The City of Carmel-by-the-Sea’s Code of Ethics states, as follows:
Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).
(Source: Carmel-by-the-Sea Municipal Code)
The Employment Agreement between City Administrator Richard I. Guillen and the City of Carmel-by-the-Sea states, in part, as follows:
EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY") and RICHARD I. GUILLEN ("EMPLOYEE")
AGREEMENT
A. DUTIES
1. CITY agrees to employ RICHARD I. GUILLEN as City Administrator of the City of Carmel-by-the-Sea to perform the functions and duties specified in the ordinances and resolutions of the CITY, and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign.
2. EMPLOYEE shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all rules and regulations established by the CITY.
EVIDENCE:
Assertion, “under penalty of perjury under the laws of the State of California,” by City Administrator Rich Guillen:
“I am not an attorney and have no legal training.” (SUPPLEMENTAL DECLARATION OF RICH GUILEN, November 13, 2009, page 69, Miller 2 of 2)
Guillen’s Assertion contradicted by Michael Stamp, Attorney representing former Human Resources Manager Jane Miller:
"Mr. Guillen’s statement that he has “no legal training” is not truthful: Mr. Guillen attended law school for two years, speaks frequently about his experience there, and claims to have a continuing interest in all things legal. He also has a great deal of familiarity in public agency litigation, including direct involvement in extensive personnel litigation with Liebert Cassidy while Guillen worked as a top official in the City of Seaside City Manager’s Office. Guillen’s legal training comes from law school, direct professional managerial involvement in two different cities, and on the job training as the City’s top professional administrator."
"Mr. Guillen’s claim of ignorance of the law says volumes about the insufficiency of the City’s showing and the lack of credibility."
(PLAINTIFF’S CLOSING MEMORANDUM OF POINTS AND AUTHORIES IN REPLY TO CITY’S BRIEFING, December 4, 2009, page 126, Miller 2 of 2)
Assertions, “under penalty of perjury under the laws of the State of California,” by City Administrator Rich Guillen:
Greg D’Ambrosio (“Employee Number 1”)
"In 2003, Greg D’Ambrosio was the Assistant City Administrator and had worked for the City for 23 years. I do not recall Mr. D’Ambrosio ever making any allegation or claims that he felt he was being harassed or treated in any particular manner because of member in any protected status. Mr. Stamp contacted me in 2003, told me he represented Mr. D’Ambrosio and that Mr. D’Ambrosio wanted to retire and receive the golden handshake. Mr. Stamp did not make any allegations of discrimination on Mr. D’Ambrosio’s behalf, and I understood that Mr. D’Ambrosio had retained Mr. Stamp to help him navigate the complexities of PERS."
(DECLARATION OF RICH GUILLEN, October 13, 2009, page 235 – 236, Miller 1 of 2)
Brian Donoghue (“Employee Number 2”)
"In 2003, Brian Donoghue was employed as the City’s Community and Cultural Director and had worked for the City for 13 years."
"Mr. Stamp contacted me in 2003, told me her represented Mr. Donoghue and that Mr. Donoghue wanted to retire and receive the golden handshake. Mr. Stamp did not make any allegations of discrimination on Mr. Donoghue’s behalf, and I understood that Mr. Donoghue had retained Mr. Stamp to help him navigate the complexities of PERS."
(DECLARATION OF RICH GUILLEN, October 13, 2009, pages 236 – 237, Miller 1 of 2)
Margaret Pelikan (“Employee Number 3”)
"In August 2006, Mr. Stamp emailed me that he represented Margaret Pelikan, who at that time was employed as the City’s Library Director. Mr. Stamp stated in the email that Ms. Pelikan was turning 55 in June and that she would like to retire with the golden handshake and receive paid leave and annual performance bonus…Prior to being contacted by Mr. Stamp on Ms. Pelikan’s behalf, Ms. Pelikan had never made any allegation, to my knowledge, that she was being treated differently based on her gender or forced to retire. I understood that Ms. Pelikan had retained Stamp to help her navigate the complexities of PERS and of obtaining paid leave within the legal constraints applicable to public employment."
(DECLARATION OF RICH GUILLEN, October 13, 2009, pages 237 – 238, Miller 1 of 2)
Sandy Farrell (“Employee Number 4”)
"In February 2008, Mr. Stamp contacted me by email stating that he represented Sandy Farrell, who was working as an Executive Assistant for the City...Mr. Stamp conveyed to me that Ms. Farrell wanted to retire and wanted the golden handshake. At this point, Ms. Farrell had worked for the City for 25 years."
"...Mr. Stamp never mentioned during any of our discussions regarding Ms. Farrell, any “possible allegation” or “possible claims” of Ms. Farrell. Nor had Ms. Farrell made any claims or allegations about being “forced into early retirement.” …I understood that Ms. Farrell had retained Stamp to help her navigate the complexities of PERS and of obtaining paid leave within the legal constraints applicable to public employment."
(DECLARATION OF RICH GUILLEN, October 13, 2009, pages 238 – 239, Miller 1 of 2)
"...I viewed Mr. Stamp’s involvement in the retirements of Mr. D’Ambrosio and Mr. Donoghue as beneficial for the City, because the employees wanted to retire, and the City had put in place a golden handshake in order to encourage early retirements, and Mr. Stamp was simply facilitating a result that was positive for the City."
"I viewed Mr. Stamp’s involvement as beneficial for the City, because he was facilitating early retirements that were saving the City in personnel costs."
(SUPPLEMENTAL DECLARATION OF RICH GUILEN, November 13, 2009, page 69, Miller 2 of 2)
Guillen’s Assertions Contradicted by Michael Stamp, Attorney representing former Human Resources Manager Jane Miller:
EVIDENTIARY OBJECTIONS TO THE GUILLEN DECLARATION, October 22, 2009:
OBJECTION NO. 1
Statement objected to: “In August 2006, Mr. Stamp emailed me that he represented Margaret Pelican, who at that time was employed as the city’s Library Director. Stamp stated in the email that Pelikan was turning 55 in June and that she would like to retire with the golden handshake and would like to receive paid leave and her annual performance bonus.” (Guillen Declaration)
"Grounds for objection: Mr. Guillen’s characterization of the email from Stamp is not accurate and is hearsay...The email makes no mention of the “golden handshake,” mentions a possible “release of claims,” and seeks, inter alia, 18 months’ salary and benefits to be paid by the City. The characterization by Guillen is undeniably inaccurate."
OBJECTION NO. 2
Statement objected to: “In February 2008, Mr. Stamp contacted me by email stating that he represented Sandy Farrell, who was working as an Executive Assistant for the City, and that he would like to meet with me to discuss her employment. Mr. Stamp conveyed to me that Ms. Farrell wanted to retire and wanted the golden handshake.” (Guillen Declaration.)
"Mr. Guillen’s characterization of the email is hearsay and misleading. Mr. Guillen’s testimony inserts this sentence into the email: “Ms. Farrell wanted to retire and wanted the golden handshake” (which is not in the email and was not communicated). He uses that made-up sentence to take the place of the actual text...'I am available to come to your Office, or to meet here in Monterey if that is more convenient.'"
(EVIDENTIARY OBJECTIONS TO THE GUILLEN DECLARATION, October 22, 2009, pages 286 – 287, Miller 1 of 2)
"Because that claim by the City was meritless, the City then tried to claim that the 2003 to 2008 representation of four senior City employees by Mr. Stamp did not involve claims by the employees, or that the City offered the employees a “golden handshake” or that the employees hired Stamp because of the complicated PERS issues. Miller demonstrated that the City was not telling the truth, that the employees raised claims of a “hostile” work environment and of gender-based discrimination, as well as claims of forced retirement, and that the emails relied upon by Guillen as proof did not say what Guillen claimed."
(PLAINTIFF’S CLOSING MEMORANDUM OF POINTS AND AUTHORIES IN REPLY TO CITY’S BRIEFING, December 4, 2009, page 125, Miller 2 of 2)
"In 2002, I represented the first of the four Carmel employees referenced in the pleadings filed in this case. At no point did I communicate to Mr. Guillen or anyone that my clients wanted “Golden Handshakes,” or that I was retained as a PERS expert. The claims of my clients went far beyond the handshakes, and I have never tried to be or act as a PERS expert. Mr. Guillen told me that Jane Miller was the most knowledgeable person at Carmel City Hall about PERS and she handled the PERS issues in all four settlements, including the necessary City Council approvals."
"There is no doubt that the four Carmel employees all raised significant claims that went beyond what the City had offered them, and that Mr. Guillen was fully aware of those claims and issues. The claims included hostile work environment, Mr. Guillen’s favoritism toward select females, and age and gender discrimination. Mr. Guillen and I talked about those claims, and he and I negotiated settlements. There is nothing in my history with Mr. Guillen or in any other communication that ever took place that would reasonably suggest to Mr. Guillen that I was not willing to litigate those very claims against the City if they could not be settled."
(DECLARATION OF MICHAEL W. STAMP, December 4, 2009, page 148 -149, Miller 2 of 2)
Guillen’s Assertions Contradicted by former Human Resources Manager Jane Miller:
"Between 2003 and 2008, I participated in the matters raised by Mr. Stamp on behalf of the four other senior employees who hired Mr. Stamp as their attorney to address serious personnel matters. I spoke directly with Richard Guillen on those matters. In all four matters, I was the person who handled the PERS issues for the City and the employees. The PERS issues were not complicated issues, and there would have been no need for an employee to hire an attorney on those PERS matters. Mr. Guillen never indicated in any way to me that Mr. Stamp was working on PERS issues."
"I knew while the four employee matters were being negotiated that at least two of the four senior employees raised serious issues about hostile work environment and discriminatory treatment in the workplace, and that the other two raised issues about punitive and arbitrary treatment by the City as part of their issues about being forced from their employment by the City. I discussed those matters with Mr. Guillen."
"...These four settlements were not “golden handshakes,” contrary to what Guillen has now claimed in this litigation. I am the person who prepared the financial analysis for each of the settlements, and I presented the information to Guillen. All four matters involved significant compensation, including cash payments or severance pay, that were not available otherwise."
(DECLARATION OF JANE KINGSLEY MILLER, December 4, 2009, page 155 – 156, Miller 2 of 2)
Guillen’s Assertions Contradicted by Honorable Larry E. Hayes, Judge, Superior Court of Monterey County:
"The City had actual knowledge of any claim of a potential conflict beginning in 2003 when Mr. Stamp represented the first senior City employee in his employment claims against the City. Between 2003 and 2008, Mr. Stamp represented an additional three senior City employees in their employment claims against the City."
"...Mr.Stamp, over a period of five years, represented four senior City employees with claims similar to Ms. Miller."
"The Court finds that City Administrator Richard Guillen and City Attorney Don Freeman knew about the former representations during the pertinent time period. The weight of the evidence shows that those individuals would have had specific knowledge about those former representations..." (ORDER AFTER HEARING, Hon. Larry E. Hayes, February 3, 2010, pages190 - 191, Miller 2 of 2)
Conclusion
In closing, the weight of the evidence shows that City Administrator Rich Guillen violated the City of Carmel-by-the-Sea’s Code of Ethics by not demonstrating “competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all” and violated his Employee Agreement with the City by not adhering to “the highest professional and ethical standards” and complying with “all rules and regulations established by the CITY.” Moreover, City Administrator Rich Guillen’s dishonesty, disrespect for the law, specifically the rights of city employees, and failure to take responsibility for his unprofessional and unethical conduct demonstrate that he cannot continue in a position of public trust. Therefore, it is incumbent on the City Council to meet in closed session and vote to terminate City Administrator Rich Guillen from employment with the City of Carmel-by-the-Sea.
NOTE: Jane Miller, former Human Resources Manager, was the fifth senior city employee to hire attorney Michael Stamp and make serious claims against the City. The first four matters settled, with the Mayor and City Council agreeing to pay in excess of $500,000 total compensation between 2003 and 2008. Recently, the Mayor and City Council unanimously agreed to pay in excess of $600,000 total compensation to Jane Miller.
Saturday, July 31, 2010
Thursday, July 29, 2010
INTENDED DECISION: Mandurrago, John et al. v. City of Carmel-by-the-Sea et al. (M102802)
ABSTRACT: In Monterey County Superior Court Judge Lydia Villarreal’a Intended Decision, Judge Villarreal determined that the Plaza del Mar Project “does not meet the definition of a housing development project under the Housing Act” and “the Court need not address Petitioners’ other contentions at this time.” Therefore, Petitioners’ request for relief was denied. Selected excerpts from the Intended Decision, as follows:
Standard of Review
The Court’s review is limited to ascertaining whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law of the decision is not supported by substantial evidence. This standard governs the review of Carmel’s compliance with CEQA, the Housing Accountability Act and the Density Bonuses and Other Incentives statute.
(A). CEQA issues
(1). Res judicata and collateral estoppel
The City’s CEQA Findings and evidence describe in sufficient detail the significance of the Burde building and explain the reasons underlying the City’s conclusion that the Burde building is “architecturally and visually distinctive” and that its loss “would constitute a significant impact on visual quality,” and the Court finds that substantial evidence supports the City’s findings.
(B). Housing Act issues
(1). Compliance with the Housing Act
The Court finds that this Project to date, (1) does not limit the commercial uses on the first floor to neighborhood commercial uses that service primarily residents of the neighborhood; and (2) visitors/vacationers residing in neighboring lodging are not City residents and would be using the Project’s underground parking.
The Court finds that the Project at this juncture, does not meet the definition of a housing development project under the Housing Act.
Disposition
The foregoing discussion and findings are dispositive and the Court need not address Petitioners’ other contentions at this time.
Petitioners’ request for relief is denied as set forth above. The Court directs the attorney for the City to prepare an appropriate judgment consistent with this ruling, present it to all counsel for approval as to form, and return it to this court for signature.
Dated: 7/21/10
HON. LYDIA VILLARREAL
Judge of the Superior Court
INTENDED DECISION 07 21 10 _00202003_
Standard of Review
The Court’s review is limited to ascertaining whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law of the decision is not supported by substantial evidence. This standard governs the review of Carmel’s compliance with CEQA, the Housing Accountability Act and the Density Bonuses and Other Incentives statute.
(A). CEQA issues
(1). Res judicata and collateral estoppel
The City’s CEQA Findings and evidence describe in sufficient detail the significance of the Burde building and explain the reasons underlying the City’s conclusion that the Burde building is “architecturally and visually distinctive” and that its loss “would constitute a significant impact on visual quality,” and the Court finds that substantial evidence supports the City’s findings.
(B). Housing Act issues
(1). Compliance with the Housing Act
The Court finds that this Project to date, (1) does not limit the commercial uses on the first floor to neighborhood commercial uses that service primarily residents of the neighborhood; and (2) visitors/vacationers residing in neighboring lodging are not City residents and would be using the Project’s underground parking.
The Court finds that the Project at this juncture, does not meet the definition of a housing development project under the Housing Act.
Disposition
The foregoing discussion and findings are dispositive and the Court need not address Petitioners’ other contentions at this time.
Petitioners’ request for relief is denied as set forth above. The Court directs the attorney for the City to prepare an appropriate judgment consistent with this ruling, present it to all counsel for approval as to form, and return it to this court for signature.
Dated: 7/21/10
HON. LYDIA VILLARREAL
Judge of the Superior Court
INTENDED DECISION 07 21 10 _00202003_
MONTEREY COUNTY SUPERIOR COURT: Jane Kingsley Miller v. City of Carmel-by-the-Sea, et al. (M99513) (Volume 1)
ABSTRACT: In anticipation of City Council Member Jason Burnett’s Town Hall Meeting on the Jane Miller case on Monday, August 2, 2010 from 8:30 A.M. – 10:00 A.M. in the Babcock Room at the Sunset Center, the court record for the case is presented; Volume 1 (318 pages) and Volume 2 (192 pages), following post.
Town Hall Meeting Registration
Lawsuit Settlement
by Jason Burnett on July 23, 2010 - 1:38pm
Miller 1 of 2
Town Hall Meeting Registration
Lawsuit Settlement
by Jason Burnett on July 23, 2010 - 1:38pm
Miller 1 of 2
MONTEREY COUNTY SUPERIOR COURT: Jane Kingsley Miller v. City of Carmel-by-the-Sea, et al. (M99513) (Volume 2)
ABSTRACT: In anticipation of City Council Member Jason Burnett’s Town Hall Meeting on the Jane Miller case on Monday, August 2, 2010 from 8:30 A.M. – 10:00 A.M. in the Babcock Room at the Sunset Center, the court record for the case is presented; Volume 2 (192 pages).
Town Hall Meeting Registration
Lawsuit Settlement
by Jason Burnett on July 23, 2010 - 1:38pm
Miller 2 of 2
Town Hall Meeting Registration
Lawsuit Settlement
by Jason Burnett on July 23, 2010 - 1:38pm
Miller 2 of 2
Wednesday, July 28, 2010
Court of Appeal, Sixth Appellate District: The Flanders Foundation v. City of Carmel-by-the-Sea, et al. Case Number H035818
ABSTRACT: Court of Appeal, Sixth Appellate District information on The Flanders Foundation v. City of Carmel-by-the-Sea, et al., Case Number H035818, is presented. The City of Carmel-by-the-Sea, et al. filed on 7 July 2010. The Notice of Appeal was received by the Court on 16 July 2010. And the Civil Case Information Statement was filed on 23 July 2010. A link for E-mail notification is provided.
Case Summary
Trial Court Case: M99437
Court of Appeal Case: H035818
Case Caption: The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Type: CV
Filing Date: 07/07/2010
Docket
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818
Date Description Notes
07/16/2010 Notice of appeal lodged/received. City of Carmel-by-the-Sea, et al., filed 07/07/10
07/23/2010 Civil case information statement filed.
Trial Court
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818
Trial Court Name: Monterey County Superior Court
County: Monterey
Trial Court Case Number: M99437
Trial Court Judge: Kingsley, Kay
Trial Court Judgment Date: 05/18/2010
E-mail Notification 6th Appellate District
Court of Appeal Case Number H035818
ADDENDUM:
SIXTH DISTRICT COURT OF APPEAL
California Courts
Case Summary
Trial Court Case: M99437
Court of Appeal Case: H035818
Case Caption: The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Type: CV
Filing Date: 07/07/2010
Docket
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818
Date Description Notes
07/16/2010 Notice of appeal lodged/received. City of Carmel-by-the-Sea, et al., filed 07/07/10
07/23/2010 Civil case information statement filed.
Trial Court
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818
Trial Court Name: Monterey County Superior Court
County: Monterey
Trial Court Case Number: M99437
Trial Court Judge: Kingsley, Kay
Trial Court Judgment Date: 05/18/2010
E-mail Notification 6th Appellate District
Court of Appeal Case Number H035818
ADDENDUM:
SIXTH DISTRICT COURT OF APPEAL
California Courts
Sunday, July 25, 2010
‘Carmel Freak Show’
ABSTRACT: “The Wiz,” an astute city government observer, wrote on the Monterey County Weekly’s website that “Sue runs the Carmel freak show,” characterized by “disturbing and predatory” conduct by City Administrator Rich Guillen and Mayor Sue McCloud disallowing the termination of “this abuser of a woman’s right to a harassment-free workplace.” The “Carmel freak show” is juxtaposed against the duties, responsibilities and obligations of the Mayor and City Council and the City Administrator in the form of excerpts from the Carmel-by-the-Sea Municipal Code and EMPLOYMENT AGREEMENT between the CITY OF CARMEL-BY-THE-SEA ("CITY") and RICHARD I. GUILLEN ("EMPLOYEE").
Carmel-by-the-Sea Municipal Code
Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).
EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY") and RICHARD I. GUILLEN ("EMPLOYEE")
A. DUTIES
1. CITY agrees to employ RICHARD I. GUILLEN as City Administrator of the City of Carmel-by-the-Sea to perform the functions and duties specified in the ordinances and resolutions of the CITY, and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign.
2. EMPLOYEE shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all rules and regulations established by the CITY.
3. EMPLOYEE shall not engage in any activity, which is or may become a conflict of interest prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this Agreement and annually thereafter, the EMPLOYEE shall complete and file all disclosure forms required by law
D. RESIGNATION AND TERMINATION
1. EMPLOYEE may resign at any time upon providing CITY with at least sixty (60) days advance written notice of the effective date of his resignation.
2. The City Council may at any time terminate EMPLOYEE upon sixty (60) days advance written notice.
3. The parties recognize and affirm that:
a. EMPLOYEE is an "at will" employee whose employment may be terminated by the City Council without cause; and
b. There is no express or implied promise made to EMPLOYEE for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between EMPLOYEE and the CITY.
4. For the ninety (90) day period immediately following a general or special election at which a City Council member is elected to office the City Council agrees not to terminate the services of EMPLOYEE without cause.
5. Any deliberations and decisions by the CITY regarding the termination of EMPLOYEE'S services shall be made in closed session in accordance with the Ralph M. Brown Act. Except where the EMPLOYEE is charged with or alleged to have committed criminal misconduct or acts involving moral turpitude, and if the CITY has determined to terminate EMPLOYEE'S services, the CITY shall provide EMPLOYEE the opportunity to resign in lieu of being terminated, and the parties shall cooperate regarding public announcements regarding EMPLOYEE'S separation from the CITY
Carmel-by-the-Sea Municipal Code
Chapter 2.08
CITY ADMINISTRATOR*
2.08.080 Removal of the City Administrator.
The City Administrator serves at the pleasure of the City Council and may be removed by a four-fifths vote of the full City Council. In removing the City Administrator, the Council has absolute discretion and its action is final and conclusive and does not depend upon any findings. (Initiative Measure, November 8, 1983; Ord. 77-22 § 1, 1977; Code 1975 § 233).
Carmel-by-the-Sea Municipal Code
Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).
EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY") and RICHARD I. GUILLEN ("EMPLOYEE")
A. DUTIES
1. CITY agrees to employ RICHARD I. GUILLEN as City Administrator of the City of Carmel-by-the-Sea to perform the functions and duties specified in the ordinances and resolutions of the CITY, and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign.
2. EMPLOYEE shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all rules and regulations established by the CITY.
3. EMPLOYEE shall not engage in any activity, which is or may become a conflict of interest prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this Agreement and annually thereafter, the EMPLOYEE shall complete and file all disclosure forms required by law
D. RESIGNATION AND TERMINATION
1. EMPLOYEE may resign at any time upon providing CITY with at least sixty (60) days advance written notice of the effective date of his resignation.
2. The City Council may at any time terminate EMPLOYEE upon sixty (60) days advance written notice.
3. The parties recognize and affirm that:
a. EMPLOYEE is an "at will" employee whose employment may be terminated by the City Council without cause; and
b. There is no express or implied promise made to EMPLOYEE for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between EMPLOYEE and the CITY.
4. For the ninety (90) day period immediately following a general or special election at which a City Council member is elected to office the City Council agrees not to terminate the services of EMPLOYEE without cause.
5. Any deliberations and decisions by the CITY regarding the termination of EMPLOYEE'S services shall be made in closed session in accordance with the Ralph M. Brown Act. Except where the EMPLOYEE is charged with or alleged to have committed criminal misconduct or acts involving moral turpitude, and if the CITY has determined to terminate EMPLOYEE'S services, the CITY shall provide EMPLOYEE the opportunity to resign in lieu of being terminated, and the parties shall cooperate regarding public announcements regarding EMPLOYEE'S separation from the CITY
Carmel-by-the-Sea Municipal Code
Chapter 2.08
CITY ADMINISTRATOR*
2.08.080 Removal of the City Administrator.
The City Administrator serves at the pleasure of the City Council and may be removed by a four-fifths vote of the full City Council. In removing the City Administrator, the Council has absolute discretion and its action is final and conclusive and does not depend upon any findings. (Initiative Measure, November 8, 1983; Ord. 77-22 § 1, 1977; Code 1975 § 233).
Saturday, July 24, 2010
‘MINUTES’ for Three Noteworthy 13 July 2010 City Council Agenda Items
“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, July 13, 2010
Archived video streaming
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
F. Consideration of a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors.
Mayor McCloud opened and closed the meeting to public comment.
Council Member TALMAGE moved to approve the Consent Agenda Items A-D and F-G, seconded by Council Member SHARP and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT, HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
X. Resolutions
A. Consideration of a Resolution supporting the proposed Monterey Regional Water Supply Program.
Mayor McCloud addressed the opening brief of July 2, 2010 on water project subject, three settling parties, namely California American Water, the Monterey County Water Resources Agency and Marina Coast Water District agreement (Water Project Agreement), policy overview by six cities, and closing brief of July 16, advocating “local oversight,” although not yet defined, according to City Attorney Don Freeman.
Mayor McCloud opened the meeting to public comment.
Roberta Miller, James Emery and Carrie Theis addressed Council.
Mayor McCloud closed the meeting to public comment.
City Attorney Don Freeman recommended the City advocate for the cities being a “formal fourth party,” not merely an advisory role.
Council Member TALMAGE moved to adopt a Resolution supporting the proposed Monterey Regional Water Supply Program, as amended to include the six Monterey Peninsula cities participate in its governance, seconded by Council Member BURNETT, and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
UPDATE: “Under the new governance proposal, two Peninsula mayors would share one slot in the role of "municipal adviser" on the four-member committee, though they would not have equal powers as the other members representing the partners.”
“That's because an attempt by the Peninsula mayors to secure the right to call for arbitration to resolve disputes on the committee was unsuccessful, Della Sala said. The partners successfully argued that retaining that power to themselves was essential to protecting their ability to secure favorable financing for the project, according to a staff report.”
(Source: Monterey Peninsula mayors seek expanded water role, Peninsula mayors seek seat on desalination committee, JIM JOHNSON Herald Salinas Bureau, 07/24/2010)
XI. Orders of Council
A. Receive report from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates.
Bartle Wells Associates principal Tom Gaffney presented his report.
City Council Member Ken Talmage reviewed issues to decide by the City Council.
City Council Member Jason Burnett reviewed policy questions involving savings now or annually over 29 years.
Mayor McCloud opened and closed the meeting to public comment.
Bartle Wells Associates principal Tom Gaffney answered questions of City Council Members.
Council Member BURNETT moved to refinance the 2001 $7.5 million Sunset Center bonds due to low interest rates, take savings annually over 29 years and reduce the bond reserve fund from $550,000 to $400,000, seconded by Council Member TALMAGE, and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, July 13, 2010
Archived video streaming
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
F. Consideration of a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors.
Mayor McCloud opened and closed the meeting to public comment.
Council Member TALMAGE moved to approve the Consent Agenda Items A-D and F-G, seconded by Council Member SHARP and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT, HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
X. Resolutions
A. Consideration of a Resolution supporting the proposed Monterey Regional Water Supply Program.
Mayor McCloud addressed the opening brief of July 2, 2010 on water project subject, three settling parties, namely California American Water, the Monterey County Water Resources Agency and Marina Coast Water District agreement (Water Project Agreement), policy overview by six cities, and closing brief of July 16, advocating “local oversight,” although not yet defined, according to City Attorney Don Freeman.
Mayor McCloud opened the meeting to public comment.
Roberta Miller, James Emery and Carrie Theis addressed Council.
Mayor McCloud closed the meeting to public comment.
City Attorney Don Freeman recommended the City advocate for the cities being a “formal fourth party,” not merely an advisory role.
Council Member TALMAGE moved to adopt a Resolution supporting the proposed Monterey Regional Water Supply Program, as amended to include the six Monterey Peninsula cities participate in its governance, seconded by Council Member BURNETT, and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
UPDATE: “Under the new governance proposal, two Peninsula mayors would share one slot in the role of "municipal adviser" on the four-member committee, though they would not have equal powers as the other members representing the partners.”
“That's because an attempt by the Peninsula mayors to secure the right to call for arbitration to resolve disputes on the committee was unsuccessful, Della Sala said. The partners successfully argued that retaining that power to themselves was essential to protecting their ability to secure favorable financing for the project, according to a staff report.”
(Source: Monterey Peninsula mayors seek expanded water role, Peninsula mayors seek seat on desalination committee, JIM JOHNSON Herald Salinas Bureau, 07/24/2010)
XI. Orders of Council
A. Receive report from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates.
Bartle Wells Associates principal Tom Gaffney presented his report.
City Council Member Ken Talmage reviewed issues to decide by the City Council.
City Council Member Jason Burnett reviewed policy questions involving savings now or annually over 29 years.
Mayor McCloud opened and closed the meeting to public comment.
Bartle Wells Associates principal Tom Gaffney answered questions of City Council Members.
Council Member BURNETT moved to refinance the 2001 $7.5 million Sunset Center bonds due to low interest rates, take savings annually over 29 years and reduce the bond reserve fund from $550,000 to $400,000, seconded by Council Member TALMAGE, and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Friday, July 23, 2010
Flanders Foundation Hosts FLANDERS MANSION AND MISSION TRAIL NATURE PRESERVE NATURE & CULTURAL WALKS & TALKS
WHO: Walks led by Local Environmentalist Joyce Stevens, Noted “Birder” Bill Hill and Melanie Billig, President, Flanders Foundation.
WHAT: Nature and Cultural walks and talks about the history and biology of Mission Trail Nature Preserve, the City’s largest park, and Lester Rowntree Native Plant Garden and Flanders Mansion.
WHEN: Saturdays, July 24, August 21 and September 25, 2010, 10:30 A.M. – 1:00 P.M.
WHERE: Walks begin at the entrance to Mission Trail Nature Preserve across from Carmel Mission Basilica on Rio Road and end at the Flanders Mansion.
NOTES: Please call (831) 626-3826 for reservations. Recommend walking shoes, sun hat and brown bag lunch or snack. Complimentary cold drinks provided.
ADDENDUM:
HISTORY OF MISSION TRAIL NATURE PRESERVE, FLANDERS MANSION AND THE LESTER ROWNTREE GARDEN
VISION STATEMENT OF FLANDERS FOUNDATION
MISSION STATEMENT OF FLANDERS FOUNDATION
Adopted 5/26/98
THE HISTORY OF FLANDERS FOUNDATION
Carmelites Form Flanders Foundation and Pursue Their Goals - A Short History
REVIEW OF ENVIRONMENTAL IMPACT REPORTS AND LEGAL CHALLENGES TO SALE OF PARKLAND
CONTACT INFORMATION:
Phone: (831) 626-3826
Email: info@flandersfoundation.org
WHAT: Nature and Cultural walks and talks about the history and biology of Mission Trail Nature Preserve, the City’s largest park, and Lester Rowntree Native Plant Garden and Flanders Mansion.
WHEN: Saturdays, July 24, August 21 and September 25, 2010, 10:30 A.M. – 1:00 P.M.
WHERE: Walks begin at the entrance to Mission Trail Nature Preserve across from Carmel Mission Basilica on Rio Road and end at the Flanders Mansion.
NOTES: Please call (831) 626-3826 for reservations. Recommend walking shoes, sun hat and brown bag lunch or snack. Complimentary cold drinks provided.
ADDENDUM:
HISTORY OF MISSION TRAIL NATURE PRESERVE, FLANDERS MANSION AND THE LESTER ROWNTREE GARDEN
VISION STATEMENT OF FLANDERS FOUNDATION
MISSION STATEMENT OF FLANDERS FOUNDATION
Adopted 5/26/98
THE HISTORY OF FLANDERS FOUNDATION
Carmelites Form Flanders Foundation and Pursue Their Goals - A Short History
REVIEW OF ENVIRONMENTAL IMPACT REPORTS AND LEGAL CHALLENGES TO SALE OF PARKLAND
CONTACT INFORMATION:
Phone: (831) 626-3826
Email: info@flandersfoundation.org
Monday, July 12, 2010
Three Noteworthy 13 July 2010 City Council Agenda Items
ABSTRACT: Three noteworthy 13 July 2010 City Council Agenda Items, namely a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors, a Resolution supporting the proposed Monterey Regional Water Supply Program and Receive report from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates, are presented. Excerpts from Agenda Item Summaries and a report are presented.
AGENDA PACKET
Regular Meeting
Tuesday, July 13, 2010
4:30 p.m., Open Session
Live and archived video streaming
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
F. Consideration of a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors.
Description: The CRFA Board has three voting members--one representative from Carmel and two from Carmel Valley (representing the Carmel Valley Fire Protection District), the two entities that comprise the Authority.
Article 6 of the CRFA Joint Powers Agreement relates to the membership of the Governing Board and states that, “The legislative body of each Authority member shall appoint either a member of the legislative body, its administrative officer, or its fire chief to serve as its representative to the Board.” Since April 2000, Gerard Rose has served as the Carmel delegate.
At its May 19, 2010 meeting, the CRFA Board amended Article 6 to expand the membership criteria to allow each legislative body to appoint “a voting citizen of the Member Agency jurisdiction” to serve as its representative to the Board.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Former Council Member Rose has served on the CRFA Board for more than a decade, most recently as its president. We recommend he continue to serve on the board until the individual members of CRFA have finalized ongoing plans to disassociate themselves from the JPA. At that time, CRFA will then become independent and have its own budget.
X. Resolutions
A. Consideration of a Resolution supporting the proposed Monterey Regional Water Supply Program.
Description: The Regional Water Project for Monterey County is a water supply combination of desalination and underground storage (of winter river flows). This project will satisfy the demands mandated by the State to reduce the Monterey Peninsula’s reliance on the Carmel River for its water supply. It will also serve future needs for customers of the Marina Coast Water District.
An agreement has been reached by CalAm, Monterey County Water Resources Agency and the Marina Coast Water District to implement the Regional Water Project at a reduced price over alternate projects. This collaborative project will be the most environmentally friendly of the many options that were considered. The Project is now being reviewed by the California Public Utility Commission.
The Monterey Peninsula Mayors are currently meeting with the three above mentioned water agencies regarding governance of the Regional Water Project.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Several regional water project alternatives have been considered that were either too expensive or did not have public support. The currently proposed Regional Water Project is a collaborative alternative that is cost effective and has less adverse environmental impact. The Regional Water Project will meet the objective of reducing CalAm’s historic diversions from the Carmel River by 70 percent.
Decision Record: No prior action has been taken by the Council on this Project.
XI. Orders of Council
A. Receive report from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates.
Description: As requested by Council at its June 8, 2010 meeting, Bartle Wells Associates principal Tom Gaffney has prepared a more detailed analysis of the refinancing options available to the City.
Decision Record: At its June 8, 2010 meeting, Council approved Resolution 2010-41, entering into an agreement with Bartle Wells Associates for financial advising services on the refinancing of the 2001 Sunset Center Lease Certificates.
BARTLE WELLS ASSOCIATES
INDEPENDENT PUBLIC FINANCE ADVISORS
1889 Alcatraz Avenue
Berkeley, CA 94703
510 653 3399 fax: 510 653 3769
www.bartlewells.com
Date: July 1, 2010
To: Rich Guillen, City Administrator
Dewey Evans, City Treasurer
From: Alex Handlers & Tom Gaffney
Re: Refinancing of 2001 Lease Revenue Certificates
A) Change in interest rates that would offset the $75,000 prepayment premium
All other things held equal, an increase in interest rates of approximately 0.12% (12 basis points) would offset the 1%, $75,000 prepayment premium on the outstanding 2001 Certificates. The 1% prepayment premium is in effect through October 2011. If the City waited until October 2011, it would also forego one year of savings, estimated at roughly $27,000. Accounting for these unrealized savings in the next year, interest rates would only need to rise by a little less than 1/10th of 1 percent to negate the savings from avoiding the prepayment
premium.
B) Front-Loaded and Back-Loaded Savings
To supplement the original numbers, which were based on roughly level annual savings, we added tables showing versions with front‐loaded and back‐loaded savings. All three versions of tables are attached. In reality, there is no correct answer regarding which approach is best from a financial perspective. For example, use of different discount factors in the present value analysis could result in different outcomes as which option yields the most present value savings. Hence, we generally maintain that the choice is a policy decision. While all options are equally valid, in general, most agencies opt for roughly level annual savings.
C) Debt Service with Reduced Reserve Fund Requirement at ½ Max Annual Debt Service
Tables showing projected debt service with a reduced reserve fund are attached. Since any change in the reserve fund is typically accounted for as a change in cash on the closing date, it will only have a small impact on any savings calculations.
Roughly Level Annual Savings
City of Carmel-by-the-Sea
2010 Refunding Savings Estimate
Gross savings as % of outstanding principal 7.0%
Present value savings as a % of outstanding principal 4.2%
AGENDA PACKET
Regular Meeting
Tuesday, July 13, 2010
4:30 p.m., Open Session
Live and archived video streaming
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
F. Consideration of a Resolution authorizing Gerard Rose to represent the City of Carmel-by-the-Sea on the Carmel Regional Fire Ambulance (CRFA) Board of Directors.
Description: The CRFA Board has three voting members--one representative from Carmel and two from Carmel Valley (representing the Carmel Valley Fire Protection District), the two entities that comprise the Authority.
Article 6 of the CRFA Joint Powers Agreement relates to the membership of the Governing Board and states that, “The legislative body of each Authority member shall appoint either a member of the legislative body, its administrative officer, or its fire chief to serve as its representative to the Board.” Since April 2000, Gerard Rose has served as the Carmel delegate.
At its May 19, 2010 meeting, the CRFA Board amended Article 6 to expand the membership criteria to allow each legislative body to appoint “a voting citizen of the Member Agency jurisdiction” to serve as its representative to the Board.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Former Council Member Rose has served on the CRFA Board for more than a decade, most recently as its president. We recommend he continue to serve on the board until the individual members of CRFA have finalized ongoing plans to disassociate themselves from the JPA. At that time, CRFA will then become independent and have its own budget.
X. Resolutions
A. Consideration of a Resolution supporting the proposed Monterey Regional Water Supply Program.
Description: The Regional Water Project for Monterey County is a water supply combination of desalination and underground storage (of winter river flows). This project will satisfy the demands mandated by the State to reduce the Monterey Peninsula’s reliance on the Carmel River for its water supply. It will also serve future needs for customers of the Marina Coast Water District.
An agreement has been reached by CalAm, Monterey County Water Resources Agency and the Marina Coast Water District to implement the Regional Water Project at a reduced price over alternate projects. This collaborative project will be the most environmentally friendly of the many options that were considered. The Project is now being reviewed by the California Public Utility Commission.
The Monterey Peninsula Mayors are currently meeting with the three above mentioned water agencies regarding governance of the Regional Water Project.
Staff Recommendation: Adopt the Resolution.
Important Considerations: Several regional water project alternatives have been considered that were either too expensive or did not have public support. The currently proposed Regional Water Project is a collaborative alternative that is cost effective and has less adverse environmental impact. The Regional Water Project will meet the objective of reducing CalAm’s historic diversions from the Carmel River by 70 percent.
Decision Record: No prior action has been taken by the Council on this Project.
XI. Orders of Council
A. Receive report from Bartle Wells Associates regarding the refunding of the 2001 Sunset Center Lease Certificates.
Description: As requested by Council at its June 8, 2010 meeting, Bartle Wells Associates principal Tom Gaffney has prepared a more detailed analysis of the refinancing options available to the City.
Decision Record: At its June 8, 2010 meeting, Council approved Resolution 2010-41, entering into an agreement with Bartle Wells Associates for financial advising services on the refinancing of the 2001 Sunset Center Lease Certificates.
BARTLE WELLS ASSOCIATES
INDEPENDENT PUBLIC FINANCE ADVISORS
1889 Alcatraz Avenue
Berkeley, CA 94703
510 653 3399 fax: 510 653 3769
www.bartlewells.com
Date: July 1, 2010
To: Rich Guillen, City Administrator
Dewey Evans, City Treasurer
From: Alex Handlers & Tom Gaffney
Re: Refinancing of 2001 Lease Revenue Certificates
A) Change in interest rates that would offset the $75,000 prepayment premium
All other things held equal, an increase in interest rates of approximately 0.12% (12 basis points) would offset the 1%, $75,000 prepayment premium on the outstanding 2001 Certificates. The 1% prepayment premium is in effect through October 2011. If the City waited until October 2011, it would also forego one year of savings, estimated at roughly $27,000. Accounting for these unrealized savings in the next year, interest rates would only need to rise by a little less than 1/10th of 1 percent to negate the savings from avoiding the prepayment
premium.
B) Front-Loaded and Back-Loaded Savings
To supplement the original numbers, which were based on roughly level annual savings, we added tables showing versions with front‐loaded and back‐loaded savings. All three versions of tables are attached. In reality, there is no correct answer regarding which approach is best from a financial perspective. For example, use of different discount factors in the present value analysis could result in different outcomes as which option yields the most present value savings. Hence, we generally maintain that the choice is a policy decision. While all options are equally valid, in general, most agencies opt for roughly level annual savings.
C) Debt Service with Reduced Reserve Fund Requirement at ½ Max Annual Debt Service
Tables showing projected debt service with a reduced reserve fund are attached. Since any change in the reserve fund is typically accounted for as a change in cash on the closing date, it will only have a small impact on any savings calculations.
Roughly Level Annual Savings
City of Carmel-by-the-Sea
2010 Refunding Savings Estimate
Gross savings as % of outstanding principal 7.0%
Present value savings as a % of outstanding principal 4.2%
Sunday, July 11, 2010
LEGAL UPDATE: Miller, Jane Kingsley vs City of Carmel-by-the-Sea (M99513), The Flanders Foundation vs. City of Carmel by the Sea et al (M99437) & Mandurrago, John et al vs. City of Carmel-by-the Sea et al (M102802)
• M99513; Miller, Jane Kingsley vs City of Carmel-by-the-Sea
Settlement talks have been occurring, according to a source directly involved with the case.
Important Court Dates:
Original Filing Date 6/17/2009
Settlement Conference 8/19/2010 13:45:00 Courtroom 04
Readiness Conference 9/16/2010 10:00:00 Courtroom 04
Jury Trial: Long Cause 9/20/2010 08:30:00 Courtroom 04
• M99437; The Flanders Foundation vs. City of Carmel by the Sea et al.
The City of Carmel-by-the-Sea appealed Judge Kay T. Kingsley’s Decision on Wednesday, 7 July 2010.
Important Court Dates:
Original Filing Date: 6/12/2009
Hearing: 2/10/2010
Judge Kay T. Kingsley Decision: 5/18/2010
Appeal Filed: 7/7/2010
Information from Sixth District Court of Appeal pending
• M102802; Mandurrago, John et al. vs. City of Carmel-by-the Sea et al.
Awaiting Judge Lydia Villarreal’s decision; anticipated by 7 September 2010 or 90 days from Writ of Mandate Hearing on 9 June 2010.
Important Court Dates:
Original Filing Date: 12/4/2009
Writ of Mandate Hearing: 6/9/2010
Settlement talks have been occurring, according to a source directly involved with the case.
Important Court Dates:
Original Filing Date 6/17/2009
Settlement Conference 8/19/2010 13:45:00 Courtroom 04
Readiness Conference 9/16/2010 10:00:00 Courtroom 04
Jury Trial: Long Cause 9/20/2010 08:30:00 Courtroom 04
• M99437; The Flanders Foundation vs. City of Carmel by the Sea et al.
The City of Carmel-by-the-Sea appealed Judge Kay T. Kingsley’s Decision on Wednesday, 7 July 2010.
Important Court Dates:
Original Filing Date: 6/12/2009
Hearing: 2/10/2010
Judge Kay T. Kingsley Decision: 5/18/2010
Appeal Filed: 7/7/2010
Information from Sixth District Court of Appeal pending
• M102802; Mandurrago, John et al. vs. City of Carmel-by-the Sea et al.
Awaiting Judge Lydia Villarreal’s decision; anticipated by 7 September 2010 or 90 days from Writ of Mandate Hearing on 9 June 2010.
Important Court Dates:
Original Filing Date: 12/4/2009
Writ of Mandate Hearing: 6/9/2010
Thursday, July 08, 2010
Carmel Art Association Presents MIGUEL DOMINGUEZ SOLO SHOW ‘ACRYLIC – WATERCOLOR – GRAPHITE,’ JELMINI & ROBBINS TWO-PERSON SHOW ‘WILDFLOWERS & WILD FLOWERS’ AND GALLERY SHOWCASE FEATURING CARVELL, GOLDSTEIN & LONG
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 MIGUEL DOMINGUEZ SOLO SHOW ‘ACRYLIC – WATERCOLOR – GRAPHITE,’ JELMINI & ROBBINS TWO-PERSON SHOW ‘WILDFLOWERS & WILD FLOWERS’ AND GALLERY SHOWCASE FEATURING CARVELL, GOLDSTEIN & LONG
Thursday, July 8 – August 3, 2009
SOLO SHOW: MIGUEL DONINGUEZ: “ACRYLIC – WATERCOLOR – GRAPHITE” (Center Room):
Painter Miguel Dominguez exhibits new work capturing the serenity of the local landscape using three distinct mediums of acrylic, watercolor and graphite. View Dominguez’s brief biography, eleven “Acrylic-Watercolor-Graphite" artworks, September 2009 Gallery Showcase artworks and July 2008 Show “Pencil Drawings.”
TWO-PERSON SHOW: PEGGY JELMINI & STAN ROBBINS “WILDFLOWERS & WILD FLOWERS” (Beardsley Room South Wall):
Painters Peggy Jelmini and Stan Robbins exhibit oil paintings on California landscapes and its colorful flora.
View painter Peggy Jelmini’s brief biography and “Wildflowers & Wild Flowers" twenty-three oil and watercolor paintings.
View Stan Robbins’ “Wildflowers & Wild Flowers” twenty-two oil paintings and "Perpetual Commotion" exhibition of fifty-one marine paintings from November 5 - December 1, 2009
GALLERY SHOWCASE: FRED CARVELL, HELENE GOLDSTEIN & MICHIE LONG (Segal Room):
Painter Fred Carvell exhibits acrylic landscapes inspired by the Central California Coast and locations beyond. View Carvell’s brief biography and sixteen Gallery Showcase acrylic paintings.
Painter Helene Goldstein exhibits oil paintings of imaginative flowers and rooftops. View Goldstein’s ten paintings from Gallery Showcase Show.
Painter Michie Long exhibits oil paintings celebrating the New Orleans Saints victory at Super Bowl XLIV in February.
Opening Reception - Saturday, July 10, 6:00 to 8:00 P.M.
ADDENDUM:
Lecture: "The Figure"
Day, Date & Time: Wednesday, July 21st, 7:00 P.M.
Painter Tim Sloan gives a talk providing tips on technique and meeting some of the challenges inherent in painting and drawing the human figure. View Sloan’s brief biography and Juried Shows, Art Organizations, Galleries and oil paintings, including "Springtime on the Dunes I," "Springtime on the Dunes IV," "Bird Rock Pt. Lobos" and “Moss Landing Morning.” And eleven oil paintings from TIM SLOAN: Joe Nordmann and Friends, May 6 - June 1, 2010.
Free, no reservations necessary.
“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 MIGUEL DOMINGUEZ SOLO SHOW ‘ACRYLIC – WATERCOLOR – GRAPHITE,’ JELMINI & ROBBINS TWO-PERSON SHOW ‘WILDFLOWERS & WILD FLOWERS’ AND GALLERY SHOWCASE FEATURING CARVELL, GOLDSTEIN & LONG
Thursday, July 8 – August 3, 2009
SOLO SHOW: MIGUEL DONINGUEZ: “ACRYLIC – WATERCOLOR – GRAPHITE” (Center Room):
Painter Miguel Dominguez exhibits new work capturing the serenity of the local landscape using three distinct mediums of acrylic, watercolor and graphite. View Dominguez’s brief biography, eleven “Acrylic-Watercolor-Graphite" artworks, September 2009 Gallery Showcase artworks and July 2008 Show “Pencil Drawings.”
TWO-PERSON SHOW: PEGGY JELMINI & STAN ROBBINS “WILDFLOWERS & WILD FLOWERS” (Beardsley Room South Wall):
Painters Peggy Jelmini and Stan Robbins exhibit oil paintings on California landscapes and its colorful flora.
View painter Peggy Jelmini’s brief biography and “Wildflowers & Wild Flowers" twenty-three oil and watercolor paintings.
View Stan Robbins’ “Wildflowers & Wild Flowers” twenty-two oil paintings and "Perpetual Commotion" exhibition of fifty-one marine paintings from November 5 - December 1, 2009
GALLERY SHOWCASE: FRED CARVELL, HELENE GOLDSTEIN & MICHIE LONG (Segal Room):
Painter Fred Carvell exhibits acrylic landscapes inspired by the Central California Coast and locations beyond. View Carvell’s brief biography and sixteen Gallery Showcase acrylic paintings.
Painter Helene Goldstein exhibits oil paintings of imaginative flowers and rooftops. View Goldstein’s ten paintings from Gallery Showcase Show.
Painter Michie Long exhibits oil paintings celebrating the New Orleans Saints victory at Super Bowl XLIV in February.
Opening Reception - Saturday, July 10, 6:00 to 8:00 P.M.
ADDENDUM:
Lecture: "The Figure"
Day, Date & Time: Wednesday, July 21st, 7:00 P.M.
Painter Tim Sloan gives a talk providing tips on technique and meeting some of the challenges inherent in painting and drawing the human figure. View Sloan’s brief biography and Juried Shows, Art Organizations, Galleries and oil paintings, including "Springtime on the Dunes I," "Springtime on the Dunes IV," "Bird Rock Pt. Lobos" and “Moss Landing Morning.” And eleven oil paintings from TIM SLOAN: Joe Nordmann and Friends, May 6 - June 1, 2010.
Free, no reservations necessary.
Monday, July 05, 2010
IN CELEBRATION of 100 Years of The Forest Theater and IN HONOR of Herbert Heron, Founder of the Forest Theater & Cole Weston: Mad Hatter’s Opening Night Party
First children's production performed on the Forest Theater stage, 1912.
WHO: Forest Theater Guild
WHAT: Mad Hatter’s Opening Night Party
Dinner, Wine and Entertainment & Performance
Reception @ 6:30 P.M.
Entertainment @ 7:30 P.M.
‘Alice in Wonderland’ Opening Performance @ 8:00 P.M.
Director Mark Englehorn
Starring Kay Akeryik as Alice, Skip Kadish as the Mad Hatter and Teresa Del Piero as the Duchess
Costumes by fashion designer Domini, jewels by steampunk jewelry artist Ann Niland and Set Designs created by Nicole Bryant Stevens
Awards Ceremony for Herbert Heron and Cole Weston, Intermission @ 9:00 P.M.
WHEN: Friday, July 9, 2010 @ 6:30 P.M.
WHERE: Outdoor Forest Theater
Mountain View Av. & Santa Rita St.
Carmel-by-the-Sea, CA.
TICKETS & MORE INFORMATION:
$50.00 Adult and $25 Children includes Dinner, Entertainment and Performance
Online
Phone: (831) 626-1681
ADDENDUM:
Mad Hatter birthday party celebrates the Forest Theater's centennial year with the opening of a historical production of 'Alice in Wonderland, 'LILY DAYTON, Herald Correspondent, 07/08/2010
Forest Theater’s actual centennial is July 9, Adam Moniz, Carmel, The Carmel Pine Cone, June 18, 2010, 26 A
Herbert Heron, Founder of The Forest Theater
Cole Weston
Son and assistant of the photographer Edward Weston who made his own reputation in the medium of colour, Val Williams, THE INDEPENDENT, Friday, 2 May 2003
Forest Theater Guild on Facebook
TO HONOR
COLE WESTON
THE LIFE FORCE
OF THE FOREST THEATER
FOR HALF A CENTURY
PRESENTED TO THE CITY OF CARMEL
BY THE FOREST THEATER GUILD 1997
COLE WESTON
THE LIFE FORCE
OF THE FOREST THEATER
FOR HALF A CENTURY
PRESENTED TO THE CITY OF CARMEL
BY THE FOREST THEATER GUILD 1997
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