“MINUTES”
CITY COUNCIL REGULAR MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, August 3, 2010
Archived video streaming
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
VI. Public Appearances
Mayor McCloud opened the meeting to public comment.
Kathy Frederickson, a retired federal civil service employee, stated during her career she had required training on sexual harassment, et cetera. She asked City Hall to defend itself and asked what the city council is doing to create “an acceptable workplace environment.”
Barbara Livingston commended City Council Member Jason Burnett for calling for a closed session for discussion of the future management of our village and urged Mayor McCloud to set a date certain for that closed session meeting.
Carolyn Hardy voiced her and her husband’s "concern, frustration and anger" over the circumstances of the Jane Miller lawsuit involving sexual harassment. She stated that the liability still remains and therefore it is time for a change at City Hall. Specifically, "it is time for Rich Guillen to leave either by departure or removal." "It is incumbent on the council to restore integrity and dignity to City Hall by removing the offender whose actions have brought dishonor to Carmel."
Adam Moniz, 2010 mayoral candidate, stated that some candidates made "false" or "utterly misleading" statements about the validity of claims of sexual harassment at City Hall. He stated there was harassment and it was tolerated and the council members should have known. Further, "it’s time for accountability." "Stay tuned."
Allison Schilling stated that it was clear to her that many in Carmel-by-the-Sea and in the chamber do not understand the nature of sexual harassment; that is, it is always incumbent on the person with power to do the right thing. She urged all Carmelites to undertake sexual harassment training, including the city council.
Barbara Brooks, a former City Council Member, stated she had known attorney Michael Stamp for more than 20 years and knew him to be an ethical attorney. Further, she knew Stamp would not take a frivolous case and he would not take a case he did not believe represented a genuine need for redress. She stated that she wanted a city government that she can trust again where officials behave ethically. She requested that the city council do something to repair the "terrible damage that has happened to our city."
Skip Lloyd stated that there was a need for an "independent investigation" of the City’s personnel actions in the Jane Miller case by an outside agency, including a review of past settlements which amounted to $500,000 in the aggregate for four city employees who made similar claims of hostile workplace environment and being forced into early retirement, according to a judge. He stated that insurance companies do not pay $600,000 in settlement monies if there is no merit to a claim.
Mayor McCloud closed the meeting to public comment.
City Attorney Don Freeman restated the City’s statement regarding the settlement agreement. He stated that a review of the City’s personnel policy, including sexual harassment policy was in process by a third party.
City Council Member Jason Burnett reiterated his July 14 request for a closed session to discuss a personnel issue and September agenda item about City policies.
VIII. Public Hearings
B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.
Marc Wiener, Assistant Planner, presented the staff report and power point presentation, including photos, site plan and Options depictions. With regard to the re-opening of Second Avenue, it is estimated it would cost $300,000 - $500,000 to stabilize the avenue, according to the geotechnical study. Second Avenue is currently used as a pedestrian pathway and most residents do not want the avenue re-opened to traffic. The Planning Commission recommended Option “B,” a driveway at the end of Lopez Avenue, on the east side of the street.
City Council Member Ken Talmage asked questions about the stability of Second Av. which were answered by Mr. Kasunich, the geotechnical engineer.
The applicants, including Mr. Schultz and Zane Blackmer, addressed the council.
Mayor McCloud opened the meeting to public comment.
Ron Wormser, a Lopez Av. neighbor, spoke in support of Option “C” and against options involving construction of a driveway at the end of Lopez Av.
Marian Wormser read letters from two other neighbors, Harper and Hibbard, both against the construction of a driveway at the end of Lopez Av. and supportive of Option “C," paving the existing driveway from Second Av., without opening Second Av., to avoid traffic and safety problems.
A Second Av. neighbor expressed support for a driveway from Lopez Av.
Mayor McCloud closed the meeting to public comment.
Zane Blackmer addressed the council.
Marc Wiener, Assistant Planner, answered questions and/or heard comments from Mayor Sue McCloud, City Council Members Jason Burnett, Paula Hazdovac, Karen Sharp and Ken Talmage.
Council Member BURNETT moved to uphold the decision of the Planning Commission and approve Option “B,” encroachment permit application for the construction of a driveway at the end of Lopez Avenue, with special conditions, seconded by Council Member SHARP and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE
NOES: COUNCIL MEMBERS: McCLOUD
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ADDENDUM:
Option “B” Driveway on East Side of Lopez Avenue: Option “B” places the driveway on the east side of Lopez Avenue and covers an area of approximately 404 square feet in the public right-of-way. The proposed driveway is 28 feet long with an outer wall that is eight to nine feet tall. The driveway has a slope of approximately 12-13% and also serves as a walkway.
The proposed driveway requires the removal of three non-significant trees located on the property. No trees would be removed from the public right-of way.
Planning Commission Recommendation: The Planning Commission unanimously recommends that the City Council approve Option “B.” The primary reason for supporting a driveway at the end of Lopez Avenue, as opposed to maintaining the driveway at its existing location, is concern over the long-term stability of Second Avenue. The Commission raised the issue that approving a driveway on Second Avenue could potentially commit the City to future repairs and maintenance of this road for the benefit of only one property owner.
Option “C” Re-design and Pave the Existing Driveway on Second Avenue: Vehicle access to the property is provided by a steeply sloped dirt driveway located on Second Avenue.
X. Resolutions
A. Consideration of a Resolution authorizing the City Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance (ASBS) project.
Bob Jaques, City’s consulting engineering, presented an overview.
The State is currently finalizing requirements for stormwater outflows into ASBS at end of 2010 or early 2011. The City’s eighteen stormwater outflows are subject to the requirements. Since only discharges will be allowed during wet weather, the City proposes the building of a diversion system to eliminate discharges during summer months. The diversion system temporarily plugs outflows during the summer by diverting water to sanitary sewer or vacuuming and trucking to corporation yard to sanitary sewer or pumping to landscape area. It is anticipated that design will occur in 2010, construction in 2011 and completed in 2012. The City anticipates receipt of a state grant of $2.5 million, funded by Proposition 84.
Mayor McCloud opened and closed the meeting to public comment.
Council Member TALMAGE moved to adopt a Resolution authorizing the City Administrator to enter into a financial assistance agreement with the State of California Water Board for the Carmel Bay Areas of Special Biological Significance (ASBS) project, 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
XI. Orders of Council
A. Receive report and provide policy direction on options for the 2012 Municipal Election.
Mayor Sue McCloud announced the agenda item will by on next month’s agenda due to the absence on Heidi Burch at a conference this week.
3 comments:
Chris Tescher wrote in a letter to the editor in the Pine Cone (August 6-12) accusing Jason Burnett of being on a witch hunt. Maybe a little sour grapes because Jason beat his brother-in-law in the April election. The witch hunt is appropriate though as recent revelations target the mayor too. Don Freeman is also an enabler and has been for the last 10 years. They all should go.
The tone of that letter is his typical style, having a mean-spirited, vicious undertone poorly disguised in humor. And we have a local newspaper editor who "sells newspapers" by allowing--no, encouraging--vicious personal attacks. That style is evident in his own editorials and his editorialized reporting.
Sour grapes is right! When is he going to GET OVER IT? Gerard Rose lost the election. Time to move on.
What the letter writer failed to recognize is that Jason Burnett was holding his usual monthly meeting for his constituents and the time allotted was used to cover four main topics. This time Jason also opened the meeting to the general public. With a larger than anticipated turnout, he had to move his meeting to a larger room.
It turned out that the Jane Miller / sexual harassment lawsuit dominated the discussion. The public's pent up feelings about it and what has been going in at City Hall with Rich Guillen's conduct may have even taken Jason by surprise.
It is obvious there is a great need for a place in Carmel to have dialogue and debate. It's good to hear how other residents think about the issues. There is no other venue for it and Jason has provided it. Surely those closely aligned with Sue McCloud and her administration would feel uncomfortable with the anger directed at City Hall. Too bad Jason was there alone to catch the heat. The whole city council should have been there.
Jason is doing a great job of representing what he promised he would do during his campaign. (How's that for a breath of fresh air!) He obviously is working hard to represent the voters who elected him and his presence is making a difference.
Let's not forget that Jason received 72% of the votes cast. He can do pretty much whatever he wants to do. (But Sue McCloud will make sure it is a constant struggle.)
Jason received 335 more votes than Sue did, 486 more votes than Paula did, and 554 more votes than Gerard did. So let's keep that in perspective.
Additional revelations that should continue to come to light (thanks to Jane Miller's lawsuit) will keep Carmel buzzing for some time to come. Let's hope so, at least until it results in Rich Guillen's departure.
The tone of that letter is his typical style, having a mean-spirited, vicious undertone poorly disguised in humor. And we have a local newspaper editor who allows--no, encourages--personal attacks, a style evident in his own editorials and his editorialized reporting.
Sour grapes is right! When is he going to GET OVER IT? Gerard Rose lost the election. Time to move on.
The letter writer failed to acknowledge that Jason Burnett was holding his usual monthly meeting for constituents and time was allotted to cover 4 main topics, including the sexual harassment settlement. With the public invited as well, a larger than anticipated crowd had to move to a different meeting room.
It is obvious there is a great need in Carmel for dialogue and debate. Residents need to hear how others feel about issues. There is no other venue for it and Jason has provided it. Surely those closely aligned with Sue McCloud and her administration would feel uncomfortable with the anger directed at City Hall. Too bad Jason was there alone to catch the heat. The whole City Council should have been there to hear.
Jason is doing a great job of representing what he promised he would do during his campaign. (How's that for a breath of fresh air!) He obviously is working hard and his presence is making a difference.
Let's not forget that Jason received 72% of the votes cast (335 more votes than Sue, 486 more votes than Paula and 554 more votes than Gerard). Jason can do pretty much whatever he wants to do. (But Sue McCloud will make sure it is a constant struggle for him.)
Additional revelations that should continue to come to light (thanks to Jane Miller's lawsuit) will keep Carmel buzzing for some time to come. Let's hope so, at least until it results in Rich Guillen's departure.
Post a Comment