UPDATE: (Tuesday, 1 March 2011)
RE: XI. Orders of Council
A. Approve amendments to City’s revised Harassment Prevention Policy.
Harassment Prevention Policy pulled from 1 March 2011 City Council Meeting.
ABSTRACT: Four Noteworthy 1 March 2011 City Council Agenda Items, namely Receive update on the ASBS project, Consideration of the following two appeals filed by Old Mill Properties, LLC.: 1) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SE of Seventh Avenue on San Carlos Street. 2) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SW of Seventh Avenue on Mission Street, Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea and Approve amendments to City’s revised Harassment Prevention Policy, are presented. Excerpts from Agenda Item Summaries and Staff Reports are provided.
AMENDED AGENDA PACKET
Regular Meeting
Tuesday, March 1, 2011
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.
4. Receive update on the ASBS project.
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.
A. Consideration of the following two appeals filed by Old Mill Properties, LLC.:
1) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SE of Seventh Avenue on San Carlos Street.
2) An appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located 3 SW of Seventh Avenue on Mission Street.
Description: The appellant is requesting that the Council overturn the Planning Commission’s decision to deny the two multi-family projects in the RC District.
Staff Recommendation: Grant the appeals.
Important Considerations: During the hearings several concerns were raised by the Commission about the projects. However, the primary point of debate centered on whether the applicant should be required to place the parking at the rear of the lots for both projects.
Decision Record: On 12 January 2011 both projects received a split 2-2 vote and were denied due to a lack of a motion for approval.
BACKGROUND & PROJECT DESCRIPTION
The applicant is proposing to develop two adjacent lots, each with a multi-family (twounit) residence. Both properties are located in the Residential and Limited Commercial (RC) District. One of the lots is located on San Carlos Street three southeast of Seventh Avenue and the other lot is located on Mission Street three southwest of Seventh Avenue. Both lots were previously developed with residences that have since been condemned and demolished.
The applicant is appealing the denial of both projects by the Planning Commission. This staff report addresses both projects but notes that the Council will need to make two separate motions to address the projects individually.
DR 10-24 San Carlos Street Project: The applicant is proposing to construct a 3,200 square foot Spanish style structure. The project includes a 2,371 square feet main residence, a 412 square foot apartment and a 417 square foot garage. The apartment is located on the lower level and has a separate entry as well as a kitchen and full bathroom. The project includes three parking spaces as required by code (see attachment “B” for more information).
The structure is clad with stucco siding, a clay tile roof and includes unclad wood windows. The front elevation presents an entry element, a balcony and single wood garage door. The garage door is located 22.5 feet from the street and is recessed behind the front carport. No variances are being proposed.
DR 10-25 Mission Street Project: The applicant is proposing to construct a 3,600 square foot structure. The project includes a 2,756 square foot main residence with a 410 square foot apartment. The apartment is located on the lower level and has a separate entry as well as a kitchen and full bathroom. The project includes three parking spaces as required by code (see attachment “B” for more information).
The proposed structure consists of a low pitched gable and hip roof design with wood rafter tails. The entire residence is clad with a stone veneer and includes wood doors and windows and a slate roof. The front façade presents an entry element and a two-car garage and carport to the street. No variances are being proposed.
Planning Commission Review: The Planning Commission reviewed these projects at four separate hearings (see attachment “C” for a hearing summary). Due to a conflict of interest, one commissioner was required to step down during the review process. On 12 January 2011 both projects received a split 2-2 vote and were denied due to a lack of a motion for approval.
Since there was no majority vote to approve or deny the projects, there are no formal Planning Commission findings that accompany these appeals. During the hearings several concerns were raised by the Commission including mass and scale, architectural design, landscaping and safety (see attachment “C”). However, the primary point of debate centered on whether the applicant should be required to place the parking at the rear of the lots for both projects.
BASIS FOR APPEAL
The property owner is appealing the project denials for the following reasons (see attachment “A” for more information):
• The proposed project is consistent with the Zoning Code and Commercial Design Guidelines.
• The determination that parking should be at the rear of the property is unfounded and cannot be tied to the Zoning Code or Design Guidelines.
• Parking in the back is an impractical notion that is too costly and would result in a financially disastrous project.
EVALUATION
This section of the staff report discusses the General Plan, Zoning Regulations and Design Guidelines that should be used by the City Council in its deliberation.
General Plan
The General Plan land use designation for this site is Commercial/Residential. Page 1-15 of the General Plan states:
“this area is intended to provide for a mix of residential dwellings and a limited range of office and service uses in scale with the character of the community. Less intense commercial uses and visitor accommodations are allowed in this area. Mixed-use developments of commercial and multi-family residential uses at a maximum density of thirty-three (33) units per acre are allowed. This area is also appropriate for public service uses.”
The General Plan envisions residential, limited commercial, public services and mixed use developments for this area. The traditional character of the RC district is quite eclectic and contains single-family residence, multi-family projects, mixed use projects, commercial projects and public services. The proposed use is consistent with the intent of the General Plan and the traditional character of the District.
There are several goals, objectives and policies in the Land Use Element of the General Plan that provide guidance on project design, which are summarized in Attachment “E”. Objective 01-11 was the focus of much of the Commission’s debate and encourages pedestrian-oriented commercial and multi-family districts that are integrated into the residential character of the community. The Commission was split on whether the proposed designs with two garage doors facing the street, rather than locating the parking at the rear of the site, were inconsistent with this objective.
Staff notes that there are challenges to placing parking at the rear of these sites, particularly for the San Carlos project. Both sites are narrow, steeply sloped, and include large significant trees that constrain the potential location of parking. Placing the parking at the rear would require sloped driveways. Sloped driveways often require tall retaining walls and expose more of the mass of a structure to the street, as well as presenting safety concerns due to the limited lines-of-sight when approaching the street. These challenges should be taken into consideration as well as the concerns raised by the Commission that placing the parking near the front of the site is not pedestrian friendly.
Zoning Regulations
The Zoning Designation for both properties is Residential and Limited Commercial (RC).
CMC Section 17.14.010.C states that the purpose of the RC District is:
“to provide an appropriate location for permanent and transient residential uses, service and office uses, and limited retail uses that do not adversely impact the residential neighborhood. This district is intended to provide a transition and buffer between the more intense activities in the CC and SC districts and the less intense activities in the R-1 and R-4 districts.”
CMC Section 17.14 establishes the range of permitted and conditional uses that are allowed in this district. Multi-family residential projects with a density between 0-22 acres are considered a permitted use by the Zoning Ordinance. CMC Section 17.68.030 defines a multi-family dwelling as:
“a building or group of buildings on a single building site that contains two or more dwellings, each with its own facilities for parking, living, sleeping, cooking and eating. This classification includes condominiums, townhouses, and apartments.”
The Zoning Code also encourages a mix of unit sizes to provide a wide range of housing opportunities. Staff concludes that both projects are consistent with the intent and the requirements of the RC District.
Design Guidelines: CMC Section 17.14.100 states that the “Basic standard of review in the commercial district is whether the project constitutes an improvement over existing conditions – not whether the project just meets minimum standards.” CMC 17.14.110 indicates that the Commercial Design Guidelines have been adopted to assist in the design review process and that “Proposed projects need not strictly comply with every Guideline to be approved but deviations should be minor and reasonably related to good design principles and site conditions.”
Attachment “F” includes a list of some of the relevant Commercial Design Guidelines that the Council should consider. In summary, the Guidelines encourage buildings to provide visual interest, complement the rhythms established by other buildings in the immediate vicinity and encourage building materials and colors to respect the traditions already established in the commercial district. Staff provides a brief response for each of the projects below.
San Carlos Street Project: The project provides visual interest and is consistent with the heights of other buildings between Seventh and Eighth Avenues on San Carlo Street. The structure is larger than the neighboring building to the south, however, the neighboring building is undersized compared to the other buildings in the vicinity.
With regards to materials, the applicant is proposing an off-white stucco siding, clay tile roofing and wood windows. Spanish style architecture with the proposed materials is traditionally used in the commercial district. The proposed color also respects the traditions and context of the commercial district.
Mission Street Project: For the project on Mission Street the applicant is proposing stone siding, a slate roof and wood windows. The proposed materials are natural and are consistently used throughout Carmel’s commercial and residential districts. The applicant is proposing to apply a stone veneer to the entire structure as opposed to being used on only the street façade.
Safety: The Carmel Police Department reviewed the plans and conducted a site visit in order to evaluate the safety of the proposed parking designs (see attachment “D”). The Police Department determined that there were no undue traffic and safety problems arising from the construction of either driveway as set forth in the plans.
Summary: The City Council should discuss the following questions:
• Are the projects consistent with the General Plan?
• Do the projects comply with the Zoning Requirements for the RC District?
• Are the projects consistent with the Commercial Design Guidelines?
RECOMMENDATION
Staff recommends that the Council make the following two motions:
1) Grant the appeal for DR 10-24 (San Carlos Street) and direct staff to prepare findings and conditions for approval.
2) Grant the appeal for DR 10-25 (Mission Street) and direct staff to prepare findings and conditions for approval.
IX. Ordinances
A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)
Description: The proposed ordinance would allow the keeping of up to two chicken hens per property in the R-1 District, under certain conditions.
Staff Recommendation: Adopt the Ordinance (1st reading).
Important Considerations: The City’s Municipal Code currently does not allow for the keeping of chickens. On 5 October 2010, the City Council heard a request to allow the keeping of chicken hens and directed staff to prepare a draft ordinance for review.
Decision Record: The Planning Commission recommended adoption of the attached ordinance on 26 January 2011.
BACKGROUND & DESCRIPTION
Carmel Municipal Code (CMC) Section 6 establishes the City’s regulations regarding animals. Section 6.08.120, originally adopted in 1969, states the following:
“It is unlawful, and is declared a nuisance, for any person or persons to keep or cause to be kept any swine or barnyard fowl whatsoever within the corporate limits of the City.”
On 5 October 2010 the City Council heard a request from a Carmel citizen to amend the municipal code to allow for the keeping of chickens. The Council agreed that the City should allow the keeping of chickens under certain conditions and directed staff to prepare a draft ordinance. The Planning Commission recommended adoption of the attached ordinance on 26 January 2011.
EVALUATION
The proposed ordinance establishes a limit of two chicken hens per property in the R-1 District only. The ordinance establishes nine requirements for the keeping of chickens. These are identified below followed by a brief response from staff.
a) No roosters are permitted.
Response: Not allowing roosters will limit the noise impacts that might otherwise occur.
b) All chicken hens must be kept and secured within an enclosure of metal chicken wire, or other suitable material as to prevent the escape of any hens. The enclosure shall be maintained in good repair and no chicken hen shall be allowed to run at large on public or private property. Chicken hens may be permitted outside of an enclosure on the applicant’s property only when attended.
Response: This condition addresses the concern that chickens could escape from private property onto neighboring properties or city parks and open space. This condition will also limit the potential for incidents with other wild animals such as raccoons.
c) No enclosure shall exceed 20 square feet in size and five (5) feet in height above grade.
Response: This requirement limits the size of hen enclosures to mitigate potential visual impacts on neighboring properties.
d) The enclosure shall comply with all applicable R-1 standards as defined in CMC Section 17.10 and no commercial uses are permitted.
Response: Some of the R-1 standards that would be applicable include setbacks and site coverage. R-1 setback standards would require an enclosure be at least three feet from any side and rear property line and 15 feet from the front property line on most sites. The Planning Commission discussed limiting structures to rear yards only, however, ultimately did not make that a requirement of the ordinance primarily because there may be lot and building configurations in the City that would preclude placement in a rear yard.
e) A Track 1 Design Study application shall be submitted to the Department of Community Planning and Building for approval of the location and design of the enclosure prior to installation. Upon receipt of an application, the City shall cause that a notice be provided by mail and by hand delivery to all properties within 100 feet of the site indicating that an application has been filed. A public hearing with the Planning Commission may be required if a concern is filed in writing within 10 business days of the date the notice is delivered.
Response: A Track 1 application would be required to ensure that an applicant complies with the rules of the ordinance, to review the design and placement of the chicken hen enclosure, and to allow the City to track the properties that have been approved to keep chicken hens. The Planning Commission added the noticing requirement to ensure that neighboring property owners were made aware of a proposal to keep chickens.
f) Animal excretion shall not be permitted to accumulate so as to become offensive to any neighboring property; and
g) Outdoor slaughtering of birds shall not be permitted.
Response: These requirements will help ensure that the keeping of chickens does not create negative impacts on neighboring properties.
h) Failure to comply with any of these requirements may result in the revocation of the permit to keep chicken hens.
Response: This requirement gives the city the ability to revoke the permit to keep chicken hens in the event that a property owner is unable to comply with the requirements of the ordinance.
i) This ordinance shall expire on 30 June 2013 unless otherwise authorized by the City Council. No more than 15 permits shall be issued within that time.
Response: The Planning Commission recommended a sunset date on the ordinance and the establishment of a maximum number of permits that could be issued before that time. The purpose is to allow the City to reevaluate the ordinance within approximately two years and determine whether it should be extended, revised or withdrawn.
SUMMARY
In summary the Council should answer the following questions:
1) Are the proposed requirements appropriate or should they be modified?
2) Are there other requirements that should be included?
RECOMMENDATION
Adopt the Ordinance (1st Reading).
XI. Orders of Council
A. Approve amendments to City’s revised Harassment Prevention Policy.
Item XI-A – Approve amendments to City’s revised Harassment Prevention Policy will be provided under separate cover.
Sunday, February 27, 2011
Wednesday, February 23, 2011
Monterey County Subdivision Committee: RIGOULETTE, LLC (VILLAS DE CARMELO) – PLN070497
UPDATE: (24 February 2011)
Monterey County Planning Department
Meetings
Archived Videos
Standard/Minor Subdivision Thursday, February 24, 2011
Today, the Monterey County Standard Subdivision Committee voted to adopt a resolution recommending that the Planning Commission approve the Modified Design Alternative (Alternative 4 in the EIR) with modifications on a motion by Chair Tom Moss (Water Resources Agency), seconded by Vice-Chair James McPharlin (Fire), by the following vote:
AYES: McPharlin, Moss, Onciano, Lutes, Alinio
NOES: None
ABSENT: None
ABSTAIN: VanHorn
Notes:
Public Comment: All three public speakers, Amy L. White (Executive Director LandWatch), Mark Bayne (Save Our Carmel Neighborhoods Coalition) and Michael LePage (Carmel-by-the-Sea resident) advocated for a continuance of the agenda item due to the Final EIR not yet being available to the public.
Committee Comments: By the end of the discussion, the Committee Members decided that the due to the technical nature of their committee’s role in the planning process, Members would forward their recommendation to the Planning Commission for their consideration.
Staff: Elizabeth Gonzales, Associate Planner, prepared a MEMORANDUM, dated February 23, 2011, to Standard Subdivision Committee Members on the Subject of “Villa De Carmelo Revised Resolution and findings, Draft Conditions of Approval and Draft Mitigation Monitoring & Reporting Program” (revised Resolution contained red-lined strikeout and blue underlined new language). EXHIBIT C DRAFT RESOLUTION contained FINDINGS and EVIDENCE for CONSISTENCY, SITE SUITABILITY, HEALTH AND SAFETY, NO VIOLATIONS, CEQA (EIR), EIR-CEQA ALTERNATIVE TO THE PROPOSED PRLJECT, PUBLIC ACCESS, SUBDIVISION, TREE REMOVAL, INCLUSIONARY HOUSING, RECREATIONAL REQUIREMENTS, 30 PERCENT SLOPES, APPEALABILITY and DECISION.
ABSTRACT: Tomorrow, Thursday, 24 February 2011, the Monterey County Subdivision Committee will again consider RIGOULETTE, LLC (VILLAS DE CARMELO) – PLN070497 at 10:00 A.M. at Monterey County Government Center – Board of Supervisors Chambers in Salinas. The applicable agenda item is reproduced with links to the complete AGENDA, MONTEREY COUNTY STANDARD SUBDIVISION COMMITTEE Staff Report and Exhibit “J.” Staff’s RECOMMENDED ACTION: RECOMMEND APPROVAL OF SUBDIVISION.
Monterey County
Minor/Standard Subdivision Committee
AGENDA
Thursday, February 24, 2011
Monterey County Government Center – Board of Supervisors Chambers
168 W. Alisal Street
Salinas, CA 93901
9:00 a.m.
Chair: Tom Moss, Water Resources Agency
Vice-Chair: James McPharlin, Fire
Secretary: Jacqueline Onciano, RMA Planning
Chad Alinio, RMA Public Works
Roger VanHorn, Environmental Health Bureau
David Lutes, Parks (Subdivision only)
Keith Vandevere, Planning Commissioner (Minor Subdivision Only)
E. SCHEDULED ITEMS: STANDARD SUBDIVISION COMMITTEE
1. 10:00A.M. - RIGOULETTE, LLC (VILLAS DE CARMELO) – PLN070497 AND EXHIBIT J
PROJECT PLANNER: LIZ GONZALES. ENVIRONMENTAL STATUS: ENVIRONMENTAL IMPACT REPORT. PROJECT DESCRIPTION: CONTINUED FROM DECEMBER 9, 2010. 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, 009-061-005-000), COASTAL ZONE. RECOMMENDED ACTION: RECOMMEND APPROVAL OF SUBDIVISION.
NOTES:
MONTEREY COUNTY STANDARD SUBDIVISION COMMITTEE
RECOMMENDATION: Staff recommends that the Standard Subdivision Committee:
1) Consider the Draft EIR, Recirculated Draft EIR (Exhibit E), and Draft Mitigation Monitoring and Reporting Program (Exhibit C, Attachment 1);
2) Consider proposed LCP Amendments (Exhibit C, Attachment 3) and determine project consistency with or without certification of this amendment by the Board of Supervisors and Coastal Commission.
3) Presuming the LCP Amendments are certified, adopt a resolution recommending that the Planning Commission approve the Modified Design Alternative (identified as Alternative 4 in the EIR), based on the Findings and Evidence and subject to recommended Conditions of Approval and Mitigation Monitoring and/or Reporting Program (Exhibit C).
Exhibit “J”
Jacqueline M. Zischke, Attorney at Law
A Professional Corporation
PO Box 1115
Salinas, California 93902
RE: 30% Slope Waiver Justification
ADDENDUM:
Villas De Carmelo Standard Subdivision Hearing of (January 13, 2011)
• Standard Subdivision Staff Report and Resolution for hearing on January 13, 2011 including:
Exhibit A - Project Data Sheet and;
Exhibit B - Project Discussion (Attachment 1 - Conceptual Highway 1/Valley Way Intersection Improvement.
Standard Subdivision Staff Report and Resolution
• Exhibit C - Draft Resolution, including:
Attachment 1-Draft Condition of Approval, Mitigation Monitoring and Reporting Program;
Draft Resolution CONDITIONS AND MITIGATIONS
Attachment 2-Vesting Tentative Map;
Draft Resollution Vesting Tentative Map
Attachment 3-LCP Text Change Language.
LCP Text Change WORDING
• Exhibit D - Vicinity Map
VICINITY MAP
• Exhibit E - Draft Environmental Impact Report (DEIR) Volume I;
Draft Environmental Impact Report (DEIR) Volume II Appendices;
Recirculated Draft Environmental Impact Report and Appendices.
• Exhibit F - Comments Received on the DEIR; Comments Received on the RDEIR
EIR COMMENT LTRS
• Exhibit G1 - Original Project Plans
ORIGINAL PROJECT PLANS
• Exhibit G2 - Modified Design Alternative
MODIFIED DESIGN ALTERNATIVE
• Exhibit H - Carmel Highlands/Unincorporated LUAC Minutes
CH LUAC MINUTES
• Exhibit I - Housing Advisory Committee Minutes
HOUSING REDEV COMMITTEE MINUTES
• Exhibit J - Historic Resources Review Board Minutes
Historic Resources Review Board MINUTES
Monterey County Planning Department
Meetings
Archived Videos
Standard/Minor Subdivision Thursday, February 24, 2011
Today, the Monterey County Standard Subdivision Committee voted to adopt a resolution recommending that the Planning Commission approve the Modified Design Alternative (Alternative 4 in the EIR) with modifications on a motion by Chair Tom Moss (Water Resources Agency), seconded by Vice-Chair James McPharlin (Fire), by the following vote:
AYES: McPharlin, Moss, Onciano, Lutes, Alinio
NOES: None
ABSENT: None
ABSTAIN: VanHorn
Notes:
Public Comment: All three public speakers, Amy L. White (Executive Director LandWatch), Mark Bayne (Save Our Carmel Neighborhoods Coalition) and Michael LePage (Carmel-by-the-Sea resident) advocated for a continuance of the agenda item due to the Final EIR not yet being available to the public.
Committee Comments: By the end of the discussion, the Committee Members decided that the due to the technical nature of their committee’s role in the planning process, Members would forward their recommendation to the Planning Commission for their consideration.
Staff: Elizabeth Gonzales, Associate Planner, prepared a MEMORANDUM, dated February 23, 2011, to Standard Subdivision Committee Members on the Subject of “Villa De Carmelo Revised Resolution and findings, Draft Conditions of Approval and Draft Mitigation Monitoring & Reporting Program” (revised Resolution contained red-lined strikeout and blue underlined new language). EXHIBIT C DRAFT RESOLUTION contained FINDINGS and EVIDENCE for CONSISTENCY, SITE SUITABILITY, HEALTH AND SAFETY, NO VIOLATIONS, CEQA (EIR), EIR-CEQA ALTERNATIVE TO THE PROPOSED PRLJECT, PUBLIC ACCESS, SUBDIVISION, TREE REMOVAL, INCLUSIONARY HOUSING, RECREATIONAL REQUIREMENTS, 30 PERCENT SLOPES, APPEALABILITY and DECISION.
ABSTRACT: Tomorrow, Thursday, 24 February 2011, the Monterey County Subdivision Committee will again consider RIGOULETTE, LLC (VILLAS DE CARMELO) – PLN070497 at 10:00 A.M. at Monterey County Government Center – Board of Supervisors Chambers in Salinas. The applicable agenda item is reproduced with links to the complete AGENDA, MONTEREY COUNTY STANDARD SUBDIVISION COMMITTEE Staff Report and Exhibit “J.” Staff’s RECOMMENDED ACTION: RECOMMEND APPROVAL OF SUBDIVISION.
Monterey County
Minor/Standard Subdivision Committee
AGENDA
Thursday, February 24, 2011
Monterey County Government Center – Board of Supervisors Chambers
168 W. Alisal Street
Salinas, CA 93901
9:00 a.m.
Chair: Tom Moss, Water Resources Agency
Vice-Chair: James McPharlin, Fire
Secretary: Jacqueline Onciano, RMA Planning
Chad Alinio, RMA Public Works
Roger VanHorn, Environmental Health Bureau
David Lutes, Parks (Subdivision only)
Keith Vandevere, Planning Commissioner (Minor Subdivision Only)
E. SCHEDULED ITEMS: STANDARD SUBDIVISION COMMITTEE
1. 10:00A.M. - RIGOULETTE, LLC (VILLAS DE CARMELO) – PLN070497 AND EXHIBIT J
PROJECT PLANNER: LIZ GONZALES. ENVIRONMENTAL STATUS: ENVIRONMENTAL IMPACT REPORT. PROJECT DESCRIPTION: CONTINUED FROM DECEMBER 9, 2010. 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, 009-061-005-000), COASTAL ZONE. RECOMMENDED ACTION: RECOMMEND APPROVAL OF SUBDIVISION.
NOTES:
MONTEREY COUNTY STANDARD SUBDIVISION COMMITTEE
RECOMMENDATION: Staff recommends that the Standard Subdivision Committee:
1) Consider the Draft EIR, Recirculated Draft EIR (Exhibit E), and Draft Mitigation Monitoring and Reporting Program (Exhibit C, Attachment 1);
2) Consider proposed LCP Amendments (Exhibit C, Attachment 3) and determine project consistency with or without certification of this amendment by the Board of Supervisors and Coastal Commission.
3) Presuming the LCP Amendments are certified, adopt a resolution recommending that the Planning Commission approve the Modified Design Alternative (identified as Alternative 4 in the EIR), based on the Findings and Evidence and subject to recommended Conditions of Approval and Mitigation Monitoring and/or Reporting Program (Exhibit C).
Exhibit “J”
Jacqueline M. Zischke, Attorney at Law
A Professional Corporation
PO Box 1115
Salinas, California 93902
RE: 30% Slope Waiver Justification
ADDENDUM:
Villas De Carmelo Standard Subdivision Hearing of (January 13, 2011)
• Standard Subdivision Staff Report and Resolution for hearing on January 13, 2011 including:
Exhibit A - Project Data Sheet and;
Exhibit B - Project Discussion (Attachment 1 - Conceptual Highway 1/Valley Way Intersection Improvement.
Standard Subdivision Staff Report and Resolution
• Exhibit C - Draft Resolution, including:
Attachment 1-Draft Condition of Approval, Mitigation Monitoring and Reporting Program;
Draft Resolution CONDITIONS AND MITIGATIONS
Attachment 2-Vesting Tentative Map;
Draft Resollution Vesting Tentative Map
Attachment 3-LCP Text Change Language.
LCP Text Change WORDING
• Exhibit D - Vicinity Map
VICINITY MAP
• Exhibit E - Draft Environmental Impact Report (DEIR) Volume I;
Draft Environmental Impact Report (DEIR) Volume II Appendices;
Recirculated Draft Environmental Impact Report and Appendices.
• Exhibit F - Comments Received on the DEIR; Comments Received on the RDEIR
EIR COMMENT LTRS
• Exhibit G1 - Original Project Plans
ORIGINAL PROJECT PLANS
• Exhibit G2 - Modified Design Alternative
MODIFIED DESIGN ALTERNATIVE
• Exhibit H - Carmel Highlands/Unincorporated LUAC Minutes
CH LUAC MINUTES
• Exhibit I - Housing Advisory Committee Minutes
HOUSING REDEV COMMITTEE MINUTES
• Exhibit J - Historic Resources Review Board Minutes
Historic Resources Review Board MINUTES
KION CENTRAL COAST NEWS: ‘Carmel Searching For A New City Administrator’
KION CENTRAL COAST NEWS:
CITY ADMININSTATOR SEARCH Pop-Up Video
Duration: 01:03
City Administrator Rich Guillen was present at the Special City Council meeting on Tuesday, 22 February 2011.
Mayor Sue McCloud stated “but we have enough experience, I think, with headhunting firms and hiring previous city administrators...”
CLARIFICATION: Since 2000, with the election of Sue McCloud as mayor, the City has had one city administrator, namely Rich Guillen. The City did not contract with a search firm to consider candidates to replace departing City Administrator Jere Kersnar. In fact, the last time the City contracted with a search firm, Ralph Andersen & Associates, for the purpose of ostensibly hiring a Community Planning & Building Director, the City expended taxpayer monies, but failed to follow through and actually hire a Community Planning & Building Director. The Community Planning & Building Director position, one of the most important positions in the city, remains vacant today.
ADDENDUM:
Interview with Jason Burnett Carmel City Council
Duration: 03:59
CITY ADMININSTATOR SEARCH Pop-Up Video
Duration: 01:03
City Administrator Rich Guillen was present at the Special City Council meeting on Tuesday, 22 February 2011.
Mayor Sue McCloud stated “but we have enough experience, I think, with headhunting firms and hiring previous city administrators...”
CLARIFICATION: Since 2000, with the election of Sue McCloud as mayor, the City has had one city administrator, namely Rich Guillen. The City did not contract with a search firm to consider candidates to replace departing City Administrator Jere Kersnar. In fact, the last time the City contracted with a search firm, Ralph Andersen & Associates, for the purpose of ostensibly hiring a Community Planning & Building Director, the City expended taxpayer monies, but failed to follow through and actually hire a Community Planning & Building Director. The Community Planning & Building Director position, one of the most important positions in the city, remains vacant today.
ADDENDUM:
Interview with Jason Burnett Carmel City Council
Duration: 03:59
Monday, February 21, 2011
SPECIAL CITY COUNCIL MEETING: ‘Authorize staff to circulate a Request for Proposals (RFP) for a search firm for a new City Administrator.’
ABSTRACT: Tomorrow, Tuesday, 22 February 2011, the City Council will hold a Special Meeting at 5:00 P.M. at City Hall Council Chambers to “Authorize staff to circulate a Request for Proposals (RFP) for a search firm for a new City Administrator.” The Agenda is reproduced with link to Adenda Item Packet.
NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, February 22, 2011 -- 5:00 p.m.
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
Live video streaming available at:
www.ci.carmel.ca.us
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Orders of Council
A. Authorize staff to circulate a Request for Proposals (RFP) for a search firm for a new City Administrator.
V. Adjournment
The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.
ADDENDUM:
Special Meeting Feb 22 2011 Packet
Includes, as follows:
NOTICE OF SPECIAL CITY COUNCIL MEETING
Agenda Item Summary
RFP City Administrator Recruitment
DRAFT REQUEST FOR PROPOSAL FOR CITY ADMINISTRATOR RECRUITMENT, February 2011
Proposed List of Firms to Receive RFPS
1. Bob Murray & Associates (Roseville, CA)
2. William Avery & Associates, Inc. (Los Gatos, CA)
3. Peckham & McKenney (Sacramento, CA)
4. Teri Black & Company (Los Angeles, CA)
5. Ralph Andersen & Associates (Rocklin, CA)
6. CSI Human Resources Group, LLC (Monterey, CA)
Municipal Code Chapter 2.08 CITY ADMINISTRATOR
NOTICE OF SPECIAL CITY COUNCIL MEETING
Special Meeting
Tuesday, February 22, 2011 -- 5:00 p.m.
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues
Live video streaming available at:
www.ci.carmel.ca.us
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Orders of Council
A. Authorize staff to circulate a Request for Proposals (RFP) for a search firm for a new City Administrator.
V. Adjournment
The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.
ADDENDUM:
Special Meeting Feb 22 2011 Packet
Includes, as follows:
NOTICE OF SPECIAL CITY COUNCIL MEETING
Agenda Item Summary
RFP City Administrator Recruitment
DRAFT REQUEST FOR PROPOSAL FOR CITY ADMINISTRATOR RECRUITMENT, February 2011
Proposed List of Firms to Receive RFPS
1. Bob Murray & Associates (Roseville, CA)
2. William Avery & Associates, Inc. (Los Gatos, CA)
3. Peckham & McKenney (Sacramento, CA)
4. Teri Black & Company (Los Angeles, CA)
5. Ralph Andersen & Associates (Rocklin, CA)
6. CSI Human Resources Group, LLC (Monterey, CA)
Municipal Code Chapter 2.08 CITY ADMINISTRATOR
Friday, February 18, 2011
ICMA: ‘Leaders at the Core of Better Communities’ on Selecting a Local Government Administrator
ABSTRACT: International City/County Management Association (ICMA), a 501(c)(3) nonprofit organization, was founded in 1914. ICMA is the “premier local government leadership and management organization. Its mission is to create excellence in local governance by advocating and developing the professional management of local government worldwide.”
Links to Articles, namely Professional Local Government Management
and Recruitment Guidelines for Selecting a Local Government Administrator (Recruitment Guidelines Handbook), are provided. Among the most significant content, as follows: “Recruiting and selecting a local government administrator is one of the most important responsibilities of a local governing body. It requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the local government and the administrator.” And “For the recruitment process to be successful, local government leaders must provide the following:
• Strong, consistent political leadership.
• A well organized and coordinated recruitment process.
• A plan for administering the affairs of the local government while the recruitment process is under way.
• A timetable that ensures prompt, comprehensive recruitment and guards against impulsive and premature action.”
Importantly, valuable sections include Appoint an interim administrator and Summary Checklist and Timetable. Lastly, as stated in the Conclusion, “If recruitment of a local government administrator is conducted according to the guidelines outlined in this document, the chances of developing a positive and beneficial long-term relationship among the council, the administrator, and the community are greatly enhanced.”
REFERENCES:
Professional Local Government Management
Today’s elected local government officials can better fulfill their legislative or policy-making roles by delegating the day-to-day management of the municipality to an appointed professional administrator.
Recruitment Guidelines For Selecting a Local Government Administrator, International City/County Management Association (ICMA), February 2001 (28 pages)
ADDENDUM:
Ethics
At the very core of ICMA is the mission to promote an ethical culture in local government. Since the development of the ICMA Code of Ethics in 1924, the organization has built an extensive collection of advice on ethics issues, case studies and model local government documents. This knowledge base has been translated into training courses, consulting services and ethics textbooks and other educational publications designed to further the organization’s mission throughout the world.
Links to Articles, namely Professional Local Government Management
and Recruitment Guidelines for Selecting a Local Government Administrator (Recruitment Guidelines Handbook), are provided. Among the most significant content, as follows: “Recruiting and selecting a local government administrator is one of the most important responsibilities of a local governing body. It requires careful planning, astute evaluation of candidates, and a clear understanding of the relationship between the local government and the administrator.” And “For the recruitment process to be successful, local government leaders must provide the following:
• Strong, consistent political leadership.
• A well organized and coordinated recruitment process.
• A plan for administering the affairs of the local government while the recruitment process is under way.
• A timetable that ensures prompt, comprehensive recruitment and guards against impulsive and premature action.”
Importantly, valuable sections include Appoint an interim administrator and Summary Checklist and Timetable. Lastly, as stated in the Conclusion, “If recruitment of a local government administrator is conducted according to the guidelines outlined in this document, the chances of developing a positive and beneficial long-term relationship among the council, the administrator, and the community are greatly enhanced.”
REFERENCES:
Professional Local Government Management
Today’s elected local government officials can better fulfill their legislative or policy-making roles by delegating the day-to-day management of the municipality to an appointed professional administrator.
Recruitment Guidelines For Selecting a Local Government Administrator, International City/County Management Association (ICMA), February 2001 (28 pages)
ADDENDUM:
Ethics
At the very core of ICMA is the mission to promote an ethical culture in local government. Since the development of the ICMA Code of Ethics in 1924, the organization has built an extensive collection of advice on ethics issues, case studies and model local government documents. This knowledge base has been translated into training courses, consulting services and ethics textbooks and other educational publications designed to further the organization’s mission throughout the world.
KION CENTRAL COAST NEWS: 'Guillen is Gone, What’s the Next Step?'
Guillen is Gone, What’s the Next Step?
Duration: 2:55
On Thursday, February 17, News Anchor Marc Cota-Robles announced HELP WANTED, CITY ADMINISTRATOR, $200,000 PLUS BENEFITS & LIVE IN BEAUTIFUL CARMEL! Brooke Holmquist reported that the during the Guillen crisis the public debate changed from what should happen to City Administrator Rich Guillen to how the City Council handled the situation "as a whole." Carolyn Hardy, Tony Bhutani and Adam Moniz were interviewed by Holmquist. They stated that they “aren’t going away” even though Rich Guillen is retiring. Carolyn Hardy stated that Carmel needs a “real open, community-based process.” Tony Bhutani stated that he would attend the upcoming meeting to “make sure Carmel doesn’t remain the laughingstock of the Peninsula.” Former mayoral candidate Adam Moniz stated that Carmel needs many people to run in the next election and “we need people who want to participate in this government.” City Council Member Jason Burnett advocated for public participation and input at an upcoming meeting on the process for the selection of the next city administrator. News Anchor Jasmine Viel announced that the first public meeting on the selection of a new city administrator is next Tuesday, 22 February 2011 at 5:00 P.M. at Carmel City Hall.
Guillen is Gone; What's Next for Carmel?
Posted: Feb 17, 2011 6:16 PM PST
Duration: 2:55
On Thursday, February 17, News Anchor Marc Cota-Robles announced HELP WANTED, CITY ADMINISTRATOR, $200,000 PLUS BENEFITS & LIVE IN BEAUTIFUL CARMEL! Brooke Holmquist reported that the during the Guillen crisis the public debate changed from what should happen to City Administrator Rich Guillen to how the City Council handled the situation "as a whole." Carolyn Hardy, Tony Bhutani and Adam Moniz were interviewed by Holmquist. They stated that they “aren’t going away” even though Rich Guillen is retiring. Carolyn Hardy stated that Carmel needs a “real open, community-based process.” Tony Bhutani stated that he would attend the upcoming meeting to “make sure Carmel doesn’t remain the laughingstock of the Peninsula.” Former mayoral candidate Adam Moniz stated that Carmel needs many people to run in the next election and “we need people who want to participate in this government.” City Council Member Jason Burnett advocated for public participation and input at an upcoming meeting on the process for the selection of the next city administrator. News Anchor Jasmine Viel announced that the first public meeting on the selection of a new city administrator is next Tuesday, 22 February 2011 at 5:00 P.M. at Carmel City Hall.
Guillen is Gone; What's Next for Carmel?
Posted: Feb 17, 2011 6:16 PM PST
Tuesday, February 15, 2011
KSBW: BREAKING NEWS: 'Rich Guillen Retires As Carmel City Administrator'
UPDATE: Rich Guillen Retires After Controversy
POSTED: 11:22 pm PST February 15, 2011
UPDATED: 11:23 pm PST February 15, 2011
Duration: 02:36
News anchor Erin Clark reported “Rich Guillen is gone.” Stephanie Chuang reported, taped public statements of Carmel residents, including Tony Bhutani, Roberta Miller, and spoke with Charlotte Townsend, Monte Miller, City Council Member Jason Burnett and former City Council Member Barbara Livingston. City Administrator Rich Guillen was absent; he texted Council Members Monday that he would be out-of-town through Thursday. Council Member Jason Burnett stated that he hopes the City will hire a temporary city administrator “immediately” and conduct a search for a permanent city administrator involving the community throughout the process.
KSBW: BREAKING NEWS: Rich Guillen Retires As Carmel City Administrator
POSTED: 5:54 pm PST February 15, 2011
UPDATED: 7:10 pm PST February 15, 2011
Duration: 1:45
Stephanie Chuang reported that the City Council unanimously voted to accept City Administrator Rich Guillen’s resignation. City Attorney Don Freeman stated that Rich Guillen will stay until replacement is hired or March 31, 2011, whichever occurs first. Guillen will receive six months severance pay and health benefits. City Council Member Jason Burnett stated that the City will start search for Guillen’s replacement immediately.
POSTED: 11:22 pm PST February 15, 2011
UPDATED: 11:23 pm PST February 15, 2011
Duration: 02:36
News anchor Erin Clark reported “Rich Guillen is gone.” Stephanie Chuang reported, taped public statements of Carmel residents, including Tony Bhutani, Roberta Miller, and spoke with Charlotte Townsend, Monte Miller, City Council Member Jason Burnett and former City Council Member Barbara Livingston. City Administrator Rich Guillen was absent; he texted Council Members Monday that he would be out-of-town through Thursday. Council Member Jason Burnett stated that he hopes the City will hire a temporary city administrator “immediately” and conduct a search for a permanent city administrator involving the community throughout the process.
KSBW: BREAKING NEWS: Rich Guillen Retires As Carmel City Administrator
POSTED: 5:54 pm PST February 15, 2011
UPDATED: 7:10 pm PST February 15, 2011
Duration: 1:45
Stephanie Chuang reported that the City Council unanimously voted to accept City Administrator Rich Guillen’s resignation. City Attorney Don Freeman stated that Rich Guillen will stay until replacement is hired or March 31, 2011, whichever occurs first. Guillen will receive six months severance pay and health benefits. City Council Member Jason Burnett stated that the City will start search for Guillen’s replacement immediately.
KION CENTRAL COAST NEWS: ‘Carmel City Administrator Retires’
UPDATE II: Community Relieved Over Retirement Of Administrator
Duration: 02:10
Marc Cota-Robles, Central Coast News, reported “He's out and it's the news that a lot of you waited months to hear.” “On Tuesday, the city announced Richard Guillen retired as City Administrator in Carmel." Azenith Smith spoke with City Council Member Jason Burnett, residents Carolyn Hardy and Charlotte Townsend.
Carmel City Administrator Retires
Updated: Feb 15, 2011 10:57 PM PST
Submitted by Azenith Smith, Central Coast News
UPDATE I: Carmel City Administrator Retires (Pre/During-Closed Session)
Duration: 2:10
Carmel City Administrator Retires (Post-Closed Session)
Duration: 1:15
Brooke Holmquist reported pre/during-closed session and post-closed session. Holmquist showed a "Fire Guillen NOW!" bumper sticker and spoke with resident Tony Bhutano (2:10 Video) and stated there was no comment from the mayor and read the City’s News Release (1:15 Video).
KION CENTRAL COAST NEWS reports that “After months of delaying a decision, Carmel City Council announced the City Administrator accused of harassment is retiring."
"Richard Guillen will no longer be employed with the city.”
Source: Carmel City Administrator Retires, KION CENTRAL COAST NEWS, Feb 15, 2011 6:19 PM PST
Duration: 02:10
Marc Cota-Robles, Central Coast News, reported “He's out and it's the news that a lot of you waited months to hear.” “On Tuesday, the city announced Richard Guillen retired as City Administrator in Carmel." Azenith Smith spoke with City Council Member Jason Burnett, residents Carolyn Hardy and Charlotte Townsend.
Carmel City Administrator Retires
Updated: Feb 15, 2011 10:57 PM PST
Submitted by Azenith Smith, Central Coast News
UPDATE I: Carmel City Administrator Retires (Pre/During-Closed Session)
Duration: 2:10
Carmel City Administrator Retires (Post-Closed Session)
Duration: 1:15
Brooke Holmquist reported pre/during-closed session and post-closed session. Holmquist showed a "Fire Guillen NOW!" bumper sticker and spoke with resident Tony Bhutano (2:10 Video) and stated there was no comment from the mayor and read the City’s News Release (1:15 Video).
KION CENTRAL COAST NEWS reports that “After months of delaying a decision, Carmel City Council announced the City Administrator accused of harassment is retiring."
"Richard Guillen will no longer be employed with the city.”
Source: Carmel City Administrator Retires, KION CENTRAL COAST NEWS, Feb 15, 2011 6:19 PM PST
Monday, February 14, 2011
SPECIAL CLOSED SESSION CITY COUNCIL MEETING: Public Employee Performance Evaluation - Government Code Section 54957. Title: City Administrator Discipline/Dismissal/Release
ABSTRACT: Tomorrow, Tuesday, 15 February 2011, the City Council will hold a Special Closed Session Meeting at 5:00 P.M. at City Hall for "Public Employee Performance Evaluation" regarding "City Administrator Discipline/Dismissal/Release." The Agenda is reproduced.
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session
Tuesday, February 15, 2011 – 5:00 p.m.
The City Council will meet at City Hall on the east side of Monte Verde
between Ocean and Seventh Avenues.
I. Roll Call
II. Orders of Council
Pursuant to Government Code Section 54956 et seq. of the State of
California, the City Council will adjourn to Closed Session to consider
the following:
1. Public Employee Performance Evaluation - Government Code
Section 54957. Title: City Administrator Discipline/Dismissal/Release
III. Announcements in Open Session (if any).
IV. Adjournment
The City of Carmel-by-the-Sea does not discriminate against persons with
disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session
Tuesday, February 15, 2011 – 5:00 p.m.
The City Council will meet at City Hall on the east side of Monte Verde
between Ocean and Seventh Avenues.
I. Roll Call
II. Orders of Council
Pursuant to Government Code Section 54956 et seq. of the State of
California, the City Council will adjourn to Closed Session to consider
the following:
1. Public Employee Performance Evaluation - Government Code
Section 54957. Title: City Administrator Discipline/Dismissal/Release
III. Announcements in Open Session (if any).
IV. Adjournment
The City of Carmel-by-the-Sea does not discriminate against persons with
disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.
Sunday, February 13, 2011
Sunset Cultural Center, Inc. (SCC) (2004 – 2011) Globenfelt to Lesnik to Sandin: ‘Performing Arts’ Mission to ‘Events’ Emphasis
ABSTRACT: “Our prior directors had their primary strength in presenting performances at Sunset Center, which obviously is an important element of our role,” (SCC Chairman Jim) Price said. “However, SCC is charged with a much broader responsibility by the city which would include conferences, seminars, special events, weddings — activities that are not only a benefit to the people of Carmel but bring business to Carmel.” To implement this significant change in mission emphasis, SCC Board of Trustees hired Christine Sandin, former marketing and development consultant to SCC, former Executive Manager, Monterey Bay Blues Festival; former Director of Sales and Marketing, The Whittemore Center Arena, University of New Hampshire; former Managing Director, The Music Hall, Portsmouth, N.H.; and former employee of Global Spectrum, a company which “hosts a wide array of popular sports and entertainment, trade shows, performing arts, and other special events.” Previously, former Executive Director Jack Globenfelt had 40 years business experience including experience with the Fresno Convention Center, the Harlem Globetrotters, the Nassau County Coliseum and the Lehman Center for the Performing Arts in New York, and numerous entertainment contacts. And former Executive Director Peter Lesnik had been Executive Director of the Richard and Karen Carpenter Performing Arts Center at California State University Long Beach for ten years, had theater experience, and administrative and marketing experience. Excerpts highlighting reporting from The Carmel Pine Cone on SCC, Christine Sandin, Peter Lesnik and Jack Globenfelt are presented. COMMENTS and QUESTIONS are made regarding the City and SCC’s management of the Sunset Center.
2011: On Managing Director Christine Sandin and SCC:
“She seemed exceptionally qualified for our objectives,” Price told The Pine Cone Wednesday. “She has a very positive attitude and a lot of experience with both venue management and event presentation.”
While the theater will continue hosting performances, the center should draw more multi-day festivals, weddings, conferences and other activities that will generate more money for the center and the city.
“Our prior directors had their primary strength in presenting performances at Sunset Center, which obviously is an important element of our role,” Price said. “However, SCC is charged with a much broader responsibility by the city which would include conferences, seminars, special events, weddings — activities that are not only a benefit to the people of Carmel but bring business to Carmel.”
Those options have not received much attention in the past, according to Price, leaving that market largely untapped.
“‘Event’ means multi-day, like the Carmel Art and Film Festival and the Authors and Ideas Festival,” he said. “We want to do more of that. We will not be decreasing show presentations but will be putting much more effort into those kinds of events.”
2008 – 2010: On Executive Director Peter Lesnik:
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.
“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.”
Lesnik will play a major role in all that — and is ideal for his new job, according to Price, because he’s “energetic and innovative,” and has experience not only managing performing arts centers, but in directing, producing and otherwise working in theater.
2005 – 2007: On & By Executive Director Jack Globenfelt:
SCC Chairman Perry Walker:
“When we took over Sunset Center, we thought we would be doing 10 Performance Carmel series shows,” he said, referring to the series that’s been produced in-house at Sunset Center for 15 years.
But after the center’s extensive $21.65 million remodel, and subsequent increases in rental rates during the following few years, many of the groups that had been presenting shows there did not return. As a result, the center’s management, hired in 2004, increasingly assumed the responsibility of finding, hiring and scheduling various artists.
“We are now the major presenter at Sunset,” Walker said. “We are taking on that risk, and that is a huge change in what our mission was.”
Between July 1, 2006, and June 30 this year, Performance Carmel featured 11 shows, and Sunset Center Presents — the other in-house series — hosted 28. The Historic Presenting Partners, such as the Monterey Symphony, organized 57 performances, and “other events” accounted for 22.
Credited with bringing an eclectic gathering of high-level performers to the city-owned venue...
SCC secretary Dee Adolph read a resolution adopted by the board Oct. 23 thanking Globenfelt for his “dedication to the performing arts” and for bringing a “great diversity of presentations” to the theater...
Walker credited Globenfelt with bringing talented performers and popular shows to Sunset, which reopened in 2004 following a $21.65 million renovation. With more than 40 years’ business experience that included stints with the Fresno Convention Center, the Harlem Globetrotters, the Nassau County Coliseum and the Lehman Center for the Performing Arts in New York City, Globenfelt tapped into his entertainment contacts and abilities to make Sunset popular with entertainers and patrons.
While we have pushed to lower costs and raise income, it cannot be anticipated that these results can be sustainable in the future,” Globenfelt’s report concluded. “Costs for services, materials and artists’ fees continue to rise, and we are expecting substantial competition for performers and entertainment in the market.”
COMMENTS:
• Widespread community support is essential for Sunset Cultural Center, Inc. (SCC) success. Yet, SCC does not have widespread community support. Why? Not only did the City renege on its public pledge to ascertain whether there was community consensus for management of Sunset Center by a non-profit organization, but the Mayor and City Council installed SCC despite significant objections from many knowledgeable and informed community members. This inauspicious beginning in 2004 could have been overcome if the SCC Board of Trustees had decided to open their board meetings to the public for the purpose of giving community members the opportunity to understand the Board’s decision-making processes. Now, largely because community members have no idea of the rationales and reasons for the lack of director and board continuity over nearly seven years, and significant change in mission emphasis, SCC does not have, nor deserve, widespread community support.
• Recall the $21.65 million renovation of Sunset Center involved the Sunset Theatre and related Rehearsal Studio and Green Room, not the community rooms, including Carpenter Hall, Studio 105, et cetera. The scope, then, of the renovation supported the original emphasis on Sunset Center being a performing arts center, first and foremost, which was embraced by both executive directors, Jack Globenfelt and Peter Lesnik.
QUESTIONS:
• In making this significant change in mission emphasis, did the Board of Trustees perform a Feasibility Study for a Combined Performing Arts & Conference Center? If not, why not? If yes, SCC should release the Feasibility Study for public review.
SOURCES:
Sunset Center hires managing director, MARY BROWNFIELD, The Carmel Pine Cone, February 11, 2011, 14A & 24A
Veteran theater exec, producer, director to head Sunset Center, MARY BROWNFIELD, The Carmel Pine Cone, November 23, 2007
Fans, friends gather for Sunset Center leader’s sendoff, MARY BROWNFIELD, The Carmel Pine Cone, November 2, 2007, 12A & 15A
Sunset Center reports strong fourth quarter ■ Nonprofit signs on to manage theater for another three years, MARY BROWNFIELD, The Carmel Pine Cone, August 17, 2007, 16 A
No new contract for Sunset Center exec, MARY BROWNFIELD, The Carmel Pine Cone, June 1, 2007
Ticket sales, fewer jobs put Sunset in the black during third quarter, MARY BROWNFIELD, The Carmel Pine Cone, May 4, 2007, 8A
2011: On Managing Director Christine Sandin and SCC:
“She seemed exceptionally qualified for our objectives,” Price told The Pine Cone Wednesday. “She has a very positive attitude and a lot of experience with both venue management and event presentation.”
While the theater will continue hosting performances, the center should draw more multi-day festivals, weddings, conferences and other activities that will generate more money for the center and the city.
“Our prior directors had their primary strength in presenting performances at Sunset Center, which obviously is an important element of our role,” Price said. “However, SCC is charged with a much broader responsibility by the city which would include conferences, seminars, special events, weddings — activities that are not only a benefit to the people of Carmel but bring business to Carmel.”
Those options have not received much attention in the past, according to Price, leaving that market largely untapped.
“‘Event’ means multi-day, like the Carmel Art and Film Festival and the Authors and Ideas Festival,” he said. “We want to do more of that. We will not be decreasing show presentations but will be putting much more effort into those kinds of events.”
2008 – 2010: On Executive Director Peter Lesnik:
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.
“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.”
Lesnik will play a major role in all that — and is ideal for his new job, according to Price, because he’s “energetic and innovative,” and has experience not only managing performing arts centers, but in directing, producing and otherwise working in theater.
2005 – 2007: On & By Executive Director Jack Globenfelt:
SCC Chairman Perry Walker:
“When we took over Sunset Center, we thought we would be doing 10 Performance Carmel series shows,” he said, referring to the series that’s been produced in-house at Sunset Center for 15 years.
But after the center’s extensive $21.65 million remodel, and subsequent increases in rental rates during the following few years, many of the groups that had been presenting shows there did not return. As a result, the center’s management, hired in 2004, increasingly assumed the responsibility of finding, hiring and scheduling various artists.
“We are now the major presenter at Sunset,” Walker said. “We are taking on that risk, and that is a huge change in what our mission was.”
Between July 1, 2006, and June 30 this year, Performance Carmel featured 11 shows, and Sunset Center Presents — the other in-house series — hosted 28. The Historic Presenting Partners, such as the Monterey Symphony, organized 57 performances, and “other events” accounted for 22.
Credited with bringing an eclectic gathering of high-level performers to the city-owned venue...
SCC secretary Dee Adolph read a resolution adopted by the board Oct. 23 thanking Globenfelt for his “dedication to the performing arts” and for bringing a “great diversity of presentations” to the theater...
Walker credited Globenfelt with bringing talented performers and popular shows to Sunset, which reopened in 2004 following a $21.65 million renovation. With more than 40 years’ business experience that included stints with the Fresno Convention Center, the Harlem Globetrotters, the Nassau County Coliseum and the Lehman Center for the Performing Arts in New York City, Globenfelt tapped into his entertainment contacts and abilities to make Sunset popular with entertainers and patrons.
While we have pushed to lower costs and raise income, it cannot be anticipated that these results can be sustainable in the future,” Globenfelt’s report concluded. “Costs for services, materials and artists’ fees continue to rise, and we are expecting substantial competition for performers and entertainment in the market.”
COMMENTS:
• Widespread community support is essential for Sunset Cultural Center, Inc. (SCC) success. Yet, SCC does not have widespread community support. Why? Not only did the City renege on its public pledge to ascertain whether there was community consensus for management of Sunset Center by a non-profit organization, but the Mayor and City Council installed SCC despite significant objections from many knowledgeable and informed community members. This inauspicious beginning in 2004 could have been overcome if the SCC Board of Trustees had decided to open their board meetings to the public for the purpose of giving community members the opportunity to understand the Board’s decision-making processes. Now, largely because community members have no idea of the rationales and reasons for the lack of director and board continuity over nearly seven years, and significant change in mission emphasis, SCC does not have, nor deserve, widespread community support.
• Recall the $21.65 million renovation of Sunset Center involved the Sunset Theatre and related Rehearsal Studio and Green Room, not the community rooms, including Carpenter Hall, Studio 105, et cetera. The scope, then, of the renovation supported the original emphasis on Sunset Center being a performing arts center, first and foremost, which was embraced by both executive directors, Jack Globenfelt and Peter Lesnik.
QUESTIONS:
• In making this significant change in mission emphasis, did the Board of Trustees perform a Feasibility Study for a Combined Performing Arts & Conference Center? If not, why not? If yes, SCC should release the Feasibility Study for public review.
SOURCES:
Sunset Center hires managing director, MARY BROWNFIELD, The Carmel Pine Cone, February 11, 2011, 14A & 24A
Veteran theater exec, producer, director to head Sunset Center, MARY BROWNFIELD, The Carmel Pine Cone, November 23, 2007
Fans, friends gather for Sunset Center leader’s sendoff, MARY BROWNFIELD, The Carmel Pine Cone, November 2, 2007, 12A & 15A
Sunset Center reports strong fourth quarter ■ Nonprofit signs on to manage theater for another three years, MARY BROWNFIELD, The Carmel Pine Cone, August 17, 2007, 16 A
No new contract for Sunset Center exec, MARY BROWNFIELD, The Carmel Pine Cone, June 1, 2007
Ticket sales, fewer jobs put Sunset in the black during third quarter, MARY BROWNFIELD, The Carmel Pine Cone, May 4, 2007, 8A
Tuesday, February 08, 2011
Carmel Public Library Foundation Arts & Literary Series Presents Author John Avlon Presentation & Book Signing
WHO: John Avlon, Senior Political Columnist, The Daily Beast & Author of “Wingnuts: How the Lunatic Fringe is Hijacking America” and “Independent Nation: How Centrists Can Change American Politics”
WHAT: Author John Avlon Presentation & Book Signing
WHEN: Tuesday, February 08, 2011 @ 7:00 P.M.
WHERE: Carpenter Hall, Sunset
W/s Mission St. @ 9th Av.
Carmel-by-the-Sea, CA.
FOR MORE INFORMATION:
Carmel Public Library Foundation: (831) 624-2811
NOTES: $10.00 suggested contribution.
Proceeds from tickets and book sales benefit Harrison Memorial Library.
ADDENDUM:
C-SPAN VIDEO
WINGNUTS: HOW THE LUNATIC FRINGE IS HIJACKING AMERICA
March 15, 2010
Duration: 00:54:00
John Avlon: "How the Lunatic Fringe Is Hijacking America"
March 11, 2010
Duration: 00:10:00
WHAT: Author John Avlon Presentation & Book Signing
WHEN: Tuesday, February 08, 2011 @ 7:00 P.M.
WHERE: Carpenter Hall, Sunset
W/s Mission St. @ 9th Av.
Carmel-by-the-Sea, CA.
FOR MORE INFORMATION:
Carmel Public Library Foundation: (831) 624-2811
NOTES: $10.00 suggested contribution.
Proceeds from tickets and book sales benefit Harrison Memorial Library.
ADDENDUM:
C-SPAN VIDEO
WINGNUTS: HOW THE LUNATIC FRINGE IS HIJACKING AMERICA
March 15, 2010
Duration: 00:54:00
John Avlon: "How the Lunatic Fringe Is Hijacking America"
March 11, 2010
Duration: 00:10:00
Monday, February 07, 2011
'Fire Guillen NOW! Carmel-by-the-Sea Deserves Leadership' Bumper Sticker
UPDATE: GET YOUR "Fire Guillen NOW! Carmel-by-the-Sea Deserves Leadership" BUMPER STICKERS - CONTACT MIKE BROWN, OWNER OF PERSPECTACLES OF CARMEL, E/S SAN CARLOS ST. & 7TH AV., 625-2299.
"Fire Guillen NOW! Carmel-by-the-Sea Deserves Leadership" Bumper Sticker
Saturday, February 05, 2011
'MINUTES' for Four Noteworthy 1 February 2011 City Council Agenda Items
“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, February 1, 2011
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.
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).
1. Receive Mayor’s Annual Report
(Video 40:10 – 53:45)
State of the City 2011
ACHIEVING COUNCIL OBJECTIVES
January 2011
This eighth Annual Report, prepared by the Mayor and the Vice Mayor, covers calendar year 2010 and thus provides perspective for upcoming work on next year’s budget.
Revenue context for this report: For the Fiscal Year (FY) ending June 30, 2010, the City of Carmel-by-the-Sea had an operating deficit of approximately $155,000, which was covered by monies in our reserves totaling at that time about $9.4 million. Of the City’s top three revenue sources, Property Tax exceeded the previous FY by almost $125,000 and was the top revenue producer, followed by Transient Occupancy Tax (TOT) which exceeded the previous year by about $45,000. In addition, the City was awarded grants of more than $184,000 and received donations of about $55,000. These latter monies, totaling almost $240,000, supplemented revenues in that projects they funded were financed with non-City funds.
For the period July through December of the current FY, as compared to the previous year, Property Tax is up over $175,000. TOT for July through October 2010 is up about $103,000 over the same period last year (receipts for November and December are not yet available). Our third highest revenue producer, Sales Tax, is to date available only for the five month period July through November 2010, and exceeds the same period in the previous year by over $30,000. With the data received to date, there is a welcome up-tick in all three major revenue categories.
Following are the six priority goals established by Council:
1. Explore Fire Department options:
Progress: This exploration has zig-zagged through a variety of options. As was reported in the last Annual Report, we had a Pacific Grove fire chief until they merged with Monterey. Under Monterey’s management, Carmel has continued training with the combined Pacific Grove and Monterey Fire departments. Toward the end of the year, it was clear that a consolidation of the seven Peninsula fire services was not viable. We are now looking at a possible tri-city model (Monterey, Pacific Grove and Carmel) as well as a variety of other options, including retaining our own independent fire department. It is hoped that this will be resolved by the end of March 2011.
2. Manage the City’s challenging financial picture:
Progress: One of the elephants in the room in the expense column is what might be the City’s pay-in and over what period to CalPERS, the state retirement program. We have established an ad hoc Citizens’ Committee to study this issue and report back, as well as answer CalPERS questions raised with each jurisdiction by the January 2011 Civil Grand Jury report.
We continue to budget conservatively, reduce expenses, seek ways to share
services with our neighboring municipalities, obtain grants, and delay projects in order to minimize draws on our reserves. We also look for ways to increase our revenue streams. As recommended in last year’s budget discussions, we will review paid parking as an option, as we have done well with the limited paid parking on the north lot of Sunset and bus parking at the Plaza. Technology that has come on line in the past 10 years offers many new parking management options. Early in the new year, the committee will report on their findings at several workshops and seek public input.
A new agreement has been reached with the Carmel Public Library Foundation, where they will be increasing their fundraising to avoid library staff reductions. At the Sacramento level, the City participated in the effort to pass Prop. 26 that would block the State from raiding fees raised by cities.
3. Concentrate on short-term marketing and economic development:
Progress: Our mantra is “heads on beds”. This translates into short-term events that draw overnight visitors or events that will entice day-trippers to return for a longer stay. New lights for the median on Ocean Avenue are being illuminated until daylight savings time, so that the town looks more inviting at night. We have been fortunate in receiving coverage at no cost to us in national media. The November issue of “Conde Nast Traveler” listed Carmel as one of the 10 places to visit in the U.S.; “Architectural Digest” in January featured a home on Scenic Road, which included photos of our beach and comments on Carmel; a TV program on “Animal Planet” included shots of Carmel; and the radio program “Dining Around with Gene Burns” Saturdays on KGO was broadcast from the Carmel Plaza. The MST free trolley ran its circular route through Carmel during the summer and Christmas holidays.
4. Monitor the storm water run-off program and address requirements for
Areas of Special Biological Significance (ASBS):
Progress: The storm water program was approved in its entirety and execution of the contract with the State is expected shortly. The project is slated to commence in March. Five storms drains were replaced.
5. Plan for the phased renovation of the Forest Theater and develop
funding options:
Progress: We are working with a project manager to phase the work planned for the Forest Theater. ADA improvements would be addressed in the first phase. Sufficient funding is not yet available so that we can bring a specific proposal forward to Council.
6. Implement programs and projects that protect and enhance Carmel
beach:
Progress: The San Antonio walkway from 4th Avenue to the Pebble Beach Carmel Gate was completed in time for the U.S. Open. The North Dunes project (including the boardwalk and new stairs to the beach for improved public access) also has been completed. Two beach rakes were examined and one underwent an extended test of its operation. A final determination on the beach rake’s effectiveness will be made by the Forest and Beach Commission which will make a recommendation to Council. The 13th Avenue seawall foundation and beach stairs were repaired, sand replenishment is ongoing, and the Del Mar project readied for bid. Permanent beach restrooms designed to replace the porta-potties at Santa Lucia and Scenic lack funds and potable water to proceed. Staff continues to work with a contractor to remove charcoal from the beach (3,500 pounds last year).
CAPITAL PROJECTS AND IMPROVEMENTS
1. A new restroom at Scenic and Santa Lucia and the storm water program are discussed above.
2. Street Projects: The Del Mar and Junipero from Ocean to 8th Street
projects were postponed until the spring of 2011 to eliminate any conflict
with the 2010 U.S. Open. Del Mar includes a new and larger underground water tank for non-potable water use, while the Junipero project will resurface and realign the median so that it starts farther north at the crosswalk to make the crossing safer for pedestrians.
OTHER PROJECTS:
1. The “Greening of Carmel”: Carmel has increased its trash recycling
rate from 69% in the previous year to 73% last year. This past year,
Carmel recycled 1,700 pounds of batteries, compared to 1,400 pounds last year. With the City’s ban on polystyrene in place, we are working with the
Waste Management District’s Litter Task Force for a similar County and Peninsula-wide ban on plastic bags. Green building guidelines and incentives are under review by the Planning Commission.
2. Emergency Preparedness: The Police and Fire departments continue to
work cooperatively to improve the functionality of the City’s Emergency
Operations Center (EOC). Emergency preparedness “Quick Guides” are in preparation for publication and distribution to the public. One tabletop exercise was held for key EOC managers. An emergency generator was installed at the Fire Department and another is in design that would service both the Police Department and the Carmel Youth Center (the latter as a possible safe haven).
The Next Generation (NGEN) Radio Project is a countywide effort to replace the old emergency communications infrastructure to ensure reliability and enable interoperability among public safety agencies. A request for proposal has been circulated to vendors for the purchase of the radios.
3. Forest and Beach: For the sixth year, the City has received a Tree City USA Award. Students from various Carmel schools and volunteers from the Church of Latter-day Saints removed approximately 18,000 square feet of non-native plants as part of a beach dunes restoration effort. A grant application is in process to fund landscaping for the south side of Ocean Avenue between Carpenter and Junipero Streets.
4. Water: The cities of the Water District began working together in mid-
2009 to meet the challenge of a new water supply. This effort intensified
dramatically a year later. Since mid-2010, there have been many meetings (sometimes two or three per week resulting in reams of paper) with the six Peninsula mayors and city managers. This culminated in the December 2010 Public Utilities Commission decision to approve the Regional Water Project (desalination in Marina). Peninsula mayors selected the Monterey and Carmel mayors to represent them on the Advisory Committee for the project, which includes CalAm, the Marina Coast Water District, the Monterey County Water Resources Agency and RMC Water. Some of these meetings are out of town and last the better part of a day, so it is clear that this is a significant commitment of resources. This Committee will oversee project funding, testing of wells, construction and placing this desal project into operation around 2014. There are still legal and technical issues that could delay this date.
In closing, these are challenging times. It is too early to tell whether the glimmer of an up-tick early in this FY year will hold. It is also too soon to tell what the impact of changes and reorganizations bruited about in Sacramento will be on local governments. By staying focused and with all of us working with mutual understanding and respect toward our agreed-on goals, we are confident that we will meet these challenges.
Sue McCloud
Mayor
Paula Hazdovac
Vice Mayor
C. Announcements from City Administrator.
1. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
(Video 54:00 – 1:32:30)
Ralph Marcello, Marcello & Company CPAs, presented an overview of the draft audited financial statements. Marcello addressed the economy, city revenues (top three revenue sources - 78% of total city revenue - declined $400,000 or 4% from previous year) and expenditures ($425,000 less than original budget), CalPERS, defined benefit pension plan and fraud prevention. Methods to reduce expenditures with reducing revenues implemented by some governments include 50%:50% cost sharing arrangement for benefits, second tier program for new employees and contract employees for new employees. The auditor’s opinion is an opinion on the reliability of the city’s financial statements, not on the performance of the city or city personnel. The opinion on the City is an “unqualified opinion,” the highest rating.
Mayor McCloud clarified that the City is in the process of studying restructuring the pension plan.
Council Member Ken Talmage expressed concerns about PERS issue; a study stated that in July 2008 retirees health care cost $2.4 million, a liability not on the balance sheet, and suggested $1 million reserve account transfer to trust account. He stated there would have been a $1.1 million deficit if the City spent capital money it should have spent, but the City deferred. He articulated the belief that the City needs $1 million - $1.25 million in more revenues to accomplish deferred capital projects and the city cannot cut expenditures.
Marcello responded that the City has unreserved money designated, not legally committed, including $2.2 million operating reserves, $2.4 million designated for capital improvements and $1 million designated for retirement benefits. He advised that a city can continue to raise TOT to the point people do not come or install parking meters and people will decide to shop elsewhere. He emphazied that he believes we are through the worst part of the recession. He stated that he did not see any “negative aspect” of using part of reserves to supplement the budget, that is why you set it aside during the good years.
City Council Member Burnett asked about the treatment of unfunded CalPERS and other liabilities. Pacific Grove’s estimated CalPERS share of $2 billion was $28 million – $35 million and assumed Carmel’s unfunded liabilities comparable. He stated that CalPERS not adequately addressed in audit.
Marcello responded that there is no reason for the City to be 100% funded. He stated that he expected CalPERS rate of return to be between 2% - 7%. He did not see more information that could be reported and disclosed in the audit.
City Council Member Talmage stated that the City paid $1.55 million to CalPERS last year, spending $1 of $8 - $9 of the City budget to CalPERS and expressed concern about magnitude and growth rate of amounts to CalPERS.
City Council Member Burnett stated he wanted better disclosure and wanted CalPERS numbers in the audit next year in order to get the complete financial picture of the City.
Marcello responded that if the true goal is a complete picture of unfunded liabilities, then there are other unfunded liabilities the City is responsible for; for example, he stated that the Public Works Director probably has a paving maintenance program for all city streets, including estimated age, estimated life remaining and estimated cost to repave streets. Is it prudent to spend money on a study or is it more prudent to spend the money on paving?
Note: The City does not have a Public Works Director.
XI. Orders of Council
A. Receive report, provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.
(Video 2:39:25 – 3:21:00)
City Attorney Don Freeman stated that he recommended the agenda item be placed back on the agenda for RFP or to ratify previous council direction.
City Council Member Ken Talmage expressed concern about whether the City should lease the Indoor Forest Theatre space due to safety issues, ADA accessibility and up-to-date issues.
Mayor McCloud stated that the safety issued has been addressed with the installation of a sprinkler system, it is ADA accessible but not to the extent it should be and therefore "there is no problem on that score."
Mayor McCloud opened the meeting to public comment.
Rebecca Barrymore, President of the Forest Theater Guild Board of Directors, read from a letter written by Herbert Heron about history of Theatre whereby the Forest Theatre is a “true community enterprise.” And the FTG is the “founding community theater group.” She expressed support for their year round Children’s Art Program, Academy of Theatre Arts Program proposal for the Indoor Forest Theatre.
Barbara Brooks, resident, expressed support for PacRep Theatre; she stated Marcia Hovick gave SoDA her “blessing” to continue to operate the Children’s Experimental Theatre (CET).
Megan Terry read a statement from Donna Greenfield regarding FTG and SLAM (Students of Life, Arts and Media) program. Terry argued for FTG’s “historic connection” of community theatre under the aegis of FTG. She stated that historic preservation is not glorifying the past after it has been destroyed.
Adam Moniz, resident, commended the city attorney and city council for bringing the item back onto the agenda to ensure proper procedures are followed.
Bob Mulford, PacRep Theatre Board President, expressed support for PacRep Theatre’s proposal. He stated that PacRep Theatre has already had two events at the Theatre and both events were “sold out.” He stated that the Board is “stable” and “we all contribute.”
Safwat Malek, FTG, expressed concern for inclusivity. FTG does not have a venue and the Inddor Forest Theatre is a good venue for them. He requested that the council look at FTG’s proposal submitted in November 2010.
Jim Bennett, PacRep Theatre’s Director of the Capital Initiative, focused on “duplication of services” and that PacRep had received the “blessing” of Marcia Hovick for SoDA to operate in the Indoor Forest Theatre space. Bennett urged consideration of PacRep’s proposal; PacRep has a reputation and track record for solid training for young people and SoDA is not a professional theatre and it is “community theater.”
Stephen Moorer, PacRep Theatre Executive Director, rebutted certain of FTG’s claims.
Mike Brown, resident and business owner, stated that he felt both groups could share the facility; FTG one half of the year and PacRep one half of the year.
Barbara Livingston, resident, asked whether or not SoDA children could audition for FTG productions.
A father with four children in PacRep past performances, stated that the PacRep instructors are exceptional, they are a tremendous asset to community and they are a community theatre.
Mayor McCloud closed the meeting to public comment.
City Council Member Paula Hazdovac stated that SoDA is a proven program in place, whereas FTG sounds like a new program and therefore she preferred PacRep.
Mayor Sue McCloud stated that she would prefer FTG have a functioning board and a solid financial base.
City Council Member Jason Burnett stated his preference to ratify direction to city administrator and negotiate a lease with PacRep because PacRep is ready to hit the ground running.
City Council Member Talmage stated that he may be a minority of one; he expressed his belief that the most equitable way to proceed is for the City to solicit proposals for fair and open purposes.
City Council Member Karen Sharp stated that she was disappointed that FTG did not appear at the meeting and that did not show “good faith" and money was owed and therefore she favored PacRep.
Assistant City Administrator/City Clerk Heidi Burch stated soliciting proposals would take about two months.
Council Member HAZDOVAC moved to ratify the direction provided by the city administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theatre, seconded by Council Member SHARP and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; & McCLOUD
NOES: COUNCIL MEMBERS: TALMAGE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
D. Approve amendments to City’s revised Harassment Prevention Policy.
Mayor McCloud announced agenda item “pulled to a later date.”
Note: MCW reported, as follows:
“One potential flaw in the new proposal the council might discuss: The city's personnel officer is charged with receiving harassment complaints, but the city has no personnel officer; it has not hired a replacement for Miller since she left her job in 2009.”
Source: News Blog
Carmel Discuss Harassment-Prevention Policies
By Robin.Urevich
January 28, 2011
ADDENDUM:
V. Announcements from Closed Session, from City Council Members and the City Administrator.
C. Announcements from City Administrator.
3. Receive SCC Inc.’s FY 2010-2011 2nd Quarter Financial Report.
Chairman Jim Price stated that SCC’s newly selected managing director, “who will be confirmed within the next couple of weeks,” will be introduced at the March City Council meeting.
Note: Adam Moniz asked what the public aspect of the managing director selection process was, where the job posting was posted, number of resumes received, geographical diversity of applicants and number of people interviewed during Appearances. Post-Appearances, no answers were forthcoming.
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, February 1, 2011
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.
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).
1. Receive Mayor’s Annual Report
(Video 40:10 – 53:45)
State of the City 2011
ACHIEVING COUNCIL OBJECTIVES
January 2011
This eighth Annual Report, prepared by the Mayor and the Vice Mayor, covers calendar year 2010 and thus provides perspective for upcoming work on next year’s budget.
Revenue context for this report: For the Fiscal Year (FY) ending June 30, 2010, the City of Carmel-by-the-Sea had an operating deficit of approximately $155,000, which was covered by monies in our reserves totaling at that time about $9.4 million. Of the City’s top three revenue sources, Property Tax exceeded the previous FY by almost $125,000 and was the top revenue producer, followed by Transient Occupancy Tax (TOT) which exceeded the previous year by about $45,000. In addition, the City was awarded grants of more than $184,000 and received donations of about $55,000. These latter monies, totaling almost $240,000, supplemented revenues in that projects they funded were financed with non-City funds.
For the period July through December of the current FY, as compared to the previous year, Property Tax is up over $175,000. TOT for July through October 2010 is up about $103,000 over the same period last year (receipts for November and December are not yet available). Our third highest revenue producer, Sales Tax, is to date available only for the five month period July through November 2010, and exceeds the same period in the previous year by over $30,000. With the data received to date, there is a welcome up-tick in all three major revenue categories.
Following are the six priority goals established by Council:
1. Explore Fire Department options:
Progress: This exploration has zig-zagged through a variety of options. As was reported in the last Annual Report, we had a Pacific Grove fire chief until they merged with Monterey. Under Monterey’s management, Carmel has continued training with the combined Pacific Grove and Monterey Fire departments. Toward the end of the year, it was clear that a consolidation of the seven Peninsula fire services was not viable. We are now looking at a possible tri-city model (Monterey, Pacific Grove and Carmel) as well as a variety of other options, including retaining our own independent fire department. It is hoped that this will be resolved by the end of March 2011.
2. Manage the City’s challenging financial picture:
Progress: One of the elephants in the room in the expense column is what might be the City’s pay-in and over what period to CalPERS, the state retirement program. We have established an ad hoc Citizens’ Committee to study this issue and report back, as well as answer CalPERS questions raised with each jurisdiction by the January 2011 Civil Grand Jury report.
We continue to budget conservatively, reduce expenses, seek ways to share
services with our neighboring municipalities, obtain grants, and delay projects in order to minimize draws on our reserves. We also look for ways to increase our revenue streams. As recommended in last year’s budget discussions, we will review paid parking as an option, as we have done well with the limited paid parking on the north lot of Sunset and bus parking at the Plaza. Technology that has come on line in the past 10 years offers many new parking management options. Early in the new year, the committee will report on their findings at several workshops and seek public input.
A new agreement has been reached with the Carmel Public Library Foundation, where they will be increasing their fundraising to avoid library staff reductions. At the Sacramento level, the City participated in the effort to pass Prop. 26 that would block the State from raiding fees raised by cities.
3. Concentrate on short-term marketing and economic development:
Progress: Our mantra is “heads on beds”. This translates into short-term events that draw overnight visitors or events that will entice day-trippers to return for a longer stay. New lights for the median on Ocean Avenue are being illuminated until daylight savings time, so that the town looks more inviting at night. We have been fortunate in receiving coverage at no cost to us in national media. The November issue of “Conde Nast Traveler” listed Carmel as one of the 10 places to visit in the U.S.; “Architectural Digest” in January featured a home on Scenic Road, which included photos of our beach and comments on Carmel; a TV program on “Animal Planet” included shots of Carmel; and the radio program “Dining Around with Gene Burns” Saturdays on KGO was broadcast from the Carmel Plaza. The MST free trolley ran its circular route through Carmel during the summer and Christmas holidays.
4. Monitor the storm water run-off program and address requirements for
Areas of Special Biological Significance (ASBS):
Progress: The storm water program was approved in its entirety and execution of the contract with the State is expected shortly. The project is slated to commence in March. Five storms drains were replaced.
5. Plan for the phased renovation of the Forest Theater and develop
funding options:
Progress: We are working with a project manager to phase the work planned for the Forest Theater. ADA improvements would be addressed in the first phase. Sufficient funding is not yet available so that we can bring a specific proposal forward to Council.
6. Implement programs and projects that protect and enhance Carmel
beach:
Progress: The San Antonio walkway from 4th Avenue to the Pebble Beach Carmel Gate was completed in time for the U.S. Open. The North Dunes project (including the boardwalk and new stairs to the beach for improved public access) also has been completed. Two beach rakes were examined and one underwent an extended test of its operation. A final determination on the beach rake’s effectiveness will be made by the Forest and Beach Commission which will make a recommendation to Council. The 13th Avenue seawall foundation and beach stairs were repaired, sand replenishment is ongoing, and the Del Mar project readied for bid. Permanent beach restrooms designed to replace the porta-potties at Santa Lucia and Scenic lack funds and potable water to proceed. Staff continues to work with a contractor to remove charcoal from the beach (3,500 pounds last year).
CAPITAL PROJECTS AND IMPROVEMENTS
1. A new restroom at Scenic and Santa Lucia and the storm water program are discussed above.
2. Street Projects: The Del Mar and Junipero from Ocean to 8th Street
projects were postponed until the spring of 2011 to eliminate any conflict
with the 2010 U.S. Open. Del Mar includes a new and larger underground water tank for non-potable water use, while the Junipero project will resurface and realign the median so that it starts farther north at the crosswalk to make the crossing safer for pedestrians.
OTHER PROJECTS:
1. The “Greening of Carmel”: Carmel has increased its trash recycling
rate from 69% in the previous year to 73% last year. This past year,
Carmel recycled 1,700 pounds of batteries, compared to 1,400 pounds last year. With the City’s ban on polystyrene in place, we are working with the
Waste Management District’s Litter Task Force for a similar County and Peninsula-wide ban on plastic bags. Green building guidelines and incentives are under review by the Planning Commission.
2. Emergency Preparedness: The Police and Fire departments continue to
work cooperatively to improve the functionality of the City’s Emergency
Operations Center (EOC). Emergency preparedness “Quick Guides” are in preparation for publication and distribution to the public. One tabletop exercise was held for key EOC managers. An emergency generator was installed at the Fire Department and another is in design that would service both the Police Department and the Carmel Youth Center (the latter as a possible safe haven).
The Next Generation (NGEN) Radio Project is a countywide effort to replace the old emergency communications infrastructure to ensure reliability and enable interoperability among public safety agencies. A request for proposal has been circulated to vendors for the purchase of the radios.
3. Forest and Beach: For the sixth year, the City has received a Tree City USA Award. Students from various Carmel schools and volunteers from the Church of Latter-day Saints removed approximately 18,000 square feet of non-native plants as part of a beach dunes restoration effort. A grant application is in process to fund landscaping for the south side of Ocean Avenue between Carpenter and Junipero Streets.
4. Water: The cities of the Water District began working together in mid-
2009 to meet the challenge of a new water supply. This effort intensified
dramatically a year later. Since mid-2010, there have been many meetings (sometimes two or three per week resulting in reams of paper) with the six Peninsula mayors and city managers. This culminated in the December 2010 Public Utilities Commission decision to approve the Regional Water Project (desalination in Marina). Peninsula mayors selected the Monterey and Carmel mayors to represent them on the Advisory Committee for the project, which includes CalAm, the Marina Coast Water District, the Monterey County Water Resources Agency and RMC Water. Some of these meetings are out of town and last the better part of a day, so it is clear that this is a significant commitment of resources. This Committee will oversee project funding, testing of wells, construction and placing this desal project into operation around 2014. There are still legal and technical issues that could delay this date.
In closing, these are challenging times. It is too early to tell whether the glimmer of an up-tick early in this FY year will hold. It is also too soon to tell what the impact of changes and reorganizations bruited about in Sacramento will be on local governments. By staying focused and with all of us working with mutual understanding and respect toward our agreed-on goals, we are confident that we will meet these challenges.
Sue McCloud
Mayor
Paula Hazdovac
Vice Mayor
C. Announcements from City Administrator.
1. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
(Video 54:00 – 1:32:30)
Ralph Marcello, Marcello & Company CPAs, presented an overview of the draft audited financial statements. Marcello addressed the economy, city revenues (top three revenue sources - 78% of total city revenue - declined $400,000 or 4% from previous year) and expenditures ($425,000 less than original budget), CalPERS, defined benefit pension plan and fraud prevention. Methods to reduce expenditures with reducing revenues implemented by some governments include 50%:50% cost sharing arrangement for benefits, second tier program for new employees and contract employees for new employees. The auditor’s opinion is an opinion on the reliability of the city’s financial statements, not on the performance of the city or city personnel. The opinion on the City is an “unqualified opinion,” the highest rating.
Mayor McCloud clarified that the City is in the process of studying restructuring the pension plan.
Council Member Ken Talmage expressed concerns about PERS issue; a study stated that in July 2008 retirees health care cost $2.4 million, a liability not on the balance sheet, and suggested $1 million reserve account transfer to trust account. He stated there would have been a $1.1 million deficit if the City spent capital money it should have spent, but the City deferred. He articulated the belief that the City needs $1 million - $1.25 million in more revenues to accomplish deferred capital projects and the city cannot cut expenditures.
Marcello responded that the City has unreserved money designated, not legally committed, including $2.2 million operating reserves, $2.4 million designated for capital improvements and $1 million designated for retirement benefits. He advised that a city can continue to raise TOT to the point people do not come or install parking meters and people will decide to shop elsewhere. He emphazied that he believes we are through the worst part of the recession. He stated that he did not see any “negative aspect” of using part of reserves to supplement the budget, that is why you set it aside during the good years.
City Council Member Burnett asked about the treatment of unfunded CalPERS and other liabilities. Pacific Grove’s estimated CalPERS share of $2 billion was $28 million – $35 million and assumed Carmel’s unfunded liabilities comparable. He stated that CalPERS not adequately addressed in audit.
Marcello responded that there is no reason for the City to be 100% funded. He stated that he expected CalPERS rate of return to be between 2% - 7%. He did not see more information that could be reported and disclosed in the audit.
City Council Member Talmage stated that the City paid $1.55 million to CalPERS last year, spending $1 of $8 - $9 of the City budget to CalPERS and expressed concern about magnitude and growth rate of amounts to CalPERS.
City Council Member Burnett stated he wanted better disclosure and wanted CalPERS numbers in the audit next year in order to get the complete financial picture of the City.
Marcello responded that if the true goal is a complete picture of unfunded liabilities, then there are other unfunded liabilities the City is responsible for; for example, he stated that the Public Works Director probably has a paving maintenance program for all city streets, including estimated age, estimated life remaining and estimated cost to repave streets. Is it prudent to spend money on a study or is it more prudent to spend the money on paving?
Note: The City does not have a Public Works Director.
XI. Orders of Council
A. Receive report, provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.
(Video 2:39:25 – 3:21:00)
City Attorney Don Freeman stated that he recommended the agenda item be placed back on the agenda for RFP or to ratify previous council direction.
City Council Member Ken Talmage expressed concern about whether the City should lease the Indoor Forest Theatre space due to safety issues, ADA accessibility and up-to-date issues.
Mayor McCloud stated that the safety issued has been addressed with the installation of a sprinkler system, it is ADA accessible but not to the extent it should be and therefore "there is no problem on that score."
Mayor McCloud opened the meeting to public comment.
Rebecca Barrymore, President of the Forest Theater Guild Board of Directors, read from a letter written by Herbert Heron about history of Theatre whereby the Forest Theatre is a “true community enterprise.” And the FTG is the “founding community theater group.” She expressed support for their year round Children’s Art Program, Academy of Theatre Arts Program proposal for the Indoor Forest Theatre.
Barbara Brooks, resident, expressed support for PacRep Theatre; she stated Marcia Hovick gave SoDA her “blessing” to continue to operate the Children’s Experimental Theatre (CET).
Megan Terry read a statement from Donna Greenfield regarding FTG and SLAM (Students of Life, Arts and Media) program. Terry argued for FTG’s “historic connection” of community theatre under the aegis of FTG. She stated that historic preservation is not glorifying the past after it has been destroyed.
Adam Moniz, resident, commended the city attorney and city council for bringing the item back onto the agenda to ensure proper procedures are followed.
Bob Mulford, PacRep Theatre Board President, expressed support for PacRep Theatre’s proposal. He stated that PacRep Theatre has already had two events at the Theatre and both events were “sold out.” He stated that the Board is “stable” and “we all contribute.”
Safwat Malek, FTG, expressed concern for inclusivity. FTG does not have a venue and the Inddor Forest Theatre is a good venue for them. He requested that the council look at FTG’s proposal submitted in November 2010.
Jim Bennett, PacRep Theatre’s Director of the Capital Initiative, focused on “duplication of services” and that PacRep had received the “blessing” of Marcia Hovick for SoDA to operate in the Indoor Forest Theatre space. Bennett urged consideration of PacRep’s proposal; PacRep has a reputation and track record for solid training for young people and SoDA is not a professional theatre and it is “community theater.”
Stephen Moorer, PacRep Theatre Executive Director, rebutted certain of FTG’s claims.
Mike Brown, resident and business owner, stated that he felt both groups could share the facility; FTG one half of the year and PacRep one half of the year.
Barbara Livingston, resident, asked whether or not SoDA children could audition for FTG productions.
A father with four children in PacRep past performances, stated that the PacRep instructors are exceptional, they are a tremendous asset to community and they are a community theatre.
Mayor McCloud closed the meeting to public comment.
City Council Member Paula Hazdovac stated that SoDA is a proven program in place, whereas FTG sounds like a new program and therefore she preferred PacRep.
Mayor Sue McCloud stated that she would prefer FTG have a functioning board and a solid financial base.
City Council Member Jason Burnett stated his preference to ratify direction to city administrator and negotiate a lease with PacRep because PacRep is ready to hit the ground running.
City Council Member Talmage stated that he may be a minority of one; he expressed his belief that the most equitable way to proceed is for the City to solicit proposals for fair and open purposes.
City Council Member Karen Sharp stated that she was disappointed that FTG did not appear at the meeting and that did not show “good faith" and money was owed and therefore she favored PacRep.
Assistant City Administrator/City Clerk Heidi Burch stated soliciting proposals would take about two months.
Council Member HAZDOVAC moved to ratify the direction provided by the city administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theatre, seconded by Council Member SHARP and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; & McCLOUD
NOES: COUNCIL MEMBERS: TALMAGE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
D. Approve amendments to City’s revised Harassment Prevention Policy.
Mayor McCloud announced agenda item “pulled to a later date.”
Note: MCW reported, as follows:
“One potential flaw in the new proposal the council might discuss: The city's personnel officer is charged with receiving harassment complaints, but the city has no personnel officer; it has not hired a replacement for Miller since she left her job in 2009.”
Source: News Blog
Carmel Discuss Harassment-Prevention Policies
By Robin.Urevich
January 28, 2011
ADDENDUM:
V. Announcements from Closed Session, from City Council Members and the City Administrator.
C. Announcements from City Administrator.
3. Receive SCC Inc.’s FY 2010-2011 2nd Quarter Financial Report.
Chairman Jim Price stated that SCC’s newly selected managing director, “who will be confirmed within the next couple of weeks,” will be introduced at the March City Council meeting.
Note: Adam Moniz asked what the public aspect of the managing director selection process was, where the job posting was posted, number of resumes received, geographical diversity of applicants and number of people interviewed during Appearances. Post-Appearances, no answers were forthcoming.
Friday, February 04, 2011
Editorial: Carmel's extreme confidentiality: ‘As it stands, the council majority is being portrayed – fairly or unfairly – as intent on protecting a wrongdoer.’
HIGHLIGHTS of THE HERALD’S VIEW: Carmel’s extreme confidentiality:
• “Clearly, some members of the Carmel City Council don't want to talk about the future of City Administrator Rich Guillen, but that doesn't mean they can keep the public in the dark forever in hopes the matter just goes away.”
• “A vote on Guillen's fate was taken in executive session Sept. 21, but the result still hasn't been made public in seeming violation of the Brown Act.”
• “The Guillen matter has already dragged on too long, but it won’t truly be over until the council gives a reasonable accounting of what has transpired behind closed doors and provides a clear explanation of what happens next.”
• “As it stands, the council majority is being portrayed – fairly or unfairly – as intent on protecting a wrongdoer. It is hard to imagine that some overdue transparency would create any more troubles than those that have been created by so much secrecy.”
Sources: THE HERALD’S VIEW, Carmel’s extreme confidentiality, February 4, 2011, The Monterey County Herald, web and print editions
• “Clearly, some members of the Carmel City Council don't want to talk about the future of City Administrator Rich Guillen, but that doesn't mean they can keep the public in the dark forever in hopes the matter just goes away.”
• “A vote on Guillen's fate was taken in executive session Sept. 21, but the result still hasn't been made public in seeming violation of the Brown Act.”
• “The Guillen matter has already dragged on too long, but it won’t truly be over until the council gives a reasonable accounting of what has transpired behind closed doors and provides a clear explanation of what happens next.”
• “As it stands, the council majority is being portrayed – fairly or unfairly – as intent on protecting a wrongdoer. It is hard to imagine that some overdue transparency would create any more troubles than those that have been created by so much secrecy.”
Sources: THE HERALD’S VIEW, Carmel’s extreme confidentiality, February 4, 2011, The Monterey County Herald, web and print editions
Thursday, February 03, 2011
MAYOR McCLOUD FLIP-FLOP: Within 24 hours of City Council Meeting McCloud announced 'she wants to hold the closed-door session to further evaluate the city administrator before March 1 — the next regularly scheduled council meeting'
The Monterey County Herald
Council sets closed meeting Session to discuss city administrator vote
Mayor seeks closure of Guillen issue
By LARRY PARSONS
Herald Staff Writer
Posted: 02/03/2011 01:30:45 AM PST
Updated: 02/03/2011 01:30:45 AM PST
HIGHLIGHTS:
• "A day after another council meeting marked by sparring over Guillen, Mayor Sue McCloud said Wednesday that she wants to hold the closed-door session to further evaluate the city administrator before March 1 — the next regularly scheduled council meeting."
• "Burnett's motion Tuesday to hold a closed-door session this week was defeated on a 3-2 vote, with McCloud and Councilwoman Karen Sharp and Paula Hazdovac in the majority."
• Some city residents have called for Guillen's dismissal. And Burnett calls the matter "the most important issue facing our community."
KSBW.com
ACTION NEWS 8
Carmel Sexual Harrassment Saga Continues
POSTED: 11:25 pm PST February 1, 2011
UPDATED: 8:27 am PST February 2, 2011
Stephanie Chuang, Reporter
Duration: 3:44
HIGHLIGHTS:
• “Raw emotion erupted” at the Tuesday, February 1 City Council Meeting after the 3-2 vote (majority vote by Mayor Sue McCloud, Council Members Paula Hazdovac and Karen Sharp) to not hold a closed session on the employment of City Administrator Rich Guillen.
• City Administrator Rich Guillen was absent at the City Council meeting; he called in “sick”. (Note: Assistant City Administrator/City Clerk Heidi Burch replaced Guillen on the dais.)
• “Immediate calls for a recall” of the three council members who voted not to hold a closed session on Guillen, namely Mayor Sue McCloud, Council Members Paula Hazdovac and Karen Sharp.
• Council Member Burnett stated the City has a “legal obligation and an ethical obligation” to make public the results of a 21 September 2010 closed session vote on the employment of City Administrator Rich Guillen.
• Michael LePage and Joyce Stevens made statements to reporter Stephanie Chuang.
Council sets closed meeting Session to discuss city administrator vote
Mayor seeks closure of Guillen issue
By LARRY PARSONS
Herald Staff Writer
Posted: 02/03/2011 01:30:45 AM PST
Updated: 02/03/2011 01:30:45 AM PST
HIGHLIGHTS:
• "A day after another council meeting marked by sparring over Guillen, Mayor Sue McCloud said Wednesday that she wants to hold the closed-door session to further evaluate the city administrator before March 1 — the next regularly scheduled council meeting."
• "Burnett's motion Tuesday to hold a closed-door session this week was defeated on a 3-2 vote, with McCloud and Councilwoman Karen Sharp and Paula Hazdovac in the majority."
• Some city residents have called for Guillen's dismissal. And Burnett calls the matter "the most important issue facing our community."
KSBW.com
ACTION NEWS 8
Carmel Sexual Harrassment Saga Continues
POSTED: 11:25 pm PST February 1, 2011
UPDATED: 8:27 am PST February 2, 2011
Stephanie Chuang, Reporter
Duration: 3:44
HIGHLIGHTS:
• “Raw emotion erupted” at the Tuesday, February 1 City Council Meeting after the 3-2 vote (majority vote by Mayor Sue McCloud, Council Members Paula Hazdovac and Karen Sharp) to not hold a closed session on the employment of City Administrator Rich Guillen.
• City Administrator Rich Guillen was absent at the City Council meeting; he called in “sick”. (Note: Assistant City Administrator/City Clerk Heidi Burch replaced Guillen on the dais.)
• “Immediate calls for a recall” of the three council members who voted not to hold a closed session on Guillen, namely Mayor Sue McCloud, Council Members Paula Hazdovac and Karen Sharp.
• Council Member Burnett stated the City has a “legal obligation and an ethical obligation” to make public the results of a 21 September 2010 closed session vote on the employment of City Administrator Rich Guillen.
• Michael LePage and Joyce Stevens made statements to reporter Stephanie Chuang.
Carmel Art Association Presents GALLERY SHOWCASE FEATURING REITH & WASSERMAN
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 GALLERY SHOWCASE FEATURING REITH & WASSERMAN
Thursday, February 3– Tuesday, March 1, 2011
Gallery SHOWCASE (Segal Room):
Painter Susan Reith exhibits impressionistic still life oils of florals and fruit. View one still life painting image.
Gerald Wasserman exhibits abstract themes in oil. View abstract painting images, including “La Madonna Romana,” “La Madonna del Latte,” “Ladies in the Night,” “Mother and Child with Vase” and “Queen and Retinue.” View Wasserman’s New Work: 90th Birthday Exhibition (November 4 - 30, 2010) images including Eurydice's Address, Persephone's Plan, The Golden Crown, Athene, Zeus, Helene, "321,” Appolo, Kouros, Pericles Power, Ariadne’s Arc and Euripides Euros.
Opening Reception - Saturday, February 5, 6:00 P.M. to 8:00 P.M.
ADDENDUM:
Carmel Art Association on facebook
Susan Reith
“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 GALLERY SHOWCASE FEATURING REITH & WASSERMAN
Thursday, February 3– Tuesday, March 1, 2011
Gallery SHOWCASE (Segal Room):
Painter Susan Reith exhibits impressionistic still life oils of florals and fruit. View one still life painting image.
Gerald Wasserman exhibits abstract themes in oil. View abstract painting images, including “La Madonna Romana,” “La Madonna del Latte,” “Ladies in the Night,” “Mother and Child with Vase” and “Queen and Retinue.” View Wasserman’s New Work: 90th Birthday Exhibition (November 4 - 30, 2010) images including Eurydice's Address, Persephone's Plan, The Golden Crown, Athene, Zeus, Helene, "321,” Appolo, Kouros, Pericles Power, Ariadne’s Arc and Euripides Euros.
Opening Reception - Saturday, February 5, 6:00 P.M. to 8:00 P.M.
ADDENDUM:
Carmel Art Association on facebook
Susan Reith
Wednesday, February 02, 2011
KION CENTRAL COAST NEWS: City Attorney Don Freeman Denied Public Release of September Closed Session Council Vote on City Administrator Richard Guillen
ABSTRACT: At yesterday’s City Council meeting, KION reported that we, the people, have been “denied the right” to information about the “outcome of a vote taken in September (2010) about city administrator Richard Guillen.” Even though City Council Member Jason Burnett stated that “withholding the information is a violation of the Brown Act,” City Attorney Don Freeman countered that since the “council still hasn't taken final action in Guillen's case,” the city did not have to release the information. Interestingly, City Council Member Jason Burnett initially wrote on his COMMUNITY CONVERSATION website that “Our City Attorney has agreed that the vote needs to be made public and is planning to do so at today's City Council meeting.” Links to the KION news articles and pop-up videos are provided.
No Final Action Taken On Carmel City Administrator
Duration: 2:11
CENTRAL COAST NEWS KION
SUSANNE BRUNNER
No Final Action Taken On Carmel City Administrator
Posted: Feb 01, 2011 10:31 PM PST Updated: Feb 01, 2011 11:37 PM PST
Carmel City Council Holds Information, Again
Duration: 01:05
CENTRAL COAST NEWS KION
SUSANNE BRUNNER, LIVE LINE
Carmel City Council Holds Information, Again
Posted: Feb 01, 2011 6:32 PM PST Updated: Feb 01, 2011 6:32 PM PST
ADDENDUM:
LEAGUE OF CALIFORNIA CITIES
Open & Public IV:
A Guide to the Ralph M. Brown Act
—2nd edition, revised july 2010—
Chapter 5:
Closed Sessions
Agendas and reports (pg. 34)
Following a closed session the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report varies according to the reason for the closed session.5 The announcements may be made at the site of the closed session, so long as the public is allowed to be present to hear them.
No Final Action Taken On Carmel City Administrator
Duration: 2:11
CENTRAL COAST NEWS KION
SUSANNE BRUNNER
No Final Action Taken On Carmel City Administrator
Posted: Feb 01, 2011 10:31 PM PST Updated: Feb 01, 2011 11:37 PM PST
Carmel City Council Holds Information, Again
Duration: 01:05
CENTRAL COAST NEWS KION
SUSANNE BRUNNER, LIVE LINE
Carmel City Council Holds Information, Again
Posted: Feb 01, 2011 6:32 PM PST Updated: Feb 01, 2011 6:32 PM PST
ADDENDUM:
LEAGUE OF CALIFORNIA CITIES
Open & Public IV:
A Guide to the Ralph M. Brown Act
—2nd edition, revised july 2010—
Chapter 5:
Closed Sessions
Agendas and reports (pg. 34)
Following a closed session the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report varies according to the reason for the closed session.5 The announcements may be made at the site of the closed session, so long as the public is allowed to be present to hear them.
Tuesday, February 01, 2011
Four Noteworthy 1 February 2011 City Council Agenda Items
ABSTRACT: Four Noteworthy 1 February 2011 City Council Agenda Items, namely Receive Mayor’s Annual Report, Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs, Receive report, provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater and Approve amendments to City’s revised Harassment Prevention Policy are presented. Excerpts from Agenda Item Summary and Staff Report are provided; the HARASSMENT PREVENTION POLICY DRAFT NO. 3 is uploaded.
AMENDED AGENDA PACKET
Regular Meeting
Tuesday, February 1, 2011
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.
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).
1. Receive Mayor’s Annual Report
C. Announcements from City Administrator.
1. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
XI. Orders of Council
A. Receive report, provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.
Description: At its November 2, 2010 meeting, the Council received a staff report and public testimony on the management and operation of the Children’s Experimental Theater (CET). For the past several years the CET has used the indoor theater at the Forest Theater as its performance venue.
Included in the November 2nd agenda packet was a letter and proposal from Pacific Repertory Theater (PacRep) to lease the indoor theater and continue the tradition of the CET through its School of Dramatic Arts (SoDA) Program. PacRep representatives attended this meeting to provide input and answer questions from the Council on its proposal.
Contained in the November 2nd staff report (see attached) was a brief discussion on circulating an RFP for the lease of the indoor theater and also a proposed alternate course of action, to direct staff to negotiate a lease with PacRep. Subsequently, on November 15, 2010, the Forest Theater Guild submitted a proposal to lease and operate the indoor theater. A copy of this proposal is attached. Since this information was unavailable to the Council at its November 2nd meeting, staff requests that the Council review this proposal and provide direction as stated under the recommendation above.
Staff Recommendation: Staff requests that the Council review this proposal and provide direction on whether to circulate a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or to ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.
Decision Record: At its November 2, 2010 meeting, Council directed the City Administrator to negotiate a lease with Pacific Repertory Theater for use of the indoor theater.
D. Approve amendments to City’s revised Harassment Prevention Policy.
HARASSMENT PREVENTION POLICY DRAFT NO. 3 2011
HARASSMENT PREVENTION POLICY
DRAFT NO. 3
AMENDED AGENDA PACKET
Regular Meeting
Tuesday, February 1, 2011
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.
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).
1. Receive Mayor’s Annual Report
C. Announcements from City Administrator.
1. Present FY 2009-10 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.
XI. Orders of Council
A. Receive report, provide policy direction on circulating a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.
Description: At its November 2, 2010 meeting, the Council received a staff report and public testimony on the management and operation of the Children’s Experimental Theater (CET). For the past several years the CET has used the indoor theater at the Forest Theater as its performance venue.
Included in the November 2nd agenda packet was a letter and proposal from Pacific Repertory Theater (PacRep) to lease the indoor theater and continue the tradition of the CET through its School of Dramatic Arts (SoDA) Program. PacRep representatives attended this meeting to provide input and answer questions from the Council on its proposal.
Contained in the November 2nd staff report (see attached) was a brief discussion on circulating an RFP for the lease of the indoor theater and also a proposed alternate course of action, to direct staff to negotiate a lease with PacRep. Subsequently, on November 15, 2010, the Forest Theater Guild submitted a proposal to lease and operate the indoor theater. A copy of this proposal is attached. Since this information was unavailable to the Council at its November 2nd meeting, staff requests that the Council review this proposal and provide direction as stated under the recommendation above.
Staff Recommendation: Staff requests that the Council review this proposal and provide direction on whether to circulate a Request for Proposal (RFP) for the management and operation of the Children’s Experimental Theater, or to ratify the direction provided to the City Administrator at the November 2, 2010 City Council meeting to negotiate a lease with Pacific Repertory Theater.
Decision Record: At its November 2, 2010 meeting, Council directed the City Administrator to negotiate a lease with Pacific Repertory Theater for use of the indoor theater.
D. Approve amendments to City’s revised Harassment Prevention Policy.
HARASSMENT PREVENTION POLICY DRAFT NO. 3 2011
HARASSMENT PREVENTION POLICY
DRAFT NO. 3
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