Thursday, March 31, 2011

APPELLANTS' OPENING BRIEF: Court of Appeal No. H035818

ABSTRACT: APPELLANTS' OPENING BRIEF, THE FLANDERS FOUNDATION, Plaintiff and Respondent vs. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Defendants and Appellants, Court of Appeal No. H035818, is uploaded and a synopsis is presented. The respondent’s brief and appellant’s reply brief will follow and be presented when available.


Appellants Opening Brief H035818
APPELLANTS’ OPENING BRIEF
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
Court of Appeal No. H035818


SYNOPSIS:
APPELLANTS’ OPENING BRIEF

THE FLANDERS FOUNDATION, Plaintiff and Respondent

vs.

CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Defendants and Appellants

Court of Appeal No. H035818
Monterey County Superior Court No. M99437

Appellants’ Legal Argument includes Points I, II and III, as follows:
Point I: The 2009 EIR’s Analysis of Surplus Land Act is Sufficient
Point II: The City’s Response to Comments Is Adequate
Point III: The Judgment Must Be Amended To Be In Conformity with the Statement of Intended Decision.

The CONCLUSION states as follows: “The City Appellant’s actions were correct and in full compliance with the law. The Appellants therefore respectfully request that the appeal be granted, the judgment of the trial court and the writ of mandate overturned, and the City’s certification of the 2009 EIR and all of its approvals and actions relating to the proposed sale of the Flanders Mansion reinstated."

Dated January 12, 2011

KENNEDY, ARCHER & HARRAY

By: Jon R. Giffen

Attorneys for Appellants
CITY OF CARMEL-BY-THE-SEA

HON. KAY T. KINGSLEY, Judge of the Superior Court: INTENDED DECISION Case No. M99437

ABSTRACT: Hon. Kay T. Kingsley, Judge of the Superior Court, Intended Decision, THE FLANDERS FOUNDATION, Petitioner, vs. CITY OF CARMEL-BY-THE-SEA and CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, Respondents, Case No. M99437, is uploaded and a synopsis is presented.


Flanders Superior Court Intended Decision M99437
HON. KAY T. KINGSLEY
Judge of the Superior Court
Intended Decision
Case No. M99437


SYNOPSIS:
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY

THE FLANDERS FOUNDATION,
Petitioner,

CITY OF CARMEL-BY-THE-SEA and
CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA,
Respondents.

Intended Decision

Case No. M99437

The Court finds that the City did not comply with CEQA as a matter of law because the City failed to analyze the potential environmental impacts of selling or leasing the Mansion in compliance with the Surplus Lands Act, and in responding to comments. In all other respects, the Court finds that the City complied with CEQA.

Disposition
Flanders’ writ of mandate is granted as set forth above. The court directs the attorney for Flanders to prepare an appropriate judgment consistent with this ruling,

HON. KAY T. KINGSLEY
Judge of the Superior Court

Tuesday, March 29, 2011

SPECIAL CITY COUNCIL MEETING to Consider Interim City Administrator & Search Firm Proposals for the Recruitment of a City Administrator

UPDATE: After closed session, Mayor Sue McCloud announced that of the nineteen applicants for Interim City Administrator, the City Council will proceed with interviews - “start with a handful of people and work our way through those we have selected.” Interviews with applicants will be conducted in closed sessions. Of the seven search firms, by consensus the City Council decided to proceed and interview four representatives from the chosen four search firms.

Four search firms were selected for interviews, and ranked according to "council's scoring system" (1 highest score to 4 lowest score), as follows:

1. Ralph Anderson & Associates, Corporate Office: Rocklin, CA.
2. Bob Murray & Associates, Headquarters: Roseville, CA.
3. Peckham & McKenney, Sacramento, CA.
4. Avery & Associates, Los Gatos, CA.

Related Article:
Council narrows choices for interim city manager, search firm
■ Guillen has retired
By MARY BROWNFIELD
The Carmel Pine Cone April 1, 2011
, pgs. 7A & 26A

Archived video streaming
Duration: 29:57

ABSTRACT: Today, the City Council is scheduled to meet at a Special City Council Meeting in closed session to consider Public Employment - Gov’t. Code Section 54957. Title: Interim City Administrator and in open session to Review proposals for a search firm for the recruitment of a permanent City Administrator and set a time/place for interviews or appoint a search firm. The NOTICE OF SPECIAL CITY COUNCIL MEETING Agenda is reproduced.

NOTICE OF SPECIAL CITY COUNCIL MEETING

Tuesday, March 29, 2011—5:00 pm
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

Live video streaming available at:

www.ci.carmel.ca.us

Broadcast date
Sunday, April 3, 2011
8:00 a.m., MCAET Channel 26

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Adjourn to Closed Session


A. Public Employment - Gov’t. Code Section 54957.

Title: Interim City Administrator.

IV. Reconvene in Open Session - Announcements, if any.

VI. Orders of Council


A. Review proposals for a search firm for the recruitment of a permanent City Administrator and set a time/place for interviews or appoint a search firm.

VII. Adjournment

Sunday, March 27, 2011

COMMENTARY: Mayor McCloud/City Councils Fiscal Record vs. Advocates of ‘Revenue Enhancements’ Position

Our city government, as a crucial component of long-term financial planning, should have a portion of general operating revenues in general fund reserve funds. It is important our elected officials understand that reserve funds are intended to assist local governments accomplish two fiscal goals: achieve tax stability and contribute to the provision of services.

RATIONALES FOR A FUND BALANCE

An important reason for maintaining a fund balance is as a means of financing large capital expenditures, such as the renovation of Forest Theatre, Scout House, Flanders Mansion and Public Works building, repair and maintenance of streets/roads/avenues, implementation of Master Plans (Mission Trail Nature Preserve Master Plan, Shoreline Management Plan, Del Mar and North Dunes Master Plan, Forest Hill Park Master Plan). Reserve funds can also serve as contingency funds which enable the City to respond to unanticipated events or emergencies. The aforementioned reasons are sound, legitimate reasons for a city to maintain an adequate fund balance. However, it is possible for a city to accumulate an excessively large fund balance; an excessively large fund balance would be one beyond the contingency and cash flow needs of the community in the short term, and one which lacks any planned use for other longer term projects or expenditures. In such a case, taxpayers are either paying unnecessarily high taxes or other charges, or they are not receiving an adequate return on their tax dollars in services and facilities.

For the City of Carmel-by-the-Sea, as of June 30, 2009, the latest audited figures, the City’s governmental funds (General Fund and special revenue funds) had a combined fund balance of $11,554,700, including $728,300 reserved, $9,342,200 designated for capital acquisitions and future expenditures and $1,484,300 neither reserved nor designated, relative to a $13 million annual budget.

The Government Finance Officers Association (GFOA) recommends that governments establish a formal policy on the level of unrestricted fund balance that should be maintained in the general fund. GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures.

In establishing a policy governing the level of unrestricted fund balance in the general fund, a government should consider a variety of factors, including:

• The predictability of its revenues and the volatility of its expenditures (i.e., higher levels of unrestricted fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile);

• Its perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts);

• The potential drain upon general fund resources from other funds as well as the availability of resources in other funds (i.e., deficits in other funds may require that a higher level of unrestricted fund balance be maintained in the general fund, just as, the availability of resources in other funds may reduce the amount of unrestricted fund balance needed in the general fund);

• Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained); and

• Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose).

That stated, it is useful to examine Mayor McCloud/City Councils Fiscal Record and the advocates of “revenue enhancements” position, as follows:

MAYOR McCLOUD/CITY COUNCILS FISCAL RECORD:

Since 2000, and as of June 30, 2009, Mayor Sue McCloud and City Councils have amassed a combined fund balance total of $11,554,700, including $728,300 reserved, $9,342,200 designated for capital acquisitions and future expenditures and $1,484,300 neither reserved nor designated. Arguably, the combined fund balance is not only excessive in relation to an annual budget of $13 million, but the accumulation of $9,342,200 designated for capital acquisitions and future expenditures is not the most productive use of taxpayer dollars or a best management practice of taxpayer dollars.

As previously stated, a sound and legitimate rationale for a reserve fund balance is to finance capital projects. Arguably, taxpayer monies designated for capital projects should be expended on projects, such as the renovation of the Forest Theatre, Scout House, Flanders Mansion, Public Works building, repair and maintenance of streets/roads/avenues, implementation of Master Plans (Mission Trail Nature Preserve Master Plan, Shoreline Management Plan, Del Mar and North Dunes Master Plan, Forest Hill Park Master Plan), et cetera. However, for the past eleven years, instead of using these funds to realize much needed projects, the City has accumulated more and more monies in reserve funds. Significantly, as a cost effective fiscal strategy, it is more cost effective to maintain city assets in good condition and less cost effective to substantally renovate city assets and repair streets after our city buildings and streets have deteriorated by benign neglect over years and years as a result of not annually budgeting for and expending adequate amounts to maintain city assets in good to excellent condition.

ADVOCATES OF “REVENUE ENHANCEMENTS” POSITION:

Advocates of “revenue enhancements” argue that the city needs a “new revenue stream” if the City is to “remain financially stable” by implementing a “parcel or utility tax, restaurant meal surcharge, paid parking, increased sales tax or transient occupancy tax.” However, given the magnitude of reserve funds, especially in relation to the annual budget, even for a small city dependent on tourism, City reserve funds should be decreased for the purpose of realizing capital projects, et cetera, prior to using the coercive power of city government to extract more dollars from taxpaying residents, visitors and guests, especially at a time of slow economic recovery and un- or under-employment.

Moreover, the City’s current reserve fund balances are excessive because the fund balances are well beyond the contingency and cash flow needs of the city in the short term, and particularly with regard to the $9,342,200 designated for capital acquisitions and future expenditures, the City lacks any serious planned use for longer term projects or expenditures. Ergo, taxpayers have not and are not now receiving an adequate return on their tax dollars in facilities or services.

CONCLUSION:

As the literature emphasizes, local government officials need to make a conscious decision about how large a fund balance they need to cover their cash flow and contingencies each year. They need to anticipate capital outlay and capital project needs and have a plan for financing those needs (a mindset of being dependent on grants for the realization of projects is unreasonable and unrealistic). Importantly, reserve funds are established to provide resources for an intended future use, not as a “parking lot” for excess cash or fund balance.

Finally, a new City Administrator will have the opportunity to utilize his/her background and experience to educate the public, elected and appointed city officials and city employees and facilitate a dialogue regarding prudent fiscal policies, budget priorities, fund balances, et cetera.

Related Links:
Best Practices in Public Budgeting
Government Finance Officers Association


BEST PRACTICE
Appropriate Level of Unrestricted Fund Balance in the General Fund (2002 and 2009) (BUDGET and CAAFR)

Friday, March 25, 2011

‘MINUTES’ for Three Noteworthy 22 March 2011 Special City Council Agenda Items

"MINUTES"
SPECIAL CITY COUNCIL MEETING
Tuesday, March 22, 2011 4:30 pm
Council Chambers
East side of Monte Verde Street between Ocean and Seventh Avenues

Archived video streaming available

IV. Orders of Council
A. Budget Workshop to receive proposed Annual Work Plan documents.


CITY OF CARMEL-BY-THE-SEA WORK PLAN
City Administrator’s Goals

1 Make fire service decision
Mayor Sue McCloud announced the date of the first workshop on fire services for Tuesday, 29 March 2011; includes a “concept paper” of five pages of options and comments prepared by former Public Safety Director/Police Chief George Rawson and Monterey Fire Chief Andrew Miller.

McCloud also stated that the interim fire contract which is to expire 31 March 2011 has been extended.

Note: The Interim Fire Services Agreement (Amended Agreement) has been extended through June 30, 2011. The Amended Agreement reflects changes from the previous Interim Fire Services Agreement which expired 31 January 2011 to include “sending firefighters as needed,” according to Administrative Analyst Gundy Rettke, Fire Administration, Fire Department, City of Monterey.

2. Address/manage challenging City financial picture

3. Implement City’s Emergency Preparedness Plan

4. Plan for the phased renovation of the Forest Theater/ develop funding options
Mayor Sue McCloud stated that the City is currently looking for funds to fund minimum ADA accessibility measures and restrooms.

5. Concentrate on short-term marketing/economic development

Department: Administration
Project: Paid Parking Program for Business Area
Status/Description: Should we proceed forward?

Department: Community Planning & Building
Project: Development of Green Building Guidelines/Incentives
Status/Description: Review by the Planning Commission

Project: Monitor storm water run-off program / plan to address ASBS requirements
Status/Description: ASBS diversion project to begin April 2011

Department: Public Safety
Project: Emergency Preparedness Plan Enhancements
Status/Description: Continue exercises and public outreach

Project: Police Dept. / Carmel Youth Center Emergency Generator
Status/Description: Seeking funding for project

Department: Forest, Parks & Beach
Project: Mission Trails Pedestrian Footbridge Project / Mt. View Entrance
Status/Description: Obtaining regulatory permits

Project: Landscaping south side of Ocean between Carpenter and Junipero
Status/Description: Review conceptual landscape plan

Project: Beach fires & charcoal removal
Status/Description: Continue removal of charcoal and debris on beach

Project: Implement programs and projects that protect and enhance Carmel Beach
Status/Description: Develop a list of projects that are critical to the protection of the shoreline/beach

Department: Public Works
Project: Permanent toilets on Scenic at Santa Lucia
Status/Description: Design options being investigated.

FY 2011-12
Board and Commission Goal Summary


Name of Board or Commission: Community Activities & Cultural Commission
Description of Goal:
I. Revitalize Vista Lobos, including painting kitchen, overall cleaning, refurbishing the floors and installing kitchen shelves.
Estimated Cost: $2,600

II. Include $1,000 in Facilities Maintenance budget for annual stripping and resealing of Vista Lobos floors and $500 for annual cleaning.
Estimated Cost: $1,500

Name of Board or Commission: Forest and Beach Commission
Description of Goal:
I. Carmel Beach Shoreline Management to include semi-annual shoreline assessments, sand redistribution and replenishment, seawall reinforcements, new signage, a new permanent restroom at Scenic and Santa Lucia, regulations for fires on the beach, and charcoal and trash cleanups.
Estimated Cost: $100,000

Description of Goal:
II. Continue annual grid pruning contract, provide supplemental funding to support planting of new trees in the urban forest, and increase City funding for Arbor Day activities. Begin implementing Rio Park Development Plan.
Estimated Cost: $30,000

Description of Goal:
III. Implement Mission Trail Nature Preserve Master Plan to improve access to the park and review/replace Mt. View park entrance.
Estimated Cost: $75,000.

Name of Board or Commission: Historic Resources Board
Description of Goal:
I. Obtain Certified Local Government Status from the State Office of Historic Preservation
Estimated Cost: $0

Name of Board or Commission: HML Library Board of Trustees
Description of Goal:
I. Continue to assume cooperation among the City Council, Library Board of Trustees and Carmel Public Library Foundation to implement the Strategic Plan.
Estimated Cost: $0

Name of Board or Commission: Planning Commission
Description of Goal:
I. Review the Commercial Sign Ordinance and consider possible amendments.
Estimated Cost: $0

Description of Goal:
II. Discuss long-range transportation planning for the City, including pedestrian bike trails.
Estimated Cost: $0

Description of Goal:
III. Review City policies and procedures regarding code violations and enforcement.
Estimated Cost: $0

Description of Goal:
IV. Review the intent and objectives of the Residential and Limited Commercial (RC) District.
Estimated Cost: $0

Description of Goal:
V. Funding for a third planner. Salary/benefits would depend on position title.
Estimated Cost: $52,860-$84,132 plus benefits

Mayor McCloud opened the meeting to public comment.

Walt deFaria, Forest Theater Foundation, stated that the Foundation is applying for a modest grant for the renovation of Forest Theatre. He stressed that phases of the remodel should fall within the realm of the McCann renovation plan.

Monte Miller expressed concern that financial analysis of all the fire service options was anticipated, not merely a five page report, and expressed concern about City’s unfunded liabilities.

Assistant City Administrator Heidi Burch stated that the City’s CalPERS Committee will submit answers to the Civil Grand Jury by April 11 regarding the City’s unfunded liabilities.

Skip Lloyd expressed concern about budget process, such as public input and suggestions on the budget.

Jim Emery, Chairman of CRA Budget Committee, stated that the Committee has stipulations or ground rules for developing a budget. The Committee advocates for new alternative revenue sources for long-term balanced budgets and a need for a change in city employment compensation.

Joyce Stevens, on behalf of Monterey Pine Forest Watch, spoke in support of Forest & Beach Commission recommendation to “Implement Mission Trail Nature Preserve Master Plan to improve access to the park and review/replace Mt. View park entrance” and to include eradication of non-native species. She produced a map of Monterey Pine forests showing the only part of Carmel considered Monterey Pine Forest Habitat is Mission Trail Nature Preserve and furthermore the Preserve is “smothered” by invasive species.

Carolyn Hardy advocated for distribution of required materials prior to meeting on fire service options. Hardy stated that she wants all the players at the table and stated that she does not believe George Rawson or Andrew Miller will present an objective assessment of all options.

City Council Member Jason Burnett stated that there is a need to release all the documents the City has received from Monterey Fire Department and Cal Fire. Mayor Sue McCloud stated she had no idea of documents received by City.

Barbara Livingston advocated for the addition to City Administrator’s Goals of CalPERs and revenue enhancements.

Mayor McCloud closed the meeting to public comment.

Mayor McCloud reviewed CITY OF CARMEL-BY-THE-SEA WORK PLAN, department by department, as shown above from packet materials. Additional remarks were made by City Forester Mike Branson.

City Council Member Jason Burnett stressed importance of City Administrator’s Goal to “explore shared services” and capital to fund facility upgrades for conferences, et cetera, at Sunset Center.

City Council Member Ken Talmage stated that the purpose of the workshop is to list key issues for the City and dollar allocation determinations will be made at a later time.

Barbara Livingston advocated for a combination of revenue enhancements and the City should have a workshop of all options for revenue enhancements.

City Council Member Paula Hazdovac expressed the opinion that residents do not understand the needs of businesses in the commercial district and concern about residents advocating for increase in commercial taxes, TOT and sales tax, when not in the interest of businesses.

City Council Member Jason Burnett suggested adding revenue enhancements of hotel incentive program to encourage hotel owners to upgrade hotel facility which would increase TOT revenue and investigate “illegal home rentals.”

B. Establish the process for the selection of a recruitment firm for the City Administrator position.

Mayor McCloud stated the City requested proposals from twelve firms; the City received seven replies. The process involves council members evaluating each firm’s qualifications and then interim Carmel Police Chief Mike Calhoun will tabulate the results to identify the top three or four candidates. Then, representatives from those firms will make presentations to the council and the council will select a firm to search for a new city administrator.

By consensus, the Council decided to move forward with the selection process for a recruitment firm for the City Administrator position.

C. Establish the process for the selection of an Interim City Administrator.

Mayor McCloud stated that the City had contacted the League of California Cities regarding potential candidates. As of Tuesday, sixteen applicants had submitted applications.

City Council Member Ken Talmage recommended making a determination of five or six applicants to interview.

Mayor McCloud articulated several criteria, including how soon the person is available and for how long, salary requirements, community planning experience, experience in finance and human resources, i.e., labor negotiations, experience working in or near Carmel-by-the-Sea, worked in a general law city vs. charter city, the size of other city budgets and staffing levels the candidate has handled, and when and where the person served as city administrator.

City Council Member Jason Burnett stated that he wasn’t aware that the City was accepting candidates until the council meeting. He asked whether it has been done fairly.

To remedy “fairness” issue, the Council decided to accept applications for interim city administrator until 5:00 P.M., Monday, March 28; and council decided to place an ad in The Carmel Pine Cone and announcement on the City’s web site.

Skip Lloyd stated that there has been no process established for interim city administrator. He stated that “time is not as important as a proper process.” He advocated for the broadest pool of candidates for the position.

Mayor McCloud defended the use of Range Riders and League of California Cities as sources where qualified people register.

ADDENDUM:
Special City Council Meeting
City Hall
March 29 @ 5:00 P.M.
Subject: City Administrator & Interim City Administrator Search Process

Thursday, March 24, 2011

PUC Meeting Agenda Item: California-American Water Company to Comply With 2009 State Water Resources Control Board Cease and Desist Order Imposing Moratorium on New Connections and Increased Use

UPDATE: Item 32 has been approved 5-0.

ABSTRACT: Today, the California Public Utilities Commission (PUC) will hold a meeting at 9:00 A.M., 505 Van Ness Avenue, San Francisco, CA. Item 32 California-American Water Company to Comply With 2009 State Water Resources Control Board Cease and Desist Order Imposing Moratorium on New Connections and Increased Use is on the agenda. Item 32 is reproduced. Sources to follow the meeting, as follows: CPUC Voting Meeting on facebook, CaliforniaAdmin.com Public Videos and californiapuc on twitter.

Public Utilities Commission of the State of California
Public Agenda 3271
Thursday, March 24, 2011, 9:00 a.m.
San Francisco, California

Public Utilities Commission of the State of California
Public Agenda 3271
Thursday, March 24, 2011 9:00 a.m.
San Francisco, California


Commissioners
Michael R. Peevey, President
Michel Peter Florio
Catherine J.K. Sandoval
Timothy Alan Simon

Regular Agenda - Water/Sewer Orders
Item 32
[10106]

California-American Water Company to Comply With 2009 State Water Resources Control Board Cease and Desist Order Imposing Moratorium on New Connections and Increased Use

A10-05-020
In the matter of the Application of California-American Water Company for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.

PROPOSED OUTCOME:

Directs California-American Water Company to comply with a 2009 State Water Resources Control Board moratorium order in the Monterey District.
Closes the proceeding.

ESTIMATED COST:

Part of normal cost of administering connection requests.
(Comr Peevey - ALJ Weatherford)

http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=447132
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.
Agenda 3269, Item 52 2/24/2011 (Staff);
Agenda 3270, Item 47 3/10/2011 (Peevey)

Saturday, March 19, 2011

COMMENTARY: Sunset Cultural Center, Inc. and the Museum Foundation of Pacific Grove, Inc. Should Open their Board Meetings to the Public

Sunset Cultural Center, Inc. (SCC) and the Monterey Foundation of Pacific Grove, Inc. (MFPG) can best fulfill their obligations to the public trust and be accountable to the communities they each serve by having their monthly board meetings open to the public. Opening all board meetings to the public, not merely one annual meeting in the case of SCC or semi-annual Community Days in the case of MFPG, would communicate to the public that Board Members understand their obligation to conduct activities with transparency, integrity and accountability. Moreover, in the context of both nonprofit public benefit corporations under agreement to receive approximately $6.5 million of taxpayer monies during the Term of the Agreement between the City of Carmel-by-the-Sea and SCC (2004 – 2012) and approximately $2.25 million of taxpayer monies during the initial Term of the Agreement between the City of Pacific Grove and MFPG (2009 – 2024), members of the public should have the opportunity to observe decision-making processes in order to gain an understanding of the rationale for plans and decisions.

Importantly, SCC and the MFPG should honor the spirit of California’s sunshine law, the Ralph M. Brown Act, by taking the advice of David Hosley, Ph.D., an advocate of open board meetings for nonprofit organizations. Writing in the Stanford Social Innovation Review, Center on Philanthropy and Civil Society, Stanford University, Hosley advocates placing the commitment to have open meetings in the organization’s by-laws, developing policies about public comment, communicating meeting dates and times on a regular basis through a newsletter, e-letter, website and posting a summary of action items and significant reports on the organization’s website.

In sum, Sunset Cultural Center, Inc. (SCC) and the Museum Foundation of Pacific Grove, Inc. (MFPG) opening their board meetings to the public for the purpose of giving interested members of the public the opportunity to observe decision-making processes and gain an understanding of the rationale for decisions would encourage public participation and support and ultimately go a long way towards ensuring the long-term success of SCC’s management of Sunset Center and the MFPG’s management of the Pacific Grove Museum of Natural History.


Related Link: Pacific Grove museum board member resigns
Frustrated over procedures
By KEVIN HOWE Herald Staff Writer, 03/15/2011

Monday, March 14, 2011

'CARMEL-BY-THE-SEA' Exclusive Screening

REVIEW
Carmel sees itself at Sunset screening of 'Carmel-by-the-Sea' film
Muddled, haphazard story gets a pass from local audience
By MARC CABRERA Herald Staff Writer, 03/22/2011


"Carmel-by-the-Sea"
MOVIE SYNOPSIS:
Carmel-by-the-Sea follows a 15-year-old art prodigy Joshua (Josh Hutcherson), abandoned by his drug-addicted mother in Carmel-by-the-Sea, a small town in northern California known internationally for its local art community. He is discovered for his own artistic talent and taken in by two apparently opposite mentors played by Alfred Molina and Lauren Bacall. While being mentored, Joshua is introduced to the high dollar, underground world of art forgery. Joshua’s love interest is played by Hayden Panettiere.

DATE & TIME: Saturday, March 19, 2011
@ 6:00 P.M.- Silent Auction of Artwork featured in the Movie by Artist William Rose
@ 7:00 P.M. – Exclusive Screening of Movie
Note: Wine Reception @ 5:00 P.M. for VIP Ticketholders

VENUE:
Sunset Center
E/s San Carlos St. @ 9th Av.
Carmel-by-the-Sea, CA.


TICKETS:
Online $25 Individual Reserved Seats and $10 Student Tickets
Please Call the Sunset Center Box Office at 831-620-2048 to Purchase $100 VIP Seats
E-Mail: ticketsvcs@sunsetcenter.org

MOVIE INFORMATION & VIDEO:
CARMEL-BY-THE-SEA Los Angeles Special Screening
March 10, 2011
Duration: 09:55

CAST:"Carmel-By-The-Sea" stars Josh Hutcherson, Lauren Bacall, Alfred Molina and Hayden Panettiere
Supporting Cast:
Dina Eastwood, Alexandra Carl, Billy Boyd, Zuhair Haddad, Scott Eastwood,
Kim Myers, Jansen Panettiere, and Adam Godley.

Producers of Carmel-By-The-Sea discuss the story
Duration: 02:04

Producers of Carmel-By-The-Sea discuss the cast
Duration: 03:43

Producers of Carmel-By-The-Sea discuss the crew
Duration: 02:45

ADDENDUM:
Carmel’s Coming Out
'Carmel-by-the-Sea' the movie finally makes its local debut at Sunset.
By Walter Ryce, MONTEREY COUNTY WEEKLY, Thursday, March 17, 2011

California Public Utilities Commission: STATE WATER MORATORIUM ORDER DOCUMENTS

ABSTRACT: Significant STATE WATER MORATORIUM ORDER documents from the California Public Utilities Commission website are summarized and uploaded, including, but not limited to, OPENING COMMENTS OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE ON PROPOSED DECISION (Filing Date: February 14, 2011), PROPOSED DECISION OF ALJ WEATHERFORD - DECISION DIRECTING COMPLIANCE WITH STATE WATER MORATORIUM ORDER AND RELIEVING UTILITY OF OBLIGATION TO SERVE (Filing Date: January 25, 2011) and OPENING BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE (Filing Date: October 8, 2010). Briefly, ALJ Weatherford summarized his DECISION, as follows: “This decision directs California-American Water Company (Cal-Am) to comply with a water moratorium in its Monterey District ordered by the State Water Resources Control Board and prohibiting new connections and increased use of water by existing customers that would be served by diversions of the Carmel River. Cal-Am is directed to file by advice letter a tariff amendment to implement Condition 2 of the 2009 Cease and Desist Order issued by the State Water Resources Control Board. Condition 2 prohibits diversions from the Carmel River for new connections or increased uses at certain types of existing service addresses.” The CITIES argue that “The Commission should exercise its independent discretion, and based on its own informed review of the merits, find that a moratorium is not just and reasonable. Such a conclusion will maximize the public welfare, but will not impair the operation of the CDO’s other provisions designed to protect the Carmel River ecosystem or otherwise thwart development of a water supply solution for the Monterey Peninsula." An ADDENDUM with link to all Documents and Decisions is provided.

Type: EXPARTE
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.

NOTICE OF EX PARTE COMMUNICATION OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY AND SEASIDE
Filing Date: March 9, 2011

Description: The Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside noticed an oral ex parte communication with Carol A. Brown, Chief of Staff to Commission President Michael Peevey, and Lester Wong, Advisor to President Peevey, on March 8, 2011.

SYNOPSIS & EXCERPTS:
The Cities discussed their view that the Commission possesses independent authority to determine whether adoption of water service moratorium within California American Water Company’s Monterey District is just and reasonable and consistent with the public interest. The Cities discussed the relationship of the proposed moratorium to the Carmel River habitat and existing customers, and provided examples of impacts to the community welfare within the cities if a moratorium is adopted that eliminates the Cities’ ability to allocate water for new or expanded service pursuant to the Monterey Peninsula Water Management District’s municipal water allocation program. Specifically, Mayors Della Sala, Bachofner, and McCloud each provided specific examples of the projects that would be precluded from development in their respective cities, and the associated impact on the community welfare.


EX PARTE COMMUNICATION
NOTICE OF EX PARTE COMMUNICATION OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY AND SEASIDE


Type: COMMENTS
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.

OPENING COMMENTS OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE ON PROPOSED DECISION
Filing Date: February 14, 2011

SYNOPSIS & EXCERPTS:
The CITIES conclude that The Commission should exercise its independent
discretion, and based on its own informed review of the merits, find that a moratorium is not just and reasonable. Such a conclusion will maximize the public welfare, but will not impair the operation of the CDO’s other provisions designed to protect the Carmel River ecosystem or otherwise thwart development of a water supply solution for the Monterey Peninsula.

The DISCUSSION includes sections, as follows: The Commission is Not Obligated to Defer to the SWRCB and Can Exercise Its Own Independent Discretion Concerning the Merits of the Proposed Moratorium, A Moratorium is Not Just and Reasonable and The Cities Collectively Join In the Individual Comments Submitted by the City of Sand City to Urge the Commission to Exempt New Connections Served by the Sand City Water Entitlement from the Moratorium, If Adopted.


OPENING COMMENTS OF CITIES OF CARMEL-BY-THE-SEA et al.
OPENING COMMENTS OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE ON PROPOSED DECISION


Type: PROPOSED DECISION
PROPOSED DECISION OF ALJ WEATHERFORD
DECISION DIRECTING COMPLIANCE WITH STATE WATER MORATORIUM ORDER AND RELIEVING UTILITY OF OBLIGATION TO SERVE
Filing Date: January 25, 2011

SUMMARY SYNOPSIS EXCERPTS:
This decision directs California-American Water Company (Cal-Am) to
comply with a water moratorium in its Monterey District ordered by the State Water Resources Control Board and prohibiting new connections and increased use of water by existing customers that would be served by diversions of the Carmel River. Cal-Am is directed to file by advice letter a tariff amendment to implement Condition 2 of the 2009 Cease and Desist Order issued by the State Water Resources Control Board. Condition 2 prohibits diversions from the Carmel River for new connections or increased uses at certain types of existing service addresses. Cal-Am will be relieved of its obligation to serve the new connections and increased uses so prohibited. The direction and relief provided in this decision are to expire at the filing by Cal-Am of an advice letter with the Commission transmitting the written concurrence of the Deputy Director of Water Rights of the State Water Resources Control Board with Cal-Am’s finding that a permanent supply of water is ready to serve as a replacement for the unlawful diversions of Carmel River water.

Cal-Am is directed to confer with the Monterey Peninsula Water Management District and thereafter seek from the State Water Resources Control Board a process or mechanism that will permit Cal-Am to serve demonstrated and compelling public health and safety needs within the Monterey District, notwithstanding the moratorium. Cal-Am is also directed to return to that Board for guidance with respect to any unresolved issues of interpretation or implementation concerning Condition 2. Cal-Am is directed to file a petition to modify this Commission decision if pending litigation testing the 2009 cease and desist order of the State Water Resources Control Board results in an outcome that conflicts with the orders in this decision.


PROPOSED DECISION OF ALJ WEATHERFORD
PROPOSED DECISION OF ALJ WEATHERFORD
DECISION DIRECTING COMPLIANCE WITH STATE WATER MORATORIUM ORDER AND RELIEVING UTILITY OF OBLIGATION TO SERVE



Type: REPLY BRIEF
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.

REPLY BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE
Filing Date: October 22, 2010

SYNOPSIS & EXCERPTS:
The CITIES request that the Commission deny Cal-Am’s Application for an unnecessary moratorium that would substantially impair the community’s welfare” claiming IMPOSITION OF A MORATORIUM IS NOT JUST AND REASONABLE and THE CDO’S WATER SERVICE PROHIBITION MUST BE INTERPRETED TOBE SUBJECT TO THE COMMISSION’S INDEPENDENT DUTY TO DETERMINE WHETHER A MORATORIUM IS JUSTIFIED.

At its core, this matter involves a single factual question—whether the proposed moratorium is just and reasonable—and a single legal question—whether the California Public Utilities Commission (“Commission”) has an independent duty to determine whether the moratorium is just and reasonable irrespective of the Cease and Desist Order’s (SWRCB WR Order 2009-0060 (“CDO”)) prohibition of the use of Carmel River water for new or expanded service by the California American Water Company (“Cal-Am”).


REPLY BRIEF OF THE CITIES
REPLY BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE


Type: OPENING BRIEF
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.

OPENING BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE
Filing Date: October 8, 2010

SYNOPSIS & EXCERPTS:
The CITIES claim THE SWRCB LACKS JURISDICTION TO REQUIRE CAL-AM TO IMPOSE AWATER SERVICE MORATORIUM and IMPOSITION OF A MORATORIUM IS NOT JUST AND REASONABLE, including A moratorium is not necessary for Cal-Am to comply with the CDO’s limitations upon Carmel River diversions and a failure to impose a moratorium will not materially harm existing Cal-Am customers, Imposition of a moratorium would materially harm the community.


OPENING BRIEF OF THE CITIES
OPENING BRIEF OF THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS, MONTEREY, PACIFIC GROVE, SAND CITY, AND SEASIDE


Type: Opening BRIEF
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of California-American Water Company (U210W) for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District.

OPENING BRIEF OF CALIFORNIA-AMERICAN WATER COMPANY
Filing Date: October 8, 2010

SYNOPSIS & EXCERPTS:
CALIFORNIA-AMERICAN WATER COMPANY concludes, as follows:
California American Water filed this application seeking a moratorium on new or increased service connections in its Monterey District solely for the purpose of complying with the CDO issued by the State Water Board Order prohibiting California American Water from serving Carmel River water to new service connections or increased water use based on a change in zoning or use. Consistent with the Commission’s and the State Water Board’s concurrent jurisdiction in this area, the Commission should approve this request for a moratorium and relieve California American Water of its obligation to serve new customers or the increased water use associated with a change in zoning or use at an existing service address, to the extent necessary to comply with the CDO. In doing so, the Commission should appropriately tailor the moratorium to exclude areas not served by Carmel River water, or specifically exempted by the language of the State Water Board’s Order. The Commission should not expand the proceeding to embrace service issues that are beyond the scope of the State Water Board’s Order, such as the “equity” issue that DRA raised. An expansion of this proceeding will both duplicate issues that fall within other proceedings pending before the Commission, and unnecessarily delay California American Water’s ability to comply with the CDO.


OPENING BRIEF OF CALIFORNIA-AMERICAN WATER COMPANY
OPENING BRIEF OF CALIFORNIA-AMERICAN WATER COMPANY


Type: AMENDED APPLICATION
AMENDED APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U210W) FOR AN ORDER AUTHORIZING AND IMPOSING A MORATORIUM ON CERTAIN NEW OR EXPANDED WATER SERVICE CONNECTIONS IN ITS MONTEREY DISTRICT
Filing Date: May 27, 2010

Description: [The Amended Application is intended to replace the original Application in its entirety. (1) It clarifies language in the Conclusion Section regarding the purpose of the waiting list; (2) It clarifies the time by which Applicant will provide mailed notice to its customers; and, (3) makes minor typographical corrections.]

CONCLUSION:
California American Water concludes, as follows:
As demonstrated in this Application and the supporting testimony, California American Water has a legal obligation to comply with State Water Resources Control Board Order WRO-2009-0060. In order to comply with that Order, California American Water seeks to impose, with some exceptions, a moratorium on all new or expanded water service connections in its Monterey District, if the last entitlement for that connection was obtained after October 22, 2009.


AMENDED APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY
AMENDED APPLICATION OF CALIFORNIA-AMERICAN WATER COMPANY (U210W) FOR AN ORDER AUTHORIZING AND IMPOSING A MORATORIUM ON CERTAIN NEW OR EXPANDED WATER SERVICE CONNECTIONS IN ITS MONTEREY DISTRICT

ADDENDUM:
California Public Utilities Commission
Proceeding A1005020

Date Filed: May 24, 2010
Status: Active

DOCUMENTS, including other BRIEFS, MOTIONS, PROTESTS, COMMENTS, RULINGS, et cetera.

Wednesday, March 09, 2011

CITY COUNCIL CLOSED SESSION: Existing Litigation - Government Code Section 54956.9(a) -Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M76728

UPDATE (10 March 2011): View Flanders Foundation PHOTO GALLERY,
HISTORY OF MISSION TRAIL NATURE PRESERVE, FLANDERS MANSION AND THE LESTER ROWNTREE GARDEN & REVIEW OF ENVIRONMENTAL IMPACT REPORTS AND LEGAL CHALLENGES TO SALE OF PARKLAND

PHOTO GALLERY
The house and grounds
Inside the house
Views from the property
Mission Trail Nature Preserve/Park

ABSTRACT: Yesterday, the City Council met in Closed Session to discuss Existing Litigation - Government Code Section 54956.9(a) -Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M76728. The original NOTICE included the agenda item, Establish a process for the hiring of an interim city administrator and provide staff direction, in open session, but that item “is being rescheduled,” according to City Clerk Heidi Burch. The NOTICE OF SPECIAL CITY COUNCIL MEETING and City Council Cancelation Notice March 8 2011 are reproduced.

NOTICE OF SPECIAL CITY COUNCIL MEETING

Special Meeting
Tuesday, March 8, 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. Adjourn to Closed Session


A. Existing Litigation - Government Code Section 54956.9(a) -Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M76728.

V. Reconvene in Open Session

VI. Orders of Council


A. Establish a process for the hiring of an interim city administrator and provide staff direction.

VII. 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.

CARMEL-BY-THE SEA CITY COUNCIL

Please be advised that the following item scheduled to be discussed in open session by the City Council tonight, Tuesday, March 8, 2011, is being rescheduled:

VI. Orders of Council

A. Establish a process for the hiring of an interim city administrator and provide staff direction.

Thank you,

Heidi Burch
City Clerk
City of Carmel-by-the-Sea

Tuesday, March 08, 2011

‘MINUTES’ for Four Noteworthy 1 March 2011 City Council Agenda Items

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, March 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.

C. Announcements from City Administrator.

4. Receive update on the ASBS project.


Bob Jaques, Project Director for the ASBS Grant Project, presented the update. Last year, the City received approval of Proposition 84 grant funds for storm water diversion system design and construction to discontinue city discharges from stormwater outfall to Carmel Bay during the summer months. The grant is $2.5 million with the City’s share $125,000. The project is in three phases, including Planning, Design and Construction, over 2 - 3 years. For the diversion system, the least costly approach is gravity flow or pump diversion of flow into landscape area. Other approaches include mobile pumping and vacuum equipment and most costly alternative of permanent pumping stations. The rest of 2011 will be devoted to Planning (“Phase I”).


ASBS Final Recommended Funding List
AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM
RECOMMENDED FUNDING LIST

Courtesy of Mark Fong
Division of Financial Assistance
Project Management & Technical Support Unit


ASBS Grants
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2009-0007
APPROVING PROJECTS, AND AUTHORIZING ISSUANCE OF GRANTS FOR THE PROPOSITION 84 AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM

Courtesy of Mark Fong
Division of Financial Assistance
Project Management & Technical Support Unit


asbs_fp_wkshp_presentation
ASBS Grant Program Proposal Guidance Presentation (July 2008)

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.


Mayor McCloud announced the agenda item was “pulled” and “continued until the next meeting.”

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)
(Video 02:01:55 – 02:33:00)

Sean Conroy, Planning & Building Services Manager, presented the staff overview, including the Planning Commission’s recommended draft Ordinance, which includes a sunset date of June 30, 2013 unless otherwise authorized by the city council, Ordinance requirement limit of two chicken hens per residential property and staff recommendation to adopt Ordinance.

Council Member Sharp recommended changes including "cages not be visibly prominent from the public street" and "slaughtering of chickens shall not be permitted within the city limits."

Council Member Talmage expressed concern about visual impact of cages on neighbors and the City’s need to protect neighbors.

Council Member Hazdovac stated only fifteen permits allowed per two year period according to the Ordinance and case-by-case review and determinations.

Mayor Sue McCloud expressed desire for coops in backyards only, not front yards.

Anna Yateman addressed concerns of council members and advocated for a cage size greater than 30 sq. ft.

Mayor McCloud opened the meeting to public comment.

Resident Barbara Livingston expressed support for Ordinance and advocated for chicken runs.

Resident/property owner Carla Ramsey expressed concern about chickens out of enclosures, enclosures materials, and raccoons destroying enclosures and chickens and personal properties.

Anna Yateman stated that dogs and cats encourage raccoons more than chickens.

Mayor McCloud closed the meeting to public comment.

Council Member SHARP moved adoption of 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 adding “cages will not be visibly prominent from the public street,” “location will not create a public nuisance” and “slaughtering of chicken hens shall not be permitted within the city limits,” seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE
NOES: COUNCIL MEMBERS: McCLOUD
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

XI. Orders of Council
A. Approve amendments to City’s revised Harassment Prevention Policy.


Mayor McCloud announced the agenda item was “pulled” and “continued until the next meeting.”

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

C. Announcements from City Administrator.

2. Receive SCC report.


SCC Board Chairman Jim Price stated that SCC will present a business plan featuring use of Sunset Center for conferences, seminars, meetings and weddings, focusing on multi-day events. Price introduced SCC Board Members in the audience and the new SCC Managing Director Christine Sandin, a past marketing consultant for SCC for over 1 ½ years. Managing Director Christine Sandin stated her goal of being “very transparent” with regard to operations at Sunset Center and to keep the public better informed. SCC hired Jeff Burghardt, also the City’s marketing consultant, to conduct marketing research for SCC, focusing on the north end of Sunset Center, including meeting rooms, Carpenter Hall.

Sandin highlighted income pie chart showing City subsidy (enabling grant) represents 35% of total income, performance revenue and rental income represents 20%.

Sandin displayed chart: Annual Estimated Hotel Room Usage by Sunset Center
Total Room Nights Booked (January – December 2010): 1160
Estimated $21,414 in TOT revenue in 2010

Consultant Jeff Burghardt focused on group and wedding business plan. Burghardt claimed there was “citywide support for growing group and wedding business at Sunset Center.” He admitted there was “stiff competition” on the Monterey Peninsula, other “incredible group and wedding choices,” and strong “competitive sales and marketing.” He stated the need to market Carmel like “a resort;” “Carmel as a single brand” in order “to maximize sales.” Burghardt claimed Carmel is perfect for “boutiques.”

Business Problems
#1. Hotel group space is deeply discounted, or free, to generate profitable room revenue.
#2. Group business is highly competitive and demands top-of-the-line facilities and equipment.
#3. Multiple hotel contracts, versus a single contract, are less attractive to meeting planners and require an experienced group sales professional to book citywide business.
#4. Profit margins are very narrow on most ancillary services, including food and beverage.

Short-Term Recommendations
• Attract weddings and offsites immediately to utilize the attractive theater, lobby, patio and parking lot.

• Develop a competitive sales website, collateral resources and strategies for following through on all sales leads, including RFPs from the MCCVB.

• Spruce up the existing meeting spaces with paint, carpet, furniture and equipment to attract existing leads.

Long-Term Recommendations
• Modernize the entire meeting and conference facility to compete with top hotels and resorts.

• Refine the groups and wedding sales efforts to compete with top hotels and resorts.

• Develop a single-contract to attract meeting planners who manage citywide meetings and conferences.

Remodel & Furniture Proposal: Budget: $159,350
Essential Marketing: Budget: $30,000
Group Sales Professional (consultant): Budget; $10,000

Total Investment to be Raised (Total Budget): $199,350 (to remodel north end of Sunset Center)

SCC Chair Price stated that SCC is forming a preliminary advisory group to assist in raising funds to remodel north end of Sunset Center.

Thursday, March 03, 2011

Carmel Art Association Presents OLOF DAHLSTAND’S SOLO SHOW ‘LANDSCAPES OF THE MIND’ AND GROUP SHOW ‘GRAPHIC DETAILS’ FEATURING PRINTMAKERS AUVIL, GELLER-ROBERTSON, GIACOMETTI, JOHNSON & TAKIGAWA

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 OLOF DAHLSTAND’S SOLO SHOW ‘LANDSCAPES OF THE MIND’ AND GROUP SHOW ‘GRAPHIC DETAILS’ FEATURING PRINTMAKERS AUVIL, GELLER-ROBERTSON, GIACOMETTI, JOHNSON & TAKIGAWA

Thursday, March 3, 2011 – Tuesday, April 5, 2011

SOLO SHOW: OLOF DAHLSTAND “LANDSCAPES OF THE MIND:” Beardsley Room, South Wall
Painter Olof Dahlstrand exhibits “Landscapes of the Mind,” bold abstract experiments in color and composition in acrylic on linen. View Olof Dahlstrand’s Education, Prizes, Exhibits, ARTWORK, ARCHIVES, et cetera and "Landscapes of the Mind" exhibition of acrylic images including “Chanting the Square Deific,” “The Red Dwarf,” “Untitled No. 6,” “Minuendo in Blues,” “Runic Alphabet Soup,” “Enigma in Blue,” “Untitled No. 7,” “The Spaces Between,” “Chops are Flyin,” “Hangin’ Loose” and “Mysterious Movement.”

GROUP SHOW “GRAPHIC DETAILS: Carmel Art Association Printmakers:” Segal Room
Printmakers Eleen Auvil, Alice Geller-Robertson, Susan Giacometti, Barbara Johnson and Pamela Takigawa exhibit new work.

View Sculptor/Painter Eleen Auvil’s Education, Awards, Solo Shows and two sculpture images.

View Painter/Printmaker Susan Giacometti’s Education and four Drypoint with Chine Colle images and two collage images, including
Cannery Row Series: "The Row," Cannery Row Series: "Fish Inspector," "Animal Fair," "The Birds and the Beasts Were There" (Drypoint with Chine Colle) and "Fish Stories" and "Untitled” (Collages).

View Painter and Printmaker Barbara Johnson’s Education, Collections and images, including "Tempest" (Relief Print), "Bravo" (Mixed Media on Paper) and "Checkerboard of Spring” (Oil on Canvas).

View Painter Pamela Takigawa’s “Waves of the Past” exhibition (September 3 – October 6, 2009) images, including “Brace Yourself,” “Boy Toys,” “Miller Falls,” “Chiseled,” “Drink Coca-Cola” and “Stanley No. 404.”

Opening Reception - Saturday, March 5, 6:00 P.M. to 8:00 P.M.

ADDENDUM:
Printmaking Demonstration
Make Your Own Print” Printmaking Demonstration
Graphic Details” printmakers give a hands-on printmaking demonstration. Attendees can make their own print also.
Saturday, March 12, 2011, 2:00 – 4:30 P.M.

Panel Discussion
“All About Prints – What we do and how we do it”
Graphic Details” printmakers Eleen Auvil, Alice Geller Robertson, Susan Giacometti, Barbara Johnson and Pamela Takigawa participate in a panel discussion about printmaking. Free and no reservation necessary.
Wednesday, March 23, 2011 @ 7:00 P.M.

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