HAPPY NEW YEAR

ONLY 466 DAYS & 16 REGULAR CITY COUNCIL MEETINGS UNTIL THE NEXT MUNICIPAL ELECTION ON APRIL 10, 2012!

Monterey County Standard Subdivision Committee: RIGOULETTE, LLC (VILLAS DE CARMELO) Project

ABSTRACT: WHO, WHAT, WHEN, WHERE for the Monterey County Standard Subdivision Committee Public Hearing on the RIGOULETTE, LLC (VILLAS DE CARMELO) Project is presented. The “Notice of Public Hearing” is reproduced. An ADDENDUM of relevant links is provided.

WHO: Monterey County Standard Subdivision Committee
Chair: Tom Moss, Water Resources Agency
Vice-Chair: James McPharlin, Fire
Secretary: Jacqueline Onciano, RMA Planning
Chad Alinio, RMA Public Works
Nicki Silva, Environmental Health
David Lutes, Parks (Subdivision only)

WHAT: Monterey County Standard Subdivision Committee Public Hearing to consider RIGOULETTE, LLC (VILLAS DE CARMELO) Project

WHEN: Thursday, January 13, 2010 @ 10:30 A.M.

WHERE: Monterey County Board of Supervisors Chambers, County Government Center
168 West Alisal Street
Salinas, CA.


Notice of Public Hearing

Monterey County Standard Subdivision Committee

NOTICE IS HEREBY GIVEN that the Monterey County Standard Subdivision Committee, State of California, will hold a Public Hearing to consider the project described below. The hearing will be held on Thursday, January 13, 2011 at the hour of 10:30 AM in the Monterey County Board of Supervisors Chambers, County Government Center, 168 West Alisal Street, Salinas, California, at which time and place any and all interested persons may appear and be heard thereon.

Project Title: RIGOULETTE, LLC (VILLAS DE CARMELO)

Project File Number: PLN070497

Project Location: 24945 VALLEY WAY, CARMEL

Assessor’s Parcel Number: 009-061-002-000, 009-061-003-000 AND 009-061-005-000

Permit Type: COMBINED DEVELOPMENT PERMIT

Planning Area: CARMEL AREA LAND USE PLAN

Environmental Status: ENVIRONMENTAL IMPACT REPORT

Project Description: COMBINED DEVELOPMENT PERMIT TO REDEVELOP THE EXISTING CARMEL CONVALESCENT HOSPITAL SITE, GENERALLY LOCATED AT THE NORTHWEST CORNER OF HIGHWAY ONE AND VALLEY WAY, WITH A 46-UNIT CONDOMINIUM PROJECT. REQUIRED ENTITLEMENTS INCLUDE: 1) STANDARD SUBDIVISION FOR A VESTING TENTATIVE MAP TO SUBDIVIDE 3.68 ACRES IN TO 46 CONDOMINIUM PARCELS AND COMMON OPEN SPACE; 2) LOCAL COASTAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL, TWO UNITS PER ACRE (MDR/2) TO HIGH DENSITY RESIDENTIAL, 12.5 UNITS PER ACRE (HDR/12.5), INCLUDING ASSOCIATED AMENDMENTS TO THE CARMEL AREA LAND USE PLAN; 3) COASTAL DEVELOPMENT PERMIT TO CONVERT THE FORMER CONVALESCENT HOSPITAL INTO NINE CONDOMINIUM UNITS WITH UNDERGROUND PARKING, RECREATION ROOM, STORAGE, AND A GYM; 4) COASTAL ADMINISTRATIVE PERMIT TO DEMOLISH ONE EXISTING STRUCTURE AND CONSTRUCT 12 BUILDINGS FOR A TOTAL OF 46 CONDOMINIUM UNITS; 5) COASTAL DEVELOPMENT PERMIT TO ALLOW DEVELOPMENT ON SLOPES OF 30% OR GREATER; 6) COASTAL DEVELOPMENT PERMIT TO ALLOW THE REMOVAL OF 97 TREES (21 COAST LIVE OAK AND 76 MONTEREY PINES); AND 7) DESIGN APPROVAL. THE EXISTING HOSPITAL ADDRESS IS 24945 VALLEY WAY, CARMEL (ASSESSOR'S PARCEL NUMBERS 009-061-002-000, 009-061-003-000 AND 009-061-005-000), COASTAL ZONE.



IF YOU CHALLENGE THIS MATTER IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS PUBLIC NOTICE OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE APPROPRIATE AUTHORITY AT OR BEFORE THE PUBLIC HEARING.

FOR ADDITIONAL INFORMATION CONTACT:
LIZ GONZALES, Project Planner
(831) 755-5102 or gonzales@co.monterey.ca.us
Monterey County Resource Management Agency – Planning Department
168 West Alisal St. 2nd Floor, Salinas, CA 93901
(831) 755-5025


ADDENDUM:
MONTEREY COUNTY
RESOURCE MANAGEMENT AGENCY - PLANNING DEPARTMENT
MEMORANDUM

Monterey County Planning Department
as of Monday, December 27, 2010
Active Planning Projects as of December 27, 2010

Villas De Carmelo

Monterey County Planning Department
Meetings Videos

‘DOG TREE’ 2010

MERRY CHRISTMAS TO ALL (and especially to All Canines and Their Human Companions)

Ornaments, close-up

“DOG TREE” 2010, Ornaments to Honor:
Aby, Alvin, Andre, Angel, Angus, Annie, Arrow, Bailey, Baily, Barney, Baue, Beaux, Bell, Belle, Beret, Biggy, Brandy, Brie, Brindle, Brownie, Buck, Buddy, Buffy, Bunny, Buster, Buttons, Carl, Carla, Celeste, Charley, Chewy, Clementine, Cody, Cosmo, Daisy, Dewey, Dot, Duke, Duncan, Elroy, Emma, Fritz, George, Gracie, Harvey, Heidi, Herman, Hershy, Huck, Huckleberry, India, Jake, Jackson, Jane, Jazzy, Katie, Keillor, Kelsey, Kodi, Lady, Leo, Lily, Lucas, Lucy, Malik, Mariah, Max, May, Micki, Midge, Miley, Milo, Molly, Muffin, Murhy, Myrna, Noah, Nutmeg, Olivia, Otis, Ozzy, Peaches, Peanut, Pedro, Peluche, Piasso, Pooka, Ranger, Rover, Roxy, Rudy, Rupert, Ryan, Ryder, Sadie, Sarah, Sam, Sanji, Sasha, Scrapes, Schubert, Scotland, Shani, Shelby, Shooter, Snicker Doodles, Snorkel, Snowbear, Solo, Soula, Spanky, Squirt, Sugar, Suki, Summer, Sunshine, Syrah, Trevor, Toby, Topaz, Waldo, Weaver, Whidbey, Willy, Winston, Wrangler, Zande, Zoey

Ornaments, close-up

AGREEMENT Between CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation And SUNSET CULTURAL CENTER, INC.

ABSTRACT: The AGREEMENT Between CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation And SUNSET CULTURAL CENTER, INC. A California Not-For-Profit Corporation, June 8, 2004, is uploaded. This Agreement is in effect presently; SCC Board of Trustees notified the Mayor and Council members in December 2009 that SCC was exercising its option under the Agreement for a second contract renewal of three years beginning July 1, 2010 and ending June 30, 2013. The current three-year Agreement renewal is the final extension provided in the Agreement. The Agreement does not have a three-year budget commitment like the original Agreement; the FY 2010/2011 City subsidy is $650,000 and FY 2011/12 City subsidy and FY 2012/13 City subsidy will be determined during the City’s budget process, according to Assistant Director Barbara Davison.


City _ SCC Agreement
AGREEMENT Between CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation And SUNSET CULTURAL CENTER, INC. June 8, 2004

SUNSET CENTER PRESS RELEASE (December 8, 2010) & Peter’s Point of View: A Word from our Executive Director, SUNSET CENTER NEWS (December 7, 2010)

ABSTRACT: The SUNSET CENTER PRESS RELEASE (December 8, 2010) entitled “SUNSET CULTURAL CENTER BOARD OF TRUSTEES ANNOUNCES ORGANIZATIONAL RESTRUCTURING” and Peter’s Point of View: A Word from our Executive Director, SUNSET CENTER NEWS (December 7, 2010), are reproduced. According to the PRESS RELEASE, “a modified management strategy for operating the facility has emerged and will take effect January 1, 2011. Current Executive Director, Peter Lesnik, will shift his role to that of an advisor to a newly appointed Managing Director (TBD) who will assume an overall administrative role while Lesnik consults on theater programming and operations.” A QUESTION is posed regarding the management of the Sunset Center, past and present.

SUNSET CENTER PRESS RELEASE
For Immediate Release: December 8, 2010
Media Contact: Christine Sandin, (831) 620-2077

SUNSET CULTURAL CENTER BOARD OF TRUSTEES ANNOUNCES ORGANIZATIONAL RESTRUCTURING

Carmel-by-the-Sea, CA – Sunset Cultural Center, Inc. the non-profit organization contracted by the City of Carmel to manage Sunset Center, announces plans to restructure overall facility operations. With the tightening economy, the Board and venue staff have been busy exploring new business models and examining strategies for optimizing usage of the overall facility, including the north wing of the building that houses the administrative offices, the Marjorie Evans Gallery and a variety of meeting and conference space.

While Sunset Center Theater continues to be a sustainable operation in its own right, additional opportunities exist to develop the usage and revenues of the facility beyond the performances, and pursuing these newer ventures is a priority for the Sunset Center Board of Trustees. Concurrently, a modified management strategy for operating the facility has emerged and will take effect January 1, 2011. Current Executive Director, Peter Lesnik, will shift his role to that of an advisor to a newly appointed Managing Director (TBD) who will assume an overall administrative role while Lesnik consults on theater programming and operations.

Lesnik states, “This is an opportune time for me since I am ready to end my career as an Executive Director of performing arts centers. It has been 27 fulfilling years of building, guiding, creating and nurturing, but now is the time for me to select projects, work with people I share values and vision with, and focus on making art a greater part of day-to-day life for as many people as possible. I will continue to work with Sunset Center and help program the artist series and Classroom Connections, as well as assist with marketing and development. I have enjoyed working with the board, staff and community to bring the Sunset Center to new levels of professionalism while knitting it more into the daily life of Carmel and the region. I look forward to continuing in my new role.”

Jim Price, SCC Board Chair, said on behalf of the trustees that Lesnik’s leadership in arranging a diverse and popular series under the Sunset Presents banner is a significant contribution to Sunset Center’s program calendar, which has great benefit for the community. He engaged a large number of shows and worked to deepen the audience experience by adding special pre- and post-show events. The board intends to continue these events as well as to bring new performances to Carmel. The board congratulates Lesnik for his achievements and looks forward to his new consultant role.

###

SUNSET CENTER NEWS
December 7, 2010

Peter’s Point of View
A Word from our Executive Director

Change is in the air at Sunset Center. With the tightening economy, we have been busy exploring new business models and examining strategies for optimizing usage of our overall facility. As such, the Sunset Center Board of Trustees and I have agreed that there is a concurrent need for a modified management strategy at SCC.

As of January 1, I will shift my role at Sunset Center to that of an advisor to a newly appointed Managing Director who will assume an overall administrative role. This is an opportune time for me since I am ready to end my career as an Executive Director of performing arts centers. It has been 27 fulfilling years of building, guiding, creating and nurturing, but now is the time for me to select projects, work with people I share values and vision with, and focus on making art a greater part of day to day life for as many people as possible. I intend to do this by working with artists on new projects, working with organizations who are trying to increase their cultural participation and by working with professionals to improve their effectiveness. This will involve producing new shows, collaborating with diverse artists and organizations, and working side by side with organizational leaders and their boards/administrations at expanding the scope and impact of their programs.

I will continue to work with Sunset Center and help program the artist series and Classroom Connections as well as assist with marketing and development. I will base myself on the Monterey Peninsula, though I will be spending more time in the Los Angeles and San Francisco areas. I have enjoyed working with the board, staff and community to bring the Sunset Center to new levels of professionalism while knitting it more into the daily life of Carmel and the region. Thank you for your support.

Best,

Peter

QUESTION: Why should Carmel-by-the-Sea taxpayers continue to subsidize a non-profit to manage the city-owned Sunset Center when SCC’s “organizational restructuring” involves a management structure not substantively different from that of a City Community and Cultural Department with a Community and Cultural Director, as has been the management history of the Sunset Center prior to SCC’s management takeover in 2004?

Sunset Cultural Center (SCC) Board of Trustees ousts Executive Director Peter Lesnik

ABSTRACT: The Sunset Cultural Center, Inc. (SCC) Board of Trustees did not renew Executive Director Peter Lesnik’s contract; Lesnik was originally hired in January 2008 and will leave SCC at the beginning of 2011. Apparently, Peter Lesnik will be acting as an “advisor” to the next executive director and acting as a consultant booking acts for Performance Carmel. And according to reporting in Monterey County Weekly, SCC Board of Trustees believes SCC requires a new executive director to implement “a new strategy” which includes developing opportunities “beyond performances.,” based on a statement issued Wednesday, 8 December 2010, by SCC. QUESTIONS, COMMENT and ADDENDUM are presented.

Lesnik Sunset
Carmel's Sunset Center undergoes reorganization.
By Mary Duan, MONTEREY COUNTY WEEKLY, December 9, 2010

QUESTIONS: In reporting and commenting on the second SCC Executive Director to prematurely leave his position, will The Monterey County Herald, Monterey County Weekly and The Carmel Pine Cone satisfactorily address these questions, as follows: Why couldn’t the SCC Board of Trustees work with Executive Director Peter Lesnik to implement a “new strategy” for Sunset Center? Why was it necessary to search for a “new managing director?” When did the Board of Trustees decide to search for a new managing director and how long has it been since the Board of Trustees “identified a candidate” for executive director? What are the other “opportunities” which exist to “develop revenues and use of the facility beyond performances?”

COMMENT:
• Since 2001, under the auspices and arguably, at the instigation of Mayor Sue McCloud, many senior management city employees have prematurely retired from the City, including the Assistant City Administrator, Community and Cultural Director, Public Works Director, Financial Services Coordinator, Planning Director, Library Director, Executive Assistant, and Human Resources Manager. And since 2004, two SCC Executive Directors, namely Jack Globenfelt and Peter Lesnik, have departed from Sunset Cultural Center, Inc.

Questions: How has the loss of “institutional memory” and experience represented by these city employees and executive directors contributed to the instability, chaos and confusion that is currently the state of Carmel-by-the-Sea and city government? What does the high number of former members of the SCC Board of Trustees (12) compared to the present number of members (8) say about the management of the Sunset Center?

ADDENDUM:
Sunset Cultural Center, Inc. Board of Trustees
Jim Price - Chair
David S. Parker - Treasurer
Deanna R. Adolph - Secretary
Robert L. Oppenheim
Judith Profeta
Gerard Rose
Kurt Grasing
Sally Reed

Former Trustees
Demi Briscoe
Katherine Bucquet
Sarah W. Brown
Steven Hillyard
Karen D. Kadushin
Mara Kerr
Gary Luce
Michael L. McMahan
James Sanders
Fred O'Such
Perry L. Walker
Ron Wormser

NOTES: Sunset Cultural Center, Inc., a non-profit corporation, assumed management of Sunset Center in 2004. Since 2004, there have been twenty Trustees, including twelve former Trustees, more than the current number of eight Trustees on the Board today.

In 2007, SCC received 26 applications and interviewed seven finalists, according to board chairman Jim Price. “We wanted someone not only with theater experience, but with strong administrative and marketing know-how, and also someone who would work well in the community and with the city,” Price said. “There were a number of candidates who had excellent qualifications in some of those areas, but Peter has qualifications in all of those areas.” The Board of Trustees unanimously voted to hire Peter Lesnik.
(Source: Veteran theater exec, producer, director to head Sunset Center, MARY BROWNFIELD, The Carmel Pine Cone, November 23, 2007)

COMMENTARY Carmel-by-the-Sea: Theatre of the Absurd

In City Administrator Rich Guillen’s oral presentation, Agenda Item Summary and Staff Report for the City Council’s 7 December 2010 holiday lights in the Business District agenda item, he stated that “Policy No. C95-08 allows the temporary placement of lights in or on commercial property during the holiday season. According to the policy, the “holiday season” begins on the third Wednesday in November and continues until the second Wednesday in January. Last year Council extended this period to the Monday following the AT&T Pebble Beach Pro-Am Golf Tournament or the second Monday in February.” However, City Policy No. C95-08 HOLIDAY LIGHTS states The “holiday season” is defined as the period beginning with the third Wednesday in November and continuing until the Tuesday following Presidents Day. Presidents Day is always celebrated on the third Monday of February.

City Administrator Rich Guillen also stated that the existing Holiday Lights Policy is out-of-date. Specifically, Guillen cited item 6 of the Policy as being out-of-date and in need of revision. However, item 6 states “Lights shall be removed if, in the opinion of the City Forester, they are damaging a tree.” Guillen stated that it read “Forest, Parks and Beach Director” and since the City “no longer has a Forest, Parks and Beach Director,” “City Administrator” should be substituted for the Forest, Parks and Beach Director. Parenthetically, Mike Branson is the City Forester, Parks & Beach. Adding to the confusion is City Policy No. C95-08 which City Administrator Rich Guillen appended to his Staff Report which states: The “holiday season” is defined as the period beginning with the third Wednesday in November and continuing until the second Wednesday in January and item 6. “Lights shall be removed if, in the opinion of the Forest, Parks and Beach Director, they are damaging a tree.”

Furthermore, at the City Council's 2 November 2010 meeting, the City Council authorized the installation of LED lighting in the Ocean Avenue medians and approved lighting beginning the Monday prior to the Thanksgiving holiday and extending through the beginning of Daylight Saving Time, or the second Sunday of March. However, City Administrator Rich Guillen stated in his Agenda Item Summary and Staff Report that “the City Council may want to amend the Policy C95-08 to make the placement of lights consistent with the action taken on the Ocean Avenue medians” when he should have known from Fire Marshall Art Black’s statement of January 2009 that decorative light strings are for seasonal use and “cannot be used for more than 90 days.” The number of City Council approved lighting days between the Monday prior to the Thanksgiving holiday 2010 and the beginning of Daylight Savings Time on the second Sunday, 13 March 2011, is over 110 days. And according to Fire Marshall Art Black, “As well as the fire safety concerns with these light strings, the Municipal Code of the City prohibits display in commercial occupancies of these seasonal light strings.”

During the public comment period, resident Jonathan Sapp submitted a petition to the City Council from 36 retailers, restaurateurs, innkeepers and commercial property owners commending the City Council for “expanding the time for lights in the center medians of Ocean Avenue to run through the beginning of daylight savings time” and encouraging the City Council to “consider the lights on all year round.” Further, the signers are in favor of “low intensity lights on sidewalk trees throughout the downtown to make it easier for residents and visitors alike to walk around the area especially during the dark period.” However, seemingly unknown to Jonathan Sapp, the signers of the petition and the City Council are the pertinent provisions in the City’s General Plan/Coastal Land Use Plan Land Use & Community Character Element, as follows:

P1-54 Limit exterior lighting to prevent glare and preserve the traditional low levels of illumination during hours of darkness.

O1-13 Maintain diligent control over signs and other advertising or notice attracting facilities in order to avoid unsightly, bizarre, and/or out of scale visual impacts, including exterior lighting and lights from window displays.(LUP)

P1-80 Prohibit unsightly design elements such as excessive numbers of signs, nonfunctional awnings, exterior displays, interior displays, and excessive interior lighting used primarily as advertising or attention-getting features visible from the public rights-of-way. (LUP)

Moreover, Ordinance No. 96 passed on 5 June 1929 states, as follows:

“THE CITY OF CARMEL-BY-THE-SEA is hereby determined to be primarily, a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character; and that said determination is made having in mind the history and the development of said city, its growth and the causes thereof; and also its geographical and topographical aspects, together with its near proximity to the cities of Pacific Grove and Monterey and the businesses, industries, trades, callings and professions in existence and permissible therein.”

In sum, the City Council should adopt policies which honor the spirit of Ordinance No. 96 and refrain from adopting policies which lend credence to Wall Street Journal travel writer Matt Schwartz’s recent characterization of downtown Carmel as “kitschy.”

“MINUTES” for Three Noteworthy 7 December 2010 City Council Agenda Items

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, December 7, 2010

Archived Video Streaming

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
1. Receive City’s Year-End and First Quarter 2010-2011 financial reports.

Laura Dadiw, Interim Finance Manager, highlighted her report with a PowerPoint Presentation.

Highlights of the Fiscal Year July 1, 2009 – June 30, 2010, as follows:

City of Carmel-by-the-Sea “Big Three” Revenues were less than 1% off of budget and the Property Tax revenue (over $4 million) exceeded Transient Occupancy Tax revenue (less than $4 million) for the second year.

FY 2009/10 SUMMARY
Actual Revenues: $12,649,245 (Unfavorable compared to budget: $631,906)
Less Operating Expenditures: (Unfavorable $12,511,935)
Excess of Revenues over Expenditures: Favorable $137,310
Less Capital Improvements and Outlays: (Unfavorable $251,830)
Net Surplus (Deficit) – Before Transfers (Unfavorable $114,520)

Council Member Ken Talmage summarized that revenues decreased 5% from budget and expenditures on budget. The Capital Improvement budget was cut to cover shortfall and balance the budget. Talmage stated that cutting the Capital Improvement budget to balance budget was “not a sustainable strategy over the long-term” because the City has Capital Improvement needs.

City Administrator Rich Guillen admitted that deferred maintenance “continues to grow and grow and grow” when projects are not accomplished.

FY 2009/10 Capital Projects:
Forest Theatre Master Plan: $44,505
Mission Trail Nature Preserve Pedestrian Footbridge: $15,107
General Plan Housing Element: $12,964
Beach Sand Replenishment: $10,596
Del Mar Restroom Improvements: $9,219

Laura Dadiw stated an “overall favorable” status for the first quarter of FY 2010/11. Business license tax continues to lag. And revenues overall show a negative budget variance of $236,664.

Capital Project Expenditures Year Ended September 30, 2010
Top 3 Expenditures:
Pedestrian Path - San Antonio Av. between 2nd Av. & 4th Av.: $98,326
Capital Lease Obligations: $81,129
Beach Seawall Repair: $45,355

General Fund - Summary
Qtr Ended September 30, 2010
Operations:
Net Surplus (Deficit): $217,898 Favorable compared to Budget
($75,000 Unfavorable with salary accrual)
Capital Projects and Equipment Acquisitions:
$325,030 Favorable compared to Budget

2. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

City Administrator Rich Guillen stated that the audit presentation would be next month, January 2010.

XI. Orders of Council
A. Receive report and provide policy direction on extending the shared fire services agreement for 30 days.

City Administrator Rich Guillen reviewed the options staff was charged by the City Council with researching, namely stand-alone fire department, contract with the City of Monterey or contract with another fire agency, CAL FIRE. Guillen stated that the City is “not anywhere close to a final decision.” Therefore, the City has asked the City of Monterey to extend the contract for another 30 days to January 31, 2011 for the purpose of scheduling a workshop to thoroughly vet all fire service options. No action is required of the Council because City Managers can mutually agree to administratively extend the agreement.

Council Member Ken Talmage expressed his concern that the 30-day extension is unrealistic and later suggested a 90-day extension.

City Administrator Rich Guillen clarified a correction in the agreement’s language; “This Agreement may be extended by mutual agreement of the Parties,” not “This Agreement may be extended by mutual agreement of the Parties conditioned upon joint commitment and good faith effort to develop and execute a successor agreement for full fire department services.”

Council Member Jason Burnett expressed the need for answers to the publics’ questions in the form of Q and A be provided to the public prior to the workshop.

Council Member Ken Talmage stated that prior to the workshop he anticipates that there will be an information packet consisting of a Staff Report and information on stand-alone fire department and ambulance service, Monterey report, CAL FIRE report and other pertinent information for the public. Talmage stated that the information needs to be made available to the public at least 10 days prior to the workshop meeting.

Mayor McCloud opened the meeting to public comment.

Carolyn Hardy, resident, made copies for the City Council of the previous contract adopted January 5, 2010. Hardy queried the meaning of “no city council action is necessary at this time” since there is a need to set a date for the workshop, set parameters, and extend the contract.

Dick Stiles, on behalf of the CRA Board, referenced a CRA letter to the City Council. Stiles summarized some points contained in the letter, including setting a date certain for the workshop post-holiday season and the 30-day extension is insufficient time to deliberate and analyze the fire service options. Stiles expressed other concerns: First, preserve response times; second, maintain ambulance service; third, maintain governance over levels of service; fourth, cost effective service; and fifth, continue automatic aid services. Stiles advocated that relevant information about options be made available to the public in advance of the workshop, such as the suggestion of 10 days prior to the workshop.

Mayor McCloud closed the meeting to public comment.

A 5-minute break ensued to allow Chief Andrew Miller and City Administrator Rich Guillen time to discuss a fire services contract extension.

City Administrator Rich Guillen stated that the City of Monterey agreed to a 90-day extension, but stated that the Council should approve the 30-day extension and approve an additional 60 days in January 2011.

Council Member Jason Burnett expressed the desire for information about CAL FIRE and the City of Monterey operating both the whole department and administration only. Burnett stated 10-year financial projection values from prospective fire service providers, as recommended generally by the League of California Cities, would be desirable.

Mayor Sue McCloud stated the date for the workshop will be in January 2011.

Three Noteworthy 7 December 2010 City Council Agenda Items

ABSTRACT: Three Noteworthy 7 December 2010 City Council Agenda Items, namely Receive City’s Year-End and First Quarter 2010-2011 financial reports, Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs and Receive report and provide policy direction on extending the shared fire services agreement for 30 days, are presented. Excerpts from Agenda Item Summary, Staff Report, AGREEMENT TO PROVIDE INTERIM FIRE ADMINISTRATION AND EMERGENCY INCIDENT MANAGEMENT SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA, Amendment to Agreement to Provide Limited Fire Services between the Cities of Monterey and Carmel-By-The-Sea and Amendment #2 to Agreement to Provide Interim Fire Administration and Emergency Incident Management Services between the Cities of Monterey and Carmel-By-The-Sea are provided.

AGENDA PACKET
Regular Meeting
Tuesday, December 7, 2010
4:30 p.m., Open Session

Live & Archived Video Streaming

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
1. Receive City’s Year-End and First Quarter 2010-2011 financial reports.

2. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

XI. Orders of Council
A. Receive report and provide policy direction on extending the shared fire services agreement for 30 days.

Description: In December 2008, Council directed staff to review alternatives of providing fire services. Over the past several months, separate meetings were held with both CAL FIRE and Monterey/Pacific Grove fire departments to review all possible alternatives. There also was a period of time when all agencies were evaluating the creation of a Joint Powers Authority to provide Peninsula-wide shared fire services, however, this effort has encountered some difficulties, mostly related to risk management. Thus, staff’s efforts have refocused on developing a contractual relationship with an outside fire agency.

Staff has now formally requested a mutually agreeable, 30-day extension of the Monterey/Pacific Grove shared fire services agreement. It is recommended that the extension not go beyond January 31, 2011.

Overall Cost: The monthly payment for the current services provided by Monterey/Pacific Grove is $13,500 per month. This amount will remain the same during the 30-day contract extension period.

Staff Recommendation: Review the report and provide direction.

Important Considerations: Before the January 31, 2011 extension with Monterey/Pacific Grove ends, a comprehensive draft report will be presented at a Council workshop, the focus of which will be a review of various shared fire services alternatives. Staff will ask the Council some time before the end of January to decide which fire services alternative will best serve the City and to direct staff to prepare the appropriate agreements to implement that decision.


RECOMMENDATION
The agreement allows for an extension of the agreement by mutual consent of both parties. No City Council action is necessary at this time.

STAFF REVIEW
Staff has formally requested a 30-day extension on the Monterey/Pacific Grove shared fire services agreement. Staff is completing the draft report and accompanying PowerPoint presentation. It is recommended that the extension not go beyond January 31, 2011.

Prior to the end of this extension, a Council workshop will be held to review the various shared fire services alternatives. At some point before January 31st, staff will ask the Council to make a decision on which fire services alternative will best serve the City and thus, direct staff to prepare the appropriate agreements to implement that decision.

SUMMARY
A draft comprehensive report is being completed and will be presented at an upcoming Council workshop.

AGREEMENT TO PROVIDE INTERIM FIRE ADMINISTRATION AND EMERGENCY INCIDENT MANAGEMENT SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA

THIS AGREEMENT, made and executed this day of December 3, 2008 by and between the CITY OF MONTEREY, a municipal corporation, herein after referred to as “Monterey,” and the CITY OF CARMEL-BY-THE-SEA, a municipal corporation, herein after referred to as “Carmel” (collectively referred to as “the Parties), ...

ARTICLE I
TERM OF AGREEMENT

1.1 Initial Term. The term of this Agreement shall be from 12:00 midnight on December 15, 2009 through 11:59 p.m. on February 28, 2009.

1.2 Extension of Term. This Agreement may be extended by mutual agreement of the Parties conditioned upon joint commitment and good faith effort to develop and execute a successor agreement for full fire department services.

ARTICLE III
DUTIES OF CARMEL UNDER THIS AGREEMENT

3.1 Payment for Fire Services. Carmel agrees to compensate Monterey for all services provided pursuant to the terms and conditions of this Agreement as follows:

(a) $11,250.00 per calendar month, prorated at $375.00 per day, or any portion of a day, for services provided during any partial calendar month.

ADOPTED BY:
CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation

By: Rich Guillen, City Administrator
Date: 12/31/08

CITY OF MONTEREY, A Municipal Corporation
By: Fred Meurer, City Manager
Date: 1/20/09


Amendment to Agreement to Provide Limited Fire Services between the Cities of Monterey and Carmel-By-The-Sea

ARTICLE I
TERM OF AGREEMENT

1.2 Extension of Term. The term of this Agreement is hereby amended to expire at 12:00 midnight on January 31, 2010.

ARTICLE III
DUTIES OF CARMEL UNDER THIS AGREEMENT

3.1 Payment for Fire Services. Carmel agrees to compensate Monterey for all services provided pursuant to the terms and conditions of this Agreement as follows:

(a) Effective July 1, 2009, $13,500.00 per calendar month, prorated at $450.00 per day or any portion of a day, for services provided during any partial calendar month.

ADOPTED BY:

CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation

By: Rich Guillen, City Administrator
Date: 7-8-09

CITY OF MONTEREY, A Municipal Corporation

By: Fred Meurer, City Manager
Date: 7/26/09


Amendment #2 to Agreement to Provide Interim Fire Administration and Emergency Incident Management Services between the Cities of Monterey and Carmel-By-The-Sea

ARTICLE I
TERM OR AGREEMENT

1.2 Extension of Term. The term of this Agreement is hereby amended to expire at 12:00 midnight on December 31, 2010. The term of this Agreement may be further extended by mutual agreement of the Parties conditioned upon joint commitment and good faith effort to develop and execute a successor agreement for full fire department services.

All other remaining terms and conditions of the Agreement not specifically amended herein shall remain unchanged.

ADOPTED BY:

CITY OF CARMEL-BY-THE-SEA. A Municipal Corporation

By: Rich Guillen, City Administrator
Date: 1-25-10

CITY OF MONTEREY, A Municipal Corporation

By: Fred Meurer, City Manager
Date: 2-2-10

DECISION APPROVING REGIONAL PROJECT, ADOPTING SETTLEMENT AGREEMENT, AND ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR CALIFORNIA-AMERICAN WATER FACILITIES (COMMISSIONER BOHN) & PUC APPROVAL OF THE REGIONAL DESALINATION PROJECT

UPDATE: California Public Utilities Commission Approved the Regional Desalination Project, a water desalination plant for the Monterey Peninsula at their meeting today in San Francisco. “The Regional Desalination Project will be developed by California American Water, a regulated utility and water provider to the Monterey Peninsula, and the Marina Coast Water District and the Monterey County Water Resources Agency, two local public water agencies. The cities of the Monterey Peninsula will also participate in oversight of the project through an advisory committee.” And "Today's decision balances the need for adequate water with the need to provide water at a reasonable price," said CPUC Commissioner John A. Bohn, author of today's decision. "The CPUC must balance the cost burden contemplated on Cal-Am ratepayers from the construction of the Regional Project, generally regarded as the only feasible project with the likelihood being completed within the time limit imposed by the State Water Resources Control Board, with the burden on those same ratepayers if no alternative source of water is produced."

ADDENDUM:
Cal-Am Gets the Go Ahead for Regional Water Desalination Plant, KION CENTRAL COAST NEWS, Dec 2, 2010

CPUC Approves Peninsula Water Project
Desalination Project Has Been In Works Since 2003, KSBW, December 2, 2010

CPUC Approves Regional Desalination Project
Community Water Supply Passes Major Milestone, Business Wire, December 2, 2010


ABSTRACT: DECISION APPROVING REGIONAL PROJECT, ADOPTING SETTLEMENT AGREEMENT AND ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR CALIFORNIA-AMERICAN WATER FACILITIES (December 2010) is uploaded. A link to “Monterey Peninsula desalination plant could skip changes,” published today in The Monterey County Herald, is provided.


Decision ALTERNATE PROPOSED DECISION OF COMMISSIONER BOHN
Bohn Alternate (Rev 2) Approving Regional Proj., Adopting Settlement Agreement and Issuing CPCN for CalAm Water Facilities.
Proceeding: A0409019

ADDENDUM:
Bohn Agenda Dec Approving Regional Proj., Adopting Settlement Agreement and Issuing CPCN for CalAm Water Facilities (REDLINED VERSION).
Proceeding: A0409019

Monterey Peninsula desalination plant could skip changes
PUC member calls for OK of backers' agreements
By JIM JOHNSON
Herald Salinas Bureau
Posted: 12/02/2010

Carmel Art Association Presents ALL MEMBER SHOW – ANNUAL MINIATURE & SMALL PAINTING SHOW, HOLIDAY OPEN HOUSE & TWO-PERSON SHOW FEATURING PRINTMAKERS TAKIGAWA AND GELLER-ROBERTSON

Carmel Art Association
“Celebrating 82 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 ALL MEMBER SHOW – ANNUAL MINIATURE & SMALL PAINTING SHOW, HOLIDAY OPEN HOUSE & TWO-PERSON SHOW FEATURING PRINTMAKERS TAKIGAWA AND GELLER-ROBERTSON

Thursday, December 2, 2010 - January 4, 2011

ALL MEMBER SHOW
ANNUAL MINIATURE & SMALL PAINTING SHOW
Features hundreds of paintings by Carmel Art Association artists in a myriad of styles and subject matter.

Carmel Art Association Artists (alphabetical order by surname)
Apodaca, Johnny (Painter)

Auvil, Eleen (Sculptor, Painter)

Beach, Mary FitzGerald (Painter)

Bellmer, Jeanne (Painter)

Bibler, Richard (Painter)

Bhaskar, Norma Zeigle (Painter)

Black, Blaine (Sculptor)

Bradford, Cyndra (Painter)

Bradshaw, Robert (Painter)

Burr, Mary (Painter)

Carroll, Pam (Painter)

Carvell, Fred (Painter)

Catbagan, Eileen (Painter)

Coleman, Constance Depler (Portrait Artist)

Crispo, Dick (Painter)

Crocetti, Kathleen (Sculptor)

Crozier, Christine (Artist)

Curtis, Micah (Sculptor)

Dahlstrand, Olof (Painter)

Davidson, Laurent (Painter & Sculptor)

Dominguez, Miguel (Painter)

Dominguez, Miguel A. (Painter)

Donovan, Gael (Painter)

Downs, Douglas (Sculptor)

Elmore, Gene (Painter)

Farina, Mark (Painter)

Farmer, Beva (Painter)

Farrington, Reed (Painter)

Fry, Virginia (Painter)

Geller-Robertson, Alice (Printmaker)

Giacometti, Susan (Painter/Printmaker)

Golding, Frieda (Painter)

Goldstein, Helene (Painter)

Gonzales, Alex (Painter)

Grauer, Ron (Painter)

Goyatton, Yves (Sculptor)

Handy, Dennis (Sculptor)

Harris, Sam (Painter)

Hart, Roianne (Painter)

Healey, Sarah (Painter)

Hewitt, Robert Reynolds (Painter)

Hiers, Peter (Sculptor)

Hitchcock, Eric (Sculptor)

Holt, Shirley (Painter/Illustrator)

Hybl, Heidi (Painter)

Jelmini, Peggy (Painter)

Johnson, Andrea (Painter)

Johnson, Barbara (Painter and Printmaker)

Jordan, Susan (Painter)

Laney, Francyne (Painter)

Lestrade, Jack (Painter)

Lim, Y. S. (Painter)

Lindberg, Keith (Painter)

Lofton, Melissa (Painter)

Long, Michie (Painter)

Marsh, John Francis (Painter)

Martin, Gerard (Painter)

Matteson, Rip (Figurative Painter)

McWilliams, John (Painter)

Meheen, Alicia (Painter)

Minou, Carole (Printmaker & Graphic Designer)

Morrison, Brenda (Painter)

Nordmann, Joseph (Painter)

Northrop, Wilda (Painter)

Olsen, Peggy (Painter)

Parker, Carol (Painter)

Pickford, Rollin (Painter)

Plamondon, Peter (Painter)

Puckett, Randy (Sculptor)

Rappa, Anthony (Painter)

Reeves, Gail (Painter)

Reith, Susan (Painter)

Robbins, Stan (Artist & Painter)

Roberts, Margaret (Painter)

Robinson, Irene (Painter)

Sawicki, Ryszard (Richard) (Painter)

Schnute, William (Sculptor, Woodcraver)

Schwien, Guenevere (Photo Realist Oil Painter)

Sloan, Timothy (Painter)

Smith, Jeff Daniel (Painter)

Smith, Julie Brown (Artist)

St. Mary, Michael (Sculptor)

Takigawa, Pamela (Artist)

Tanous, Joe (Painter & Illustrator)

Tette, Richard (Painter)

Torres, Gustavo (Sculptor)

Tsouris, Michel (Painter)

Vidor, Belinda (Painter)

Wagstaff, Jan (Painter)

Ward, Edward Norton (Painter)

Wasserman, Gerald (Painter, Sculptor)

Whitlock, David (Painter)

Williams, Andy (Painter)

Winfield, Rodney (Painter)

Wolcott, Diane (Painter)

Woodruff, Jean (Painter)

Woodson, Richmond (Painter)

Yadon, Vern (Painter)

TWO-PERSON SHOW “THE OWL AND THE PUSSYCAT” (Center Room):
Printmakers Pamela Takigawa and Alice Geller-Robertson exhibit monotypes and monoprints depicting owls and felines. View six artwork images from Takigawa’s “Waves of the Past” exhibit (September/October 2009), including “Brace Yourself,” “Boy Toys,” “Miller Falls,” “Chiseled,” “Drink Coca-Cola” and “Stanley No. 404.”

Holiday Open House, Saturday, December 4, 6:00 P.M. – 8:00 P.M.
Please bring non-perishable food items and new, unwrapped toys and/or jackets & sweaters for children of all ages from November 30 to December 16 for the the Salvation Army's Toy Drive and Food Basket programs.