UPDATE: Motion: approve the City’s revised beach fire management program (propane only).
The Commission voted to reject the proposal with Coastal Commissioners Kinsey, Shallenberger, Leuvano, Howell, and Mitchell all voting no, and Commissioners McClure, Bochco, Turnbull-Sanders, and Vargas voting yes. Commissioners Uranga, Groom, and Cox were absent. In doing so, the Commission also rejected Staff’s recommended 26 wood fire ring proposal and now there is no beach fire program in Carmel.
Source: Mike Watson, Coastal Planner ABSTRACT: “In a 5 to 4 vote, the commission voted down its own staff recommendation of allowing a maximum of 26 fires on Carmel Beach and took no action to stop Carmel from enforcing its current ban,” according to reporting by Caitlin Conrad, KSBW.com
ABSTRACT: RE: California Coastal Commission and “public nuisance”
In September 2015, San Diego Superior Court Judge Randa Trapp ruled in favor of the California Coastal Commission stating that “the court found that the city’s emergency ordinance was based on “nothing more than speculation, conjecture and fear mongering.”" “The decision is a significant victory for public access and clarifies that municipalities can’t circumvent the Coastal Act under the guise of protecting the public.” Moreover, Charles Lester, Executive Director, California Coastal Commission stated “If you have a real, legitimate threat and you need to take emergency action to safeguard the public, you can take steps to do that,” “But you can’t pretend there’s a nuisance just to avoid your Coastal Act obligations.” The STATEMENT OF DECISION and CALIFORNIA COASTAL COMMISSION Press Release document copies are embedded.
STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs. CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1 through 5, inclusive.
ABSTRACT: On December 1, 2015, Richard A. Stedman, Air Pollution Control Officer, Monterey Bay Unified Air Pollution Control District, stated in an email to Mayor Jason Burnett “The purpose of this email is to inform you that, if the City is unable to resolve the public health impacts and nuisance conditions caused by wood fires on Carmel Beach, the Air District intends to take enforcement action to remedy the situation. While we appreciate and support the City's efforts to control wood smoke emissions from beach fires, failure to greatly reduce or eliminate wood smoke impacts on residents will most likely res ult in an Air District enforcement action against the City. Enforcement action can include sanctions and prohibitory restrictions to address the adverse impacts caused by wood smoke from beach fires.” The email document copy is embedded.
ABSTRACT: Eddie Miranda, District Manager, Cal/OSHA – Enforcement, stated in an email to Yvette Oblander “The Division has received your complaint response and reviewed your response to ensure the complaint issues have been investigated. A letter stating the complaint issues have been reviewed and a copy of your response will be sent to the complainant for their file and the case closed.” The email document copy is embedded.
Mission Statement: The
Association exists to provide its members with a permanent art gallery, to
advance knowledge of, and interest in the arts, and to create a spirit of
cooperation and fellowship among artists and the community. A Proud Heritage:
legendary Carmel Art Association was formed on August 8, 1927 by a small group
of artists who gathered at “Gray Gables,” the modest home/studio of Josephine
Culbertson and Ida Johnson at the corner of Seventh and Lincoln in
Carmel-by-the-Sea. These nineteen “pioneers”—who grew up in the 19th century
and individually found their respective paths to Carmel from all corners of the
world—each desired a greater sense of community, a spirit of collaboration, and
a place to show their work. Before the meeting concluded, they had established
an association with a mission “to advance art and cooperation among artists,
secure a permanent exhibition space, and promote greater fellowship between
artists and the public.”
Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily
Open to the Public at No Charge
Carmel Art Association Presents ALL-MEMBER SHOW: ANNUAL MINIATURE & SMALL PAINTING SHOW!
A time-honored tradition at the CAA that started with what were called "thumbnail sketches" in the 1930's. Over 80 years later the Miniature Show in December continues to be a top favorite for our local patrons & collectors and anyone who loves art. Many of our 100+ Artist Members participate, showing small-scale pieces created especially for this show.
Thursday, December 3 – Tuesday, January 5, 2016
ALL-MEMBER SHOW: ANNUAL MINIATURE & SMALL PAINTING SHOW!
SPECIAL EVENT: HOLIDAY OPEN HOUSE/OPENING RECEPTION
Saturday, December 5, 2015, 5:00 P.M. – 700 P.M.
Join the CAA for the opening of the Miniature Show and a
celebration to start off the Holiday Season with hors d'oeuvres, wine, open bar
SPECIAL EVENT: “WORLD OF WONDER: THE ART OF DIANE WOLCOTT”
Saturday, December 5, 2015, 5:00 P.M. – 700 P.M.
Diane Wolcottwill sign copies of her new book. The beautiful 144 page volume contains reproductions of many of her naive style oil paintings populated with tiny children, animals and nuns—harkening to a gentler time, and evoking remembrances of innocence and wonder. The book recounts her life story, not withstanding her encounters with tragedy and loss at an early age, and her unceasing vision that propels her art.
ABSTRACT: Yesterday, the City Council voted unanimously to adopt a Resolution authorizing the Mayor to execute an employment agreement between the City of Carmel-by-the-Sea and Mike Calhoun, Public Safety Director, Chief of Police, and Interim City Administrator, as part of the Consent Calendar. However, according to Attorney General Opinion Office of the Attorney General, State of California, Opinion No. 98-707 (September 30, 1998), the positions of police chief and city manager/city administrator are incompatible. To wit, “the city manager, if allowed to serve simultaneously as chief of police, would be authorized to control, order and give directions to himself, appoint and remove himself, prepare and submit his own budget to the city council, conduct investigations into the affairs of his own office, and investigate complaints in relation to matters concerning the administration of his own department. As noted at the outset, offices are incompatible "where one is subordinate to the other and subject in some degree to the supervisory power of its incumbent." (People ex rel. Deputy Sheriffs' Assn. v. County of Santa Clara (1996) 49 Cal.App.4th 1471, 1481; 80 Ops.Cal.Atty.Gen., supra, at 75.)” Therefore, “Acceptance of the city manager office automatically causes the police chief office to be vacated," according to Richard M. Kreisler, L.A. County Police Chief Update, October 01, 1998. And importantly, “It is this office's opinion that the Attorney General would be likely to find that holding an acting city manager position is likewise incompatible with maintaining your permanent appointment as chief of police. Given that the apparent purpose or intent of the “incompatible public office” doctrine is to prevent a person from simultaneously holding two public offices where the performance of the duties of either office could have an adverse effect on the other, it is arguably of little import that your exercise of duties as a city manager is occurring while you are temporarily the city manager. In such case, the city manager can still impact the operations of the two public offices inasmuch as an acting city manager is typically invested with all of the powers, duties and obligations of the office of the city manager, and is therefore called upon to in essence supervise the chief of police.” Moreover, according to Robert Wechsler, Director of Research for City Ethics, "The California statute has an interesting penalty provision. The public officer is "deemed to have forfeited the first office upon acceding to the second." Thus, a mayor who successfully runs for or accepts an incompatible office is no longer mayor. If the mayor won't budge, this penalty may be enforced in an action by the AG, or by a private party with the AG's consent."