The Carmel-by-the-Sea WATCHDOG!

Carmel Art Association Presents RETROSPECTIVE: GERALD WASSERMAN (1920-2011) AND GALLERY SHOWCASE FEATURING CROCETTI & HYBL

2012-02-02T15:34:00.000-08:00

Carmel Art Association
A Proud Heritage:
"Since 1927, this historic Carmel gallery has been a showcase for the works of some of California's most renowned artists. Continuing that proud tradition today, the CAA features paintings and sculpture by over 120 of the area's most noted professional artists living on the Central Coast."
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays.
Open to the Public at No Charge
For more information, Online or (831) 624-6176.

Carmel Art Association Presents RETROSPECTIVE: GERALD WASSERMAN (1920-2011) AND GALLERY SHOWCASE FEATURING CROCETTI & HYBL

Thursday, February 2 – March 6, 2012

RETROSPECTIVE: GERALD WASSERMAN (1920-2011) (Center Room):
Curated by Gerald Wasserman’s friend, artist and art historian Dick Crispo, the Retrospective features Gerald Wasserman’s diverse body of work which spanned decades, including paintings in oil, gouache and watercolor, pen and ink and graphite drawings, monotype prints and bronze sculpture. Much of his artwork was inspired by the human figure, abstract and real presentations. View Wasserman’s painting images, including “Caffe´ Barocco,” Caffe´ Vecchia, Roma,” “Lo Stazione Bar” and “Caffe´ Cortona, ” et cetera. View Gerald Wasserman - New Work: 90th Birthday Exhibition (November 4 - 30, 2010) of twelve painting images, including Eurydice's Address, Persephone's Plan, The Golden Crown, Athene, Zeus, Helene, "321," Apollo, Kouros, Pericles Power, Ariadne's Arc and Euripides Euros. And view Gallery Showcase - Gerald Wasserman "Viva Mexico" (July 3 - August 5, 2008) of five painting images, including Wasserman 1, Wasserman 2, Wasserman 3, Wasserman 4 and Wasserman 5.

GALLERY SHOWCASE: KATHLEEN CROCETTI & HEIDI HYBL (Segal Room):
Sculptor Kathleen Crocetti exhibits small-scale and large-scale glass mosaic panels. View brief biography, et cetera.

Painter Heidi Hybl exhibits abstract oil paintings inspired by the Big Sur coastline. View brief biography and three oil painting images including "Some Red," "Big Picture" and "Evolution.”

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

ADDENDUM:
Gerald Wasserman Biography

Old World Love
Monterey art ambassador Gerald Wasserman puts his European adventures into paint.
By Rick Deragon
Thursday, May 6, 2004

Carmel Art Association on facebook

The Flanders Foundation v. City of Carmel-by-the-Sea, et al. Case Number H035818: City’s Petition for Rehearing Denied

2012-01-31T14:40:00.000-08:00

ABSTRACT: Today, Tuesday, January 31, 2012, the Court of Appeals announced the appellate panel denied the City’s Petition for Rehearing (The Flanders Foundation v. City of Carmel-by-the-Sea, et al. Case Number H035818). With the opinion filed on January 4, 2012, the opinion will now become final on February 3, 2012. The Court’s Docket of relevant recent actions is reproduced. And the City of Carmel-by-the-Sea’s Petition for Rehearing (H035818) is embedded; essentially, the City argued, as follows: In the City’s STATEMENT OF FACTS AND ANALYSIS, the City argued that the “City Responded to Skip Lloyd’s Comment” and “Whether Explicitly or Implicitly, the City Addressed the Core Issue Raised by Skip Lloyd.” The City concluded that "Because the Court’s decision was based on an error of fact that was central to this Court’s opinion, the City of Carmel-by-the-Sea respectfully requests that this Court order a rehearing of this appeal.” Thus, the appellate panel did not agree with the City's arguments and denied the Petition for Rehearing.

6th Appellate District
Docket (Register of Actions)
The Flanders Foundation v. City of Carmel-by-the-Sea, et al.
Case Number H035818

01/04/2012 Opinion filed. (Signed Published) The trial court's judgment is hereby modified to delete the court's finding that the FEIR failed to adequately address the Surplus Land Act issue. As so modified, the judgment is affirmed. The parties shall bear their costs on appeal. (ndm, wcd (retired), bw (pro tem))

01/19/2012 Rehearing petition filed. Defendant and Appellant: City Council of the City of Carmel-by-the-Sea
Attorney: Jon R. Giffen

01/31/2012 Petition for rehearing denied. Appellants' petition for rehearing is denied. (ndm, wcd, retired, bw, pro tem)

CITY Petition for Rehearing 1-18-12 _H035818_

City of Carmel-by-the-Sea’s Petition for Rehearing (H035818)

GOVERNMENT ETHICS: The Lucifer Effect I - IV & Blind Spots I - VIII

2012-01-29T16:46:00.000-08:00

ABSTRACT: In the context of the current campaign for mayor and city council and City Administrator Jason Stilwell’s moral, non-situational ethics philosophy and in a constructive attempt to address the poor ethics environment of Carmel’s city government characterized by city employees’ claims of “hostile workplace environment,” sexual harassment, employment discrimination and retaliation, subsequent monetary settlements totaling approximately $1.4 million and the City Council’s failure to accept responsibility and give a complete and honest apology, titles of posts with selected excerpts for educational purposes and links to posts written by Robert Wechsler, Director of Research, City Ethics, from CityEthics.org “making local government more ethical,” are presented.

The Lucifer Effect I — A Situational Approach to Local Government Ethics
Robert Wechsler
Director of Research, City Ethics
Wed, 2011-10-12

Local governments are hardly prisons, but they are situations that, especially where there are poor ethics environments, can place strong pressures on individuals to go along with unethical norms. The pressures involve us in loyalty, secrecy, becoming and remaining one of the gang, and playing the games necessary to raise funds in order to get re-elected and to appease those with power, whether in the government, in the party, or in the community (that is, large taxpayers, employers, developers, contractors, organizations, and their lobbyists).

The Lucifer Effect II — Situational Forces
Robert Wechsler
Director of Research, City Ethics
Wed, 2011-10-12

The Effect of Situational Forces on New Officials
New officials often get pulled into feeling superior to ordinary citizens. They come in as members of the public who don't know what's what, but they have the chance to become a member of the in crowd, knowledgeable, respected, and arrogant. This is hard to resist. And with the idea of having special knowledge and becoming one of the elect comes the idea that you have special rights, that you deserve things others don't deserve. You are entitled to treat yourself and others differently from the average citizen. This is one of the principal factors in the process of co-opting. And once you're accepted, it's hard to act in such a way that you might be kicked out. It takes a strong rather than a good character. It takes independence of mind as well as courage.

The Lucifer Effect III — Debriefing and Other Ways to Deal with Situational Forces
Robert Wechsler
Director of Research, City Ethics
Thu, 2011-10-13

Zimbardo employs a three-part analysis, adding to the individual and the situation what he calls "the system," the forces that create the situation, that give legitimacy to the unethical norms in a poor ethics environment. "The system" is not just the current leaders, because systems, their norms and unwritten rules have a history. But each set of new leaders chooses whether to allow the unwritten rules to continue, and they also determine the level of pressure that is placed on subordinates to play by the rules, as opposed to the laws or the ethics, and how to create this pressure, that is, through intimidation, setting an example, making examples of those who don't play by the rules, etc.

The Lucifer Effect IV — Miscellaneous Observations
Robert Wechsler
Director of Research, City Ethics
Fri, 2011-10-14

Resisting Influences on Our Behavior
What should a local government official or employee's goal be with respect to dealing with situational forces? It's good to be involved with our environment and to trust those we work with and for. But we also need to distance ourselves to some extent. One advantage government officials have is that there is someone in our organization other than superiors, colleagues, and subordinates. There is the public. Distancing oneself from other officials and employees can take the form of feeling responsible to the public, trying to look at things from their point of view. Taking the public's point of view will cause you to look for appearances of impropriety, which are the core of government ethics.

Being Your Own Guard
I've focused exclusively on the guards in the Stanford Prison Experiment, because they are effectively in the position of government officials: the people with power. But there is something to be learned from the way the prisoners acted. As Zimbardo says, they "became their own guards." They accepted and internalized the rules that were imposed on them, and even when they were given the chance to leave prison, they walked right back in.

This is true, to some extent, of the public. It has the true power in our system of government, and yet it accepts the rules that officials place on them and usually feels powerless. This can best be seen by the failure to attend public meetings and even to vote. But even among those who vote and attend meetings, it can be seen by the acceptance of decisions without explanations and the acceptance of explanations that are seriously inadequate. It can be seen in such statements as, "They're all crooks." It can be seen in the tendency not to stand up to irrational limitations, unless they are seen as partisan. It even takes the form of open support for unethical behavior, especially when one is member of a group that has finally taken power and has, one feels, the right to take what is "rightfully ours," even if what is taken are one's own taxes.

Blind Spots I — Unconscious Unethical Conduct
Robert Wechsler
Director of Research, City Ethics
Mon, 2011-04-04

Blind Spots: Why We Fail to Do What's Right and What to Do about It by Max H. Bazerman and Ann E. Tenbrunsel (Princeton University Press) is a must-read book for government ethics practitioners. This new book (it came out just a couple of weeks ago) incorporates a great deal of research in behavioral ethics to look (1) at what is going on in the minds and actions of those who act unethically but do not intend to act unethically, and (2) at what can be done to change their behavior for the better.

Bounded Awareness
The mechanism that prevents us from seeing what we need to see to make ethical decisions is what the authors call "bounded awareness." We tend to exclude important, relevant information from our decision-making by placing bounds around our definition of a problem. In effect, we put on blinders, like a race horse. We narrow our concept of responsibility (e.g., to our boss rather than to the public), we focus on instructions that are given to us or support a decision our supervisor or local legislators support. We do not ask for neutral external input, and we reject those who differ with us as partisan or self-interested. We focus on meeting a deadline rather than seeking out more information and opinions. We limit ourselves to our functional boundaries, such as engineering, law, finance. We give in to groupthink, that is, seek or accept unanimity rather than consider alternatives. We act out of fear, that is, fear of rejection, of being seen as goody-goody, of the consequences of whistle-blowing, of threatening our job. We focus on the law rather than the ethics.

Blind Spots II — Motivated Blindness
Robert Wechsler
Director of Research, City Ethics
Wed, 2011-04-06

Although we have more trouble seeing our own unethical behavior than we do seeing others' unethical behavior, Max H. Bazerman and Ann E. Tenbrunsel, the authors of the new book Blind Spots: Why We Fail to Do What's Right and What to Do about It, have found that people have a tendency "to overlook the unethical behavior of others when it is not in their best interest to notice the infraction." They call this "motivated blindness."

In the context of local government ethics, motivated blindness can best be seen when local government attorneys are advising their "clients," that is, officials, especially top officials and local legislators, on ethics matters. Too often, they give officials the advice that is in their personal interest (that is, what will not hurt their personal reputation) rather than the advice that is in the public interest.

Blind Spots III — Ethics Training, Ethics Fading, and Ethical Reasoning
Robert Wechsler
Director of Research, City Ethics
Wed, 2011-04-06

"Most of us dramatically underestimate the degree to which our behavior is affected by incentives and other situational factors." This is one of the most important sentences in Blind Spots: Why We Fail to Do What's Right and What to Do about It, a new book by Max H. Bazerman and Ann E. Tenbrunsel (Princeton University Press).

Ethical Fading
This sentence is central to the authors' concept of "ethical fading." Ethical fading involves the elimination of the ethical dimension of a decision. Goals, rewards, informal pressures, even compliance systems effectively blind us to the ethical implications of what we do. The result is that we do not see our behavior as ethical, but as something else: acting for our agency, acting strategically, considering the financial costs and benefits, pushing our party's platform, doing what we are required to do by law, doing what it takes to look good.

Ethical fading is an important obstacle to acting ethically.

Blind Spots IV — Egocentrism
Robert Wechsler
Director of Research, City Ethics
Thu, 2011-04-07

Egocentrism (what they call the "egocentric bias") is at the heart of unethical behavior, in the government ethics sense. When the public interest conflicts with an offical's self-interest, that self-interest is what leads the official to deal irresponsibly with the conflict. It is the official's self-serving judgments that lead him to different conclusions than others have regarding what is a fair solution to a conflict situation.

Blind Spots V — Informal Norms
Robert Wechsler
Director of Research, City Ethics
Fri, 2011-04-08

Government ethics involves itself primarily with the formal norms set forth in ethics codes. But as the authors of the new book Blind Spots: Why We Fail to Do What's Right and What to Do about It (Princeton University Press), point out, "It is through informal mechanisms that employees learn the 'true values' of the organization."

Only when the informal and formal are the same, will the formal be truly effective.

When you do not hear complete and honest apologies, you probably have a poor ethics environment, that is, an organization with informal norms that put self-interest (that is, the true leaders' self-interest; these "true leaders" are not always the ostensible leaders) over the public interest.

Blind Spots VI — Psychological Cleansing and Obfuscation
Robert Wechsler
Director of Research, City Ethics
Sat, 2011-04-09

The denial of unethical behavior, which usually occurs long after the behavior itself, is usually the worst part of an ethics scandal, the adding of insult to injury. The public is faced with two possibilities when an official denies that he did something unethical. This dilemma is well described in Blind Spots: Why We Fail to Do What's Right and What to Do about It, a new book by Max H. Bazerman and Ann E. Tenbrunsel (Princeton University Press):

It is possible that the person doesn't actually believe he behaved ethically, but rather claims to be ethical to reduce the damages associated with his unethical actions. [Another] explanation is also the most troubling in terms of improving one's behavior. It is possible that the person inherently believes in his own ethicality, despite the evidence to the contrary.

Note that the authors say the second explanation is more troubling in terms of improving one's behavior, not what many of us would say: that the official who thinks so well of himself is simply in denial, detached from reality, caught up in a world of power and yes-men. When you believe you act ethically because you are an ethical person, you have no incentive to analyze situations for their ethical aspects or bring ethical reasoning into play.

Blind Spots VII — Indirect Blindness and Moral Compensation
Robert Wechsler
Director of Research, City Ethics
Sun, 2011-04-10

Indirect Blindness
The authors talk about a tendency they call "indirect blindness ... the tendency not to notice unethical actions when people do their dirty work through the behavior of others."

Even when data suggesting unethical intent is obvious, we still let those who behaved unethically off the hook. ... The public and the press too often fail to notice the dirty work that individuals and organizations perform through intermediaries. … By engaging in indirect action under predictable circumstances, decision makers trigger indirect blindness in the eyes of observers and thus are let off the hook for the harm they cause.

In government ethics, the public often recognizes that something is wrong, but they don't know whom to blame, whom to hold accountable.

Blind Spots VIII — How to Handle Our Blind Spots
Robert Wechsler
Director of Research, City Ethics
Mon, 2011-04-11

One solution is to align what they call our "want" and "should" selves, that is, our self-interested and our public-interested feelings, by becoming aware of our blind spots, that is, by recognizing our vulnerability to our own unconscious biases.

Another way to deal with our blind spots is training that helps us identify and correct the distorted feedback we give ourselves, emphasizing the psychological mechanisms that lead to inaccurate recollections and unethical behavior.

ADDENDUM:
Top Ten Ethics Films

Recommended Reading

Carmel Public Library Foundation Presents HARRISON MEMORIAL LIBRARY 2012 LOCAL HISTORY LECTURE SERIES – ‘EARLY CARMEL & FOUNDER FRANK DEVENDORF’

2012-01-28T15:37:00.000-08:00

WHO: Carmel Public Library Foundation and Jack Galante, great-grandson of Frank Devendorf.

WHAT: Presentation by Carmelite Jack Galante, "Early Carmel & Founder Frank Devendorf;" he traces the regional history and development of the City of Carmel, beginning in 1902.
Note: Mr. Galante’s great-grandfather Frank Devendorf (1856-1934) founded Carmel-by-the-Sea with Frank Powers.

WHEN: Tuesday, January 31, 2012 @ 7:00 P.M.

WHERE: Sunset Center, Carpenter Hall
W/s Mission St. @ 9th Av.
Carmel-by-the-Sea, CA.

FOR MORE INFORMATION:
Phone: (831) 624-4629

ADDENDUM:
Frank Devendorf Photo
California Views:
The Pat Hathaway Photo Collection

GALANTE VINEYARDS

Interview
Diversity Training: Growing Various Varietals in a Climate-Varying Valley
by Laurie Daniel, January 26, 2007

Music At All Saints’ Presents NATHANAEL PANGRAZIO AND FRIENDS

2012-01-26T08:04:00.000-08:00

Nathanael Pangrazio, Emmy Nominated Composer
“...Emmy nominated film composer Nathanael Pangrazio. Mr. Pangrazio has worked extensively as a musician in a wide range of capacities. He has classical training as a pianist, conductor, singer and composer.”

Requiem by Nathanael Pangrazio

Music At All Saints’ Presents NATHANAEL PANGRAZIO AND FRIENDS

DATE & TIME: Saturday, January 28, 2012, 8:00 P.M. – 10:00 P.M.

CONCERT VENUE:
All Saints’ Episcopal Church
Dolores St. & 9th Av., S.W. Corner
Carmel-by-the-Sea, CA.

Note: Concert in the Church; Reception following in Seccombe Hall, E/s Lincoln St.

PROGRAM:
Original Compositions by Nathaneal Pangrazio and a group of instrumentalists and singers from Southern California

TICKETS:
General Seating: $25.00 (Adult) $10.00 (Student)
Premium Seating: $45.00
Online
Or cash or check at the church office.

FOR MORE INFORMATION:
Phone 831-624-3883

ADDENDUM:
Audio Clips

Film Clips

FOR SALE $6,500,000: ‘Hacienda Canada De La Segunda,’ 22,000 sq. ft. Spanish Eclectic Style Hospital Building, a 4,000 sq. ft. Former Nurses Quarters, & a 2,000 sq. ft. Residence With Garages on 3.68 Tree-Studded Acres @ 24945 Valley Way, Carmel

2012-01-22T16:11:00.000-08:00

UPDATE (25 January 2012): Additional property information on “Hacienda Canada De La Segunda” from COLDWELL BANKER property information sheet (information sheets available in box on FOR SALE sign at property location) is presented.

COLDWELL BANKER
DEL MONTE REALTY

PROPERTY 24945 Valley Way
Carmel, Ca 93923

PRICE $6,500,000

PROPERTY INFORMATION
LOT SIZE 3.68 Acre
EXTERIOR Stucco
INTERIOR Plaster
ROOF Tile
FIREPLACES Dining Room
FLOORS Linoleum, Cement
GARAGE 3 Car
A.P.# 009-061-003
ZONING 7F

DESCRIPTION
Hacienda Canada De La Segunda – Potential Galore in Carmel

"Originally built as a metabolic clinic this beautiful Mediterranean offers a multitude of possibilities for the imaginative entrepreneur. Unique to Carmel, the 22,000 square foot terraced two story concrete and wood framed Spanish Eclectic style hospital building, a 4,000 square foot former nurses quarters, and a 2,000 square foot residence with garages are all situated on 3.68 tree-studded acres adjacent to Highway 1. Once permitted as a medical/health care facility and with abundant water credits available, this property is perfect for a multitude of users; perhaps a medical clinic, a health club, a care facility, or even the retreat for a large family. This beautifully situated property and dramatic historic structure offer...potential galore in Carmel."

ADDITION INFORMATION AVAILABLE
Tim Allen
DRE # 00891159
(831) 214-1990 – Cell
(831) 626-221 – Office
www.TimAllenProperties.com

ABSTRACT: At the Board of Supervisors November 15, 2011 meeting, the Supervisors unanimously voted to disapprove proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and deny the application. (PLN070497 - Rigoulette [Villas de Carmelo], 24945 Valley Way, Carmel, Carmel Area Land Use Plan), as proposed by Widewaters Group. During Public Comment, Aengus Jeffers (attorney), on behalf of Rigoulette LLC (owner)/McDowell Family (owner of Rigoulette) stated that Widewaters had terminated their option and the McDowells were back in control of the property. Note: Victoria Knight-McDowell, invented Airborne, and Thomas “Rider” McDowell, Knight-McDowell Labs. Jeffers stated that he and his client want to find a use for the hospital building. Going forward, they will start with “LandWatch and the City of Carmel proposed 16-unit property” and determine whether or not it is economically feasible. If it is economically feasible, he said they want to meet with neighborhood residents and other interested parties, and come back to this Board with a project blessed by Sacramento involving substantial savings of water. Note: Video link: (02:32:10 – 02:35:45) Note: "16-unit" project is Alternative 8, Recirculated Draft Environmental Impact Report (RDEIR), supported by LandWatch and the City of Carmel-by-the-Sea (see below). Over two months later, on Januray 18, 2012, the McDowells have listed the former Carmel Convalescent Hospital property with real estate agent Tim Allen, Coldwell Banker, asking price $6,500,000. Property Detail “Remarks” state, as follows: “Built as a metabolic clinic this stately Mediterranean offers many possibilities. The 22,000 sq. ft. Spanish style main building and 2 auxiliary buildings are on 3.68 acres. With abundant water, the property is perfect for many users; a medical clinic, a health club, a care facility or even a family. This beautiful property and dramatic history structures offer...potential galore in Carmel.” Alternative 8 Description and Summary, RDEIR, is reproduced; BOARD OF SUPERVISORS relevant DRAFT ACTION MINUTES are provided; and property details are reproduced with links to further information about the property and photographs.

6.4.8 Hybrid Existing and High Density Zoning Alternative (8)
Description
Per public comment requests, the Hybrid Existing and High Density Zoning Alternative (hereafter referred to as Alternative 8) consists of a combination of the Existing Zoning Alternative and the rehabilitation of the historic structures from the proposed project. Under Alternative 8, the two existing buildings that comprise the historic resource would be rezoned for high density residential uses and converted into approximately 10 units. The remainder of the project site would include buildout at the existing medium density residential zoning (MDR/2), which would include the demolition of the nurses‟ quarters and the construction of 7 single family residences as per the current land use plan and zoning designation for the project site. Building mass and design for residential structures is unknown; however, the residential homes are assumed to have a scale and mass similar to the larger homes in the project vicinity with small lots. As a component of Alternative 8, 13 units would be designated as market rate units, 2 units would be designated as affordable or moderate income units, 1 unit would be designated as a low-income unit, and 1 unit would be designated as a very low-income unit, per Monterey County's Inclusionary Housing Ordinance.

Summary
Alternative 8 would lessen the overall impacts of the development by reducing the area of development and reducing the residential units from 46 units to 17 units, of which 7 units would be allowed under the existing land use plan. Presumably, Alternative 8 would avoid the proposed project’s significant unavoidable impact upon a scenic resource. While on a smaller scale, the objectives of the proposed project would be met. Alternative 8 would rehabilitate and preserve a historic resource, establish a high quality residential community to house future residents of the County, provide market rate, affordable, and workforce housing stock to the Monterey Peninsula, and reuse vacated buildings on a site with infill development.

Source: RECIRCULATED DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE VILLAS DE CARMELO PROJECT
CARMEL, CALIFORNIA
August 2010

BOARD OF SUPERVISORS
Fernando Armenta 1st District
Louis R. Calcagno 2nd District
Simón Salinas 3rd District
Jane Parker District 4th District (Chair)
Dave Potter 5th District (Vice-Chair)

DRAFT ACTION MINUTES
MONTEREY COUNTY BOARD OF SUPERVISORS
MONTEREY COUNTY WATER RESOURCES AGENCY
TUESDAY, NOVEMBER 15, 2011

ROLL CALL
Present: Supervisors Parker (Chair), Armenta, Calcagno, Salinas and Potter.

SCHEDULED MATTERS
S-5 Public Hearing (continued from October 11, 2011) to consider:

Resolution No. 11-371
a. Disapproval of proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and

b. Denial of the application. (PLN070497 - Rigoulette [Villas de Carmelo], 24945 Valley Way, Carmel, Carmel Area Land Use Plan)

Public comment: Mark Bain; Amy White; Angus Jeffers; Molly Erickson; Hans Jongens.

Two corrections presented by staff to the Draft Resolution, changes include: on page 3 at Evidence G correction to the 6th line down correcting date of continued hearing to November 15, 2011 and on page 6 of under Decision A third line down removed recommend certification by the California Coastal Commission.
Motion by Supervisor Potter, seconded by Supervisor Armenta with corrections as presented by staff. ALL AYES

MLS Listings
Property Detail
0 24945 VALLEY WY, Carmel, CA 93923
Offered at: $6,500,000 — Active

Built as a metabolic clinic this stately Mediterranean offers many possibilities. The 22,000 sq. ft. Spanish style main building and 2 auxiliary buildings are on 3.68 acres. With abundant water, the property is perfect for many users; a medical clinic, a health club, a care facility or even a family. This beautiful property and dramatic history structures offer...potential galore in Carmel.

MLS: 81202071
Type: Detached Single Family
Bedrooms: 30
Bathrooms: 21 Full,1 Partial
Interior: 23,368
Lot Size: 160431
Garage: No Garage/Parking
Year Built/Age: 1930

Tim Allen Properties
Coldwell Banker Previews International

Provided By: Tim Allen, Coldwell Banker DMR-Junipero
Telephone: 831-214-1990
Email: tim@timallenproperties.com

Property Detail
MLS#: 81202071
$6,500,000
24945 VALLEY Way
Carmel, CA 93923
Beds: 30
Baths: 22
Square Feet: 23,368
Property Type: Residential Single Family
Status: Active

Remarks
Built as a metabolic clinic this stately Mediterranean offers many possibilities. The 22,000 sq. ft. Spanish style main building and 2 auxiliary buildings are on 3.68 acres. With abundant water, the property is perfect for many users; a medical clinic, a health club, a care facility or even a family. This beautiful property and dramatic history structures offer...potential galore in Carmel.

Area: Carmel Woods
Cooling: No Air Conditioning
Fireplace: Wood-burning
Heating: None
Levels: 02 Story
Lot Size: 160,431 sq.ft.
Parking: No Parking
Roof: Tile

MUNICIPAL ELECTION 2012: Editorials

2012-01-21T16:28:00.000-08:00

ABSTRACT: Regarding the upcoming Carmel-by-the-Sea Municipal Election on April 10, 2012 for mayor and two city council member positions, links to Editorials are presented from the most recent editorials to the earliest editorials.

EDITORIALS
Editorial: An interesting election, The Carmel Pine Cone, January 20, 2012

Editorial: Too much can be too much, The Carmel Pine Cone, January 13, 2012

CITY COUNCIL MEMBER JASON BURNETT: Candidate for Mayor 2012

2012-01-20T06:41:00.000-08:00

ABSTRACT: City Council Member Jason Burnett, elected April 2010, filed preliminary documents October 21, 2011 with City Hall regarding his intention to campaign for Mayor and launched his Burnett for Mayor 2012 campaign website stating “I am Jason Burnett, and I am running for Mayor of Carmel-by-the-Sea to build on the progress we have made by working together for the community we love.” Burnett’s campaign website features Home (facebook, Updates from Jason and Sigh up for updates), About Jason, Issues (Village Character, Natural Beauty, Talent, Energy, and Creativity, Fiscal Responsibility, Working Together and Tough Choices), News, Get Involved (Volunteer, Endorse, Contribute, Contact) and DONATE sections. Quotes from Burnett and About Jason and Issues highlights and Contact information are presented.

“During the past two years as your council member, I have delivered on my promise of a more fiscally responsible, transparent, and accountable government. We have a City Hall we can be proud of.”

“As your Mayor, I will (1) protect our village’s character and natural beauty, (2) promote the talent, energy and creativity that make our community and our economy vibrant, (3) continue to be fiscally responsible, (4) tackle the tough issues in an open, honest manner, and (5) respect all points of view.”
Jason Burnett, 2012

About Jason
“I was born and raised in the Carmel area and live here with my wife, Melissa, and our infant son, Sebastian.”

Issues
Village Character
• We must ensure the Planning Department is fully staffed and has the resources to both process applications in a timely manner and proactively plan for our future.
• We will work to make sure rules are clear and understood by both residents and businesses and are applied evenly.

Natural Beauty
• Many people choose to visit or live in Carmel-by-the-Sea because of the natural beauty a village in the forest by the sea. Protecting and enhancing our beach and our parks is good for business, is good for the environment, and is good for Carmel.
• We must follow our own Shoreline Management Plan including adequate resources for sand replenishment and redistribution.

Talent, Energy, and Creativity
• We will establish City Council criteria for the types of people the full Council wants on boards and commissions and we will open up the process for applying for those positions. We will establish ad-hoc groups to help the community grapple with particularly challenging problems.

Fiscal Responsibility
• Carmel-by-the-Sea’s budget is tight and we will have to make tough choices about where to cut and how to increase revenue. I’ve demonstrated fiscal discipline in changes I advocated in the 2010-2011 and 2011-2012 budgets by reducing the draw from reserves relative to the staff drafts.
• We have and will pursue shared services with neighboring cities and agencies to continue to provide high-quality services at lowest possible cost.
• Past budgets have not fully funded the CalPERS retirement obligation. The unfunded liability has grown over the years to $35 million without adequate scrutiny in part because it was left “off budget.” I am committed to fully funding the annual obligation and sticking to a long-term plan for paying down the existing liability.

Working Together
• As a City Council member, I have listened to and respected all points of view and worked to find consensus with my colleagues where possible.
• I will create an open process for any member of the City Council or members of the public to place an item on the agenda.
• We will hold workshops and special City Council meetings to work through longer-term issues.
• I will continue to host monthly town hall meetings co-hosted with any members of the City Council who would like to join.

Tough Choices
• We will advance Carmel’s interests in securing a portfolio of water supply sources to meet the water shortfall and provide water for appropriate infill development.

Contact If you have anything else you'd like to talk about, please send me an email by clicking below or simply call me at home: 624.3252.

‘MINUTES’ for Six Noteworthy 10 January 2012 City Council Agenda Items

2012-01-19T16:39:00.000-08:00

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, January 10, 2012

Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Burnett, Sharp, Talmage, and Mayor McCloud

ABSENT: Council Member Hazdovac

STAFF PRESENT (partial list): Jason Stilwell, City Administrator
Molly Laughlin, Deputy City Clerk
Don Freeman, City Attorney
Andrew Miller, Monterey Fire Chief

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

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

1. Receive Mayor’s Annual Report

Mayor McCloud did not present the Mayor’s Annual Report; the City said that the “2012 Annual Report has not yet been drafted.”

C. Announcements from City Administrator.

1. Present FY 2010-11 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

Ralph Marcello presented a summary of the FY 2010-11 Draft Audited Financial Statements, including the City reported a loss of $340,000 (compared to a loss of $740,000 in FY 2009/10), $700,000 from State grants, total revenue increase of 3% from previous year and general revenue (discretionary) increase of 1% over the prior year. The major topic for cities is to get out of defined benefit pension plan and switch to a defined contribution plan. The City of Carmel-by-the-Sea provides salaries and benefits not available in the private sector today and therefore the City has the upper hand in union negotiations. Cities may be able to borrow money to pay off their pension obligations, but cities do not have the financial resources to make the debt service payments. The auditor’s opinion was “unqualified,” the highest rating opinion. The City will have to report its unfunded liability at a future date per GASB (Governmental Accounting Standards Board).

3. Fire Services contract update.

City Administrator Stilwell presented the Fire Services contract update. Stilwell announced the retirement of Carmel Fire Fighter Mitch Kastros and stated that Monterey Fire Captain Lou Valdez will move in to fill the vacancy. He announced two transitions beginning January 1, 2012; one transition of the Carmel Fire Department to Staff of the Monterey Fire Department and the other transition of the Carmel Regional Fire and Ambulance (CRFA) to the City of Carmel.

X. Resolutions

A. Consideration of a Resolution entering into a Joint Powers Agreement (JPA) for the purposes of water governance.

City Administrator Stilwell presented the staff report. The Mayors of the six Peninsula Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside decided to form the Monterey Peninsula Regional Water Authority, a Joint Powers Authority, for the purpose of developing a timely regional water project and/or water supply alternative projects. The City Councils of the respective cities will consider the JPA on their respective agendas in January 2012.

City Attorney Don Freeman, city attorney for the City of Carmel-by-the-Sea and the City of Seaside, stated that the document was prepared by the law firm BROWNSTEIN/HYATT/FARBER/SCHRECK of Santa Barbara and attorney Dan Archer, KENNEDY, ARCHER & HARRAY, reviewed the document for the City of Carmel-by-the-Sea.

Mayor McCloud stated that the JPA was decided upon mainly so that the mayors can speak with “one voice” concerning governance. The Mayors briefed Supervisors Dave Potter and Simon Salinas, Cal-Am President, Water District General Manager, Marina Coast General Manager, Monterey Regional Water Pollution Control Agency (MRWPCA) and Waste Management District. The Mayors agreed that the JPA documents preparation (legal costs) was not to exceed $15,000, funded by the six cities, and the JPA is not formed until all six cities adopt the JPA.

Council Member Burnett expressed his concerns about the ratepayers in the unincorporated areas. He stated the focus should be on replacement projects and the inclusion of the County for discussion purposes.

Mayor McCloud opened the meeting to public comment.

Dale Hekhuis expressed support for a JPA, but expressed serious concerns about JPA powers, membership, expertise, budget and the need for requirements for cost controls. He said the JPA was too generic and bureaucratic and recommended the cities start over and focus on cost control, efficiency and project focus.

Amy White, LandWatch Executive Director, expressed concerns about the lack of representation for the unincorporated areas, viable projects and lack of public participation in developing JPA.

Roger Dolan, representing Carmel Valley Association, endorsed the formation of the JPA but advocated for the inclusion of the Water Management District.

Rich Pepe advocated action on the JPA

Monte Miller asked whether the JPA could be modified to include the Water Management District.

Keith Israel, General Manager, Monterey Regional Water Pollution Control Agency (MRWPCA, a JPA) recommended appropriate representation for the unincorporated areas, a technical advisory committee and utilization of staffs of existing organizations to speed implementation and keep costs low.

Libby Downey, Board Member, MRWPCA, advocated for representatives with expertise, process openness and inclusion of Water Management District. She recommended continuance of agenda item.

Safwat Malek advocated for action because “time is of the essence.”

Roberta Miller expressed concerns about unintended consequences of JPA, including costs, and recommended continuance of agenda item.

Mayor McCloud closed the meeting to public comment.

City Attorney Don Freeman stated that it would be difficult to modify JPA at meeting.

Council Member Talmage said that the City either must learn to live within its means, which he prophesized would mean reduced services, or the City must find new revenue sources to increase revenue in order to accomplish needed projects, such as the Scenic Road/Santa Lucia Av. restroom facility. He recommended Council approve the Resolution and identify list of side issues, including identify alternative projects, include unincorporated areas, technical advisory committee, utilize existing staff and involve Water Management District, for the Mayor to discuss with other Mayors for action.

Council Member Burnett recommended giving entities an opportunity to participate.

Council Member TALMAGE moved to approve a Resolution entering into a Joint Powers Agreement (JPA) for the purposes of water governance and authorize the Mayors to execute the JPA and authorize the Mayor to discuss side issues, including identify alternative projects, inclusion of unincorporated areas, technical advisory committee, utilize existing staff and Water Management District involvement, for action, seconded by Council Member BURNETT, and passed by the following roll call vote:

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

XI. Orders of Council

A. Receive report on the implementation plan for recommendations of the CalPERS Committee.

City Administrator Stilwell presented a Power Point Presentation.

Committee Recommendation #1: Pay the Side Fund Debt

Short-term
• One of several liabilities of the City that is unfunded or underfunded
• Prioritization of the liabilities
• Conduct a reserve analysis
• Spend available reserves in priority liabilities
-Recommend as component of budget process

Long-term
• Identify source of repayment
-Future revenue growth
-A new revenue source
-Include as long-term expenditure component in budget

• Debt analysis
-Impact of Pension Obligation Bond (POB) in City’s debt structure
-Analyze risk
-Engage financial advisor and underwriting

Recommended Actions for paying down the side fund:
• Engage financial advisor to prepare POB analysis

As part of the budget process:
• Complete reserve analysis
• Prioritize liabilities
• Indentify revenue sources available for liabilities
• Appropriate available one-time reserve balances

Determine Valuation

Committee Recommendation #2: “pass a non-binding resolution to terminate the CalPERS pension plans in order to obtain estimates of the termination unfunded liabilities and to make it possible to subsequently terminate the plans if this appears to be desirable at that time.”

• Termination is expensive and infeasible
• Valuation estimate is important
• CalPERS is required to complete the liability estimate as part of resolution to terminate
• City can complete actuarial analysis based on the CalPERS annual valuation estimate
• Both are estimates

Recommended Actions for adopting a resolution to terminate to determine valuation estimate:

• Do not adopt Resolution to terminate
• Develop a forecast estimate of the City’s pension liability

Committee Recommendation #3: “The Side Fund Debts and the Termination Unfunded Liabilities represent costs that will have to be paid either sooner (via termination and/or payment of the Side Fund Debt) or later, with pension contributions that would be greater than if those liabilities did not exist. In order that the City’s taxpayers and employees are fully informed about these obligations, the Committee recommends that the latest estimates of their magnitudes be included on the City’s Financial Reports, either in footnotes or comments.”

Committee Recommendation # 4: “while the City chooses to remain within the CalPERS pension system it negotiate with its unions and prospective employees to provide substantially lower defined benefits. This should be accomplished by adopting tiers with less generous terms and basing benefits on highest three-year average salaries.”

Lower Benefits
• City Council and labor organizations have approved lower second tier retirement benefits
-These second tier include lower defined benefits based on three-year average salary.

• CalPERS is developing valuations and legislative documents for City’s change
-The estimated timeframe to complete the CalPERS requirements to amend the contract is approximately 90 days including the actions required by the City.

• Other efforts require change in legislation at the State level and negotiation with the City’s remaining units.

Recommended Actions for adopting a lower benefits:
• Proceed with CalPERS contract change
• Continue negotiating with City’s labor organizations

SUMMARY: Recommendations #3 and # 4 are underway; Recommendation # 1 Paying down side fund debt requires policy direction from Council and requires policy direction for determination of valuation.

On Recommendation 1: Pay the Side Fund Debt

Council Member Burnett identified hybrid payment method to pay the Side Fund Debt involving reserve funds, pension obligation bond and revenue source.

Mayor McCloud opened the meeting to public comment.

Monte Miller advocated for increased revenues.

Barbara Livingston advocated for increased fees to hotel taxes, for example.

Carrie Theis, Hofsas House, stated that “things are improving,” but she would have difficulty explaining to guests that increase in rates are due to City’s funding city employees’ retirements.

Mayor McCloud closed the meeting to public comment.

Council Member Burnett stated that the Side Fund Debt interest rate is 7.75% and advocated for pursuing pension obligation bonds.

Council Member Talmage advocated for a “forward looking financial model.” for the next ten years prior to using not more than $2 million in reserve funds towards reducing Side Fund Debt, bond counsels and option alternatives to fund services “gap.”

Council Member Burnett recommended determining valuation by hiring an actuarial, not CalPERS termination process.

B. Approve deaccession of certain artwork.

Janet Bombard, Library Director presented the presentation.

Deaccessioning is defined as the formal process of removal of an object from a collection. The policy defines the scope of the collection parameters as follows:

• Work by artists who have lived, worked, or taught in Carmel, or who studied or belonged to regional art associations, such as the Carmel Art Association.
• Art of or about Carmel localities.
• Art pertaining to Carmel history.
• Art that can be safely, effectively, and appropriately cared for by City staff.
(concerns include stability, size, storage ramifications and possibility for public display).
• Contemporary art by established artists with subject matter, such as seascapes, that relate to the history or geography of Carmel.

The six paintings do not fit the collection parameters outlined above, but meet three of the 12 criteria listed in the Deaccession Policy:

• Retention is inconsistent with the established Scope of Collection.
• It cannot be adequately stored or cared for.
• The artwork will never, in all likelihood, be placed on display because of size, weight or lack of a suitable site.

Bombard reviewed the artworks; all artworks are large, Waisler (Los Angeles artist) artworks average 5.5’ high x 10’ wide and Rudolf Haegele (deceased German artist) artworks average 6’ high x 3’ wide.

Artist/Designer: Lee Waisler
Title/Description: "Passage" (Part One)
Date: 1993
Medium: Acrylic Sand Glass, Walnut Shell, & White Oak Wood on Canvas
Dimensions: 65" high by 101" wide

Artist/Designer: Lee Waisler
Title/Description: "Passage" (Part Two)
Date: 1993
Medium: Acrylic Sand Glass, Walnut Shell, & White Oak Wood on Canvas
Dimensions: 59" high by 125" wide

Artist/Designer: Lee Waisler
Title/Description: "Red Dutch House"
Date: 1992
Medium: Acrylic Sand Glass on Canvas
Dimensions: 66" high by 96" wide

Artist/Designer: Rudolf Haegele
Title/Description: "Dipped in Red"
Date: 1993
Medium: MT/PA
Dimensions: 74.25" high by 34.25" wide

Artist/Designer: Rudolf Haegele
Title/Description: "Static Interference"
Date: 1993
Medium: MT/PA
Dimensions: 74.25" high by 34.25" wide

Artist/Designer: Rudolf Haegele
Title/Description: "Island"
Date: 1993
Medium: MT/PA
Dimensions: 74.25" high by 34.25" wide

In response to Council Member Talmage’s query, Janet Bombard said the proceeds will be placed in a deposit account for the care and maintenance of existing City art. Consultant Sheryl Nonnenberg has made a list of auction houses to approach, including Clars and Michaan’s Auctions, as recommendations.

City Administrator Stilwell stated that the donor of the aforementioned artworks donated the artworks with the understanding that the artworks would be deaccessioned.

Mayor McCloud opened the meeting to public comment.

Barbara Livingston asked what the expected amount the sold artworks would bring and stated the Promenade at Sunset Center could be considered for the exhibition of these large artworks.

Mayor McCloud stated estimated proceeds in the “six figures.”

Paul Duncan advocated for the selling of City artworks in order to meet the City’s unfunded liabilities.

Janet Bombard stated that there is a difference between insurance valuations and auction values.

Mayor McCloud closed the meeting to public comment.

City Administrator Stilwell estimated that approximately 10% of total City artworks might meet criteria for deaccession.

Council Member Burnett requested a future city council agenda item for a discussion of the creation of a fixed term citizen committee to assist in advising for deaccession prior to the next round of deaccession.

Mayor McCloud stated that the City has had three different groups of people and it did not work.

Council Member SHARP moved to approve deaccession of six artworks, seconded by Mayor McCLOUD, and passed by the following roll call vote:

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

An Open Letter to Jason Burnett, City Council Member

2012-01-16T16:49:00.000-08:00

Your position on Flanders Mansion articulated in The Carmel Pine Cone (6 January 2012) (see below) is consistent with your comments at your Town Hall meeting on the morning of Monday, 9 January 2012 and inconsistent with your Letter to the Editor (13 January 2012) and your website posting My Position Regarding Flanders by Jason Burnett on January 13, 2012 - 12:04pm. It appears then that you changed your mind between Monday morning (Town Hall Meeting) and Monday afternoon (Council Closed Session), five days after the Court published its opinion. The public deserves to know what transpired to make you change your position and make the motion to have the Appellate Court reconsider their decision. In addition, what is your position if the City loses the "reconsideration?"

Appeals court clears way for Flanders sale
- But Burnett says it should be leased instead By MARY SCHLEY
Published: January 6, 2012

But councilman Jason Burnett, the frontrunner to be Carmel’s next mayor, said even a relatively minor update to the EIR will be too time consuming and costly, with no assured outcome. Despite years of unanimous decisions by the city council to sell the historic home and a 2009 public vote overwhelmingly in favor of the sale, he said the ruling by the Sixth Appellate District provides an opportunity for the city to abandon its plan to sell the mansion and put it up for longterm lease as a single-family home instead.

“It’s disappointing that we can’t find a resolution to this controversy,” Burnett said. “I think most people are hoping we can put this behind us, and the court decision underscores the logic in approaching that by turning it into single-family residence by some other means.”

Leasing it to someone who would restore and maintain it, whether a family or a curator, could probably “be accomplished without any legal fight,” he said.

Billig and her attorney, Susan Brandt-Hawley, took the appellate court’s decision as a triumph.

“The foundation is pleased and gratified that Judge Kingsley’s ruling was upheld,” Billig said in a statement. “This is a good time for all of us to take another look at Flanders and the park as a whole and to think creatively about working together for a lasting solution for Flanders Mansion and the people of Carmel-by-the-Sea.”

Burnett said he feels similarly, regarding the mansion’s fate.

“The problem is that this could go on forever: You fix one problem and then come back and find some other problem,” he said.

Amending the EIR would be costly and would require circulating it for additional comments that could raise additional environmental concerns. The economic feasibility study would also have to be revised, “and we don’t know what the results would be,” he said.

Holding another public vote would be expensive, too.

“I see the main objective as getting out from under this asset that is costing taxpayers money rather than earning something for taxpayers,” he said. “During a longterm lease, for example, we could probably get close to the amount of money as we would in a sale, but that would depend on what the market will bear.”

He speculated someone would be interested in taking on the costs of restoring the historic home in exchange for the enjoyment of living in it for many years.

CITY COUNCIL MEMBER JASON BURNETT'S RESPONSE:

The position I had as a candidate for City Council and as a member of the City Council has been that my job is to work to implement the will of the people as expressed in the Measure I vote. I agree with you that this was not clear in the first Pine Cone article but I made this point at my Town Hall meeting and later in my letter to the editor.

When I had my Town Hall meeting I said that I did not yet have the benefit of the legal analysis of our lawyers and therefore my thinking was preliminary (I always try to make this point because I try to keep an open mind until I have heard all the facts and all the points of view). While I cannot get into the details of the Closed Session meeting (legally we are not permitted to do so), I can say that we talked with our lawyers and I reached the conclusion that reconsideration is the shortest path forward that is consistent with my long-held position that I should work to implement the outcome of Measure I. That is the reason I made the motion.

I don't want to speculate at this point about what might happen if the City were to lose the reconsideration.

Does this make sense?

CONSTITUENT'S REPLY:

No, the cognitive dissonance is too great for it to make any sense.

As to your statement, “I don't want to speculate at this point about what might happen if the City were to lose the reconsideration:” The overarching problem with our city government’s process of selling Flanders Mansion has been Mayor Sue McCloud’s and City Councils’ failure to satisfactorily think through the consequences of their actions. As a result, to date, $1,047,319.39 in taxpayer monies has been expended needlessly and unwisely.

P.S. If the mayor and city council had the vision in 2000 to sign a lease with the Flanders Foundation, the Flanders Mansion would be rehabilitated today and the National Register of Historic Places building would be an asset to Mission Trail Nature Preserve and enhance the experience of public park users.

Carmel Music Society Presents Carmel Music Society presents THE ISRAELI CHAMBER PROJECT

2012-01-16T16:09:00.000-08:00

Carmel Music Society
“Since 1927 the Carmel Music Society has presented concerts by renowned classical artists from around the world.”

“The Carmel Music Society, now incorporating the Mozart Society of California, presents an eight-month season of world-class performances, and for 35 years we also have sponsored a competition for aspiring young musicians.”

Carmel Music Society Presents Carmel Music Society presents THE ISRAELI CHAMBER PROJECT

Behind the Scenes with the Israeli Chamber Project (10:00)

MUSICIANS OF THE ISRAELI CHAMBER PROJECT
Tibi Cziger, clarinet
Michal Korman, cello
Sivan Magen, harp
Assaff Weisman, piano
Itamar Zorman, violin

VISION: Winner of the 2011 Israeli Ministry of Culture Outstanding Ensemble Award, the Israeli Chamber Project brings together some of the finest young Israeli musicians to perform classic and contemporary chamber music of the highest quality. Based both in New York and Israel, we present chamber music concerts, educational and outreach programs, bringing something back to the people of Israel and something of Israel to concertgoers overseas. We believe in the power of music to heal and to transcend geographical and cultural boundaries, and that by leveraging our collective talents, we can create a powerful and meaningful experience for all people.

DATE & TIME: Sunday, January 29, 2011 @ 3:00 P.M.

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

PROGRAM:
DMITRY SHOSTAKOVICH (1906 – 1975)
Piano Trio No. 1 in C minor, Op. 8

SEBASTIAN CURRIER (b 1959 )
Night Time for harp and violin

BELA BARTOK (1881 – 1945)
Contrasts

intermission

PAUL BEN-HAIM (1897 - 1984)
Three Songs Without Words for harp and clarinet

JOHANNES BRAHMS (1833 - 1897)
Clarinet Trio in A minor, Op. 114

TICKETS:
Online
By phone, please call 831.625.9938
$43.00/$39.00/$35.00/$30.00

ADDENDUM:
Modern and classical, hand in hand: Israeli Chamber Project bringing verve, scope to local concerts
by dan pine, j. staff

Watch & Listen

Israeli Chamber Project on facebook

Monterey Symphony Presents A GUIDE TO IBERIA & THE RHINE

2012-01-15T13:58:00.000-08:00

“2011-2012 A Season of Fantasy, Stories and Tales”

Monterey Symphony
MISSION STATEMENT: “To engage, educate, and excite the people of our region through the performance and continual discovery of symphonic music.”

Monterey Symphony Presents A GUIDE TO IBERIA & THE RHINE

Guest Conductor Peter Bay and violinist Michael Ludwig lead the way through a musical pastiche gypsies, flamenco, tango then on to the pastures of Germany and the Cathedral of Cologne as “described” in Schumann’s Rhenisch Symphony. Christoph Eschenbach, Music Director of Philadelphia Orchestra has dubbed Ludwig “one of the great young violinists of our time.”

Musicians

DATES & TIMES:
Sunday, January 22, 2011 @ 3:00 P.M.
Monday, January 23, 2011 @ 8:00 P.M.

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

PROGRAM:
ANTONIN DVORAK (1841 - 1904)
My Homeland Opus 62

ÉDOUARD LALO: Symphonie Espagnole, Op. 21. 4th. Mov. Andante. Itzhak Perlman, violin.
EDOUARD LALO (1823 - 1892)
Symphonie espagnole

ROBERT SCHUMANN (1810 - 1856)
Symphony No.3 “Rhenisch”

TICKETS:
Online

$75.00/$55.00/$36.00/$26.00
Facility Fee (online): $3.00/Ticket

FOR MORE INFORMATION:
Email: info@montereysymphony.org

Monterey Symphony
2560 Garden Road, Suite 101
Monterey, CA 93940

Phone: 831-646-8511
Toll Free: 800-698-1138
Fax: 831-644-0669
Box Office: 831-646-8511

Office Hours: 9:00 A.M. - 5:30 P.M., Monday – Friday

SPECIAL EVENT:
Friends Luncheon – January 2012
Thursday, January 19, 2012 @ 11:30 A.M.
Corral de Tierra Country Club
Corral de Tierra, CA.

Guest Speaker
Michael Ludwig, violinist
11:30 A.M. – No Host Cocktails
12:15 P.M. – Luncheon
1:15 P.M. – Presentation
Cost: $45 per person

ADDENDUM:
Michael Ludwig Discography

Monterey Symphony Newsletter (January 2012)

Monterey Symphony on facebook

Monterey Symphony on twitter

City Council Member Jason Burnett: Positions on Flanders Mansion

2012-01-13T09:44:00.000-08:00

UPDATE:
My Position Regarding Flanders
by Jason Burnett on January 13, 2012 - 12:04pm
Carmel-by-the-Sea
COMMUNITY CONVERSATION

ABSTRACT: In the 13 January 2012 edition of The Carmel Pine Cone, The Carmel Pine Cone published City Council Member Jason Burnett’s position on Flanders; excerpt highlights and a link to the Letter to the Editor are presented. Contradicting Burnett's Letter to the Editor, an email from City Council Member Jason Burnett to a constituent, sent 4 January 2012, is reproduced (relevant sections), describing his “position on Flanders.”

LETTER TO THE EDITOR EXCERPT HIGHLIGHTS:
• “I would like to clarify my position regarding Flanders Mansion. I have consistently stated that the best option is a sale, in line with the public vote.”

• “I hope this is successful. If not, I intend to pursue options for addressing the court decision in a manner that allows for a sale.”

Burnett’s position on Flanders, Jason K. Burnett, Carmel, Letters to the Editor, The Carmel Pine Cone, January 13, 2012, 24A

CITY COUNCIL MEMBER JASON BURNETT'S EMAIL TO A CONSTITUENT:
Sent Wed 1/4/2012

You asked for background information on my August 2010 agenda request to "Discuss and set minimum requirements before the Council would actively consider an offer to lease, purchase, curatorship, or enter into a life estate agreement for Flanders Mansion." The email below may be helpful background. I thought (and continue to think) that the best option may very well be to find someone willing to lease the land and/or the building or to engage in some other arrangement short of a sale. I talked with a few people and looked into what other jurisdictions do to address similar situations (why not learn from others?). This could stop the hemorrhaging of legal fees and resolve a controversy that has gone on for far too long.

Suffice it to say, despite repeated efforts I was unable to convince the Mayor to place the item on the agenda and, at this point, believe the best course of action is to wait until May when we will have a new City Council composition and a new Mayor.

From: Jason Burnett
Subject: Fwd: Flanders
Date: September 9, 2010 11:19:35 AM PDT
To: Rich Guillen

As we discussed.
-----------------------
Jason K. Burnett
831.238.0009 (cell)
jason.burnett@gmail.com

Begin forwarded message:

From: Jason Burnett
Date: June 2, 2010 9:33:13 PM PDT
To: Karen Sharp , Kenneth Talmage , Paula Hazdovac , Sue McCloud
Subject: Flanders

FYI only. Please see http://www.dnr.state.md.us/land/rcs/index.asp for a sense of what another jurisdiction (State of Maryland) has done with old buildings on their public land. Note the several current offerings contain RFPs that might be of assistance as templates or at least to get ideas if we pursue this route.

See:
1. http://www.dnr.state.md.us/land/rcs/pdfs/Reserve%20House%20RFP.pdf
2. http://www.dnr.state.md.us/land/rcs/pdfs/grovefarm_march09.pdf
3. http://www.dnr.state.md.us/land/rcs/pdfs/Doncaster%20RFP.pdf

Thanks,
Jason
----------------------

COMMENTARY City Council Member Jason Burnett: An Opportunistic, Expedient Politician

2012-01-11T20:31:00.000-08:00

During the Municipal Election campaign of 2010, an Editorial in the Carmel Pine Cone stated, as follows:

Burnett handled the line of questioning smoothly and promised that if he is elected to the city council, he will serve all four years of his term. In other words, he will not run for mayor in 2012, or enter the Democratic Party primary for U.S. Congress, or anything else.
(Source: Editorial: Still mad about 2002? The Carmel Pine Cone, Published: March 12, 2010)

Two years later, in 2012, an article in Monterey County Weekly stated, as follows:

Burnett, who announced his plans to run for mayor in October, says he committed during the 2010 campaign to serve Carmel for a full term, though not necessarily without running for higher office within city government.

(Source: News Blog
Carmel Mayoral Race Heats Up, And Levels Out
By Sara.Rubin December 13, 2011)

In 2010, with regard to the Flanders Mansion Property, the Carmel Pine Cone quoted Jason Burnett as being in favor of a “sale” of the Flanders Mansion, as follows:

Jason Burnett, who hopes to win a council seat in the April 13 election, said he hasn’t developed an opinion about what should be done in the wake of Kingsley’s ruling.

“I haven’t yet had a chance to talk with the city attorney, so I don’t fully know what the options are, but I certainly hope we can find an option that minimizes the risk of further litigation at taxpayers’ expense, because I think people are tired of continuing to pay so many lawyers so much money,” he said. “I think there are several options for moving forward with a sale.”

(Source: City to appeal Flanders decision
By MARY BROWNFIELD, The Carmel Pine Cone, March 26, 2010)

Then, in late December 2011, The Carmel Pine Cone reported that City Council Member Jason Burnett was in favor of “a long-term lease as a single-family home” for the Flanders Mansion to avoid the time and cost of updating the EIR, recirculation of EIR for public comments, another City Council vote and public vote, as follows:

But councilman Jason Burnett, the frontrunner to be Carmel’s next mayor, said even a relatively minor update to the EIR will be too time consuming and costly, with no assured outcome. Despite years of unanimous decisions by the city council to sell the historic home and a 2009 public vote overwhelmingly in favor of the sale, he said the ruling by the Sixth Appellate District provides an opportunity for the city to abandon its plan to sell the mansion and put it up for long-term lease as a single-family home instead.

“It’s disappointing that we can’t find a resolution to this controversy,” Burnett said. “I think most people are hoping we can put this behind us, and the court decision underscores the logic in approaching that by turning it into single-family residence by some other means.”

“The problem is that this could go on forever: You fix one problem and then come back and find some other problem,” he said.

Amending the EIR would be costly and would require circulating it for additional comments that could raise additional environmental concerns. The economic feasibility study would also have to be revised, “and we don’t know what the results would be,” he said.

Holding another public vote would be expensive, too.

“I see the main objective as getting out from under this asset that is costing taxpayers money rather than earning something for taxpayers,” he said. “During a longterm lease, for example, we could probably get close to the amount of money as we would in a sale, but that would depend on what the market will bear.”

(Source: Appeals court clears way for Flanders sale
- But Burnett says it should be leased instead
By MARY SCHLEY, The Carmel Pine Cone, January 6, 2012)

And most recently, during a City Council Closed Session on Monday, 9 January 2012, regarding Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818, City Council Member Jason Burnett made a motion to authorize the staff to file for a rehearing/clarification of the appellate court’s decision, seconded by Council Member Ken Talmage, and passed unanimously, according to City Attorney Don Freeman.

In closing, in 2010, Jason Burnett wrote an op-ed about Hewlett-Packard and the HP Way, including the statement, as follows: “...in 1999, the company was still hewing closely to the guiding vision that our grandfathers laid out, which put a premium on integrity, respect for employees and a focus on how the company's work would benefit the broader community. It was known simply as the HP Way.” Unfortunately, it appears that Jason Burnett, grandson of David Packard, co-founder of Hewlett-Packard (1939), does not have the same ethic of integrity. Public office is indeed a public trust; a person lacking integrity should therefore not be entrusted by the people to serve in public office, as a public servant.

Published & Written by
L. A. Paterson

Six Noteworthy 10 January 2012 City Council Agenda Items

2012-01-08T23:29:00.000-08:00

ABSTRACT: Six Noteworthy 10 January 2012 City Council Agenda Items, namely Receive Mayor’s Annual Report, FY 2010-11 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs, Fire Services contract update, a Resolution entering into a Joint Powers Agreement (JPA) for the purposes of water governance, Receive report on the implementation plan for recommendations of the CalPERS Committee and Approve deaccession of certain artwork, are presented. Agenda Item Summaries are reproduced and the FY 2010-11 Draft Audited Financial Statements, Joint Powers Agreement (JPA) for the purposes of water governance and Staff Reports, et cetera, for report on the implementation plan for recommendations of the CalPERS Committee and Approve deaccession of certain artwork are embedded.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
Regular Meeting
Tuesday, January 10, 2011
4:30 p.m., Open Session

Live & Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

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

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

1. Receive Mayor’s Annual Report

C. Announcements from City Administrator.

1. Present FY 2010-11 Draft Audited Financial Statements by Ralph Marcello, Marcello & Company CPAs.

TO: McCLOUD AND COUNCIL MEMBERS

FROM: JASON STILWELL, CITY ADMINISTRATOR

DATE: JANUARY 10, 2012

SUBJECT: RECEIVE 2011 AUDIT REPORT

Attached are the annual financial reports for year end June 30, 2011 prepared by the City's independent outside auditor. We are pleased to report the independent auditor is able to provide an unqualified opinion that the City's financial records and statements are fairly and appropriately presented, and in accordance with Generally Accepted Accounting Principles (GAAP).

Staff worked closely with the auditor this year to assure he had the information necessary to complete the audit. Finance staff were responsive to the auditor's needs and I appreciate their efforts knowing the work that is required to have the City's financial records in order and available during the crunch of an annual audit. The auditor found a positive cash variance of $126,196 resulting from reconciliation of actual cash balances to the accounting system recorded fund balances. That variance is being analyzed and will be adjusted in the City's accounting system.

Given the budget reductions and staff changes the city needs to ensure that the core administrative functions of personnel and financial management are appropriately staffed and effective. It is important that the City Council and City Administrator determine the appropriate management of the organization. The top priority of the organization, as determined by my assessment of the organization and interview with management, is management and oversight of finance, human resources, information technology, risk management, benefit administration, and related assignments. In this time of budget austerity it is important to be selective in the management positions needed in the organization and assure the positions are the ones that will best enable the City organization to operate effectively so departmental staff can provide excellent service to the public.

Segmentation of responsibilities is important in any organization and especially so in Carmel given the staffing changes and differing role assignments. The City has a strong administrative core of staff in place with highly motivated individuals. They have assumed additional duties as staff turnover and reductions have occurred over the years. There is a need and an opportunity to conduct a complete review of internal controls within the reporting and accounting structure, after the City fills the administrative position. Neither I nor the independent auditor has uncovered any misappropriation of assets or fraudulent financial reporting but we want to prevent the risk of such.

Annual Financial Report FY 2010

FY 2010-11 Draft Audited Financial Statements

3. Fire Services contract update.

X. Resolutions
A. Consideration of a Resolution entering into a Joint Powers Agreement (JPA) for the purposes of water governance.

Description: In light of the possibility that California-American Water Company (CalAm), will be required to cease all but a small amount of diversions from the Carmel River Valley by 2016 and the ongoing issues with the Regional Desalination Project ("Regional Project"), the mayors of the Peninsula Cities (Carmel, Monterey, Pacific Grove, Seaside, Sand City, and Del Rey Oaks) have determined that it is in their best interest to form a Joint Powers Authority to provide a diverse array of options to undertake actions with regard to development of the Regional Project or one or more alternative water supply projects to offset the water supply restrictions. The purpose of the Authority is to provide a public forum for deliberation and participation in the governance of such water supply projects that includes representation directly accountable to the customers served by Cal-Am.

Overall Cost: The Agreement is drafted to provide the revenues necessary for the Authority's operations, but it also includes provisions to appropriately limit the Cities' financial exposure.

Staff Recommendation: Staff recommends approval of the Agreement to advance the City's interest in ensuring that a prudent and cost-efficient water supply project is developed in a timely way to avoid the severe water supply restrictions facing the City.

Important Considerations: If the present impediments to the Regional Project are resolved and it remains a viable water supply solution, the Authority will provide an open and deliberate process for the Cities to express their views and concerns as the Regional Project proceeds. If the Regional Project ceases to be viable, the Authority may provide a means for the Peninsula Cities to pursue development of an alternative replacement water supply project.

Decisions by the Authority's Board of Directors will be made by one director, one vote, unless a weighted vote is requested by a director. In that case, voting will be weighted in proportion to each city's three-year weighted average receipt of water from Cal-Am.

Decision Record: None

Resolution entering into a Joint Powers Agreement for Water Governance January 2012

Staff Report: Joint Powers Agreement (JPA) for the purposes of water governance.

XI. Orders of Council
A. Receive report on the implementation plan for recommendations of the CalPERS Committee.

Description: The CalPERS Pension Committee's final report was presented to the City Council at its November 1, 2011 meeting. The Council directed staff to return with a proposed implementation plan for the four recommendations submitted by the committee. The following report provides additional analysis and outlines the requirements associated with implementing the Committee's recommendations.

Overall Cost: N/ A

Staff Recommendation: Receive the report.

Important Considerations: The implementation of the CalPERS Pension Committee recommendations are progressing. Implementing certain recommendations will require coordination with CalPERS, which is in process. Others require additional policy direction from the City Council, and still others will require negotiations with the City's recognized employee bargaining groups. This agenda item will provide the opportunity for staff to describe the implementation effort and for the City Council to identify additional policy direction.

Decision Record: None

Receive report on the implementation plan for recommendations of the CalPERS January 2012

Staff Report: Receive report on the implementation plan for recommendations of the CalPERS Committee.

B. Approve deaccession of certain artwork.

Description: On June 8, 2010, the Council adopted Resolution 2010-43, which defined the scope of the City's art collection and authorized art consultant Sheryl Nonnenberg to begin a process for deaccessioning pieces of art that do not fit the parameters of the adopted Art Collection Management Policy. On November 1, 2011, the Council approved the City's Deaccession Policy for the Art Collection, which includes a set of criteria for deaccessioning artwork. The first set of items proposed for deaccessioning are three abstract paintings by artist Lee Waisler and three abstract paintings by artist Rudolf Haegele.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Approve deaccession of the six pieces that meet the criteria.

Important Considerations: The paintings do not fit within the parameters of the City's Art Collection Management Policy: they do not pertain to Carmel's history or geography; neither artist lived, worked, or taught in Carmel; and the artwork is too large to display and is difficult to store. Also, these pieces meet several of the criteria for deaccessioning, as outlined in the Deaccession Policy. Proceeds from the sale will be used in accordance with City policy, to conserve and maintain the City's art collection.

Decision Record: Resolution 2010-43, adopted on June 8, 2010, which defines the art collection and authorized the formulation of a deaccessioning process; and Council's direction provided on November 1, 2011, to approve the deaccessioning policy.

Approve deaccessioning of certain artwork Jan 2012

Staff Report: Approve deaccession of certain artwork

Annual Financial Report FY 2010/11

2012-01-08T23:21:00.000-08:00

Annual Financial Report FY 2010

FY 2010-11 Draft Audited Financial Statements

FINANCIAL HIGHLIGHTS
The City's assets exceeded liabilities at June 30, 2011, by $27,918,739. The current year change in net assets was ($339,992).

• Of the total net assets, $18,876,010 was invested in capital assets (net of related debt) or had restrictions on their use.

• As of June 30, 2011, the City's governmental funds (general fund and special revenue funds) had a combined fund balance of$10,486,101, a decrease of$669k from the previous year. Of the total fund balance, $440k was restricted; $8.4m was committed for capital acquisitions and future expenditures, $68k assigned for improvements to the Forest Theater; and $1.4m was unassigned.

COMMENTARY Irreplaceable Treasures: Flanders Mansion & Mission Trail Nature Preserve

2012-01-06T23:14:00.000-08:00

The Case for the City Negotiating a Long-Term Lease with Flanders Foundation

For too long, our elected and appointed city officials have defined Flanders Mansion as “surplus property,” even a “liability” to the City of Carmel-by-the-Sea. For too long, city officials have not seen it necessary to make Flanders Mansion accessible to the public. And for too long, city officials have defined Flanders Mansion in terms of the financial costs of maintaining Flanders Mansion, rather than understanding its value is as a unique historical, cultural and environmental asset. These aforementioned mindsets have prevented city officials from properly fulfilling their public stewardship responsibilities. Fortunately, with the upcoming 10 April 2012 Municipal Election, Carmel voters will have the opportunity to choose elected leaders who view Flanders Mansion and surrounding Mission Trail Nature Preserve parkland as irreplaceable treasures whose preservation, maintenance and accessibility is in the public interest.

Importantly, the City’s General Plan states: "Culturally significant structures and sites, like architectural resources, are vital to the well-being and survival of Carmel's citizens. An understanding of its history helps define and preserve the unique qualities of Carmel. The knowledge of its cultural heritage can be fostered through awareness of its varied eras, eclectic architecture, parks, seashore and forest setting. Such knowledge will provide assurance that Carmel's sense of place will survive."

Moreover, there is only one organization with a mission and vision solely involving Flanders Mansion, namely the Flanders Foundation. The Flanders Foundation Mission: “To preserve, enhance, and maintain the Flanders mansion property as an historical, cultural, and educational resource for the benefit of residents and visitors to Carmel-by-the-Sea.” And its’ Mission is specifically designed to implement General Plan Policies, as follows:

1. To recognize the unique social, cultural and recreational aspirations and activities which contribute to the vitality of Carmel-by-the-Sea; to provide a range of public and semi-public facilities and programs responsive to those aspirations; to maintain both facilities and programs so as to exemplify the highest standards for the community.

2. Retain and enhance the buildings and open spaces on a voluntary basis that make especially significant contributions to the unique character and identity of the city.

3. Develop a comprehensive approach to the maintenance and preservation of the City's architectural/ cultural/ historic resources promoting voluntary efforts and, if necessary, funding sources from public and private sectors.

4. Promote property owner awareness of Carmel-by-the-Sea's significant buildings, historic traditions, and preservation policies, and foster a wider appreciation of the contributions these buildings make to the city's character.

5. Establish an archival depository for information on Carmel's history, cultural traditions and architectural contributions.

And the Vision Statement of Flanders Foundation:

Our village by the sea and amongst a forest has long been known not only as a cultural colony that promotes the arts ... be it painting, sculpture, crafts, photography, literature, music, dance, drama, or architecture ... but also as a community which respects and enhances the natural environment. This cultural and environmentally conscious colony has added to the inspiration and vitality of the creative spirits who watch over us in this sylvan setting.

Significant architecture is an important reminder of Carmel's developmental history and provides a visual image that identifies the uniqueness of Carmel for residents and visitors alike. The General Plan speaks to this: "Culturally significant structures and sites, like architectural resources, are vital to the well-being and survival of Carmel's citizens. An understanding of its history helps define and preserve the unique qualities of Carmel. The knowledge of its cultural heritage can be fostered through awareness of its varied eras, eclectic architecture, parks, seashore and forest setting. Such knowledge will provide assurance that Carmel's sense of place will survive."

Flanders mansion, a.k.a. Flanders Estate, and a.k.a. "Outlands", was designed by noted San Francisco architect, Henry H. Gutterson, graduate of U.C. Berkeley and L'Ecole des Beaux Arts in Paris. During his career, Gutterson was associated with architects such as Bernard Maybeck, Willis Polk, and Ernest Bourn. In 1924 Gutterson was hired by Paul and Grace Flanders to design their home and gardens as well as to lay out Hatton Fields for development. "Outlands", an English cottage design which is a substyle of the Tudor Revival, was one of the first structures in Carmel of this pictorial style of architecture and is listed on the National Register of historic structures.

Enhancing its uniqueness, Flanders is part of the Mission Trail Nature Preserve and is adjacent to the Lester Rowntree Native Plant Garden. Throughout the history of Carmel there has been, and continues to be, a strong tradition to preserve and enhance the natural environment and open space. The preservation of the Flanders property within the Mission Trail Nature Preserve is essential to the Park's integrity. The association of the Flanders property with the Park and the Arboretum offers a unique opportunity for the study of Carmel's natural history as well as the possibility for the reestablishment of a botanical center.

We must not lose this reminder of Carmel's past developmental and cultural history which speaks to the character of the community. It is this quality of character that prompted past Mayor Gunnar Norberg, at the time Vice Mayor, to launch a campaign and persuade the City to purchase the Flanders Estate in 1972 after Paul Flanders had died. The estate subsequently became the site of the Carmel Art Institute under the tutelage of the renowned artist John Cunningham.

Carmel-by-the-Sea's General Plan speaks to the need for fostering a wider appreciation of the contributions that structures, such as "Outlands" make to the City's character. Through private and public funding, the Flanders Foundation can further this policy by restoring and furnishing the house, by improving the landscape, and by establishing an endowment fund for its maintenance and operation.

In keeping with the scale of the house, its gardens and the neighborhood, the house will maintain the air of a private residence and could provide an ideal setting for such uses as small meetings, lectures, retreats, and musical events. These types of events could foster the promotion of Carmel's historic preservation as well as Carmel's cultural and environmental heritage. The garden will retain its rustic style and provide a charmed setting for small scale activities such as poetry readings or a watercolor class. As an alternative, we are also exploring an artist or naturalist in residence program.

Our Foundation seeks individuals, agencies and organizations willing to participate in the preservation of the historically designated Flanders property, not only for today, but for tomorrow. Future generations of Carmelites surely will appreciate our vision and efforts more than any of us can imagine.

The Flanders Foundation also has a Business Plan for the Flanders Mansion and surrounding Mission Trail Nature Preserve parkland. It is to create a Cultural and Natural History Museum in this Historic National Trust Property, to inform and educate visitors of Carmel's rich cultural heritage as a community and provide a venue for the public to enjoy Carmel's extensive art collection of paintings and the Weston Collection of Photographs.

The Natural History Museum would be an educational venue to provide a greater understanding and appreciation of Carmel's unique natural setting, flora, fauna and geological history.

The Flanders Foundation would like a long term lease on the property similar to what Carmel Heritage enjoys at the First Murphy House.

The Foundation would apply for grants and donations with the City's support, in order to do the rehabilitation necessary to open it for the public's use and enjoyment.

The Foundation has produced a professional Business Plan that demonstrates how a museum can be operated without cost to the City. This has been ignored by the City for 9 years. The City has chosen only to pursue a sale.

Ergo, since the Flanders Foundation is the only organization with a Mission, Vision and Business Plan for the Flanders Mansion and surrounding Mission Trail Nature Preserve parkland, it is the ideal entity to negotiate with the City of Carmel-by-the-Sea for a contract similar to the City’s contract with Sunset Cultural Center, Inc. (SCC). The contract between SCC, Inc. and the City of Carmel-by-the-Sea establishes that “Sunset Center be managed and operated as a place for public, cultural, entertainment and community events so that Sunset Center will serve as an economic and cultural stimulant for the community, the people of Carmel, and its environs.” Similarly, a contract between Flanders Foundation and the City of Carmel-by-the-Sea can establish that Flanders Mansion be managed and operated as a place for public, historic, cultural, educational and community events so that Flanders Mansion can serve as a historic and cultural asset for the community, the people of Carmel and its environs.

Finally, both the Flanders Mansion and the Sunset Center are National Register of Historic Places properties. Both are city-owned assets. The Flanders Foundation and Sunset Cultural Center, Inc. are both non-profit organizations. Both the Flanders Foundation and Sunset Cultural Center, Inc. are dedicated to their respective missions and the community. Therefore, the mayor and city council members would be wise to understand that the City needs to do more to take proper care of City assets it holds in trust for the people. Both the Flanders Mansion and Sunset Center comprise a substantial part of the City’s heritage. As such, the City can establish a standard of stewardship and leadership by making certain both assets receive support and their managing organizations receive financial subsidies necessary to accomplish their respective missions for our community and, most importantly, for present and future generations of residents and visitors to Carmel-by-the-Sea.

Published and Written by
L. A. Paterson

Carmel Public Library Foundation's Annual Art & Literary Series 2011-12 Presents Author Douglas Smith’s "The Pearl: A True Tale of Forbidden Love in Catherine the Great's Russia" Lecture, Q & A Session & Book Signing

2012-01-05T17:21:00.000-08:00

WHO: Carmel Public Library Foundation & Historian/Author Douglas Smith

WHAT: Author Douglas Smith’s "The Pearl: A True Tale of Forbidden Love in Catherine the Great's Russia,” (Yale University Press, 2008, 328 pages) Presentation, Q & A Session & Book Signing
“...The Pearl tells a true tale, reconstructed in part from archival documents that have lain untouched for centuries. Douglas Smith presents the most complete and accurate account ever written of the illicit love between Count Nicholas Sheremetev (1751-1809), Russia's richest aristocrat, and Praskovia Kovalyova (1768-1803), his serf and the greatest opera diva of her time.”

WHEN: Tuesday, January 10, 2012 @ 7:00 P.M.

WHERE: Sunset Center, Carpenter Hall
W/s Mission St. @ 9th Av.
Carmel-by-the-Sea, CA.

FOR MORE INFORMATION:
Phone (831) 624-2811

NOTES:
First-come, first-served seating. $10 suggested contribution. Proceeds from contributions & book sales benefit Carmel Public Library.

ADDENDUM:
Douglas Smith discussing The Pearl at the Seattle Public Library
(play time: 1 hour 3 minutes, 2008)

Contents

Excerpts

Resources

COURT OF APPEAL, H035818: DISPOSITION: ‘The trial court's judgment is hereby modified to delete the court's finding that the FEIR failed to adequately address the Surplus Land Act issue. As so modified, the judgment is affirmed.'

2012-01-04T15:19:00.000-08:00

ABSTRACT: IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, THE FLANDERS FOUNDATION, Plaintiff and Appellant, v. CITY OF CARMEL-BY-THE-SEA et al., Defendants and Appellants, (H035818), filed 4 January 2012, Acting P. J. Nathan D. Mihara’s Disposition, as follows: “The trial court’s judgment is hereby modified to delete the court’s finding that the FEIR failed to adequately address the Surplus Land Act issue. As so modified, the judgment is affirmed. The parties shall bear their own costs on appeal;” J. Wendy Clark Duffy and J. Brian Walsh concurred. The Court also wrote, as follows: “The City’s attack on the trial court’s finding ignores the obvious. The City provided no response whatsoever in the FEIR to the comment’s suggestion that the residence could be sold with a smaller parcel even though the comment raised a significant environmental issue. Since the proposed project would have an unmitigated significant environmental impact by eliminating parkland, the comment’s suggestion reasonably questioned whether that impact could be reduced by reducing the size of the parcel. The City’s obligation under CEQA was to explain in the FEIR “in detail giving reasons why” the City was not considering the sale of the residence with a reduced parcel. The City made no effort to satisfy its obligation. Its effort to conjure up reasons now is too late.10 The purpose of CEQA is to inform both the public and the decisionmakers, before the decision is made, of any reasonable means of mitigating the environmental impact of a proposed project. The City’s failure to respond to this significant comment violated its duty under CEQA, and the trial court correctly found that the City’s certification of the FEIR was therefore invalid.” Thus, the Court ruled that the Final Environmental Impact Report (FEIR) was inadequate and therefore the approval and certification are set aside; the public vote is therefore also set aside. The twenty-seven page opinion is embedded. Critical to the Justices’ analysis is the following: “Judicial review of an agency’s decision to certify an EIR and approve a project ‘shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence.’ [Citations.] Thus, we consider only whether the City failed to comply with CEQA or made determinations that were not supported by substantial evidence.” Thus, “We conclude that the trial court erred in concluding that the FEIR had failed to adequately address the Surplus Land Act issue. However, in all other respects, we reject the contentions of both the City and the Foundation. Accordingly, we modify and affirm the judgment.”

SIXTH APPELLATE DISTRICT H035818

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT, THE FLANDERS FOUNDATION,
Plaintiff and Appellant, v. CITY OF CARMEL-BY-THE-SEA et al., Defendants and Appellants. H035818 (Monterey County Super. Ct. No. M99437)

2012 COMMENT POLICY

2012-01-01T16:37:00.000-08:00

UPDATE: Members of the public will continue to be afforded the choice of submitting comments by “Google Account,” “OpenID,” “Name/URL” and “Anonymous.” In the context of a mayor and city council members who do not take responsibility for their actions, in the context of a city government with a record of promulgating misleading and inaccurate information to the courts, the media and the public, there is a need for a public space where members of the public can communicate the truth and their concerns without fear of retaliation from those individuals in positions of power.

Happy New Year!

ONLY SUBSTANTIVE COMMENTS AND OPINIONS BASED ON FACT AND SUPPORTED BY EVIDENCE WILL BE PUBLISHED.

NOTE: During the 2012 Municipal Election cycle, comments on issues, ideas and candidates’ visions for Carmel-by-the-Sea are encouraged.

VOTING RECORDS: Mayor Sue McCloud & City Council Member Jason Burnett

2011-12-26T17:24:00.000-08:00

UPDATE (through MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
December 6, 2011):

Of 93 total votes cast during regular city council meetings, excluding consent calendar and abstention votes, Mayor Sue McCloud and City Council Member Jason Burnett voted the same on 79 agenda items or 85% of the time. Or McCloud and Burnett differed on 14 agenda items or 15% of the time.

ABSTRACT: In response to recently expressed opinions about Mayor Sue McCloud and City Council Member Jason Burnett, their respective voting records on the City Council are analyzed from May 2010 to November 2011. Of 89 total votes cast during regular city council meetings, excluding consent calendar and abstention votes, Mayor Sue McCloud and City Council Member Jason Burnett voted the same on 75 agenda items or 84% of the time. Or McCloud and Burnett differed on 14 agenda items or 16% of the time. For aarguably the most important agenda items, namely Ratify Settlement Agreement between the City of Carmel-by-the-Sea and Richard Guillen, City Administrator on April 5, 2011, Receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions and adopt a Resolution approving a contract with the City of Monterey for fire services on November 1, 2011, McCloud and Burnett voted “AYE.” Agenda Items for each agenda item which McCloud and Burnett voted differently are reproduced (listed most recent to earliest); source, “MINUTES,” Carmel-by-the-Sea website.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
October 4, 2011

X. RESOLUTIONS

B. Consideration of a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year.

Interim City Administrator John Goss presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:00 p.m.

Kathryn Harrison addressed Council.

Mayor McCloud closed the meeting to public comment at 6:02 p.m.

Council Member BURNETT moved to extend the Forest Theater Guild’s lease of the Forest Theater for three years, seconded by Council Member HAZDOVAC, and passed by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 13, 2011

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Review and Use Permit applications for a new restaurant located on the northeast corner of Mission Street and Seventh Avenue in the Carmel Plaza. The project applicant is David Fink.

Sean Conroy, Planning Services Manager, presented the staff report.

David Fink, the project applicant, addressed Council.

Mayor McCloud opened the meeting to public comment at 6:21 p.m.

Addressing Council on this issue were: Jean Hubert, owner of St. Tropez; Charles Chrietzberg, President of Monterey County Bank; Preston Kincaid; Barry Swift of the Carmel Residents Association Board; Don Benz, Sr. Property Manager of the Carmel Plaza; Michael Adamson read a letter from Denny Levett; Kent Torrey, owner of the Cheese Shop; Adam Moniz; Barbara Livingston; Kathy Fredrickson; Monte Miller; Gerard Rose; Carolyn Hardy; Peter Baird; Rich Pepe; Roberta Miller; and Lisa Dias.

Mayor McCloud closed the meeting to public comment at 6:52 p.m.

Mayor McCLOUD moved to accept the Planning Commission’s Findings for Decision, as amended, on September 13, 2011, seconded by Council Member HAZDOVAC.

Council Member BURNETT made a substitute motion to remand the proposal to the Planning Commission for a variance to recognize the interpretation of I-3e in Municipal Code Section 17.14.040 (“Restaurants, Full Line”) to allow ordering at the counter under certain conditions that the Planning Commission may have.

Council Member TALMAGE then moved to accept the Planning Commission’s Findings as amended, and to reword the second sentence of Special Condition #5 to read, “Customers shall order from a menu while seated or order from the counter,” seconded by Mayor McCLOUD, and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 2, 2011

X. RESOLUTIONS

A. Consideration of a Resolution amending the employment contract with the City Attorney related to future and past compensation owed by the City.

City Attorney Don Freeman addressed Council and announced he would leave during Council discussion and deliberations.

Council Member BURNETT moved to deny approval of the amended contract for the City Attorney, to deny authorization of an $87,057.78 transfer from the Legal-Retirement Account for payment owed to the City Attorney for service from April 20, 2007 to July 31, 2011; and to deny authorization of monthly compensation to the City Attorney for services beginning August 1, 2011 to include a monthly cash equivalent of the City’s retirement contribution, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 7, 2011

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Study, Demolition Permit and Coastal Development Permit applications for the construction of a new residence located at the SE Corner of Casanova Street and Avenue. The property owners are Kendon and Jullian Dressel and the appellant is Judy O’Day.

Council Members Sharp and Hazdovac recused themselves, as both live in proximity to the subject of the appeal.

Associate Planner Marc Wiener presented the staff report.

Steve Wilson, Monterey Bay Engineers, spoke on behalf of the appellant.

Judy O’Day, the appellant, spoke to the issue.

Mayor McCloud opened the meeting to public comment at 5:43 p.m.

Rob Nicely, speaking for the property owners, the Dressels, addressed Council.

Kendon Dressel, property owner, spoke to the issue.

Steve Wilson, Monterey Bay Engineers, spoke again.

Mayor McCloud closed the meeting to public comment at 5:54 p.m.

Council Member BURNETT moved to deny the appeal, seconded by Council Member TALMAGE, and carried by the following roll call vote:

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

XI. ORDERS OF COUNCIL

This item was taken out of order to accommodate the presenters’ schedules.

A. Receive updated report from CRFA and provide policy direction on CRFA employees becoming City employees.

Gerard Rose, President of the CRFA Board, Monterey Assistant Fire Chief Stuart Roth, and Dave Jedinak, Carmel Regional Fire Ambulance, presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:25 p.m.

Carolyn Hardy and Monte Miller spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:29 p.m.

Council Member TALMAGE moved to approve the plan--in concept--and to have John Goss, Gerard Rose and Dave Jedinak work together to develop an action plan addressing the specific issues involved in having CRFA employees become City employees, seconded by Council Member HAZDOVAC, and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 3, 2011

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of Avenue. The appellant is Old Mill Properties LLC.

B. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on Mission Street 3 SW of Avenue. The appellant is Old Mill Properties, LLC.

Council Member Talmage recused himself, as he lives in close proximity to the projects being considered. City Attorney, Don Freeman, also recused himself as he owns property and maintains an office across the street from the proposed project. He introduced attorney Brian Finegan, who will be serving as counsel for the City on the two appeals.

Associate Planner Marc Wiener presented the staff report.

Eric Miller, architect for the proposed project, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:40 p.m.

Barbara Livingston, Niels Reimers, Roberta Miller, Dan Silvierie, Don Mackey, appellant and Jim Bell addressed Council.

Mayor McCloud closed the meeting to public comment at 5:56 p.m.

Brian Finegan, Counsel for the City, Associate Planner Marc Wiener, Appellant Don Mackey, Project architect Eric Miller, Interim Chief Mike Calhoun and Planning Services Manager Sean Conroy answered questions from the public and Council.

Council Member BURNETT moved to deny the project, seconded by Council Member McCLOUD, and failed by the following roll call vote:

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

Associate Planner Marc Wiener presented the staff report for the Mission Street project.

Eric Miller, architect for the project, addressed Council.

Mayor McCloud opened the meeting to public comment at 6:50 p.m.

Barbara Livingston and Jim Bell addressed Council.

Mayor McCloud closed the meeting to public comment at 6:57 p.m.

Associate Planner Marc Wiener answered questions from the public.

Council Member McCloud moved to approve the project, seconded by Council Member SHARP and passed by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 5, 2011

IX. ORDINANCES

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second reading)

Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:35 p.m.

Anna Yeatman expressed concern about restrictions on the size of cages and asked that this be considered on a case-by-case basis.

Carla Ramsay discussed poultry diseases and other problems related to keeping chickens.

Mayor McCloud closed the meeting to public comment at 6:38 p.m.

Council Member BURNETT moved to approve, upon second reading, the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea, seconded by Council Member SHARP and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 1, 2011

IX. ORDINANCES

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (First reading)

Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:49 p.m.

Anna Yeatman, Barbara Livingston and Carla Ramsay spoke to the issue.

Mayor McCloud closed the meeting to public comment at 6:56 p.m.

Council Member SHARP moved to approve the first reading of the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea, with the following three amendments: cages will not be visible from public streets; slaughtering of chickens will not be permitted within City limits; and the keeping of chickens shall not create a public nuisance, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

*Mayor McCloud requested it to be reflected in the record that her “No” vote was based on permitting chickens in front yards.

X. RESOLUTIONS

B. Receive Subcommittee report on time and resources required for grant submission and then consideration of a Resolution approving the submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program. Planning Services Manager Sean Conroy presented the staff report.

Council Member Burnett continued the presentation.

Mayor McCloud opened the meeting to public comment at 7:14 p.m.

Jay Marden, Principal of River School, Alexandra Fallon, Stacey Maheen, Alan Lehman, Nicole Stevens, Greg D’Ambrosio, Paul Hart, Monta Potter, Chief Executive Officer of the Carmel Chamber of Commerce, and an unidentified parent spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:30 p.m.

Council Member TALMAGE moved to approve a Resolution approving the submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program, with understanding that if the staff work load gets too high, Council will re-examine its work plan priorities, seconded by Council Member BURNETT and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
February 1, 2011

VI. PUBLIC APPEARANCES

Mayor McCloud opened the meeting to public comment at 6:42 p.m.

Barbara Livingston, president of the Carmel Residents Association, said the CRA is seeking nominations for its annual Citizen of the Year award.

Barbara Brooks spoke about the successful tree giveaway program sponsored by the Friends of Carmel Forest.

Adam Moniz addressed sexual harassment and the Brown Act.

Mike Brown spoke about sexual harassment.

Paul Hart and Stacy Maheen, owner of Bay Bikes, spoke about traffic safety on Rio Road.

Carolyn Hardy spoke about reporting from Council closed sessions, fire services, the Forest Theater, and pay differential paid to employees deployed by the military.

Mayor McCloud closed the meeting to public comment at 7:00 p.m.

City Attorney Don Freeman addressed comments from the speakers.

Council Member BURNETT moved to schedule a Closed Session this week and direct staff to find a time that works for the Council members’ schedules, seconded by Council Member TALMAGE. The motion failed 2-3 by voice vote:

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

XI. ORDERS OF COUNCIL

F. Provide policy direction on submission of an application for grant funds in an amount not to exceed $150,000 from the California Department of Transportation’s (CalTrans) Community-Based Transportation Planning grant program to support a project tentatively called Connect Carmel: Linking Trails to Transit and People to Places.

Council Member Burnett said this grant opportunity had recently come to his attention.

Mayor McCloud opened the meeting to public comment at 8:49 p.m.

Speakers: Monta Potter, chief executive officer of the Carmel Chamber of Commerce; Paul Hart; Stacy Maheen, Chris Lehman and Victoria Beach.

Mayor McCloud closed the meeting to public comment at 9:01 p.m.

Council Member TALMAGE moved to approve moving ahead with the grant application -- in concept—and have staff report back at the March meeting to determine whether or not it will be possible to complete the application by the March 30 deadline, seconded by Council Member BURNETT and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 2, 2010

VIII. PUBLIC HEARINGS

A. Consideration of an appeal of the Planning Commission’s decision to deny a request for aluminum clad wood windows for a building located on the east side of Lincoln between Fifth and Sixth Avenues. The appellant is Nancy Moresco.

Council Members Talmage and Hazdovac recused themselves due to their proximity to the proposed project.

Sean Conroy, Planning and Building Services Manager presented the staff report.

Mike McLean, representing appellant Nancy Moresco, addressed Council.

Mayor McCloud opened the meeting to public comment at 5:41 p.m.

Monte Miller and Kathy Miller from Marvin Windows & Doors, addressed Council.

Mayor McCloud closed the meeting to public comment at 5:45 p.m.

Council Member SHARP moved to uphold the appeal, seconded by Mayor McCLOUD and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 3, 2010

VIII. PUBLIC HEARINGS

B. Consideration of an encroachment permit application for the construction of a driveway at the end of Lopez Avenue and review of a geotechnical report for Second Avenue.

Associate Planner Marc Wiener presented the staff report.

Engineer John Kasunich, whose firm was hired by the City to perform a geotechnical survey for this site, discussed road stability issues on Second Avenue.

City Engineer Sherman Low addressed other stability issues.

Appellants Greg Schulz and Zane Blackmer spoke to the issue.

Mayor McCloud opened the meeting to public comment at 6:17 p.m.

Ron Wormser, a neighbor of the proposed project, spoke to the issue.

Marian Wormser read letters from two neighbors (Hibbards and Harpers).

Barbara Gabrielson spoke about fire safety issues in the area.

Mayor McCloud closed the meeting to public comment at 6:26 p.m.

Council Member BURNETT moved to uphold the decision of the Planning Commission and to grant the City Administrator the right to approve the encroachment permit based upon the special conditions outlined in the staff report, plus any additional requirements that are warranted, seconded by Council Member SHARP and carried by the following roll call vote:

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

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 8, 2010

XI. ORDERS OF COUNCIL

D. Receive report and provide policy direction on proposed placement of a resin mold of “The Art of the US Open” by Richard MacDonald in Devendorf Park, June 11-21, 2010.

CarrieAnn, Assistant Director of Richard MacDonald-Dawson Cole Fine Art, gave a presentation and answered questions.

Council Member HAZDOVAC moved to allow the placement of the resin mold statue in Devendorf Park from June 11-21, 2010, on the condition that the MacDonald Gallery: provide 24-hour security around the statue for the full 10-day period; complete a special event permit; and have proof of full liability insurance coverage, seconded by Council Member SHARP, and carried by the following roll call vote:

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

Merry Christmas 2011

2011-12-24T16:28:00.000-08:00

CAFÉ CARMEL COFFEE HOUSE
N/s Ocean Av. between Mission St. & San Carlos St.

OAK HILL HAVEN
E/s Junipero Av. between 11 Av. & Ridgewood Rd.

Canine Christmas Tree 2011

2011-12-24T16:24:00.000-08:00

To celebrate the Christmas season, canine lovers have again decorated Aaron’s tree in Mission Trail Nature Preserve with ornaments.

Canine Christmas Tree (“Aaron’s Tree”)
Mission Trail Nature Preserve
Location: Mission Trail Nature Preserve, Serra Trail, wapproximately 1/4 mile from Rio Road Entrance

Canine Christmas Tree 2011 (close-up)

Canine Christmas Tree History

MUNICIPAL ELECTION 2012: News Articles

2011-12-17T16:34:00.000-08:00

ABSTRACT: Regarding the upcoming Carmel-by-the-Sea Municipal Election on April 10, 2012 for mayor and two city council member positions, links to news articles are presented from the most recent news articles to the earliest news articles.

April ballot set with six candidates, MARY SCHLEY, The Carmel Pine Cone, January 20, 2012

Moniz bows out, Beach announces council run, MARY SCHLEY, January 13, 2012

Burnett, Pepè to start mayoral campaigns; Moniz delays his
Still just two candidates for council seats, MARY SCHLEY, The Carmel Pine Cone, December 23, 2011, pages 1A & 14A

News Blog
Carmel Mayoral Race Heats Up, And Levels Out
By Sara.Rubin, MONTEREY COUNTY WEEKLY, December 13, 2011

April 2012 election already drawing plenty of candidates, MARY SCHLEY, The Carmel Pine Cone, November 4, 2011

News Blog
Hats in the Ring for Carmel Mayoral Race
By Sara.Rubin, MONTEREY COUNTY WEEKLY, October 28, 2011

Burnett says he will run for mayor
- McCloud not seeking re-election
By PAUL MILLER, The Carmel Pine Cone, October 28, 2011

Pèpe will run for mayor -- if he can find a home in town, MARY BROWNFIELD, The Carmel Pine Cone, September 9, 2011

MUNICIPAL ELECTION 2012: Letters to the Editor

2011-12-17T16:31:00.000-08:00

ABSTRACT: Regarding the upcoming Carmel-by-the-Sea Municipal Election on April 10, 2012 for mayor and two city council member positions, links to letters to the editor are presented from the most recent letters to the editor to the earliest letters to the editor. Selected excerpts of letters to the editor as highlights are also presented.

LETTERS TO THE EDITOR

ON MAYORAL CANDIDATES:
ON JASON BURNETT, Burnett EcoEnergy LLC owner, City Council Member:

“So the Sam Farr machine has anointed Councilman Jason Burnett to be Carmel's next mayor in the April 10 election. With Sam's support, one would conclude it would be an easy win for Burnett, but not necessarily a fait accompli because his rival is a successful businessman with positive ideas for Carmel to thrive in a difficult economy.”
Poster figure for term limits, Burt Bailey, Carmel, Letters to the Editor, The Monterey County Herald, 01/25/2012

"I submit that we should be thankful that a public servant has higher public service aspirations — and, in this case, an excellent record of effectively serving the Carmel community in an open and process-driven manner."
Aspirations should be praised, Jerry J. Gleason, Carmel, Letters to the Editor, The Monterey County Herald, 11/16/2011

"If Jason Burnett promises Carmel in the 2012 election that he will serve out a full two-year term as mayor, history has taught us that he will actually only serve half that time before seeking a more prestigious office."
Won't get fooled again, Donna Newburgh, Carmel, Letters to the Editor, The Monterey County Herald, 11/07/2011

ON RICH PEPE, Restaurateur and Business Owner (Carmel Bakery, Little Napoli, Vesuvio):

ON CITY COUNCIL CANDIDATES:
ON KEN TALMAGE, Founder and Chairman, Monterey Water Company (water purification company), City Council Member:

ON VICTORIA BEACH, Architect, Planning Commissioner:
“...I am very disappointed in your editorial of Jan. 13 criticizing Victoria Beach; in the same issue as her announcement to run for the city council. You might as well have entitled the editorial, “Don’t Vote for This Blowhard.””
Mean-spirited’ editorial on Beach, Lindsay Hanna, Carmel, Letters to the Editor, The Carmel Pine Cone, January 20, 2012, 25A

“The same editorial acknowledges Victoria’s extraordinary credentials in the fields of architecture, design and municipal planning...In more agenda items than not, the applicant has acknowledged that her views have improved their project.”
‘Extraordinary credentials,’ Steve Hillyard, Carmel, Letters to the Editor, The Carmel Pine Cone, January 20, 2012, 25A

“I am writing in praise of Victoria Beach’s contributions to the planning commission. As a licensed architect, her insights and expertise have improved numerous projects.”
In praise of Beach, Janet Reimers, Carmel, Letters to the Editor, The Carmel Pine Cone, January 20, 2012, 25A

ON TOM LEVERONE, Physician, Forest & Beach Commission Chairman:

ON BOB PROFETA, Alain Pinel Realtors Co-Owner:

RICHARD PÈPE: Candidate for Mayor 2012

2011-12-14T16:16:00.000-08:00

ANNOUNCING: Richard Pepe For Carmel Mayor 2012

ABSTRACT: "Since 1974, Rich Pépe has lived and worked in Carmel. In that time he raised a family, established businesses and developed a life-long commitment to Carmel and its residents. Now, Pepe wants to give back to the community that has given him so much." Pepe's campaign for Mayor 2012 website features the theme "Committed to Community," including HOME (facebook), ABOUT, CONTRIBUTE, CONTACT, GET INVOLVED, MEDIA and ISSUES sections. Quotes from Pèpe and ABOUT and ISSUES highlights and CONTACT information are presented.

"Carmel deserves a full-time mayor who is here for the long haul, a mayor who can bring the financial and managerial experience of running successful businesses to City Hall."

"As mayor, I will bring my background of over 30 years in the Carmel business scene as well as my deep understanding of the Carmel community to our local government."

"I will work hard to preserve Carmel’s village charm and help foster the harmony between our resident families and our business community. I will strive to stimulate an economic and cultural revitalization and usher in a new era of prosperity."
Rich Pèpe, 2012

ABOUT Highllights:
“I’m not a career politician. I haven’t spent years in government service and I’m not looking to use this position as a stepping stone to higher office. I’m here, walking the streets of downtown, talking with the residents and business owners every day, and I have the understanding and experience to be an effective leader. I’m here for the long haul. I care about Carmel, its people, its families, and its future...It’s that simple."

• Lived and worked in Carmel since 1974.
• Carmel business owner since 1985. (Wishart’s Bakery)
• Prominent local businessman. (Little Napoli, Vesuvio, Carmel Bakery, Vino Napoli)
• Created close to 2,000 jobs in his 27 years in business in the village.
• Member, Carmel Chamber of Commerce Economic Advisory Committee.
• Married to Sandra Tosh Pèpe for 25 years. (Carmel High graduate, Chamber of Commerce Board Member) Two sons, Christian and Gian Antonio.

ISSUES
VILLAGE CHARM
Carmel’s natural beauty and village charm need to be protected. As mayor, I think it’s important to be eco-friendly, be design sensitive, and preserve our resident’s way of life.

COMMUNITY SPIRIT
We must encourage the development of new community-minded recreational and cultural activities here in the village.

PUBLIC SAFETY
We must ensure that our police and fire agencies remain fully-funded and are able to respond quickly to the needs of residents. A safe community is one of Carmel’s greatest qualities. We simply cannot afford to play politics with our public safety.

BUDGET
We must do a better job of stimulating the business community to generate new revenue sources while controlling costs at city hall. Using a businessman’s approach, a balanced budget can be achieved.

WATER
Water is crucial to the future of Carmel and the entire Central Coast. We must work closely with our neighboring cities to ensure a safe and sustainable water supply.

TRAFFIC & PARKING
We must create better ways of routing traffic though our streets and resolve our long-standing traffic and parking problems. Parking meters should never be considered as the a practical solution.

CalPERS
The California Public Employees’ Retirement System is not mathematically sustainable. Solutions have been proposed and tough decisions must be made.

SUSTAINABLE CARMEL
Promote environmentally sustainable guidelines for residents and businesses and promote eco-tourism to our village.

FLANDERS MANSION
This historic property has been passed down to us by a previous generation and is one of our city’s “family heirlooms” and a direct link to our cultural past. A final decision to keep it, lease it or sell it must be made. We must end the long legal battle, stop the legal expenses and develop a creative solution that is long lasting.

CONTACT
Campaign Headquarters:
Located upstairs above Little Napoli Bistro, in the historic El Paseo Building
Corner of Dolores Ave. & 7th in Carmel-by-the-Sea, CA.

“I’m with Pépe” movement.
To make a contribution to help get Pépe in Carmel contact:
Melissa Eason (831) 214-3873

ADDENDUM:
Richard Pepe @pepetalk

Chef PÈPE

UPDATED: January 2012

‘MINUTES’ for Four Noteworthy 6 December 2011 City Council Agenda Items

2011-12-07T16:12:00.000-08:00

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, December 6, 2011

Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud
ABSENT: None
STAFF PRESENT (partial list): Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Don Freeman, City Attorney

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

A. Announcements from Closed Session.

1. Labor Negotiations - Gov't Code Section 54957.6(a) Conference with Labor Negotiator, City Administrator Stilwell, regarding terms and conditions of employment for unrepresented employees (ambulance employees).

2. Public Employee Performance Evaluation – Government Code Section 54957. Title: City Administrator.

3. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

Mayor McCloud announced there were no announcements from Closed Session.

VII. Consent Calendar

D. Consideration of a Resolution authorizing the City Administrator to execute a contract with WWD Corporation to prepare concept plans and construction documents for a pedestrian walkway on San Antonio Avenue from Fourth Avenue to Ocean Avenue and a small boardwalk and viewing platform west of the Del Mar Parking area in an amount not to exceed $43,000.

Council Member Talmage pulled agenda item D for a comment. He asked the city administrator to comment on the “good news” of the $240,000 grant. City Administrator Jason Stilwell stated that the City received a grant from the Coastal Conservancy for $240,000 which will enable the City move forward with the “high profile” project; and WWD was selected based on their past competent consulting experience with Pebble Beach on walkway and boardwalk. Mayor McCloud commented on the “nonissue” involving the location of the viewing platform.

Council Member BURNETT moved to approve Consent Agenda Items A-E, seconded by Council Member TALMAGE and carried unanimously.

ADDENDUM:
Coastal Conservency CARMEL BEACH COASTAL ACCESS IMPROVEMENTS

COASTAL CONSERVANCY
Staff Recommendation
November 10, 2011
CARMEL BEACH COASTAL ACCESS IMPROVEMENTS
Project No. 11-055-01
Project Manager: Timothy Duff

COASTAL CONSERVANCY Exhibit 1

Exhibit 1: Project Location and Site Map

COASTAL CONSERVANCY Exhibit 2

Exhibit 2: Del Mar Master Plan and Restoration Plan, Initial Study /
Mitigated Negative Declaration, and Mitigation Monitoring
Program

COASTAL CONSERVANCY Exhibit 3

Exhibit 3: Existing Parking Area Congestion

COASTAL CONSERVANCY Exhibit 4

Exhibit 4: Conceptual Reconfigured Parking Area

COASTAL CONSERVANCY Exhibit 5

Exhibit 5: Carmel Beach Boardwalk and View Platform

COASTAL CONSERVANCY Exhibit 6

Exhibit 6: Coastal Trail along San Antonio Avenue

COASTAL CONSERVANCY Exhibit 7

Exhibit 7: Project Letters

Four Noteworthy 6 December 2011 City Council Agenda Items

2011-12-03T16:21:00.000-08:00

ABSTRACT: Four Noteworthy 6 December 2011 City Council Agenda Items, namely Announcements from Closed Session regarding Labor Negotiations - Gov't Code Section 54957.6(a) Conference with Labor Negotiator, City Administrator Stilwell, regarding terms and conditions of employment for unrepresented employees (ambulance employees), Public Employee Performance Evaluation – Government Code Section 54957. Title: City Administrator and Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818 and a Resolution authorizing the City Administrator to execute a contract with WWD Corporation to prepare concept plans and construction documents for a pedestrian walkway on San Antonio Avenue from Fourth Avenue to Ocean Avenue and a small boardwalk and viewing platform west of the Del Mar Parking area in an amount not to exceed $43,000, are presented. Excerpts from the Agenda Item Summary is provided; the CONSULTANT SERVICES AGREEMENT and Attachment "A" WWD Corporation Jeff Lorentz’s letter to Sean Conroy, Planning and Building Service Manger, dated November 11, 2011, for the agenda item regarding Resolution authorizing the City Administrator to execute a contract with WWD Corporation, are embedded.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
Regular Meeting
Tuesday, December 6, 2011
4:30 p.m., Open Session

Live & Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

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

A. Announcements from Closed Session

1. Labor Negotiations - Gov't Code Section 54957.6(a) Conference with Labor Negotiator, City Administrator Stilwell, regarding terms and conditions of employment for unrepresented employees (ambulance employees).

2. Public Employee Performance Evaluation – Government Code Section 54957. Title: City Administrator.

3. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual it.ems may be removed from Consent by a member of the Council or the public for discussion and action.

D. Consideration of a Resolution authorizing the City Administrator to execute a contract with WWD Corporation to prepare concept plans and construction documents for a pedestrian walkway on San Antonio Avenue from Fourth Avenue to Ocean Avenue and a small boardwalk and viewing platform west of the Del Mar Parking area in an amount not to exceed $43,000.

Description: As part of the Del Mar Master Plan implementation, a pedestrian path is proposed from Ocean Avenue to Fourth Avenue that will link with the recently completed path that runs to the Pebble Beach Gate on San Antonio Avenue. A small ADA-compliant boardwalk and viewing platform is proposed at the west end of the Del Mar parking area that will allow individuals with disabilities the opportunity of an improved beach experience.

WWD Corporation will first prepare concept plans for the pathway, boardwalk and viewing platform for review and approval by the appropriate decision-making bodies. Once the concept plans have been approved, WWD will prepare construction drawings for the project. The contract will be paid by a grant from the Coastal Conservancy.

Overall Cost: $43,000
City Fonds: N/A
Grant Funds: $43,000

Staff Recommendation: Adopt the Resolution.

Important Considerations: On January 14, 2010, the California Coastal Commission certified the Del Mar Master Plan (DMMP) that had been prepared by the City. The Master Plan addresses issues related to parking, circulation, aesthetics, environmental resources and pedestrian access for the Del Mar parking area and adjacent dunes.

A portion of the DMMP has been implemented through a joint effort between the City and the Pebble Beach Company that included the installation of a pedestrian path from the Pebble Beach Gate to Fourth Avenue, a beach access staircase at the north end of the beach, and a boardwalk connecting Fourth Avenue with the beach staircase. WWD prepared the plans for this project.

On November 10, 2011, the State Coastal Conservancy approved a $240,000 grant application for the City of Carmel. The grant is intended to fund the remaining elements of the Master Plan with no expenditures by the City.

CONSULTANT SERVICES AGREEMENT

CONSULTANT SERVICES AGREEMENT and Attachment "A" WWD Corporation’s Jeff Lorentz’s letter to Sean Conroy, Planning and Building Service Manger, dated November 11, 2011.

Carmel Art Association Presents ANNUAL MINIATURE & SMALL PICTURE SHOW

2011-11-29T22:24:00.000-08:00

Carmel Art Association
“Celebrating 82 years of local art”
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays.
Open to the Public at No Charge

“Founded in 1927, Carmel's oldest gallery features the work of more than 120 professional local artists, and is dedicated to presenting only the finest work for sale by artists living on the Monterey Peninsula.”

For more information, Online or (831) 624-6176.

Carmel Art Association Presents ANNUAL MINIATURE & SMALL PICTURE SHOW

Thursday, December 1, 2011 – Tuesday, January 3, 2012

ANNUAL MINIATURE & SMALL PICTURE SHOW (Segal Room)
A long-standing tradition for over seven decades, Carmel Art Association (CAA) artists offer hundreds of paintings in a myriad of styles & subject matter. Perfect for gift-giving or collecting a piece by a favorite artist.

Please join the CAA for the gala Holiday Open House and bring a new unwrapped toy for the Salvation Army's Toy Drive and/or donations of brand new sweaters or jackets for boys & girls. Non-perishable food items are also welcome for their Food Barrels. Donations accepted from December 3 through December 15, 2011.

CARMEL ART ASSOCIATION ARTISTS (listed alphabetically by surname)
Apodaca, Johnny (Painter)

Johnny Apodaca Painting Big Sur Coast

Auvil, Eleen (Sculptor, Painter)
Website

Beach, Mary FitzGerald (Painter)

Bellmer, Jeanne (Painter)

Bibler, Richard (Artist)

Biederman, Patty (Painter)

Bhaskar, Norma Zeigle (Painter)

Black, Blaine (Sculptor)

Bradford, Cyndra (Painter)

Life in the Art - Plein Air Horses

Burr, Mary (Painter)

Carroll, Pamela(Realist Painter)

Carvell, Fred (Painter)
Gallery Showcase: Fred Carvell July 8 - August 3, 2010
Website

Catbagan, Eileen (Artist)

Coleman, Constance (Portrait Artist)
"Dogs & Animals of Tibet" July 7 - August 2, 2011
Website

Crispo, Dick (Painter)
Website

Dick Crispo Coastal Painting Gallery

Crocetti, Kathleen (Artist)
Website

Crozier, Christine (Artist)
GALLERY SHOWCASE: Christine Crozier November 3 - 30, 2011
Website

Curtis, Micah (Artist)

Dahlstrand, Olof (Painter)
"Landscapes of the Mind" March 3 - April 5, 2011
Website

Davidson, Laurent (Artist)

Dominguez, Miguel (Painter)
GALLERY SHOWCASE - Miguel Dominguez July 7 - August 2, 2011
Website

Dominguez, Miguel A. (Artist)

Donovan, Gael (Painter)
"Family Album" Exhibit Dates: April 3 - May 6, 2008

Downs, Douglas (Sculptor)

Elmore, Gene (Painter)
Website

Emery, Cornelia (Painter)
Website

Farina, Mark (Painter)
GALLERY SHOWCASE: Mark Farina Sept. 8 - Oct. 4, 2011
Website

Farmer, Beva (Artist)

Farrington, Reed (Painter)

Fry, Virginia
(Painter)

Geller-Robertson, Alice (Artist)

Giacometti, Susan (Painter/Printmaker)
Website

Golding, Frieda (Painter)

Goldstein, Helene (Painter)

Gonzales, Alex (Artist)

Grauer, Ron (Painter)
Website

Goyatton, Yves (Sculptor)
Website

Handy, Dennis (Artist)

In Studio With Dennis Handy

Harris, Sam (Painter)

Hart, Roianne (Painter)

Healey, Sarah (Artist)

Hewitt, Robert Reynolds (Painter)

Hiers, Peter (Sculptor)
Website

Hitchcock, Eric (Artist)

Holt, Shirley (Painter/Illustrator)

Hybl, Heidi
(Painter)
Website

Jelmini, Peggy (Painter)
Gallery Showcase: Peggy Jelmini November 4 - 30, 2010
"Wildflowers & Wild Flowers" - Peggy Jelmini July 8 - August 3, 2010
Website

Johnson, Andrea (Artist)

Johnson, Barbara (Painter and Printmaker)

Jordan, Susan (Artist)

Laney, Francyne (Painter)
GALLERY SHOWCASE: Francyne Laney Exhibit Dates: April 2 - May 5, 2009

Lestrade, Jack (Painter)

Lim, Y. S. (Artist)

Lindberg, Keith (Painter)

Lofton, Melissa (Painter)
Melissa Lofton - I N B R E A T H Exhibit Dates: October 8 - November 3, 2009
Website

Big Sur Artist Melissa Lofton

Long, Michie (Painter)

Marsh, John Francis (Painter)

Martin, Gerard (Painter)
Gallery Showcase: Gerard Martin Exhibit Dates: June 4 - 30, 2009
GERARD MARTIN - "Agriculture: Revisited" September 4 - 30, 2008

Matteson, Rip (Figurative Painter)
Website

McWilliams, John (Painter)
GALLERY SHOWCASE: John McWilliams Exhibit Dates: March 6 - April 1, 2008
Website

Meheen, Alicia (Painter)
"Roaming the West" May 5 - 31, 2011
Website

Alicia Meheen Plein Air

Minou, Carole (Artist)

Morrison, Brenda (Painter)
Website

Nordmann, Joseph (Painter)
"Joe Nordmann and Friends" May 6 - June 1, 2010
Website

Northrop, Wilda (Painter)
GALLERY SHOWCASE: Wilda Northrop April 7 - May 3, 2011

Olsen, Peggy (Painter)
Gallery Showcase: Peggy Olsen May 6 - June 1, 2010

Parker, Carol (Painter)
"Joe Nordmann and Friends" May 6 - June 1, 2010
"In the Fields" Exhibit Dates: August 6 - Sept. 1, 2009

Pickford, Rollin (Painter)
"Remembering Rollin Pickford" June 2 - July 5, 2011

Plamondon, Peter (Painter)
New Still Lifes April 8 - May 4, 2010

Rappa, Anthony (Painter)

Reeves, Gail (Painter)
Website

Reith, Susan (Artist)

Robbins, Stan (Painter)

Robinson, Irene (Artist)

Sawicki, Ryszard (Richard) (Painter)

Schnute, William (Artist)

Schwien, Guenevere (Painter)

Shachmut, Daria (Painter)

Sloan, Timothy (Painter)
"Art of Drawing" Sept. 8 - Oct. 4, 2011
Website

Smith, Jeff Daniel (Painter)
"Majestic Views" October 7 - November 2, 2010
Website

Smith, Julie Brown (Artist)
"Contemporary Synchronicity" Exhibit Dates: June 4 - 30, 2009
Website

St. Mary, Michael (Sculptor)
"OBSERVATIONS" Exhibit Dates: April 5 - May 1, 2007

Takigawa, Pamela (Painter, Printmaker)

Tanous, Joe (Artist)

Tette, Richard (Painter)
"Recent Paintings" Sept. 8 - Oct. 4, 2011
Website

Torres, Gustavo (Sculptor)
Website

Tsouris, Michel (Painter)

Vidor, Belinda (Painter)

Wagstaff, Jan (Painter)
"Listen" April 7 - May 3, 2011
Website

Ward, Edward Norton (Painter)
Website

Ward, Justin (Printmaker)
Website

Wasserman, Gerald (Painter, Sculptor)
New Work: 90th Birthday Exhibition November 4 - 30, 2010

"Viva Mexico" July 3 - August 5, 2008
Website

Whitlock, David (Painter)

Williams, Andy (Painter)

Winfield, Rodney (Artist)

Wolcott, Diane (Painter)
"Just the Two of Us" April 7 - May 3, 2011

Woodruff, Jean (Painter)

Woodson, Richmond (Painter)

Yadon, Vern (Painter)
Website

Holiday Open House: Saturday, December 3, 2011, 6:00 P.M. – 8:00 P.M.

ADDENDUM:
Carmel Art Association on facebook

Carmel Music Society Presents GRYPHON PIANO TRIO

2011-11-21T15:39:00.000-08:00

Carmel Music Society
“Since 1927 the Carmel Music Society has presented concerts by renowned classical artists from around the world.”

“The Carmel Music Society, now incorporating the Mozart Society of California, presents an eight-month season of world-class performances, and for 35 years we also have sponsored a competition for aspiring young musicians.”

Carmel Music Society Presents GRYPHON PIANO TRIO
“...the Gryphon Trio has firmly established itself as one of the world’s preeminent piano trios. With a repertoire that ranges from the traditional to the contemporary and from European classicism to modern-¬day multimedia, the Gryphons are committed to redefining chamber music for the 21st century.”

“The Gryphon Trio was formed in Toronto in 1993. The name Gryphon is derived from a mythical beast – half-eagle and half-lion – that symbolized a connection between cosmic and psychic powers.”

Gryphon Trio Live In Almonte performing Beethoven's Archduke Trio
The Gryphon Trio
Annalee Patipatanakoon, violin
Roman Borys, cello
Jamie Parker, piano

DATE & TIME: Friday, December 2, 2011 @ 8:00 P.M.

CONCERT VENUE:
All Saints Episcopal Church
9th Av. & Dolores St., S.W. Corner
Carmel-by-the-Sea, CA.

PROGRAM:
FRANZ JOSEPH HAYDN (1732 - 1809)
Piano Trio in C Major, Hob. XV:27

ANTONIN DVORAK (1841 - 1904)
Trio No. 4 in E minor, "Dumky"

Intermission

LUDWIG VAN BEETHOVEN (1770 - 1827)
Trio in B -flat Major, Op.97 "Archduke"

TICKETS:
$30.00, Open Seating
Online
By phone, please call 831.625.9938

ADDENDUM:
Keith Horner speaks with Annalee Patipatanakoon, Roman Borys and James Parker about life in the Gryphon Trio. Recorded live at the 2009 Festival of the Sound.
CONVERSATIONS with Keith Horner: GRYPHON TRIO - p1

CONVERSATIONS with Keith Horner: GRYPHON TRIO - p2

CONVERSATIONS with Keith Horner: GRYPHON TRIO – p3

myspace Gryphon Trio

PacRep Theatre Presents 'EVERY CHRISTMAS STORY EVER TOLD'

2011-11-21T15:30:00.000-08:00

ADVANCE: PacRep reopens the Circle Theatre to retell 'Every Christmas Story Ever Told'
By LILY DAYTON Herald Correspondent
Posted: 11/24/2011
Updated: 11/28/2011

PACREP THEATRE
“The only professional theatre on the Monterey Peninsula”

“In celebrating the transforming power of the creative spirit, PacRep Theatre produces bold and daring interpretations of the great plays from the world stage - plays that engage, excite, educate and inspire - presenting a world-class theatrical experience.”

Stephen Moorer, Founder & Executive Director
Kenneth Kelleher, Artistic Director

PacRep Theatre Presents “EVERY CHRISTMAS STORY EVER TOLD”
By Michael Carleton, John Alvarez & Jim Fitzgerald
Original Music by Will Knapp
Director and Costar John Rousseau
Costars Julie Hughett and Michael D. Jacobs

“Santa Claus and just about every other Christmas character in pop culture history, make an appearance in this fast-moving, irreverent comedy, in which three actors decide that rather than perform “A Christmas Carol” once again, they'll retell every Christmas story ever told in just 90 minutes.”

DATES & TIMES:
Thursday, November 23– Sunday, December 18, 2011
Previews: Wednesday, November 23 & Friday, November 25 @ 7:30 P.M.
Opening: Saturday, November 26 @ 7:30 P.M.
Sundays, November 27, December 4, 11, 18 @ 2:00 P.M.
Thursdays, December 1, 8, 15 @ 7:30 P.M.
Fridays, December 2, 9, 16 @ 7:30 P.M.
Saturdays, December 3, 10, 17 @ 7:30 P.M.

THEATRE VENUE:
Circle Theatre
Casanova St. between 8th Av. & 9th Av.
Carmel-by-the-Sea, CA.

TICKETS:
Previews: Wednesday, November 23 & Friday, November 25 @ 7:30 P.M.
Adult: $16.00
Senior: $12.00
Student/Teacher: $ 10.00
Child: $7.00

Opening: Saturday, November 26 @ 7:30 P.M.
Fridays, December 2, 9, 16 @ 7:30 P.M.
Saturdays, December 3, 10, 17 @ 7:30 P.M.
Adult: $35.00
Senior: $ 26 .00
Student/Teacher: $ 15 .00
Child: $7.00

Sundays, November 27, December 4, 11 @ 2:00 P.M.
Thursdays, December 1, 8, 15 @ 7:30 P.M.
Adult: $30.00
Senior: $ 22.00
Student/Teacher: $12 .00
Child: $7.00

Golden Bough Box Office
W/s Monte Verde St. between 8th Av. & 9th Av.
Carmel-by-the-Sea, CA.
Tues - Sat, 11:00 A.M. – 4:00 P.M.
Box Office: 831-622-0100
Toll Free: 866-622-0709 toll-free
Fax 831-622-0703

Online

PacRep Season FlexPass!

ADDENDUM:
Pacific Repertory Theatre on facebook

EMail List Signup

Every Christmas Ever Told (And Then Some!)
by Michael Carleton, James FitzGerald, and John K. Alvarez, 2007

MONTEREY COUNTY BOARD OF SUPERVISORS: Villas de Carmelo Disapproval of proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan & Denial of the Application

2011-11-14T21:07:00.000-08:00

UPDATE:
MONTEREY COUNTY BOARD OF SUPERVISORS

ROLL CALL
Present: Supervisors Parker (Chair), Armenta, Calcagno, Salinas and Potter.

SCHEDULED MATTERS
S-5 Public Hearing (continued from October 11, 2011) to consider:
a. Disapproval of proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and
b. Denial of the application.
(PLN070497 - Rigoulette [Villas de Carmelo], 24945 Valley Way, Carmel, Carmel Area Land Use Plan)

Public Comment Highlights:
Mark Bayne, Save Our Carmel Neighborhoods Coalition, addressed the Supervisors and questioned why the zoning issue was not addressed “at the very beginning” of the Widewaters application process and thanked the Supervisors for their support and decision-making.

Amy White, Executive Director, LandWatch, congratulated the Supervisors for their “good” decision to deny the project.

Aengus Jeffers, (attorney Horan, Lloyd, Karachale, Dyer, Schwartz, Law & Cook, Incorporated) representing Rigoulette LLC, owned by the McDowell family, stated that Widewaters terminated their “option” and the McDowell’s are now back in control of the property. He stated that the McDowell’s want to find a use for the property. He stated that his client and he are getting “smart” starting with LandWatch and the City of Carmel for a 16-unit property and determine if the project is economically feasible. He asked for two revisions involving the CDO and water and stated that no one will be appealing the denial.

Molly Erickson, attorney for Save Our Carmel Neighborhoods Coalition, rebutted Jeffers, stated that now is not the time to intensify water use in the Cal-Am service area, the State Water Resources Control Board letter stands and thanked the Supervisors for their leadership and “wise decision” on this project.

Motion by Supervisor Potter, seconded. 5-0
Supervisor Potter stated that there is a project for the property consistent with zoning and that Villas de Carmelo was dictated to the community, not done in collaboration with the community.

ABSTRACT: On Tuesday, 15 November 2011 at 1:30 P.M., the Monterey County Board of Supervisors is scheduled to hold a Public Hearing for the purpose of considering Disapproval of proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120--Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and Denial of the application for (PLN070497 - Rigoulette [Villas de Carmelo], 24945 Valley Way, Carmel, Carmel Area Land Use Plan). Staff recommends that the Board of Supervisors adopt a resolution to: Disapprove proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and Deny application (Rigoulette (Villas de Carmelo)/PLN070497) for a Combined Development Permit to allow a 46 unit residential condominium project. The pertinent part of the AGENDA is reproduced; the Staff Report and Draft Resolution are embedded. DECISION: NOW, THEREFORE, based on the above findings and evidence, the Board of Supervisors does hereby:
a. Disapprove the proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards), and the recommend certification by the California Coastal Commission; and
b. Deny the proposed condominium project; (PLN070497) known as the Modified Design Alternative (identified as Alternative 4 in the EIR ); to 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. Note: Live & Archived Board of Supervisors Meetings Video & MP3 Audio

MONTEREY COUNTY BOARD OF SUPERVISORS
TUESDAY, NOVEMBER 15, 2011
County Government Centers, 168 W. Alisal St., 1st Floor
Salinas, CA 93901

AGENDA

1:30 P.M. RECONVENE

MONTEREY COUNTY BOARD OF SUPERVISORS

ROLL CALL

SCHEDULED MATTERS

S-5 Public Hearing (continued from October 11, 2011) to consider:
a. Disapproval of proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and
b. Denial of the application.
(PLN070497 - Rigoulette [Villas de Carmelo], 24945 Valley Way, Carmel, Carmel Area Land Use Plan)

MONTEREY COUNTY BOARD OF SUPERVISORS Villas de Carmelo November 2011 OCR Document

MONTEREY COUNTY BOARD OF SUPERVISORS
Staff Report

Villas De Carmelo Resolution Board of Supervisors OCR Document

Exhibit A
RESOLUTION
Before the Board of Supervisors in and for the County of Monterey, State of California
In the matter of the application of Villas De Carmelo (PLN070497) (Owner: Rigoulette)
RESOLUTION NO.

BEACH RESTROOMS: Scenic & Santa Lucia Restroom Replacement Project Public Workshop

2011-11-14T17:26:00.000-08:00

ABSTRACT: The City of Carmel-by-the-Sea has scheduled a Public Workshop to “to receive community input on conceptual plans to replace the existing temporary restrooms located near the intersection of Scenic Road and Santa Lucia Avenue in Carmel-by-the-Sea with a permanent restroom facility in the same location” on Thursday, November 17, 2011 at 6:00 P.M., City Hall Council Chambers. “The City’s General Plan recognizes the need to provide adequate facilities at the beach that will serve the needs of the public, mitigate damage to the environment and respect the character of the surrounding neighborhoods. The General Plan also establishes a goal of replacing the existing temporary restrooms located near Scenic Road and Santa Lucia Avenue with a permanent restroom facility.” The Preliminary Concept Plans are embedded and the text of the Public Notice is presented. For more information about this workshop and/or the project, contact Sean Conroy, Planning & Building Services Manager at 831-620-2010 or by email at sconroy@ci.carmel.ca.us.

Scenic and Santa Lucia Restroom Preliminary Concept Plans

Scenic and Santa Lucia Restroom Preliminary Concept Plans
Architect: Carver-Schicketanz Architects
Cover Sheet, Proposed Site Plan, Proposed Floor Plan and Proposed Building Elevations

CITY OF CARMEL-BY-THE-SEA
PUBLIC NOTICE

Beach Restroom Replacement Project
The City of Carmel-by-the-Sea will be conducting a public workshop on Thursday, November 17th at the City Hall Council Chambers located on the east side of Monte Verde Street between Ocean and Seventh avenues. The workshop will begin at 6:00 p.m.

The purpose of the workshop is to receive community input on conceptual plans to replace the existing temporary restrooms located near the intersection of Scenic Road and Santa Lucia Avenue in Carmel-by-the-Sea with a permanent restroom facility in the same location. Issues related to the permitting process, design, restroom amenities, potential neighborhood impacts, and cost will be discussed.

For more information, and/or to pick up a copy of the agenda for the meeting, please call (831)620-2010, visit the Department of Community Planning and Building located at City Hall, or log on to www.ci.carmel.ca.us, then click on “Government” and then “Beach Restrooms.”

Carmel Public Library Foundation Presents Author! Author! & Arts & Literary Event: JANE SMILEY, PULITZER PRIZE WINNING AUTHOR

2011-11-10T16:47:00.000-08:00

NEWS ARTICLE: Life of Smiley
Harrison Library brings in Jane Smiley to launch an impressive lineup of author appearances.
By Walter Ryce, Thursday, November 10, 2011

WHO: Carmel Public Library Foundation & Jane Smiley, Pulitzer Prize Winning Author
Jane Smiley is the author of numerous novels including The Age of Grief, The Greenlanders, Ordinary Love and Good Will, A Thousand Acres, which won the Pulitzer Prize in 1992, Moo, Horse Heaven, Good Faith, Ten Days in the Hills, and the young adult novel, The Georges and the Jewels, as well as many essays for such magazines as Vogue, The New Yorker, Practical Horseman, Harper’s, The New York Times Magazine, Allure, The Nation and others. She has written on politics, farming, horse training, child-rearing, literature, impulse buying, getting dressed, Barbie, marriage, and many other topics. She is also the author of the nonfiction books A Year at the Races, Thirteen Ways of Looking at the Novel and from Penguin Lives Series, a biography of Charles Dickens. In 2001, she was inducted into the American Academy of Arts and Letters and in 2006, she received the PEN USA Lifetime Achievement Award for Literature.

Author Jane Smiley: "Reading, Writing and Creativity"

WHAT: Presentation & Book Signing
Private Life; A Good Horse; The Georges and the Jewels

WHEN: Sunday, November 13, 2011 @ 4:00 P.M.

WHERE: Harrison Memorial Library
Ocean Avenue & Lincoln Street, N.E. Corner
Carmel-by-the-Sea, CA.

NOTE: $10.00 suggested contribution

FOR MORE INFORMATION:
Phone: (831) 624-2811

ADDENDUM:
Harrison Memorial Library on facebook

Monterey Symphony Presents SYMPHONY II: GEORGE² + BRAGADO² = ‘WHO CARES?’

2011-11-07T06:21:00.000-08:00

Monterey Symphony

MISSION STATEMENT: “To engage, educate, and excite the people of our region through the performance and continual discovery of
symphonic music.”

“2011-2012 A Season of Fantasy, Stories and Tales”

Monterey Symphony Presents SYMPHONY II: GEORGE² + BRAGADO² = ‘WHO CARES?’

Paloma Herrera LE CORSAIRE medora
"Who Cares? Max Bragado-Darman and Julio Bragado-Young care. Along with friends from American Ballet Theater, Paloma Herrera, Simone Messmer and Maria Riccetto, they deliver a magnificent performance of selections from the ballet by George Balanchine, featuring some of George Gershwin’s greatest Broadway tunes (Embraceable You, I Got Rhythm and others). We tip the hat to these Russian/Americans with Tchaikovsky’s famous symphony."
Max Bragado-Darman, Conductor
Julio Bragado-Young and Friends from American Ballet Theater
Musicians

DATES & TIMES:
Sunday, November 20, 2011 @ 3:00 P.M.
Monday, November 21, 2011 @ 8:00 P.M.

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

PROGRAM:
Gershwin/Balanchine Who Cares? (Balanchine)

Tchaikovsky Symphony No.2
Firebird Suite, 1919

TICKETS:
Online
$75.00/$55.00/$36.00
Facility Fee: $3.00/Ticket

FOR MORE INFORMATION:
Email: info@montereysymphony.org

Monterey Symphony
2560 Garden Road, Suite 101
Monterey, CA 93940

Phone: 831-646-8511
Toll Free: 800-698-1138
Fax: 831-644-0669
Box Office: 831-646-8511

Office Hours: 9:00 A.M. - 5:30 P.M., Monday – Friday

ADDENDUM:
Friends Luncheon – November 2011
Guest Speaker Max Bragado-Darman, conductor
Thursday, November 17, 2011 @ 11:30 A.M.
Ferrante Room at The Marriott
Monterey, CA.
11:30 A.M. – No Host Cocktails
12:15 P.M. – Luncheon
1:15 P.M. – Presentation
Cost: $45 per person

Paloma Herrera, Principal Dancer for ABT (Part 1)
Paloma Herrera, Principal Dancer for ABT (Part 2)

‘MINUTES’ for Six Noteworthy 1 November 2011 City Council Agenda Items

2011-11-05T16:18:00.000-07:00

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, November 1, 2011

Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud
ABSENT: None
STAFF PRESENT (partial list):
Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Don Freeman, City Attorney
Mike Calhoun, Interim Police Chief
Andrew Miller, Monterey Fire Chief

VII. Consent Calendar

E. Consider a Resolution amending the Memorandum of Understanding (MOU) between the City and the International Association of Fire Fighters (IAFF) Local 4579, Carmel Professional Firefighters.

F. Consideration of a Resolution amending the Memorandum of Understanding (MOU) with the Carmel Police Association (POA).

With regard to item E, Council Member Burnett clarified that new fire department employees hired by Carmel after June 30, 2012 would be hired under the second tier.

Council Member BURNETT moved to approve Consent Agenda Items including E and F, seconded by Council Member HAZDOVAC and carried unanimously.

Council Member Burnett recognized the three employees groups for agreeing to a second tier for new employees which reflects a more financially sustainable system.

IX. Ordinances

A. Consideration of an Ordinance amending Chapter 3.32 of the Carmel Municipal Code (Transient Occupancy Tax) to establish a Transient Occupancy Tax Incentive Program. (First reading)

Thompson Lange (owner Homescapes), Chair of Economic Advisory Committee, Carmel Chamber of Commerce, and Carrie Theis presented a power point presentation.

History of the Inn Incentive Program
• Palm Springs developed an incentive program in 2007 to encourage boutique hotels to refurbish their properties.
• In 2009, Tom Riser, Inns-by-the-Sea, sent a little to Sue McCloud describing this program and suggesting Carmel should look into the feasible of something similar.
• April 2010, this idea was brought to the Economic Advisory Committee who along with Rich Guillen, researched it and asked a Palm Springs representative, John Raymond, to come make a presentation in October of 2010.
• In May 2010, Thompson Lange and Carrie Theis introduced the topic to Jason’s Town Hall meeting.

Purpose of the Ordinance
• To encourage inn owners to make refurbishments
• To improve the quality of the hostelry facilities thereby enhancing the visitor experience.
• These improvements will result in the City’s hotel industry being more competitive.
• Therefore yielding higher TOT revenues for the City of Carmel.

Recommendations
• A minimum expenditure of $12,500 per room
• Renovations must be capitalized improvements
• The program is available to 20% of the City’s room inventory per year
• Property must apply for the program the application would include:
-A description of the capital improvements
-A schematic plan outlining the improvements
-A renovation schedule
-Budget estimate
-Financial projection for 10 year after completion date
• After approval, an agreement will be signed and recorded between the City and owner.
• Capital improvement must be underway within 6 months of the agreement.
• Renovations must be completed within 24 months.

Example of an Inn Incentive Program
• A 20 room inn spends $250,000 in renovations
Note: 20 room inn average size of inn in City
• Their Baseline Level TOT average is $74,460 per year for the last three years.
• After renovations, the first annual TOT payment goes up to $87,381.
• This is an increase of $12,921 of which half or $6,461 would be returned to the inn.
• Such payments would be made for a 10 year period.

TOT Incentive Matrix Sharing 50% of TOT Revenue Increases (Summary Highlights)
Base/2012
Occupancy: 60%
Average Rate: $170
Revenue: $744,600
TOT Gross: $74,460
TOT Net to City: $74,460

2013
Occupancy: 63%
Average Rate: $190
Revenue: $873,810
TOT Gross: $87,381
Increase Over Base: $12,921
50% of Increase: $6,461
TOT Net to City: $80,921

Totals after 10 Years: TOT Gross: $1,107,139
Increase Over Base: $362,539
50% of Increase: $181,270
TOT Net to City: $925,870

10 years without renovations @ 2% annual growth = $759,492
Difference between renovations being done & without renovations = $179,125 23.6% Increase of TOT

Assumptions:
Renovation of 20 Rooms and Public Areas = $250,000 (minimum spend per room needs to be $12,500)
Base year established by average of previous 3 years of TOT.
Renovation improvements must be expenditures that can be capitalized under GAAP.
Program available annually to a maximum of 20% of City inventory of hotel rooms.

Benefits
• Occupancy rates increase, yielding higher TOT.
• Put employees, i.e., plumbers contractors, electricians, landscapers, et cetera., to work.
• Increase economic vitality of inns.
• Property values increase with resultant increase in property tax revenues.

Council Member Burnett expressed concerns about correct baseline to prevent “windfalls.” He cited 5-year TOT change variable from a decrease of 11% (low) to an increase of 85% (high). In response, Carrie Theis stated that a 5-year period had a 5% difference in base. Council Member Burnett stressed that innkeepers should only receive credit for “above and beyond” actions. Council Member Talmage suggested aggregate number with market condition market factor.

Mayor McCloud opened the meeting to public comment.

Sixteen members of the public addressed Council, including, but not limited to, Barbara Livingston, Richard Stiles, James Emery, Keith Vandevere, Monta Potter (Carmel Chamber of Commerce CEO), Vinz Koller, Chris Fitz (representing Local 483 Union of La Playa and The Pine Inn employees) and David How (Carmel Lodge owner).

Comments addressed the Ordinance and the plight of former La Playa employees. Topics/Comments included the following: the fiscal effect of the Ordinance to the City; protection for workers laid off during renovations; benefit biased in favor of innkeepers; new owner, Classic Hotels & Resorts, included succession clause to San Francisco employees, but not La Playa employees and suggested Ordinance be modified in ways to prevent public money towards a subsidy for “despicable” behavior; a need for a balance between incentive program and living wages for employees; consideration of employee continuity; TOT is a fee to recover some of impacts that industry has on community based on influx of tourists, Ordinance offers subsidy to innkeepers, but not employees and Ordinance should be contingent on shared future revenues and contain successor clauses; Ordinance is “anti-worker” and beyond “anti-union” and urged the Council to not approve the Ordinance; Ordinance needs to include job protection for employees and the Ordinance should be delayed; the Economic Advisory Committee has worked on the proposal for about two years, data to support the idea that improving facilities allow innkeepers to increase rates, thereby increases occupancy and benefits City with a healthy budget; the spreadsheet figures show innkeepers keeping 90% of increase in revenues without Ordinance versus 95% increase in revenues with Ordinance and questioned consideration of Ordinance; the unintended consequences of public policy implemented with “good intentions” and La Playa situation offers an opportunity to make a correction and postpone Ordinance; the agenda item should be continued and the Council should rethink the Ordinance in “a major way;” including the issue of fairness for workers and employee protections, workers protection and recall ordinances in the Cities of Los Angeles, Berkeley, Emeryville and Santa Monica, represents an opportunity for “justice;” Monterey Bay Central Labor Council of 30,000 workers in opposition to current Ordinance
and an opportunity to reconsider Ordinance and improve it; and Ordinance is a “win-win’ for innkeepers/hotel owners and the City, “a sensible plan,” and the Ordinance is designed for the forty-eight plus or minus hotels/inns in the City, not La Playa.

Mayor McCloud closed the meeting to public comment.

Council Member Talmage stated that there are “two different discussions.” The Ordinance is an “excellent start;” he reviewed market adjustment factor, three financial variables including amount of the investment, percentage sharing relationship and period of years and suggested a scale, not a number. He stated shared relationship applied only if there is an increase of revenue and risk is the innkeepers. He urged the examination of financial model of Ordinance and continuation of agenda item. He addressed the employees of La Playa.

Council Member Burnett expressed willingness to assist City Administrator Jason Stilwell and Council Member Talmage with baseline issue and sliding scale issue. He stated Council should provide policy direction including description from applicant on the treatment of employees (a disclosure) and protection for workers language.

Mayor McCLOUD moved to continue Consideration of an Ordinance amending Chapter 3.32 of the Carmel Municipal Code (Transient Occupancy Tax) to establish a Transient Occupancy Tax Incentive Program, including policy direction to the city administrator and staff to research and brief council on labor issue, what exists in the county and state, rules and regulations regarding labor issue, seconded by Council Member SHARP and carried by the following roll call vote:

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

X. Resolutions

B. Consideration of a Resolution approving a contract with the City of Monterey for fire services.

Jason Stilwell, City Administrator, presented the staff report, including inclusion of complete attachment C, supplemented by Andrew Miller, Monterey Fire Chief, who addressed issues raised by Council, such as seniority system with respect to station open bidding process (Carmel Fire Fighters ineligible to bid for one year), fire hydrant testing on a ten-year cycle due to limitations by water restrictions (NFPA recommendation testing every 5 years), issues of flow testing water mains and annual maintenance of all fire hydrants, adherence to NFPA standards are prioritized, two-in, two-out (with ambulance) inclusion language, fire/ambulance integration language, clarification of fire services contract for five years with six-month termination clause, ambulance contract six months with 30-day termination clause, PERS issue, “closest” issue and Carmel response times will remain the same and not change. Fred Cohn, Assistant City Administrator, clarified length of ambulance term with respect to Monterey employees after July 2012 affected by two-tier system and addressed penalty provision.

Mayor McCloud opened the meeting to public comment.

Barbara Livingston, President, Board of the Carmel Residents Association, stated opposition to the Monterey “takeover” of the Carmel Fire Department and addressed the tradition and history of the Carmel Fire Department.

Richard Stiles addressed importance of two-in, two-out language in contract, including training. City Administrator Jason Stilwell clarified $2.2 million represents budgeted amount for fire services and ambulance subsidy and the difference between $2.2 and $1.7 million represents cost of ambulance, fire repairs and maintenance.

Roberta Miller stated that the actual cost of fire services is “uncertain.” She stated that the selection process had no competitive bid process and a lack of alternatives and cost/benefit analysis and accused Council of lack of due diligence.

Jerry stated support for the consolidation of Carmel’s fire department with Monterey.

Mayor McCloud closed the meeting to public comment.

Mayor McCloud defended City’s actions with regard to fire selection process.

Council Member Burnett stated his belief that the City will have better and more reliable service and lower cost through consolidation with “neighbors.”

Council Member TALMAGE moved to approve a contract with the City of Monterey for fire services, and direct city administrator and Monterey staff to include specific language pertaining to four issues, including testing every 5 years, 4th firefighter provided by ambulance and it unavailable by Monterey, operational integration of fire and ambulance including training, length of contract 2.5 years, omission of penalty clause requested of Monterey Council, seconded by Mayor McCLOUD and carried by the following roll call vote:

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

XI. Orders of Council

A. Receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions.

Jason Stilwell, City Administrator, presented the staff report, including review of the Carmel CAlPERS Pension Committee recommendations, and Governor Brown’s state-wide changes to public employees retirement systems.

Mayor McCloud opened and closed the meeting to public comment.

Council Member SHARP moved to receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

Council Member Burnett stated that in “the interest of the fiscal stability of the community,” every day that goes by costs the City over $1,000 in interest payments for the side fund debt alone and recommended the use of reserves of pay off some of the side fund debt in order to save interest costs.

C. Approve the City’s art collection deaccession policy.

Mayor McCloud presented the staff report, including the fact that the City accepted “six huge pieces of art” which the donors understood to be sold by the donors, and since the artworks are not well taken care of and, more importantly, the proceeds of sale could be used to maintain the art collection.

Council Member Talmage addressed the twelve criteria and suggested the deletion of item 6. He addressed his concern about “overrepresentation” language and stated that he would not limit the number of original artworks of good quality and condition of a single artist.
Note: 6. Deaccessioning of the object would help to eliminate an over-representation in an historical area of an artist or movement in the collection

Mayor McCloud stated she would contact Sheryl Nonnenberg about issues.

Council Member Burnett advocated for not deleting item 6 because it gives the Council “discretion.”

Mayor McCloud opened and closed the meeting to public comment.

Council Member HAZDOVAC moved to approve the City’s art collection deaccession policy, seconded by Council Member BURNETT and carried by the following roll call vote:

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

Carmel Art Association Presents SPECIAL INSTALLATION ‘DAY OF THE DEAD’ ALTAR INSTALLATION, FARRINGTON AND LINDGERG TWO-PERSON SHOW ‘THE LAST PICTURE SHOW’ & GALLERY SHOWCASE FEATURING CROZIER & JELMINI

2011-11-02T10:05:00.000-07:00

DRAFT AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA & DRAFT AGREEMENT TO PROVIDE INTERIM AMBULANCE ADMINISTRATION SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA

2011-11-01T17:36:00.000-07:00

ABSTRACT: Per City Administrator Jason Stilwell’s Agenda Item Summary for the Consideration of a Resolution approving a contract with the City of Monterey for fire services prepared for the November 1, 2011 City Council Meeting, a “clean version” of a DRAFT AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA, incorporating council changes from City Council at its October 4, 2011 City Council Meeting, and including SECTION 8.4 WORKERS COMPENSATION INSURANCE AGREEMENT BETWEEN CITY OF MONTEREY AND CITY OF CARMEL-BY-THE-SEA RE: FIRE SERVICE CONTRACTING AND WORKERS’ COMPENSATION and DRAFT
AGREEMENT TO PROVIDE INTERIM AMBULANCE ADMINISTRATION SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA are embedded.

DRAFT AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES -
DRAFT AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA

DRAFT AGREEMENT TO PROVIDE INTERIM AMBULANCE ADMINISTRATION SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL

DRAFT AGREEMENT TO PROVIDE INTERIM AMBULANCE ADMINISTRATION SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA

Six Noteworthy 1 November 2011 City Council Agenda Items

2011-10-29T17:29:00.000-07:00

ABSTRACT: Six Noteworthy 1 November 2011 City Council Agenda Items, namely a Resolution amending the Memorandum of Understanding (MOU) between the City and the International Association of Fire Fighters (IAFF) Local 4579, Carmel Professional Firefighters, a Resolution amending the Memorandum of Understanding (MOU) with the Carmel Police Association (POA), an Ordinance amending Chapter 3.32 of the Carmel Municipal Code (Transient Occupancy Tax) to establish a Transient Occupancy Tax Incentive Program, a Resolution approving a contract with the City of Monterey for fire services, Receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions and Approve the City’s art collection deaccession policy, are presented. Excerpts from Agenda Item Summaries and Staff Reports are provided; and supporting documents, namely HOSTELRY CAPITAL IMPROVEMENT INCENTIVE PROGRAM, PROPOSED AGREEMENT FOR THE PROVISION OF FIRE SERVICES Staff Report, The Carmel CalPERS Pension Committee Final Report and ART COLLECTION DEACCESSION PROJECT, are embedded.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
Regular Meeting
Tuesday, November 1, 2011
4:30 p.m., Open Session

Live & Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

VII. Consent Calendar

E. Consider a Resolution amending the Memorandum of Understanding (MOU) between the City and the International Association of Fire Fighters (IAFF) Local 4579, Carmel Professional Firefighters.

The Memorandum of Understanding (MOU) concluded December 31, 2010, and in accordance with State law, the terms and conditions of that agreement remain in effect for both parties until amended or until a successor agreement is reached. A successor agreement has not been negotiated pending the City Council’s action on a shared services agreement for fire services. It is anticipated that in a shared services model the City of Carmel employees represented by the IAFF would become employees of the partner agency and would be represented by that agency’s bargaining unit.

The IAFF has requested the City consider amended terms to the MOU between the City and the IAFF in coordination with the City’s shared services model. These amended terms include:

• The term of this MOU shall be extended to June 30, 2012.

• A salary adjustment of 8.75% scheduled to be applied effective January 3, 2011, shall not be implemented subject to the City of Carmel-by-the-Sea entering into a contract with the City of Monterey to merge the two fire departments effective January 1, 2012. Otherwise the salary adjustment of 8.75% will be implemented per the effective date as stated in the MOU. In this event, the payment owed as a result of this salary adjustment will be paid by January 21, 2012. If Carmel cancels the fire merger contract with the City of Monterey within 24 months from the inception of employment with the City of Monterey, the existing MOU would apply, including the 8.75% salary increase, and which increase will not be retroactive.

• The City and IAFF have met and conferred on the potential change in the City’s relationship with Carmel Regional Fire Ambulance (CRFA), specifically that the CRFA ambulance service would become a function of the City.

Fiscal Impact: The cost of the 8.75% salary adjustment is estimated at $114,000 which would be a savings to the City in the event the City enters into a shared fire services agreement with Monterey and remains in the agreement for at lease 24 months.

F. Consideration of a Resolution amending the Memorandum of Understanding (MOU) with the Carmel Police Association (POA).

The City and the POA have entered into an MOU that is scheduled to expire on June 30, 2012. The agreement covers both sworn and non-sworn police department employees.

The City Council has determined that in order to achieve long term fiscal stability and sustainability, the City must implement fundamental change to how it provides employee benefits including the implementation of new retirement tiers. Changes in retirement benefit must be negotiated with the City’s recognized bargaining units. The California Public Employees’ Retirement System (CalPERS) administers the retirement benefits of the City’s employees. The California Public Employee retirement Law (PERL) mandates separate retirement formulas for safety and non-safety employees.

In order for the City to implement the new retirement tiers, amendments to the MOUs with all recognized bargaining units is required. The Carmel Professional Fire Fighters (IAFF) has offered to begin a two-tier PERS public safety formula for all fire department employees hired after July 1, 2011. The implementation of a second retirement tier and other minor changes to the MOU for all employees represented by the POA was ratified by its membership on October 21, 2011.

The proposed amendment to the current MOU accomplishes the City’s goal of reducing retirement costs and includes the following additional modifications:

1. 2%@50 retirement tier for newly hired sworn officers and 2%@60 for newly hired non-sworn personnel with three-year final average salary for each effective the implementation date of the new tier by CalPERS;

2. Section 11 and 12 of the MOU will be changed to the accrue rate of 12 hours for holidays and general leave;

3. Increase uniform allowance for all members from $50/month to $75/month; and

4. In-lieu cash for individuals who opt out of the insurance coverage be set at $291 rather than the $270 it states in the MOU (this corrects an error in the contract that was not previously caught since currently none of the members utilize the benefit and is not consistent with the other units.).

Fiscal Impact: The cost of achieving the two-tier agreement now rather than at the expiration of the MOU would be mitigated this fiscal year by implementing the economic benefits. The estimated cost of the economic terms is an estimated $22,000 this fiscal year and $44,000 in 2012-2013.

IX. Ordinances

A. Consideration of an Ordinance amending Chapter 3.32 of the Carmel Municipal Code (Transient Occupancy Tax) to establish a Transient Occupancy Tax Incentive Program. (First reading)

This Ordinance would amend Chapter 3.32 of the Carmel Municipal Code (Transient occupancy Tax) to establish a Transient Occupancy Tax Incentive Program. The purpose of the program is to provide an economic redevelopment incentive for the City’s hostelries to make certain capital improvements to their properties. This, in turn, will make City inns and hotels more competitive and will yield a higher TOT, which will benefit the City.

Fiscal Impact: There is no fiscal impact with the recommended action. If the Council adopts the Ordinance establishing a TOT incentive program, inn operators may apply to the program. Each application will be considered individually and will have identified fiscal impact estimates. The program is designed to share TOT growth with an innkeeper that completes capital investment. The program anticipated increased occupancy rates as a result of the capital improvements. The City’s adopted budget anticipates $4.21 million in Transient Occupancy tax revenue for FY 2011-12.

HOSTELRY CAPITAL IMPROVEMENT INCENTIVE PROGRAM Exhibit A

HOSTELRY CAPITAL IMPROVEMENT INCENTIVE PROGRAM

X. Resolutions

B. Consideration of a Resolution approving a contract with the City of Monterey for fire services.

At its meeting of October 4, 2011 the City Council received a report on shared fire services with the City of Monterey and a draft shared services agreement with the City of Monterey for fire services. Council presented direction to staff, comments, thoughts and concerns. Staff of both cities have worked in the interim to incorporate those changes into the agreement included with this agenda item.

The material for this agenda item includes both a clean version of the proposed fire services agreement and a version that shows the changes from the draft version last reviewed by the City Council. In accordance with the comments and direction from the City Council on October 4, 2011 the changes focus on four policy areas:

• Leadership integration including clarification of the structure and the relationship between the Fire Department leadership and the City of Carmel-by-the-Sea;

• Ambulance Services and incorporation of those services into the City of Carmel-by-the-Sea organizational structure;

• Performance information including clarification of the services to be provided, metrics for measuring the frequency and types of services provided;

• Cost Sustainability including the ability to manage asset replacement and to have involvement in staffing cost issues.

Fiscal Impact: The estimate for providing services for FY 2012-13 included in the contract is $1,715,721. The FY 2012-13 estimate for fire services included in the City’s budget is $2,190,531.

PROPOSED AGREEMENT FOR THE PROVISION OF FIRE SERVICES Niovember 2011

PROPOSED AGREEMENT FOR THE PROVISION OF FIRE SERVICES Staff Report

XI. Orders of Council

A. Receive, file and disseminate the report of the ad hoc Carmel CalPERS Pension Committee and direct staff to return with recommended implementation actions.

On October 2010, an ad hoc committee was formed to review the City’s pension retirement plans provided by the California public Employees’ Retirement System (CalPERS) and to make recommendations to the City concerning those and alternative plans.

Mayor McCloud charged the committee with understanding issues, developing options and recommendations, and advising the Council of its findings. All five Committee members have significant experience concerning pension and money management. Two are retired financial executive (Richard Borda and Joseph Mark), two are financial executives (Barbara Santry and Laura Zehm), and William Sharpe is a retired Professor of Finance at Stanford University. In the course of its almost year of work, the Committee studied available documents and data, supplemented by additional information provided by CalPERS and the City’s administrations.

On September 13, 2011, William Sharpe delivered the Committee’s interim report to Council.

The Committee’s final report covers many of the issues raised by the 2010 Monterey Civil Grand Jury, the findings and recommendations included in the Committee’s Interim Report, and additional background information.

Based on this final report, staff will develop a specific action plan and timeline for implementing the Committee recommendations and will offer this plan for Council consideration and approval. Many of the Committee’s recommendations could require a long-term, concerted strategy or involve negotiations with the City’s labor groups; others could pub into effect more quickly.

The Carmel CalPERS Pension Committee Final Report September 2011

The Carmel CalPERS Pension Committee Final Report

C. Approve the City’s art collection deaccession policy.

On June 8, 2010, the Carmel City Council adopted Resolution 2010-43, approving a management policy for the City’s art collection. The intent of the management policy was to define the scope of the collection as a regional collection that reflected the long artistic heritage of Carmel-by-the-Sea. As such, parameters were established in order that the collection would include art by artists who have lived, worked or belonged to art organizations in Carmel. In addition, art depicting the geography of the Carmel area would be included. Finally, art pertaining to Carmel history (people, architecture, events) also would be retained.

Resolution 2010-43 also authorized the city to hire art consultant Sheryl Nonnenberg to begin the deaccession process. Deaccessioning is defined as “the formal process of removing an object from a collection.” Nonnenberg’s report, detailing her work in this effort, is included in the attached report.

Fiscal Impact: Revenue generated by the sale of deaccessioned art works can be used for the care, maintenance and augmentation of the City’a art collection, which is a significan asset.

Important Considerations: By using these guidelines established in this deaccession policy, the City will be able to more objectively review and define its art collection so that only objects that fall within the stated parameters will be retained, and those that do not can be deaccessioned. This will reduce both staff time and the amount of physical space necessary to mange the art collection. Revenue generated by the sale of deaccessioned art works can be used for the care, maintenance and augmentation of the art collection.

ART COLLECTION DEACCESSION PROJECT August 2011

ART COLLECTION DEACCESSION PROJECT

FORUM ON THE FUTURE OF THE MONTEREY PENINSULA WATER SUPPLY, Wednesday, October 26 from 6:00 P.M. – 10:30 P.M.

2011-10-25T10:12:00.000-07:00

NEWS ARTICLES: People hear pitches for water solutions
Monterey: Cal Am says it will decide on alternative source
By JIM JOHNSON Herald Staff Writer, 10/27/2011

News Blog
Live Blogging the Water Forum
By Kera.Abraham, October 26, 2011

UPDATE:Cal Am Water Addendum to Water Supply Alternatives Study

California American Water releases addendum to study of Monterey Peninsula water supply alternatives
October 26, 2011

ABSTRACT: The City of Monterey is hosting the Monterey Peninsula Water Forum featuring presentations by California American Water (Cal-Am), DeepWater Desal, the Monterey Peninsula Water Management District (MPWMD), the Monterey Regional Water Pollution Control Agency (MRWPCA), and the People's Moss Landing Water Desal Project. WHO, WHAT, WHEN & WHERE is presented and the text of the AGENDA is reproduced. Notes: The Forum will be broadcast live on Comcast cable channel 25. A live video stream will be viewable on the web at www.monterey.org/tv and the forum will be re-broadcast on Channel 25 and will be available to view as video-on-demand on the web. Information about the Water Forum is available at www.monterey.org/waterforum

WHO: Hosted by the City of Monterey on behalf of the six peninsula cities of Carmel, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside.
California American Water, DeepWater Desal LLC, Monterey Peninsula Water Management District:, Monterey Regional Water Pollution Control Agency and The People’s Moss Landing Water Desal Project

WHAT: Monterey Peninsula Water Forum
Five organizations with water supply solutions will discuss their plans, including how much water will be generated, the cost of the water, the timeline for delivering water, the mechanics of the solution, and the status of environmental reviews. Presentations will be made by California American Water (Cal-Am), DeepWater Desal, the Monterey Peninsula Water Management District (MPWMD), the Monterey Regional Water Pollution Control Agency (MRWPCA), and the People's Moss Landing Water Desal Project.
California American Water will present the results of an RBF Consulting technical analysis of 11 alternative water supply options to meet the Monterey Peninsula’s water shortage. The analysis was developed to examine the technical feasibility of the 11 alternatives in a uniform manner to provide community stakeholders an objective look at each option.
DeepWater Desal LLC plans to build a 25-million gallon per day desalination plant at Moss Landing that will supply potable water to water agencies in both Santa Cruz and Monterey Counties. The feed water will be drawn deep from the Monterey Submarine Canyon that comes inshore at Moss Landing because this water is clearer and cleaner than ground water and contains less marine life than shallow sea water sources.
Monterey Peninsula Water Management District: To address the water supply gap, the District has approved five projects for further investigation. These include Aquifer Storage and Recovery (both the existing Phase 1 and additional phases), a small local desalination facility, support and assistance with the MRWPCA Groundwater Replenishment project, and creating additional capacity at the Los Padres Dam.
Monterey Regional Water Pollution Control Agency proposes to construct a 2,700 acre feet per year Groundwater Replenishment Project that would recharge the Seaside Aquifer. This project will utilize the same state-of-the-art advanced water treatment technology successfully used for the last 35 years by the Orange County Water District.
The People’s Moss Landing Water Desal Project proposes a 10,700 acre feet per year desalination plant on 60 acres of its property in Moss Landing which already has intake and outfall pumps and pipes and a permit to process 60-million gallons of water per day, and 14 storage tanks having 44-million gallons capacity.

WHEN: Wednesday, October 26 from 6:00 P.M. – 10:30 P.M.

WHERE: Monterey Conference Center, Steinbeck Forum.
One Portola Plaza
Monterey, CA.
Free parking is available after 5:00 P.M. in the Downtown West Garage on Tyler Street between Del Monte and Washington streets.

NOTES:
The forum will be broadcast live on Comcast cable channel 25.
A live video stream will be viewable on the web at www.monterey.org/tv. The forum will be re-broadcast on Channel 25 and will be available to view as video-on-demand on the web.
Information about the Water Forum is available at www.monterey.org/waterforum

AGENDA
City Council Agenda
Monterey City Council
Wednesday, October 26, 2011
6:00 to 10:30 p.m.

CALL TO ORDER

1. Opening Comments and Introductions (5 minutes)

Monterey Peninsula Water Forum
On behalf of the six Peninsula cities of Carmel, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside, this public forum will explore the current array of proposed water projects, along with each project's proposed solution, including how it creates a new water supply for the Peninsula, and at what cost.

PRESENTATIONS

2. Presentation by the Monterey Peninsula Water Management District (MPWMD) (30 minutes)

3. Presentation by the Monterey Regional Water Pollution Control Agency (MRWPCA)(30 minutes)

4. Presentation on the DeepWater Desal Project (30 minutes)

5. Presentation on the People's Moss Landing Water Desal Project (30 minutes)

***15 MINUTE BREAK***

PRESENTATIONS CONTINUED

6. Presentation by California American Water Company (Cal-Am) (45 minutes)

***5 MINUTE BREAK***

COMMENTS – REMARKS

7. Answers to Written Questions Submitted by Audience (45 minutes)

8. Oral Public Comments Regarding the Presentations - Due to time constraints, speakers will be limited to one minute each (30 minutes)

9. Facilitator Remarks (5 minutes)

ADJOURNMENT

Carmel Arbor Day ‘Celebrating Sustainability:’ Featuring Joyce Stevens, Author & Paul Byrne, LEED Architect

2011-10-24T20:24:00.000-07:00

ABSTRACT: The text of the Carmel Arbor Day “Celebrating Sustainability” flyer is reproduced. The event is scheduled for Thursday, October 27, 2011 from 2:00 P.M. – 4:00 P.M. at Carpenter Hall, Sunset Center and sponsored by Friends of Carmel Forest and Carmel-by-the-Sea Forest and Beach Commission.

Join Us For
Carmel Arbor Bay
Celebrating Sustainability

Featuring
Joyce Stevens
Co-author of "The Monterey Pine Forest"

Paul Byrne, LEED Architect
Grid Neutral Architecture

With Mike Branson, City Forester
Sustainable Carmel
and
Light Fare by Cypress Inn

2:00 to 4:00 p.m.
Thursday, October 27
Carpenter Hall at Sunset Center
S.W. Corner of Mission St. & 8th Avenue
Free parking San Carlos St. & 10th Avenue
Free Admission

Sponsored by
Friends of Carmel Forest
Carmel-by-the-Sea Forest and Beach Commission

For more information, please call 831-250-7721 or 831-620-2010
Or visit www.carmelforest.org

ADDENDUM:
The Trees for the Forest
New book by local nonprofit shines light on our own Monterey pine.
By Kera Abraham Thursday, July 28, 2011

The Monterey Pine Forest: Coastal California's Living Legacy (1/1/2011) by The Monterey Pine Watch Group

Friends of Carmel Forest on facebook

USGBC
NORTHERN CALIFORNIA
Green Building Codes Resource Center
California’s New Green Building Code (CALGreen)
Summary Information about the Codes
PowerPoint Overviews

2010 California Green Building Standards Code
California Code of Regulations, Title 24, Part 11
First Printing: June 2010
ISBN 978-1-58001-979-8
COPYRIGHT © 2010
Held by
California Building Standards Commission
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833-2936

Green Building Program
Carmel-by-the-Sea Department of Community Planning and Building

ORAL ARGUMENT: THE FLANDERS FOUNDATION, Plaintiff and Appellant v. CITY OF CARMEL-BY-THE-SEA et al, Defendants and Appellants (Sixth District Court of Appeal Case No. H035818)

2011-10-20T20:56:00.000-07:00

NEWS ARTICLE: Appeals court hears Flanders arguments
By JIM JOHNSON Herald Staff Writer, 10/21/2011

ABSTRACT: On Thursday, 20 October 2011, Justices Mihara, Duffy and Walsh (pro tem) heard oral argument from the attorney for the City of Carmel-by-the-Sea, David W. Balch, and the attorney for The Flanders Foundation, Susan Brandt-Hawley. Both attorneys had approximately 20 minutes for opening statements and 10 minutes rebuttal, including answering direct questions from the Justices. Basically, attorney Brandt-Hawley argued that Judge Kingsley’s decision on the Surplus Land Act issue should be upheld because there was no analysis of the environmental impacts of a public agency purchasing the Flanders Mansion Property in the Environmental Impact Reports (EIR). On the Economic Feasibility Analysis issue, Brandt-Hawley argued that the document should have been a part of the Draft EIR since the basis for the City Council approving the sale or lease of the property was based on the City Council’s determination that the lease option was economically infeasible. She further argued that the Economic Feasibility Analysis was insufficient because it did not ask and answer the correct questions involving analogous properties and analyzing feasible alternatives not limited to the sale of the Flanders Mansion Property. And specifically the context for the Economic Feasibility Analysis of whether the City could make a profit was incorrect. The attorney for the City, David Balch, basically argued that the Court must respect the broad discretion of the City Council in making its decision to approve the sale or lease of the Flanders Mansion Property. Specifically, Balch argued that the City complied with the Surplus Land Act provisions sufficiently because “future action” is “speculative” and therefore any further analysis would be “misleading” and financially wasteful. On the Economic Feasibility Analysis issue, Balch stated that there is no requirement that the Economic Feasibility Analysis be included in the EIR and while the document was not available to the public until after the public comment period closed for the Draft EIR, it was available prior to the City Council’s final determination to approve the sale or lease of the Property. Balch further argued that it is within the discretion of the City to define “infeasible” as 17 years for a residential lease to recoup the cost of the estimated $1.3 million rehabilitation or 7 years for a commercial lease compared to sale of the Flanders Mansion Property for $2.7 million without rehabilitation or $4 million with rehabilitation. Both attorneys recognized that the City’s purpose was divestment of the Property for financial reasons, i.e., a desire not to use taxpayer monies to maintain or improve the Property. Attorney Brandt-Hawley argued that it is feasible to achieve that objective without selling the Flanders Mansion Property, whereas attorney Balch argued that there is substantial evidence in the record to support the City Council’s decision and it is within the City’s discretion to sell the Flanders Mansion Property subject to CEQA and a public vote. During the presentations of the attorneys, Justices asked questions of clarification and other questions regarding the conservation easements and public access issues, reasonable expectations for complying with the Surplus Land Act, et cetera. After approximately one hour, the case was submitted and an opinion is expected within 90 days. A Summary of the Case, prepared by Monterey County, not the Court, was available for the public. The Summary is embedded below.

ORAL ARGUMENT CALENDAR

ORAL ARGUMENT CALENDAR
COURT OF APPEAL, SIXTH APPELLATE DISTRICT
CASE NO. H035818
TITLE THE FLANDERS FOUNDATION, Plaintiff and Appellant v. CITY OF CARMEL-BY-THE-SEA et al., Defendants and Appellants

Clarifications/Corrections to Summary include the following:
• Statement in Summary: “The Mansion borders a 35-arce city park and a public garden.”
Clarification: The Mansion is within Mission Trail Nature Preserve and the 1.252 acre parcel comprises an inholding in the City’s largest park.

• Statement in Summary: “Because the Mansion property included nearly 15 acres of parkland, the City reduced the size of the Mansion property to 1.5 acres.”
Correction/Clarification: The Flanders Mansion Property parcel is 1.252 acres, not 1.5 acres. The “parkland” is Mission Trail Nature Preserve, 35 acres total.

Chamber Music Monterey Bay Presents MORGENSTERN PIANO TRIO

2011-10-18T16:58:00.000-07:00

Chamber Music Monterey Bay
“Our 45th Season of Presenting The World’s Greatest Chamber Music”

“Chamber Music Monterey Bay (CMMB) is a non-profit organization that has enriched the cultural life of the community by bringing world-renowned music ensembles to the Monterey Peninsula since 1966.”

Artistic Vision
“Chamber Music Monterey Bay preserves the tradition of live classical chamber music performance and creatively explores the evolution of this art form. Chamber music is often defined as music performed by one person per part, with two or more players and usually without a conductor. CMMB focuses on the European-based tradition of chamber music composed over the past four centuries and its contemporary international expressions.”

Chamber Music Monterey Bay Presents MORGENSTERN PIANO TRIO
MORGENSTERN PIANO TRIO
Catherine Klipfel, Piano
Stefan Hempel, Violin
Emanuel Wehse, Cellist

“To name a piano trio after the popular 19th century German poet Christian Morgenstern was the inspiration of Catherine Klipfel, piano, Stefan Hempel, violin, and Emanuel Wehse, cellist, who met during their studies at the Folkwang Conservatory in Essen, Germany.”

Morgenstern Trio Portrait

Morgenstern Trio - Beethoven Piano Trio in B flat Major Op. 97 "Archduke"

DATE & TIME: Friday, November 11, 2011 @ 8:00 P.M.
Pre-concert lecture at 7:00 P.M. in Studio 105, downstairs from the Sunset Center Lobby, by San Francisco Musicologist Kai Christiansen.

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

PROGRAM:
Wolfgang Amadeus Mozart (1756-1791)
Piano Trio in G major, K. 564 (for violin, cello and piano) (Composed 1788)
I. Allegro
II. Andante [con Variazioni]
III. Allegretto

Bedřich Smetana (1824-1884)
Piano Trio in g minor, Op. 15 (for violin, cello and piano) (Composed 1855)
I. Moderato assai
II. Allegro, ma non agitato - Alternativo I. Andante - Alternativo II. Maestoso
III. Finale. Presto

Ludwig van Beethoven (1770-1827)
Piano Trio No. 7 in B-flat major, Op. 97, Archduke (for violin, cello and piano) (Composed 1811)
I. Allegro moderato
II. Scherzo. Allegro - Coda
III. Andante cantabile ma però con moto
IV. Allegro moderato

TICKETS:
Price Range: $31.00 - $55.00
GOOD ORCHESTRA & GOOD BALCONY: $31.00
BETTER ORCHESTRA & BETTER BALCONY: $36.00
BEST ORCHESTRA: $41.00
PREMIUM ORCHESTRA & PREMIUM BALCONY: $46.00
BOX SEATS BALCONY: $55.00

Online
By Phone:
831.625.2212

By Mail:
PO Box 221458
Carmel, CA. 93922

By Email: info@chambermusicmontereybay.org

ADDENDUM:
Join E-mail List

THE ARC OF LIFE
A NEW PROJECT OF FOUR CHAMBER MUSIC WORKS COMMISSIONED AND CONCEIVED BY CHAMBER MUSIC MONTEREY BAY INSPIRED BY BILL VIOLA’S “GOING FORTH BY DAY”, A VIDEO PIECE COMMISSIONED IN 2002 By The Deutsche Guggenheim Berlin and the Guggenheim Museum, New York

Carmel Music Society Presents FREDERICA VON STADE, MEZZO-SOPRANO & KRISTIN PANKONIN, PIANO

2011-10-17T20:11:00.000-07:00

Carmel Music Society
“Since 1927 the Carmel Music Society has presented concerts by renowned classical artists from around the world.”

“The Carmel Music Society, now incorporating the Mozart Society of California, presents an eight-month season of world-class performances, and for 35 years we also have sponsored a competition for aspiring young musicians.”

Carmel Music Society Presents FREDERICA VON STADE, MEZZO-SOPRANO & KRISTIN PANKONIN, PIANO

Frederica Von Stade, Mezzo-Soprano & Kristin Pankonin, Piano

Opera diva Frederica Von Stade on InnerVIEWS with Ernie Manouse

Frederica von Stade - Ombra fedele anch'io (Farinelli Aria, Riccardo Broschi)

DATE & TIME: Sunday, November 6, 2011 @ 3:00 P.M.

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

PROGRAM:
I am Rose Ned Rorem (b. 1923)

La Vie en Rose Louis Guglielmi (1916 - 1991)

Paper Wings Jake Heggie (b. 1961)

Tout Gai! Maurice Ravel (1875 - 1937)

Prayer to St. Catherine Virgil Thomson (1896 - 1989)

Why do they shut me out of heaven? Aaron Copland (1900 - 1990)

The Serpent Lee Hoiby (1926 - 2011)

Voyages à Paris Francis Poulenc (1899 - 1963)
Hôtel Francis Poulenc (1899 - 1963)

Early in the Morning Ned Rorem (b. 1923)

Square Georges-Cain Marc Berthomieu (1906 - 1991)
Bois de Boulogne Marc Berthomieu (1906 - 1991)

Intermission

Lob des hohen Verstands, from Des Knaben Wunderhorn Gustav Mahler (1860 - 1911)

Va, laisse couler mes larmes, from Werther Jules Massenet (1842 - 1912)

Me voici dans son boudoir Ambroise Thomas (1811 - 1896)

Jenny Rebecca Carol Hall (b. 1936)

A Route to the Sky Jake Heggie (b. 1961)

Nicolette Maurice Ravel (1875 - 1937)

Amor William Bolcom (b. 1938)

Connais-tu le pays, from Mignon Ambroise Thomas (1811 - 1896)

Send in the Clowns, from A Little Night Music Stephen Sondheim (b. 1930)

Primary Colors Jake Heggie (b. 1961)

TICKETS:
Single tickets: Platinum $60.00/Gold $57.00/Silver $48.00/Bronze $40.00
Online
Download and mail the 2011-2012 Season Tickets & Single Tickets Order Form
Phone 831.625.9938

ADDENDUM:
Frederica Von Stade Reviews

CALIFORNIA AMERICAN WATER: Monterey Water Supply Analysis & Technical Memorandum, October 5, 2011, RBF Consulting, Cost Analysis of Water Supply Alternatives

2011-10-12T16:14:00.000-07:00

NEWS ARTICLE:
Error prompts revision of desal alternatives study
Estimate too high on one project
By JIM JOHNSON Herald Staff Writer, 10/25/2011

ABSTRACT: California American Water (CAW) has issued a technical memorandum concerning water supply alternatives designed to meet the Monterey Peninsula’s water shortage. The memo, which was prepared by RBF Consulting, examines eleven water projects capable of meeting the area’s water supply deficit, including the Marina desalination plant, pipeline, and Aquifer, Storage and Recovery (ASR) project approved by the California Public Utilities Commission. The findings will be presented at a public forum planned by the City of Monterey on Wednesday, October 26. A supplemental memo that examines permitting requirements and anticipated timelines for each project is also being prepared. In that memo, the company’s consultant will make a recommendation as to which project represents the best water supply solution for the area based on the criteria defined. Monterey Water Supply Analysis and Technical Memorandum, October 5, 2011, RBF Consulting, Cost Analysis of Water Supply Alternatives, are embedded. A SUMMARY OF REGIONAL PROJECT & ALTERNATIVES CAPITAL COST COMPARISONS appears at the end of the Post based of values from TABLE 3, TABLE 4 and TABLE 5. The Technical Memorandum’s Summary states: “We have reviewed possible physical solutions to the peninsula’s water supply shortage on an equal basis. The next step is to complete an assessment of the permitting and schedule impact for each alternative. This will be presented in a subsequent technical memorandum at which point a final recommendation as to the most attractive alternate or alternates can be determined.”
Note: Documents Courtesy of Catherine Bowie, California American Water.

Monterey Water Supply Analysis October 5 2011 FINAL

Monterey Water Supply Analysis, October 5, 2011

Content includes Project Supply and System Demand, Alternatives 1-11, Total Capital Costs Bar Chart for Alternatives 1-11, Total Annualized Capital and O&M/Annual Costs, Unit Costs ($/AF), Alternatives 1, 2 & 11, Alternatives 3 & 4-Lower Carmel Valley Filtration Plant (LCVFP) + Extended Aquifer Storage Recovery (ASR), Alternative 5 – Lower Carmel Valley Filtration Plant (LCVFP) + Desal Plant in Marina + Extended ASR, Alternative 6-LCVFP + Sand City Desal Expansion + Extended ASR, Alternative 7-LCVFP + Monterey Desal Plant + Extended ASR, Alternative 8-Lower Carmel Valley Iron Removal Plant (LCVIRP) + Monterey Desal Plant + Extended ASR, Alternative 9-SRFP + Extended ASR, Alternative 10.

Technical Memorandum RBF Consulting

Technical Memorandum
Date: October 5, 2011
To: Richard Svindland, Director of Engineering, California American Water
From: Paul Findley, RBF Consulting
Subject: Cost Analysis of Water Supply Alternatives

This technical memorandum presents the results of cost analysis for eleven alternatives to solve the water supply deficit in CAW’s Coastal Division. It should be noted that these alternatives represent physical solutions and that we have not fully explored permitting and schedule impacts for each of these alternatives. Permitting and schedule impacts will be presented in a subsequent technical memorandum.

•Alternative 1 – Implementation of 10 mgd Marina project;
•Alternative 2 – Implementation of 6.5 mgd Marina project with 2700 AFY MRWPCA Groundwater Recharge in Seaside, and 2700 AFY of Carmel River water used for ASR and injection dilution;
•Alternative 3 – 35 mgd Lower Carmel Valley Filtration Plant with a 6900 AFY ASR system in Seaside;
•Alternative 4 – 24 mgd Lower Carmel Valley Filtration Plant with a 6900 AFY ASR system in Seaside, with 2700 AFY MRWPCA Groundwater Recharge, and 4200 AFY of Carmel River water used for ASR and injection dilution;
•Alternative 5 – 32 mgd Lower Carmel Valley Filtration Plant, a 3. 5 mgd desalination plant in North Marina, and a 5500 AFY ASR system in Seaside;
•Alternative 6 – 35 mgd Lower Carmel Valley Filtration Plant, expansion of the Sand City desalination plant from 0.3 mgd to 1.0 mgd, and a 6500 afy ASR system in Seaside;
•Alternative 7 – 32 mgd Lower Carmel Valley Filtration Plant, a 3.0 mgd desalination plant near the Naval Post Graduate School, and a 5200 AFY ASR system in Seaside;
•Alternative 8– 20 mgd Lower Carmel Valley Iron Removal Plant, a 5 mgd desalination plant near the Naval Post Graduate School, and a 5100 AFY ASR system in Seaside;
•Alternative 9 – 35 mgd Salinas River Filtration Plant with a 6900 AFY ASR system in Seaside;
•Alternative 10 – 10 mgd “Deep Water Desalination” Plant near Moss Landing with a 1300 AFY ASR system in Seaside.
•Alternative 11 – 5 mgd Marina project with 2700 AFY MRWPCA Groundwater Recharge in Seaside, 2700 AFY of Carmel River water used for ASR and injection dilution, and implementation of a more aggressive conservation program to reduce demand by an additional 1500 AFY. A potential variation of this alternative would be to obtain additional Table 13 direct diversion rights in lieu of additional conservation.

Contents include Description and Operation for each Alternative, Tables (REGIONAL PROJECT CAPITAL COST, System Flow Rates, CAPITAL COST COMPARISON (2012 Dollars in Millions), O&M/ANNUAL COST COMPARISON (2012 Dollars), UNIT COST COMPARISON Figures (Alternative 3, Alternative 5, Alternative 6, Alternative 7, Alternative 8, Alternative 9 , Cost Comparison including Capital Cost, O&M/Annual Cost, Unit Cost, Other Considerations and Summary

SUMMARY OF REGIONAL PROJECT & ALTERNATIVES CAPITAL COST COMPARISONS
REGIONAL PROJECT CAPITAL COST (Estimated Cost (Oct 2012 $)
MCWD/MCWRA Total MCWD/MCWRA Capital Cost $297,000,000
CAW Total CAW Capital Cost $107,000,000
TOTAL REGIONAL PROJECT CAPITAL COST $404,000,000

Cost Analysis of Water Supply Alternatives -

‘MINUTES’ for Ten Noteworthy 4 October 2011 City Council Agenda Items

2011-10-11T20:48:00.000-07:00

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, October 4, 2011

Archived Video Streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud
ABSENT: None
STAFF PRESENT: John Goss, Interim City Administrator
Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Don Freeman, City Attorney
Mike Calhoun, Interim Police Chief
Andrew Miller, Monterey Fire Chief
Sean Conroy, Planning Services Manager

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

A. Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, Interim City Administrator Goss, to give direction regarding labor negotiations with the Carmel-by-the-Sea Police Officers Association and the Carmel Professional Firefighters/International Association of Firefighters (IAFF).

City Attorney Don Freeman stated that there were no announcements from Closed Session other than the Appellate Panel will hear Flanders Foundation v. City of Carmel-by-the-Sea on October 20 in Salinas at 9:45 A.M.

C. Announcements from City Administrator.

3. Report by outgoing Interim City Administrator Goss.

Interim City Administrator Goss stated he was “smitten with the charm of Carmel.” He mentioned work on the City’s budget and reviewed his goal “to move projects forward.” As city administrator, he has worked about 1000 hours as city administrator and his “basics” include “focused recommendations." He thanked the city staff, including Assistant City Administrator Heidi Burch, and City Council Members and the public.

X. Resolutions
A. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue.

Sean Conroy, Planning Services Manager, presented the staff report, including the residence is a Comstock house built in 1929 with very few alterations; an excellent example of his work. A Mills Act contract is ten years and typically results in a 40%-60% reduction in property taxes based on income approach to valuation. Staff recommends the adoption of Resolution approving a Mills Act contract. This would be the City’s first Mills Act contract.

Stephanie Ager Kirz, the project applicant, addressed the Council and public. She stated that the name of her residence is “Curtain Calls” named by a silent screen actress.

Mayor McCloud opened the meeting to public comment.

Alison Pratt Shelling stated support for the Mills Act contract program.

Mayor McCloud closed the meeting to public comment.

Council Member HAZDOVAC moved to authorize the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue amended to eliminate “annual grounds and tree maintenance,” seconded by Council Member BURNETT and carried by the following roll call vote:

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

B. Consideration of a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year.

John Goss, Interim City Administrator, presented the staff report. He stated that due to concerns about last season regarding compliance with the sale of food and beverages he recommended a one-year lease of the Forest Theater.

Mayor McCloud opened the meeting to public comment.

Kathryn Harrison Coleman (FTG Board Member) spoke of a “misunderstanding of procedure” and FTG had obtained all food and beverage licenses from the Health Department and ABC and appealed for more than a one-year lease.

Mayor McCloud mentioned a power point presentation prepared by the Forest Theater Guild, including programs and organizations and stated the need for more information and suggested the FTG take a year and get “organized.”

Kathryn Harrison Coleman stated that she expected the power point to be available for presentation at the meeting. That it has been the City’s past practice to grant a five–year lease and in light of their progress this past season, she advocated for the duration of the lease, i.e., four-year lease. The FTG is actively working with new board members, consultants on a “sustainability plan,” et cetera. And a one-year lease does not allow FTG to commit to programs and organizations. Ergo, the FTG is requesting the rest of the term, i.e., a four-year lease.

Mayor McCloud closed the meeting to public comment.

Council Member Burnett queried “do we have confidence in this new team” and my answer is “yes.” He stated that his experience as President of the Board of Directors of the Natural History Museum has informed him that there is a case to be made for a longer lease for seeking grants and donor commitments. (Natural History Museum has a several decades-long lease with the City of Pacific Grove).

Council Members Hazdovac and Talmage advocated for a three-year lease.

Mayor McCloud stated her belief that the FTG is not ready for major fundraising, et cetera, and the need for the City to work with the neighborhood.

Council Member BURNETT moved to approve a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for three years, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

C. Consideration of a Resolution authorizing the transfer of $40,000 from the Rio Park Deposit Fund for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Road Beach Restrooms Project.

John Goss, Interim City Administrator, presented the staff report, including the project has been “languishing.” Due to council’s reluctance to use Capital Reserves, he recommended using interest from “inactive” and “restricted” Rio Park funds for the Scenic Road Beach Restrooms Project. Robert Carver, Carver & Schicketanz Architects, asked about the next step. Planning Services Manager Sean Conroy stated that the next step would be the Planning Commission.

Council Members Burnett and Talmage raised issues including showers, neighbors concern about restroom placement involving view and toilets, Carver stated that the roof would be an “extension of the landscape” and use of gray water from Del Mar cistern could be used for toilets. Project can connect to sewer as opposed to pumping mechanism. To a query from Council Member Hazdovac, Carver stated that the restroom as designed is not ADA compliant, but compliance could be accomplished in the future. Council Member Talmage expressed concern with ceiling height; Carmel stated ceiling height 8’ to 10’ as designed and skylights not visible due to landscaping. Council Member Burnett stated monies should come from Capital Improvement Reserves.

City Attorney Don Freeman stated the importance of public notice due to concern about past litigation in 2002.

Mayor McCloud opened the meeting to public comment.

David Banks read prepared comments by Barbara Livingston regarding using Rio Park funds, all $100,000 plus interest part of agreement with Pebble Beach and that monies in an exclusive Rio Park deposit account be used for park development and requested the city attorney address her concerns.

Motta Potter, Carmel Chamber of Commerce President, stated the receipt of complaint letters about pubic nudity at the Carmel Beach; a concern with only a shower, not a changing room. She supported the use of Rio Park funds for project.

Alison Pratt Shelling expressed support for the project and urged City to contact all members of the public.

Mayor McCloud closed the meeting to public comment.

Council Member BURNETT moved to approve a Resolution authorizing the allocation of up to $54,000 from the Capital Improvement Fund for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Road Beach Restrooms Project, with modifications by the Interim City Administrator, seconded by Council Member TALMAGE and carried by the following roll call vote:

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

D. Consideration of a Resolution modifying the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table.

E. Consideration of a Resolution establishing Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer.

F. Consideration of a Resolution adopting the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding.

John Goss, Interim City Administrator, presented the staff report, including JPA dissolved 31 December 2011 and required steps for CRFA members becoming City employees.

Council Member Burnett expressed issues about CRFA potentially becoming employees of the City of Monterey as anticipated of the Carmel Firefighters becoming Monterey employees under Fire Services Agreement between the City and the City of Monterey. He expressed the possibility of savings through “economies of scale.”

Council Member Talmage addressed Memorandum of Understanding regarding the need to update the MOU. Interim City Administrator stated that it is the current MOU and provides a transition period to work through issues. To query about subsidy, the subsidy is reduced due to savings from social security, workers compensation and liability insurance.

To Council Member Talmage’s query about the staffing list, David Jedinak, CRFA, stated that presently there are three full time paramedics, one full time EMT Fire Fighter/Paramedic, and currently CRFA is bringing on board two additional Firefighters/Paramedics.

Gerard Rose, CRFA President, addressed financial “projection” and MOU issues

Mayor McCloud opened the meeting to public comment.

Barbara Livingston expressed concern for Carmel ambulance service or ambulance as part of Monterey.

Carolyn Hardy expressed concern regarding City’s position that ambulance is part of a separate division of a department which no longer exists. She voiced the need to address fire and ambulance together, not separately. “There needs to be a firm commitment, not something that will be figured out later.”

Gerard Rose, CRFA President, advocated the need for the Council to act on Goss’s recommendations.

Charlotte Townsend, the “oldest surviving mayor,” stated that she believes residents do not want to give up tradition of Carmel’s own Fire Department, not an adjunct to Monterey.

Monte Miller asked how the process is to be managed regarding firefighters and ambulance members.

Andrew Miller, Monterey Fire Chief, stated that Monterey Fire Department has been overseeing Carmel’s ambulance for the last five years and will continue that commitment. Monterey is prepared for full integration of fire and ambulance if Carmel Council makes such a decision.

Mayor McCloud closed the meeting to public comment.

Council Member HAZDOVAC moved to approve a Resolution adopting the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding, as amended, including documents regarding adoption of two-tier system, seconded by Council Member SHARP and carried by the following roll call vote:

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

Council Member BURNETT moved to approve a Resolution modifying the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table, seconded by Council Member TALMAGE and carried by the following roll call vote:

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

Council Member BURNETT moved to approve a Resolution establishing Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer, seconded by Council Member TALMAGE and carried by the following roll call vote:

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

XI. Orders of Council
A. Receive report on tentative contract with Monterey Fire.

John Goss, Interim City Administrator, presented the staff report, specifically the Draft Agreement for the Provision of Fire Service between Carmel and the City of Monterey, including modifications, such as the deletion of Section 2.5 Option to create a JPA, addition of City of Monterey will follow OSHA requirements (two-in, two-out), Section 4.2(b) (i) (D) Response Time and Monthly Report, response times not to exceed the national standard of 5 minutes or less 90% of the time, Section 9.1 Amendments to Agreement, such as “more restrictive language” to cover operational nuances.

Mayor McCloud included Section 9.2 Assignment.

Mayor McCloud opened the meeting to public comment.

Barbara Livingston stated “follow the money” and that “Monterey stands to make a lot of money” with the acquisition of the Carmel Fire Department. She expressed the City has not performed “due diligence,” such as the Council never articulated Council’s goal for the Carmel Fire Department.

Carolyn Hardy expressed concerns about continuity of employees for only one year, agreement amended without city council approval, option to create JPA, response times, elevated level of service. She asked the city attorney for his opinion regarding the pitfalls of the tentative agreement.

Monte Miller stated contract should recognize CRFA and two-in, two-out. He expressed concern with a cost plus agreement and advocated a fixed price contract.

Michael LePage, CRA Board, read a statement in opposition of the proposed acquisition of Carmel’s Fire Department by the City of Monterey; support current headquarters model; many concerns about the contract; more time needed for “full review” of contract; need to clarify CRFA in contract with regard to two-in, two-out; all amendments should be reviewed and approved by council; and advocates a fixed price contract.

Roberta Miller stated that the change from a headquarters model with Monterey to a merger with Monterey poses no control over cost, no voting rights, no say in decision, and loss in community service and it is a “huge mistake.” She asked city attorney about binding arbitration and problems regarding binding arbitration for the City and residents.

Carolyn Hardy expressed interest in including annual testing and maintenance of fire hydrants in contract.

Mayor McCloud closed the meeting to public comment.

City Attorney Don Freeman stated that the California Constitution prohibits delegation of binding arbitration. Under contract, Carmel Firefighters will be part of binding arbitration process of Monterey. He stated that it is prudent for the City Council to spend a lot of time reading the agreement and determine whether or not it is in the best interest of the City.

Council Member Talmage commented about the need to address fire and ambulance together. He advocated CRFA becoming city employees as of January 1, 2012 and include CRFA in Fire Services Agreement for 4 ½ year duration of Agreement. He called for “specificity” in the Agreement. He acknowledged agreement is a cost plus agreement; a need for a split in the financial risk. He advocated for Carmel Firefighters to be stationed at the Carmel Station for longer than one year. For “specificity,” include fire inspections, two-in, two-out, CalPERS, staff meetings and a more operational agreement “in tone.”

Council Member Burnett commented on policy issues, including better service to the community, response time language, integration of fire and ambulance, Carmel’s choice about fate of CRFA employees, continuity of Carmel Firefighters at Carmel station over time, Carmel control over costs (“cafeteria” style) and labor negotiations, Monterey’s provision of information, City Administrator’s input in Fire Chief performance review, cost plus agreement, fire fuel abatement, emergency preparedness training, Monterey’s unfunded CalPERS liability and leave bank.

Monterey Fire Chief Andrew Miller stated that the council’s issues are “manageable” and you cannot write a contract and micromanage it to the point where you have so much control, that is difficult, but there are things that can be done. This is a matter for further negotiation and discussion with Mr. Stilwell.

Mayor McCloud cited no criticisms and kudos regarding the performance of Monterey over the past few years.

Council Member Talmage expressed concern about the budget process including the total City cost for the operation of the Fire Department.

AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA

2011-10-11T20:34:00.000-07:00

ABSTRACT: The text of the DRAFT AGREEMENT FOR THE PROVISION OF FIRE SERVICE, as presented by Interim City Administrator John Goss at the October 4, 2011 City Council meeting, is embedded, excluding EXHIBITS A-F. Some of the major elements of the Draft Agreement, from the staff report, are outlined. Note: From Exhibit C, Carmel Fire Services Agreement, Budget Projection Model, Fiscal Year 2011/2012 (full year), Personnel Services total $1,610,255, Operating Expenses total $78,022. The GRAND TOTAL is $1,713,828 compared to a proposed 2011/12 Police Department total expenditure of $ 3,069,774.

DRAFT AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES

DRAFT AGREEMENT TO PROVIDE FIRE SERVICES BETWEEN THE CITIES OF MONTEREY AND CARMEL-BY-THE-SEA

TO: MAYOR McCLOUD AND MEMBERS OF THE CITY COUNCIL
FROM: INTERIM CITY ADMINISTRATOR JOHN GOSS
SUBJECT: DRAFT AGREEMENT FOR THE PROVISION OF FIRE SERVICE
DATE: OCTOBER 4, 2011
_____________________________________________
Basic Service. The draft agreement which is attached covers the basic service which will implement Council’s direction on September 13. This includes providing a Fire Captain, Engineer and Firefighter “each and every day” at the Carmel Fire Station. It also provides continuity of staffing, assuring that all current Carmel employees will be assigned to the Carmel fire station for a period of not less than one year. It further provides that Monterey will train all of its fire safety personnel to the unique response characteristics of Carmel. In fact, this has been occurring for some time under the current contract. In addition, the agreement continues to provide that Monterey will provide Chief Fire Officer duty-chief coverage for the management of emergency incidents.

Basically, the agreement will provide fire service in Carmel-by-the-Sea similar to that currently provided. Monterey will also oversee emergency medical services including ambulance response as is currently the case. The agreement will provide administrative services including program planning and management, budgeting, training, procurement, human resource support, and records management.

Term/Termination Clause. One of the questions raised at the September 13, 2011 meeting is whether the “escape clause” in the agreement was sufficient. First, the agreement provides that the agreement would be for four and one-half years, rather than five years. The initial term would be from January 1, 2012 through June 30, 2016, since the agreement will begin in mid-year. It also provides that upon the conclusion of the initial term, the agreement can be automatically extended for five years, unless either party gives written notice in the form of a Council Resolution of its intent to allow the agreement to lapse.

Permitting the agreement to lapse can occur if, no later than the preceding June 30 before the end of the term, written notice is given by either party of its intent to not renew the agreement. In addition, there is a another provision that the agreement can be terminated by either party at any time with 12 months notice in the form of a Council resolution. In either case, Carmel will retain its real property, buildings, equipment and apparatus. It should be noted, that in connection with this last provision (property retention) the City will be responsible for equipment repair, maintenance and replacement as it is now.

Method and Conditions of Payment. The agreement provides that by March 15 each year, a budget projection for the following fiscal year will be provided describing the total expected costs of providing Fire Service. Carmel will then pay 1/12 of that amount each month by the 15th of that month, subject to a penalty for late payment.

At the end of the fiscal year, a final calculation of the actual costs for providing fire service will be determined. If the actual costs are greater than the budget projection, Carmel will pay the difference between the actual and budgeted costs. If the actual costs are less than the budget projection, Monterey shall pay to Carmel the difference between the actual and budgeted costs. An interest rate factor will be applied to these payments starting from the beginning of the following fiscal year. In the case of Pacific Grove, thus far, money has been returned by Monterey at the end of each fiscal year.

Since the proposed agreement is scheduled to begin January 1, 2012, the initial phase of the agreement will be for six months from January 1, 2012 through June 30, 2012. At the end of the initial six month period, the budget will be provided and payments made annually as described above.

Cost of Service. The proposed cost of service on a fiscal year basis calculated by Monterey and submitted earlier this year, was $1,720,396. After further refinement and discussion, the 2011-12 estimate for Monterey Fire Service as reflected in Exhibit C is $1,713,828. The cost for the initial six month term, and the remainder of the 2011-12 fiscal year beginning January 1, 2012, is $873,179 also documented in Exhibit C.

Ambulance Service. Elsewhere on this Council agenda there are three resolutions which will start the process of moving the ambulance service provided by Carmel Regional Fire Ambulance (CRFA) to the City of Carmel effective January 1, 2012. The CRFA employees would become City employees at that time. With the merger with Monterey, the ambulance operation would become a division of the newly merged Fire Department. So even though the ambulance employees will be City employees, operational oversight will be provided by the Monterey Fire Department, as is now the case. In terms of service and operations, there would be no change in ambulance service and operations, even with the Monterey merger and transfer of CRFA employees to the City.

During the initial six-month period of the Fire contract beginning January 1, 2012, additional analysis will be conducted by Monterey, Carmel and CRFA staff regarding the provision of ambulance service to the City. Monterey has agreed to provide interim operational oversight to CRFA at no cost to Carmel upon commencement of the fire service contract. After this initial period, Monterey will administer the ambulance service based on directions given by Carmel-by-the-Sea through a negotiated contract amendment or through an additional contract for service. Carmel-by-the-Sea ambulance will continue the continuity of the pre-contract system and maintain the current staffing level of two paramedic/firefighters, or one paramedic/fighter and one firefighter/EMT, per shift.

It is important that Carmel-by-the-Sea maintain formal continuity of direction and control over the provision of ambulance service in order to preserve their “201” rights in providing this service.

Transfer of Employment. The agreement provides that existing Carmel firefighters will be hired as City of Monterey employees on the effective date of the agreement. This is contingent upon each Carmel fire fighter passing a Monterey pre-employment medical evaluation. (See Exhibit D)

There are only moderate differences in the compensation and benefit packages in the Carmel-by-the-Sea and Monterey compensation and benefits packages; however, the agreement ensures that no Carmel fire fighter will lose any compensation.

Also, there will be no layoffs or demotions of Carmel-by-the-Sea employees. This is because all of the Carmel position classifications are in-line with the Monterey position classifications and the nine Carmel positions of three fire captains, three fire engineers and three firefighters dovetail with the positions and staff assignments used by Monterey.

It should be noted that when Carmel-by-the-Sea fire safety employees become new employees of Monterey, that City (Monterey) will not assume any responsibility for PERS liabilities that these employees incurred during their employment by Carmel-bythe- Sea. This same provision was incorporated in the Pacific Grove and Monterey fire merger agreement.

Labor Agreements. When there is a change in compensation, benefits and working conditions, the California Government Code requires that employers meet and confer with recognized labor organizations. Officers of the affected labor organizations have worked cooperatively with each City to resolve issues concerning any impacts of the proposed agreements. Pertinent to Carmel-by-the-Sea firefighters there will be an agreement with Monterey regarding the initial position classification and related salary step, transfer of accumulated leave balances up to the maximum allowed by Monterey, maintenance of seniority for certain specified benefits, station assignments and vacation selection. It precludes layoff of any incumbent Carmel-by-the-Sea firefighters during the term of the agreement.

Regarding Carmel-by-the-Sea and the Carmel firefighters, an agreement has been reached to amend the current MOU. The term of the existing agreement would be extended from January 1, 2011 to January 1, 2012. The 8.75% salary adjustment scheduled for January 1, 2011 would not be implemented.

Fire Prevention. A service provided by Monterey Fire is to coordinate the planning and development of fire prevention and safety education programs for schools, businesses, community associations, child-care providers and other members of the community. This service will be extended to Carmel-by-the-Sea under this agreement.

Also as part of this service, fire safety inspections of all state-mandated occupancies and fire protection systems within Carmel can be provided as well as the review of all development and building plans to ensure compliance with all applicable fire and life safety codes. All fees collected through this process will be retained by Carmel-by-the-Sea. There has been some interest, however, in retaining the current consultant used to conduct fire inspections and to review building plans from the fire code perspective. Monterey Fire is receptive to continuing the provision of this service. In fact, Monterey uses the same consultant for some of this specialty work. The only stipulation is that the fire inspections and fire code reviews be coordinated with Monterey Fire and under their supervision.

Conclusion. This report touches on some of the highlights of the proposed agreement for fire services. It is based on the agreement developed between Pacific Grove and Monterey. However, certain refinements have been made, which include:

• The proposed draft agreement clarifies that Carmel-by-the-Sea will have all of its buildings and equipment returned at “lapse” of the agreement in addition to exercise of the “termination” clause.

• The proposed draft agreement provides for the payment of interest from the end of the fiscal year in reconciling actual versus budgeted expenditures.

• The proposed draft agreement provides for ongoing discussion of issues related to service, operations, and labor relations at least annually but more frequently as requested by either party.

ADDENDUM:
Exhibit C

Carmel Fire Services Agreement
Budget Projection Model
FY 2011-12 (full year)

SUBTOTAL: Command & Support Staff $185,235
SUBTOTAL: Fire Suppression Staff: $1,121,032
SUBTOTAL: Overtime $147,992
SUBTOTAL: Other Personnel Costs: $155,966
SUBTOTAL: PERSONNEL SERVICES: $1,610,255

SUBTOTAL: OPERATING EXPENSES: $78,022
GRAND SUBTOTAL: $1,688,277

GRAND TOTAL: $1,713,828

FIVE-YEAR USE AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA & FOREST THEATER GUILD FOR THE OUTDOOR FOREST THEATRE

2011-10-11T20:26:00.000-07:00

ABSTRACT: At the 4 October 2011 City Council Meeting, the City Council considered a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year; Staff recommended that a Resolution be adopted to extend the Forest Theater Guild’s lease for the Forest Theater for one year. After council deliberations, Council Member Jason Burnett made a motion to approve a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for three years, seconded by Council Member Paula Hazdovac and carried by a vote of 4-1, Mayor McCloud dissenting. The Forest Theater Guild’s 5-Year Use Agreement of April 2011 is embedded. The Agenda Item Summary, Staff Report and Resolution are reproduced.

FOREST THEATER 5-YR USE AGREEMENT FTG April 2011

FOREST THEATER 5-YR USE AGREEMENT Between the CITY OF CARMEL-BY-THE-SEA AND FOREST THEATER GUILD

Meeting Date: October 4, 2011
Prepared by: John Goss

City Council
Agenda Item Summary

Name: Consideration of a Resolution extending the Forest Theater’s lease of the Forest Theater for one year.

Description: The Forest Theater Guild (FTG) has leased the Forest Theater for many years, presenting a number of live plays and movies each season. At the April 5, 2011 Council meeting, a one-year lease with the Guild for use of the Forest Theater was approved, with the direction to ask Guild to return after the conclusion of the 2011 season with a request for a full lease to 2015. The Council action also gave specific direction on construction time schedules and the performance calendar.

At the conclusion of the 2011 season, on July 29, 2011, the City received a letter from FTG requesting approval of four years of what the Guild considers a normal five-year lease. Action by the Council was requested in order to facilitate the Guild’s planning for the 2012 season. After evaluating FTG’s request for a lease extension to 2015, staff met with members of the Guild’s Board of Directors to discuss some problems
noted during the 2011 season. The Board members present indicated that these issues would be addressed, such as obtaining blanket permits from the Health Department, ABC and the City. Staff was impressed by the efforts of the new Board to better organize FTG and to move the Guild forward.

Overall Cost: None

Staff Recommendation: Staff recommends that a Resolution be adopted to extend the Forest Theater Guild’s lease for the Forest Theater for one year.

Important Considerations: It appears that the focus of the Board is pointed in the right direction; however, to determine if this intent is followed through by appropriate action, it is recommended that the lease be extended by one year rather than four at this time.

Decision Record: None

Reviewed by:

________________________________ _________________
John Goss, Interim City Administrator Date

TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: INTERIM CITY ADMINISTRATOR JOHN GOSS
SUBJECT: CONSIDERATION OF A RESOLUTION EXTENDING THE FOREST THEATER GUILD’S LEASE OF THE FOREST THEATER FOR ONE YEAR

The Forest Theater Guild (FTG) has leased the Forest Theater for a number of years, presenting a number of live plays and movies each season. On July 29, 2011, the City received a letter from FTG requesting approval of four years of what the Guild considers a normal five-year lease. Action by the Council was requested in order to facilitate the Guild’s planning for the 2012 season.

You may recall that a lease extension with the FTG was considered at your April meeting. Council’s action at that time was to enter into a one-year lease with the Guild for use of the Forest Theater, and to ask the Guild to return after the season with a request for a full lease to 2015. The action also gave specific direction on construction time schedules and the performance calendar.

Now that the 2011 season has concluded, and an extension of the lease to 2015 has been proposed, staff has evaluated FTG’s request. After meeting with representatives of the Guild’s Board of Directors, staff was impressed by the efforts of its new Board to better organize FTG and move the Guild forward. Revised By-laws are scheduled to be considered by the Board on October 3, 2011. A Board retreat was held to set the tone and direction for FTG. Fund Builders Alliance was engaged to develop a sustainable financial plan for the Guild.

The Board members at the meeting also expressed a desire to address problems in 2012 that were brought to their attention. These problems include:

• Not consistently obtaining written permission from the City Administrator’s Office for the sale of food or beverages as required by Exhibit “C” of the Forest Theater use agreement. These permits require information regarding the type of food and beverage to be furnished and the name of the responsible person who will provide the food and be responsible for the cleanup.
• Although the FTC has use of the facility for nine weeks, permits were only requested for four nights during the season, and those were for special events. Also, these permit requests did not contain the detail required by the use agreement.
• It appears that ABC licenses were obtained for certain events, but not for other evenings where they were required.
• There is a general impression among staff that FTG is a high maintenance organization regarding requests for staff assistance. Maintenance staff has very limited hours to devote to these requests.

The Board members at the meeting indicated that these issues would be addressed, such as obtaining blanket permits from the Health Department, ABC and the City. It was explained by staff that the permits from the Health Department and ABC can be used as attachments to support the permit required from the City.

It appears that the focus of the Board is pointed in the right direction. To determine if this intent is followed through by appropriate action, however, it is recommended that the lease be extended by one year rather than four. While a lengthy lease may be needed for a capital campaign, most nonprofit organizations normally find a one-year lease is sufficient for operational fund raising.

RECOMMENDATION
It is recommended that a Resolution be adopted extending the Forest Theater Guild’s lease for the Forest Theater for one year.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA EXTENDING THE FOREST THEATER’S LEASE OF THE FOREST THEATER FOR ONE YEAR

WHEREAS, Forest Theater Guild is a performing arts organization in the City; and

WHEREAS, the City owns the Forest Theater facility and property; and

WHEREAS, the City leases the Forest Theater facility and property during a performance season, generally commencing early April and ending in late July; and

WHEREAS, the Forest Theater Guild made a formal request at the completion of its 2011 season for an extended lease agreement for the Forest Theater facility (including the Indoor Theater).

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

1. Authorize a one-year lease extension with the Forest Theater Guild.

2. Authorize depositing fees generated from the Forest Theater Guild lease into the Forest Theater Enterprise Fund – Account #60-40727.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of October 2011, by the following roll call vote:

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

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________
Heidi Burch, City Clerk