Carmel)
The Monterey County Herald, 06/24/2009 (Invest in Flanders Mansion, JoAnn Vincent, Carmel)
The Carmel Pine Cone May 8, 2009 (‘Resident curatorship,’ Virginia Connelly, Carmel) 26A
The Monterey County Herald, 04/16/2009 (Flanders priceless property, Richard Stiles, Carmel)
The Carmel Pine Cone March 13, 2009 (‘Enrich our lives,’ Shirley Humann, Carmel) 26A
SALIENT POINTS FOR THE SALE OF THE FLANDERS MANSION PROPERTY:
• States that the “Carmel City Council and the previous mayor voted to sell the Flanders Mansion property in December 1999.” (08/26/2009)
• “Selling 2 percent leaves 98 percent total parkland for Carmel.” (August 14, 2009)
• Claims using Flanders Mansion “as a quasi-public institution would disrupt the tranquility of the area, with traffic and service vehicles, and even unsettling to flora and fauna.” (August 14, 2009)
• Claims the Flanders Mansion is “unsuitable” for any “worthy public use” “due to its location in a quiet, residential neighborhood.” (7/03/2009)
• Wants “objectors” to purchase Flanders Mansion Property and pay for restoration rather that waste “taxpayers money with legal obstructions.” (5/08/2009)
• Claims, if polled, neighbors want private residence “compatible with the area.” (5/08/2009)
• Claims “no public use that’s suitable” for the Flanders Mansion; cites committee proposal for use as a culinary academy voted down by City Council under Mayor Ken White. (3/27/2009)
REFERENCES:
The Monterey County Herald, 08/26/2009 (Flanders options to be studied, Sue McCloud, Mayor of Carmel)
The Carmel Pine Cone August 14, 2009 (Flanders ‘myth,’ Marikay Morris, Carmel) 26A
The Carmel Pine Cone July 3, 2009 (Editorial: The power of one)
The Carmel Pine Cone May 8, 2009 (‘Get rid of Flanders now,’ P. S. Chase, Carmel) 26A
Carmel Pine Cone March 27, 2009 (‘Here we go again,’ Rita Holloway, Carmel Valley) 22A
Wednesday, August 26, 2009
Artist/Art Historian Dick Crispo Presents SLIDESHOW & LECTURE into "eclectic spectrum of artists, methods and styles"
WHO: Artist and Art Historian Dick Crispo
WHAT: Slideshow and Lecture into an “eclectic spectrum of artists, methods and styles.”
WHEN: Wednesday, August 26, 2009 @ 7:00 P.M.
WHERE: Carmel Art Association
W/s Dolores St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.
NOTE: Free, no Reservations necessary
WHAT: Slideshow and Lecture into an “eclectic spectrum of artists, methods and styles.”
WHEN: Wednesday, August 26, 2009 @ 7:00 P.M.
WHERE: Carmel Art Association
W/s Dolores St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.
NOTE: Free, no Reservations necessary
Thursday, August 20, 2009
Missive to Carmel-by-the-Sea Voters on the Flanders Mansion Property
On the 3 November 2009 General Election Ballot, there will appear a Ballot Measure to approve or disapprove discontinuance and abandonment of, and authorization to sell, the Flanders Mansion Property Public Parkland; specifically, the Question on the Ballot will read, as follows:
Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?
Substantive reasons for Carmel-by-the-Sea voters to vote “No” include, as follows:
• Creation of an inholding within Mission Trail Nature Preserve thereby destroying the physical integrity of the City’s only Preserve Park and the removal of the focal point which makes Mission Trail Nature Preserve unique and differentiates Mission Trail Nature Preserve from all other parks in Carmel-by-the-Sea and elsewhere.
• Permanent transfer of ownership of a National Register of Historic Places resource from the public to a private owner thereby precluding any future public use of the Flanders Mansion.
• Reward a mayor and city council for their abysmal stewardship of the Flanders Mansion Property and for their failure to acknowledge correspondence and meet with the Flanders Foundation with the aim of determining a public use for the Flanders Mansion.
Undecided Carmel-by-the-Sea voters and voters inclined to vote “Yes” would be wise to ask and answer the following questions prior to voting on this Ballot Measure:
• In its news articles and editorial commentaries, has The Carmel Pine Cone informed Carmelites of the objective facts for the purpose of empowering voters to make the wisest decision or has The Carmel Pine Cone attempted to manipulate public opinion in support of Mayor Sue McCloud’s personal agenda of selling the Flanders Mansion with unscientific polls and misleading propaganda from the City, ex., past city councils have intended to sell the Flanders Mansion?
• Is the sale of the Flanders Mansion Property less about the sale of a public asset and more about Mayor Sue McCloud’s personal antipathy towards Flanders Foundation President Melanie Billig?
• Has Mayor Sue McCloud represented primarily the interests of her constituents, the owners of the Flanders Mansion, or the interests of the Hatton Fields neighbors, who have been given veto power over any reasonable use of the Flanders Mansion Property?
• Since the Carmel Heritage Society manages the city-owned First Murphy House and Sunset Cultural Center, Inc. manages the city-owned Sunset Center for the benefit of the public, why doesn’t the City have the Flanders Foundation, the sole nonprofit with the mission “To preserve, enhance, and maintain the Flanders Mansion property as an historical, cultural, and educational resource for the benefit of residents and visitors to Carmel-by-the-Sea,” manage the Flanders Mansion for the benefit of the public, particularly park users?
In closing, we, as Carmelites, and our elected city government representatives, will be judged by future generations of Carmelites according to how responsible we were in managing this unique, historic public asset entrusted to our care. To wit, only by voting to maintain the Flanders Mansion as a public asset, voting “No,” and demanding a commitment by the City Council to the upkeep and maintenance of the Flanders Mansion and to determine and implement a viable public use for the Flanders Mansion, can we hope to be judged as good stewards of the Flanders Mansion Property.
Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?
Substantive reasons for Carmel-by-the-Sea voters to vote “No” include, as follows:
• Creation of an inholding within Mission Trail Nature Preserve thereby destroying the physical integrity of the City’s only Preserve Park and the removal of the focal point which makes Mission Trail Nature Preserve unique and differentiates Mission Trail Nature Preserve from all other parks in Carmel-by-the-Sea and elsewhere.
• Permanent transfer of ownership of a National Register of Historic Places resource from the public to a private owner thereby precluding any future public use of the Flanders Mansion.
• Reward a mayor and city council for their abysmal stewardship of the Flanders Mansion Property and for their failure to acknowledge correspondence and meet with the Flanders Foundation with the aim of determining a public use for the Flanders Mansion.
Undecided Carmel-by-the-Sea voters and voters inclined to vote “Yes” would be wise to ask and answer the following questions prior to voting on this Ballot Measure:
• In its news articles and editorial commentaries, has The Carmel Pine Cone informed Carmelites of the objective facts for the purpose of empowering voters to make the wisest decision or has The Carmel Pine Cone attempted to manipulate public opinion in support of Mayor Sue McCloud’s personal agenda of selling the Flanders Mansion with unscientific polls and misleading propaganda from the City, ex., past city councils have intended to sell the Flanders Mansion?
• Is the sale of the Flanders Mansion Property less about the sale of a public asset and more about Mayor Sue McCloud’s personal antipathy towards Flanders Foundation President Melanie Billig?
• Has Mayor Sue McCloud represented primarily the interests of her constituents, the owners of the Flanders Mansion, or the interests of the Hatton Fields neighbors, who have been given veto power over any reasonable use of the Flanders Mansion Property?
• Since the Carmel Heritage Society manages the city-owned First Murphy House and Sunset Cultural Center, Inc. manages the city-owned Sunset Center for the benefit of the public, why doesn’t the City have the Flanders Foundation, the sole nonprofit with the mission “To preserve, enhance, and maintain the Flanders Mansion property as an historical, cultural, and educational resource for the benefit of residents and visitors to Carmel-by-the-Sea,” manage the Flanders Mansion for the benefit of the public, particularly park users?
In closing, we, as Carmelites, and our elected city government representatives, will be judged by future generations of Carmelites according to how responsible we were in managing this unique, historic public asset entrusted to our care. To wit, only by voting to maintain the Flanders Mansion as a public asset, voting “No,” and demanding a commitment by the City Council to the upkeep and maintenance of the Flanders Mansion and to determine and implement a viable public use for the Flanders Mansion, can we hope to be judged as good stewards of the Flanders Mansion Property.
Sunday, August 16, 2009
Random Reportings
ABSTRACT: Random Reportings on Grants to Pacific Repertory Theatre, Star Creek Ranch Grazing Goats, Free Historical and Nature Walks, City Expenditures for Sale of the Flanders Mansion Property and City Compensation to RFM Architects for the Forest Theatre Schematic Design are presented.
• Grants to Pacific Repertory Theatre (PacRep): PacRep received a $5,000 grant (2009-10) from the William McCaskey Chapman & Adaline Dinsmore Chapman Foundation and a $3,000 grant from the Pebble Beach Company Foundation.
• Star Creek Ranch Grazing Goats: Goats from Star Creek Ranch (Aromas, CA.) are an eco-friendly method of weed control. One herd of about 300 goats can clear an environmentally sensitive area at about an acre a day. And according to owner Pete Pulis, the cost is a few hundred dollars per acre. The City contracting with Star Creek Ranch would be ideal for ridding Mission Trail Nature Preserve of poison oak and other “weeds” and allow more native plants to grow in the city’s largest park and only cost a few thousand dollars for the entire 35 acres of Mission Trail Nature Preserve.
• Free Historical and Nature Walks: On Saturdays, August 22, September 12 and September 26, the Flanders Foundation hosts Historical and Nature Walks with Flanders Foundation President Melanie Billig, Local Environmentalist Joyce Stevens and Noted “Birder” Bill Hill, beginning at the Rio Road entrance of Mission Trail Nature Preserve and ending at the Flanders Mansion in Mission Trail Nature Preserve. Reservations Required, please call (831) 626-3826. For More Information, view Flanders Foundation Website. Complimentary cold drinks provided.
• City Expenditures for Sale of the Flanders Mansion Property: As of the City’s July 2009 Check Register, the City expended $18,624.73 for the month of July 2009 for the Sale of the Flanders Mansion Property for a grand total of $785,906.20, including a total of $163,059.01 to Attorney Joel Franklin.
• City Compensation to RFM Architects for the Forest Theatre Schematic Design: Since the City Council’s unanimous adoption of a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000 at the December 2, 2008 City Council Meeting, the City has expended a total of $38,226.86 to R.F. McCann & Company Architects, as follows:
118096 6/16/09 R.F. MCCANN & COMPANY ARCHITECTS $33,226.86 01 89429 FOREST THEATER MASTER PLAN PROJECT DESIGN SERVICES
117184 1/20/09 R.F. MCCANN & COMPANY ARCHITECTS $5,000.00 01 89429 FOREST THEATER MASTER PLAN DESIGN WORK
Additionally, the City expended $740.85 to JRP Historical Consulting for a Forest Theatre Historic Survey in July 2009, as follows:
118225 7/7/09 JRP HISTORICAL CONSULTING $ 740.85 01 64051 FOREST THEATER HISTORIC SURVEY
• Grants to Pacific Repertory Theatre (PacRep): PacRep received a $5,000 grant (2009-10) from the William McCaskey Chapman & Adaline Dinsmore Chapman Foundation and a $3,000 grant from the Pebble Beach Company Foundation.
• Star Creek Ranch Grazing Goats: Goats from Star Creek Ranch (Aromas, CA.) are an eco-friendly method of weed control. One herd of about 300 goats can clear an environmentally sensitive area at about an acre a day. And according to owner Pete Pulis, the cost is a few hundred dollars per acre. The City contracting with Star Creek Ranch would be ideal for ridding Mission Trail Nature Preserve of poison oak and other “weeds” and allow more native plants to grow in the city’s largest park and only cost a few thousand dollars for the entire 35 acres of Mission Trail Nature Preserve.
• Free Historical and Nature Walks: On Saturdays, August 22, September 12 and September 26, the Flanders Foundation hosts Historical and Nature Walks with Flanders Foundation President Melanie Billig, Local Environmentalist Joyce Stevens and Noted “Birder” Bill Hill, beginning at the Rio Road entrance of Mission Trail Nature Preserve and ending at the Flanders Mansion in Mission Trail Nature Preserve. Reservations Required, please call (831) 626-3826. For More Information, view Flanders Foundation Website. Complimentary cold drinks provided.
• City Expenditures for Sale of the Flanders Mansion Property: As of the City’s July 2009 Check Register, the City expended $18,624.73 for the month of July 2009 for the Sale of the Flanders Mansion Property for a grand total of $785,906.20, including a total of $163,059.01 to Attorney Joel Franklin.
• City Compensation to RFM Architects for the Forest Theatre Schematic Design: Since the City Council’s unanimous adoption of a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000 at the December 2, 2008 City Council Meeting, the City has expended a total of $38,226.86 to R.F. McCann & Company Architects, as follows:
118096 6/16/09 R.F. MCCANN & COMPANY ARCHITECTS $33,226.86 01 89429 FOREST THEATER MASTER PLAN PROJECT DESIGN SERVICES
117184 1/20/09 R.F. MCCANN & COMPANY ARCHITECTS $5,000.00 01 89429 FOREST THEATER MASTER PLAN DESIGN WORK
Additionally, the City expended $740.85 to JRP Historical Consulting for a Forest Theatre Historic Survey in July 2009, as follows:
118225 7/7/09 JRP HISTORICAL CONSULTING $ 740.85 01 64051 FOREST THEATER HISTORIC SURVEY
Wednesday, August 12, 2009
‘MINUTES’ of Two Noteworthy 12 August 2009 Planning Commission Agenda Items
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION – MINUTES
August 12, 2009
I. CALL TO ORDER AND ROLL CALL
PRESENT: Commission Members: Hewer, Hillyard, Reimers, Wilson
ABSENT: Commission Members: None
STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Leslie Fenton, Administrative Coordinator
II. ADMINISTRATION
1. Swearing in of new Planning Commissioner.
Architect John Thodos
X. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
1. DR 01-33/RE 01-39/UP 01-26
John Mandurrago
SE corner Dolores & 7th
Block 91, Lot(s) 2-8
Reconsideration of the certification of an EIR and permits for demolition of an existing building and construction of a mixed-use development including a two level underground parking garage, 5 market-rate condominiums, two low income housing units, and commercial floor area.
Consultant Brian Roseth presented the staff report. Chairman Hewer opened the public hearing. Members of the public, including but not limited to, John Mandurrago and his attorney Dennis Beougher and Barbara Livingston. There being no other appearances, the public hearing was closed.
Commissioner HILLYARD moved denial of the project, seconded by WILSON and carried by the following roll call vote:
AYES: HILLYARD, REIMERS, THODOS, WILSON, HEWER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2. MP 09-6
City of Carmel-by-the-Sea
Carmel Beach south of 10th Ave
Consideration of recommendations to the City Council regarding the rules and regulations of fires on Carmel Beach.
Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairman Hewer opened the public hearing. Members of the public, including, but not limited to, Lindsay Hanna, Skip Lloyd, Barbara Livingston, Roberta Miller, Linda Anderson, Clayton Anderson, Hugo Ferlito, Karen Ferlito and Elinor Laiolo. There being no other appearances, the public hearing was closed.
Commissioner WILSON moved making recommendations to the City Council regarding the rules and regulations of fires on Carmel Beach, including:
• Increase Education about the rules and regulations of fires on Carmel Beach
• Increase Funding for beach clean up and management
• Explore options for enforcement
• Adopt Sunset Clause, 15 months
• Appoint Ad Hoc Committee under the direction of the City Forester, seconded by THODOS and carried by the following roll call vote:
AYES: HILLYARD, REIMERS, THODOS, WILSON, HEWER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PLANNING COMMISSION – MINUTES
August 12, 2009
I. CALL TO ORDER AND ROLL CALL
PRESENT: Commission Members: Hewer, Hillyard, Reimers, Wilson
ABSENT: Commission Members: None
STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Leslie Fenton, Administrative Coordinator
II. ADMINISTRATION
1. Swearing in of new Planning Commissioner.
Architect John Thodos
X. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
1. DR 01-33/RE 01-39/UP 01-26
John Mandurrago
SE corner Dolores & 7th
Block 91, Lot(s) 2-8
Reconsideration of the certification of an EIR and permits for demolition of an existing building and construction of a mixed-use development including a two level underground parking garage, 5 market-rate condominiums, two low income housing units, and commercial floor area.
Consultant Brian Roseth presented the staff report. Chairman Hewer opened the public hearing. Members of the public, including but not limited to, John Mandurrago and his attorney Dennis Beougher and Barbara Livingston. There being no other appearances, the public hearing was closed.
Commissioner HILLYARD moved denial of the project, seconded by WILSON and carried by the following roll call vote:
AYES: HILLYARD, REIMERS, THODOS, WILSON, HEWER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2. MP 09-6
City of Carmel-by-the-Sea
Carmel Beach south of 10th Ave
Consideration of recommendations to the City Council regarding the rules and regulations of fires on Carmel Beach.
Sean Conroy, Planning & Building Services Manager, presented the staff report. Chairman Hewer opened the public hearing. Members of the public, including, but not limited to, Lindsay Hanna, Skip Lloyd, Barbara Livingston, Roberta Miller, Linda Anderson, Clayton Anderson, Hugo Ferlito, Karen Ferlito and Elinor Laiolo. There being no other appearances, the public hearing was closed.
Commissioner WILSON moved making recommendations to the City Council regarding the rules and regulations of fires on Carmel Beach, including:
• Increase Education about the rules and regulations of fires on Carmel Beach
• Increase Funding for beach clean up and management
• Explore options for enforcement
• Adopt Sunset Clause, 15 months
• Appoint Ad Hoc Committee under the direction of the City Forester, seconded by THODOS and carried by the following roll call vote:
AYES: HILLYARD, REIMERS, THODOS, WILSON, HEWER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Tuesday, August 11, 2009
Two Noteworthy 12 August 2009 Planning Commission Agenda Items
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
AGENDA
Regular Meeting August 12, 2009
City Hall Wednesday
East side of Monte Verde Street 3:30 p.m. Between Ocean & Seventh Avenues
I. CALL TO ORDER AND ROLL CALL
Commissioners: Steve Hillyard
Janet Reimers
Robin Wilson
Alan Hewer, Vice-chair
II. ADMINISTRATION
1. Swearing in of new Planning Commissioner.
Architect John Thodos
III. TOUR OF INSPECTION
Shortly after 3:30 p.m. the Commission will leave the Council Chambers for an on-site Tour of Inspection of all properties listed on this agenda (including those on the Consent Agenda). Prior to the beginning of the Tour of Inspection, the Commission may eliminate one or more on-site visits. The public is welcome to follow the Commission on its tour of the determined sites. The Commission will return to the Council Chambers at 4:30 p.m. or as soon thereafter as possible.
X. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
1. DR 01-33/RE 01-39/UP 01-26
John Mandurrago
SE corner Dolores & 7th
Block 91, Lot(s) 2-8
Reconsideration of the certification of an EIR and permits for demolition of an existing building and construction of a mixed-use development including a two level underground parking garage, 5 market-rate condominiums, two low income housing units, and commercial floor area.
2. MP 09-6
City of Carmel-by-the-Sea
Carmel Beach south of 10th Ave
Consideration of recommendations to the City Council regarding the rules and regulations of fires on Carmel Beach.
PLANNING COMMISSION
AGENDA
Regular Meeting August 12, 2009
City Hall Wednesday
East side of Monte Verde Street 3:30 p.m. Between Ocean & Seventh Avenues
I. CALL TO ORDER AND ROLL CALL
Commissioners: Steve Hillyard
Janet Reimers
Robin Wilson
Alan Hewer, Vice-chair
II. ADMINISTRATION
1. Swearing in of new Planning Commissioner.
Architect John Thodos
III. TOUR OF INSPECTION
Shortly after 3:30 p.m. the Commission will leave the Council Chambers for an on-site Tour of Inspection of all properties listed on this agenda (including those on the Consent Agenda). Prior to the beginning of the Tour of Inspection, the Commission may eliminate one or more on-site visits. The public is welcome to follow the Commission on its tour of the determined sites. The Commission will return to the Council Chambers at 4:30 p.m. or as soon thereafter as possible.
X. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
1. DR 01-33/RE 01-39/UP 01-26
John Mandurrago
SE corner Dolores & 7th
Block 91, Lot(s) 2-8
Reconsideration of the certification of an EIR and permits for demolition of an existing building and construction of a mixed-use development including a two level underground parking garage, 5 market-rate condominiums, two low income housing units, and commercial floor area.
2. MP 09-6
City of Carmel-by-the-Sea
Carmel Beach south of 10th Ave
Consideration of recommendations to the City Council regarding the rules and regulations of fires on Carmel Beach.
Friday, August 07, 2009
California Coastal Commission: City of Carmel-by-the-Sea LCP Amendment No. 2-09 (Design Review Process)
UPDATE: CENTRAL COAST DISTRICT
6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC) [APPROVED]
ABSTRACT: On the 12 August 2009 California Coastal Commission Agenda is the agenda item, City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. The Staff Report, prepared by Dan Carl, District Manager and Mike Watson, Coastal Planner, is reproduced.
CALIFORNIA COASTAL COMMISSION
AUGUST 2009 AGENDA
HYATT REGENCY EMBARCADERO
5 EMBARCADERO PLAZA
SAN FRANCISCO, CA 94111
WEDNESDAY, AUGUST 12, 2009
CENTRAL COAST DISTRICT
6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC)
STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
Prepared July 22, 2009 (for August 12, 2009 Hearing)
To: Coastal Commissioners and Interested Persons
From: Dan Carl, District Manager
Mike Watson, Coastal Planner
Subject: Minor Amendment Determination for City of Carmel-by-the-Sea Local Coastal Program Amendment Number 2-09 (Design Review Process)
Carmel-by-the-Sea Proposed Amendment
Carmel-by-the-Sea is proposing to amend the certified Local Coastal Program (LCP) Implementation Plan (IP) to eliminate the City’s Design Review Board and to move its responsibilities to the City’s Planning Commission. See Exhibit A for the City’s staff report on this matter, Exhibit B for the adopted ordinance making the change, and Exhibit C for the cross-through and underline proposed changes.
Minor LCP Amendment Determination
Pursuant to California Code of Regulations (CCR) Section 13555, the Executive Director may determine that a proposed LCP amendment is “minor”. CCR Section 13554 defines minor LCP amendments. Among other things, minor LCP amendments include:
CCR Section 13554(a). Changes in wording which make the use as designated in the zoning ordinances, zoning district maps or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the Executive Director of the Commission or the Commission to be consistent with the land use plan as certified by the Commission.
If the Executive Director determines that an amendment is minor, that determination must be reported to the Commission. If one-third of the appointed members of the Commission request that it be processed as a major LCP amendment, then the amendment shall be set for a future public hearing; if one-third of the appointed members of the Commission do not object to the minor LCP amendment determination,
then the amendment is deemed approved, and it becomes a certified part of the LCP immediately (in this case, on August 12, 2009).
The purpose of this notice is to advise interested parties of the Executive Director’s determination that the proposed LCP amendment is minor.
Under the existing LCP, the City’s Design Review Board reviews more minor coastal development projects, including those which do not involve a use permit, variance, subdivision, or lot line adjustment. The Planning Commission reviews more major projects, including all coastal development projects that are not reviewed by the Design Review Board otherwise. The proposed amendment would eliminate the City’s Design Review Board, but it would not alter the LCP otherwise. In other words, existing LCP standards would not change, including those related to design review, but there would no longer be a separate Design Review Board and design review action. Instead, the responsibilities that previously rested with the Design Review Board would now reside wholly with the Planning Commission. It is anticipated that the amendment will simplify the coastal permit process in the City, but that it will not alter coastal resource protection under the LCP.
Coastal Commission Concurrence
The Executive Director will report this minor LCP amendment determination, and any comments received on it, to the Coastal Commission at its August 12, 2009 meeting at the Hyatt Regency Embarcadero, 5 Embarcadero Plaza, in San Francisco. If you have any questions or need additional information regarding the proposed amendment or the method under which it is being processed, please contact Mike Watson at the Central Coast District Office in Santa Cruz. If you wish to comment on and/or object to the proposed minor LCP amendment determination, please do so by August 7, 2009.
Procedural Note - LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on July 16, 2009. It is IP only and the 60-day action deadline is September 14, 2009. Thus, unless the Commission extends the action deadline (it may be extended by up to one year), the Commission has until September 14, 2009 to take a final action on this LCP amendment.
Exhibits:
Exhibit A: City staff report regarding elimination of the Design Review Board
Exhibit B: City Council ordinance eliminating the Design Review Board
Exhibit C: Proposed changes to the LCP in strike-through and underline
6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC) [APPROVED]
ABSTRACT: On the 12 August 2009 California Coastal Commission Agenda is the agenda item, City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. The Staff Report, prepared by Dan Carl, District Manager and Mike Watson, Coastal Planner, is reproduced.
CALIFORNIA COASTAL COMMISSION
AUGUST 2009 AGENDA
HYATT REGENCY EMBARCADERO
5 EMBARCADERO PLAZA
SAN FRANCISCO, CA 94111
WEDNESDAY, AUGUST 12, 2009
CENTRAL COAST DISTRICT
6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC)
STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
Prepared July 22, 2009 (for August 12, 2009 Hearing)
To: Coastal Commissioners and Interested Persons
From: Dan Carl, District Manager
Mike Watson, Coastal Planner
Subject: Minor Amendment Determination for City of Carmel-by-the-Sea Local Coastal Program Amendment Number 2-09 (Design Review Process)
Carmel-by-the-Sea Proposed Amendment
Carmel-by-the-Sea is proposing to amend the certified Local Coastal Program (LCP) Implementation Plan (IP) to eliminate the City’s Design Review Board and to move its responsibilities to the City’s Planning Commission. See Exhibit A for the City’s staff report on this matter, Exhibit B for the adopted ordinance making the change, and Exhibit C for the cross-through and underline proposed changes.
Minor LCP Amendment Determination
Pursuant to California Code of Regulations (CCR) Section 13555, the Executive Director may determine that a proposed LCP amendment is “minor”. CCR Section 13554 defines minor LCP amendments. Among other things, minor LCP amendments include:
CCR Section 13554(a). Changes in wording which make the use as designated in the zoning ordinances, zoning district maps or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the Executive Director of the Commission or the Commission to be consistent with the land use plan as certified by the Commission.
If the Executive Director determines that an amendment is minor, that determination must be reported to the Commission. If one-third of the appointed members of the Commission request that it be processed as a major LCP amendment, then the amendment shall be set for a future public hearing; if one-third of the appointed members of the Commission do not object to the minor LCP amendment determination,
then the amendment is deemed approved, and it becomes a certified part of the LCP immediately (in this case, on August 12, 2009).
The purpose of this notice is to advise interested parties of the Executive Director’s determination that the proposed LCP amendment is minor.
Under the existing LCP, the City’s Design Review Board reviews more minor coastal development projects, including those which do not involve a use permit, variance, subdivision, or lot line adjustment. The Planning Commission reviews more major projects, including all coastal development projects that are not reviewed by the Design Review Board otherwise. The proposed amendment would eliminate the City’s Design Review Board, but it would not alter the LCP otherwise. In other words, existing LCP standards would not change, including those related to design review, but there would no longer be a separate Design Review Board and design review action. Instead, the responsibilities that previously rested with the Design Review Board would now reside wholly with the Planning Commission. It is anticipated that the amendment will simplify the coastal permit process in the City, but that it will not alter coastal resource protection under the LCP.
Coastal Commission Concurrence
The Executive Director will report this minor LCP amendment determination, and any comments received on it, to the Coastal Commission at its August 12, 2009 meeting at the Hyatt Regency Embarcadero, 5 Embarcadero Plaza, in San Francisco. If you have any questions or need additional information regarding the proposed amendment or the method under which it is being processed, please contact Mike Watson at the Central Coast District Office in Santa Cruz. If you wish to comment on and/or object to the proposed minor LCP amendment determination, please do so by August 7, 2009.
Procedural Note - LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on July 16, 2009. It is IP only and the 60-day action deadline is September 14, 2009. Thus, unless the Commission extends the action deadline (it may be extended by up to one year), the Commission has until September 14, 2009 to take a final action on this LCP amendment.
Exhibits:
Exhibit A: City staff report regarding elimination of the Design Review Board
Exhibit B: City Council ordinance eliminating the Design Review Board
Exhibit C: Proposed changes to the LCP in strike-through and underline
Thursday, August 06, 2009
Carmel Art Association Presents PARKER SOLO SHOW, MARTIN & CROZIER TWO PERSON SHOW AND GALLERY SHOWCASE FEATURING HYBL & WAGSTAFF
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 PARKER’S SOLO SHOW ‘IN THE FIELDS,’ TWO PERSON SHOW ‘LOCAL FIGURES’ FEATURING MARTIN & CROZIER AND GALLERY SHOWCASE FEATURING HYBL & WAGSTAFF
Thursday, August 6 – Tuesday, September 1, 2009
SOLO SHOW “IN THE FIELDS” (Center Room):
Painter Carol Parker exhibits works of local field workers, farmlands and vineyards in oil and watercolor. View Carol Parker’s brief biography and three paintings including “Pear Study I,” “Pear Study II” and “White Orchid.”
TWO-PERSON SHOW “LOCAL FIGURES” (Beardsley Room, South Wall):
Artists Gerard Martin and Christine Crozier exhibit oil paintings inspired by figures on the beaches, in the fields and at play on the Monterey Peninsula.
View Gerard Martin’s paintings from "Agriculture: Revisited" (September 4 - 30, 2008). Also view Gerard Martin Artist web site.
View Crozier’s statement and oil paintings, including "Come to the Fair" and “Padre's Garden." Also view Crozier's web site.
GALLERY SHOWCASE (Segal Room):
Painter Heidi Hybl exhibits Plant Forms Series, abstract oil paintings on canvas incorporating elements of collage. View Heidi Hybl’s brief biography and oil paintings including "Fir Piece," “Branch Crossing" and "Date Palm." View Hybl's web site.
Painter Jan Wagstaff exhibits landscapes in oil. View Jan Wagstaff’s Resume including Education, Employment, Professional and Community Activities, Selected Solo Exhibitions, Selected Group Exhibitions, Awards and Selected Public and Private Collections and oil paintings "Celedon Hearts," "Echo," "Rivers of Grass," "Dreaming in Color" and September 2008 Show “Ancestors.”
Opening Reception - Saturday, August 8, from 6:00 to 8:00 P.M.
SPECIAL ANNUAL EVENT "A BRUSH WITH FATE:”
Summer Silent Auction Fundraiser and Barbecue with live radio remote with KIDD radio personalities Kevin Kahl and Mike Cleary.
Saturday, August 22 – Saturday, August 29, 2009
BBQ: Saturday, August 29th, 12:00 P.M. to 2:00 P.M.
Live Auction: Saturday, August 29th, 2:00 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 PARKER’S SOLO SHOW ‘IN THE FIELDS,’ TWO PERSON SHOW ‘LOCAL FIGURES’ FEATURING MARTIN & CROZIER AND GALLERY SHOWCASE FEATURING HYBL & WAGSTAFF
Thursday, August 6 – Tuesday, September 1, 2009
SOLO SHOW “IN THE FIELDS” (Center Room):
Painter Carol Parker exhibits works of local field workers, farmlands and vineyards in oil and watercolor. View Carol Parker’s brief biography and three paintings including “Pear Study I,” “Pear Study II” and “White Orchid.”
TWO-PERSON SHOW “LOCAL FIGURES” (Beardsley Room, South Wall):
Artists Gerard Martin and Christine Crozier exhibit oil paintings inspired by figures on the beaches, in the fields and at play on the Monterey Peninsula.
View Gerard Martin’s paintings from "Agriculture: Revisited" (September 4 - 30, 2008). Also view Gerard Martin Artist web site.
View Crozier’s statement and oil paintings, including "Come to the Fair" and “Padre's Garden." Also view Crozier's web site.
GALLERY SHOWCASE (Segal Room):
Painter Heidi Hybl exhibits Plant Forms Series, abstract oil paintings on canvas incorporating elements of collage. View Heidi Hybl’s brief biography and oil paintings including "Fir Piece," “Branch Crossing" and "Date Palm." View Hybl's web site.
Painter Jan Wagstaff exhibits landscapes in oil. View Jan Wagstaff’s Resume including Education, Employment, Professional and Community Activities, Selected Solo Exhibitions, Selected Group Exhibitions, Awards and Selected Public and Private Collections and oil paintings "Celedon Hearts," "Echo," "Rivers of Grass," "Dreaming in Color" and September 2008 Show “Ancestors.”
Opening Reception - Saturday, August 8, from 6:00 to 8:00 P.M.
SPECIAL ANNUAL EVENT "A BRUSH WITH FATE:”
Summer Silent Auction Fundraiser and Barbecue with live radio remote with KIDD radio personalities Kevin Kahl and Mike Cleary.
Saturday, August 22 – Saturday, August 29, 2009
BBQ: Saturday, August 29th, 12:00 P.M. to 2:00 P.M.
Live Auction: Saturday, August 29th, 2:00 P.M.
Wednesday, August 05, 2009
'MINUTES’ for Three Noteworthy 4 August City Council Agenda Items
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 4, 2009
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.
G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association.
Council Member ROSE moved adoption of Items A and B and D through H, seconded by Council Member SHARP, and carried unanimously.
X. Resolutions
A. Consideration of a Resolution adopting Green Building Checklists and Point Requirements for Residential and Nonresidential projects pursuant to Section 15.54.030 of the Green Building Ordinance.
Sean Conroy, Planning Services Manager, presented the staff report.
Mayor McCloud opened the meeting to public comment.
Kevin Stone, Government and Community Affairs Director, Monterey County Association of Realtors, spoke about potential challenges with the California Coastal Commission, willingness to work with the City and general support of the City’s Green Building Resolution and Ordinance.
Mayor McCloud closed the meeting to public comment.
Council Member ROSE moved to adopt the Green Building Checklist and Point Requirements for Residential and Nonresidential projects as proposed, 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
XI. Orders of Council
A. Review report and provide direction on modifications to the City’s Volumetric Standards, as established in CMC Section 17.10.030.
Item Continued.
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 4, 2009
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.
G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association.
Council Member ROSE moved adoption of Items A and B and D through H, seconded by Council Member SHARP, and carried unanimously.
X. Resolutions
A. Consideration of a Resolution adopting Green Building Checklists and Point Requirements for Residential and Nonresidential projects pursuant to Section 15.54.030 of the Green Building Ordinance.
Sean Conroy, Planning Services Manager, presented the staff report.
Mayor McCloud opened the meeting to public comment.
Kevin Stone, Government and Community Affairs Director, Monterey County Association of Realtors, spoke about potential challenges with the California Coastal Commission, willingness to work with the City and general support of the City’s Green Building Resolution and Ordinance.
Mayor McCloud closed the meeting to public comment.
Council Member ROSE moved to adopt the Green Building Checklist and Point Requirements for Residential and Nonresidential projects as proposed, 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
XI. Orders of Council
A. Review report and provide direction on modifications to the City’s Volumetric Standards, as established in CMC Section 17.10.030.
Item Continued.
Sunday, August 02, 2009
Three Noteworthy 4 August 2009 City Council Agenda Items
ABSTRACT: Three noteworthy 4 August 2009 City Council Agenda Items, namely a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association, a Resolution adopting Green Building Checklists and Point Requirements for Residential and Nonresidential projects pursuant to Section 15.54.030 of the Green Building Ordinance and Review report and provide direction on modifications to the City’s Volumetric Standards, as established in CMC Section 17.10.030, are presented. Selected excerpts from Agenda Items Summaries and Staff Reports are presented for Agenda Items. COMMENTS are made on selected Agenda Items.
AGENDA
Regular Meeting
Tuesday, August 4, 2009
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
Live and archived video streaming available
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.
G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association.
Description: The Police Officers Association (POA) understands the current financial challenges that the City is facing, including the recent impact of the State budget adoption. Approving this Resolution will provide a three-year contractual agreement for the terms and conditions of employment for members of the Carmel-by-the-Sea Police Officers Association including the POA foregoing a salary increase of 8.75% that was set to take effect on July 1, 2009.
The new Memorandum of Understanding will be effective from July 1, 2009 through June 30, 2011, and will incorporate the following changes to the MOU that includes a 0% cost of living for Fiscal Year 2009/2010, and is to expire on June 30, 2012:
Term Three Years – July 1, 2009 through June 30, 2012
Compensation
Safety positions: 0% (2009/2010) 4.5% (2010/2011) 5.5% (2011/2012)
Non-Safety Positions: 0% (2009/2010) 2.5% (2010/2011) 4.0% (2011/2012)
All other terms and conditions remain status quo.
Overall Cost: City Funds: (Estimated)
FY 2009/2010 $0
FY 2010/2011 $84,413
FY 2011/2012 $103,418
Staff Recommendation: Adopt the Resolution.
COMMENT:
• Between FY 2007/08 and FY 2011/12, the Actual, Revised and Proposed Expenditures for Police have increased each year as a percentage of total expenditures, except for Proposed FY 2011/12, as follows:
2007/08: $ 2,709,932 (19.7%) Total Expenditures $ 13,728,162
2008/09: $ 2,927,223 (20.5%) Total Expenditures $ 14,249,110
2009/10: $ 2,934,581 (21.4%) Total Expenditures $ 13,741,050
2010/11: $ 3,166,036 (22.9%) Total Expenditures $ 13,847,110
2011/12: $ 3,179,827 (21.8%) Total Expenditures $ 14,573,200
(Source: CITY OF CARMEL-BY-THE-SEA CALIFORNIA ADOPTED BUDGET FISCAL YEARS 2009/10 THROUGH 2011/12)
X. Resolutions
A. Consideration of a Resolution adopting Green Building Checklists and Point Requirements for Residential and Nonresidential projects pursuant to Section 15.54.030 of the Green Building Ordinance.
Description: The Green Building Checklists identify various green building techniques that can be incorporated into development projects. The point requirements establish the minimum number of points, based on the checklists, which must be achieved in order to obtain a building permit.
Staff Recommendation: Adopt the Resolution.
Important Considerations: CMC Section 15.54.030 of the Green Building Ordinance indicates that the City Council will adopt the checklists and point requirements by resolution. This will allow the City Council to amend the checklists in the future, without amending the ordinance.
Decision Record: The Planning Commission recommended adoption of a Checklists and Point Requirements on 20 May 2009.
The Residential Checklist is based on the “Build it Green” Checklist. Build it Green is a non-profit organization whose mission is to promote more efficient design in California. The organization has developed a comprehensive residential checklist that addresses all aspects of construction. There is a total of 310 available points.
The Non-Residential Checklist is based on a LEED Checklist. The U.S. Green Building Council (USGBC) is a nationwide non-profit organization that was established to promote green building principals throughout the country. The USGBC has established the LEED ratings systems that, like Build it Green, is divided into several sections that award points for incorporating green principles into a project (see attached). LEED has a total of 100 points available.
RECOMMENDATION
Adopt the Resolution.
XI. Orders of Council
A. Review report and provide direction on modifications to the City’s Volumetric Standards, as established in CMC Section 17.10.030.
Description: The City’s volumetric standards establish the maximum amount of exterior volume that can be built on sites located in the Single-Family Residential (R-1) District. The Planning Commission recommended modifications to the volumetric standards.
Staff Recommendation: Provide direction on this issue.
Important Considerations: The City adopted standards several years ago, limiting the amount of exterior volume that could be constructed as part of new development in the Residential (R-1) District. The standards were designed to address concerns regarding the size of new homes and their impact on the character of the City.
Decision Record: The Planning Commission recommended some modifications to the City Council on 8 July 2009.
The Committee included:
􀂉 John Thodos, Architect
􀂉 Bill Strid, former Planning Commission Chair
􀂉 Sean Conroy, Planning & Building Services Manager
The Committee determined that the volume requirements are effective, but recommended some modifications. The Planning Commission reviewed these recommendations on 8 July 2009. The following summarizes the Committee’s recommendations followed by a response from staff and the recommendation from the Planning Commission.
COMMITTEE RECOMMENDATIONS
1) Revise the volume factors as shown below.
Staff Response: The Committee recommended reducing the volume factors by one to further reduce the mass and scale of new projects in the Residential District. This would reduce the allowed volume for a standard 1,800-square-foot residence by 1,800 cubic feet. This recommendation also grants flat-roof structures the same volume factor as pitched-roof structures.
One criticism of the volumetric standards is that they can limit design creativity. Many of the City’s older, character-defining homes could not be built under today’s volume standards, much less if the standards became more stringent. The City’s current height, setback, volume and floor area requirements, along with the Design Guidelines and the design review process, provide sufficient opportunities to limit mass and bulk. Staff does not support a reduction in the allowed volume factors, as proposed.
Staff could support the recommendation to allow flat-roof structures the same volume factor as pitched-roof structures, but prefers that the other volume factors remain unchanged.
PC Review: The Planning Commission concurred with the Committee’s recommendation to reduce the volume factors by one and to grant flat-roofed structures the same volume factor as pitched roof structures.
2) Discourage subterranean parking garages on sites that require a sloped driveway that create a “ramp” effect. Specify in the code that subterranean parking should not qualify as basement space and should always be counted as above-ground floor area.
Staff Comments: This recommendation is consistent with the Design Guidelines, which discourage subterranean garages that create a ramped driveway. Staff concurs with this recommendation since ramped driveways typically add to the visual mass of a structure. Currently, subterranean garages can qualify for basement bonus floor area. Staff could support modifying the code to indicate that garage space always counts as above-grade floor area, thus removing the incentive to place a garage underground.
PC Review: The Planning Commission concurred with the Committee’s recommendation regarding subterranean garages.
3) If a volume consultant submits a project for design review, require the volume calculations to be prepared by another consultant.
Staff Comments: The City has three consultants who perform volume verifications. All three also work as architects in the City. The recommendation of the committee is that the City ensure that if a consultant submits a project for design review, a separate consultant perform the volume study. Staff concurs with this recommendation. Since this is an administrative matter, no action is required by the Council.
PC Review: The Planning Commission concurred with the Committee’s recommendation regarding consultant reviews.
The Planning Commission made an additional recommendation that was not discussed by the Committee, to appoint a study group to analyze if volumetric standards should be also implemented in the Commercial District.
LOCAL COASTAL PROGRAM (LCP)
Any proposed changes to the zoning ordinance constitute an amendment to the LCP and would require Coastal Commission.
OPTIONS
The Council may wish to discuss at least the following options:
1) Make no changes to the City’s Volumetric Standards.
2) Direct staff to prepare an ordinance to address all of the recommendations of the Volume Committee and the Planning Commission.
3) Direct staff to prepare an ordinance to address some of the recommendations of the Volume Committee and the Planning Commission.
RECOMMENDATION
Provide direction on potential modifications to the City’s Volumetric Standard
LETTER submitted to City by Contractor Chris Tescher
Planning Commissioners:
Back in the 80’s when Planning Commission was looking at approving design review Olaf Dahlstrand, who was Chairperson of the Commission, declared he would vote for design review. However, he offered one caveat. He said that “design review would get rid of the worst houses, but it would also eliminate the best houses.” The unexpected outcome of design review is that houses become looking more alike and the diversification of architecture that was once Carmel’s history becomes more and more a thing of the past. During the last twenty years a number of modifications were made to the building ordinances, each with the intent to further rectify what seen as flaws to the original codes. The size of house was reduced from 2800 square feet to 1800 square feet. Ridge heights were lowered as well as plate lines. Site coverage was reduced and an expensive consultant was hired to direct us with new design guidelines that would launch us into the future. Finally volumetric was added to the list. And now we are looking at further reduction in the maximum volume of houses. All this is being done with the apparent intent of producing houses that better fit our lots and return us to the days of Comstock and M.J. Murphy. Ironically we can no longer build Comstock or Murphy style houses because volumetric has eliminated steep roofs and long overhands-trade marks of Comstock and Murphy. When will we learn that the more we tweak the rules the more frustrated we become.
I offer this observation. We have more than enough ordinances on the books to produce good simple designs, if that is what we are after. The trick is to use these tools to demand and challenge Designers and Architects to come up with compatible designs. And even though “beauty rests in the eye of the beholder” the Commissioners are the judges of what meets our guidelines and what does not.
Finally, if reducing the size of houses from 2800 square feet to 1800 square feet did not produce a satisfactory response from architects, than chopping 1800 cubic feet off volume is laughable. You are making the cookie cutter smaller, you are not making it better!
Sincerely,
Chris Tescher
COMMENT:
• Contractor Chris Tescher writes, as follows:
“The unexpected outcome of design review is that houses become looking more alike and the diversification of architecture that was once Carmel’s history becomes more and more a thing of the past.”
Unfortunately, the history of design review in Carmel-by-the-Sea is that with each new and additional design regulation approved by the City, the regulations have not appreciably reduced scale, mass and bulk, as intended, but limited architects and designers in creating innovative, creative and diversified residences. To wit, the City should be repealing some of the City’s design review regulations, not adding more stringent regulations to design review.
Note: Volumetrics was not part of the Design Traditions Project as crafted by Consultant Nore Winter of Winter and Company.
AGENDA
Regular Meeting
Tuesday, August 4, 2009
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
Live and archived video streaming available
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.
G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association.
Description: The Police Officers Association (POA) understands the current financial challenges that the City is facing, including the recent impact of the State budget adoption. Approving this Resolution will provide a three-year contractual agreement for the terms and conditions of employment for members of the Carmel-by-the-Sea Police Officers Association including the POA foregoing a salary increase of 8.75% that was set to take effect on July 1, 2009.
The new Memorandum of Understanding will be effective from July 1, 2009 through June 30, 2011, and will incorporate the following changes to the MOU that includes a 0% cost of living for Fiscal Year 2009/2010, and is to expire on June 30, 2012:
Term Three Years – July 1, 2009 through June 30, 2012
Compensation
Safety positions: 0% (2009/2010) 4.5% (2010/2011) 5.5% (2011/2012)
Non-Safety Positions: 0% (2009/2010) 2.5% (2010/2011) 4.0% (2011/2012)
All other terms and conditions remain status quo.
Overall Cost: City Funds: (Estimated)
FY 2009/2010 $0
FY 2010/2011 $84,413
FY 2011/2012 $103,418
Staff Recommendation: Adopt the Resolution.
COMMENT:
• Between FY 2007/08 and FY 2011/12, the Actual, Revised and Proposed Expenditures for Police have increased each year as a percentage of total expenditures, except for Proposed FY 2011/12, as follows:
2007/08: $ 2,709,932 (19.7%) Total Expenditures $ 13,728,162
2008/09: $ 2,927,223 (20.5%) Total Expenditures $ 14,249,110
2009/10: $ 2,934,581 (21.4%) Total Expenditures $ 13,741,050
2010/11: $ 3,166,036 (22.9%) Total Expenditures $ 13,847,110
2011/12: $ 3,179,827 (21.8%) Total Expenditures $ 14,573,200
(Source: CITY OF CARMEL-BY-THE-SEA CALIFORNIA ADOPTED BUDGET FISCAL YEARS 2009/10 THROUGH 2011/12)
X. Resolutions
A. Consideration of a Resolution adopting Green Building Checklists and Point Requirements for Residential and Nonresidential projects pursuant to Section 15.54.030 of the Green Building Ordinance.
Description: The Green Building Checklists identify various green building techniques that can be incorporated into development projects. The point requirements establish the minimum number of points, based on the checklists, which must be achieved in order to obtain a building permit.
Staff Recommendation: Adopt the Resolution.
Important Considerations: CMC Section 15.54.030 of the Green Building Ordinance indicates that the City Council will adopt the checklists and point requirements by resolution. This will allow the City Council to amend the checklists in the future, without amending the ordinance.
Decision Record: The Planning Commission recommended adoption of a Checklists and Point Requirements on 20 May 2009.
The Residential Checklist is based on the “Build it Green” Checklist. Build it Green is a non-profit organization whose mission is to promote more efficient design in California. The organization has developed a comprehensive residential checklist that addresses all aspects of construction. There is a total of 310 available points.
The Non-Residential Checklist is based on a LEED Checklist. The U.S. Green Building Council (USGBC) is a nationwide non-profit organization that was established to promote green building principals throughout the country. The USGBC has established the LEED ratings systems that, like Build it Green, is divided into several sections that award points for incorporating green principles into a project (see attached). LEED has a total of 100 points available.
RECOMMENDATION
Adopt the Resolution.
XI. Orders of Council
A. Review report and provide direction on modifications to the City’s Volumetric Standards, as established in CMC Section 17.10.030.
Description: The City’s volumetric standards establish the maximum amount of exterior volume that can be built on sites located in the Single-Family Residential (R-1) District. The Planning Commission recommended modifications to the volumetric standards.
Staff Recommendation: Provide direction on this issue.
Important Considerations: The City adopted standards several years ago, limiting the amount of exterior volume that could be constructed as part of new development in the Residential (R-1) District. The standards were designed to address concerns regarding the size of new homes and their impact on the character of the City.
Decision Record: The Planning Commission recommended some modifications to the City Council on 8 July 2009.
The Committee included:
􀂉 John Thodos, Architect
􀂉 Bill Strid, former Planning Commission Chair
􀂉 Sean Conroy, Planning & Building Services Manager
The Committee determined that the volume requirements are effective, but recommended some modifications. The Planning Commission reviewed these recommendations on 8 July 2009. The following summarizes the Committee’s recommendations followed by a response from staff and the recommendation from the Planning Commission.
COMMITTEE RECOMMENDATIONS
1) Revise the volume factors as shown below.
Staff Response: The Committee recommended reducing the volume factors by one to further reduce the mass and scale of new projects in the Residential District. This would reduce the allowed volume for a standard 1,800-square-foot residence by 1,800 cubic feet. This recommendation also grants flat-roof structures the same volume factor as pitched-roof structures.
One criticism of the volumetric standards is that they can limit design creativity. Many of the City’s older, character-defining homes could not be built under today’s volume standards, much less if the standards became more stringent. The City’s current height, setback, volume and floor area requirements, along with the Design Guidelines and the design review process, provide sufficient opportunities to limit mass and bulk. Staff does not support a reduction in the allowed volume factors, as proposed.
Staff could support the recommendation to allow flat-roof structures the same volume factor as pitched-roof structures, but prefers that the other volume factors remain unchanged.
PC Review: The Planning Commission concurred with the Committee’s recommendation to reduce the volume factors by one and to grant flat-roofed structures the same volume factor as pitched roof structures.
2) Discourage subterranean parking garages on sites that require a sloped driveway that create a “ramp” effect. Specify in the code that subterranean parking should not qualify as basement space and should always be counted as above-ground floor area.
Staff Comments: This recommendation is consistent with the Design Guidelines, which discourage subterranean garages that create a ramped driveway. Staff concurs with this recommendation since ramped driveways typically add to the visual mass of a structure. Currently, subterranean garages can qualify for basement bonus floor area. Staff could support modifying the code to indicate that garage space always counts as above-grade floor area, thus removing the incentive to place a garage underground.
PC Review: The Planning Commission concurred with the Committee’s recommendation regarding subterranean garages.
3) If a volume consultant submits a project for design review, require the volume calculations to be prepared by another consultant.
Staff Comments: The City has three consultants who perform volume verifications. All three also work as architects in the City. The recommendation of the committee is that the City ensure that if a consultant submits a project for design review, a separate consultant perform the volume study. Staff concurs with this recommendation. Since this is an administrative matter, no action is required by the Council.
PC Review: The Planning Commission concurred with the Committee’s recommendation regarding consultant reviews.
The Planning Commission made an additional recommendation that was not discussed by the Committee, to appoint a study group to analyze if volumetric standards should be also implemented in the Commercial District.
LOCAL COASTAL PROGRAM (LCP)
Any proposed changes to the zoning ordinance constitute an amendment to the LCP and would require Coastal Commission.
OPTIONS
The Council may wish to discuss at least the following options:
1) Make no changes to the City’s Volumetric Standards.
2) Direct staff to prepare an ordinance to address all of the recommendations of the Volume Committee and the Planning Commission.
3) Direct staff to prepare an ordinance to address some of the recommendations of the Volume Committee and the Planning Commission.
RECOMMENDATION
Provide direction on potential modifications to the City’s Volumetric Standard
LETTER submitted to City by Contractor Chris Tescher
Planning Commissioners:
Back in the 80’s when Planning Commission was looking at approving design review Olaf Dahlstrand, who was Chairperson of the Commission, declared he would vote for design review. However, he offered one caveat. He said that “design review would get rid of the worst houses, but it would also eliminate the best houses.” The unexpected outcome of design review is that houses become looking more alike and the diversification of architecture that was once Carmel’s history becomes more and more a thing of the past. During the last twenty years a number of modifications were made to the building ordinances, each with the intent to further rectify what seen as flaws to the original codes. The size of house was reduced from 2800 square feet to 1800 square feet. Ridge heights were lowered as well as plate lines. Site coverage was reduced and an expensive consultant was hired to direct us with new design guidelines that would launch us into the future. Finally volumetric was added to the list. And now we are looking at further reduction in the maximum volume of houses. All this is being done with the apparent intent of producing houses that better fit our lots and return us to the days of Comstock and M.J. Murphy. Ironically we can no longer build Comstock or Murphy style houses because volumetric has eliminated steep roofs and long overhands-trade marks of Comstock and Murphy. When will we learn that the more we tweak the rules the more frustrated we become.
I offer this observation. We have more than enough ordinances on the books to produce good simple designs, if that is what we are after. The trick is to use these tools to demand and challenge Designers and Architects to come up with compatible designs. And even though “beauty rests in the eye of the beholder” the Commissioners are the judges of what meets our guidelines and what does not.
Finally, if reducing the size of houses from 2800 square feet to 1800 square feet did not produce a satisfactory response from architects, than chopping 1800 cubic feet off volume is laughable. You are making the cookie cutter smaller, you are not making it better!
Sincerely,
Chris Tescher
COMMENT:
• Contractor Chris Tescher writes, as follows:
“The unexpected outcome of design review is that houses become looking more alike and the diversification of architecture that was once Carmel’s history becomes more and more a thing of the past.”
Unfortunately, the history of design review in Carmel-by-the-Sea is that with each new and additional design regulation approved by the City, the regulations have not appreciably reduced scale, mass and bulk, as intended, but limited architects and designers in creating innovative, creative and diversified residences. To wit, the City should be repealing some of the City’s design review regulations, not adding more stringent regulations to design review.
Note: Volumetrics was not part of the Design Traditions Project as crafted by Consultant Nore Winter of Winter and Company.
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