UPDATE II:
Divided commission OK's 46 condos
By CHRIS COUNTS, The Carmel Pine Cone, September 2, 2011
Villas de No Agua
State water board says Carmel condo project might violate cease-and-desist order.
By Kera Abraham, Thursday, September 1, 2011
Carmel condo project gets OK from planners
Water, zoning issues unresolved
By JIM JOHNSON Herald Staff Writer, 09/01/2011
UPDATE I:
“MINUTES”
MONTEREY COUNTY PLANNING COMMISSION
WEDNESDAY, AUGUST 31, 2011
ROLL CALL
Present: Commissioners Brown, Vandevere, Roberts, Rochester, Salazar, Getzelman, Mendez, Diehl, Padilla, Hert
Absent: None
SCHEDULED ITEMS
1. 9:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
EXHIBIT B, EXHIBIT C, EXHIBIT D, EXHIBIT E, EXHIBIT F, EXHIBIT G, EXHIBIT H, EXHIBIT I
Kevin Kane and Widewaters Group consultants gave a presentation on Traffic, LUP and CIP Amendments, Neighborhood Density, Moderate Income Housing and Water.
Public Comment: Nineteen speakers addressed the Planning Commission, including but not limited to, Mark McDonald, Carol Chapman, Tracy Manning, Wayne Iverson, Mark Bayne, Carol Stollorz, Fred Slautterback, Yoko Whitaker, Christine Jensen, Lucinda Lloyd, Jack Meehan, Barbara Warren, Richard Warren Barbara Rainer, Timothy Sanders and SOCNC attorney Molly Erickson; eighteen speakers spoke in opposition of the LCP Amendments and Villas de Carmelo project and one speaker spoke in support of the Villas de Carmelo project. Comments highlights, as follows: density as a three dimensional concept, not a two dimensional concept; other traffic studies concluded an existing level of service (LOC) of “F” for the Highway One segment between Ocean Avenue and Carmel Valley Road; EIR traffic study deficient due to no consideration of increased traffic as a result of proposed improvements/modifications to Highway One/Valley Way intersection; zoning precedent for area; State Water Resources Control Board (SWRCB) letters of August 10 and August 30, both by Barbara Evoy, Deputy Director, Division of Water Rights, State Water Resources Control Board, and not contradictory.
Commission Deliberation Highlights:
Commissioner Diehl emphasized the Villas de Carmelo project being a “subdivision;” density issues; County Inclusionary Housing Ordinance requirement that the project supply compliance equal to 20% of the total number of units of which 6% very low, 6% low and 8% moderate income units (or 9.2 inclusionary units with 2 very low income level, 4 low income level and 4 moderate income level and payment of an in-lieu fee for 0.2 unit); Homeowner Association Fees (approximately $662/month ) for all condo owners as determined by the applicant, not sliding scale based on unit price to accommodate less than moderate income households.
Commissioner Brown characterized the project an infill development and supported the moderate income units due to the high land costs in the Carmel area.
Commissioner Vandevere emphasized 1995 decision by the State Water Resources Control Board that Cal-Am was illegally diverting water from the Carmel River and that since the County and Cities have not solved the illegal diversion of water issue for years and have continued to approve project permits for increased water use, the SWRCB has reason to believe the County and Cities do not take the Cease and Desist Order seriously.
After approximately three hours, it was moved by Commissioner Brown, seconded by Commissioner Rochester, and passed by the following vote to recommend that the Board of Supervisors consider proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards) and recommend certification by the California Coastal Commission; and consider the proposed condominium project, including nine moderate income units, and certify the Environmental Impact Report and conditionally approve (PLN070497) design and improvements for the Modified Design Alternative (alternative 4 in EIR), based on the findings and evidence and subject to the conditions of approval and Mitigation Monitoring Reporting Program.
AYES: Padilla, Salazar, Mendez, Rochester, Brown, Getzelman
NOES: Diehl, Vandevere, Hert, Roberts
ABSENT: None
ABSTAIN: None
ABSTRACT: On Wednesday, August 31, 2011 at 9:00 A.M., the Monterey County Planning Commission is scheduled to consider Rigoulette LLC (Villas de Carmelo; Formerly Carmel Convalescent Hospital) - PLN070497, specifically “a project to redevelop the existing Carmel Convalescent Hospital site, including Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan & Combined Development Permit for design and improvements based on the Modified Design Alternative.” The text of the AGENDA is reproduced (minus SCHEDULED ITEMS 2, 3 and 4). The Staff Report and EXHIBIT B, EXHIBIT C, EXHIBIT D, EXHIBIT E, EXHIBIT F, EXHIBIT G, EXHIBIT H, EXHIBIT I are linked and/or embedded. The Staff’s Recommended Action: 1) consider proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards); 2) consider the proposed condominium project and related Environmental Impact Report; and 3) make recommendation to the Board of Supervisors.
Monterey County Planning Commission
AGENDA
Wednesday, August 31, 2011
Monterey County Government Center – Board of Supervisors Chambers
168 W. Alisal Street
Salinas, CA 93901
9:00 a.m.
Chair: Paul Getzelman
Vice-Chair: Amy Roberts
Secretary: Mike Novo
Commissioners:
Paul C. Getzelman Cosme Padilla
Jay Brown Aurelio Salazar, Jr
Amy Roberts Jose Mendez
Luther Hert Martha Diehl
Don Rochester Keith Vandevere
PLEDGE OF ALLEGIANCE
A. ROLL CALL
B. PUBLIC COMMENTS
C. AGENDA ADDITIONS, DELETIONS AND CORRECTIONS
D. APPROVAL OF MINUTES: May 26 and June 8, 2011
E. COMMISSIONER COMMENTS, REQUESTS AND REFERRALS
F. SCHEDULED ITEMS
1. 9:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
EXHIBIT B, EXHIBIT C, EXHIBIT D, EXHIBIT E, EXHIBIT F, EXHIBIT G, EXHIBIT H, EXHIBIT I
Project Planner: Elizabeth Gonzales. Environmental Status: Environmental Impact Report. Project Description: (Continued from August 10, 2011.) 1) Consider a project 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 called Villas de Carmelo, including:
1) Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards), subject to approval by the Board of Supervisors and certification by the California Coastal Commission; and
2) Combined Development Permit for design and improvements based on the Modified Design Alternative (identified as Alternative 4 in the EIR).
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) Coastal Development Permit to allow alterations to two historic structures including; a) converting the former convalescent hospital into nine condominium units with underground parking, recreation room, storage, and a gym; and b) converting an existing garage/shop building into three condominium units;
3) Coastal Administrative Permit to demolish one existing structure and construct eight new buildings consisting of 34 units for a total of 46 condominium units;
4) Coastal Development Permit to allow development on slopes of 30% or greater;
5) Coastal Development Permit to allow the removal of up to 97 trees (21 coast live oak and 76 Monterey pines);
6) Design Approval and approximately 13,500 cubic yards of grading. The project site’s address is 24945 Valley Way, Carmel (Assessor's Parcel Numbers 009 061 002 000, 009 061 003 000, 009 061 005 000), Carmel Area Land Use Plan area, Coastal Zone.
Recommended Action: 1) consider proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards); 2) consider the proposed condominium project and related Environmental Impact Report; and 3) make recommendation to the Board of Supervisors.
MONTEREY COUNTY PLANNING COMMISSION August 31 2011
RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
MONTEREY COUNTY PLANNING COMMISSION 8-31-2011
EXHIBIT B: Rigoulette LLC (PLN070497) (Villas De Carmelo; Formerly Carmel Convalescent Hospital) Planning Commission Staff Report and Exhibits for the Hearing of (June 29, 2011)
MONTEREY COUNTY PLANNING COMMISSION 7-27-11
EXHIBIT C: MONTEREY COUNTY PLANNING COMMISSION 7-29-2011
EXHIBIT D Villas de Carmelo
EXHIBIT D: Carmel Area Vacant Parcels Map
EXHIBIT E Villas de Carmelo
EXHIBIT E: Applicants’ Proposed Amendments to Local Coastal Program June 27, 2011
EXHIBIT F Villas de Carmelo
EXHIBIT F: Applicants’ Proposal to Housing Advisory Committee July 14, 2011 AND RMA Redevelopment & Housing Memo November 19, 2010
EXHIBIT G Villas de Carmelo
EXHIBIT G; WATER LETTERS:
MPWMD Letter dated June 29, 2011
Stamp Letter dated August 16, 2011
Stamp Letter dated July 8, 2011
SWRCB Letter dated August 10, 2011
J. Zischke Letter dated August 25, 2011
EXHIBIT H Villas de Carmelo
EXHIBIT H: Appendix A Monterey County Growth Management Policy
EXHIBIT I Villas de Carmelo
EXHIBIT I: Revised Site Plan with recommended changes previously discussed
G. OTHER MATTERS: NONE
H. DEPARTMENT REPORT
I. ADJOURNMENT
The Recommended Action indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the Planning Commission’s alternative actions on any matter before it.
BREAKS will be taken approximately at 10:15 a.m. and 3:00 p.m.
DOCUMENT DISTRIBUTION: Documents relating to agenda items that are distributed to the Planning Commission less than 72 hours prior to the meeting are available for public inspection at the front counter of the Resource Management Agency – Planning and Building Services Departments, Monterey County Government Center , 168 W. Alisal Street, 2nd Floor, Salinas, CA. Documents distributed by County staff at the meeting of the Planning Commission will be available at the meeting.
If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132) and the federal rules and regulations adopted in implementation thereof. For information regarding how, to whom and when a person with a disability who requires a modification or accommodation in order to participate in the public meeting may make a request for disability-related modification or accommodation including auxiliary aids or services or if you have any questions about any of the items listed on this agenda, please call the Monterey County Resource Management Agency - Planning Department at (831) 755-5025.
Friday, August 26, 2011
Monterey County Planning Commission, Villas de Carmelo: Consider a project to redevelop the existing Carmel Convalescent Hospital site, including Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan & Combined Development Permit for design and improvements based on the Modified Design Alternative
Save Our Carmel Neighborhoods Coalition (SOCNC) Attorney Molly Erickson: ‘Because the project would likely violate the State's Cease and Desist Order, the project would have significant unevaluated and unmitigated impacts with regard to water...The Commission should deny the project based on the lack of a legal water supply’
ABSTRACT: Based on a 10 August 2011 State Water Resources Control Board letter in response to Save Our Carmel Neighborhoods Coalition (SOCNC) attorney Molly Erickson’s 8 July 2011 letter requesting “an opinion from the State Water Board as to whether or not a proposed development project, namely the Villas de Carmelo, may be served by California American Water (Cal-Am),” attorney Molly Erickson wrote a letter dated 16 August 2011 to the Monterey County Planning Commissioners stating, in part, as follows: "The State Water Resources Control Board reviewed the proposed Villas de Carmelo project. The State's August 10, 2011 letter states in key part as follows:
[T]his site is upzoning to a high density residential. There will undoubtedly be an increase in water use at the site since 2005 when the hospital closed. Although the Monterey County Planning Department concluded that the baseline water use for the property could be based on historic use in 1988, the effective date of its Ordinance 3310, the State Water Board's Cease and Desist Order was issued in 2009 and is not restricted by the 1988 Ordinance. Therefore, if Cal-Am were to serve the new 46-unit residential condominiums with water from the Carmel River. Cal-Am would likely violate Condition 2 of the [Cease and Desist] order.
This is significant new information that was not evaluated in the environmental impact report. Because the project would likely violate the State's Cease and Desist Order, the project would have significant unevaluated and unmitigated impacts with regard to water.
The Commission should deny the project based on the lack of a legal water supply, in addition to the other significant reasons identified by the public and by public agencies." HIGHLIGHTS and the aforementioned letters et cetera, and the State’s Cease and Desist Order are embedded.
HIGHLIGHTS of SOCNC attorney Molly Erickson’s August 16, 2011 letter to Paul Getzelman, Chair, and Members of the Planning Commission:
Subject: SWRCB Position on Proposed Villas de Carmelo Subdivision Project
The State Water Resources Control Board reviewed the proposed Villas de Carmelo project. The State's August 10, 2011 letter states in key part as follows:
[T]his site is upzoning to a high density residential. There will undoubtedly be an increase in water use at the site since 2005 when the hospital closed. Although the Monterey County Planning Department concluded that the baseline water use for the property could be based on historic use in 1988, the effective date of its Ordinance 3310, the State Water Board's Cease and Desist Order was issued in 2009 and is not restricted by the 1988 Ordinance. Therefore, if Cal-Am were to serve the new 46-unit residential condominiums with water from the Carmel River. Cal-Am would likely violate Condition 2 of the [Cease and Desist] order.
This is significant new information that was not evaluated in the environmental impact report. Because the project would likely violate the State's Cease and Desist Order, the project would have significant unevaluated and unmitigated impacts with regard to water.
The State's position is that Cal Am cannot legally provide Carmel River water to the project. Without a legal water supply, the project cannot be approved.
The Commission should deny the project based on the lack of a legal water supply, in addition to the other significant reasons identified by the public and by public agencies.
HIGHLIGHTS of State Water Resources Control Board 10 August 2011 response to SOCNC attorney Molly Erickson’s July 8, 2011 letter regarding State Water Resources Control Board (State Water Board) Cease and Desist Order (Order) WR 2009-0060 as it pertains to Villas de Carmelo:
VILLAS DE CARMELO: A PROPOSED 46-CONDOMINIUM PROJECT WITHIN THE CAL-AM SERVICE AREA SUBJECT TO ORDER WR 2009-0060 IN MONTEREY COUNTY.
...this site is upzoning to a.high density residential. There will undoubtedly be an increase in water use at the site since 2005 when the hospital closed. Although the Monterey County Planning Department concluded that the baseline water use for the property could be based on historic use in 1988, the effective date of its Ordinance 3310, the State Water Board's Cease and Desist Order was issued in 2009 and is not restricted by the 1988 Ordinance. Therefore, if Cal-Am were to serve the new 46-unit residential condominiums with water from the Carmel River, Cal-Am would likely violate Condition 2 of the order.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT Cal-Am shall cease and desist from the unauthorized diversion of water from the Carmel River in accordance with the following schedule and conditions.
2. Cal-Am shall not divert water from the Carmel River for new service connections or for any increased use of water at existing service addresses resulting from a change in zoning or use. Cal-Am may supply water from the river for new service connections or for any increased use at existing service addresses resulting from a change in zoning or use after October 20, 2009, provided that any such service had obtained all necessary written approvals required for project construction and connection to Cal-Am's water system prior to that date.
SOCNC ltr to PC 11 08 16 re SWRCB position
SOCNC attorney Molly Erickson’s & State Water Resources Control Board Correspondence & Order Condition 2
HIGHLIGHTS of CEASE AND DESIST ORDER (INTRODUCTION, CONCLUSIONS & ORDER):
INTRODUCTION
The California American Water Company (Cal-Am or CAW) diverts water from the Carmel River in Monterey County. The water is used to supply the residential, municipal, and commercial needs of the Monterey Peninsula area (peninsula) communities. In 1995 the State Water Resources Control Board (State Water Board) adopted Order WR 95-10 (WR 95-10 ). Among other matters, the order found that Cal-Am was diverting about 10,730 acre feet per annum (afa) of water from the Carmel River without a valid basis of right and directed that Cal-Am should diligently implement actions to terminate its unlawful diversion. Alleging that 13 years after the adoption of Order 95-10 Cal-Am continues to divert about 7,150 afa from the river without a valid basis of right, the Prosecution Team (Prosecution Team or PT) seeks issuance of a cease and desist order under Water Code section 1831, subdivision (d). Cal-Am requested a hearing. This order (1) finds that Cal-Am: (a) failed to comply with the requirements of Order 95-10, and (b) is in violation of Water Code section 1052; and (2) issues a cease and desist order (CDO).
CONCLUSIONS
Order 95-10 does not authorize Cal-Am to divert water from the Carmel River in excess of its water rights, and Cal-Am is illegally diverting water from the Carmel River in violation of Order 95-10 and Water Code section 1052. The doctrines of res judicata and collateral estoppel are not a bar to the State Water Board’s adoption of a CDO.
Condition 2 of the Order 95-10 requires Cal-Am to diligently implement actions to terminate its unlawful diversions. Cal-Am has diverted an average of 7,602 afa from the river without a basis of right for the past 14 years, and in the roughly 10-year period since it achieved the 20 percent reduction required by Condition 3 of Order 95-10, Cal-Am has not made any meaningful progress toward reducing the amount of its unlawful diversions. Further, Cal-Am has not diligently implemented smaller water supply projects that could have enabled Cal-Am to reduce its illegal diversion from the river and to alleviate the serious condition affecting the survival of steelhead.
Thus, Cal-Am has not diligently implemented actions to terminate its unlawful diversions under Condition 2. Cal-Am’s only action reducing its illegal diversions has been the work done on two projects yielding small amounts of water: the ASR project and the Sand City Desalinization Plant. Significantly, these projects are in place due largely to the efforts made by other agencies, i.e., MPWMD and the City of Sand City.
The lower 6.5 miles of the riverbed are dry for five to six months of each year, due primarily to Cal-Am’s diversions.44 Cal-Am’s diversions from the river continue to have an adverse effect on the fish, wildlife and riparian habitat of the river, including the threatened steelhead. Since the adoption of Order 95-10, the California Central Coast steelhead has been declared as threatened under the Endangered Species Act, and the Carmel River has been declared as critical habitat for the survival of the steelhead.
The adjudication of the Seaside groundwater basin will decrease the supply of water available to supply Cal-Am’s customers by 417 af in 2009, or by about 2.8 percent of the available supply. Other projects or regulatory actions can make additional water available to Cal-Am, including: (1) the Phase I and II ASR project; (2) the City of Sand City Desalinization Project; (3) the development of temporary small water supply projects (4) the reduction of system losses within the Cal-Am distribution system; (5) the retrofit program; (6) reducing the use of potable water for outdoor irrigation; and (7) other measures to reduce consumer demand for potable water.
MPWMD's water allocation program sets aside water for growth within the limits of the supply of water available within its jurisdiction. MPWMD views water illegally diverted from the river by Cal-Am as available water supply for growth. Because water has been available for growth, the peninsula cities and their residents have had little incentive to support or pay for a project or projects to obtain a legal supply of water that can be substituted for the illegal diversions from the river.
In consideration of the foregoing, we conclude that Cal-Am should be prohibited from further degrading conditions in the river by diverting water from the river for new service connections, and that Cal-Am should be required to reduce the amount of water being diverted from the river to serve existing service connections.45 In reaching this conclusion, we are particularly mindful that (a) the lower 6.5 miles of the Carmel River bed are dry for 5 to 6 months of each year, (b) the steelhead is a threatened species, (c) the river has been declared to be critical habitat for the steelhead, and (d) the earliest date which Cal-Am’s illegal diversions may be brought to an end is 2016, some 21 years after the adoption of Order 95-10.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT Cal-Am shall cease and desist from the unauthorized diversion of water from the Carmel River in accordance with the following schedule and conditions.
1. Cal-Am shall diligently implement actions to terminate its unlawful diversions from the Carmel River and shall terminate all unlawful diversions from the river no later than December 31, 2016.
2. Cal-Am shall not divert water from the Carmel River for new service connections or for any increased use of water at existing service addresses resulting from a change in zoning or use. Cal-Am may supply water from the river for new service connections or for any increased use at existing service addresses resulting from a change in zoning or use after October 20, 2009, provided that any such service had obtained all necessary written approvals required for project construction and connection to Cal-Am’s water system prior to that date.
3. At a minimum, Cal-Am shall adjust its diversions from the Carmel River in accordance with the following:
a. Commencing on October 1, 2009,48 Cal-Am shall not divert more water from the river than the base of 10,978 afa,49 as adjusted by the following:
(1) Immediate Reduction: Commencing on October 1, 2009, Cal-Am shall reduce diversions from the river by 5 percent, or 549 afa.
(2) Annual Reductions: Commencing on October 1, 2011, the base shall be further reduced by 121 afa per year through savings that will accrue from reduced system losses, the retrofit program, the reduction of potable water used for outdoor irrigation, demand reduction and similar measures. The 121 af reduction shall be cumulative. For example, 121 af shall be reduced in the first year and 242 af shall be reduced in the second year. Commencing on October 1, 2015, annual reductions shall increase to 242 af per year. The 242 af per year reduction shall also be cumulative. Annual reductions shall continue until all unlawful Cal-Am diversions from the river have been terminated.
(3) ASR Project: The amount of water diverted to underground storage under Permit 20808A (Application 27614A) as of May 31 of each year and which will be supplied to Cal-Am customers after that date shall be subtracted from the base.50 On June 1 of each year, Cal-Am shall submit an operating plan to the Deputy Director for Water Rights specifying the quantity of water it intends to supply from ASR Project for its customers after May 1 of each year. Water pumped from the project for delivery to customers should be consistent with the requirements of paragraph “c” below.
(4) Sand City Desalination Plant: Once the Sand City Desalinization Plant becomes operational, 94 af shall be subtracted from the base. In addition, based on actual production from the plant, any other water that is produced and not served to persons residing within the City of Sand City shall be subtracted from the base amount for each water year.
(5) Small Projects: Water produced from new sources developed pursuant to Condition 4 of this order shall be subtracted from the base.
(6) Pebble Beach: Within 90 days following adoption of the order, the Pebble Beach Company shall certify, under penalty of perjury, the total quantity of water annually used under its water entitlement from MPWMD (for the funding assurances provided for the construction and expansion of the CAWD-PBCSD wastewater reclamation project).51 Ten percent (10%) of the amount reported shall be added to the adjusted base to allow Cal-Am to divert water from the river to supply water for PBC water entitlements initiated in the following 12 months. Thereafter, the PBC shall annually submit, on September 30, a report to the Deputy Director for Water Rights accounting for any additional water that is diverted from the Carmel River as the result of an increased use of its MPWMD water entitlement. Increased diversions from the river by Cal-Am to satisfy PBC entitlements from MPWMD shall be added to the adjusted base, and are not subject to section 2 of this order. Water Diverted from the river by Cal-Am for PBC entitlements can only be served to properties that have received a PBC entitlement from MPWMD and which are located in the Cal-Am’s service area. Cal-Am shall not divert water from the Carmel River after December 31, 2016, to supply PBC’s water entitlement from MPWMD.
b. Either Cal-Am or the MPWMD may petition the State Water Board Deputy Director for Water Rights for relief from annual reductions imposed under condition 3., a (2). No relief shall be granted unless all of the following conditions are met: (a) Within 18 months of the adoption of this order, Cal-Am has imposed a moratorium on new service connections pursuant to Water Code section 350 or has obtained an order prohibiting new connections from the PUC pursuant to Public Utility Code section 2708 or MPWMD has imposed a moratorium on new service connections under its authority; (b) the demand for potable water by Cal-Am customers has been reduced by 13 percent;52 and (c) a showing is made that public health and safety will be threatened if relief is not granted. Any relief granted shall remain in effect only as long as (a) a prohibition on new service connections remains in effect, and (b) the 13 percent conservation requirement remains in effect.
c. ASR project water stored in the Seaside groundwater basin under Permit 20808A (Application 27614A) should be used to mitigate the effect of Cal-Am’s illegal diversions from the river. ASR water should be supplied to Cal-Am customers only during months when water is most needed in the river to preserve steelhead
Commencing no later than June 1 of each year, Cal-Am should use stored groundwater to supply the needs of its customers and reduce diversions from the river. Consistent with Cal-Am’s operating plan, water should be pumped from the groundwater basin at the maximum practicable rate for as long as possible. This condition shall apply to both Phase I and Phase II of the ASR project. The river’s habitat and fish may receive greater benefits from a substitution regime that differs from that called for by this condition, a regime requiring that substitution commence at a different date, at a different rate or be coordinated with the level of flow in the river. In addition, it may be desirable to hold stored water from one year to the next to assure that more water is available for the steelhead and its habitat in years when the potential for steelhead survival may be greater. Several substitution trials may be necessary to determine which regime will have the greatest benefit. The National Marine Fisheries Service and the California Department of Fish and Game are encouraged to negotiate different substitution regimes with Cal-Am. The State Water Board will honor such agreements, provided Cal-Am submits the written agreement to the Deputy Director for Water Rights no later than May 1 of each year and the written agreement is approved by the Deputy Director.
4.Cal-Am shall reduce its illegal diversions from the river at the same rate ASR Project water is pumped from the groundwater basin as long as stored water is available under the operating plan.
5.Cal-Am shall implement one or more small projects that, when taken together, total not less than 500 afa to reduce unlawful diversions from the river. Within 90 days of entry of this order, Cal-Am shall identify to the Deputy Director for Water Rights the projects that it will implement and shall implement the projects within 24 months of entry of this order. Cal-Am may petition the Deputy Director for additional time in which to implement the projects. However, no time extension shall be considered unless the petition is accompanied by detailed plans and time schedules for each project. Detailed justification shall be provided for additional time. Detailed justification shall be provided for any request for an extension to allow Cal-Am time to obtain prior approval from the PUC. To the maximum practicable extent, small projects shall be operated to reduce illegal diversions from the river during the months when surface flow in the river begins to go dry and through the months when surface flow in the river disappears below river mile 6.5.
6. Starting three months following adoption of this order, Cal-Am shall post quarterly reports on its website and file the quarterly reports with the Deputy Director for Water Rights. The quarterly reports shall include the following:
(a) Monthly summaries of the quantity of water it diverts from the river.
(b) Monthly summaries of the quantity of ASR project water diverted from the river under Permit 20808A and stored in the Seaside ground water basin. The monthly reporting shall also state the quantity of water beneficially used under Permit 20808A and the current balance of water in storage.
(c) Monthly summaries of the quantity of water being produced by the Sand City desalinization plant. The reporting shall identify new service connections within Sand City and thereafter report the quantity of water being delivered to the new connections. The monthly reports shall specify the quantity of water used to reduce diversions from the river during the reporting period.
(d) Monthly summaries of the quantity of water saved by reducing system losses.
(e) Monthly summaries of reductions in demand for potable water due to conservation actions such as increased water rates, MPWMD’s retrofit program, efforts to reduce potable water for outdoor water use and demand reduction initiatives.
(f) Monthly summaries identifying all new service connections. The report shall include the Cal-Am account number, the service address, the name of each authority granting any approval required for connecting to Cal-Am’s system and the name of each authority granting any approval required before commencing construction; the issuer of the each approval and the date of each approval shall be separately listed for each service address.
(g) Monthly summaries identifying existing service addresses that receive an increased supply of water due to a change in zoning or use. The report shall include Cal-Am account number, the service address and the name of each authority authorizing a change of use or of zoning and the date of such change.
(h) Each quarterly report submitted by Cal-Am shall be certified under penalty of perjury and shall include the following declaration: “I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this report and any accompanying documents are true and correct, with full knowledge that all statements make in this report are subject to investigation and that any false or dishonest statement may be grounds for prosecution.”
7.Starting six months after adoption of this order, Cal-Am shall file quarterly reports of its progress toward implementing Condition 3 (small project implementation) and note specifically any problems with its schedule of implementation.
8. The Deputy Director for Water Rights is authorized to modify the timing and the content of the reporting required by all of the provisions of this order to more effectively carry out the intent of this order.
9. Cal-Am shall comply with all requirements of Order 95-10, except as follows:
(a) Condition 1 of Order 95-10 is superseded by Condition 2 of this order.
(b) Condition 3(b) of Order 95-10 is superseded by Condition 2 of this order.
(c) The last sentence of Condition 4 is deleted because the Seaside groundwater basin watermaster will determine the manner in which water may be withdrawn from the groundwater basin.
(d) All other conditions of Order 95-10 shall remain in full force and effect until fully implemented.
10. The Deputy Director for Water Rights is directed to closely monitor Cal-Am’s compliance with Order 95-10 and this order. Appropriate action shall be taken to insure compliance with these orders including the issuance of additional cease and desist orders under Water Code section 1831, the imposition of administrative civil liability under Water Code section 1055, and referral to the Attorney General under Water Code section 1845 for injunctive relief and for civil liability. If additional enforcement action becomes necessary, the Deputy Director is directed to consider including in such actions all Cal-Am’s violations of Water Code section 1052 since the adoption of Order 95-10.
11. The conditions of this order and order 95-10 shall remain in effect until (a) Cal-Am certifies, with supporting documentation, that it has obtained a permanent supply of water that has been substituted for the water illegally diverted from the Carmel River and (b) the Deputy Director for Water Rights concurs, in writing, with the certification.
SWRCB CEASE AND DESIST ORDER 2009
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
ORDER WR 2009-0060
In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company
Parties
Water Rights Prosecution Team1
California American Water Company
Interested Parties
Monterey Peninsula Water Management District, City of Carmel by the Sea,
City of Seaside, Seaside Basin Watermaster, Pebble Beach Company,
Monterey County Hospitality Association, City of Monterey, City of Sand City, Division of Ratepayers Advocates of the California Public Utilities Commission, Public Trust Alliance, Carmel River Steelhead Association, Ventana Chapter of the Sierra Club, California Sportfishing Protection Alliance, Planning and Conservation League, California Salmon and Steelhead Association, National Marine Fisheries Service
SOURCE: Carmel River
COUNTY: Monterey
CEASE AND DESIST ORDER
[T]his site is upzoning to a high density residential. There will undoubtedly be an increase in water use at the site since 2005 when the hospital closed. Although the Monterey County Planning Department concluded that the baseline water use for the property could be based on historic use in 1988, the effective date of its Ordinance 3310, the State Water Board's Cease and Desist Order was issued in 2009 and is not restricted by the 1988 Ordinance. Therefore, if Cal-Am were to serve the new 46-unit residential condominiums with water from the Carmel River. Cal-Am would likely violate Condition 2 of the [Cease and Desist] order.
This is significant new information that was not evaluated in the environmental impact report. Because the project would likely violate the State's Cease and Desist Order, the project would have significant unevaluated and unmitigated impacts with regard to water.
The Commission should deny the project based on the lack of a legal water supply, in addition to the other significant reasons identified by the public and by public agencies." HIGHLIGHTS and the aforementioned letters et cetera, and the State’s Cease and Desist Order are embedded.
HIGHLIGHTS of SOCNC attorney Molly Erickson’s August 16, 2011 letter to Paul Getzelman, Chair, and Members of the Planning Commission:
Subject: SWRCB Position on Proposed Villas de Carmelo Subdivision Project
The State Water Resources Control Board reviewed the proposed Villas de Carmelo project. The State's August 10, 2011 letter states in key part as follows:
[T]his site is upzoning to a high density residential. There will undoubtedly be an increase in water use at the site since 2005 when the hospital closed. Although the Monterey County Planning Department concluded that the baseline water use for the property could be based on historic use in 1988, the effective date of its Ordinance 3310, the State Water Board's Cease and Desist Order was issued in 2009 and is not restricted by the 1988 Ordinance. Therefore, if Cal-Am were to serve the new 46-unit residential condominiums with water from the Carmel River. Cal-Am would likely violate Condition 2 of the [Cease and Desist] order.
This is significant new information that was not evaluated in the environmental impact report. Because the project would likely violate the State's Cease and Desist Order, the project would have significant unevaluated and unmitigated impacts with regard to water.
The State's position is that Cal Am cannot legally provide Carmel River water to the project. Without a legal water supply, the project cannot be approved.
The Commission should deny the project based on the lack of a legal water supply, in addition to the other significant reasons identified by the public and by public agencies.
HIGHLIGHTS of State Water Resources Control Board 10 August 2011 response to SOCNC attorney Molly Erickson’s July 8, 2011 letter regarding State Water Resources Control Board (State Water Board) Cease and Desist Order (Order) WR 2009-0060 as it pertains to Villas de Carmelo:
VILLAS DE CARMELO: A PROPOSED 46-CONDOMINIUM PROJECT WITHIN THE CAL-AM SERVICE AREA SUBJECT TO ORDER WR 2009-0060 IN MONTEREY COUNTY.
...this site is upzoning to a.high density residential. There will undoubtedly be an increase in water use at the site since 2005 when the hospital closed. Although the Monterey County Planning Department concluded that the baseline water use for the property could be based on historic use in 1988, the effective date of its Ordinance 3310, the State Water Board's Cease and Desist Order was issued in 2009 and is not restricted by the 1988 Ordinance. Therefore, if Cal-Am were to serve the new 46-unit residential condominiums with water from the Carmel River, Cal-Am would likely violate Condition 2 of the order.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT Cal-Am shall cease and desist from the unauthorized diversion of water from the Carmel River in accordance with the following schedule and conditions.
2. Cal-Am shall not divert water from the Carmel River for new service connections or for any increased use of water at existing service addresses resulting from a change in zoning or use. Cal-Am may supply water from the river for new service connections or for any increased use at existing service addresses resulting from a change in zoning or use after October 20, 2009, provided that any such service had obtained all necessary written approvals required for project construction and connection to Cal-Am's water system prior to that date.
SOCNC ltr to PC 11 08 16 re SWRCB position
SOCNC attorney Molly Erickson’s & State Water Resources Control Board Correspondence & Order Condition 2
HIGHLIGHTS of CEASE AND DESIST ORDER (INTRODUCTION, CONCLUSIONS & ORDER):
INTRODUCTION
The California American Water Company (Cal-Am or CAW) diverts water from the Carmel River in Monterey County. The water is used to supply the residential, municipal, and commercial needs of the Monterey Peninsula area (peninsula) communities. In 1995 the State Water Resources Control Board (State Water Board) adopted Order WR 95-10 (WR 95-10 ). Among other matters, the order found that Cal-Am was diverting about 10,730 acre feet per annum (afa) of water from the Carmel River without a valid basis of right and directed that Cal-Am should diligently implement actions to terminate its unlawful diversion. Alleging that 13 years after the adoption of Order 95-10 Cal-Am continues to divert about 7,150 afa from the river without a valid basis of right, the Prosecution Team (Prosecution Team or PT) seeks issuance of a cease and desist order under Water Code section 1831, subdivision (d). Cal-Am requested a hearing. This order (1) finds that Cal-Am: (a) failed to comply with the requirements of Order 95-10, and (b) is in violation of Water Code section 1052; and (2) issues a cease and desist order (CDO).
CONCLUSIONS
Order 95-10 does not authorize Cal-Am to divert water from the Carmel River in excess of its water rights, and Cal-Am is illegally diverting water from the Carmel River in violation of Order 95-10 and Water Code section 1052. The doctrines of res judicata and collateral estoppel are not a bar to the State Water Board’s adoption of a CDO.
Condition 2 of the Order 95-10 requires Cal-Am to diligently implement actions to terminate its unlawful diversions. Cal-Am has diverted an average of 7,602 afa from the river without a basis of right for the past 14 years, and in the roughly 10-year period since it achieved the 20 percent reduction required by Condition 3 of Order 95-10, Cal-Am has not made any meaningful progress toward reducing the amount of its unlawful diversions. Further, Cal-Am has not diligently implemented smaller water supply projects that could have enabled Cal-Am to reduce its illegal diversion from the river and to alleviate the serious condition affecting the survival of steelhead.
Thus, Cal-Am has not diligently implemented actions to terminate its unlawful diversions under Condition 2. Cal-Am’s only action reducing its illegal diversions has been the work done on two projects yielding small amounts of water: the ASR project and the Sand City Desalinization Plant. Significantly, these projects are in place due largely to the efforts made by other agencies, i.e., MPWMD and the City of Sand City.
The lower 6.5 miles of the riverbed are dry for five to six months of each year, due primarily to Cal-Am’s diversions.44 Cal-Am’s diversions from the river continue to have an adverse effect on the fish, wildlife and riparian habitat of the river, including the threatened steelhead. Since the adoption of Order 95-10, the California Central Coast steelhead has been declared as threatened under the Endangered Species Act, and the Carmel River has been declared as critical habitat for the survival of the steelhead.
The adjudication of the Seaside groundwater basin will decrease the supply of water available to supply Cal-Am’s customers by 417 af in 2009, or by about 2.8 percent of the available supply. Other projects or regulatory actions can make additional water available to Cal-Am, including: (1) the Phase I and II ASR project; (2) the City of Sand City Desalinization Project; (3) the development of temporary small water supply projects (4) the reduction of system losses within the Cal-Am distribution system; (5) the retrofit program; (6) reducing the use of potable water for outdoor irrigation; and (7) other measures to reduce consumer demand for potable water.
MPWMD's water allocation program sets aside water for growth within the limits of the supply of water available within its jurisdiction. MPWMD views water illegally diverted from the river by Cal-Am as available water supply for growth. Because water has been available for growth, the peninsula cities and their residents have had little incentive to support or pay for a project or projects to obtain a legal supply of water that can be substituted for the illegal diversions from the river.
In consideration of the foregoing, we conclude that Cal-Am should be prohibited from further degrading conditions in the river by diverting water from the river for new service connections, and that Cal-Am should be required to reduce the amount of water being diverted from the river to serve existing service connections.45 In reaching this conclusion, we are particularly mindful that (a) the lower 6.5 miles of the Carmel River bed are dry for 5 to 6 months of each year, (b) the steelhead is a threatened species, (c) the river has been declared to be critical habitat for the steelhead, and (d) the earliest date which Cal-Am’s illegal diversions may be brought to an end is 2016, some 21 years after the adoption of Order 95-10.
ORDER
NOW, THEREFORE, IT IS ORDERED THAT Cal-Am shall cease and desist from the unauthorized diversion of water from the Carmel River in accordance with the following schedule and conditions.
1. Cal-Am shall diligently implement actions to terminate its unlawful diversions from the Carmel River and shall terminate all unlawful diversions from the river no later than December 31, 2016.
2. Cal-Am shall not divert water from the Carmel River for new service connections or for any increased use of water at existing service addresses resulting from a change in zoning or use. Cal-Am may supply water from the river for new service connections or for any increased use at existing service addresses resulting from a change in zoning or use after October 20, 2009, provided that any such service had obtained all necessary written approvals required for project construction and connection to Cal-Am’s water system prior to that date.
3. At a minimum, Cal-Am shall adjust its diversions from the Carmel River in accordance with the following:
a. Commencing on October 1, 2009,48 Cal-Am shall not divert more water from the river than the base of 10,978 afa,49 as adjusted by the following:
(1) Immediate Reduction: Commencing on October 1, 2009, Cal-Am shall reduce diversions from the river by 5 percent, or 549 afa.
(2) Annual Reductions: Commencing on October 1, 2011, the base shall be further reduced by 121 afa per year through savings that will accrue from reduced system losses, the retrofit program, the reduction of potable water used for outdoor irrigation, demand reduction and similar measures. The 121 af reduction shall be cumulative. For example, 121 af shall be reduced in the first year and 242 af shall be reduced in the second year. Commencing on October 1, 2015, annual reductions shall increase to 242 af per year. The 242 af per year reduction shall also be cumulative. Annual reductions shall continue until all unlawful Cal-Am diversions from the river have been terminated.
(3) ASR Project: The amount of water diverted to underground storage under Permit 20808A (Application 27614A) as of May 31 of each year and which will be supplied to Cal-Am customers after that date shall be subtracted from the base.50 On June 1 of each year, Cal-Am shall submit an operating plan to the Deputy Director for Water Rights specifying the quantity of water it intends to supply from ASR Project for its customers after May 1 of each year. Water pumped from the project for delivery to customers should be consistent with the requirements of paragraph “c” below.
(4) Sand City Desalination Plant: Once the Sand City Desalinization Plant becomes operational, 94 af shall be subtracted from the base. In addition, based on actual production from the plant, any other water that is produced and not served to persons residing within the City of Sand City shall be subtracted from the base amount for each water year.
(5) Small Projects: Water produced from new sources developed pursuant to Condition 4 of this order shall be subtracted from the base.
(6) Pebble Beach: Within 90 days following adoption of the order, the Pebble Beach Company shall certify, under penalty of perjury, the total quantity of water annually used under its water entitlement from MPWMD (for the funding assurances provided for the construction and expansion of the CAWD-PBCSD wastewater reclamation project).51 Ten percent (10%) of the amount reported shall be added to the adjusted base to allow Cal-Am to divert water from the river to supply water for PBC water entitlements initiated in the following 12 months. Thereafter, the PBC shall annually submit, on September 30, a report to the Deputy Director for Water Rights accounting for any additional water that is diverted from the Carmel River as the result of an increased use of its MPWMD water entitlement. Increased diversions from the river by Cal-Am to satisfy PBC entitlements from MPWMD shall be added to the adjusted base, and are not subject to section 2 of this order. Water Diverted from the river by Cal-Am for PBC entitlements can only be served to properties that have received a PBC entitlement from MPWMD and which are located in the Cal-Am’s service area. Cal-Am shall not divert water from the Carmel River after December 31, 2016, to supply PBC’s water entitlement from MPWMD.
b. Either Cal-Am or the MPWMD may petition the State Water Board Deputy Director for Water Rights for relief from annual reductions imposed under condition 3., a (2). No relief shall be granted unless all of the following conditions are met: (a) Within 18 months of the adoption of this order, Cal-Am has imposed a moratorium on new service connections pursuant to Water Code section 350 or has obtained an order prohibiting new connections from the PUC pursuant to Public Utility Code section 2708 or MPWMD has imposed a moratorium on new service connections under its authority; (b) the demand for potable water by Cal-Am customers has been reduced by 13 percent;52 and (c) a showing is made that public health and safety will be threatened if relief is not granted. Any relief granted shall remain in effect only as long as (a) a prohibition on new service connections remains in effect, and (b) the 13 percent conservation requirement remains in effect.
c. ASR project water stored in the Seaside groundwater basin under Permit 20808A (Application 27614A) should be used to mitigate the effect of Cal-Am’s illegal diversions from the river. ASR water should be supplied to Cal-Am customers only during months when water is most needed in the river to preserve steelhead
Commencing no later than June 1 of each year, Cal-Am should use stored groundwater to supply the needs of its customers and reduce diversions from the river. Consistent with Cal-Am’s operating plan, water should be pumped from the groundwater basin at the maximum practicable rate for as long as possible. This condition shall apply to both Phase I and Phase II of the ASR project. The river’s habitat and fish may receive greater benefits from a substitution regime that differs from that called for by this condition, a regime requiring that substitution commence at a different date, at a different rate or be coordinated with the level of flow in the river. In addition, it may be desirable to hold stored water from one year to the next to assure that more water is available for the steelhead and its habitat in years when the potential for steelhead survival may be greater. Several substitution trials may be necessary to determine which regime will have the greatest benefit. The National Marine Fisheries Service and the California Department of Fish and Game are encouraged to negotiate different substitution regimes with Cal-Am. The State Water Board will honor such agreements, provided Cal-Am submits the written agreement to the Deputy Director for Water Rights no later than May 1 of each year and the written agreement is approved by the Deputy Director.
4.Cal-Am shall reduce its illegal diversions from the river at the same rate ASR Project water is pumped from the groundwater basin as long as stored water is available under the operating plan.
5.Cal-Am shall implement one or more small projects that, when taken together, total not less than 500 afa to reduce unlawful diversions from the river. Within 90 days of entry of this order, Cal-Am shall identify to the Deputy Director for Water Rights the projects that it will implement and shall implement the projects within 24 months of entry of this order. Cal-Am may petition the Deputy Director for additional time in which to implement the projects. However, no time extension shall be considered unless the petition is accompanied by detailed plans and time schedules for each project. Detailed justification shall be provided for additional time. Detailed justification shall be provided for any request for an extension to allow Cal-Am time to obtain prior approval from the PUC. To the maximum practicable extent, small projects shall be operated to reduce illegal diversions from the river during the months when surface flow in the river begins to go dry and through the months when surface flow in the river disappears below river mile 6.5.
6. Starting three months following adoption of this order, Cal-Am shall post quarterly reports on its website and file the quarterly reports with the Deputy Director for Water Rights. The quarterly reports shall include the following:
(a) Monthly summaries of the quantity of water it diverts from the river.
(b) Monthly summaries of the quantity of ASR project water diverted from the river under Permit 20808A and stored in the Seaside ground water basin. The monthly reporting shall also state the quantity of water beneficially used under Permit 20808A and the current balance of water in storage.
(c) Monthly summaries of the quantity of water being produced by the Sand City desalinization plant. The reporting shall identify new service connections within Sand City and thereafter report the quantity of water being delivered to the new connections. The monthly reports shall specify the quantity of water used to reduce diversions from the river during the reporting period.
(d) Monthly summaries of the quantity of water saved by reducing system losses.
(e) Monthly summaries of reductions in demand for potable water due to conservation actions such as increased water rates, MPWMD’s retrofit program, efforts to reduce potable water for outdoor water use and demand reduction initiatives.
(f) Monthly summaries identifying all new service connections. The report shall include the Cal-Am account number, the service address, the name of each authority granting any approval required for connecting to Cal-Am’s system and the name of each authority granting any approval required before commencing construction; the issuer of the each approval and the date of each approval shall be separately listed for each service address.
(g) Monthly summaries identifying existing service addresses that receive an increased supply of water due to a change in zoning or use. The report shall include Cal-Am account number, the service address and the name of each authority authorizing a change of use or of zoning and the date of such change.
(h) Each quarterly report submitted by Cal-Am shall be certified under penalty of perjury and shall include the following declaration: “I declare under penalty of perjury, under the laws of the State of California, that all statements contained in this report and any accompanying documents are true and correct, with full knowledge that all statements make in this report are subject to investigation and that any false or dishonest statement may be grounds for prosecution.”
7.Starting six months after adoption of this order, Cal-Am shall file quarterly reports of its progress toward implementing Condition 3 (small project implementation) and note specifically any problems with its schedule of implementation.
8. The Deputy Director for Water Rights is authorized to modify the timing and the content of the reporting required by all of the provisions of this order to more effectively carry out the intent of this order.
9. Cal-Am shall comply with all requirements of Order 95-10, except as follows:
(a) Condition 1 of Order 95-10 is superseded by Condition 2 of this order.
(b) Condition 3(b) of Order 95-10 is superseded by Condition 2 of this order.
(c) The last sentence of Condition 4 is deleted because the Seaside groundwater basin watermaster will determine the manner in which water may be withdrawn from the groundwater basin.
(d) All other conditions of Order 95-10 shall remain in full force and effect until fully implemented.
10. The Deputy Director for Water Rights is directed to closely monitor Cal-Am’s compliance with Order 95-10 and this order. Appropriate action shall be taken to insure compliance with these orders including the issuance of additional cease and desist orders under Water Code section 1831, the imposition of administrative civil liability under Water Code section 1055, and referral to the Attorney General under Water Code section 1845 for injunctive relief and for civil liability. If additional enforcement action becomes necessary, the Deputy Director is directed to consider including in such actions all Cal-Am’s violations of Water Code section 1052 since the adoption of Order 95-10.
11. The conditions of this order and order 95-10 shall remain in effect until (a) Cal-Am certifies, with supporting documentation, that it has obtained a permanent supply of water that has been substituted for the water illegally diverted from the Carmel River and (b) the Deputy Director for Water Rights concurs, in writing, with the certification.
SWRCB CEASE AND DESIST ORDER 2009
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
ORDER WR 2009-0060
In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company
Parties
Water Rights Prosecution Team1
California American Water Company
Interested Parties
Monterey Peninsula Water Management District, City of Carmel by the Sea,
City of Seaside, Seaside Basin Watermaster, Pebble Beach Company,
Monterey County Hospitality Association, City of Monterey, City of Sand City, Division of Ratepayers Advocates of the California Public Utilities Commission, Public Trust Alliance, Carmel River Steelhead Association, Ventana Chapter of the Sierra Club, California Sportfishing Protection Alliance, Planning and Conservation League, California Salmon and Steelhead Association, National Marine Fisheries Service
SOURCE: Carmel River
COUNTY: Monterey
CEASE AND DESIST ORDER
Thursday, August 25, 2011
MONTEREY BAY REGIONAL DESALINATION PROJECT (RDP) TIMELINE (March 2010 – August 2011)
ABSTRACT: An abbreviated version of the MONTEREY BAY REGIONAL DESALINATION PROJECT (RDP) TIMELINE from March 2010 to August 2011 is presented based on “A RIVER RE-RUNS THROUGH IT,” Kera Abraham, MONTEREY COUNTY WEEKLY, August 25, 2011. An ADDENDUM consisting of links to “A RIVER RE-RUNS THROUGH IT” and related articles and embedded Remcho Report and Markham Report is provided.
TIMELINE FOR REGIONAL DESALINATION PROJECT (RDP):
March 2010:
• California American Water (Cal-Am), Monterey County Water Resources Agency (MCWRA) and Marina Coast Water District (MCWD) release the water purchase and settlement agreements, detailing their partnership in the Regional Desalination Project (RDP).
• State Division of Ratepayer Advocates and Monterey Peninsula Water Management District object about RDP’s cost and governance, which excludes Cal Am’s Peninsula-area ratepayers.
April 2010:
• The Courts put the State Water Resources Control Board’s Cease-and-Desist Order is effect; the Order sets a phased schedule for Cal Am to end illegal diversions of approximately 10,500 acre-feet of Carmel River water by the end of 2016.
• Ag Land Trust files a lawsuit against the Project partners, challenging their legal right to pump coastal water what could impact the Salinas Valley Basin; trial set for September 29.
June 2010:
• Public hearings held in Seaside and Monterey on the RDP.
September 2010:
• WaterPlus, a new ratepayer advocacy group, calls for a public buyout of Cal Am.
November 2010:
• Moss Landing Water, a private desalination venture, proposes to draw deep water from the Monterey Submarine Canyon and desalinate it for Cal-Am customers at a fraction of the RDP’s costs.
December 2010:
• California Public Utilities Commission (CPUC) approves the agreements governing the $400 million RDP, including approximately $300 million for the desalination facilities in Marina and approximately $100 million for Cal Am’s pipeline to the Peninsula.
January 2011:
• CPUC approves the moratorium after a judge allows Cal-Am to stop new water hookups on the Peninsula effectively stopping redevelopment projects in Seaside and Monterey until a new water source in developed.
• Investment bank Wedbush Securities states the RDP is a risky investment, in part because “the financial risk falls directly on Cal-Am ratepayers, with little recourse to the public project owner-operators.”
March 2011:
• MCWRA Board Director Steve Collins recused himself from voting on the $28 million contract with RMC Engineering to manage the RDP; Collin’s financial disclosure form reveals $160,000 in consulting fees from RMC while serving on the board and voting on issues related to the RDP.
April 2011:
• Steve Collins resigns from the MCWRA board after 16 years while denying allegations of conflict of interest. The County Board of Supervisors launches an independent investigation of Collins’ conduct.
• MPWMD officials begin discussions with the Naval Postgraduate School about the potential to build a smaller desalination plant in Monterey.
May 2011:
• The State’s Fair Political Practices Commission (FPPC) begins an investigation into Collin’s possible violation of Government Code 1090, which prohibits public officials from making contract deals in which they have financial interest. Later, the Monterey County District Attorney’s office is working with the FPPC to investigate Collins.
June 2011:
• The Board of Supervisors releases the “Remcho Report,” representing partial findings of an independent investigation into the Collins matter. A finding claims that RMC paid Collins for his official work as an MCWRA director; that finding puts the validity of the RDP agreements in doubt.
July 2011:
• Marina Coast releases the “Markman Report,” its investigation into the Collins’ matter. Collins claimed Supervisors Calcagno and Potter asked him to push for the RP and the Supervisors knew of his RMC consulting work. Supervisors Calcagno and Potter deny any prior knowledge that Collins was on RMC’s payroll.
• Cal Am President Robert MacLean writes to MCWRA General Manager Curtis Weeks notifying MCWRA of their failure to obtain project financing by the deadline.
• MCWRA considers the water purchase agreement void because of Collins’ alleged conflict of interest.
• Marina Coast maintained that the RDP agreement is valid and rejects MCWRA’s calls for dispute resolution.
August 2011:
• RDP partners ask the California Coastal Commission for permission to test a slant well as a potential source of brackish water for the desalination plant. The Commission unanimously agrees to delay any decision until the Collins matter and the pending Ag Land Trust lawsuit are resolved.
• Cal Am notifies MCWRA and Marina Coast that they’re in default because they haven’t secured the RDP’s financing on time and calls for dispute resolutions giving the project partners 90 days to remedy situation or proceed with mediation.
• The California Superior Court holds a case management conference on Cal Am and MPWMD’s appeal of the State Water Boards Cease-and-Desist Order.
Source: A River Re-Runs Through It
Get current with the Regional Desalination Project drama series.
By Kera Abraham
Thursday, August 25, 2011
ADDENDUM:
The Regional Desal Project for Dummies
If you don’t follow the Peninsula’s wonky water saga, think of it as our own ridiculous reality show.
By Kera Abraham
Thursday, August 25, 2011
Water, Logged: The Weekly's Desal Project Coverage
Archive, June 2004 – August 2011
Remcho Report 6-21-11
SUMMARY OF PRELIMINARY FINDINGS REGARDING DIRECTOR STEPHEN COLLINS’ BUSINESS RELATIONSHIP WITH RMC WATER AND ENVIRONMENT AND MARINA COAST WATER DISTRICT (Remcho Report)
Markman Preliminary Report on Conflict of Interest and Impact on Validity of Contracts 07-01-2011
“PRELIMINARY REPORT ON CONFLICTS OF INTEREST IN THE PROCESSING AND APPROVAL OF THE REGIONAL DESALINATION PROJECT CONTRACTS, AND THE INPACT OF ANY CONFLICT ON THE BALIDITY OF THE CONTRACTS” (Markham Report)
TIMELINE FOR REGIONAL DESALINATION PROJECT (RDP):
March 2010:
• California American Water (Cal-Am), Monterey County Water Resources Agency (MCWRA) and Marina Coast Water District (MCWD) release the water purchase and settlement agreements, detailing their partnership in the Regional Desalination Project (RDP).
• State Division of Ratepayer Advocates and Monterey Peninsula Water Management District object about RDP’s cost and governance, which excludes Cal Am’s Peninsula-area ratepayers.
April 2010:
• The Courts put the State Water Resources Control Board’s Cease-and-Desist Order is effect; the Order sets a phased schedule for Cal Am to end illegal diversions of approximately 10,500 acre-feet of Carmel River water by the end of 2016.
• Ag Land Trust files a lawsuit against the Project partners, challenging their legal right to pump coastal water what could impact the Salinas Valley Basin; trial set for September 29.
June 2010:
• Public hearings held in Seaside and Monterey on the RDP.
September 2010:
• WaterPlus, a new ratepayer advocacy group, calls for a public buyout of Cal Am.
November 2010:
• Moss Landing Water, a private desalination venture, proposes to draw deep water from the Monterey Submarine Canyon and desalinate it for Cal-Am customers at a fraction of the RDP’s costs.
December 2010:
• California Public Utilities Commission (CPUC) approves the agreements governing the $400 million RDP, including approximately $300 million for the desalination facilities in Marina and approximately $100 million for Cal Am’s pipeline to the Peninsula.
January 2011:
• CPUC approves the moratorium after a judge allows Cal-Am to stop new water hookups on the Peninsula effectively stopping redevelopment projects in Seaside and Monterey until a new water source in developed.
• Investment bank Wedbush Securities states the RDP is a risky investment, in part because “the financial risk falls directly on Cal-Am ratepayers, with little recourse to the public project owner-operators.”
March 2011:
• MCWRA Board Director Steve Collins recused himself from voting on the $28 million contract with RMC Engineering to manage the RDP; Collin’s financial disclosure form reveals $160,000 in consulting fees from RMC while serving on the board and voting on issues related to the RDP.
April 2011:
• Steve Collins resigns from the MCWRA board after 16 years while denying allegations of conflict of interest. The County Board of Supervisors launches an independent investigation of Collins’ conduct.
• MPWMD officials begin discussions with the Naval Postgraduate School about the potential to build a smaller desalination plant in Monterey.
May 2011:
• The State’s Fair Political Practices Commission (FPPC) begins an investigation into Collin’s possible violation of Government Code 1090, which prohibits public officials from making contract deals in which they have financial interest. Later, the Monterey County District Attorney’s office is working with the FPPC to investigate Collins.
June 2011:
• The Board of Supervisors releases the “Remcho Report,” representing partial findings of an independent investigation into the Collins matter. A finding claims that RMC paid Collins for his official work as an MCWRA director; that finding puts the validity of the RDP agreements in doubt.
July 2011:
• Marina Coast releases the “Markman Report,” its investigation into the Collins’ matter. Collins claimed Supervisors Calcagno and Potter asked him to push for the RP and the Supervisors knew of his RMC consulting work. Supervisors Calcagno and Potter deny any prior knowledge that Collins was on RMC’s payroll.
• Cal Am President Robert MacLean writes to MCWRA General Manager Curtis Weeks notifying MCWRA of their failure to obtain project financing by the deadline.
• MCWRA considers the water purchase agreement void because of Collins’ alleged conflict of interest.
• Marina Coast maintained that the RDP agreement is valid and rejects MCWRA’s calls for dispute resolution.
August 2011:
• RDP partners ask the California Coastal Commission for permission to test a slant well as a potential source of brackish water for the desalination plant. The Commission unanimously agrees to delay any decision until the Collins matter and the pending Ag Land Trust lawsuit are resolved.
• Cal Am notifies MCWRA and Marina Coast that they’re in default because they haven’t secured the RDP’s financing on time and calls for dispute resolutions giving the project partners 90 days to remedy situation or proceed with mediation.
• The California Superior Court holds a case management conference on Cal Am and MPWMD’s appeal of the State Water Boards Cease-and-Desist Order.
Source: A River Re-Runs Through It
Get current with the Regional Desalination Project drama series.
By Kera Abraham
Thursday, August 25, 2011
ADDENDUM:
The Regional Desal Project for Dummies
If you don’t follow the Peninsula’s wonky water saga, think of it as our own ridiculous reality show.
By Kera Abraham
Thursday, August 25, 2011
Water, Logged: The Weekly's Desal Project Coverage
Archive, June 2004 – August 2011
Remcho Report 6-21-11
SUMMARY OF PRELIMINARY FINDINGS REGARDING DIRECTOR STEPHEN COLLINS’ BUSINESS RELATIONSHIP WITH RMC WATER AND ENVIRONMENT AND MARINA COAST WATER DISTRICT (Remcho Report)
Markman Preliminary Report on Conflict of Interest and Impact on Validity of Contracts 07-01-2011
“PRELIMINARY REPORT ON CONFLICTS OF INTEREST IN THE PROCESSING AND APPROVAL OF THE REGIONAL DESALINATION PROJECT CONTRACTS, AND THE INPACT OF ANY CONFLICT ON THE BALIDITY OF THE CONTRACTS” (Markham Report)
Monterey Bay Regional Desalination Project: Regional Desalination Project Description, Desalination Plant Site Plan, Conceptual Level Financing Plan, REGIONAL DESALINATION PROJECT MANAGEMENT AGREEMENT, SETTLEMENT AGREEMENT, WATER PURCHASE AGREEMENT & SWRCB CEASE AND DESIST ORDER
ABSTRACT: Pertinent documents regarding the Regional Desalination Project, including Regional Desalination Project Description, Desalination Plant Site Plan, Conceptual Level Financing Plan, REGIONAL DESALINATION PROJECT MANAGEMENT AGREEMENT, SETTLEMENT AGREEMENT, WATER PURCHASE AGREEMENT and STATE WATER RESOURCES CONTROL BOARD (SWRCB) CEASE AND DESIST ORDER, are embedded.
Regional Desalination Project Description February 2011
Regional Desalination Project Description
DRAFT- Desalination Plant Site Plan _July 2011_
Desalination Plant Site Plan
Conceptual Level Financing Plan _June 28_ 2011_
Conceptual Level Financing Plan
Project Management Agreement Regional Desalination Project
REGIONAL DESALINATION PROJECT MANAGEMENT AGREEMENT
Settlement Agreement Regional Desalination Project
SETTLEMENT AGREEMENT BY AND AMONG CALIFORNIA-AMERICAN WATER COMPANY, MARINA COAST WATER DISTRICT, MONTEREY COUNTY WATER RESOURCES AGENDY, MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY, PUBLIC TRUST ALLIANCE, AND SURFRIDER FOUNDATION
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
(Filed September 2004, Amended July 2005)
Water Purchase Agreement Regional Desalination Project
WATER PURCHASE AGREEMENT
By and Among MARINA COAST WATER DISTRICT, MONTEREY COUNTY WATER RESOURCES AGENCY And CALIFORNIA-AMERICAN WATER COMPANY
Dated April 6, 2010
SWRCB CEASE AND DESIST ORDER 2009
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
ORDER WR 2009-0060
In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company
Parties
Water Rights Prosecution Team1
California American Water Company
Interested Parties
Monterey Peninsula Water Management District, City of Carmel by the Sea,
City of Seaside, Seaside Basin Watermaster, Pebble Beach Company,
Monterey County Hospitality Association, City of Monterey, City of Sand City, Division of Ratepayers Advocates of the California Public Utilities Commission, Public Trust Alliance, Carmel River Steelhead Association,
Ventana Chapter of the Sierra Club, California Sportfishing Protection Alliance, Planning and Conservation League, California Salmon and Steelhead Association, National Marine Fisheries Service
SOURCE: Carmel River
COUNTY: Monterey
CEASE AND DESIST ORDER
ADDENDUM:
Project History
CAW Monterey District Service Area Background
MCWD Ord Community Service Area Background
Development of the Regional Desalination Project
Regional Desalination Project Description February 2011
Regional Desalination Project Description
DRAFT- Desalination Plant Site Plan _July 2011_
Desalination Plant Site Plan
Conceptual Level Financing Plan _June 28_ 2011_
Conceptual Level Financing Plan
Project Management Agreement Regional Desalination Project
REGIONAL DESALINATION PROJECT MANAGEMENT AGREEMENT
Settlement Agreement Regional Desalination Project
SETTLEMENT AGREEMENT BY AND AMONG CALIFORNIA-AMERICAN WATER COMPANY, MARINA COAST WATER DISTRICT, MONTEREY COUNTY WATER RESOURCES AGENDY, MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY, PUBLIC TRUST ALLIANCE, AND SURFRIDER FOUNDATION
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
(Filed September 2004, Amended July 2005)
Water Purchase Agreement Regional Desalination Project
WATER PURCHASE AGREEMENT
By and Among MARINA COAST WATER DISTRICT, MONTEREY COUNTY WATER RESOURCES AGENCY And CALIFORNIA-AMERICAN WATER COMPANY
Dated April 6, 2010
SWRCB CEASE AND DESIST ORDER 2009
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
ORDER WR 2009-0060
In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company
Parties
Water Rights Prosecution Team1
California American Water Company
Interested Parties
Monterey Peninsula Water Management District, City of Carmel by the Sea,
City of Seaside, Seaside Basin Watermaster, Pebble Beach Company,
Monterey County Hospitality Association, City of Monterey, City of Sand City, Division of Ratepayers Advocates of the California Public Utilities Commission, Public Trust Alliance, Carmel River Steelhead Association,
Ventana Chapter of the Sierra Club, California Sportfishing Protection Alliance, Planning and Conservation League, California Salmon and Steelhead Association, National Marine Fisheries Service
SOURCE: Carmel River
COUNTY: Monterey
CEASE AND DESIST ORDER
ADDENDUM:
Project History
CAW Monterey District Service Area Background
MCWD Ord Community Service Area Background
Development of the Regional Desalination Project
Sunday, August 21, 2011
City Council Closed Session: Consider the Appointment of a City Administrator
UPDATE: Tomorrow, Saturday, August 27, 2011 at 9:00 A.M. at City Hall, the City Council is scheduled to meet in Closed Session "to consider the appointment of a City Administrator." Announcement in Open Session (if any).
ABSTRACT: Tomorrow, Monday, August 22, 2011, the City Council is scheduled to meet in Closed Session “to consider the appointment of a City Administrator." The text of the Agenda is reproduced.
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session
Monday, August 22, 2011 – 5:00 p.m.
City Hall
East side of Monte Verde Street between Ocean and 7th Avenue
Carmel-by-the-Sea, California
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 Appointment – Gov’t. Code Section 54957, Title: City Administrator.
City Council will meet to consider the appointment of a City Administrator.
III. Announcement in Open Session (if any).
IV. Adjournment
ABSTRACT: Tomorrow, Monday, August 22, 2011, the City Council is scheduled to meet in Closed Session “to consider the appointment of a City Administrator." The text of the Agenda is reproduced.
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session
Monday, August 22, 2011 – 5:00 p.m.
City Hall
East side of Monte Verde Street between Ocean and 7th Avenue
Carmel-by-the-Sea, California
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 Appointment – Gov’t. Code Section 54957, Title: City Administrator.
City Council will meet to consider the appointment of a City Administrator.
III. Announcement in Open Session (if any).
IV. Adjournment
Carmel Ideas Foundation Presents THE CARMEL AUTHORS & IDEAS FESTIVAL (September 23-25, 2011)
ABSTRACT: THE CARMEL AUTHORS & IDEAS FESTIVAL, founded by Cynthia and Jim McGillen, is scheduled for Friday, September 23 – Sunday 25, 2011. Information about the CARMEL IDEAS FOUNDATION, whose purpose is “to present the Annual Carmel Authors & Ideas Festival,” is presented. Participants are featured with links to their respective websites.
CARMEL IDEAS FOUNDATION
STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS
THE PURPOSE OF THE ORGANIZATION IS TO PRESENT THE ANNUAL CARMEL AUTHORS & IDEAS FESTIVAL, A CREATIVE AND INNOVATIVE MIX OF ACCLAIMED AUTHORS, PRESENTING IN A VARIETY OF VENUES DESIGNED TO CREATE AN ATMOSPHERE OF INTIMACY. IN ADDITION TO THE ARTISTRY OF THE SPOKEN WORD, THE MUSIC OF LOCAL STUDENT ARTISTS IS HEARD THROUGHOUT THE WEEKEND. THE 2009 FESTIVAL PRESENTED OVER 30 WORLD-RENOWNED AUTHORS, NATIONAL, AND INTERNATIONAL LEADERS.
DAY ONE OF THE THREE-DAY FESTIVAL WAS DEVOTED TO LITERACY FOR 1400 LOCAL STUDENTS. THIS DAY OF LITERACY AFFORDS MANY MORE YOUNG PEOPLE THE OPPORTUNITY TO BE SO INSPIRED AND TO RECOGNIZE THE VALUE OF LITERATURE AND READING°
THE GOAL OF THE ORGANIZATION IS TO PROVIDE AN INTELLECTUALLY STIMULATING SETTING AND OPPORTUNITY FOR UP TO 700 COMMUNITY PARTICIPANTS TO LEARN, DISCUSS, AND GENERATE NEW IDEAS, WHILE HONORING A LITERARY PAST, AND GROWING A LITERARY FUTURE.
ORGANIZATION’S PRIMARY EXEMPT PURPOSE
THE MISSION OF CARMEL IDEAS FOUNDATION IS TO FOSTER ENLIGHTENED LEADERSHIP AND OPEN-MINDED DIALOG BY THE PRESENTATION OF PUBLIC FORUMS INVOLVING WELL-KNOWN AUTHORS AND INDIVIDUALS WHO HAVE ACHIEVED THE HIGHEST STATUS OF THEIR PROFESSION, THROUGH SEMINARS, CONFERENCES, AND LEADERSHIP DEVELOPMENT INITIATIVES°
Source: Form 990-EZ
Short Form Return of Organization Exempt From Income Tax 2009
DAVE BARRY Syndicated Columnist
Authors@Google: Dave Barry
ARTHUR BENJAMIN Mathematician & Professor of Mathematics
Arthur Benjamin's formula for changing math education
W. DOUGLAS BOYD, M.D. Professor of Surgery at UC Davis Health System, Cardiothoracic Surgeon
Cardiovascular Therapies: Spotlight on Stem Cell Research - Douglas Boyd
DOUGLAS BRINKLEY
Professor of History at Rice University & Author
Q&A: Historians Richard Norton Smith & Douglas Brinkley
KELLY CORRIGAN Author of New York Times bestsellers & Founder of Notes & Words, an annual concert that puts writers and musicians on stage together at The Fox Theater in Oakland.
Kelly Corrigan
FRANK DELANEY Author of Books of non-fiction, novels, novella, and short stories
Frank Delaney at the NYS Writers Institute in 2009
GEORGE DYSON Historian of Technology & Author
George Dyson on MANIAC, the first RAM
SIR HAROLD EVANS Editor-at-Large of The Week magazine & Author of two critically acclaimed histories of America
Sir Harold Evans' Travel Tips
"Truth in Travel" from Sir Harold Evans
BRIAN FAGAN Archaeological Author
Elixir by Brian Fagan
JEFF GREENFIELD Veteran political, media and culture reporter & Author
BookTV: Jeff Greenfield, "Then Everything Changed"
KEN HOWARD Actor
Ken Howard
PHILIP K. HOWARD Author & Founder of Common Good, a national coalition organized to restore common sense to American public life.
Philip K. Howard: Law and the Corrosion of Authority
SCOTT JAMES (pen name Kemble Scott) The New York Times Weekly Columnist about the San Francisco Bay Area & Bestselling Author of Novels
Scott James (Kemble Scott) » Introducing Numina Press.m4v
MICHAEL KRASNY Host of KQED’s award-winning Forum, a news and public affairs program that concentrates on the arts, culture, health, business and technology & Professor of English at San Francisco State University & Author of fiction
Authors@Google: Michael Krasny
MARISSA MAYER Vice President of Location and Local Services at Google
Fireside chat with Marissa Mayer, VP, Google and Michael Arrington, Editor, TechCrunch
ERIN McKEAN Founder of Wordnik.com & Author
Erin McKean, Wordnik, Big Ideas Fest 2010
PEGGY NOONAN The Wall Street Journal Columnist & and Bestselling Author of books on American politics, history and culture
Sir Harold Evans with Peggy Noonan at the 92nd Street Y
ASSOCIATE JUSTICE SANDRA DAY O’CONNOR Associate Supreme Court Justice (1981 - 2006) & Judge & Attorney
On A Meaningful Life: Justice Sandra Day O'Connor
STEPHEN R. PALUMBI Director of Stanford University’s Hopkins Marine Station & Author
Stephen Palumbi: Following the mercury trail
RIDLEY PEARSON Author of Suspense Novels & Co-Writer with Humorist Dave Barry
'Kingdom Keepers' Series Author Ridley Pearson visits Walt Disney World
ELAINE PETROCELLI Founder and President of Book Passage
KCBS Homegrown CEO- Book Passage
RICK REILLY ESPN.com Columnist & ESPN SportsCenter Essayist
Rick Reilly on Aaron Rodgers and the Super Bowl Victory
RAMON RESA M.D. Pediatrician
TEDxMonterey - Ramon Resa - Personal Empowerment & Resilience in the Face of Obstacles
MICHAEL ALEC ROSE Composer & Author & Publisher, Scorhill Music
TINA SEELIG Author of popular science books and educational games
The Art of Teaching Entrepreneurship and Innovation (Entire Talk)
NANCY SNYDERMAN, M.D. Surgeon & Health Correspondent for NBC television’s The Today Show for fifteen years
Medical Myths That Can Kill You - Nancy Snyderman
JOHN B. TAYLOR Mary and Robert Raymond Professor of Economics at Stanford University & George P. Shultz Senior Fellow in Economics at the Hoover Institution
John B. Taylor "How Government Interventions Caused the Financial Crisis."
LIAM TIERNAN Musical Performer & Founder of the legendary group Barleycorn
Lisbon Treaty Song - Easy Come, So Easy Go
SCOTT TUROW Author & Attorney
Legally Speaking: Scott Turow
JACQUELINE WINSPEAR Author of Novels
Jacqueline Winspear at The Poisoned Pen 3/21/11
GENE WOJCIECHOWSKI Author & ESPN.com Senior National Columnist
Digital Drive
ADDENDUM:
Fifth Annual Carmel Authors and Ideas Festival (2011)
Festival ticket cost to attend all general sessions is $550
CARMEL IDEAS FOUNDATION
FEIN: 01-0903800
Type: Public Benefit
Corporate or Organization Number: 2949371
Registration Number: CT0149795
Revenue, Expenses, and Changes in Net Assets or Fund Balances (2009)
Total revenue $296,251.
Total expenses $279,393.
OTHER EXPENSES (included in total expenses)
SPEAKER FEES $94,125
FOOD & BEVERAGE $67,556.
TRAVEL $23,736.
TRAVEL & LODGING $14,876.
FACILITY FEES $12,091.
Annual Renewal Information
Calendar Year 2007
Total Assets: $141,120.00
Public Support
Gifts, grants contributions and membership fees received $309,836
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in a activity that is related to the organization’s tax-exempt purpose $207,777.
Gross Annual Revenue: $517,613.00
Calendar Year 2008
Total Assets: $4,285.00
Gifts, grants contributions and membership fees received $108,070.
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in a activity that is related to the organization’s tax-exempt purpose $142,495.
Gross Annual Revenue: $250,565.00
Calendar Year 2009
Total Assets: $3,894.00
Gifts, grants contributions and membership fees received $123,966.
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in a activity that is related to the organization’s tax-exempt purpose $172,200.
Gross Annual Revenue: $296,251.00
Calendar Year 2010
Total Assets: $121,830.00
Gross Annual Revenue: $407,713.00
List of Officers, Directors, Trustees, and Key Employees. (2009)
JIM MCGILLEN CARMEL, CA
PRESIDENT
Average hours per week devoted to position 40.00
CYNTHIA MCGILLEN CARMEL, CA
VICE PRESIDENT
40.00
MICHAEL TITTINGER SANTA MONICA,
BOARD MEMBER 0.50
SCOTT EVERS MONTEREY, CA
BOARD MEMBER 0.50
JOHN HANNA POTTSTOWN, PA
BOARD MEMBER 0.50
DAN LINDSAY LOS ANGELES, CA
BOARD MEMBER 0.50
CARMEL IDEAS FOUNDATION
STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS
THE PURPOSE OF THE ORGANIZATION IS TO PRESENT THE ANNUAL CARMEL AUTHORS & IDEAS FESTIVAL, A CREATIVE AND INNOVATIVE MIX OF ACCLAIMED AUTHORS, PRESENTING IN A VARIETY OF VENUES DESIGNED TO CREATE AN ATMOSPHERE OF INTIMACY. IN ADDITION TO THE ARTISTRY OF THE SPOKEN WORD, THE MUSIC OF LOCAL STUDENT ARTISTS IS HEARD THROUGHOUT THE WEEKEND. THE 2009 FESTIVAL PRESENTED OVER 30 WORLD-RENOWNED AUTHORS, NATIONAL, AND INTERNATIONAL LEADERS.
DAY ONE OF THE THREE-DAY FESTIVAL WAS DEVOTED TO LITERACY FOR 1400 LOCAL STUDENTS. THIS DAY OF LITERACY AFFORDS MANY MORE YOUNG PEOPLE THE OPPORTUNITY TO BE SO INSPIRED AND TO RECOGNIZE THE VALUE OF LITERATURE AND READING°
THE GOAL OF THE ORGANIZATION IS TO PROVIDE AN INTELLECTUALLY STIMULATING SETTING AND OPPORTUNITY FOR UP TO 700 COMMUNITY PARTICIPANTS TO LEARN, DISCUSS, AND GENERATE NEW IDEAS, WHILE HONORING A LITERARY PAST, AND GROWING A LITERARY FUTURE.
ORGANIZATION’S PRIMARY EXEMPT PURPOSE
THE MISSION OF CARMEL IDEAS FOUNDATION IS TO FOSTER ENLIGHTENED LEADERSHIP AND OPEN-MINDED DIALOG BY THE PRESENTATION OF PUBLIC FORUMS INVOLVING WELL-KNOWN AUTHORS AND INDIVIDUALS WHO HAVE ACHIEVED THE HIGHEST STATUS OF THEIR PROFESSION, THROUGH SEMINARS, CONFERENCES, AND LEADERSHIP DEVELOPMENT INITIATIVES°
Source: Form 990-EZ
Short Form Return of Organization Exempt From Income Tax 2009
DAVE BARRY Syndicated Columnist
Authors@Google: Dave Barry
ARTHUR BENJAMIN Mathematician & Professor of Mathematics
Arthur Benjamin's formula for changing math education
W. DOUGLAS BOYD, M.D. Professor of Surgery at UC Davis Health System, Cardiothoracic Surgeon
Cardiovascular Therapies: Spotlight on Stem Cell Research - Douglas Boyd
DOUGLAS BRINKLEY
Professor of History at Rice University & Author
Q&A: Historians Richard Norton Smith & Douglas Brinkley
KELLY CORRIGAN Author of New York Times bestsellers & Founder of Notes & Words, an annual concert that puts writers and musicians on stage together at The Fox Theater in Oakland.
Kelly Corrigan
FRANK DELANEY Author of Books of non-fiction, novels, novella, and short stories
Frank Delaney at the NYS Writers Institute in 2009
GEORGE DYSON Historian of Technology & Author
George Dyson on MANIAC, the first RAM
SIR HAROLD EVANS Editor-at-Large of The Week magazine & Author of two critically acclaimed histories of America
Sir Harold Evans' Travel Tips
"Truth in Travel" from Sir Harold Evans
BRIAN FAGAN Archaeological Author
Elixir by Brian Fagan
JEFF GREENFIELD Veteran political, media and culture reporter & Author
BookTV: Jeff Greenfield, "Then Everything Changed"
KEN HOWARD Actor
Ken Howard
PHILIP K. HOWARD Author & Founder of Common Good, a national coalition organized to restore common sense to American public life.
Philip K. Howard: Law and the Corrosion of Authority
SCOTT JAMES (pen name Kemble Scott) The New York Times Weekly Columnist about the San Francisco Bay Area & Bestselling Author of Novels
Scott James (Kemble Scott) » Introducing Numina Press.m4v
MICHAEL KRASNY Host of KQED’s award-winning Forum, a news and public affairs program that concentrates on the arts, culture, health, business and technology & Professor of English at San Francisco State University & Author of fiction
Authors@Google: Michael Krasny
MARISSA MAYER Vice President of Location and Local Services at Google
Fireside chat with Marissa Mayer, VP, Google and Michael Arrington, Editor, TechCrunch
ERIN McKEAN Founder of Wordnik.com & Author
Erin McKean, Wordnik, Big Ideas Fest 2010
PEGGY NOONAN The Wall Street Journal Columnist & and Bestselling Author of books on American politics, history and culture
Sir Harold Evans with Peggy Noonan at the 92nd Street Y
ASSOCIATE JUSTICE SANDRA DAY O’CONNOR Associate Supreme Court Justice (1981 - 2006) & Judge & Attorney
On A Meaningful Life: Justice Sandra Day O'Connor
STEPHEN R. PALUMBI Director of Stanford University’s Hopkins Marine Station & Author
Stephen Palumbi: Following the mercury trail
RIDLEY PEARSON Author of Suspense Novels & Co-Writer with Humorist Dave Barry
'Kingdom Keepers' Series Author Ridley Pearson visits Walt Disney World
ELAINE PETROCELLI Founder and President of Book Passage
KCBS Homegrown CEO- Book Passage
RICK REILLY ESPN.com Columnist & ESPN SportsCenter Essayist
Rick Reilly on Aaron Rodgers and the Super Bowl Victory
RAMON RESA M.D. Pediatrician
TEDxMonterey - Ramon Resa - Personal Empowerment & Resilience in the Face of Obstacles
MICHAEL ALEC ROSE Composer & Author & Publisher, Scorhill Music
TINA SEELIG Author of popular science books and educational games
The Art of Teaching Entrepreneurship and Innovation (Entire Talk)
NANCY SNYDERMAN, M.D. Surgeon & Health Correspondent for NBC television’s The Today Show for fifteen years
Medical Myths That Can Kill You - Nancy Snyderman
JOHN B. TAYLOR Mary and Robert Raymond Professor of Economics at Stanford University & George P. Shultz Senior Fellow in Economics at the Hoover Institution
John B. Taylor "How Government Interventions Caused the Financial Crisis."
LIAM TIERNAN Musical Performer & Founder of the legendary group Barleycorn
Lisbon Treaty Song - Easy Come, So Easy Go
SCOTT TUROW Author & Attorney
Legally Speaking: Scott Turow
JACQUELINE WINSPEAR Author of Novels
Jacqueline Winspear at The Poisoned Pen 3/21/11
GENE WOJCIECHOWSKI Author & ESPN.com Senior National Columnist
Digital Drive
ADDENDUM:
Fifth Annual Carmel Authors and Ideas Festival (2011)
Festival ticket cost to attend all general sessions is $550
CARMEL IDEAS FOUNDATION
FEIN: 01-0903800
Type: Public Benefit
Corporate or Organization Number: 2949371
Registration Number: CT0149795
Revenue, Expenses, and Changes in Net Assets or Fund Balances (2009)
Total revenue $296,251.
Total expenses $279,393.
OTHER EXPENSES (included in total expenses)
SPEAKER FEES $94,125
FOOD & BEVERAGE $67,556.
TRAVEL $23,736.
TRAVEL & LODGING $14,876.
FACILITY FEES $12,091.
Annual Renewal Information
Calendar Year 2007
Total Assets: $141,120.00
Public Support
Gifts, grants contributions and membership fees received $309,836
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in a activity that is related to the organization’s tax-exempt purpose $207,777.
Gross Annual Revenue: $517,613.00
Calendar Year 2008
Total Assets: $4,285.00
Gifts, grants contributions and membership fees received $108,070.
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in a activity that is related to the organization’s tax-exempt purpose $142,495.
Gross Annual Revenue: $250,565.00
Calendar Year 2009
Total Assets: $3,894.00
Gifts, grants contributions and membership fees received $123,966.
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in a activity that is related to the organization’s tax-exempt purpose $172,200.
Gross Annual Revenue: $296,251.00
Calendar Year 2010
Total Assets: $121,830.00
Gross Annual Revenue: $407,713.00
List of Officers, Directors, Trustees, and Key Employees. (2009)
JIM MCGILLEN CARMEL, CA
PRESIDENT
Average hours per week devoted to position 40.00
CYNTHIA MCGILLEN CARMEL, CA
VICE PRESIDENT
40.00
MICHAEL TITTINGER SANTA MONICA,
BOARD MEMBER 0.50
SCOTT EVERS MONTEREY, CA
BOARD MEMBER 0.50
JOHN HANNA POTTSTOWN, PA
BOARD MEMBER 0.50
DAN LINDSAY LOS ANGELES, CA
BOARD MEMBER 0.50
Thursday, August 18, 2011
Is La Bahia Hotel/Condos a California Coastal Commission Precedent for Villas de Carmelo?
ABSTRACT: On Thursday, August 11, 2011, the California Coastal Commission conducted a public hearing at Watsonville City Hall City Council Chambers on the City of Santa Cruz’s request for a Local Coastal Plan (LCP) amendment to “apply a new zoning district and site standards for the historic La Bahia site to facilitate redevelopment of the site as a condo-hotel with restaurant and conference facilities.” The Staff recommended approval of the LCP amendment, if modified. An LCP amendment passes only upon an affirmative vote of the majority of the twelve appointed Commissioners. Commissioner Sanchez moved that the Commission certify Land Use Plan Major Amendment STC-1-11 as submitted by the City of Santa Cruz and recommend a no vote, seconded by ZIMMER and passed unanimously (DENIED). Commissioner Sanchez moved that the Commission certify Land Use Plan Major Amendment STC-1-11 if it is modified as suggested in this staff report and recommend a no vote, seconded by ZIMMER and failed on a 4 AYES - 6 NOES vote (AYES: BRENNAN, KINSEY, MCCLURE, MITCHELL; NOES: SANCHEZ, STONE, ZIMMER, BLANK, BOCHCO, SHALLENBERGER; ABSENT: BLOOM, BURKE) (DENIED). COMPARISON & CONTRAST ANALYSIS OF LA BAHIA & VILLAS DE CARMELO is presented. An ADDENDUM, including a Roster of Commissioners, is provided.
COMPARISON & CONTRAST ANALYSIS OF LA BAHIA & VILLAS DE CARMELO
• Regarding La Bahia, the City of Santa Cruz proposed to amend its Local Coastal Program (LCP) Land Use Plan (LUP) and Implementation Plan (IP) to modify the LUP and add a new IP district and site standards that would apply only to the historic La Bahia site in order to facilitate demolition of the La Bahia buildings and related facilities and redevelopment of the site as a condominium hotel with restaurant and conference facilities. The proposed amendment would increase the scale of development allowed on the site (from a maximum of 4 stories and 43 feet for primary structures to a maximum of 5½ stories and 61 feet for up to 60% of the site).
Regarding Villas de Carmelo, Widewaters proposes an amendment to the Local Coastal Plan to change Land Use Designation from Medium Density Residential to High Density Residential and a rezoning from MDR/2 to HDR/12.5 in the Coastal Zone for the construction of a total of 46 condominium units.
• Regarding La Bahia, the City of Santa Cruz conceptually approved the 125-unit condominium hotel/conference center project “that this amendment is designed to facilitate,” although final City action is pending Commission action on the amendment.
Regarding Villas de Carmelo, on April 6, 2010, the City Council of the City of Carmel-by-the-Sea unanimously passed and adopted a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence; the Monterey County Board of Supervisors has not yet considered the LCP amendment.
• Regarding La Bahia, Coastal Commission Staff recommended approval of the LCP amendment, if modified.
Regarding Villas de Carmelo, Coastal Planner Mike Watson wrote “we do not believe that the DEIR accurately and appropriately analyzes the water supply, traffic, and land use issues associated with the project, and that the analysis of consistency with existing plans and policies is incorrect and incomplete.” (Letter on Recirculated Draft Environmental Impact Report (DEIR) for the Villas de Carmelo Draft Environmental Impact Report, October 7, 2010)
• Regarding La Bahia, the Coastal Commission staff stated the proposed LCP amendment was a “project-driven LCP amendment” and the LCP amendment is “designed to facilitate a project.”
Regarding Villas de Carmelo, the County’s proposed LCP amendment is similarly a project-driven LCP amendment and the proposed LCP amendment is designed to facilitate the Villas de Carmelo project.
• Regarding La Bahia. La Bahia required a “new zoning district” to “increase the scale of development allowed on the site (from a maximum of 4 stories and 43 feet for primary structures to a maximum of 5½ stories and 61 feet for up to 60% of the site)."
Villas de Carmelo requires a change in zoning from existing medium density residential (MDR/2) allowing seven residences to high density residential (HDR/12.5) to accommodate a total of forty-six condominium units.
• Regarding La Bahia, Santa Cruz Mayor Ryan Coonerty stated that there is broad community support for the La Bahia project; he cited a petition of 856 signatures in support of the project and support from the local daily and weekly newspapers, local officials, business groups and neighborhoods.
Regarding Villas de Carmelo, on April 6, 2010, the City Council of the City of Carmel-by-the-Sea unanimously passed and adopted a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence and neighborhood residents are nearly unanimous in their opposition to the LCP Amendment and proposed Villas de Carmelo project.
• Don Webber, a Beach Hill resident who co-founded the Build a Better La Bahia Coalition of labor groups and historic preservationists, stated at the public hearing that the project as a massive, expensive hotel that would dominate the residential neighborhoods behind it...“The commission is charged with the duty to protect coastal resources not developer conveniences.”
Regarding Villas de Carmelo, Save Our Carmel Neighborhoods Coalition (SACNC) supporters expressed support for the existing County LCP and General Plan and charged the County with giving Widewaters special treatment for their Villas de Carmelo project.
• At the public hearing for La Bahia, supporters for the project “outnumbered criticism 4 to 1.”
At County public hearings for Villas de Carmelo, public speakers were nearly unanimous in their opposition to a zoning change from MDR to HDR and the proposed Villas de Carmelo project.
• Vice Chairman/Commissioner Mark Stone, a Santa Cruz County Supervisor, stated he “feared special zoning for the upscale hotel would set a precedent for future development requests involving large projects."
Regarding Villas de Carmelo, SOCNC attorney Molly Erickson cited a for sale property information sheet as evidence that a change in zoning to HDR (“upzoning”) would set a precedent for future development in the Carmel area.
• Commissioner Sanchez voiced her opposition to the LCP amendment with concerns about “bulk and scale” of project and character of surrounding community of Beach Hill and approval of a 100% condo/hotel at this site would set a “terrible precedent.”
Regarding Villas de Carmelo, SOCNC supporters have expressed concerns about bulk and scale of the Villas de Carmelo project and the proposed project is “out-of-character” with the surrounding community of Carmel.
• Commissioner Dayna Bochco said she was “convinced the project would alter views and fail to preserve the Beach Hill neighborhood as outlined in the city's coastal plan.”
At public hearings for Villas de Carmelo, SOCNC speakers expressed the concern that the project would change and degrade the existing surrounding neighborhoods.
ADDENDUM:
California Coastal Commission grounds La Bahia hotel plan; 'It's over," says developer, By J.M. BROWN, Santa Cruz Sentinel, 08/11/2011
CALIFORNIA COASTAL COMMISSION
Archived Meetings Video & Audio
Roster of Commissioners
Steve Blank
San Francisco, CA
Public Member
Dayna Bochco
San Francisco, CA
Public Member
Dr. William A. Burke
San Francisco, CA
Public Member
Wendy Mitchell
Sherman Oaks, CA
Public Member
Mary K. Shallenberger, Chair
Clements, CA
Public Member
Jana Zimmer
San Francisco, CA
Public Member
Martha McClure, Supervisor
Crescent City, CA
North Coast Representative
Steve Kinsey, Supervisor
San Rafael, CA
North Central Coast Representative
Mark W. Stone, Supervisor, Vice-Chair
Santa Cruz, CA
Central Coast Representative
Brian Brennan
San Francisco, CA
South Central Coast Representative
Richard Bloom, Councilmember
Santa Monica, CA
South Coast Representative
Esther Sanchez, Councilmember
Oceanside, CA
San Diego Coast Representative
COMPARISON & CONTRAST ANALYSIS OF LA BAHIA & VILLAS DE CARMELO
• Regarding La Bahia, the City of Santa Cruz proposed to amend its Local Coastal Program (LCP) Land Use Plan (LUP) and Implementation Plan (IP) to modify the LUP and add a new IP district and site standards that would apply only to the historic La Bahia site in order to facilitate demolition of the La Bahia buildings and related facilities and redevelopment of the site as a condominium hotel with restaurant and conference facilities. The proposed amendment would increase the scale of development allowed on the site (from a maximum of 4 stories and 43 feet for primary structures to a maximum of 5½ stories and 61 feet for up to 60% of the site).
Regarding Villas de Carmelo, Widewaters proposes an amendment to the Local Coastal Plan to change Land Use Designation from Medium Density Residential to High Density Residential and a rezoning from MDR/2 to HDR/12.5 in the Coastal Zone for the construction of a total of 46 condominium units.
• Regarding La Bahia, the City of Santa Cruz conceptually approved the 125-unit condominium hotel/conference center project “that this amendment is designed to facilitate,” although final City action is pending Commission action on the amendment.
Regarding Villas de Carmelo, on April 6, 2010, the City Council of the City of Carmel-by-the-Sea unanimously passed and adopted a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence; the Monterey County Board of Supervisors has not yet considered the LCP amendment.
• Regarding La Bahia, Coastal Commission Staff recommended approval of the LCP amendment, if modified.
Regarding Villas de Carmelo, Coastal Planner Mike Watson wrote “we do not believe that the DEIR accurately and appropriately analyzes the water supply, traffic, and land use issues associated with the project, and that the analysis of consistency with existing plans and policies is incorrect and incomplete.” (Letter on Recirculated Draft Environmental Impact Report (DEIR) for the Villas de Carmelo Draft Environmental Impact Report, October 7, 2010)
• Regarding La Bahia, the Coastal Commission staff stated the proposed LCP amendment was a “project-driven LCP amendment” and the LCP amendment is “designed to facilitate a project.”
Regarding Villas de Carmelo, the County’s proposed LCP amendment is similarly a project-driven LCP amendment and the proposed LCP amendment is designed to facilitate the Villas de Carmelo project.
• Regarding La Bahia. La Bahia required a “new zoning district” to “increase the scale of development allowed on the site (from a maximum of 4 stories and 43 feet for primary structures to a maximum of 5½ stories and 61 feet for up to 60% of the site)."
Villas de Carmelo requires a change in zoning from existing medium density residential (MDR/2) allowing seven residences to high density residential (HDR/12.5) to accommodate a total of forty-six condominium units.
• Regarding La Bahia, Santa Cruz Mayor Ryan Coonerty stated that there is broad community support for the La Bahia project; he cited a petition of 856 signatures in support of the project and support from the local daily and weekly newspapers, local officials, business groups and neighborhoods.
Regarding Villas de Carmelo, on April 6, 2010, the City Council of the City of Carmel-by-the-Sea unanimously passed and adopted a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence and neighborhood residents are nearly unanimous in their opposition to the LCP Amendment and proposed Villas de Carmelo project.
• Don Webber, a Beach Hill resident who co-founded the Build a Better La Bahia Coalition of labor groups and historic preservationists, stated at the public hearing that the project as a massive, expensive hotel that would dominate the residential neighborhoods behind it...“The commission is charged with the duty to protect coastal resources not developer conveniences.”
Regarding Villas de Carmelo, Save Our Carmel Neighborhoods Coalition (SACNC) supporters expressed support for the existing County LCP and General Plan and charged the County with giving Widewaters special treatment for their Villas de Carmelo project.
• At the public hearing for La Bahia, supporters for the project “outnumbered criticism 4 to 1.”
At County public hearings for Villas de Carmelo, public speakers were nearly unanimous in their opposition to a zoning change from MDR to HDR and the proposed Villas de Carmelo project.
• Vice Chairman/Commissioner Mark Stone, a Santa Cruz County Supervisor, stated he “feared special zoning for the upscale hotel would set a precedent for future development requests involving large projects."
Regarding Villas de Carmelo, SOCNC attorney Molly Erickson cited a for sale property information sheet as evidence that a change in zoning to HDR (“upzoning”) would set a precedent for future development in the Carmel area.
• Commissioner Sanchez voiced her opposition to the LCP amendment with concerns about “bulk and scale” of project and character of surrounding community of Beach Hill and approval of a 100% condo/hotel at this site would set a “terrible precedent.”
Regarding Villas de Carmelo, SOCNC supporters have expressed concerns about bulk and scale of the Villas de Carmelo project and the proposed project is “out-of-character” with the surrounding community of Carmel.
• Commissioner Dayna Bochco said she was “convinced the project would alter views and fail to preserve the Beach Hill neighborhood as outlined in the city's coastal plan.”
At public hearings for Villas de Carmelo, SOCNC speakers expressed the concern that the project would change and degrade the existing surrounding neighborhoods.
ADDENDUM:
California Coastal Commission grounds La Bahia hotel plan; 'It's over," says developer, By J.M. BROWN, Santa Cruz Sentinel, 08/11/2011
CALIFORNIA COASTAL COMMISSION
Archived Meetings Video & Audio
Roster of Commissioners
Steve Blank
San Francisco, CA
Public Member
Dayna Bochco
San Francisco, CA
Public Member
Dr. William A. Burke
San Francisco, CA
Public Member
Wendy Mitchell
Sherman Oaks, CA
Public Member
Mary K. Shallenberger, Chair
Clements, CA
Public Member
Jana Zimmer
San Francisco, CA
Public Member
Martha McClure, Supervisor
Crescent City, CA
North Coast Representative
Steve Kinsey, Supervisor
San Rafael, CA
North Central Coast Representative
Mark W. Stone, Supervisor, Vice-Chair
Santa Cruz, CA
Central Coast Representative
Brian Brennan
San Francisco, CA
South Central Coast Representative
Richard Bloom, Councilmember
Santa Monica, CA
South Coast Representative
Esther Sanchez, Councilmember
Oceanside, CA
San Diego Coast Representative
Wednesday, August 10, 2011
LETTERS TO THE EDITOR: Confidentiality and Nondisclosure Agreement, Regional Seawater Desalination Project
ABSTRACT: HIGHLIGHTS of Letters to the Editor regarding the Confidentiality and Nondisclosure Agreement, Regional Seawater Desalination Project, are presented; links to the complete letters are provided.
HIGHLIGHTS:
• “What is not understandable is that, as far as we know, not even one of the attorneys involved advised the mayors that they did not have independent authority to unilaterally sign the agreement. As a result of this collective oversight, it is my understanding that the agreement is not legally enforceable…I cannot at this point blame the mayors. But perhaps it would be a good time for them to have a discussion with their respective councils."
Source: Letters: Silent treatment required backing of councils, Mike Brown Carmel, The Monterey County Herald, 08/12/2011
• “To all six conspiratorial mayors of Sand City, Pacific Grove, Monterey, Carmel, Seaside and Del Rey Oaks who signed the non-disclosure agreement concerning the completely corrupted regional desalination plant,...I am disgusted and ashamed of you because you have given credence to the criticism that we are ethically corrupt and morally bankrupt backroom dealers with no respect for the law or the public.”
Source: Letters: Some advice before resigning, J.A. Sullivan Pacific Grove, The Monterey County Herald, 08/10/2011
• “Relative to the CDO mediation, outside counsel Russ McGlothlin of Brownstein Hyatt Farber and Schreck prepared a confidentiality and nondisclosure agreement for signature. Signatories were advised by city attorneys Deborah Mall and Don Freeman that the nondisclosure agreement and all pertinent documents were subject to the Public Records Act.”
Source: Letters: Clearing air around editorial, Deborah Mall and Don Freeman, The Monterey County Herald, 08/07/2011
Editor's note: Mall is the Monterey city attorney and Freeman is the city attorney for Carmel and Seaside.
• “Unless these elected and appointed officials take immediate steps to resign from the agreement, the public should regard them as weaklings and cowards, lacking the character to hold public office. A public office is a public trust. It is high time that they start making themselves available to answer questions.”
Source: Letters: Hate the silent treatment, Thomas Ethington Pacific Grove, The Monterey County Herald, 08/06/2011
• “Then in June, the mayors and Cal Am all agreed in writing to keep the details of these back-room dealings a secret from the public. My question is, given the definition of criminal conspiracy, when will the indictments against the mayors and Cal Am be filed by the Monterey County district attorney. Do we need the attorney general to come in and clean up this mess?”
Source: Letters: Backroom deal screams conspiracy, M. Saraka Seaside, The Monterey County Herald, 08/03/2011
ADDENDUM:
Joe Livernois: Ethics in public service a quaint notion, The Monterey County Herald, 08/12/2011
HIGHLIGHTS:
• “What is not understandable is that, as far as we know, not even one of the attorneys involved advised the mayors that they did not have independent authority to unilaterally sign the agreement. As a result of this collective oversight, it is my understanding that the agreement is not legally enforceable…I cannot at this point blame the mayors. But perhaps it would be a good time for them to have a discussion with their respective councils."
Source: Letters: Silent treatment required backing of councils, Mike Brown Carmel, The Monterey County Herald, 08/12/2011
• “To all six conspiratorial mayors of Sand City, Pacific Grove, Monterey, Carmel, Seaside and Del Rey Oaks who signed the non-disclosure agreement concerning the completely corrupted regional desalination plant,...I am disgusted and ashamed of you because you have given credence to the criticism that we are ethically corrupt and morally bankrupt backroom dealers with no respect for the law or the public.”
Source: Letters: Some advice before resigning, J.A. Sullivan Pacific Grove, The Monterey County Herald, 08/10/2011
• “Relative to the CDO mediation, outside counsel Russ McGlothlin of Brownstein Hyatt Farber and Schreck prepared a confidentiality and nondisclosure agreement for signature. Signatories were advised by city attorneys Deborah Mall and Don Freeman that the nondisclosure agreement and all pertinent documents were subject to the Public Records Act.”
Source: Letters: Clearing air around editorial, Deborah Mall and Don Freeman, The Monterey County Herald, 08/07/2011
Editor's note: Mall is the Monterey city attorney and Freeman is the city attorney for Carmel and Seaside.
• “Unless these elected and appointed officials take immediate steps to resign from the agreement, the public should regard them as weaklings and cowards, lacking the character to hold public office. A public office is a public trust. It is high time that they start making themselves available to answer questions.”
Source: Letters: Hate the silent treatment, Thomas Ethington Pacific Grove, The Monterey County Herald, 08/06/2011
• “Then in June, the mayors and Cal Am all agreed in writing to keep the details of these back-room dealings a secret from the public. My question is, given the definition of criminal conspiracy, when will the indictments against the mayors and Cal Am be filed by the Monterey County district attorney. Do we need the attorney general to come in and clean up this mess?”
Source: Letters: Backroom deal screams conspiracy, M. Saraka Seaside, The Monterey County Herald, 08/03/2011
ADDENDUM:
Joe Livernois: Ethics in public service a quaint notion, The Monterey County Herald, 08/12/2011
THE FRIENDS OF THE HARRISON MEMORIAL LIBRARY: Founding Documents
ABSTRACT: THE FRIENDS OF THE HARRISON MEMORIAL LIBRARY Founding Documents are embedded and HIGHLIGHTS of ARTICLES OF ASSOCIATION are presented. The Friends of the Harrison Memorial Library was formed as an association in April 1971. The purposes of the organization are:
a-to raise money that can be given to the Harrison Memorial Library to supplement the funds provided by the City of Carmel for the operation of the Library, which is the city's public library.
b-to encourage public support of the Harrison Memorial Library.
c-to enhance the Library's relations with the public.
Friends of the Harrison Memorial Library Founding Documents by L. A. Paterson on Scribd
THE FRIENDS OF THE HARRISON MEMORIAL LIBRARY Founding Documents
HIGHLIGHTS of ARTICLES OF ASSOCIATION:
ARTICLES OF ASSOCIATION
FIRST:
The name of the Association is THE FRIENDS OF THE HARRISON MEMORIAL LIBRARY, hereinafter referred to as "the Association.”
THIRD:
A. The Association is a non-profit public benefit organization and is not organized for the private gain of any person.
B. The specific purpose of the Association is to raise funds to distribute to the Harrison Memorial Library, which is a public library in the City of Carmel-by-the-Sea, California.
FOURTH:
The names…of the Executive Committee are as follows:
Lucette R.Kenan President
Elizabeth McClave Vice-President
Prim Billwiller Secretary.
Evelyn Purvis Treasurer
Brad Buckminster Member at large
Harriett Harrell. Member at large
Merryll Cottrell Member at large
Barbara Rugg Member at large
In witness thereof, we have hereunto subscribed our names, this 17th day of October, 1988.
STATEMENT C
Line 7e - Statement Explaining the Specific Purposes For Which the Organization Was Formed.
The Friends of the Harrison Memorial Library was formed as an association in April 1971 and has existed ever since. The purposes of the organization are:
a-to raise money that can be given to the Harrison Memorial Library to supplement the funds provided by the City of Carmel for the operation of the Library, which is the city's public library.
b-to encourage public support of the Harrison Memorial Library.
c-to enhance the Library's relations with the public.
IRS Form 1023
Date incorporated or formed: 1971
Internal Revenue Service
District-Director
Date: JUN. 12, 1989
You are required to file Form 990, Return of Organization Exempt from Income Tax , only if your gross receipts each year are normally more than $25,000.
a-to raise money that can be given to the Harrison Memorial Library to supplement the funds provided by the City of Carmel for the operation of the Library, which is the city's public library.
b-to encourage public support of the Harrison Memorial Library.
c-to enhance the Library's relations with the public.
Friends of the Harrison Memorial Library Founding Documents by L. A. Paterson on Scribd
THE FRIENDS OF THE HARRISON MEMORIAL LIBRARY Founding Documents
HIGHLIGHTS of ARTICLES OF ASSOCIATION:
ARTICLES OF ASSOCIATION
FIRST:
The name of the Association is THE FRIENDS OF THE HARRISON MEMORIAL LIBRARY, hereinafter referred to as "the Association.”
THIRD:
A. The Association is a non-profit public benefit organization and is not organized for the private gain of any person.
B. The specific purpose of the Association is to raise funds to distribute to the Harrison Memorial Library, which is a public library in the City of Carmel-by-the-Sea, California.
FOURTH:
The names…of the Executive Committee are as follows:
Lucette R.Kenan President
Elizabeth McClave Vice-President
Prim Billwiller Secretary.
Evelyn Purvis Treasurer
Brad Buckminster Member at large
Harriett Harrell. Member at large
Merryll Cottrell Member at large
Barbara Rugg Member at large
In witness thereof, we have hereunto subscribed our names, this 17th day of October, 1988.
STATEMENT C
Line 7e - Statement Explaining the Specific Purposes For Which the Organization Was Formed.
The Friends of the Harrison Memorial Library was formed as an association in April 1971 and has existed ever since. The purposes of the organization are:
a-to raise money that can be given to the Harrison Memorial Library to supplement the funds provided by the City of Carmel for the operation of the Library, which is the city's public library.
b-to encourage public support of the Harrison Memorial Library.
c-to enhance the Library's relations with the public.
IRS Form 1023
Date incorporated or formed: 1971
Internal Revenue Service
District-Director
Date: JUN. 12, 1989
You are required to file Form 990, Return of Organization Exempt from Income Tax , only if your gross receipts each year are normally more than $25,000.
Friday, August 05, 2011
Monterey County Planning Commission, Villas de Carmelo: Consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments, Consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments & If the motion to continue the hearing on the Combined Development Permit is rescinded, conduct a hearing on the Combined Development Permit application
Commission schedules full hearing on hospital condos, CHRIS COUNTS, The Carmel Pine Cone, August 12, 2011
Carmel condo project to get review, after all
Planners won't consider zoning issue separately
By JIM JOHNSON Herald Staff Writer, 08/11/2011
UPDATE:
Monterey County Planning Commission
Wednesday, August 10, 2011
3. 10:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
Public Comment: Jack Meehan, Tracy Manning, Wayne Iverson, Tom Leaver (read letter from Mark Bayne), Lois Roberts, Carol Stollorz, Myrna Hampton, Mark McDonald, Leslie Cooley, Amy White (Land Watch Executive Director) and attorney Molly Erickson (SOCNC) and Christine Williams.
All twelve public speakers spoke in support of the Planning Commission’s 29 June 2010 decision and against the rescinding of its 29 June 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments.
Save Our Carmel Neighborhoods Coalition (SOCNC) attorney Molly Erickson emphasized two paragraphs from a 7 October 2010 letter to the County from Mike Watson, Coastal Planner, California Coastal Commission, as follows:
“With regard to the necessary LCP amendments, we recommend that the County first submit any required LCP amendment requests, and wait until after the Commission has acted on them, before final consideration or action on a CDP for a project for the site. The project cannot be approved absent an LCP amendment, and the outcome of the LCP amendment deliberations will explicitly prescribe the appropriate form of development at this location (not the other way around), and thus the LCP amendment, including consideration of the broader planning context within which this project finds itself, must proceed ahead of project level CDP review.”
“Also as noted in the past, the Villas de Carmelo project is the largest to be proposed in the Carmel Area since certification of the LCP, and thus it requires careful and thoughtful consideration. In this respect, we continue to be concerned that some of the fundamental coastal resource issues raised by the project are not framed correctly in the RDEIR, and that this significantly compromises the utility of the document for purposes of LCP amendment and CDP analysis. Specifically, we do not believe that the DEIR accurately and appropriately analyzes the water supply, traffic, and land use issues associated with the project, and that the analysis of consistency with existing plans and policies is incorrect and incomplete.”
Erickson also emphasized a part of the 1982 Monterey County General Plan, Appendix A, Growth Management Policy, which states that residential densities can increase only with low and moderate housing provided; current Widewaters proposal includes only moderate income housing.
It was moved by Commissioner Padilla, seconded by Commissioner Brown, and passed by the following vote to rescind the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments.
AYES: Mendez, Salazar, Padilla, Rochester, Brown, Getzelman
NOES: Vandevere, Diehl, Hert, Roberts
ABSENT: None
ABSTAIN: None
It was moved by Commissioner Brown, seconded by Commissioner Rochester, and passed by voice vote to conduct a public hearing on the LCP amendments and the application for the Combined Development Permit and certification of the EIRs, provide direction to staff regarding findings and evidence and provide analysis and information on affordable housing options, consistency with the General Plan, water issues with regard to MPWMD, and continue the matter to 31 August 2011.
ADDENDUM:
District 1 (Urban Salinas including North, East, Central Salinas and parts of South Salinas): Jose Mendez and Aurelio Salazar, Jr.
District 2 (Aromas, Boronda, Castroville, Las Lomas, Moss Landing, North Salinas, Pajaro, Prunedale, and Royal Oaks): Don Rochester and Cosme Padilla
District 3 (East Salinas, Spreckels, Chualar, Greenfield, Gonzales, Ft. Hunter Liggett, King City, Soledad, Lake San Antonio, South County): Paul C. Getzelman (Chair) and Jay Brown
District 4 (Del Rey Oaks, Marina, Sand City, Seaside, Southwest Salinas): Amy Roberts and Luther Hert
District 5 (Carmel, Carmel Valley, Big Sur, Pacific Grove, Pebble Beach, Monterey, Hwy 68, Las Palmas): Keith Vandevere and Martha Diehl
ABSTRACT: On Wednesday, 10 August 2011, at 10:00 A.M., the Monterey County Planning Commission is scheduled to address Rigoulette LLC (Villas de Carmelo; Formerly Carmel Convalescent Hospital) - PLN070497, specifically, consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments, consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments and if the motion to continue the hearing on the Combined Development Permit is rescinded, conduct a hearing on the Combined Development Permit application. The Monterey County Planning Commission AGENDA is reproduced (minus F. SCHEDULED ITEMS 1. and 2.) and the AGENDA Packet of supporting documents is embedded. HIGHLIGHTS of the AGENDA Packet are presented. Staff recommends that the Planning Commission
1) Consider rescinding the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments;
2a) If the continuance is not rescinded, conduct a hearing only on the LCP amendments; OR
2b) If the continuance is rescinded, conduct a public hearing on the LCP amendments and the application for the Combined Development Permit, provide direction to staff, and continue the matter to a specific date.
Monterey County Planning Commission
AGENDA
Wednesday, August 10, 2011
Monterey County Government Center – Board of Supervisors Chambers
168 W. Alisal Street
Salinas, CA 93901
9:00 a.m.
Chair: Paul Getzelman
Vice-Chair: Amy Roberts
Secretary: Carl Holm
Commissioners:
Paul C. Getzelman Cosme Padilla
Jay Brown Aurelio Salazar, Jr
Amy Roberts Jose Mendez
Luther Hert Martha Diehl
Don Rochester Keith Vandevere
PLEDGE OF ALLEGIANCE
A. ROLL CALL
B. PUBLIC COMMENTS
C. AGENDA ADDITIONS, DELETIONS AND CORRECTIONS
D. APPROVAL OF MINUTES: None
E. COMMISSIONER COMMENTS, REQUESTS AND REFERRALS
F. SCHEDULED ITEMS
3. 10:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
Project Planner: Elizabeth Gonzales. Environmental Status: Environmental Impact Report. Project Description: (Continued from July 27, 2011).
A) The Planning Commission will consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments for the former Carmel Convalescent Hospital site, generally located at the northwest corner of Highway One and Valley Way. The amendments generally consist of amendments to the Carmel Area Land Use Plan 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) and amendments to the Monterey County Coastal Implementation Plan, Part 4 (Regulations for Development in the Carmel Area Land Use Plan) (Chapter 20.146) to allow high-density residential development on the site;
B) The Planning Commission will consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit (PLN070497/Rigoulette, LLC (Villas de Carmelo)) until a final determination had been made on the LCP amendments. The Combined Development Permit includes: 1) a Vesting Tentative Map to subdivide 3.68 acres into 46 condominium parcels and common open space; 2) Coastal Development Permit to convert the former convalescent hospital into nine condominium units with underground parking, recreation room, storage, and a gym; 3 units in garage shop; 3) Coastal Administrative Permit to demolish one existing structure and construct 8 buildings for a total of 46 condominium units; 4) Coastal Development Permit to allow development on slopes of 30% or greater; 5) Coastal Development permit to allow the removal of 97 trees (21 coast live oak and 76 Monterey pines); and 6) Design Approval.
C) If the motion to continue the hearing on the Combined Development Permit is rescinded, the Planning Commission may conduct a hearing on the Combined Development Permit application. The project site’s address is 24945 Valley Way, Carmel (Assessor's Parcel Numbers 009 061 002 000, 009 061 003 000, 009 061 005 000), Carmel Area Land Use Plan area, Coastal Zone.
Recommended Action: 1) Consider rescinding the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments; 2A) If the continuance is not rescinded, conduct a hearing only on the LCP amendments OR 2B) If the continuance is rescinded, conduct a public hearing on the LCP Amendments and the application for the Combined Development Permit, provide direction to staff, and continue the matter to a specific date.
MONTEREY COUNTY PLANNING COMMISSION Villas de Carmelo 081011
MONTEREY COUNTY PLANNING COMMISSION Villas de Carmelo 8 August 2011 Packet
HIGHLIGHTS OF AGENDA PACKET MATERIALS:
MONTEREY COUNTY PLANNING COMMMISSION
Meeting: August 10, 2011
Time: 10:00 a.m.
Agenda Item No.: 3
Project Description:
A) The Planning Commission will consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments for the former Carmel Convalescent Hospital site...
B) The Planning Commission will consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments...
C) If the motion to continue the hearing on the Combined Development Permit is rescinded, the Planning Commission may conduct a hearing on the Combined Development Permit application...
RECOMMENDATION: Staff recommends that the Planning Commission
2) Consider rescinding the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments;
2a) If the continuance is not rescinded, conduct a hearing only on the LCP amendments; OR
2b) If the continuance is rescinded, conduct a public hearing on the LCP amendments and the application for the Combined Development Permit, provide direction to staff, and continue the matter to a specific date.
The report includes Exhibit A The Housing Advisory Committee’s (HAC) July 14, 2010 recommendation.
HOUSING ADVISORY COMMITTEE
NOTES FROM HOUSING ADVISORY COMMITTEE MEETING
July 14, 2010
a) Consider a proposal from the Widewaters to comply with Inclusionary Ordinance for the Villas de Carmelo Project by paying an In-Lieu Fee: Ms. Noel provided background information related to the item. She noted that the HAC had reviewed several Inclusionary Housing Compliance proposals from the applicants on different occasions. Based on input received from the HAC and Staff, the applicants have decided to pursue compliance through a payment of an In-lieu fee of $2.5 Million. Ms. Noel provided an overview of challenges related to other forms of compliances for the project and noted that staff felt the in-lieu fee is the most appropriate for this type of project. Further, staff believes that the In-lieu fee of $2.5 million can be leveraged to assist a non-profit in constructing or rehabilitating affordable housing in the area. The applicants clarified that they would be providing 20% of the units actually approved as opposed to 9.2 units as mentioned at a previous HAC meeting. HAC members expressed their agreement in regard to using the in-lieu fee as leverage for affordable housing projects in the area. Mr. Ross asked about timing of the payment. Ms. Noel responded that the payment would need to be made or secured prior to the final map being recorded.
MOTION: Motion was made by Wayne Ross and seconded by Sarah Hardgrave to approve Widewaters’ proposal of paying an In-Lieu Fee as the form of Inclusionary Housing Compliance for the Villas de Carmelo Project.
VOTE:
AYES: English, Hardgrave, Ross, McShane and Cabatu
NAYS: None
ABSTENTIONS: None
ABSENT: Boardman, Orozco, Lopez, and Robbins
G. OTHER MATTERS: Appointment: Del Monte Forest LUAC – Joella M. Szabo
H. DEPARTMENT REPORT
I. ADJOURNMENT
The Recommended Action indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the Planning Commission’s alternative actions on any matter before it.
BREAKS will be taken approximately at 10:15 a.m. and 3:00 p.m.
DOCUMENT DISTRIBUTION: Documents relating to agenda items that are distributed to the Planning Commission less than 72 hours prior to the meeting are available for public inspection at the front counter of the Resource Management Agency – Planning and Building Services Departments, Monterey County Government Center , 168 W. Alisal Street, 2nd Floor, Salinas, CA. Documents distributed by County staff at the meeting of the Planning Commission will be available at the meeting.
If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132) and the federal rules and regulations adopted in implementation thereof. For information regarding how, to whom and when a person with a disability who requires a modification or accommodation in order to participate in the public meeting may make a request for disability-related modification or accommodation including auxiliary aids or services or if you have any questions about any of the items listed on this agenda, please call the Monterey County Resource Management Agency - Planning Department at (831) 755-5025.
ADDENDUM:
Live & Archived Video & MP3 Audio, Monterey County Planning Department
Meetings
Carmel condo project to get review, after all
Planners won't consider zoning issue separately
By JIM JOHNSON Herald Staff Writer, 08/11/2011
UPDATE:
Monterey County Planning Commission
Wednesday, August 10, 2011
3. 10:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
Public Comment: Jack Meehan, Tracy Manning, Wayne Iverson, Tom Leaver (read letter from Mark Bayne), Lois Roberts, Carol Stollorz, Myrna Hampton, Mark McDonald, Leslie Cooley, Amy White (Land Watch Executive Director) and attorney Molly Erickson (SOCNC) and Christine Williams.
All twelve public speakers spoke in support of the Planning Commission’s 29 June 2010 decision and against the rescinding of its 29 June 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments.
Save Our Carmel Neighborhoods Coalition (SOCNC) attorney Molly Erickson emphasized two paragraphs from a 7 October 2010 letter to the County from Mike Watson, Coastal Planner, California Coastal Commission, as follows:
“With regard to the necessary LCP amendments, we recommend that the County first submit any required LCP amendment requests, and wait until after the Commission has acted on them, before final consideration or action on a CDP for a project for the site. The project cannot be approved absent an LCP amendment, and the outcome of the LCP amendment deliberations will explicitly prescribe the appropriate form of development at this location (not the other way around), and thus the LCP amendment, including consideration of the broader planning context within which this project finds itself, must proceed ahead of project level CDP review.”
“Also as noted in the past, the Villas de Carmelo project is the largest to be proposed in the Carmel Area since certification of the LCP, and thus it requires careful and thoughtful consideration. In this respect, we continue to be concerned that some of the fundamental coastal resource issues raised by the project are not framed correctly in the RDEIR, and that this significantly compromises the utility of the document for purposes of LCP amendment and CDP analysis. Specifically, we do not believe that the DEIR accurately and appropriately analyzes the water supply, traffic, and land use issues associated with the project, and that the analysis of consistency with existing plans and policies is incorrect and incomplete.”
Erickson also emphasized a part of the 1982 Monterey County General Plan, Appendix A, Growth Management Policy, which states that residential densities can increase only with low and moderate housing provided; current Widewaters proposal includes only moderate income housing.
It was moved by Commissioner Padilla, seconded by Commissioner Brown, and passed by the following vote to rescind the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments.
AYES: Mendez, Salazar, Padilla, Rochester, Brown, Getzelman
NOES: Vandevere, Diehl, Hert, Roberts
ABSENT: None
ABSTAIN: None
It was moved by Commissioner Brown, seconded by Commissioner Rochester, and passed by voice vote to conduct a public hearing on the LCP amendments and the application for the Combined Development Permit and certification of the EIRs, provide direction to staff regarding findings and evidence and provide analysis and information on affordable housing options, consistency with the General Plan, water issues with regard to MPWMD, and continue the matter to 31 August 2011.
ADDENDUM:
District 1 (Urban Salinas including North, East, Central Salinas and parts of South Salinas): Jose Mendez and Aurelio Salazar, Jr.
District 2 (Aromas, Boronda, Castroville, Las Lomas, Moss Landing, North Salinas, Pajaro, Prunedale, and Royal Oaks): Don Rochester and Cosme Padilla
District 3 (East Salinas, Spreckels, Chualar, Greenfield, Gonzales, Ft. Hunter Liggett, King City, Soledad, Lake San Antonio, South County): Paul C. Getzelman (Chair) and Jay Brown
District 4 (Del Rey Oaks, Marina, Sand City, Seaside, Southwest Salinas): Amy Roberts and Luther Hert
District 5 (Carmel, Carmel Valley, Big Sur, Pacific Grove, Pebble Beach, Monterey, Hwy 68, Las Palmas): Keith Vandevere and Martha Diehl
ABSTRACT: On Wednesday, 10 August 2011, at 10:00 A.M., the Monterey County Planning Commission is scheduled to address Rigoulette LLC (Villas de Carmelo; Formerly Carmel Convalescent Hospital) - PLN070497, specifically, consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments, consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments and if the motion to continue the hearing on the Combined Development Permit is rescinded, conduct a hearing on the Combined Development Permit application. The Monterey County Planning Commission AGENDA is reproduced (minus F. SCHEDULED ITEMS 1. and 2.) and the AGENDA Packet of supporting documents is embedded. HIGHLIGHTS of the AGENDA Packet are presented. Staff recommends that the Planning Commission
1) Consider rescinding the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments;
2a) If the continuance is not rescinded, conduct a hearing only on the LCP amendments; OR
2b) If the continuance is rescinded, conduct a public hearing on the LCP amendments and the application for the Combined Development Permit, provide direction to staff, and continue the matter to a specific date.
Monterey County Planning Commission
AGENDA
Wednesday, August 10, 2011
Monterey County Government Center – Board of Supervisors Chambers
168 W. Alisal Street
Salinas, CA 93901
9:00 a.m.
Chair: Paul Getzelman
Vice-Chair: Amy Roberts
Secretary: Carl Holm
Commissioners:
Paul C. Getzelman Cosme Padilla
Jay Brown Aurelio Salazar, Jr
Amy Roberts Jose Mendez
Luther Hert Martha Diehl
Don Rochester Keith Vandevere
PLEDGE OF ALLEGIANCE
A. ROLL CALL
B. PUBLIC COMMENTS
C. AGENDA ADDITIONS, DELETIONS AND CORRECTIONS
D. APPROVAL OF MINUTES: None
E. COMMISSIONER COMMENTS, REQUESTS AND REFERRALS
F. SCHEDULED ITEMS
3. 10:00AM - RIGOULETTE LLC (VILLAS DE CARMELO; FORMERLY CARMEL CONVALESCENT HOSPITAL) - PLN070497
Project Planner: Elizabeth Gonzales. Environmental Status: Environmental Impact Report. Project Description: (Continued from July 27, 2011).
A) The Planning Commission will consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments for the former Carmel Convalescent Hospital site, generally located at the northwest corner of Highway One and Valley Way. The amendments generally consist of amendments to the Carmel Area Land Use Plan 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) and amendments to the Monterey County Coastal Implementation Plan, Part 4 (Regulations for Development in the Carmel Area Land Use Plan) (Chapter 20.146) to allow high-density residential development on the site;
B) The Planning Commission will consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit (PLN070497/Rigoulette, LLC (Villas de Carmelo)) until a final determination had been made on the LCP amendments. The Combined Development Permit includes: 1) a Vesting Tentative Map to subdivide 3.68 acres into 46 condominium parcels and common open space; 2) Coastal Development Permit to convert the former convalescent hospital into nine condominium units with underground parking, recreation room, storage, and a gym; 3 units in garage shop; 3) Coastal Administrative Permit to demolish one existing structure and construct 8 buildings for a total of 46 condominium units; 4) Coastal Development Permit to allow development on slopes of 30% or greater; 5) Coastal Development permit to allow the removal of 97 trees (21 coast live oak and 76 Monterey pines); and 6) Design Approval.
C) If the motion to continue the hearing on the Combined Development Permit is rescinded, the Planning Commission may conduct a hearing on the Combined Development Permit application. The project site’s address is 24945 Valley Way, Carmel (Assessor's Parcel Numbers 009 061 002 000, 009 061 003 000, 009 061 005 000), Carmel Area Land Use Plan area, Coastal Zone.
Recommended Action: 1) Consider rescinding the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments; 2A) If the continuance is not rescinded, conduct a hearing only on the LCP amendments OR 2B) If the continuance is rescinded, conduct a public hearing on the LCP Amendments and the application for the Combined Development Permit, provide direction to staff, and continue the matter to a specific date.
MONTEREY COUNTY PLANNING COMMISSION Villas de Carmelo 081011
MONTEREY COUNTY PLANNING COMMISSION Villas de Carmelo 8 August 2011 Packet
HIGHLIGHTS OF AGENDA PACKET MATERIALS:
MONTEREY COUNTY PLANNING COMMMISSION
Meeting: August 10, 2011
Time: 10:00 a.m.
Agenda Item No.: 3
Project Description:
A) The Planning Commission will consider making a recommendation to the Board of Supervisors on Local Coastal Program (LCP) amendments for the former Carmel Convalescent Hospital site...
B) The Planning Commission will consider rescinding its June 29, 2011 motion which continued the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments...
C) If the motion to continue the hearing on the Combined Development Permit is rescinded, the Planning Commission may conduct a hearing on the Combined Development Permit application...
RECOMMENDATION: Staff recommends that the Planning Commission
2) Consider rescinding the June 29, 2011 motion continuing the hearing on the application for a Combined Development Permit until a final determination had been made on the LCP amendments;
2a) If the continuance is not rescinded, conduct a hearing only on the LCP amendments; OR
2b) If the continuance is rescinded, conduct a public hearing on the LCP amendments and the application for the Combined Development Permit, provide direction to staff, and continue the matter to a specific date.
The report includes Exhibit A The Housing Advisory Committee’s (HAC) July 14, 2010 recommendation.
HOUSING ADVISORY COMMITTEE
NOTES FROM HOUSING ADVISORY COMMITTEE MEETING
July 14, 2010
a) Consider a proposal from the Widewaters to comply with Inclusionary Ordinance for the Villas de Carmelo Project by paying an In-Lieu Fee: Ms. Noel provided background information related to the item. She noted that the HAC had reviewed several Inclusionary Housing Compliance proposals from the applicants on different occasions. Based on input received from the HAC and Staff, the applicants have decided to pursue compliance through a payment of an In-lieu fee of $2.5 Million. Ms. Noel provided an overview of challenges related to other forms of compliances for the project and noted that staff felt the in-lieu fee is the most appropriate for this type of project. Further, staff believes that the In-lieu fee of $2.5 million can be leveraged to assist a non-profit in constructing or rehabilitating affordable housing in the area. The applicants clarified that they would be providing 20% of the units actually approved as opposed to 9.2 units as mentioned at a previous HAC meeting. HAC members expressed their agreement in regard to using the in-lieu fee as leverage for affordable housing projects in the area. Mr. Ross asked about timing of the payment. Ms. Noel responded that the payment would need to be made or secured prior to the final map being recorded.
MOTION: Motion was made by Wayne Ross and seconded by Sarah Hardgrave to approve Widewaters’ proposal of paying an In-Lieu Fee as the form of Inclusionary Housing Compliance for the Villas de Carmelo Project.
VOTE:
AYES: English, Hardgrave, Ross, McShane and Cabatu
NAYS: None
ABSTENTIONS: None
ABSENT: Boardman, Orozco, Lopez, and Robbins
G. OTHER MATTERS: Appointment: Del Monte Forest LUAC – Joella M. Szabo
H. DEPARTMENT REPORT
I. ADJOURNMENT
The Recommended Action indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the Planning Commission’s alternative actions on any matter before it.
BREAKS will be taken approximately at 10:15 a.m. and 3:00 p.m.
DOCUMENT DISTRIBUTION: Documents relating to agenda items that are distributed to the Planning Commission less than 72 hours prior to the meeting are available for public inspection at the front counter of the Resource Management Agency – Planning and Building Services Departments, Monterey County Government Center , 168 W. Alisal Street, 2nd Floor, Salinas, CA. Documents distributed by County staff at the meeting of the Planning Commission will be available at the meeting.
If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 USC Sec. 12132) and the federal rules and regulations adopted in implementation thereof. For information regarding how, to whom and when a person with a disability who requires a modification or accommodation in order to participate in the public meeting may make a request for disability-related modification or accommodation including auxiliary aids or services or if you have any questions about any of the items listed on this agenda, please call the Monterey County Resource Management Agency - Planning Department at (831) 755-5025.
ADDENDUM:
Live & Archived Video & MP3 Audio, Monterey County Planning Department
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