Thursday, September 30, 2010

CALIFORNIA COASTAL TRAIL IMPROVEMENTS: Pedestrian Walkway, Boardwalk and Carmel Beach Stairway

UPDATE II: (Monday, 22 November 2010) PROTECTED HABITATS
Lupinus tidestromii (Tidestrom's lupine)

Anniella pulchra (nigra) - Black Legless Lizard

UPDATE I: (Monday, 18 October 2010) Carmel Beach Stairs with Railing Completed
Carmel Beach Stairs
View from North Del Mar Dunes

View from Stairs towards Carmel Beach

Carmel Beach Stairs
View from Carmel Beach
Note: Total Number of Steps, 66

ABSTRACT: Photos of the California Coastal Trail Improvements, including the Pedestrian Walkway along North San Antonio Avenue, Boardwalk across North Del Mar Dunes and Carmel Beach Stairway, are presented. Construction by OTTO CONSTRUCTION. Selected excerpts from COASTAL PERMIT APPLICATIONS and COASTAL DEVELOPMENT PERMIT APPLICATION, with links, are provided. ADDENDUM includes Agenda Item Summary and Resolution for the "Consideration of a Resolution authorizing a for the "Consideration of a payment of $98,326.04 for the construction of the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue" on the October 5, 2010 City Council Agenda (Consent Calendar). An invoice from the Pebble Beach Company is expected for the City's share of the costs for the construction of the Carmel Beach Stairs and Boardwalk, as stated by Tim McMillin, Project Manager.

Pedestrian Trail, North San Antonio Avenue
Note: OTTO CONSTRUCTION
GENERAL CONTRACTOR

Boardwalk segment across North Del Mar Dunes
Note: Boardwalk constructed as part of the project as a means of protecting dune habitats, according to the California Coastal Commission staff. Mayor Sue McCloud had argued against the construction of the boardwalk because it would be “costly to install” and “difficult to maintain.”
Note: OTTO CONSTRUCTION
GENERAL CONTRACTOR


Carmel Beach Stairs
Note: OTTO CONSTRUCTION
GENERAL CONTRACTOR

CALIFORNIA COASTAL COMMISSION
MARCH 2010 AGENDA
SANTA CRUZ COUNTY
BOARD OF SUPERVISORS CHAMBERS
701 OCEAN STREET
SANTA CRUZ, CA 95060


THURSDAY, MARCH 11, 2010

CENTRAL COAST DISTRICT

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

COASTAL DEVELOPMENT PERMIT APPLICATION
Application number.......3-10-003, Del Monte Forest to Carmel Beach Trail

Applicant.........................Pebble Beach Company

Project location ..............Along the existing historic Redondo Trail alignment and the west side of Carmel Way (between the Pebble Beach Golf Links maintenance driveway and the City of Carmel gate) in the Del Monte Forest, and along North San Antonio Avenue (from the Carmel Gate to 4th Avenue) and the existing 4th Avenue beach accessway to Carmel Beach in the City of Carmel, Monterey County.

Project description.........Construct new public access pedestrian trail segments and improve existing trails to connect the Del Monte Forest trail system to Carmel Beach as part of the California Coastal Trail (includes trail and new stairway improvements in the Forest; decomposed granite walkway along Carmel Way and North San Antonio Avenue; a new trail through the North Del Mar Dunes area; and a new stairway to Carmel Beach).

Local approvals ..............City of Carmel Planning Commission design study MP 09-9; Monterey County design approval PLN090414.

File documents................Monterey County certified Del Monte Forest Area Local Coastal Program (LCP); City of Carmel certified LCP, including Del Mar Dunes Master Plan; Coastal Commission file for CDP 3-06-033; Coastal Commission file for LCP amendment CML-3-09 Part 1.

Staff recommendation ...Approval with Conditions

ADDENDUM:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
AGENDA
Regular Meeting
Tuesday, October 5, 2010
4:30 p.m., Open Session

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 a payment of $98,326.04 for the
construction of the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue.

Meeting Date: October 5, 2010
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing a payment of $98,326.04 for the construction of the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue.

Description: The Pebble Beach Company hired Pavex Construction to construct a pathway between the Carmel/Pebble Beach Gate and Fourth Avenue in time for the 2010 U.S. Open Golf Championship. The work was completed, except for the landscape installation. The City and Pebble Beach Company agreed to divide the cost of this Phase I project 50/50. Now, Phase II of the project is under way, which includes a stairway access to the beach and a boardwalk and will continue the pathway from Fourth Avenue to Carmel Beach.

Overall Cost:
City Funds: $98,326.03 (Capital Reserve Fund)
Grant Funds: $0

Staff Recommendation: Adopt the Resolution.

Important Considerations: During the AT&T Golf Tournament in February, San Antonio Avenue is commonly used as a pedestrian access. This poses a risk to pedestrians, given the large amount of vehicular traffic on San Antonio. For many years, a better pathway has frequently been discussed to improve pedestrian safety for this portion of San Antonio. Since the U.S. Open was held at Pebble Beach this past June and better pedestrian access was needed, Pebble Beach Company and staff collectively agreed to construct the existing pathway.

Decision Record: The pathway plan was presented to the City Council by the Pebble Beach Company. The City Council provided policy direction to move forward on the plan, including completing Phase I in time for the U.S. Open.

Reviewed:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE PAYMENT OF $98,326.03 TO CONSTRUCT THE PATHWAY ON SAN ANTONIO AVENUE BETWEEN THE CARMEL/PEBBLE BEACH GATE AND FOURTH AVENUE

WHEREAS, the Pebble Beach Company (PBC) and the City agreed to jointly participate in the financing of the San Antonio Avenue pathway construction; and

WHEREAS, PBC and the City agreed to divide the total cost of the San Antonio pathway construction 50/50; and

WHEREAS, the construction of this project is complete and PBC has submitted an invoice for 50% of construction costs to the City.

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

1. Authorize a payment of $98,326.03 to the PBC, per its submitted invoice.

2. Approve amending the FY 2010/2011 Annual Budget to transfer funds from the Capital Reserve Funds to fund this project.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of October, 2010, by the following roll call vote:

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

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

________________________
Heidi Burch, City Clerk

Monday, September 27, 2010

CONVICTION POLITICIANS Take Public Stands

ABSTRACT: Selected excerpts from a letter to the editor by former Mayor Ken White is juxtaposed against an “Update” from City Councilman Jason Burnett regarding City Administrator Rich Guillen and the City Council. A Comment is made about conviction politicians.

In the 10 September 2010 edition of The Carmel Pine Cone, former Mayor Ken White wrote, in part, as follows:

“As a former mayor and after 52 years in Carmel, I’ve never witnessed a scandal grip our community like the one created by Carmel City Administrator Rich Guillen’s misbehavior. His unacceptable conduct, in violation of our city’s harassment policy and Code of Ethics, caused the city to settle five separate claims totaling in excess of $1.1 million.”

“...the scandal now shifts to the shoulders of some indecisive city council members who cannot come to grips with right from wrong behavior...Rich Guillen has lost our trust and all credibility...The community cannot move forward until council members directly and decisively withdraw support of Guillen so he may announce his retirement.”

“...Have Carmel residents, complacent in comfortable lives, become so immune to misbehavior at city hall they will tolerate even the most egregious in our midst? For the good of our community, I urge everyone to request swift action of the city council to ensure that Guillen goes — one way or another.”


(Source: Guillen must go, Ken White, Carmel, The Carmel Pine Cone, September 10, 2010, 20A)

After the last closed session at City Hall on Thursday, September 23, City Councilman Jason Burnett wrote, in part, as follows:

“UPDATE: ...Some have asked why I have not yet said publicly what I think should happen. My best judgment tells me to wait so I don't jeopardize progress being made. I will take the opportunity to share my thoughts at the appropriate time. Right now, I am focused on getting the best outcome for Carmel even if it takes longer than any of us want.”

(Source: City Administrator review, Jason Burnett, Carmel-by-the-Sea COMMUNITY CONVERSATION)

COMMENT:
Conviction politicians take public stands; self-serving, politically correct politicians rationalize why they cannot take public stands. Moreover, by voicing strong opinions based on convictions, conviction politicians promote discussion of issues, such as sexual harassment, employment discrimination, retaliation, thereby involving all citizens in a robust, healthy debate, and most importantly, making an outcome an extension of the will of the people, not solely a decision of representatives meeting in secret closed sessions.

Tuesday, September 21, 2010

CITY COUNCIL: Another Closed Session on Sexual Harassment, Discrimination and Retaliation Lawsuit & City Administrator Rich Guillen

ABSTRACT: KION Central Coast News reported another City Council Closed Session is scheduled for Thursday, September 23, 2010 @ 2:00 P.M. Contact THE MAYOR & CITY COUNCIL MEMBERS information is provided. And links to past videos from KION are provided in the ADDENDUM.

Pop Up Video: New Information on Sexual Harassment Issue in Carmel
Duration: 4:25

Three Hour Carmel City Council Mtg: No Decision
Sep 21, 2010 11:25 PM PDT


WHO: Mayor and City Council Members

WHAT: City Council Closed Session

WHEN: Thursday, September 23, 2010 @ 2:00 P.M.

WHERE: City Hall
E/s Monte Verde St between Ocean Av. & 7th Av.
Carmel-by-the-Sea, CA.

WHY: Discussion on the Jane Kingsley Miller lawsuit, including City Administrator Rich Guillen

CONTACT THE MAYOR & CITY COUNCIL MEMBERS:
Sue McCloud, Mayor of Carmel-by-the-Sea
Elected Mayor: April 2000
Re-elected Mayor: 2002, 2004, 2006, 2008 & 2010
Term Expires: April 2012

Contact Information:
P.O. Box M-1
Carmel, CA 93921
City Hall Tel: (831) 620-2000
City Hall Fax: (831) 620-2004
Home Tel: (831) 624-7310
E-Mail: cloud93921@aol.com

Paula Hazdovac, Vice Mayor, Council Member, Carmel-by-the-Sea
Elected Council Member: April 1994
Re-elected for 1998, 2002, 2006, 2010
Term Expires: April 2014

Contact Information:
P.O. Box 3164
Carmel, CA 93921
Tel: (831) 620-2000 (City Hall)
Tel: (831) 625-2480 (Home)
E-Mail: pjhaz@hotmail.com

Jason Burnett, Council Member, Carmel-by-the-Sea
Sworn in as Council Member: April 2010
Elected in 2010
Term Expires: April 2014

Contact Information:
P.O. Box 5715
Carmel-by-the-Sea, CA 93921
Tel: 831-620-2000 (City Hall)
Tel: 831-624-3252 (Home)
Email: Jason@BurnettforCarmel.com

Karen Sharp, Council Member, Carmel-by-the-Sea
Appointed Council Member: 2007
Re-Elected 2008
Term Expires: April 2012

Contact Information:
P.O. Box 2526
Carmel-by-the-Sea, CA 93921
Tel: (831) 620-2000 (City Hall)
Tel: (831 624-5727 (Home)
E-Mail: karensharp@yahoo.com

Ken Talmage, Council Member, Carmel-by-the-Sea
Sworn in as Council Member: December 2006
Re-elected: 2008
Term Expires: April 2012

Contact Information:
P.O. Box 1526
Carmel, CA 93921
Tel: (831) 620-2000 (City Hall)
Tel: (831) 624-2462 (Home)
E-Mail: kktalm@aol.com

ADDENDUM:
Past Videos:
Carmel Sexual Harassment Meeting Held Tonight Pop Up Video – 21 September 2010
Reporter Brooke Holmquist
Duration: 3:11

Carmel City Council Discusses Sexual Harassment Allegations – August 2010
Reporter Susanne Brunner
Duration: 2:45
City Takes No Action

The Writing on the (City Hall) Wall
Carmel City Council hints that a decision on Guillen is close.
By Robin Urevich
SEPTEMBER 23, 2010

Sunday, September 19, 2010

The 2010 Carmel Authors & Ideas Festival: A Focus on the Participants, In Their Own Words

WHO: Founders: Cynthia & Jim McGillen

Participants: David Brooks (Keynote Speaker), Reza Aslan, Roy Blount, Jr., Julia Bolz, Po Bronson, Laura L. Carstensen, PhD., Patrick Flanigan, FRIEDMAN, Thomas L. Friedman, Jane Ganahl, Nolan Gasser, Pam and Fred Gilberd, Patrick Hunt, Jessica Jackley, Scott James (Kemble , Michael Krasny, David Mas Masumoto, Bill Milliken, Raj Patel, Frank Portman, Andy Raskin, Condoleezza Rice, Michelle Richmond, Michael Alec Rose, Barry C. Scheck, Eric Schlosser, Taelen Thomas, Liam Tiernan, Cameron Tuttle, Tobias Wolff, Willard Wyman, Philip Zimbardo.

WHAT: The Fourth Annual Carmel Authors and Ideas Festival

WHEN: Friday, September 24 – Sunday, September 26, 2010

WHERE: Sunset Center
E/s San Carlos St between 8th Av. & 10th Av.
Carmel-by-the-Sea, CA.

PARTICIPANTS (alphabetically listed by surname):
BROOKS, David, Keynote Speaker
Columnist for The New York Times, Author & Analyst

Charlie Rose - David Brooks
February 2010
Duration: 3:37

A Reasonable Man
In a world of loud voices and extreme positions, David Brooks manages to be both irrelevant and absolutely essential.
By Christopher Beam Published Jul 4, 2010


ARNOTT, Peter
Writer and Director

Blog

ASLAN, Reza
Associate Professor of Creative Writing at the University of California, Riverside, Writer and Scholar of Religions

Interview and Call-in with Reza Aslan, "Beyond Fundamentalism"
July 2010
Duration: 10:15

Contributor, the Daily Beast

Rethinking secularism:
Religion gone global: an interview with Reza Aslan
posted by Nathan Schneider


BLOUNT JR., Roy
Author of Non-Fiction, Writer and Contributor to NPR

THE MAIN STREAM: Roy Blount Jr.'s America
June 2010
Duration: 2:04

Roy Blount Jr.: "On the Non-Arbitrariness of Words"
November 2008
Duration: 1:14:00

BOLZ, Julia
Social justice advocate & international lawyer
Founder of the Journey with an Afghan School program, a project in partnership with the American Friendship Foundation (AFF)

Seattle woman builds a future for girls amid war in Afghanistan
In northern Afghanistan, Julia Bolz is achieving what was once unthinkable: opening school doors to girls.
By Hal Bernton
Seattle Times staff reporter


BRONSON, Po
Author & Writer

Keen On... with Po Bronson: What is the Creativity Crisis?
July 2010
Duration: 4:57

My Basic Philosophy
(as it comes to writing)


Blog

CARSTENSEN, PhD,, Laura L.
Fairleigh S. Dickinson Jr. Professor in Public Policy, Professor of Psychology, Director, Stanford Center on Longevity

Life-span Development Lab, Stanford University

Advancing Integrative Psychological Research on Adaptive and Healthy Aging - Session 1
May 2009
Duration: 2:44:18

FLANIGAN, Patrick
Poet

WE ONLY NEED

Flanigan, Patrick W. and David McQueen. When Sunflowers Speak: An Invitation to Contemplation. Pacific Grove, CA: Pacific Grove Publishing, 2005

FRIEDMAN, Thomas L.
Foreign-Affairs Columnist, The New York Times, & Author

Charlie Rose - Thomas L. Friedman
November 2009
Duration: 3:01

GANAHL, Jane
Author, Editor, Journalist

Jane Ganahl editor of SINGLE WOMAN OF A CERTAIN AGE
December 2008
Duration: 2:52

Musings of a happy spinster Blog

GASSER, Nolan
Composer, Pianist, and Musicologist

Current Projects

GILBERD, Pam and Fred
Authors of Under the Carmel Valley Sun: An Adventure in Remodeling, Relationships and Red Wine

Blog

HUNT, Patrick
Archaeologist, Art Historian, Poet, Biographer and Music Composer
Director of the Stanford Alpine Archaeology Project & Author

WAALM Awards 2008 Iranian Studies, Prof. Dr. Patrick Hunt.wmv
November 2008
Duration: 3:26

May 17, 2010
Wine in Antiquity: In Praise of Old Roman Wine
Posted by Patrick Hunt


JACKLEY, Jessica
Business Entrepreneur
Founder and CEO of ProFounder

Jessica Jackley Flannery Interview
July 2009
Duration: 3:22

The Story of Kiva
August 2009
Duration: 1:17:08

Advisory Board
Jessica Jackley | Co-Founder, Kiva


ASP Presents Jessica Jackley
May 2010
Duration: 1:13:23

JAMES, Scott
Author of Fiction

Authors@Google: Kemble Scott
January 2008
Duration: 42:21

TAS_Kemble Scott.mov
March 2010
Duration: 8:02

THE BAY CITIZEN
An Ascendant Nimby Crowd Threatens the Fun
By SCOTT JAMES
Published: September 9, 2010


KRASNY, Michael
Host of KQED’s Forum
Professor of English at San Francisco State University & Author

Authors@Google: Michael Krasny
December 2007
Duration: 57:44

A Radio Host Goes 'Off Mike' to Share Life Story
October 17, 2007


MASUMOTO, David Mas
Third Generation Californian Farmer & Author

Wisdom Of The Last Farmer
September 2009
Duration: 3:18

David Mas Masumoto's California Peach Orchard
June 2010
Duration: 1:29

Wisdom of the Last Farmer: Harvesting Legacies from the Land

MILLIKEN, Bill
Author & Advocate for Disenfranchised Youth
Founder of Communities In Schools

Bill Milliken
September 2009
Duration; 9:08

Bill Milliken (Communities in Schools) - Interviewed by Sam Beard
July 2009
Duration: 8:17

PATEL, Raj
Writer, activist and academic

Raj Patel: The Value of Nothing
January 2010
Duration: 3:01

Was this the first Maitreya Interview ?.mp4
January 2010
Duration: 10:34

PORTMAN, Frank
Singer, Songwriter and Novelist.

Frank Portman at Moe's Books in Berkeley (part 1)
Duration: 9:18

Dr. Frank's What's-it Blog

RASKIN, Andy
Author & Writer

Andy Raskin at Momofuku
June 2009
Duration: 1:46

Interview: Andy Raskin, author of The Ramen King and I
Tuesday, May 19th, 2009
By Ty Wenger


NPR Stories

RICE, Condoleezza
Former United States Secretary of State
Professor of Political Economy in the Graduate School of Business, the Thomas and Barbara Stephenson Senior Fellow on Public Policy at the Hoover Institution, and a Professor of Political Science at Stanford University

Condoleezza Rice speaks at Bush Library
November 2009
Duration: 6:08

Condoleezza Rice meets with some students
April 2009
Duration: 7:15

Condoleezza Rice: A Memoir of My Extraordinary, Ordinary Family and Me

RICHMOND, Michelle
Author of Novels, Stories, Essays

Story Hour in the Library - Michelle Richmond
April 2010
Duration: 58:24

ROSE, Michael Alec
Associate Professor of Composition, Vanderbilt University’s Blair School of Music, Composer of symphonic, chamber, and vocal works, Author, Publisher, Scorhill Music

Biography

A Few Words From Michael Alec Rose, Author of Audible Signs...

SCHECK, Barry C.
Professor of Law and Director, Innocence Project
Benjamin N. Cardozo School of Law/Innocence Project

Conversations with History: Barry Scheck
April 2008
Duration: 56:42

Eye To Eye: Barry Scheck (CBS News)
April 2007
Duration: 3:25

A REVOLUTION AT 50; BARRY C. SCHECK
Published: February 25, 2003


SCHLOSSER, Eric
Correspondent for the Atlantic Monthly, Author & Writer

POV | Food, Inc. | Interview with Eric Schlosser | PBS
April 2010
Duration: 5:56

Eric Schlosser: Fast Food Nation
August 2010
Duration: 27:19

Author Interviews
Eric Schlosser Knows What You're Eating
Dave Weich, Powells.com


THOMAS, Taelen
Performer One-Man Shows

John Steinbecks 107th Birthday Party
March 2009
Duration: 5:28

TIERNAN, Liam
Musician

Lisbon Treaty Song - Easy Come, So Easy Go
March 2008
Duration: 4:55

Profile: Liam Tiernan
April 05, 2009


TUTTLE, Cameron
Non Fiction Author

Cameron Tuttle talks about Paisley Hanover Kisses and Tells
March 2010
Duration: 3:13

WOLFF, Tobias
Ward W. and Priscilla B. Woods Professor, School of Humanities and Sciences, Stanford University & Author of the Short Story and Memoir

A Conversation with Tobias Wolff
November 2009
Duration: 24:00

Tobias Wolff - "The Benefit of the Doubt"
May 2008
Duration: 2:45

Tobias Wolff Examines Life's Pivotal Turns
April 22, 2008
NPR


WYMAN, Willard
Author of Fiction

Of Good Men and Great Places
Willard Wyman's novel High Country is a compelling journey through the true American West
By Bob Gillespie
Colby Magazine, Winter 2006


ZIMBARDO, Philip
Professor Emeritus of Psychology, Stanford University

Philip Zimbardo - The Secret Powers of Time
April 2010
Duration: 41:27

Philip Zimbardo on "The Secret Powers of Time"
Mark Frauenfelder at 3:03 PM Friday, Jun 11, 2010


Philip Zimbardo: Why ordinary people do evil ... or do good
September 2008
Duration: 23:11

Quotations

Friday, September 17, 2010

CITY COUNCIL: Closed Session on Harassment, Discrimination and Retaliation Lawsuit & City Administrator Rich Guillen

WHO: Mayor and City Council Members

WHAT: City Council Closed Session

WHEN: Tuesday, September 21, 2010 @ 5:00 P.M.

WHERE: City Hall
E/s Monte Verde St between Ocean Av. & 7th Av.
Carmel-by-the-Sea, CA.

WHY: Discussion on the Jane Kingsley Miller lawsuit, including City Administrator Rich Guillen

CONTACT THE MAYOR & CITY COUNCIL MEMBERS:
Sue McCloud, Mayor of Carmel-by-the-Sea
Elected Mayor: April 2000
Re-elected Mayor: 2002, 2004, 2006, 2008 & 2010
Term Expires: April 2012

Contact Information:
P.O. Box M-1
Carmel, CA 93921
City Hall Tel: (831) 620-2000
City Hall Fax: (831) 620-2004
Home Tel: (831) 624-7310
E-Mail: cloud93921@aol.com

Paula Hazdovac, Vice Mayor, Council Member, Carmel-by-the-Sea
Elected Council Member: April 1994
Re-elected for 1998, 2002, 2006, 2010
Term Expires: April 2014

Contact Information:
P.O. Box 3164
Carmel, CA 93921
Tel: (831) 620-2000 (City Hall)
Tel: (831) 625-2480 (Home)
E-Mail: pjhaz@hotmail.com

Jason Burnett, Council Member, Carmel-by-the-Sea
Sworn in as Council Member: April 2010
Elected in 2010
Term Expires: April 2014

Contact Information:
P.O. Box 5715
Carmel-by-the-Sea, CA 93921
Tel: 831-620-2000 (City Hall)
Tel: 831-624-3252 (Home)
Email: Jason@BurnettforCarmel.com

Karen Sharp, Council Member, Carmel-by-the-Sea
Appointed Council Member: 2007
Re-Elected 2008
Term Expires: April 2012

Contact Information:
P.O. Box 2526
Carmel-by-the-Sea, CA 93921
Tel: (831) 620-2000 (City Hall)
Tel: (831 624-5727 (Home)
E-Mail: karensharp@yahoo.com

Ken Talmage, Council Member, Carmel-by-the-Sea
Sworn in as Council Member: December 2006
Re-elected: 2008
Term Expires: April 2012

Contact Information:
P.O. Box 1526
Carmel, CA 93921
Tel: (831) 620-2000 (City Hall)
Tel: (831) 624-2462 (Home)
E-Mail: kktalm@aol.com

SETTLEMENT AND RELEASE AGREEMENT between Jane Kingsley Miller, Plaintiff, and the City of Carmel-by-the-Sea

ABSTRACT: The Settlement and Release Agreement between Jane Kingsley Miller, Plaintiff, and the City of Carmel-by-the-Sea, including RECITALS, COVENANTS and CONDITIONS, dated July 2010, is reproduced in its entirety.

SETTLEMENT AND RELEASE AGREEMENT

This Settlement and Release Agreement (Hereinafter “Agreement”) is entered into between Jane Kingsley Miller (hereinafter “Plaintiff”) and the City of Carmel-by-the-Sea (hereinafter the “City”).

RECITALS

1. Plaintiff began working for the City of Carmel-by-the-Sea in 1999.

2. Plaintiff filed in the Superior Court, State of California, County of Monterey an action known as Jane Kingsley Miller v. City of Carmel-by-the-Sea and Does 1 through 100, case number M99513 (hereinafter the “Action”). Plaintiff and the City desire to resolve all issues between them arising from the complaint upon the terms of this agreement to conclude all issues between them, past, present, future, real or potential.

3. Plaintiff and the City have resolved any issues between them cooperatively and they enter into the following agreement:

FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW Jane Kingsley Miller and the City of Carmel-by-the-Sea agree as follows:

COVENANTS

4. By payment from the City’s insurer, the City will promptly provide Plaintiff with a total sum in the amount of $600,000.00 in settlement of all claims in the complaint.

5. The payment shall be made to Plaintiff and her attorneys as specified by Plaintiff.

6. The City shall reinstate four (4) months of accrued leave to Plaintiff’s account and Plaintiff shall be on active status during those four months retroactively from the date of this release. Plaintiff will use her leave during the four months of active status. During these four months, Plaintiff waives her right to accrue additional leave along with her right to the following benefits which otherwise attach to all active status City employees: life insurance, long-term disability insurance, and AFLAC deductions. She will be entitled to all other privileges of a paid employee during those four months.

7. In consideration for the performance of the foregoing promises, Plaintiff, her heirs, representatives, successors and assigns hereby and forever fully release and discharge the City and its current and former employees, officers, agents, insurers, attorneys and representatives of each of them (hereinafter, collectively, the “Released Parties”), from any and all allegations, charges, grievances, causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, including claims pursuant to Title VII of the Civil Rights Act, the Age Discrimination and Employment Act, the Older Workers Benefit Protection Act (§201, 104 Stat. 983, 29 U.S.C. § 626(f), the California Fair Employment and Housing Act and any other administrative agency complaints, without limitation, arising from or related or attributable to Plaintiff’s employment, except as to the City’s obligations under this Agreement.

Plaintiff understands and agrees that this Settlement Agreement extends to all allegations, charges, grievances, disputes or claims of every nature and kind, both known or unknown, suspected or unsuspected, past, present or future, arising from or attributable in any way to matters and claims occurring prior to the date of execution of this Agreement, and to any claim for compensation other than as provided in this Agreement.

8. Upon receipt of the amount provided for in Paragraph 4 of this Agreement, Plaintiff shall promptly file and serve upon the City and its attorneys, a dismissal with prejudice of the entire Action and each party will bear their own costs of suit and attorney fees related to that Action. The City’s financial obligations to Plaintiff under this Agreement shall survive the dismissal of this Action.

CONDITIONS

9. Plaintiff and the City acknowledge that this Agreement was entered into voluntarily, and expressly also acknowledge that the respective legal counsel for each party has provided the respective parties with a copy of California Civil Code Section 1542 in regard to known and unknown claims.

Therefore, Plaintiff and the City expressly waive the provisions of California Civil Code Section 1542, and further waive any rights each party might have to invoke said provisions now or in the future with respect to the releases set out in this Agreement under the terms of California Civil Code Section 1542, which provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

10. It is understood and agreed that this is a compromise settlement of disputed claims, and that the furnishing of consideration by the City’s insurer or the City shall not be deemed or construed at any time for any purpose as an admission of liability by any party to this agreement or any member of the City Council of the City of Carmel-by-the-Sea or its agents, servants or employees.

11. Plaintiff represents the following items at the time of the execution of this Agreement:

One. Plaintiff has no other outstanding or suits either filed or potential against City at the time of the execution of this Agreement;

Two. Plaintiff represents that she is of good health and has at the time of the execution of this Agreement no known or potential on-the-job injuries;

Three. Plaintiff will immediately provide City with a dismissal or whatever documents it takes to remove and end any sort of a proceeding that is covered under the terms of this Agreement.

The foregoing representations are material representations to City to enter into this Agreement and the enforceability of this Agreement is conditioned upon the truth and accuracy of those representations.

12. The undersigned parties to this Agreement acknowledge that they have been represented by counsel in the negotiation and preparation of this Agreement; that they have read the Agreement; that they are fully aware of its contents and of its legal effect; that the preceding paragraphs recite the sole consideration for this Agreement; that all agreements and understandings between the parties to this Agreement are embodied and expressed herein; and that each party enters into this Agreement freely, without coercion, and based on the party’s own judgment and not in reliance on any representations or promises made by the other party, other than those contained herein.

13. Plaintiff agrees, as a further material consideration and inducement for this compromise settlement, to hold harmless and indemnify the City, its administrators, insurers, principals, agents, partners, employees, representatives, attorneys, officers, directors, assigns, and all other persons, firms, entities or corporations with whom any of the former have been affiliated from any and all claims, demands, actions or causes of action of subrogation or otherwise asserted by any person or legal entity which has furnished, supplied, and/or paid, or will furnish, supply and/or pay benefits, anything of value or any form of compensation to or for or on behalf of Plaintiff for any claimed expenses, detriment or damages resulting from or relating to the claims raised in the complaint.

14. This Agreement shall be construed and governed by the laws of the State of California. The language of all parts of this Agreement shall in all cases be construed as whole, according to its fair meaning, and not strictly for or against any party. The parties hereby submit themselves to the Courts of California in and for the County of Monterey for the purposes of enforcing this Agreement.

15. Once the City signs this Agreement, it is irrevocable up to July 13, 2010 at 12 noon.

16. This Agreement is not to be made public by any party until signed by all parties to the Agreement and the city makes a public announcement of it. This Agreement is a public record once it is fully executed and announced by the City Council.

17. This agreement is the entire understanding of all issues covered in this release and rescinds and supercedes any prior agreement.


Dated: July 12, 2010
PLAINTIFF
By: ____________________
Jane Kingsley Miller


Dated: June 17, 2010
CITY OF CARMEL-BY-THE-SEA
By: ____________________
Sue McCloud
Mayor

Dated: June 17, 2010
KENNEDY, ARCHER & HARRAY
By: ____________________
Richard K. Harray
Attorney for City of Carmel-by-the-Sea


APPROVED AS TO FORM:
Dated: July 13, 2010
By: ____________________
Michael W. Stamp
Attorney for Plaintiff

Wednesday, September 15, 2010

PROCEDURE FOR RECALLING LOCAL OFFICIALS

PROCEDURE FOR RECALLING STATE AND LOCAL OFFICIALS
Prepared by the Office of the Secretary of State
Revised 2007



recall

PROCEDURE FOR RECALLING STATE AND LOCAL OFFICIALS
Prepared by the Office of the Secretary of State
Revised 2007


II. RECALL OF LOCAL OFFICERS
NOTE: Pages 14 – 26, see above document.

Highlights, as follows:
II. RECALL OF LOCAL OFFICERS
A. IN GENERAL

The State Constitution requires that the Legislature must provide for the recall of local officers.

For the purpose of recall of local officers, the term "clerk" refers to the appropriate elections official for the jurisdiction in which the recall is being sought, in particular:

2. the city clerk in the case of the recall of elective officers of a city;

C. FORMAT OF PETITION
5. Approval of Petition Form by Secretary of State
No signatures may be obtained on the recall petition until the form of the petition has been approved by the elections official. (§11042)

E. The number of signatures required TO QUALIFY A PARTICULAR RECALL IS AS FOLLOWS:
1. If an officer of a city, county, school district, county board of education, or resident voting district is sought to be recalled, the number of signatures must be equal in number to not less than the following percent of registered voters in the electoral jurisdiction:

Twenty-five percent if the registration is less than 10,000 but at least 1,000.

NOTE: 2781 registered voters in April 2010, therefore 695 signatures required for recall.

F. FILING OF PETITION - DEADLINE
After approval by the elections official, proponents must submit to the elections official, during normal business hours as posted, a petition with the requisite number of signatures within:

2. 60 days if the electoral jurisdiction has less than 5,000 registered voters but at least 1,000.

L. DATE OF ELECTION
The election shall be held not less than 88 nor more than 125 days after the issuance of the order, and if a regular or special election is to be held throughout the electoral jurisdiction of the officer sought to be recalled within such time period, the recall election shall be held on the same day and consolidated with the regular or special election. (§11242)

If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives the highest number of votes is the successor to the unexpired term of the recalled officer. The officer may not be a candidate to succeed himself/herself at the recall election. (Cal.Const., Art. II, Sec. 15; §11381(c), 11384, 11385)

‘MINUTES’ for Five Noteworthy 14 September 2010 City Council Agenda Items

“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, September 14, 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 report on the new CRFA Ambulance.


Public Safety Director George Rawson introduced Dave Jedinick. Jednick presented a photo of the new Carmel Fire and Carmel Regional Fire Ambulance, a city vehicle for the JPA. The new ambulance allows for maximizing "fire and EMS capabilities." The Carmel Fire Department took deliver on August 20.

VI. Public Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City that are not on today’s agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded. The City Council Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise City Clerk Heidi Burch as to which item you wish to comment on and the microphone will be brought to you.


Mayor McCloud opened the meeting to public comment.

Carl Iverson spoke about Carmel Heritage Society's Antique and Collectible Appraisal Day on Saturday, October 2 from 1:00 P.M. – 4:00 P.M., including six antiques expert appraisers at First Murphy House, Lincoln St. & 6th Av.

Skip Lloyd again advocated for an independent review of the personnel situation over the last eight years, including settlements and the review to be made public at completion. Lloyd presented a review of Jane Miller’s public court record, including five “similar elements” claims between 2003 to 2008. Until the review is conducted and made public, a “cloud of doubt will linger and the city will not be able to move on,” he stated.

Mayor McCloud closed the meeting to public comment.

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 co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Sunday, October 17, 2010.

I. Consideration of a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF).


Mayor McCloud opened and closed the meeting to public comment.

Council Member TALMAGE moved to approve the Consent Agenda Items A-L and N, seconded by Council Member HAZDOVAC, 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

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

B. Consideration of an appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration. The Carmel Sands Lodge is located on the northeast corner of San Carlos Street and Fifth Avenue. The appellant is Barbara Livingston.


Mayor Sue McCloud announced at the beginning of the meeting that the agenda item was pulled by the Carmel Sands Lodge owner and will be continued to a future city council agenda.

Council Member HAZDOVAC moved to continue the agenda item to the October 2010 regular City Council meeting, 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

CLARIFICATION: The Carmel Sands Project was pulled due to a resident informing the City that the international orange snow fencing was supposed to be in position delineating the ridge lines, heights, et cetera, of the project at least ten days in advance of the city council meeting. Since the snow fencing was not in position, the item had to be pulled and continued.

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

B. Announcements from the Mayor and City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

City Council Member Jason Burnett asked for information about why his three agenda item requests were not on the agenda and the grounds for not including them on the agenda, as requested. The mayor basically stated that she preferred to talk to him in private, not in public, about this matter. Mayor Sue McCloud cited short staffing and the persons responsible for placing items on the agenda as the mayor, vice mayor, city clerk and city administrator.

NOTE:
Carmel-by-the-Sea
Municipal Code

Chapter 2.08
CITY ADMINISTRATOR*
2.08.060 Powers and Duties.
E. Support of the City Council. The City Administrator shall be responsible to the City Council for the preparation of agendas, for the provision of all necessary clerical functions for the Council, and the maintenance of necessary records.

Sunday, September 12, 2010

Five Noteworthy City Council Agenda Items and Three Noteworthy Items Not on the 14 September 2010 City Council Agenda

ABSTRACT: Five noteworthy 14 September 2010 City Council Agenda Items, namely Receive report on the new CRFA Ambulance, Public Appearances, a Resolution authorizing co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event, a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF) and an Appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration, and three noteworthy items not on the agenda, namely CalPERS Retirement Advisory Committee update, Perform a thorough review of the policies, actions and other decisions that led to the Miller lawsuit settlement and Discuss and set minimum requirements before the Council would actively consider an offer to lease, purchase, curatorship, or enter into a life estate agreement for Flanders Mansion, all three items submitted by City Council Member Jason Burnett, are presented. Excerpts from Agenda Item Summaries and Staff Reports are presented; Burnett’s Agenda Item Requests are reproduced with links to the documents on his web site.

AGENDA PACKET
Regular Meeting
Tuesday, September 14, 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

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

C. Announcements from City Administrator
1. Receive report on the new CRFA Ambulance.


VI. Public Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City that are not on today’s agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff or a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded. The City Council Chamber is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise City Clerk Heidi Burch as to which item you wish to comment on and the microphone will be brought to you.


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 co-sponsorship between the Forest and Beach Commission and the Friends of Carmel Forest (FOCF) of an “Arbor Day” event on Sunday, October 17, 2010.


Description: The Forest and Beach Commission requests co-sponsorship with the FOCF, an official city support group, of a Tree and Art event from 9:00 a.m. to 4:00 p.m. on Sunday, October 17, 2010, at the Sunset Center. The program outline is attached. City of Carme-lby-the-Sea Support Group Policy C89-47 requires a City Council Resolution to authorize co-sponsorship of any event with an official support group.

Overall Cost:
City Funds: Not to exceed $1,000 - from Council Discretionary Fund #01-60207 for event costs. Event costs will be shared with the FOCF.

Staff Recommendation: Adopt the Resolution.

Important Considerations: At its August meeting, the Forest and Beach Commission unanimously approved a recommendation that the City Council approve co-sponsorship of this event with the FOCF. City sponsorship of this event supports recognition as a Tree City USA and allows the Forest and Beach Commission to perform one of its identified duties under Municipal Code Chapter 2.32.060(D): To provide publicity in regard to the problems of the urban forest, including a public information program concerning care of forest resources, and including cooperation with school programs on conservation and the like.

Decision Record: Council has approved similar Resolutions for co-sponsored events with the FOCF.

A Tree and Art Event Presented by the City of Carmel-by-the-Sea and the Friends of Carmel Forest
“The Iconic Trees of Carmel - Monterey Pine, Monterey Cypress”
Sunday, October 17 2:00 - 4:30 p.m.
Event program (12 noon art and photo viewing begins)
Carpenter Hall, Sunset Center

Program:
Opening remarks by Forest and Beach Chair Joe Ford, who introduces City Forester Mike Branson, the Forest and Beach Commissioners and any other officials present (Council, Planning, former mayors, etc.). Joe Ford introduces Clayton Anderson, President of Friends of Carmel Forest.

Clayton Anderson introduces the board of FOCF, tells about the mission of the organization and invites guests to pick up interesting “Forest Facts” information available on table at entrance. He also will invite guests to take gift packets of Friends of Carmel Forest note cards home with them.

Presentation of awards for best photograph and best painting by Joe Ford.

Forest and Beach Commissioner Tom Leverone presents a synopsis of the Carmel Forest Management Plan so attendees can better understand how the City maintains our forest.

Guest Speaker: Jim Rieser, James J. Rieser Fine Art, speaking on trees artists love to paint and photograph.

Conclusion and thanks by Joe Ford.

I. Consideration of a Resolution authorizing the City Administrator to sign and file a financial assistance application in the amount of $715,000 with the State Water Resources Control Board for storm drain improvements under the Clean Water State Revolving Fund (CWSRF).

Description: This project involves work on storm drains and intersections in the City of Carmel intended to improve drainage and prevent uncontrolled runoff into Carmel Bay, an Area of Special Biological Significance (ASBS), and the Monterey Bay National Marine Sanctuary. The City’s storm drain system is in need of repair/replacement to prevent the discharge of pollutants into adjacent soil and groundwater, uncontrolled water runoff, and downstream flooding. With these CWSRF funds, the City can replace deteriorating storm drains, relocate manholes and pipes to public land to improve access and maintenance, and reconstruct two intersections to direct water into storm drains.

Overall Cost:
City Funds: N/A
Grant Funds: $715,000

Staff Recommendation: Adopt the Resolution.

Important Considerations: The project will replace aging storm drain pipes, relocate pipes and manholes to public land to improve access and maintenance, and reconstruct two intersections to direct runoff into the storm drains.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

B. Consideration of an appeal of the Planning Commission’s decision to approve the Carmel Sands Redevelopment Project and to adopt a Mitigated Negative Declaration. The Carmel Sands Lodge is located on the northeast corner of San Carlos Street and Fifth Avenue. The appellant is Barbara Livingston.


Description: The project consists of the demolition of the existing 42-room Carmel Sands Lodge and the construction of a new 42-room hotel that includes a 64-space underground garage, a restaurant, a day spa and two retail spaces. The appellant is requesting that the Council overturn the Planning Commission’s decision to approve the project and is requesting that an Environmental Impact Report be prepared for the project.

Staff Recommendation: Deny the appeal and uphold the Planning Commission’s decision.

Important Considerations: The California Environmental Quality Act (CEQA) requires that a lead agency prepare an Initial Study for all projects that are not categorically or statutorily exempt. An Initial Study is prepared to determine if a project may have a significant effect on the environment.

The City prepared an Initial Study for this project and determined that all potentially significant environmental impacts could be mitigated. The Planning Commission, therefore, adopted a Mitigated Negative Declaration for the project.

Decision Record: The Planning Commission approved the project and adopted a Mitigated Negative Declaration on 14 July 2010. An appeal was filed on 27 July 2010.


The Carmel Sands Lodge is located at the northwest corner of San Carlos Street and Fifth Avenue in the Service Commercial (SC) District. The lodge consists of 42 guest rooms and a 120-seat restaurant in three buildings. The site also includes a large surface parking lot and a swimming pool.

PROJECT DESCRIPTION
The applicant is proposing to demolish the existing buildings on-site and construct a new hotel. The redevelopment will include the following features:
• 42 hotel rooms in four buildings
• Intra-block walkway and interior courtyard
• Two retail spaces
• Limited use restaurant
• 64-space underground garage
• Day spa facility
• A Porte Cochere vehicle entrance on San Carlos Street

APPEAL
The appellant is requesting that the City Council overturn the PC’s decision to approve the project and adopt a Mitigated Negative Declaration based on two points, 1) an EIR should have been prepared, and 2) the project has significant drawbacks.

OPTIONS
The following are potential options for the Council to consider regarding this appeal:

Option 1: Deny the appeal
This option would uphold the Planning Commission’s decision to approve the project and adopt a MND.

Option 2: Grant the appeal
This option would void the Planning Commission’s approval of the project and would require the preparation of an EIR before taking further action on the project.

Option 3: Grant the appeal in part
If the Council determines that an EIR is not required, but would like to see changes in the project design and/or additional information in the MND prior to final approval, this option could be selected. The Council could remand the project back to the Planning Commission with directions.

Option 4: Continue Consideration of the Appeal to a Future Date
This option would allow the City Council to request additional information prior to making a final decision on the appeal.

RECOMMENDATION
Deny the appeal and uphold the Planning Commission’s decision to approve the Carmel Sand Redevelopment Project and to adopt a Mitigated Negative Declaration.


MAYOR OR CITY COUNCIL
AGENDA ITEM REQUEST


TO: City Administrator

FROM: Jason Burnett

DATE: August 9, 2010 (revised August 17th, 2010)

The following item is requested to be put on an upcoming City Council agenda:

TOPIC: CalPERS Retirement Advisory Committee update

MEETING DATE REQUESTED: September 14th, 2010

REASONS FOR REQUEST: Council approved the creation of a CalPERS Retirement Advisory Committee at its June 8th 2010 meeting. At the Council’s request, I sent the City Administrator a number of questions that I thought the advisory committee might consider investigating. I also have put forward several names of candidates to serve on the committee. I believe that other council members have been polled to solicit their ideas as well.

I believe that this committee should be set up as soon as possible. If it is not set up by September 14th, I think the update should explain why. If it is set up by September 14th, I think the update should explain the members of the committee, their charge, and any other relevant information.

Every day that we wait is potentially costing the City and taxpayers in forgone opportunities. One of the items that I hope the committee looks into is the possibility of borrowing money at low rate and using it to pay off the CalPERS obligation, in essence the projected rate of 7.75%. In such a way we could save the difference in the interest rates. I don’t know what the size of the obligation is but it could well be in the $10 million range. If so, the interest rate differential would be worth a couple percentage points of $10 million (a couple hundred thousand dollars per year).

In addition, several of the other budget-related items that will be coming before the Council have CalPERS implications. It is important to make progress on CalPERS now so we can make progress on the other items.

SUGGESTED BACKUP DATE (if any): None.
c: Mayor, Council, and City Clerk (through City Administrator)

FILED PER COUNCIL POLICY C90-07


MAYOR OR CITY COUNCIL
AGENDA ITEM REQUEST


TO: City Administrator

FROM: Jason Burnett

DATE: 8/10/10

The following item is requested to be put on an upcoming City Council agenda:

TOPIC: Perform a thorough review of the policies, actions and other decisions that led to the Miller lawsuit settlement. Do we have the right internal policies and procedures in place? Were the policies and procedures followed? Was the right person or group of people put in charge of handling the original complaint and subsequent lawsuit? What actions should we take so this type of thing is less likely to occur again? What does this mean for the management of City Hall?

I believe the City Council should provide direction to the City Attorney regarding the types of questions that a review should include and whether we should have an internal or an external review.

MEETING DATE REQUESTED: September 14th, 2010 City Council Meeting

REASONS FOR REQUEST: To ensure we have the correct policies in place, and that these policies were followed, in order to avoid claims, lawsuits, and settlements in the future. The discussion about such a review should occur in open session and the results of such a review should be presented, debated, and acted upon in open session.

SUGGESTED BACKUP DATE (if any):

c: Mayor and Council

City Clerk

FILED PER COUNCIL POLICY C90-07


MAYOR OR CITY COUNCIL
AGENDA ITEM REQUEST


TO: City Administrator

FROM: Jason Burnett

DATE: August 17th, 2010

The following item is requested to be put on an upcoming City Council agenda:

TOPIC: Discuss and set minimum requirements before the Council would actively consider an offer to lease, purchase, curatorship, or enter into a life estate agreement for Flanders Mansion.

MEETING DATE REQUESTED: September 14, 2010

REASONS FOR REQUEST: The Mayor created an ad hoc committee comprised of Ken Talmage and Karen Sharp to create a draft of such minimum requirements. The ad hoc committee was prepared to share its work during a closed session but the City Attorney and I observed that it would best to discuss this during open session. I would like an opportunity to review and discuss the work from the ad hoc committee and to add in some of the work that I have done researching the experience in the east coast (especially Maryland) involving curatorships. I have already provided some of my research and can provide additional research at any time.

The City Council has been approached by at least one individual and I have been approached by others who are interested in a curatorship arrangement. I think that we would benefit from having publically available minimum requirements that such individuals would need to meet so that we can focus our attention on offers that are serious and could result in a successful lease/sale/curatorship/life estate.

SUGGESTED BACKUP DATE (if any): October 5th, 2010

c: Mayor and Council and City Clerk (through City Administrator)

FILED PER COUNCIL POLICY C90—07

Friday, September 10, 2010

PUBLIC CALLS FOR 'ACTION,' REPLACEMENT, 'RESIGNATION’ AND/OR ‘RETIREMENT’ OF CITY ADMINISTRATOR RICH GUILLEN

“His (City Administrator Rich Guillen's) conduct, in violation of the city's code of ethics, caused the city to settle five similar claims totaling in excess of $1.1 million. This negatively affects our community.”

“Guillen has lost credibility, and his presence is a distraction. The community cannot move forward until council members directly and decisively withdraw support of Guillen so he can announce his "retirement."”

“For the good of our community, Rich Guillen needs to go — one way or another.”


(Source: Guillen needs to go — one way or another, Ken White, Carmel, Letters, The Monterey County Herald, 09/10/2010)

Other Sources:
Guillen must go, Ken White, Carmel, Letters to the Editor, The Carmel Pine Cone, September 10, 2010, 20A

Mayor Pain, Ken White | Carmel, Letters, MONTEREY COUNTY WEEKLY, September 16, 2010


“Action must be taken before the City of Carmel-by-the-Sea can move forward and leave this sordid affair behind.”

“The City of Carmel has exposed itself to future litigation because of this irresponsible and indefensible lack of action. The city administrator can’t effectively perform his duties for fear of another lawsuit. If decisive action had been taken earlier, the city would not have been subjected to this distraction and humiliation. Immediate and decisive action must be taken by the city council.”


(Source: Golden parachute? Richard Ely, Carmel, Letters to the Editor, The Carmel Pine Cone, September 10, 2010. 20A & 21A)


“Basic issues of governance, ethics and the appropriate response to long-term patterns of inappropriate behavior are at stake.”

“It’s time for McCloud and the City Council to replace Guillen. If that doesn’t happen soon, the citizens of Carmel need to replace McCloud and other councilmembers who have a role in this inept leadership.”


(Source: Carmel In Crisis: It’s time to face the facts—and for Guillen to go. Bradley Zeve & Paul Wilner, Monterey County Weekly, September 2, 2010)


“...to wit: In my book Guillen and responsible elected officials of Carmel have brought shame on our town's good name. How is Carmel to be made whole again? What will erase the anger and humiliation?”

“Shame on the responsible officials who apparently sit by and take no action to correct a festering situation. Isn't anyone responsible? When elected/employed officials fail in their legal responsibilities to protect the best interests of their constituents/employers, they deserve recall/dismissal. The buck stops at those officials' desks.”


(Source: Inaction in Carmel, Joyce Stevens, Carmel, Letters to the Editor, The Monterey County Herald, 08/14/2010)

(Other Source: ‘They deserve recall or dismissal,’ Joyce Stevens, Carmel, Letters to the Editor, The Carmel Pine Cone, August 13, 2010, 24A)


“But for the good of the city, he (City Administrator Rich Guillen) should resign.”

“But what about Guillen? ...there are also very troubling questions about how he has selected people to hire and promote, and about raises he granted to certain employees...”

“It isn’t necessary to undertake that investigation, however, because it is now certain that if he remains as city administrator, Guillen’s effectiveness will be greatly diminished, and so will the functioning of the entire city government, because of the distraction he presents. This will hurt everyone.”

“People at the top of any large organization have a lot of responsibility, but are also usually paid well and granted a lot of privileges. Hand in hand with all that comes an obligation to put the interests of the organization ahead of their own. This is especially true in government. And that is why Guillen should resign.”


(Source: Editorial: Guillen should resign, Paul Miller, The Carmel Pine Cone, August 6, 2010, 22A)

Wednesday, September 08, 2010

FACEBOOK: Fire Rich Guillen

Fire Rich Guillen

Information
Description:

Join the growing number of Carmel-by-the-Sea citizens concerned about the Rich Guillen scandal at City Hall:

"It’s time for McCloud and the City Council to replace Guillen. If that doesn’t happen soon, the citizens of Carmel need to replace McCloud and other councilmembers who have a role in this inept leadership."
(Bradley Zeve and Paul Wilner, Monterey County Weekly)

Go to Fire Rich Guillen for Wall, Information, Photos & Discussion

Tuesday, September 07, 2010

WIDEWATERS Letter to Interested Party About Villas de Carmelo Proposed Project

ABSTRACT: Today, a letter was received via USPS addressed to an interested party, dated September 3, 2010, from Kevin Kane, Development Manager, The Widewaters Group, and Ed Shagen, Director of Development, The Widewaters Group. The letter states in part as follows:
“Widewaters, as an agent for the Carmel Hospital Development LLC, is pleased to report that the water and traffic components will not create any significant and unavoidable impacts and that we have an agreement in principle with the County over the Inclusionary Housing requirements for the project.”
The letter (2 pages) is transcribed.

WIDEWATERS
Villas de Carmelo


September 3, 2010

Interested Party's Name
Interested Party's Address

Dear Interested Party:

Monterey County issued a Recirculated Draft EIR for the Villas de Carmelo project on August 3, 2010, initiating a requisite public comment period as required by the California Environmental Quality Act.

Based on the letters received by the County during the public comment period for the draft originally published on April 17, 2009, Monterey County determined that an even more thorough and comprehensive analysis of two issues – water and traffic – was necessary and directed their consultant accordingly last fall.

The water concerns were elevated even further when a Cease and Desist Order was issued by the California Water Resource Management Board against Cal-Am last fall denying the issuance of any new service connections. Consequently, the analysis of the property’s water rights became the most critical piece of the project’s entitlement effort to date.

The “second look” has been very beneficial to our efforts because actual water records have been uncovered from the last few years of the hospital’s operation. They confirmed a much higher level of actual water usage than had been previously estimated by the Monterey Peninsula Water Management District. Lacking evidence to the contrary, the District relied upon their Like Kind Facility Survey to establish a baseline of 8.226 AFY of water allocation. However, the actual records documented a much higher level of water consumption peaking at 14.67 AFA in the last full year of the hospital’s operation with an average of 13.688 AFA. With the hospital’s Operational Permit still valid, these records establish a clear and significant water right associated with the Carmel Convalescent Hospital property that is affirmed in the R-DEIR. The Villas de Carmelo plans already included the use of cisterns and very low flush fixtures in our efforts to conserve and recycle water but these records show that our water needs will be less than half of the water demands of the hospital.

The process also allowed for a “second look” at the local area road networks along with the level of service associated with the intersections and road segments beyond the scope of the project’s original Traffic Impact Study. Specifically, the Highway 1 segment south of Ocean Avenue and its classifications and traffic counts were added to the original study and the road segments profiles and labeling designations were analyzed. The results were consistent with the conclusions of the original Traffic Impact Analysis: that the project’s traffic component will not have a significant impact on the area roadways and intersections.

The Supplemental Roadway Segment Analysis was also peer reviewed by Hexagon Transportation consultants, Inc. who reached the same conclusion.

On a final note, the Villas de Carmelo has reached an understanding with the Redevelopment and Housing Office of MCRMA over the Inclusionary Housing component of the project. After an extensive and objective dialogue with the Housing and Advisory Committee as well as the staff of the RHO, we have agreed to a Payment in Lieu Fee for compliance.

Widewaters, as an agent for the Carmel Hospital Development LLC, is pleased to report that the water and traffic components will not create any significant and unavoidable impacts and that we have an agreement in principle with the County over the Inclusionary Housing requirements for the project.

We also look forward to a thorough public review of the Recirculated Draft and are optimistic that the conclusions contained within will be borne out at the completion of the CEQA proceedings.

Villas de Carmel (www.villasdecarmelo.com) is an infill project founded in smart growth principles. It focuses on the historic restoration of the Carmel Hospital and on maintaining design consistency throughout the site.

Thank you for your time and interest in Villas de Carmelo. We will update you as more information becomes available or as additional timelines are known.

If you have any further questions on the Villas de Carmelo project, feel free to call us.

Sincerely,

Kevin Kane
Development Manager
The Widewaters Group
Tel: (315) 445-8543

Ed Shagen
Director of Development
The Widewaters Group
(408) 402-5048

5786 Widewaters Parkway, P.O. Box 3 DeWitt, New York 13214-0003 Phone: 315/445.2424 Fax: 315/445.8570

Thursday, September 02, 2010

Carmel Art Association Presents CARROLL’S ‘NEW WORK’ SOLO SHOW AND GALLERY SHOWCASE FEATURING ROBBINS, SLOAN & TETTE

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 CARROLL’S ‘NEW WORK’ SOLO SHOW AND GALLERY SHOWCASE FEATURING ROBBINS, SLOAN & TETTE

Thursday, September 2 – Tuesday, October 5, 2010

SOLO SHOW: PAM CARROLL’S “NEW WORK” (Center Room):
Painter Pamela Carroll exhibits twelve still life pictorial illusion oil paintings using antique toys as her subject matter. View images of artist’s 2009 Gallery Showcase paintings, including “Bird E,” “Fish Tales,” “Pop Art,” “I’m Feeling Lucky,” “Let’s Iron it Out” and “The Golden Years.”

GALLERY SHOWCASE: STAN ROBBINS, TIM SLOAN & RICHARD TETTE: (Segal Room):
Painter Stan Robbins exhibits plein air landscapes of the Monterey Bay coastline in oil. View images of artist’s “Perpetual Commotion” 2009 exhibit features fifty-one paintings, including “Curl,” “Twins,” “Point Pinos,” “Bright Fog,” “Watery Slope,” “Sunset Glow,” “Blue Wave,” “Pebble Beach Curl,” “Windy Evening,” “Point Pinos Crash,” “Silver Fog,” “Two Waves Meet,” “Sparkle,” “Fast Curl,” “Abstract.” “Crash,” “Running the Wall,” “Point Lobos,” “Many Forms,” “Tide Pool,” “Long Wave,” “Hazy Light,” “Splash and Spray,” “Fan Shell Beach,” “Foggy Afternoon,” “Wildfire Smoke,” “Garrapata Fog,” “Capitola,” “Pfeiffer Beach,” “Bouncing Wave,” “Big Sur Coast,” “Gibson Beach,” “Glory,” “Single Curl,” “Clear Wave,” “Two Green Waves,” “Single Wave,” “Bouncing Surf,” “Cold Wave,” “Pacific Grove Shoreline,” “Spanish Bay Moonlight,” “Morning Fog,” “Green Window,” “Nearly Perfect Wave,” “Garrapata Cliffs,” “Single Curl,” “Martins Beach,” “Endless Motion,” “Four A.M.,” “Racing Foam” and “Water and Light.”

Painter Tim Sloan exhibits oil paintings inspired by the meeting of land and sea. View brief biography, Recent Exhibits, including TIM SLOAN: Joe Nordmann and Friends (2010), twelve images of paintings including “Cypress at Pebble Beach,” “Brazil Ranch, Big Sur,” “South County Lupine,” “Elkhorn Slough Morning,” “Point Lobos Bird Rocks,” “Foggy Morning, Pacific Grove,” “Morning Light at Point Lobos,” “Ice Plant in Bloom,” “Asilomar Scene,” “Sandy Beach, 17 Mile Drive,” and “Cattle in Carmel Valley” and 2009 GALLERY SHOWCASE images of nine paintings including “Guitarist,” “Warm Light,” “Blue & Red Dress,” “After the Bath,” “Waiting,” “The White Dress,” “Two Nudes,” “Big Man,” “Blue Nude” and Juried Shows, Art Organization, Galleries and images of three oil paintings, "Springtime on the Dunes I," "Springtime on the Dunes IV" and "Bird Rock Pt. Lobos."

Painter Richard Tette exhibits pastoral scenes with tranquil bodies of water in oil. View artist’s brief biography and images of oil paintings including “River Bouquet," “"Passing Storm," “Dark Forest” and “Summer Creek” and eleven images of paintings from April 2010 Show SEASONS including “The Old Fence,” “East Salinas Valley,” “Boundary,” “Late Bloomers,” “Tranquility,” “Off the Main Road,” “Halfway to Half Moon Bay,” “Summer Silence,” “Muddy Water,” “Elkhorn” and “Lakeside.”

Opening Reception - Saturday, September 4, 6:00 to 8:00 P.M.