Tuesday, April 27, 2010

FAIR POLITICAL PRACTICES COMMISSION Warning Letters to Mayor Sue McCloud, Richard Stewart, ReElect Mayor McCloud Treasurer & Clayton Berling, ReElect Mayor McCloud Assistant Treasurer

ABSTRACT: Warning letters, dated April 14, 2010, were sent to Mayor Sue McCloud, ReElect Mayor McCloud Treasurer Richard Stewart and ReElect Mayor McCloud Assistant Treasurer Clayton Berling by the Fair Political Practices Commission (FPPC). “Warning letters are issued when the Enforcement Division has enough evidence to prove a violation, but determines it is not in the best interest of the People of California to issue a fine. Individuals who receive warning letters are put on notice that future violations will result in a fine.” The Warning letters were the result of mayoral candidate Adam Moniz filing a complaint with the FPPC alleging that Mayor Sue McCloud failed to report “potentially thousands of dollars in advertising expenses” for ads appearing in The Carmel Pine Cone and Monterey County Weekly between February 28, 2010 and March 27, 2010. After the complaint was filed and prior to the issuance of the Warning letter, Mayor Sue McCloud accused Adam Moniz of being “dead wrong,” engaged in “character assassination” and “negative campaigning” and owed her an apology. McCloud further stated that she had reported her campaign finances "exactly the same way I've done every year." The Warning letters are reproduced in their entirety and COMMENTS are made regarding the vindication of Adam Moniz and the inappropriate, incorrect and unprofessional comments of Mayor Sue McCloud.

April 2010 Enforcement Closure Letter

Case Number 20100257
Name Susan McCloud

Warning


FAIR POLITICAL PRACTICES COMMISSION
428 J Street Suite 620 Sacramento, CA. 95814-2329
(916) 322-5660 Fax (916) 322-0886


April 14, 2010

Ms. Susan McCloud
ReElect Mayor McCloud

REDACTED

Warning Letter Re: FPPC No. 10/257: Susan McCloud. ReElect Mavor McCloud. Richard Stewart, Treasurer, and Clayton Berling, Assistant Treasurer

Dear Ms. McCloud:

The Fair Political Practices Commission (the "FPPC") enforces the provisions of the Political Reform Act (the "Act") found in Government Code section 81000, et seq. This letter is in response to a complaint filed against you that alleged you failed to disclose expenditures in connection with newspaper advertisements. We are closing this matter with a warning letter.

The FPPC has completed its investigation of the facts in this case. Specifically, the FPPC found that you failed to disclose on your pre-election campaign statement Form 460, expenditures associated with the purchase of political ads that ran in the Monterey County Weekly and the Carmel Pine Cone newspapers.

Section 84211, subd. (b) requires candidates to disclose the use of their campaign funds. Specifically, subdivision (k) requires the itemization of any expenditure of $100 or more. An expenditure is made on the date the payment is made or the date the committee receives the goods or services, whichever is earlier. (Section 82025.) When amounts owed by the committee for goods or services that are received but are not paid for by the end of the reporting period, Schedule F of the Form 460 is used to disclose this information. If the exact amount is unknown, an estimate may be reported. (Regulation 18421.6.)

Your actions violated the Act because you failed to disclose the expenditures for the newspaper advertisements as accrued expenses. However you filed an amendment to disclose this information and the information was available to the public prior to the election. Therefore we are closing this case with a warning letter.

This letter serves as a written warning. The information in this matter will be retained and may be considered should an enforcement action become necessary based on newly discovered information or future conduct. Failure to comply with the provisions of the Act in the future will result in monetary penalties of up to $5,000 for each violation.

A warning letter is an FPPC case resolution without administrative prosecution or fine. However the warning letter resolution does not provide you with the opportunity for a probable cause hearing or hearing before an Administrative Law Judge or the Fair Political Practices Commission. If you wish to avail yourself of these proceedings by requesting that your case proceed with prosecution rather than a warning) please notify us within ten (10) days from the date of this letter. Upon this notification} the FPPC will rescind this warning letter and proceed with administrative prosecution of this case, If we do not receive such notification} this warning letter will be posted on the FPPC's website ten (10) days from the date of this letter.

Please feel free to contact me with any questions you may have regarding this letter.

Sincerely,

REDACTED

Gary S. Winuk, Chief
Enforcement Division

GSW/tr
cc: Adam Moniz

1 The Political Reform Act is contained in Government Code sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

COMMENTS:
Mayor Sue McCloud’s statement that she had reported her campaign finances "exactly the same way I've done every year" implies that she violated the law in 2000, 2002, 2004, 2006 and 2008. Moreover, her claim that she has reported her campaign finances exactly the same way does not absolve her of being in violation of the law.

Mayoral Candidate Adam Moniz was right to file a complaint with the Fair Political Practices Commission. As he stated, "a candidate's obligations under the law are not a joke, and she needs to take them seriously. This is about transparency and following the rules."

Mayor Sue McCloud’s deflection away from the merits of the complaint to accusing Adam Moniz of engaging in “character assassination” and “negative campaigning” is a typical tactic of Sue McCloud. Instead of Sue McCloud demanding an apology from Adam Moniz, she owes Adam Moniz and the people of Carmel-by-the-Sea an apology.

ADDENDUM:
Political Reform Act 2010
Fair Political Practices Commission


California Government Code sections 81000 – 91014
TITLE 9. POLITICAL REFORM


CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION
DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION
Sections 18110 through 18997

April 2010 Enforcement Closure Letter

Case Number 20100257
Name Clayton Berling

Name Richard Stewart

Warning

FAIR POLITICAL PRACTICES COMMISSION
428 J Street Suite 620 Sacramento, CA. 95814-2329
(916) 322-5660 Fax (916) 322-0886


April 14, 2010


Mr. Richard Stewart
ReElect Mayor McCloud

REDACTED

Mr. CIayton Berling
ReElect Mayor McCloud

REDACTED

Warning letter Re: FPPC No. 10/257: Susan McCloud. ReElect Mayor McCloud, Richard Stewart, Treasurer and Clayton Berling, Assistant Treasurer

Dear Messrs. Stewart and Berling:

The Fair Political Practices Commission (the "FPPC") enforces the provisions of the Political Reform Act (the “Act”),1 found in Government Code section 81000, et seq. This letter is in response to a complaint filed against you that alleged you failed to disclose expenditures in connection with newspaper advertisements. We are dosing this matter with a warning letter.

The FPPC has completed its investigation of the facts in this case. Specifically, the FPPC found that you failed to disclose on your pre-election campaign statement, Form 460, expenditures associated with the purchase of political ads that ran in the Monterey County Weekly and the Carmel Pine Cone newspapers.

Section 84211, subd. (b) requires candidates to disclose the use of their campaign funds. Specifically, subdivision (k) requires the itemization of any expenditure of $100 or more. An expenditure is made on the date the payment is made or the date the committee receives the goods or services, whichever is earlier. (Section 82025.) When amounts owed by the committee for goods or services that are received but are not paid for by the end of the reporting period, Schedule F of the Form 460 is used to disclose this information. If the exact amount is unknown, an estimate may be reported. (Regulation 18421.6.)

Your actions violated the Act because you failed to disclose the expenditures for the newspaper advertisements as accrued expenses, However, you filed an amendment to disclose this information, and the information was available to the public prior to the election. Therefore we are closing this case with a warning letter.

This letter serves as a written warning. The information in this matter will be retained and may be considered should an enforcement action become necessary based on newly discovered information or future conduct. Failure to comply with the provisions of the Act in the future will result in monetary penalties of up to $5,000 for each violation.

A warning letter is an FPPC case resolution without administrative prosecution or fine. However, the warning letter resolution does not provide you with the opportunity for a probable cause hearing or hearing before an Administrative Law Judge or the Fair Political Practices Commission. If you wish to avail yourself of these proceedings by requesting that your case proceed with prosecution rather than a warning, please notify us within ten (10) days from the date of this letter. Upon this notification, the FPPC will rescind this warning letter and proceed with administrative prosecution of this case. If we do not receive such notification, this warning letter will be posted on the FPPCs website ten (10) days from the date of this letter.

Please feel free to contact me with any questions you may have regarding this letter.

Sincerely,

REDACTED

Gary S. Winuk, Chief
Enforcement Division

GSW/tr

cc: Adam Moniz

1 The Political Reform Act is contained in Government Code sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.

Monday, April 26, 2010

CELEBRATING the Specialty Shops & Businesses of Carmel-by-the-Sea: Featuring Shops & Businesses on Famed Ocean Avenue

ABSTRACT: CELEBRATING the Specialty Shops and Businesses of Carmel-by-the-Sea presents a listing of shops and businesses by location with name of business (link to website), category, and contact information. Shops and businesses on Ocean Avenue, north and south sides will be featured first, followed by shops and businesses north of Ocean Avenue, then shops and businesses south of Ocean Avenue. Enjoy and patronize our village’s unique and eclectic mix of shops and businesses, residents and visitors alike!

Ocean Avenue, North Side, between Mission Street & San Carlos Street (east to west):
Palomas Home Furnishings
Home Furnishings
Phone: (831) 624-6120
Fax: (831) 624-6119

Hedi’s
"Shoes from Around The World"
Shoes
Phone: (831) 624-5580
email: hedisshoes@yahoo.com

Wyland Galleries
Art Gallery
Toll Free: 1-800.WYLAND.0
email: customerservice@wylandgalleries.com

Zantman Art Galleries
Art Gallery
Phone: (831) 624-8314
Fax: (831) 626-8408
Email: bill@zantmangalleries.com

Café Carmel Coffee House
Phone: (831) 624-3870

Music Boxes of Carmel
Music Boxes, Clocks, Collectibles, Gifts
Phone: (831) 622-9120
email: musboxcarmel@yahoo.com

MARK AREIAS JEWELERS
Jewelry
Phone: (831) 624-5621
Fax: (831) 624-8557

AUGUSTINA'S
Wearable Art, Selection of Paula Lishman International, Men’s & Women’s Coats & Jackets
Phone: (831) 624-1977
email: augustinacarmelmail@earthlink.net

COACH
Handbags, Wallets & Wristlets, Accessories, Shoes, Jewelry, Apparel, Gifts
Phone: (831) 626-1777

Ocean Avenue, North Side, between San Carlos Street & Dolores Street:
inago
Women’s Clothing
Phone:(831) 622-0313

Galerie Rue Toulouse
Art Gallery
Phone: (831) 625-3456

Carmel Drug Store
Carmel’s Classic Drugstore & Family Pharmacy
Independently Serving the Local Community Since 1910
Offering Quality Products & Friendly Service
Phone: (831) 624-3819

Jewelry Atelier
Jewelry
Phone: (831) 624-7591

Whittakers
Home Furnishings & Accessories
Owner/artist Willa Aylaian
Phone: (831) 624-2185
Fax: (831) 624-6904
e-mail: info@whittakerscarmel.com.

Garcia Gallery
Original Art & Jewelry
Graphics, Paintings, Wall Hangers, Sculptures, Moran Sculpture
About Danny Garcia & Malcolm Moran
Phone: (831) 624-8338
Fax: (800) 626-9419

Carmel Forecast
Apparel
Phone: (831) 626-1735

Ocean Avenue, North Side, between Dolores Street & Lincoln Street:
Alain Pinel Realtors
PURVEYORS OF FINE PROPERTIES
Real Estate
Phone: (831) 622-1040
Toll Free: 800.933.1331
Owners: Judie and Bob Profeta

B&G Estate Jewelers
Jewelry
Phone: (831) 625-5710

Jim Miller GALLERY
Art Gallery
"A Carmel, California, Art Gallery"
"Paintings Bringing Beauty To Life"

Phone: (831) 625-0425
Email: jim@jimmillergallery.com

CARMEL CASHMERE AND COMPANY
Men’s & Women’s Cashmere Sweaters & Accessories, Cashmere Blankets & Throws
Kathleen Million, Owner
toll free 888 237-1581
email: cashmereclub@aol.com

EVANS GALLERY
LANDSCAPES | FLOWERS | INTERIORS | ANIMALS | STILL LIFE | BRONZE SCULPTURES | ABSTRACTS |
Phone: (831) 624-2696
cell: (831) 238-6747
email: billyevans1@comcast.net

Carmel Antiques
Antiques
Phone: (831) 624-6100

Coldwell Banker Real Estate
Real Estate
Phone: (831) 626-2225

FOURTANE
Antique & Vintage Jewelers
Since 1950
Estate and Contemporary Jewelry and Watches Rolex
Phone: (831) 624-4684

Ocean Avenue, North Side, between Lincoln Street & Monte Verde Street:
FOURTANE
Antique & Vintage Jewelers
Since 1950
Estate and Contemporary Jewelry and Watches Rolex
Phone: (831) 624-4684

PIERRE DEUX II
The Pine Inn
French Country
Furniture, Home Décor, Rugs, Tabletop, Lighting, Totes & Bags, Wallpaper, Fabrics

LUSH
Fresh Handmade Cosmetics
Bath, Shower, Hair, Skincare, Fragances, Gifts
Phone: (831) 625-5874

RITTMASTER
At the Pine Inn
Phone: (831) 624-1147
Fax: (831) 624-0410
Modern women’s clothing & accessories

PIERRE DEUX
The Pine Inn
French Country
Furniture, Home Décor, Rugs, Tabletop, Lighting, Totes & Bags, Wallpaper, Fabrics
Designer on Staff: Linda Simons
Phone:(831) 624-8185
Email: carmel@pierredeux.com

Ocean Avenue, North Side, between Monte Verde Street & Casanova Street:
TWO SISTERS DESIGNS
Jewelry, Lampwork Beads
Owners & local artists Pat and Paula Hazdovac
Phone: (831) 625-1203
email: TWOSISTERS1@HOTMAIL.COM

LA COIFFURE SALON
European-style salon
Phone: (831) 624-9187

Ocean Avenue, South Side, between Junipero Avenue & Mission Street (east to west):
Carmel Plaza
Ocean Avenue Level
Anthropologie
Women’s Apparel & Shoes; Gifts, Cards & Books; Accessories
Website
Phone:(831) 624-2129

Bottega Veneta
Jewelry; Women’s Shoes; Accessories
Website
Phone: (831) 622-0518

Cole Haan
Apparel, Men’s & Women’s Shoes; Accessories
Website
Phone:(831) 624-2650

Concierge Center
Services
Phone: (831) 624-1385

Cos Bar
Luxury skincare, makeup, and frangrances
Website
Phone: (831) 626-6249

From Tee to Green
Specialty & Sports Apparel; Sporting Goods
Website
Phone: (831) 626-8800

Georgiou
Women’s Apparel
Website
Phone: (831) 625-5600

Hidesign
Accessories, Luggage
Website
Phone: (831) 624-7100

HOMESCAPES CARMEL...change your world (Opening Summer 2010)
Global Importers
"Featuring the award-winning style for which we’re known enhanced by an Assouline Corner bookstore, Interior Design Studio and a Tasting Room Cafe."
Thompson Lange; Buyer, Merchandising, Marketing & Branding
Beau Lange; Operations & Home Staging
Sally Higgins; Art Curator, Sales & Customer Service
Edward Chiorazzi; Buyer, Designer & Accounts Payable
Leland Slarrow; Orchid Management, Deliveries, Sales & Customer Service
Keri Marion; Marketing / Branding Assistant, Web Research & Development, Graphic Design
C.C. Von Buseck; Inventory Management, Sales & Customer Service
Stephanie Bemboom & Amber Spenser; Sales and Customer Service
Phone: (831) 624-6499
Fax: (831) 624-6999

ILORI
Accessories
Website
Phone: (831) 624-3976

J. Crew-by-the-sea
Women’s & Teen Apparel
Website
Phone: (831) 624-2803

Janie and Jack
Children’s Apparel & Shoes
Website
Phone: (831) 620-1288

Khaki's of Carmel
Men’s & Specialty Apparel
Website
Phone: (831) 625-8106

Louis Vuitton
Men’s & Women’s Apparel & Shoes; Accessories; Luggage
Website
Phone: (831) 622-7400

Mark Fenwick
Women’s Apparel
Phone: (831) 624-1174

Parts Unknown
Men’s, Women’s & Teen’s Apparel
Website
Phone: (831) 626-6323

Talbots
Men’s, Women’s, Children’s & Specialty Apparel; Accessories
Website
Phone: (831) 626-1702

The Dutches
Women’s Apparel
Phone: (831) 625-5050

Tiffany & Co.
Jewelry
Website
Phone: (831) 626-4040

Tommy Bahama
Men’s & Women’s Apparel & Shoes; Accessories; Home & Office
Website
Phone: (831) 620-0302

Tumi
Luggage
Website
Phone: (831) 624-1680

Yves Delorme
Home & Office
Website
Phone:(831) 625-8600

Courtyard Level
Anubee
Children’s Apparel and Shoes; Toy, Games & Hobbies
Phone: (831) 626-1070

Bistro Beaujolais on the Plaza
Restaurant; Refreshments & Specialty
Website
Phone: (831) 624-5600

Carmel Coffee & Cocoa Bar
Refreshments & Specialty
Phone: (831) 622-0660

Coldwater Creek
Women’s Apparel; Accessories
Website
Phone: (831) 625-4248

Flying Fish Grill
Restaurant; Refreshments & Specialty
Phone: (831) 625-1962

Impressions: Fine & Fashion Jewelry
Jewelry; Accessories
Phone: (831) 620-0312

J. Jill
Women’s Apparel; Accessories
Website
Phone: (831) 620-0430

Jeffrey Collection, The
Jewelry
Phone: (831) 625-2050

L'Occitane en Provence
Cosmetics
Website
Phone: (831) 626-7055

Madrigal
Women’s Apparel & Shoes
Phone: (831) 624-3477

Ms. Fabulous
Women’s Apparel
Website
Phone: (831) 625-0920

Patisserie Boissiere Restaurant
French Restaurant
Website
Phone: (831) 624-5008

Sur La Table
Gifts, Cards & Books; Home & Office
Website
Phone: (831) 626-6433

Sylvie Unique Boutique
Women’s Apparel
Website
Phone: (831) 620-0980

The Cheese Shop
Gifts, Cards & Books: Refreshments & Specialty; Restaurant
Website
Phone: (831) 625-2272

3rd Level
Talbots
Men’s, Women’s, Children’s & Specialty Apparel; Accessories
Website
Phone: (831) 626-1702

Triangle Peak Partners
Phone: (831) 622-0428

Ocean Avenue, South Side, between Mission Street & San Carlos Street:
Jewels on Ocean
Jewelry
Featuring hand picked collections of fine and costume jewelry
Phone: (831) 625-6747

Carmel Sport
Apparel
Peggy Anne Raker
Phone: (831) 624-1174

St. Moritz Sweaters for Ladies & Gentlemen
Specializing in men's & ladies sweaters. Fine woolens, merino, alpaca, cottons, cashmere, angora & blends. Sizes S to 3X. USA made & imports from many countries.

Carmel Travel Wear
Men's Clothing, Women's Clothing, Children's Clothing, T-Shirts
Phone: (831) 624-4149

Star child
Fine clothing & footware for girls newborn to age 12.
Phone: (831) 625-0300

Romanoos
Fine Jewelers
Phone: (831) 626-2787

Adam Fox, Inc.
Since 1964
Cutlery store, featuring custom knives, manicure sets, canes, clocks, flasks, binoculars, weather instruments, bottle openers and many other unusual items and quality leather briefcases.
Phoen: (831) 624-5244
Fax: (831) 624-5269

Warren Building 2nd Floor:
ADCOM IV, INC.

Carmel Fire Protection Assoc.
Fire protection consulting firm specializing in providing fire prevention program services to fire departments and other public sector jurisdictions.
Art Black, Founder and Principal
Phone: (831) 624-8303
Fax: (831) 624-7739
E-Mail: Art Black, Principal~ art@carmelfire.com
Ginger P. Canis, CCO~ gingercanis@aol.com

Carmel Roaster Inc.

I BEAM
Phone: (831) 620-0417

Direct Hit

Hattori Photography
Michael Hattori, Photographer

DFI

Kelley Guest
Business Attorneys, Conservatorships, Estate and Trust Litigation, Legal Services; Probate
Phone: (831) 624-6800

Warren E. Small Attorney At Law
Business Attorney, Real Estate Attorney
Phone: (831) 649-1207; (831) 626-2630
Fax: (831) 649-1910
Email: wessmall@redshift.com

Art & Design

Iverson’s Tree Service
“Full service tree care company with experienced, skilled, knowledgeable, and courteous staff”
Commercial and Residential
Michael Iverson: Owner/Operator
Office: (831) 625-5743
Cell: (831) 601-0599

Martin Wolf
Attorney
Phone: (831) 622-0106

Kurtz Culinary
Specializing in fine foods, gourmet gifts & home entertaining ideas.
Phone:(831) 625-JAMS (5267)
Email: info@fruitoftheland.com

Mountainsong Galleries
“Quintessential California Art”
Original oils, fine art photography, glass and sculptures capture the beauty of many fabulous places in Carmel and throughout California.
Phone: 831-626-0600
Fax: (831) 626-0800
Email: Lucinda@MountainsongGalleries.com

Bittner
The Pleasure of Writing
Fine Pens & Paper
Pens, Leather & Journals, Corporate Gifts, Accessories
Phone: 1-888-Bittner
email: info@bittner.com

Carrigg’s of Carmel I
Home Furnishings
Furnishings from around the World
Owner & Designer Mary Ann Carrigg
Phone:(831) 620-1161
email: carriggsofcarmel@sbcglobal.net

Ocean Avenue, South Side, between San Carlos Street & Dolores Street:
Laub’s Country Store
Fun T-Shirts, Sport Shirts, Sweatpants by Crazy Shirts
Phone:(831) 626-7400

Sierra Shirts
Exclusive embroidery and silk-screen designs, in sizes from toddler to XXL.
Phone: (831) 624-2285

The Doud Arcade
"A Shopping Village in the Tradition of Old Carmel"

Arcade Shoppes:
Kris Kringle of Carmel
Personalized Ornaments & Collectibles
Phone: (831) 625-6020
Fax: (831) 625-5429

The Carmel Hat Shop
Men’s & Women’s Hats
Phone: (831) 625-9510
Email: store@carmelhatcompany.com

A.W. Shucks
Seafood Bar and Cocktails
Phone: (831) 624-6605

Fashion Street
Woman’s Boutique
“Collection of Unique, Beautiful, Comfortable clothing”
Phone: (831) 624-8868

Wicks And Wax
Candle Shop
Bill Richardson, Owner
Phone: (831) 624-6044

Vasana Gifts & Candies
Cosmetics
Phone: (831) 625-5511

Sockshop Carmel
“Largest selection of socks and hosiery on the West Coast”
Phone: (831) 624-6044
Fax: (831) 624-4298
Email: customerservice@sockshoponline.com

Upper Level:
Laurie Ellen Face and Body Salon
Laurie Ellen McGarry, Owner & Skin Care Specialist
Phone: (831) 625-6565

Lilli-Anne A Beauty Salon
Phone: (831) 624-8044

Maja Designs
Jewelry Retailers
Phone: (831) 624-0480

The River Beach Group, LLC
DOUGLAS J. INGLE, Agent

Diane M. Kelly, CPA, MS
Accountant
Phone: (831) 626-6810

Homecare for Senior Your Trusted Care Providers

Craft Studios:
Jazzy Pernie's of Carmel
Women’s Clothing
Phone: (831) 626-8868

Bountiful Basket
Gourmet Food & Wine Tasting
Phone: (831) 625-4457
Toll Free: (800) 930-0077
Email: sales@bountifulbasketcarmel.co

Artemis Collection
Handmade Wearable Art & Home Décor
From Turkey, Uzbekistan and Afghanistan
Valerie Andriola Purpura, Owner
Phone: (831) 622-9242
Email: Valerieap@hotmail.com

Istanbul Collection

Carmel Belle
Good Food & Wine
COFFEE, CHEESE& CHARCUTERIE
Breakfast & Lunch
Phone: (831) 624-1600
Email: info@carmelbelle.com

Robin’s Jewelry
Handcrafted Sterling Silver
One-of-a-kind pieces in sterling silver with shells, and stones, and other organic material.
Phone: (831) 626-4119
Email: robin@robinsjewelrycarmel.com


The Carmel Coffee House And Roasting Company
Specialty Coffees, Teas, Gift Packs & Specialty Gifts
Classic European espresso drinks, five brewed coffees, tea, baked goods and desserts
Phone: (831) 626-2095
Fax: (831) 626-2091

Red Haute
Sophisticated, casual boutique offering everything in fur, leather, suede, denims and accessories.
Phone: (831) 625-6333

Carmel Rentals
Vacation Rentals, Long Term Rentals, Homes for Sale
Jerry Warner, Founder & Owner
Phone: (831) 625-5217
email: jerry@carmelrentals.net

The Club at Red Haute
Premier designer clothing and accessories boutique
Phone: (831) 625-1645

Lloyd’s Shoes, Carmel
Since 1975
Quality women's footwear from Italy, Spain, Brazil, Asia and the U.S.; beautiful handbags from Italy, Asia and the U.S.; and quality legwear.
Phone: (831) 625-1382
Fax: (831) 625-6045

Paloosh
Fabulous collection of shoes and handbags.
Phone: (831) 626-2773

Ocean Avenue, South Side, between Dolores Street & Lincoln Street:
Classic Art Galleries
Fine art featuring over 100 contemporary artists and one of the largest collections of 19th and early 20th century masters.
Phone: (831) 626-3002
Fax: (831) 626-1393
email: art@classicartgallery.com

Robert Talbott
Neckwear, Dress, Sport & Knit Shirts, Sweaters, Jackets, Trousers, Accessories & Women’s Wear
Toll Free: 1-888-557-0575

St. Moritz Sweaters for Ladies & Gentlemen (Moving soon)
Specializing in men's & ladies sweaters. Fine woolens, merino, alpaca, cottons, cashmere, angora & blends. Sizes S to 3X. USA made & imports from many countries.

Galerie Rue Royal
Fine Art Est. 1915
Unique European and American paintings by famous or classic artists in contemporary works and world-reknown.
Phone: (831) 626-3456

Thomas Kinkade garden gallery Derling Lane
“Painter of Light”
Phone: (831) 626-6700

Galante Vineyards Wine Tasting Derling Lane
Wine Tasting
Jack Galante, Proprietor
Phone: (831) 624-3800
Fax: (831) 624-3200
email: wine@galantevineyards.com

Pat Areias
Jewelry
STERLING BUCKLES, EXOTIC LEATHERS
JEWELRY FOR MEN & WOMEN.
Pat Areias Sterling is a top designer of Handmade Sterling Silver Custom Belt Buckles, Jewelry and Accessories.

B & G Jewelers
Since 1973
Fine estate jewelry store
Family owned and operated by Brothers Peter and Alex Agacanyan.
Phone: (831) 625-2235

Carmel Bakery And Coffee Co.
Since 1906
Specializes in Scottish Shortbread, English Scones, Italian Biscotti and Giant Soft Bavarian Pretzels
Phone: (831) 626-8885 ext. 11

Burns Cowboy Shop (former site of Villeroy & Boch)
Family Owned Since 1876
“COWBOY QUALITY AT ITS BEST”
Phone: (831) 624-4014 or (800) 453-1281
Email: info@burnssaddlery.com
Blog: Danna's Bla Bla Blog for Horse Lovers

BOATWORKS
Apparel, Books, Model Ships, Nautical Décor & Gifts, Nautical Instruments, Unique Memorabilia, Prints & Travel Posters
Phone: (831) 626-1870

Dametra Café
"Like Nowhere Else"
Ristorante Mediterraneo
Owners: Faisal Nimri & Bashar Sneeh
Phone: (831) 622-7766
email: contactus@dametracafe.com

The Pegasus
Blogojce Fine Art
Art Gallery
Phone: (831) 238-2580

Ocean Avenue, South Side, between Lincoln Street & Monte Verde Street:
Carmel Bay Company
“A Contemporary Approach to Eclectic Living”
Bath, Desk, Furniture, Garden, Hats, Bags & Jewelry, Home Décor, Kitchen & Dining, Unique Finds, Wall Décor
Phone: (831) 624-3868
email: info@carmelbaycompany.com

Carmel Valley Coffee Roasting Co.
More than 60 varieties of regular, decaf, flavored, organic, shade-grown and herbal coffee and gifts.
Phone: (831) 626-2913

THE COURT OF THE GOLDEN BOUGH
White Rabbit
One of the largest collections of items from the world of Alice in Wonderland.
Email: support@thewhiterabbit.net
Phone: (831) 626-3236

Arawan Thai Café
Features homestyle Thai cuisine in their cozy dining room or outdoor patio. Dogs are welcome in the patio.
Phone: (831) 625-4331

Expert Alterations By Tuyen
Alterations & Tailoring
Phone: (831) 626-1618

Jane Austen at Home
Antiques and Collectibles
Phone: (831) 622-0997

Mon Amie...a women’s boutique
Women's consignment boutique
Phone: (831) 625-5100

Where The Sidewalk Ends
jewelry gifts fashion
Women’s Clothing
Phone: (831) 625-5065

Kids by the Sea
“A whimsical boutique for boys and girls”
Phone: (831) 624-2221
Fax: (831) 624-2240

Cottage of Sweets
Imported English Candies Custom Chocolates & Fudge
Collection of fudge, locally made chocolates, British sweets, gummis and a wide variety of nostalgic and children's novelty candies and over 50 different types of licorices from all over the world.
Phone: (831) 624-5170
Fax: (831) 620-0106


The Tea Rose Collection
Tea Shop
Specializing in tea related items, teapots, tea cups, accessories
Phone: (831) 624-3097

Material Goods
Ceramic Chickens, Hens, and Roosters by Catherine Hunter
French Guinea Hens by La Pintade
Clay Birds and Owls by Stiles in Clay
Accessories
Phone:(831) 624-0714

Winters Gallery
Fine Art
Specializing in the original diversified work of prominent California and internationally known artists. Featuring original Igor Levashov paintings.
Phone:(831) 626-5452
Cellular: (831)224-5626 or 5627
Fax: (831)626-5429

Candlesticks of Carmel
Funky Furniture, Pebbles, Illume, RosyRing,Votivo, Tapers
Select boutique that offers a variety of candles
Phone: (831) 626-4305
Email: info@candlesticksofcarmel.com

(Last Updated July 17, 2010)

Friday, April 23, 2010

COMMENTARY: The Personal Vendettas of Mayor Sue McCloud

Personal Vendetta: Revenge (synonym vengeance) is a harmful action against a person or group as a response to a (real or perceived) grievance.

Despite Mayor Sue McCloud’s consistent rhetoric for the past ten years about “common sense and mutual respect for one another’s views” and moving “forward together,” Sue McCloud has hyper-polarized our community by vilifying individuals with accusations of “character assassination,” “personal attack,” assailing individuals' arguments as “misinformation” and pursuing personal vendettas.

Case Study I: John Mandurrago, Property Owner and Developer

Years ago as a Planning Commissioner, Sue McCloud wrote and distributed a fax to her fellow planning commissioners regarding a proposed project which concluded “if we all hang together on this we can kill this project.” Not only was this act a violation of the Brown Act, but she later as mayor pursued a personal vendetta against John Mandurrago. In a recent letter to the editor, John Mandurrago explained, as follows:

Having lived and done business in Carmel for over 22 years, I have watched Mayor Sue McCloud pursue personal vendettas and expose Carmel to extraordinary legal liability.

In 1999, for example, a Carmel City Hall employee handed me a fax that was addressed to all planning commissioners discussing one of my projects. The fax was sent by Sue McCloud and, after putting forth substantive arguments against my project, it concluded “if we all hang together on this we can kill this project.”

Several elected Carmel officials told me McCloud’s fax was unethical conduct and a violation of the Brown Act. I was quickly offered a settlement in exchange for not suing the city. This is why McCloud was not reappointed to the planning commission.

Shortly after McCloud was elected mayor, Rich Guillen asked me to meet with him and McCloud at Carmel City Hall. McCloud had a scowl on her face, leaned over the table, and threatened me. She said “things are going to be different from now on.”

Carmel residents and Carmel business owners deserve an ethical mayor. Sue McCloud is not an ethical mayor.


Moreover, John Mandurrago’s Petition filed in Monterey County Superior Court against the City of Carmel-by-the-Sea on February 27, 2009 (M97273), states, as follows:

Carmel’s almost four year delay in certification of the EIR is wholly arbitrary and irrational subjective EIR requirements based on vindictive ill will aimed at Petitioner and his project and is intended to delay and ultimately deny the Project based on animus, ill will and wholly arbitrary and irrational subjective requirements “such as loss of great architecture” when the City has no written regulation, policy, resolution, General Plan, zoning ordinance, or any factual documentation to support this funding of unmitigated substantive adverse impact in the environment pursuant to CEQA.

The above recited actions of Respondents’ and Defendants’ in depriving Petitioner of his state and federal protected constitutional rights were done with evil motive or intent, or with reckless or callous indifference to Petitioner’s rights requiring putative damages to be imposed.


Case Study II: Melanie Billig, President of Flanders Foundation

If the criteria used to determine the fate of the Flanders Mansion Parkland Property had involved the integrity of Mission Trail Nature Preserve and planning policy, namely the elimination of in-holdings, not the creation of in-holdings, then Mayor Sue McCloud would have solicited proposals for the lease use of the Flanders Mansion, placed the proposals on a public meeting agenda for public consideration and negotiated in good faith with representatives of the Flanders Foundation. Instead, for ten years, Mayor Sue McCloud campaigned exclusively for the sale of the Flanders Mansion Parkland Property resulting in two “rubberstamp” city councils voting in 2005 and 2009 to authorize the sale of the Property; and even after a Monterey County Superior Court Judge ruled in 2007 against the City in Flanders Foundation v. City of Carmel-by-the-Sea, et al. (M76728), the mayor continued authorizing expenditures of taxpayer dollars toward the sale of the Property, rather than consider lease options. Therefore, a reasonable inference is that Sue McCloud was guided by personal animosity towards the individual behind the lease use of the Flanders Mansion Parkland Property, Flanders Foundation President Melanie Billig.

Case Study III: Jane Miller, On-Leave Human Resources Manager

In on-leave Human Resources Manager Jane Miller’s court file pertaining to her lawsuit against the City, information shows that four former senior management city employees had claims similar to Jane Miller, namely “hostile” work environment and being force into early retirement, and in at least two of those cases, the city employees waived claims to secure a monetary settlement. Furthermore, in all four cases, the City negotiated with the attorney for the four city employees until a settlement was reached. However, in the case of Jane Miller, the mayor and city council not only failed to response to Jane Miller's attorney’s May 2008 letter and Jane Miller’s October 2008 letter, but they failed to negotiate in good faith prior to Jane Miller filing her lawsuit against the City in June 2009. Additionally, Mayor Sue McCloud demeaned Jane Miller with her dismissive "it's nothing" characterization of Jane Miller's legal complaint. Therefore, a reasonable inference is that Sue McCloud’s decisions were guided by personal animosity towards the individual personifying city employees with complaints regarding “hostile” work environment and being forced into early retirement.

In conclusion, the mayor of Carmel-by-the-Sea is expected to speak to all Carmelites, not merely to her supporters, and build consensus through argument and persuasion - not by vilifying individuals and pursing personal vendettas. Moreover, Mayor Sue McCloud’s personal animus against individuals has guided her governmental decision-making, rather than an objective analysis of the merits of the issues, including the fates of the Walter Burde bank building and Flanders Mansion Parkland Property and the complaints by city employees of sexual harassment, employment discrimination and retaliation. To wit, 736 Carmel voters who voted for mayoral candidate Adam Moniz recognize the aforementioned, while the 847 Carmel voters who voted for incumbent Mayor Sue McCloud will someday in the future have to account for their support of the current mayor of Carmel-by-the-Sea.

Monday, April 19, 2010

Mayoral & City Council Swearing in Ceremony

WHO: Jason Burnett, City Council Member
Paula Hazdovac, City Council Member
Sue McCloud, Mayor

WHAT: Swearing in Ceremony

WHEN: Tuesday, April 20, 2010 @ 3:00 P.M.

WHERE: City Hall Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
Carmel-by-the-Sea, CA.

ADDENDUM: Live and Archived Streaming Media

Friday, April 16, 2010

Commentary: Two heroes named Jane Miller and Stephanie Pearce

THE DEEDS revealed and alleged in on-leave Human Resources Manager Jane Miller’s letter to the Mayor and City Council, dated October 23, 2008, and legal complaint filed June 17, 2009 and Miller, Jane Kingsley v. City of Carmel-by-the-Sea, et al. (M99513) court file are enough to make every Carmelite ashamed of the conduct of City Administrator Rich Guillen, Mayor Sue McCloud and Council Members Paula Hazdovac, Gerard Rose, Ken Talmage and Karen Sharp.

It’s horrible to contemplate what Jane Miller endured for years and years at City Hall. She “watched City Administrator Richard Guillen make professional decisions based upon favoritism, gender, age and inappropriate relationships. Guillen is a manipulative boss who needs attention from and cultivates relationships with women at work into something which can turn them into “work spouses.” When those women respond to his behavior, Guillen rewards them financially and professionally. On the other hand, Guillen gets rid of women employees if they don’t respond to his needs.” In April 2008, City Administrator Rich Guillen told her that he wanted to eliminate her position of Human Resources Manager, although he had no legitimate justifiable budgetary or organizational reason. “In a very poisonous way, Guillen combined work and his version of sexual attraction – frequently calling himself “the boss” as he referred to me as a “hottie” or his “blond worker bee.”” Additionally, “Guillen has made bad decisions regarding salaries and work responsibility based on favoritism that has not only created a discriminatory working environment but also has drained away City funds. The unprecedented raises, benefits and higher “Job Titles” he gave to Christie Miller (between 2003 and 2008, Guillen increased Christie Miller’s salary by about 83%) and Heidi Burch (between 2005 and 2008 Guillen increased Heidi Burch’s salary by about 70%) were decisions that were not supported in the budget or by their qualifications.”

As discouraging as the deeds themselves is the knowledge that City Administrator Rich Guillen has seemingly gotten away with it. He was never placed on administrative leave or terminated and remains city administrator. Moreover, the Mayor and City Council failed to respond to Jane Miller’s letter even in the face of Jane Miller’s plea of “what you cannot do is ignore the conditions that allowed Guillen to do what he has been doing. My career, my health, and the City’s well-being are at stake” and failed to expeditiously conduct a full, objective and independent investigation of her complaints. And so the Mayor and City Council have also seemingly gotten away with it as they have not been held accountable for their unethical, uncaring and incompetent conduct.

The fear that motivated Jane Miller to keep silent over the years, unfortunately, was not unfounded. While she now believes it was “a mistake” to not challenge Guillen “for his inappropriate actions,” her fear appears in retrospect to be well founded given the circle the wagons mentality of the Mayor and City Council and the dismissive “it’s nothing” attitude of Mayor Sue McCloud regarding Jane Miller’s complaint.

So for Jane Miller, her years of silence are understandable. Even now, she surely did not want to file a lawsuit against the City of Carmel-by-the-Sea and revisit what happened to her at City Hall in a forthcoming jury trial on September 20, 2010.

And for former city employee Stephanie Pearce, her recent letters to the editor about Carmel lacking “integrity” describe a city government which is “badly broken.” She recounted “hostile punitive actions” carried out by City Administrator Rich Guillen against long time dedicated city employees (and approved by Mayor Sue McCloud), “personal vendettas” against individual employees and a mayor working “hand in glove” with the city administrator “whose inappropriate and unprofessional relationships have created a city workplace imbued with an atmosphere of stress, hostility and fear.” Moreover, Stephanie Pearce wrote that “the open scandal that has pervaded city hall and demoralized city staff is not just “negativity” that must be kept confidential pending legal resolution. It is an egregious betrayal of the public trust to allow creation and continuance of a hostile workplace environment, showing profound lack of respect for city workers.”

And so for Stephanie Pearce, there was plenty of motivation to let the whole thing stay in the past.

Yet there they were, Jane Miller and Stephanie Pearce, one filing a public lawsuit and the other writing letters to the editor, informing the public of Carmel’s lack of integrity.

For this, Jane Miller and Stephanie Pearce deserve the community’s deepest thanks. They are risking a lot, and they are doing it for everyone else’s honor and integrity.

Thursday, April 15, 2010

FINAL TALLY: 2010 MUNICIPAL ELECTION RESULTS

Election Results 2010
Final Tally


Mayor
Sue McCloud 847 (54%)
Adam Moniz 736 (46%)
Total Votes Cast: 1,583

City Council
Jason Burnett 1182 (47%)
Paula Hazdovac 696 (28%)
Gerard Rose 628 (25%)
Total Votes Cast: 2,506

NOTES: Voter turnout was 59%, with a total of 1,652 ballots cast, according to Assistant City Administrator/City Clerk Heidi Burch.

1,652 ballots cast for 59% voter turnout yields 2,800 registered voters. 69 voters did not vote for mayor and 798 votes which could have been cast for city council were not cast.

Wednesday, April 14, 2010

2010 MUNICIPAL ELECTION RESULTS

Election Results 2010
Mayor
Mayor Sue McCloud 789 (54%)
Adam Moniz 674 (46%)
Total Votes Cast: 1,463

City Council
Jason Burnett 1081
Paula Hazdovac 646
Gerard Rose 588

ADDENDUM:
Carmel-by-the-Sea Municipal Election
April 8, 2008
Official Final Election Results


The Official Final Election Results for the Carmel-by-the-Sea Municipal Election, April 8, 2008, consisted of a 49% turnout with 1373 total ballots cast of 2781 registered voters.

Sue McCloud garnered 926 of 1238 total votes cast; none of the council member candidates garnered more than 784 votes.

Monday, April 12, 2010

VOTE YOUR CONSCIENCE...

VOTING YOUR CONSCIENCE MEANS:

VOTE with the understanding that the public trust can only be preserved if public officials make informed decisions that reflect core ethical principles.

VOTE with the understanding that we hold ourselves and our public officials accountable for ethical principles of honesty, fairness and caring.

VOTE with the understanding that public officials should make decisions based on what is good for the community, not on what is good for the elected officials’ own individual interests.

VOTE with the understanding that public officials should use logic, involving critical thinking, and understand logical fallacies. The use of logical fallacies violates the basic rule of ethics, namely respecting the dignity of others and treating people as ends rather than as means. Treating people as ends, not means, means officials do not manipulate citizens’ thoughts, feelings and prejudices for their own ends.

VOTE with the understanding that public officials are not to engage in or encourage ad hominem argument, that is, criticizing or personally attacking an argument’s proponent in an attempt to discredit the argument by distracting attention away for the substance of the argument.

VOTE with the understanding that those we elect to our city council reflect our own ethical values, or lack of ethical values.

NOTE: Election Day, Tomorrow, Tuesday, April 13, 2010; Polls open 7:00 A.M. – 8:00 P.M. at Sunset Center, E/s San Carlos St. @ 9th Av., Carmel-by-the-Sea, CA.

Friday, April 09, 2010

Miller, Jane Kingsley v. City of Carmel-by-the-Sea (M99513): Trial Date Set

ABSTRACT: At about 9:30 A.M. today, after private consultation with attorneys Michael Stamp (attorney for Plaintiff Jane Miller) and Richard Harray (attorney for Defendant City of Carmel-by-the-Sea), Honorable Larry E. Hayes announced court dates for Miller, Jane Kingsley v. City of Carmel-by-the-Sea (M99513), as follows:

Thursday, August 19, 2010: Settlement Conference and Trial Readiness, Courtroom 4, East Wing, 2nd Floor, Salinas Court Complex

Thursday, September 16, 2010: Calendar Call, Courtroom 4, East Wing, 2nd Floor, Salinas Court Complex

Monday, September 20, 2010 @ 8:30 A.M.: Jury Trial, 3-4 weeks duration, Courtroom 4, East Wing, 2nd Floor, Salinas Court Complex

ADDENDUM:
Superior Court of California, County of Monterey Local Rules of Court
January 1, 2010
CHAPTER 6
CIVIL DEPARTMENT

Thursday, April 08, 2010

‘MINUTES’ for Five Noteworthy 6 April 2010 City Council Agenda Items

“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, April 6, 2010

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

C. Announcements from City Administrator

3. Receive update on San Antonio Walkway.


City Administrator Rich Guillen presented the update.

The San Antonio Walkway project will be constructed from the Pebble Beach/Carmel Gate to 4th Avenue, along the 4th Avenue pathway over the dunes and stairway to the Carmel Beach. The California Coastal Commission approved the coastal permit on March 11, 2010; the Commission required a boardwalk across the sand dunes despite the City's objections. The modified plans need to be updated by the Pebble Beach Company and once the revised plans are completed, the permit will be transmitted to City. It is anticipated that pathway construction between the Gate and 4th Avenue will be completed prior to the U.S. Open (completed by the end of May 2010).

Note: CENTRAL COAST DISTRICT
Application No. 3-10-003 (Pebble Beach Co., Monterey Co.) Application of Pebble Beach Co. to construct new pedestrian trail segment and improve existing trails to connect Del Monte Forest trail system to Carmel Beach as part of the California Coastal Trail (includes trail and new stairway improvements in the Forest, and decomposed granite walkway along North San Antonio Ave., new boardwalk, and new stairway access in City of Carmel) near the Carmel gate into the Del Monte Forest, Carmel, Monterey County. (KM-SC) [APPROVED WITH CONDITIONS]
(Source: California Coastal Commission, March 2010 Agenda)

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 expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence.


H. Consideration of a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction in an amount not to exceed $12,400.

K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.

A Widewaters representative read a letter from Kevin Kane, the development manager of the Widewaters Group, requesting the City Council postpone any formal action on the proposed Villas de Carmelo project until after the revised Draft EIR is completed in April 2010.

Mayor McCloud opened the meeting to public comment.

Carmel-by-the-Sea resident Monte Miller expressed support for item G, namely a Resolution expressing opposition to the proposed Villas de Carmelo project. He asked if the Resolution will be forwarded to the Board of Supervisors and/or County Planning Commission. City Administrator Rich Guillen stated it would be sent to the Board of Supervisors.

Carmel resident Mark Bayne expressed support for item G and against postponing a vote on the Resolution because the fundamental nature of the project is unchanged and only minor administrative changes to the revised DEIR are expected.

Mayor McCloud closed the meeting to public comment.

Council Member TALMAGE moved to approve Consent Agenda Items A-K, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

IX. Ordinances
B. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).


Planning and Building Services Manager Sean Conroy presented a powerpoint presentation of slides on The Mills Act, Flexibility (Act allows each city to customize program to suit local needs), State Requirements, City Ordinance (part of LCP) and HRB & Planning Commission Review. The Historic Resources Board (HRB) and Planning Commission were unanimous in that Mills Act Contracts “should be prioritized for properties with substantial rehabilitation need.” Mills Act Contracts are offered for qualified residential properties and only commercial properties with affordable housing.

To questions from Council Member Paula Hazdovac, Planning and Building Manager Sean Conroy stated that there are approximately 290 properties on the Carmel Historic Inventory, of which 40-50 are commercial properties, and 15 properties (all residential) are currently on the Carmel Register. The decrease in tax revenue to the City is estimated at $1,000-$3,000 per property per year. ($1,000 based on $800,000 assessed value)

Mayor McCloud opened the meeting to public comment.

Carmel-by-the-Sea resident Monte Miller recommended approval of the Ordinance.

Erik Dyar, HRB Chair and architect, expressed support for the Ordinance and the HBR’s unanimous support for the contract for properties with substantial rehabilitation needs.

Mayor McCloud closed the meeting to public comment.

Council Member Talmage expressed a need for a financial analysis of properties. He expressed a concern of a potential loss of revenue to the City of more than $1 million based on 20 year contracts and 75 properties with Mills Act Contracts. He expressed interest in a Mills Act Contract for commercial properties and possibly include hotels based on increased TOT revenues from remodeled hotels.

Council Member Rose also expressed support for a financial analysis, Mills Act Contracts for historic buildings and hotels and the development of a mechanism for selecting the mix of properties to be given Mills Act Contracts.

Erl Lagerholm, Erik Dyar and Mark Bayne addressed the Council.

Planning and Building Services Manager Sean Conroy stated that the City of Monterey has less than 10 Mills Act Contracts offered to both residential and commercial property owners. It is an “underutilized tool” in most communities offering Mills Act Contracts.

Council Member TALMAGE moved to continue an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance for the purpose of receiving financial information and ramifications for a mix of residential, commercial and hotel properties with a report next month, seconded by Council Member ROSE, and carried by the following roll call:

AYES: COUNCIL MEMBERS: ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: HAZDOVAC
ABSENT: COUNCIL MEMBERS: NONE

Wednesday, April 07, 2010

Carmel Art Association Presents WAGSTAFF & TETTE TWO PERSON SHOW “SEASONS” AND PLAMONDOM’S SOLO SHOW

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 WAGSTAFF & TETTE TWO PERSON SHOW “SEASONS” AND PLAMONDOM’S SOLO SHOW

Thursday, April 8 – May 4, 2009

TWO PERSON SHOW “SEASONS” (Center Room):
Painters Jan Wagstaff and Richard Tette exhibit interpretations of the landscape depicting observations of time and seasons of the year.

View painter Jan Wagstaff’s Education, Employment, Professional and Community Activities, Selected Solo Exhibitions, Selected Group Exhibitions, Awards and Selected Public and Private Collections and four oil paintings, including "Celedon Hearts," "Echo," "Rivers of Grass" and "Dreaming in Color." View preview of SEASONS, eight oil paintings, including "Turning," "Between Seasons," "Seasons," "Molera," "Guadalupe," "Lone Tree," "Evening" and "Wall."

View painter Richard Tette’s brief biography and four oil paintings, including “River Bouquet" “"Passing Storm" “Dark Forest” and “Summer Creek.View preview of SEASONS, eleven oil paintings, including "The Old Fence," "East Salinas Valley," "Boundary," "Late Bloomers," "Tranquility," "Off the Main Road," "Halfway to Half Moon Bay," "Summer Silence," "Muddy Water," "Elkhorn" and "Lakeside."

SOLO SHOW (Beardsley Room South Wall):
Painter Peter Plamondom exhibits new still life paintings. View Peter Plamondon’s Education, Solo Exhibitions, Group Exhibitions, Selected Collections, Grants and Fellowships and five still life paintings, including "White China on Quilt," "Chinese Bowls & Cups on Kimono," "White Pitchers," "Bowls & Cups on Red & Yellow Floral" and "Green and Blue on Stripes."

Opening Reception - Saturday, April 10, 6:00 to 8:00 P.M.

ADDENDUM:
Special Presentation: Informal Talk
Still life painter Peter Plamondon talks about his work and his unique process of setting up for a painting.
Wednesday, April 21, 2010 @ 7:00 P.M.
Free of Charge, No Reservations Necessary

Monday, April 05, 2010

Five Noteworthy 6 April 2010 City Council Agenda Items

ABSTRACT: Five noteworthy 6 April 2010 City Council Agenda Items, namely Receive update on San Antonio Walkway from the City Administrator, a Resolution expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence, a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction, a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010 and an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance, are presented. Selected excerpts from the Agenda Item Summaries, Staff Reports, Resolution, Ordinance and Exhibit “A” of Mills Act agenda item are presented; photos of Forest Theater repairs and Mary DeNeale Morgan paintings are presented for illustration purposes.

AGENDA
Regular Meeting
Tuesday, April 6, 2010
4:30 p.m., Open Session

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Live and archived video streaming

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

C. Announcements from City Administrator

3. Receive update on San Antonio Walkway.


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 expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence.

Description: The Villas del Carmelo project is proposed on the Carmel Convalescent Hospital site, just outside the City limits. The project proposes the adaptive reuse of the two existing historic buildings and the construction of several new buildings to accommodate 46 residential units and associated improvements. This Resolution expresses opposition to the project based on potentially significant impacts to the City residents and the City’s Sphere of Influence.

Staff Recommendation: Adopt the Resolution.

Important Considerations: A Draft Environmental Impact Report (DEIR) was circulated from April 17th through June 5th, 2009. The City submitted a comment letter on the DEIR on June 3, 2009, expressing concern about several aspects of the project including its effect on aesthetics, cultural resources, land use/planning, and transportation.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY THE SEA EXPRESSING OPPOSITION TO THE VILLAS DE CARMELO PROJECT PROPOSED AT 24945 VALLEY WAY IN THE CITY’S SPHERE OF INFLUENCE.

WHEREAS, the proposed project is inconsistent with Policy P1-127 of the Land Use Element of the General Plan that encourages areas in the Sphere of Influence to continue the existing pattern of low density development; and

WHEREAS, the proposed project is inconsistent with Objective O1-23 of the Land Use Element of the General Plan that encourages the City to support efforts to reduce congestion on Highway One; and

WHEREAS, the proposed scale and density of the project is inconsistent with the character of the surrounding neighborhood; and

WHEREAS, the project will create negative traffic and circulation impacts on the residents in the area; and

WHEREAS, the project will degrade streets maintained by the City of Carmel-by-the-Sea; and

WHEREAS, the project has the potential of significantly impacting the existing historic buildings on the site; and

WHEREAS, the project requires the removal of significant Monterey Pine and Coast Live Oak trees that should be preserved.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

Adopt a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of April 2010 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_______________________
Heidi Burch, City Clerk

H. Consideration of a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction in an amount not to exceed $12,400.

View of Forest Theater Stage Floor, in progress

Materials, plywood and board

Description: The plywood overlay on the Forest Theater stage floor deteriorated and needed repairs. This plywood is part of the normal maintenance repairs made to the stage from time to time. KNA Construction was hired on a time and material basis to remove the weathered 5/8-inch plywood overlay and they replaced it with new plywood. After the old plywood was removed, it was discovered that repairs were needed to the 2-inch-by-6 inch Douglas fir underdecking that was damaged by dry rot in several places.

Overall Cost:
City Funds: $12,400
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The existing plywood overlay was installed eight years ago. It was overdue for replacement and more so, considering that there are many areas of dry rot. The dry rot has contributed to the 2” x 6” decking deterioration.

Decision Record: No prior action was taken by the City Council on the proposed theater stage repairs.

K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.

Artist: Mary DeNeale Morgan
Title: “Cypress, Monterey Coast
Date: Unknown
Medium: Oil on Canvas
Dimensions: 40’ high x 50” wide

Artist: Mary DeNeale Morgan
Title/Description: "Cypress Trees by the Seashore"
Date: Unknown
Medium: Oil on Board
Dimensions: 24’ high x 30” wide

Description: The Hearst Art Gallery of Saint Mary’s College of California has requested permission to borrow two paintings by early California artist Mary DeNeale Morgan for an exhibition that will run from July 25 through September 19, 2010.

The paintings will be hung, using archival standards, in a climate-controlled, secure facility. They will be fully insured by the Hearst Art Gallery for the entire loan period and packaged and transported by trained, experienced Hearst Art Gallery staff.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution

Important Considerations: Loans such as this foster collaboration and strengthen professional relationships between institutions and generate positive publicity for the lender.

Decision Record: In 2000 “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters was loaned for four months to the Monterey Museum of Art for the exhibition, “Painting of the Monterey Adobes: A Walking Tour”.

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JANET CUBBAGE, LIBRARY DIRECTOR
DATE: MARCH 9, 2010
SUBJECT: CONSIDERATION OF A RESOLUTION TO LEND
TWO MARY DENEALE MORGAN PAINTINGS TO
HEARST ART GALLERY, SAINT MARY’S COLLEGE
OF CALIFORNIA, FROM JULY 15 THROUGH
SEPTEMBER 30, 2010.

RECOMMENDED MOTION
Adopt a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 – September 30, 2010.

BACKGROUND
In January 2010, Julie Armistead, Collections Manager / Registrar for the Hearst Art Gallery of Saint Mary’s College in Moraga, California, submitted a formal request to borrow two Mary DeNeale Morgan paintings, one titled “Cypress, Monterey Coast”, which hangs in the Main Library lobby, and the other, “Cypress Trees by the Seashore”, which hangs in the Sunset Center lobby, for an exhibition titled “Delicate Strength: Early California Paintings by Annie Harmon, Mary DeNeale Morgan, and Marion Kavanagh Wachtel”. The three artists featured in the exhibition all studied under William Keith, an important early California landscape artist whose works form the heart of the Hearst Art Gallery collection.

Important points to consider regarding the request from Hearst Art Gallery:

• Hearst Gallery environmental conditions with regard to temperature and relative humidity are maintained according to archival standards.

• The paintings will be secured with standard museum quality hanging tools.

• The mounting and display process will not affect the condition of the paintings.

• The gallery space is fully alarmed and equipped with closed circuit TV cameras, magnetic contacts and microwave motion detectors, with additional security provided by Hearst Art gallery staff.

• The paintings will be fully insured for the full loan period under the fine arts policy carried by Saint Mary’s College.

• Packing and transportation of the paintings will be done under the supervision of Ms. Armistead by Hearst Art Gallery staff experienced in handling and moving artwork.

The dates of the requested loan period for the paintings are July 12 through October 1, 2010.

The Harrison Memorial Library Board of Trustees approved the loan of “Cypress Monterey Coast”, the painting that hangs in the Main Library, during its January 21, 2010 regular meeting.

FISCAL IMPACT
None. The Hearst Art Gallery will be responsible for all costs, including transportation and insurance.

SUMMARY
Requests to borrow City works of art have been rare; however, occasional loans have been made. In 2000, “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters, was loaned for four months to the Monterey Museum of Art for an exhibition, “Painting of the Monterey Adobes: A Walking Tour”.

Loans such as this foster collaboration. They strengthen professional relationships between institutions and enable them to offer services beyond what they could provide using their own resources. They also generate positive publicity for the lender while giving people in other areas a chance to view and appreciate works of art they might otherwise not see.

IX. Ordinances
B. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).


Description: This proposal would amend the application requirements of the Mills Act to eliminate some of the existing standards and to place an emphasis on rehabilitation as a basis for contract approval.

Staff Recommendation: Approve the Ordinance (First reading).

Important Considerations: The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act.

For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment. The jurisdiction benefits by having historic resources maintained and enhanced, while the property owner benefits by having a reduced tax burden.

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMEBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 6 APRIL 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE. (FIRST READING)

BACKGROUND & DESCRIPTION
The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act. For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment.

The jurisdiction benefits by having historic resources rehabilitated and maintained, while the property owner benefits by having a reduced tax burden.

As part of the approval of the City’s Local Coastal Program (LCP) in 2004, the updated Historic Preservation Ordinance offers Mills Act contracts as a potential benefit to property owners of historic resources. CMC Section 17.32.100.B establishes criteria that an applicant must meet in order to qualify for a contract. Some of the criteria have proven to be problematic and have made qualifying for a contract difficult.

The proposed amendments (Exhibit “A”) would revise the criteria to eliminate some of the more problematic standards and to favor projects that have a demonstrable rehabilitation need. Staff has also attached a copy of the California Government Code relating to the Mills Act for the Council’s reference (Exhibit “B”).

PROCESS
The proposed ordinance would amend the Zoning Ordinance/Local Coastal
Implementation Plan and requires review by the Historic Resources Board (HRB), Planning Commission (PC), City Council and the California Coastal Commission.

The HRB and Planning Commission unanimously recommended adoption of the attached ordinance on 25 January 2010 and 10 March 2010 respectively.

EVALUATION
The primary focus of the HRB and PC’s review of the Mills Act was based on the following policy question:

“Should Mills Act Contracts be offered primarily to properties with significant rehabilitation needs or should they be offered to all historic properties?”

Response: The HRB and PC determined that the Mills Act program should be used primarily as a tool to assist in the rehabilitation/restoration of degraded historic properties. Properties that have a demonstrable rehabilitation need should be given preference over properties with little or no rehabilitation needs. In that way, contracts that the City approves would result in rehabilitated and restored historic properties.

Focusing on rehabilitation would benefit not only the property owner, but also the surrounding neighborhood and the City as a whole. Offering contracts to properties with little or no need for rehabilitation would have less of a benefit to the community and may not justify the reduction in tax income to the City. The proposed amendments would require an applicant to clearly demonstrate how the tax reductions are necessary to assist in the rehabilitation of the property. Staff concurs with the recommendation of the HRB and PC.

A Carmel resident has submitted several documents related to the Mills Act for the Council’s review (see Exhibit “C”). It is this resident’s opinion that the City cannot restrict contracts to only properties that require rehabilitation since the Government Code allows for contracts for historic properties that may or may not require restoration and rehabilitation.

Staff does not concur with this opinion. While it is true that the Government Code allows the City to offer contracts to all historic properties, it is completely discretionary by the City to determine what types of properties are approved for contracts.

Budget Considerations: Based on the value of a property receiving a Mills Act Contract, and the property’s current tax rates, staff estimates that the granting of a Mills Act Contract would result in a decrease in tax revenue to the City of between $1,000 to $3,000 dollars.

The proposed Mills Act requirements limit the number of historic properties that could potentially qualify for a contract. However, if the Council is still concerned about potential financial impacts, a cap could be established that limited the number of contracts that could be approved during any given fiscal years. Many communities that offer Mills Act Contracts have established similar caps.

RECOMMENDATION
Approve the Ordinance amending the Mills Act requirements on first reading.

Exhibit “A”City Mills Act Requirements (revisions shown in strikeout (noted as Strikeout at beginning and end) and underline (noted in bold))
B. Mills Act Historical Property Contracts. (CMC 17.32.10)
1. Purpose.
The primary purpose for offering Mills Act contracts in the City of Carmel-by-the-Sea is to assist in the rehabilitation and long-term maintenance of historic resources.

5. Applications.
b. The following materials are required for a complete application:
iii. A rehabilitation and maintenance plan for the historic resource prepared or reviewed by a qualified professional together with a cost estimate of the work to be done attached and labeled as “Exhibit B.”
iv. Photos of the exterior of the property attached as “- to assist in the rehabilitation and maintenance of the property attached as “Exhibit D”.

6. Review Process.
c. To grant approval of a Mills Act contract, the Board and City Council shall make all of the following findings:

ii. The proposed rehabilitation and maintenance plan is appropriate in scope and sufficient in detail to guide long-term maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property.

iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:

(A) Comply with the Secretary’s Standards (future additions only), Strikeout and do not affect the basic form and design of the original historic resource Strikeout, and
(B) Do not significantly alter affect any primary elevation, and

Strikeout (C) Do not alter, damage or diminish any character-defining feature, Strikeout and

-(D) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource,

Strikeout (F) Meet all zoning standards applicable to the location of the property. Strikeout
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and/or maintaining the historic resource Strikeout and/or will offset potential losses of income that might otherwise be achieved on the property. Strikeout

Thursday, April 01, 2010

Case Management Conference: Miller, Jane Kingsley vs City of Carmel-by-the-Sea (M99513)

UPDATE: Today, April 1, 2010, the Case Management Conference scheduled for tomorrow, April 2, 2010 was taken "off calendar." The new date for the Case Management Conference is next Friday, 9 April 2010, 8:45 A.M., Courtroom 4, Salinas Court Complex, East Wing, 2nd Floor, Hon. Larry E. Hayes.

Press Release
06/09/2005
Governor Schwarzenegger Appoints Larry Hayes to the Monterey County Superior Court


Governor Arnold Schwarzenegger today announced the appointment of Larry E. Hayes to a judgeship in the Monterey County Superior Court. Hayes, 59, of Carmel Valley, has served as a shareholder and attorney at Fenton & Keller since 1980. Since 1995, he has specialized in serving as a plantiffs' personal injury lawyer and has also handled business and real estate litigation matters during that time. Previously, Hayes focused his practice on insurance defense. Hayes began his career as a deputy sheriff in Ventura County from 1968 to 1977. He is also an active member of the community, serving as a volunteer with Boy Scouts of America and previously as a volunteer with Special Olympics. Hayes earned his Juris Doctorate degree from Santa Clara University School of Law and Bachelor of Science degree from California Lutheran College. He fills the vacancy created by the retirement of Judge John M. Phillips. Hayes is a Republican.