Wednesday, December 31, 2008

2008: End of Year Assessment

ABSTRACT: As a year end assessment, five themes are presented with examples for the purpose of illustrating the five themes, as follows:
o Mayoral Abuses of Power
o Four City Council Members who Act As Cabinet Members, as Opposed to Independently Elected Representatives
o Ineffectual City Administrator
o Misallocated Taxpayer Dollars
o Hypocritical and Inconsistent Enforcement
A COMMMENT is made with regard to Carmelites.

FIVE THEMES FOR 2008:
o Mayoral Abuses of Power
• Case of Carmelite Susan Page
Carmelite Susan Page, Mayor Sue McCloud’s neighbor, petitioned the City for removal of her Black Acacia tree due to private safety concerns. Throughout the process, as mayor, Sue McCloud interfered with the process, instigated and/or oversaw the removal of Susan Page’s application to the Forest and Beach Commission several times over months, attempted to prejudice her appeal of the Forest and Beach Commission’s unanimous decision to approve the removal of the Black Acacia tree by highlighting sections on documents which were later copied for City Council Members as part of the City Council Agenda Packet, voided a permit with conditions agreed to by Susan Page and voted by the City Council at the City Council meeting upholding the decision of the Forest and Beach Commission and substituted other language for the conditions voted upon by the City Council.

• Carmel Fire Department Consolidation with the Monterey and Pacific Grove Fire Departments
Mayor Sue McCloud continues to “over control” governmental processes as per 2005 Civil Grand Jury Report Finding; Sue McCloud instigated and/or oversaw the city’s withdrawal from consolidation negotiations in January 2008 for no articulated purpose at the time and disallowed the placement of the consolidation issue on City Council agendas for public hearings for an entire year in order to educate the public and receive input from Carmelites. Only lately has the Public Safety Director finally communicated to Carmelites the options for the future management of the Carmel Fire Department. To wit, it appears the City of Monterey City Manager and Fire Chief are better representing the public safety interests of Carmelites than Mayor Sue McCloud.

• Installation of Speed Hump without Notification of Dolores Street Residents and Public Hearing
Only after Dolores Street residents hired an attorney who threatened the City with a lawsuit alleging misappropriation of funds due to the expenditure of taxpayer dollars for materials and labor without a public hearing and vote of the City Council did the “City” remove the speed hump in March 2008.

o Four City Council Members who Act As Cabinet Members, as Opposed to Independently Elected Representatives
In 2008, the City Council voted unanimously approximately 89% of the time. Mayor Sue McCloud’s “team” concept has had the intended effect of discouraging honest and open discussion and debate about the issues confronting the City of Carmel-by-the-Sea, i.e., Carmel Fire Department consolidation, deposition of the Flanders Mansion property and Scout House, et cetera.

o Ineffectual City Administrator
Again in 2008, City Administrator Rich Guillen displayed a lack of initiative, i.e., waiting for City Council “policy direction;” allowed public assets to remain inaccessible and closed to the public, i.e., Scout House, Flanders Mansion; formulated a budget without adequate funding for essential departments, i.e., Department of Public Works, Forest, Parks and Beach Department.

The City Administrator has failed to fully inform Carmelites at City Council meetings under Announcements from City Administrator, i.e., failure to timely inform Carmelites prior to withdrawing from fire department consolidation negotiations, failure to inform Carmelites about the City’s intentions with regard to the selling or leasing of the Flanders Mansion property, et cetera.

The City Administrator has failed to hire a Community Planning and Building Director and a Public Works Director, after many years without Directors for these two essential departments.

The City Administrator has overseen the understaffing and underfunding of essential departments to the extent that these departments are not functioning as effective departments, i.e., Department of Public Works, particularly with regard to the habitual underfunding of streets maintenance and improvements as per the recommendations of Nichols Consulting Engineers; Forest, Parks and Beach Department, particularly with regard to the lack of maintenance in Mission Trail Nature Preserve, the City’s largest park and the lack of a coherent reforestation program citywide. Furthermore, the understaffing and underfunding of departments has resulted in an overreliance on consultants and a failure to hire full time city employees with a long-term allegiance to the city.

o Misallocated Taxpayer Dollars
Underfunded Departments
• Forest, Parks & Beach Department:
For Fiscal Year 2008/09, $ 499,778 budgeted for the Forest, Parks and Beach Department relative to a total Fiscal Year 2008/09 Budget of $ 14,294,494 (or less than 3% of the total budget). The underfunding and understaffing of Forest, Parks and Beach Department has resulted in the City not implementing significant provisions of the Local Coastal Program and not maintaining all city parks to the same standard of maintenance.

• Department of Public Works
For Fiscal Year 2008/09, $ 1,333,668 budgeted for the Department of Public Works relative to a total Fiscal Year 2008/09 Budget of $ 14,294,494 (or less than 9% of the total budget). The underfunding of Public Works has resulted in the City not meeting the minimum recommendations of consultant Nichols Consulting Engineers for annual street maintenance, et cetera.

• Community Planning and Building Department
The understaffing of the Community Planning and Building Department with competent planners has resulted in the City having to expend taxpayer dollars for consultants to accomplish the General Plan Update, General Plan Housing Element, et cetera, which could be better accomplished by full-time city employees.

Overfunding of SCC & Marketing and Economic Revitalization
For Fiscal Year 2007-08, the City’s subsidy to Sunset Cultural Center, Inc., to manage the city-owned Sunset Center, was $750,000. For Fiscal Year 2008/09, the subsidy is $713,000 and projected to be $680,000 for Fiscal Year 2009-10, according to the City’s Triennial Budget. Compared to other entertainment venues in Carmel-by-the-Sea, Sunset Cultural Center, Inc. receives a disproportionate amount of city revenues.

For Fiscal Year 2008/09 $ 339,030 budgeted for Marketing and Economic Revitalization without tangible evidence the intended purpose of promoting “travel and tourism related businesses” is being realized.

o Hypocritical and Inconsistent Enforcement
• Numerous Lights in the Ocean Av. Medians vs. One Light in the Public Right-of-Way in front of a Residence
Case in Point: A Carmel homeowner was made to remove one light which was in the public right-of-way directly in front of his residential lot per Municipal Code, as follows:
15.36.070 Lighting Requirements B. Residential Buildings/Zones.
3. No exterior lighting is permitted upon City property and may not be directed toward City property.
However, the City of Carmel-by-the-Sea installed numerous lights of the same type as the homeowner in the Ocean Avenue medians without a public hearing and in violation of the Municipal Code, as follows:
15.36.070 Lighting Requirements.
A. Commercial Buildings/Zones.
1. All light fixtures shall not be directed toward the public right-of-way.

City filed a lawsuit against a citizen for allegedly illegally pruning Coast Live Oaks in the public right-of-way vs. City inaction with regard to the tree topping of a Cypress in the public right-of-way in front of a residence by an unlicensed tree pruner and without a permit.
Case in Point: A Carmel homeowner hired a “tree pruner” unlicensed in the City of Carmel-by-the-Sea to top a Cypress tree which is located in the public right-of-way in front of the homeowner’s residence, without a City permit per Municipal Code Section 12.28.060 Permit for Cutting Trees and Shrubs on Public Property. No action was taken against the homeowner.
In contrast, the City filed a lawsuit against a homeowner for hiring a tree service to prune trees in the public right-of-way across the street from the homeowner’s residence. The lawsuit was eventually settled for over $30,000.00.

COMMENT:
• An informed citizenry guided by high ethical and performance standards would not tolerate mayoral abuses of power, four City Council Members acting as Cabinet Members, an ineffectual city administrator, misallocated taxpayer dollars or hypocritical and inconsistent enforcement. That Carmelites have tolerated and at times rationalized and/or accommodated to such unethical and poor performance standards is an indictment of us!

Sunday, December 21, 2008

The Monterey County Herald: “Change

Today, Sunday, December 21, 2008, The Monterey County Herald published The Herald’s View entitled “Editorial: Holiday spirit spurs our list of good wishes.”

Pertinent to the City of Carmel-by-the-Sea is, as follows:

“To the Carmel City Council: Change.”

Thursday, December 18, 2008

Aaron’s "ALL CREATURES GREAT AND SMALL" Christmas Tree, 2008

View of Aaron's 2008 "ALL CREATURES GREAT AND SMALL" Christmas Tree from Serra Trail

View of Aaron’s "ALL CREATURES GREAT AND SMALL" Christmas Tree, 2008
Ornaments with Handwritten Names including Arrow, Bella, Bessie, Bixby, Buffy, Buster, Chew-Chew, Chippee, Coy, Fiona, Freddy, Fritz, Furball and Sharpie, Jake, Jonah, Kristin & Aida, Lexie & Sierra, Lottie, Luke, Mela and Kalikima and Tempe, Oliver, Rosie, Rufus, Santana, Shadow, Smokey, Snoopy, Solo, Spike, Summer and Schuber, Tally, Tank, Taos, Tarzan, Twiggy and Twinkie.

Golden Star, “ALL CREATURES GREAT AND SMALL

To celebrate the Christmas season, animal lovers have again decorated Aaron’s tree in Mission Trail Nature Preserve. For 2008, the theme of Aaron's Christmas tree is "ALL CREATURES GREAT AND SMALL."

Aaron’s “Merry Christmas” Tree, now a four year old redwood tree, is along Serra Trail, around the bend in the trail, about 1/4 mile from the entrance to Mission Trail Nature Preserve at Rio Road.

Canine Christmas Tree History:
Ed and Betty Anderson, of Monterey, planted their 2004 living redwood Christmas tree in Mission Trail Nature Preserve in 2005, as a memorial to their son, Aaron, who died on 21 December 2003, at the age of 31. For that first Christmas season in 2005, the tree was transformed into a magical Canine Christmas Tree. Since Aaron was an animal lover and “spent a lot of time in Mission Trail Park,” Aaron's mother said in December 2005 that she was delighted and thankful for the decorated tree at Christmastime. And Aaron “would have really enjoyed it.”

(Source: Canine Christmas tree is memorial redwood for Monterey couple’s son, Mary Brownfield, The Carmel Pine Cone, December 23, 2005)

MERRY CHRISTMAS TO ALL OUR ANIMAL COMPANIONS!

Close-up View of Ornaments

Close-Up View of Ornaments

Sunday, December 14, 2008

Random Reportings

• Monetary Award to the Carmel Fire Department:
At noon on Thursday, 18 December 2008, the Carmel Fire Department will have an official award presentation announcing an award of $25,302 toward the purchase of firefighting, rescue and medical equipment made available through the Fireman’s Fund Insurance Company Heritage Reward and Paul Bystrowski of Monterey Insurance Agencies at the Carmel Fire Station at Sixth Avenue and San Carlos Street.
(Source: Grant for Carmel Fire Department, The Monterey County Herald, Saturday, December 13, 2008)

• 2009 Two-Week Carmel Bach Festival:
Carmel Bach Festival Executive Director Camille Kolles announced this past week that the 2009 Bach Festival will be shortened from three weeks to two weeks. The Festival will begin on Friday, July 17, 2008 and close Saturday, August 1, 2008. Kolles stated that recent attendance was approximately 70 percent of capacity and “the change enables us, above all, to maintain our high artistic standards while at the same time reducing costs in order to ensure the festival’s future viability and financial stability.”
(Source: GO! Magazine, The Monterey County Herald, Thursday, December 11, 2008)

• Forest Theatre Renovation Timeline:
At the 2 December 2008 City Council meeting, the City Council unanimously approved conceptual plans and a $131,000 contract with RFM Architects for a schematic design. The conceptual plan incorporated public comments, including “a 6-foot-high grape-steak fence like the existing fence surrounding the property, onsite parking, a turnout and handicap parking accessible from Santa Rita Street, use of the existing concrete foundation to install new benches and elimination of the center aisle in favor of two new side aisles, improvement of the existing concessions stand, elimination of the ticket and phone booths, new bathrooms in a single building, elimination of the underground corridor, and no change to the basic dimensions and height of the stage.”

The Schematic Design will take approximately three months, according to a letter from theatre architect Richard F. McCann. And according to City Administrator Rich Guillen, construction would commence by April 2009 and be completed by May 2010 in time for the Forest Theatre’s Centennial.

While City Administrator Rich Guillen stated that “people would have plenty of time to comment on the design as it wends its way through the city approval process,” it appears that the time for public hearings of the Forest and Beach Commission, Planning Commission and City Council were not taken in consideration. To wit, RFM Architects’ Schematic Design for the renovation of the Forest Theatre is expected to be completed in three months or by March 2009. Then, public hearings will ostensibly occur, a competitive bidding process and finally a negotiated contract with the selected company: the entire process could conceivably take months. Ergo, the suggestion made by Executive Director Stephen Moorer of Pacific Repertory Theatre that construction begin “after the curtain drops on the final production in October, which would provide seven months before the start of the spring 2010 season,” is reasonable and prudent, especially in the context of the Forest Theatre not having had major renovations in almost 100 years.
(Source: Architect gets $131,000 for next Forest Theater design phase, MARY BROWNFIELD, The Carmel Pine Cone, December 12, 2008)

Wednesday, December 10, 2008

HIGHLIGHTS of 2 December 2008 City Council Agenda Item: Options For Future Carmel Fire Department Management

ABSTRACT: HIGHLIGHTS of “Receive report and provide policy direction regarding options for future Carmel Fire Department management” is presented, including remarks by Public Safety Director George Rawson and City Manager Fred Meurer, City of Monterey. COMMENTS are made about the conduct of the City Council Members, in particular.

HIGHLIGHTS of “Receive report and provide policy direction regarding options for future Carmel Fire Department management:”

The agenda item, “Receive report and provide policy direction regarding options for future Carmel Fire Department management” was the last item on the agenda. However, at the meeting, this agenda item was placed after IV. Extraordinary Business and prior to V. Announcements from Closed Session, from City Council Members and the City Administrator.

Public Safety Director George Rawson presented the Staff Report. Interestingly, George Rawson stated that the reason the City of Carmel-by-the-Sea withdrew from consolidation negotiations in January 2008 was because of “labor negotiations” and “some other issues.” He presented the three long-term options for the Carmel Fire Department, including Stand Alone, Contract or Joint Powers Authority. At present, staffing levels, equipment and the fire department facility meet the “prerequisites” for future consolidation, he stated.

Highlights of the presentation given by the City Manager of the City of Monterey Fred Meurer included, as follows:
The financial realities of post-2001 and recent financial events make consolidation absolutely essential if fire departments are going to maintain essential services to the public.

Goal is to form a regional fire authority to serve all of the Monterey Peninsula cities. A “step on the longer-term journey” is to go from three fire departments (Monterey, Pacific Grove, Carmel) to one “extraordinary” fire department, consisting of 1 Fire Chief, 1 Deputy Chief and a complement of fire prevention officers including division chiefs as the standard to dodge any lawsuits which naturally come when something goes wrong.

Major stumbling block to consolidation, excess liability carriers have great concerns about us commanding people not working for us. Therefore, we need to have an end date for the interim, intermediate, contract period. Ergo, contract for services is the best option. (End date 28 February 2009)

The City of Monterey is prepared to move forward, prepared to serve if the City Council of Carmel-by-the-Sea decides to contract for fire protection services.

During City Council deliberations, all of the City Council Members expressed support for moving forward with contract negotiations with the City of Monterey for fire protection services except Mayor Sue McCloud.

Concerns expressed by City Council Members about the uniqueness of Carmel-by-the-Sea, i.e., no physical street addresses, were addressed by City Manager Fred Meurer by stating that all of the firefighters would be familiar with Carmel-by-the-Sea and be able to navigate the streets of Carmel-by-the-Sea expeditiously. And Carmel Firefighters would remain at the Carmel Fire Station. In fact, contracting with the City of Monterey would increase Carmel’s comfort level regarding safety, Meurer stated.

NOTE: City Manager Fred Meurer has a proven record of implementing cost effective, mission oriented, consolidation strategies involving the City of Monterey, the Army, Navy, Sand City and most recently the Monterey and Pacific Grove Fire Departments.

COMMENTS:
At the meeting, Public Safety Director George Rawson, Fire Chief Andrew Miller, City Administrator Rich Guillen and City Council Members Paula Hazdovac, Gerard Rose, Karen Sharp and Ken Talmage stated for the record their support for contract negotiations with the City of Monterey for fire protection services. It was conspicuous that Mayor Sue McCloud was noncommittal. It appears, then, that the major stumbling block to consolidation is Mayor Sue McCloud.

Only at the 11th hour did Public Safety Director George Rawson, Fire Chief Andrew Miller, City Administrator Rich Guillen and City Council Members Paula Hazdovac, Gerard Rose, Karen Sharp and Ken Talmage state for the public record their support for contract negotiations with the City of Monterey for fire protection services. Finally, at long last, they placed public safety and the citizens of Carmel-by-the-Sea ahead of the demands of Mayor Sue McCloud.

(Source: Archived Videos, Council Meeting, December 02, 2008, 00:19:30 – 00:51:52)

RELATED ARTICLE: City inches closer to joining Monterey Fire, MARY BROWNFIELD, The Carmel Pine Cone, December 5, 2008, pg. 7A & 9A

Sunday, December 07, 2008

ANNOUNCEMENT: A Blog to Complement The Carmel-by-the-Sea WATCHDOG! entitled A Government Archive for the Citizens of Carmel-by-the-Sea

Today, The Carmel-by-the-Sea WATCHDOG! introduces a new blog to complement The Carmel-by-the-Sea WATCHDOG! entitled A Government Archive for the Citizens of Carmel-by-the-Sea, “of the people, by the people, for the people” of Carmel-by-the-Sea (URL: http://carmelgovarchive.blogspot.com/).

The purpose of A Government Archive for the Citizens of Carmel-by-the-Sea is two-fold:

Provide fast, efficient access to the City of Carmel-by-the-Sea’s Agendas and Minutes, Staff Reports, Resolutions, Ordinances, Agenda Item Summaries, et cetera, of the City Council and Agendas and Minutes of the Commissions and Boards. (Click on a label in the left column or type a keyword in the SEARCH box for all applicable posts)

Provide full text city documents referenced in The Carmel-by-the-Sea WATCHDOG!

Since the City of Carmel-by-the-Sea’s website has a limited capacity for providing past City Council Agenda Packets, A Government Archive for the Citizens of Carmel-by-the-Sea aims to better serve Carmelites by posting City Council Agendas and Minutes, Staff Reports, Resolutions, Ordinances, Agenda Item Summaries, et cetera, and Agendas and Minutes of the Commissions and Boards from January 2008 to the present.

Saturday, December 06, 2008

Carmel Art Association Presents ALL MEMBER SHOWS, “ANNUAL MINIATURE & SMALL PAINTING SHOW,” “MISSION TRAILS” AND “BEST OF SHOW”

Carmel Art Association
“Celebrating 81 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 ALL MEMBER SHOWS, “ANNUAL MINIATURE & SMALL PAINTING SHOW,” “MISSION TRAILS” AND “BEST OF SHOW”

Thursday, December 4 – Tuesday, January 6, 2008
ALL MEMBER SHOW “ANNUAL MINIATURE & SMALL PAINTING SHOW” (Segal Room):
A holiday tradition since 1929, CAA artist members offer small paintings and miniatures for sale, including still life subjects, landscapes, abstracts and more in oil, watercolor, acrylic, and mixed media.

ALL MEMBER SHOW “MISSION TRAILS” (Entry Room):
CAA artists members’ depictions of the California Mission adobes, their gardens and statuary. Works in oil, acrylic, watercolor and mixed media.

Thursday, December 4 – Tuesday, February 3, 2008
ALL MEMBER SHOW “BEST OF SHOW” (Beardsley Room):
CAA artist members present treasured paintings, drawings, prints and sculpture representing some of their best work from the past or present. All are for sale.

NOTE: View Artists' Samples of Artwork and Biographical Information

Holiday Open House - Saturday, December 6, 6:00 – 8:00 P.M.
A festive Holiday Open House kicks off the season and opens the show on December 6. The CAA encourages you to bring a an unwrapped toy to place under the tree for the Salvation Army Toy Drive, and/or non-perishable food items for the Salvation Army Food Basket.

Thursday, December 04, 2008

PROJECTS PROGRESS REPORTS: Storm Drain Improvements & Fourth Avenue Riparian Habitat and Pathway Project

ABSTRACT: An update to the PROJECTS IN PROGRESS: Storm Drain Improvements & Fourth Avenue Riparian Habitat and Pathway Project Post (Friday, November 14, 2008) is presented. Specifically, recent photos of the Storm Drain Improvements for San Antonio Avenue and 8th Avenue Project and the Fourth Avenue Riparian Habitat and Pathway Project are shown. Additionally, a representative photo of the recently completed resurfaced north/south crosswalks on Ocean Avenue is shown; the Ocean Avenue crosswalks project was one of four projects approved by the City Council at their regular meeting of 7 October 2008, awarded to the Don Chapin Company.

View of Storm Drain Improvement Project along San Antonio Av., North of 8th Av.

View of Storm Drain Improvement Project along 8th Av., East of Scenic Rd.

Pond, View from West to East along Fourth Av. between San Antonio Av. & N. Carmelo

Close-Up of Pond from Fourth Av.

View of Another Pond on Fourth Av., between San Antonio Av. & N. Carmelo.

Ocean Av. north/south Crosswalk @ Mission St., View to the North

Wednesday, December 03, 2008

MINUTES” for Three Noteworthy City Council Agenda Items

"MINUTES"
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
December 2, 2008


X. Resolutions
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.


City Administrator, Rich Guillen, presented the staff report.

Mayor McCloud opened the meeting to public comment.

Stephen Moorer, Executive Director of PacRep, Representatives of the Forest Theater Guild and Children’s Experimental Theatre and Residents of Carmel, including Carolyn Hardy addressed Council. Concerns about the construction period were expressed; specifically the desire to have construction accomplished during the months of Fall 2008-Winter 2009.

Mayor McCloud closed the meeting to public comment.

Council Member ROSE moved approval of a Resolution entering into an agreement with RMF Architects for architectural services in an amount of $131,000, seconded by Council Member HAZDOVAC and carried by the following roll call:

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

C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.

Public Safety Director, George Rawson , presented the staff report. The expenditure is the “status quo.”

Mayor McCloud opened the meeting to public comment.

No public comments.

Mayor McCloud closed the meeting to public comment.

Council Member ROSE moved adoption of a Resolution entering into an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services, seconded by Council Member TALMAGE and carried by the following roll call:

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

XI. Orders of Council
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.


This Agenda Item was not presented at the City Council Meeting as scheduled on the Agenda. Instead, this Agenda Item was presented under IV. Extraordinary Business.

Pulbic Safety Director George Rawson presented the Staff Report.

City Manager of the City of Monterey Fred Meurer and Monterey Fire Chief Sam Mazza addressed the public at the meeting. City Manager Fred Meurer presented a history of fire departments consolidation, excess liaibility carriers concerns, financial realities and finally his commitment to provide fire department services to the City of Carmel-by-the-Sea by consolidating what had once been three fire departments into one "extraordinary" fire department, if the City Council should decide to commit to consolidation.

Interestingly, during deliberations of the City Council, all City Council Members articulated their endorsement of moving forward with the contract option with the City of Monterey, all except Mayor Sue McCloud.

(Source: Archived Videos, Regular City Council Meeting, December 2, 2008)

Tuesday, December 02, 2008

Three Noteworthy 2 December 2008 City Council Agenda Items

ABSTRACT: Three noteworthy 2 December 2008 City Council Agenda items, namely a status report on the Forest Theater Renovation and agreement with RFM Architects for architectural services in an amount of $131,000, a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services and Order of Council regarding options for future Carmel Fire Department management, are featured. A SYNOPSIS, consisting of selected excerpts from each Agenda Item Summary and/or Staff Report, is presented for each agenda item. COMMENTS are made on all agenda items.

CITY OF CARMEL-BY-THE-SEA
City Council Agenda
Regular Meeting
Tuesday, December 2, 2008


X. Resolutions
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.


SYNOPSIS:
Description: A revised conceptual plan was prepared by RFM Architects for review. Staff will present the revised plan and ask for the City Council to approve the plan in concept. Upon obtaining this approval, staff recommends entering into an agreement with RFM Architects to commence the schematic design phase.

Overall Cost:
City Funds: Total: $131,000
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: RFM Architects completed the conceptual plan under the initial direction of the Forest Theater Foundation. Subsequently, based on the public meeting, RFM Architects revised the conceptual plan under the direction of City staff. Their familiarity with the project provides continuity for moving into the next design phase.

Decision Record: A public meeting was held on June 19, 2008 at the Forest Theater site to receive input on the proposed renovation.

COMMENTS:
RMF Architects prepared a “revised conceptual plan” that incorporated the public comments received at the June 19, 2008 City Council meeting. Hence, the "schematic design proposal" submitted by RFM Architects incorporates the following as part of the renovation:

1. Site Planning that includes perimeter fencing, on-site parking, vehicle and pedestrian access, and infrastructure upgrades to the site utilities;

2. Provides for pathways to accommodate ADA slope requirements for audience access to pre-event areas, toilet and concession facilities, audience seating, etc.;

3. Removes the existing center aisle through the audience seating and creates quarter aisles including addressing bench seating for patron comfort;

4. Plans and designs audience amenities including new toilet facilities, concessions, and site for ticket sales;

5. Designs theater equipment and operating facilities for Theater productions;

6. Includes other professional review of the renovation planning such as a surveyor, a civil engineer, a landscape architect, a structural engineer and an electrical engineer.

The estimated time to complete the schematic design is three months, according to the Staff Report.

As part of the City’s Capital Improvement Fiscal Year 2008/09 Budget, the City budgeted $65,000 for “Forest Theater Master Plan-Design Work." Ergo, for the proposed total of $131,000, the City proposes a transfer of $66,000 from the Capital Improvement Reserve Fund to fund “the difference between the cost estimate and the budgeted amount,” an amount greater than the original budgeted amount of $65,000.


X. Resolutions
C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.


SYNOPSIS:
Description: As a result of the merger between the Pacific Grove and Monterey fire departments, the existing fire services agreement between the cities of Pacific Grove and Carmel will terminate on December 16, 2008. The City of Monterey has proposed an interim fire services agreement to offer continuity of administrative services and Division Chief (Duty Chief) coverage to Carmel. The City Administrator requests approval of the draft interim agreement.

Overall Cost:
City Funds: $ 11,250 per calendar month (funds are appropriated in the Fire Department FY 08-09 budget to cover this expense).
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution to allow the Monterey Fire Department to provide administrative and Division Chief services formerly provided by the Pacific Grove Fire Department to the City of Carmel-by-the-Sea.

Important Considerations: This fire services agreement will continue to preserve the quality of the firefighting system and the activities associated with effective fire protection. Approval of this agreement will provide staff additional time to further study and recommend the best option for future long-term administrative and Division Chief services.

Decision Record: Resolution 2008-32, authorizing execution of a fire services agreement with City of Pacific Grove to provide fire administrative services.

COMMENT:
An Important Consideration is “approval of this agreement will provide staff additional time to further study and recommend the best option for future long-term administrative and Division Chief services.” Since formally withdrawing from consolidation negotiations with the Cities of Monterey and Pacific Grove in January 2008, the Staff has had one year to “study” and “recommend the best option" for future fire protection services. That the staff does not have a “best option” implemented by December 2008 speaks to the fact that the City of Carmel-by-the-Sea is a poorly managed city.


XI. Orders of Council
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.


SYNOPSIS:
Description: Staff is seeking City Council direction regarding which options to pursue regarding the future management of the Carmel Fire Department. Staff has prepared a report containing three options and preliminary findings/comments concerning each option. Staff recommends the option of “contracting” as the preferred option to pursue.

Overall Cost:
City Funds: $2.9-$3.1 million – detailed costs to be determined pending final Council policy direction.

Staff Recommendation: Staff is requesting that City Council review the options contained in the staff report and provide policy direction. Staff recommends contracting as the next best step to managing the Fire Department.

Important Considerations: Staff will diligently work towards the preparation of a report for final City Council action in early 2009.

Decision Record: At its meeting of October 2, 2007, City Council provided policy direction authorizing Carmel to participate in a joint study with Monterey and Pacific Grove concerning fire department consolidation.

“Assuming City Council approves the proposed Monterey contract at its meeting of December 2, 2008, the Monterey Fire Department will begin to provide fire administrative services to Carmel commencing on December 16, 2008, through February 28, 2009. Because time is critical, the City of Carmel-by-the-Sea must finalize its study of options for future long-term fire management services and approve a new agreement in sufficient time to become effective on or before February 28, 2009,”according to the Staff Report prepared by Public Safety Director George E. Rawson.

Options include, as follows:
1. Full Service – Stand-Alone Fire Department: This option is very expensive and is not Recommended

2. Contracting: This option is the most logical and will probably be the most economical.

3. Joint Powers Authority (Merger/Consolidation): Establishing a Joint Powers Authority (JPA) to govern a merger of fire services is a possibility, but such anundertaking is contingent on with which agency Carmel ultimately merges. The committee believes the JPA option may be more expensive than contracting due to staffing needs that are similar to Option #1 (Stand-Alone).

FISCAL IMPACT:
$2.9-$3.1 million – detailed costs to be determined pending final Council policy direction.

EXHIBIT “A”
PRELIMINARY ANALYSIS
CARMEL FIRE DEPARTMENT ALTERNATIVES

STAND-ALONE
Pros
Local control
Promotional opportunities
Local knowledge (streets, hydrants, lack of addresses, etc.)
Productivity potential and increased oversight

Cons
Very costly!
Retention
Difficulty in recruiting

CONTRACT
Pros
Admin. team/shared costs
Improved staffing & infrastructure of resources
Workers’ comp liability reduced
HR responsibilities reduced
Preserves local knowledge
Favorably disproportionate share of costs

Con
Relinquish control of personnel costs

MERGER/JPA
Pros
Better control of salary
Local knowledge
Shared HR duties and responsibilities
Distribution of operational costs
Shared workers’ comp
Risk management liability exposure

Cons
Marginal return on investment
Need to hire more staff (Duty Chiefs and other admin. staff)
Partnering with agencies with uncertain financial status
Risk management liability exposure

COMMENT:
The City of Carmel-by-the-Sea was not acting in the best interests of Carmelites when the city prematurely withdrew from consolidation negotiations with the Cities of Monterey and Pacific Grove in January 2008. Moreover, the Carmel Professional Firefighters remain steadfast in their support of consolidation with the Monterey and Pacific Fire Departments. Ergo, consolidation or “contract” was always and obviously the “best option” for fire protection services for the citizens of Carmel-by-the-Sea.

(Sources:
City Council Agenda December 2008 and
City Council Agenda Packet December 2008)

Monday, December 01, 2008

WARNING: Theobromine Toxic to Our Animal Companions

BACKGROUND: There have been anecdotal reports of dogs ingesting Cocoa Mulch, a garden soil enhancement and weed control product sold at garden supply stores, and within 24 hours suffering seizures and death.

Cocoa Mulch, manufactured by Hershey’s, smells like chocolate and attracts some dogs and cats. It contains theobromine, a chemical in chocolate, which is toxic to dogs. Theobromine affects the heart, central nervous system, and kidneys, causing nausea and vomiting, restlessness, diarrhea, muscle tremors and increased urination. Cardiac arrhythmia and seizures are symptoms of more advanced poisoning. Other than inducing vomiting, veterinarians have no treatment or antidote for throbromine poisoning. Death can occur in 12 to 24 hours.

In an article in the Journal of the American Veterinary Medical Association in 1984, authors Arendt and Stowe wrote, as follows:

Cacao bean shells contain potentially toxic quantities of theobromine, a xanthine compound similar in effects to caffeine and theophylline. A dog, which ingested a lethal quantity of garden mulch made from cacao bean shells, developed severe convulsions and died 17 hours later. Analysis of the stomach contents and the ingested cacao bean shells revealed the presence of lethal amounts of theobromine.
(Source: J Am Vet Med Assoc. 1984 Oct 15;185(8):902, Drolet R, Arendt TD, Stowe CM.)

CONCLUSION:
Based on anecdotal reports of death resulting from the ingestion of lethal amounts of Cocoa Mulch, it is recommended that companion animal owners use other mulch products devoid of theobromine and caffeine for landscaping purposes.

RELATED LINKS:
PET OWNERS - - COCOA MULCH WARNING!!

Cocoa Bean Mulch
Cocoa Bean Mulch As A Cause Of Methylxanthine Toxicosis In Dogs by S. Hansen, H. Trammell, E. Dunayer, S. Gwaltney, D. Farbman, and S. Khan


Danger to dogs from cocoa bean mulch put in perspective

CREDIT: Alert about Cocoa Mulch and Theobromine provided by a concerned Carmelite.

Monday, November 17, 2008

A List of “Poor Governance” Examples (2000-2008)

ABSTRACT: A List of “Poor Governance” examples over the last eight years under the mayorship of Sue McCloud is presented; the List is organized with concrete examples arranged in categories. Categories include “Closed Government,” Centralized Government in Mayor and City Administrator, Lack of Timely Public Hearings on Important Public Issues, Closed and Inaccessible Public Buildings & Underutilized Public Assets, Lack of Investment in Critical Infrastructure and Natural Resources/Unimplemented Consultants’ Studies Recommendations, Failure to Timely Fund and Implement General Plan/Coastal Land Use Plan Policies, Imprudent City Finance Policy Involving Reserve Funds & Deferred Maintenance and Abysmal Stewardship of Natural Resources. The List is intended to empower those Carmelites considering running for elective office in the City of Carmel-by-the-Sea in 2010, especially Carmelites willing to articulate a new vision and direction for Carmel-by-the-Sea; a vision about “open government,” investment in infrastructure and natural resources and making our government accountable to Carmelites.

City of Carmel-by-the-Sea “Poor Governance” List

“Closed Government:”
Per the 2005 Monterey County Civil Grand Jury Final Report on Open Government, the mayor continues to “over-control” the City; as Finding 7 stated, “Over-control of this process by mayors is not in the public interest.”

Per the 2005 Monterey County Civil Grand Jury Final Report on Open Government, too often public comment queries are not followed up in a routine, clear and regular manner.

As the Grand Jury Report stated, “Whether or not the public interest is being subverted through any covert process may be immaterial if the public has the perception their interests are not represented and outcomes are predetermined.” Yet still today, the City has failed to recognize and acknowledge “public perception” and therefore has not done anything to address this significant issue.

Use of Ad Hoc Committees, which are not subject to the Ralph M. Brown Act (Open Meetings Law), to prevent public input into the decision-making process regarding the installation of Sunset Cultural Center, Inc. (SCC) as the non-profit organization to manage the City-owned Sunset Center.


Centralized Government in Mayor and City Administrator:
Failure of the City to hire a Community Planning and Building Director and Public Works Director has resulted in ineffective and incompetent micromanagement of these departments by the City Administrator and Mayor.

Failure to use the City’s Local Coastal Program (LCP) as an effective management tool; instead, the City’s LCP is too often exploited as a campaign prop for reelection purposes.

Overreliance on consultants with no “institutional memory;” under reliance on city employees with “institutional memory.” For example, a staff of full-time city planners could revise and update the City’s General Plan as required more effectively, efficiently and in a less costly manner than consultants.

City employees with the requisite experience and knowledge fail to respond directly to queries via email; instead, too often the City Administrator intervenes and is unresponsive.

Overemphasis and overfunding for “economic revitalization,” including marketing and tourist promotion, and Sunset Cultural Center, Inc. (SCC).

Pursuit of myopic, personal agendas at the expense of what is in the best interests of Carmelites and the City of Carmel-by-the-Sea, as “primarily, a residential City.”


Lack of Timely Public Hearings on Important Public Issues:
2007 Citygate Associates Fire Department Consolidation Feasibility Analysis for the Cities of Monterey and Pacific Grove and Carmel; the City has yet to place this critical public safety issue on a City Agenda for a public hearing.

2007 Richard McCann’s Forest Theatre, Forest Theater Foundation Pre-Design Study; after completion of the Study, the City delayed a year prior to scheduling a public hearing on a City Council agenda and has yet to communicate to Carmelites a timetable for public hearings regarding the Schematic Design, even though $65,000 has been budgeted for the Schematic Design in Fiscal Year 2008/09.

Status of the Flanders Mansion, a National Register of Historic Places resource: the City has yet to place Flanders Mansion on a City Agenda since contracting with Denise Duffy & Associates to revise the Environmental Impact Report, funding an Economic Feasibility Study and expending taxpayer dollars for ongoing attorney fees.


Closed and Inaccessible Public Buildings & Underutilized Public Assets:
Scout House: Formerly a Community Center, the City closed the Scout House years ago and has failed to fund and implement a plan to re-open the Scout House to new and historic users.

Public Works Building: The City closed the Public Works Building to the public years ago, but maintains offices for the City Forester, et cetera, and has failed to fund and implement a plan to re-open the building to the public.

Flanders Mansion: After violating State and Municipal laws, contracting with Denise Duffy & Associates to revise the Environmental Impact Report, funding an Economic Feasibility Study and expending taxpayer dollars for ongoing attorney fees, the City has yet to place the Flanders Mansion on a City Agenda for a public hearing.

Rio Park: The intentions of the City with regard to Rio Park are unknown; it continues to be an underutilized City park.

Harrison Memorial Library: The City has yet to restore operating hours on Sundays.


Lack of Investment in Critical Infrastructure & Natural Resources/Unimplemented Consultants’ Studies Recommendations:
2007 Pavement Management and Truck Impact Fee Study
NICHOLS CONSULTING ENGINEERS, CHTD.:
Unimplemented recommendation for increasing funding for Carmel-by-the-Sea’s streets to at least $660,000/year.
Failure to use the Study to systematically prioritize streets projects based on PCI (pavement condition index) values.

Barrie D. Coate and Associates’ 2007 Arboricultural Analysis and Advisory Services for the City of Carmel’s Forest:
Failure to establish, fund and implement a long-term program for Carmel’s forest, including an inventory and evaluation of the current forest and, most importantly, an “ongoing, long-term commitment by the city to fund each part of the program.”


Failure to Timely Fund and Implement General Plan/Coastal Land Use Plan Policies:
Even though the City’s Local Coastal Program (LCP) was certified in 2004 and states that the City must “provide restroom facilities consistent with the volume of people who use the beach and Beach Bluff Pathway,” the City Council only recently approved “design plans only” for a second permanent restroom facility at Scenic Road and Santa Lucia Avenue at the September 9, 2008 City Council meeting.


Imprudent City Finance Policy Involving Reserve Funds & Deferred Maintenance:
With each successive year, the City has added taxpayer dollars to Reserve Funds while deferred maintenance continues to grow with each successive year. For informational purposes, the City’s estimated 7/1/08 Total Reserve Balance is $10,344,540, of which $5,703,694 (or 55% of the total Reserve Balance) represent reserves NOT based on the Municipal Code, City policy, or trust agreement provisions. Furthermore, while the convention is reserve funds to annual budget of about 15%, the City of Carmel-by-the-Sea has a total reserve balance to total budget of 74% (Fiscal Year 2007/08).


Abysmal Stewardship of Natural Resources:
Failure to adequately fund the Forest, Parks and Beach Department; including failure to fully fund and implement the Goals, Objectives and Policies of the City’s General Plan/Coastal Land Use Plan, ex. Del Mar and North Dunes Master Plan, Mission Trail Nature Preserve Master Plan, Shoreline Management Plan, et cetera.

Saturday, November 15, 2008

COMMENTARY: A Model of Poor Governance

For the past eight years, since the election of Sue McCloud as mayor of the City of Carmel-by-the-Sea and her appointment of Rich Guillen as City Administrator, the overall governance of the city has been poor. Redefining public service as a mockery of the ideals of public service, from government of the people, by the people, and for the people, to government of, by and for Sue McCloud, Carmelites have an unresponsive government which has not met and continues not to meet the basic requirements of an open and competently managed local government.

For purposes of illustration, three conceptualizations are presented, as follows:

I. Closed and Inaccessible Public Buildings
For years and years now, without any communications from the City to the public regarding plans to open closed and inaccessible public buildings to the public, the Public Works building and the Scout House, a community center, remain closed and inaccessible to the public. And, Harrison Memorial Library remains closed on Sundays.

II. Extended Time Periods between Inception and Completion of Projects
Years and years elapse between the inception and completion of projects. For example, a City Council voted to sell the Flanders Mansion property in 2005. After a court challenge and recent expenditures of taxpayer dollars for a revision of the Environmental Impact Report, an Economic Feasibility Analysis and attorney fees, the City has yet to articulate to the public a timetable for public hearings and intentions with regard to the leasing or selling of the Flanders Mansion property. Another example, after a City Council voted to remove 32 eucalyptus trees along Fourth Avenue in 2002, the City has only recently contracted with a contractor to complete the Fourth Avenue Riparian Habitat Restoration Project, which is expected to be completed in early 2009, seven years later.

III. Unimplemented Consultants’ Studies Recommendations
Over the years, many taxpayer funded consultants’ studies have been completed, only to languish without implementation of their recommendations. Recent examples include the Pavement Management Study and the Forest Studies.

In closing, all of the aforementioned examples demonstrate Mayor Sue McCloud’s and City Administrator Rich Guillen’s failure to understand an essential truth about public service. And that is, public servants must earn the public’s trust with every word and every deed, every day. Sadly for Carmelites, after eight years, Mayor Sue McCloud and City Administrator Rich Guillen continue to demonstrate their failure to understand that essential truth about public service and we are all the poorer for it.

Friday, November 14, 2008

PROJECTS IN PROGRESS: Storm Drain Improvements & Fourth Avenue Riparian Habitat and Pathway Project

ABSTRACT: Two PROJECTS IN PROGRESS are presented, namely the Storm Drain Improvements for San Antonio Avenue and 8th Avenue Project and the Fourth Avenue Riparian Habitat and Pathway Project. Recent photos of the projects in progress are shown. A SYNOPSIS for each Project is presented and links to Sources are provided.

Storm Drain Improvements for San Antonio Avenue and 8th Avenue Project:
Storm Drain Improvements In Progress, N/s 8th Av., View from San Antonio Av. to Scenic Rd.

Storm Drain Improvements In Progress, W/s San Antionio Av., View from 8th Av. to the north

View of Storm Drains

SYNOPSIS:
As part of the FY 2008/09 Annual Budget, Capital Improvement Program, the City Council approved funding for “Storm Drain Improvements at San Antonio Avenue and 8th Avenue.” The project consists of “the replacement of storm drain pipes, manholes, catch basins and associated pavement patching and reconstruction,” as follows:

Project: STORM DRAIN IMPROVEMENTS, San Antonio Ave. & Eighth Avenue:
Furnish and Install 18" HDPE Storm Drain
Furnish and Install 24" HDPE Storm Drain
Remove Existing 15" & 18" CMP Storm Drain
Sawcut & Remove Portion of Drainage Channel
Construct Catch Basin
Construct Storm Drain Manhole
Connect to Existing Drainage Inlet
Sawcut & Reconstruct Pavement Area

The City received ten bids ranging from a low of $95,760 to a high of $221,726. The lowest responsible bidder on the project was James Sommerville, Incorporated.

At the City Council Meeting on November 4, 2008, the Resolution awarding the bid for the Storm Drain Improvements for San Antonio and 8th Avenues to James Sommerville, Inc. in the amount of $95,760, and authorize a 10% contingency cost of $9,576 was unanimously approved by the City Council with no discussion.

In sum, the project will “improve the street drainage” and “eliminate the possibility of storm drain failure.”

(Sources: City Council Agenda Item Summary and STAFF REPORT and Archived Videos, Regular City Council Meeting, November 4, 2008)

Fourth Avenue Riparian Habitat and Pathway Project:
Fourth Avenue Riparian Habitat and Pathway Project In Progress, S/s 4th Av, View from Carmelo to San Antonio Av.

Fourth Avenue Riparian Habitat and Pathway Project In Progress, View of 4th Av. from Carmelo to Monte Verde St.

Fourth Avenue Riparian Habitat and Pathway Project In Progress, Close-Up of Site of Small Pond on S/s 4th Av. between San Antonio Av. and Carmelo.

SYNOPSIS:
The City accepted a grant from the State of California for restoration of a riparian habitat along the south side of Fourth Avenue between Monte Verde Street and San Antonio Avenue as a follow up to the removal of 32 large eucalyptus trees in 2002. The project includes: a pedestrian path; native riparian landscaping; several pools in the storm drain to slow flow velocity; and drainage pipes to percolate storm water back into the soil. Three bids were received by the City; the lowest bid was $280,661.56 and the highest bid was $815,000.00.

The City received a grant from the State of California in the total amount of $373,000 to commence the project. The grant funds are received upon completion of the project. This requires the expenditure of $170,000 in funds allocated in the FY 2008-09 Capital Improvement Budget.

At a Special City Council Meeting on August 19, 2008, the City Council approved a Resolution awarding a contract to Green Valley Landscaping in the amount of $280,661.56 and authorizing a 20% contingency of $56,133 for construction of the Fourth Avenue Riparian Habitat Restoration Project.

In sum, “this project will enhance the natural environment and street aesthetics along Fourth Avenue and will improve pedestrian safety, and connect wildlife corridors within the City.”

Lastly, the contractor has 90 working days to complete the Project, according to City Administrator Rich Guillen's Status Report on the Fourth Avenue Riparian Habitat and Pathway Project at the City Council Meeting on November 4, 2008.

(Sources: City Council Agenda Item Summary and STAFF REPORT and Archived Videos, Special City Council Meeting, August 19, 2008)

ADDENDUM:
Status of Grant-funded Projects
Carmel-by-the-Sea
1st Quarter, FY08-09: June through September

Project in progress: Fourth Avenue Riparian Habitat and Pathway

Description and Status:
Phase I (tree removal) completed. Final design plans and construction drawings are complete. Construction contract has been awarded and work is expected to begin soon.

Funding Source and Budget Amount:
Riparian and Riverine Habitat Grant, CA Parks and Recreation Dept: $373,000
City match: $415,000

Project Period: July 2002 to June 2010

(Source: City Council Packet November 2008)

RELATED ARTICLE:
Six years after trees fell, Fourth Avenue facelift finally under way, MARY BROWNFIELD, The Carmel Pine Cone, November 14, 2008, page 5A.

Sunday, November 09, 2008

Non-Native, Invasive Ice Plant Abound on the Slopes of Carmel Beach

ABSTRACT: Ice plant (Carpobrotus edulis) is a succulent native to South Africa; it has become an invasive species and a threat to native vegetation. It abounds on the slopes of Carmel Beach, west of the Carmel Beach Bluff Pathway. Photos of Iceplant are shown. Information about Iceplant with links is presented. A COMMENT is made with regard to Ice Plant and other native species which can be planted for stabilization of the Carmel Beach slopes. REFERENCES including relevant sections dealing with non-native invasive vegetation from the General Plan/Coastal Land Use Plan Coastal Resource Management Element and a link to native groundcovers is provided.

Ice Plant along Slope of Carmel Beach, west of Carmel Beach Bluff Pathway

More Ice Plant along Carmel Beach Slope, west of Carmel Beach Bluff Pathway

Close-Up of Ice Plant, west of Carmel Beach Bluff Pathway, on a Slope of Carmel Beach

Iceplant
The California Exotic Pest Plant Council

List A-1: Most Invasive Wildland Pest Plants; Widespread
Latin Name: Carpobrotus edulis
Common Name: iceplant, sea fig
Habitats of Concern and Other Comments: Many coastal communities, esp. dunes
Distribution: SCo,CCo,NCo,SnFrB (CCo=Central Coast)

Ice plant (Carpobrotus edulis) is a succulent native to South Africa, but common in chaparral habitats around the world. Though it was once grown in California, Australia, the Mediterranean, and similar areas as a decorative plant, it has become an invasive species and a threat to native vegetation. Ice plant is hardy and quick to reproduce, easily growing into a thick ground cover that chokes out other plant life and depletes soil nutrients. The only reliable way to control ice plant is to uproot it physically.

Ice plant is attractive, with fleshy green leaves covered with small fibers, causing them to sparkle like ice in the sun. It also features bright yellow, pink, or white flowers and edible fruit that is made into jam in South Africa. The leaves sometimes turn red or yellow. Ice plant was first introduced to California in the early 20th century, when it was used to stabilize soil along railroad tracks. It also became a popular garden plant, and some continue to grow it for decorative purposes today.

Despite the beauty of ice plant, it has become an ecological nuisance in California and other areas in which it is not native. Ice plant has proliferated along California highways to the detriment of many native species. Ice plant dominates the areas where it grows, resulting in very low biodiversity and depriving other species of the resources they need to grow, such as soil and space. Ice plants reproduce both through fruit, which is produced year round, and through segmentation, meaning that any shoot can put down roots. A single shoot of ice plant can grow three feet (about one meter) in a year.

Ice Plant, Sea Fig
Carpobrotus chilensis
Fig-marigold family


What makes it a "BAD" plant?
It excludes native dune mat vegetation.
It displaces three (CNPS List 1B) sensitive plant species: beach layia (Layia carnosa) [also federally listed as endangered], Wolf's evening primrose (Oenothera wolfii) and pink sand verbena (Abronia umbellata ssp. brevifolia).
It stabilizes sand, preventing its natural movement which most native dune species need to survive.
Iceplant/sea fig has the capability of growing over entire beaches.

Invasive Species
America's Least Wanted

When a plant or animal is introduced to a non-native area—where its presence is not "natural"— the effects are often devastating to the ecosystem. The balance is upset, and without its natural predators the non-native species may "out-compete" the native species. The native plants and animals, business, agriculture, and recreational activities may be negatively impacted.

COMMENT:
While Ice Plant is known to stabilize sand and slopes, Ice Plant is a threat to native species as it out-competes native species. Consequently, an advantageous goal of the City would be to develop and implement a plan over time to eradicate Ice Plant growing and spreading on the slopes of Carmel Beach; there are other native plant species which can be planted for the purpose of stabilization of the Carmel Beach slopes. (see REFERENCES Some of the California native plants that can be used as less than a foot high groundcover.)

REFERENCES:
General Plan/Coastal Land Use Plan Coastal Resource Management Element

Selected relevant excerpts, as follows:

Tidestrom’s lupine can be found in and near the dune scrub habitat in the north dunes at Carmel Beach… The species is seriously threatened by coastal development, trampling, and competition from invasive, non-native plants…While the local population appears viable the habitat conditions for Tidestrom’s lupine is degraded from public use and the spread of invasive non-native species

Frequent human use of the area and encroachment of non-native species such as ice plant reduce the area’s value for legless lizard.

Avoid planting and control the spread of invasive, non-native plants.

P5-29 Prohibit planting and control the spread of invasive non-native plants. (LUP)

P5-159 Remove any non-native, invasive vegetation from sensitive habitats. (LUP)

P5-175 Remove any non-native invasive vegetation from special status habitat to eliminate competition and implement a dune restoration plan. (LUP)

P5-177 Minimize spread of non-native plants. (LUP)

Some of the California native plants that can be used as less than a foot high groundcover.

Saturday, November 08, 2008

Benefits of Pervious Concrete Pavement & Permeable Pavers

ABSTRACT: In Fiscal Year 2007/08, the City expended $21,727.15 for pervious concrete and permeable pavers as part of the “Forest Study Implementation Project.” The total revised budgeted amount for the “Forest Study Implementation Project” was $50,000.00. Photos of the installed pervious concrete pavement and permeable pavers are shown. Information about pervious concrete pavement and permeable pavers is presented. COMMENTS are made with regard to the dual purpose benefit of pervious concrete pavement and permeable pavers; the cumulative surface area covered by the pervious concrete pavement and permeable pavers; the monetary amount expended relative to the total budgeted amount for the “Forest Study Implementation Project;” and a future plan to implement fully the recommendations of the "Forest Study." REFERENCES are presented.

Pervious Concrete Pavement
Along Lincoln St., east side, south of Ocean Av.

Close-Up of Pervious Concrete Pavement
Lincoln St. & Ocean Av., S.E. Corner

Permeable Pavers
E/s Lincoln St., between 5th Av. & 6th Av., mid-block next to "landmark" Eucalyptus Tree

Close-Up of Permeable Pavers
E/s Lincoln St., between 5th Av. & 6th Av.

INFORMATION ABOUT PERVIOUS CONCRETE PAVEMENT & PERMEABLE PAVERS
Pervious concrete pavement

Pervious concrete pavement is a unique cement-based product whose porous structure permits a free passage of water through the pavement into the soil without compromising the pavement’s durability or integrity. This concrete also goes by other names including “permeable” and “enhanced porosity.”

As a generic material, all have been recognized by the U.S. Environmental Protection Agency as a storm water pollution prevention (SWPP) Best Management Practice device.
Pervious Concrete is a zero-slump, no-fines, open-graded material consisting of Portland cement, coarse aggregate, admixtures, and water. The combination of these materials will produce a product that will allow water to pass through it. The void structure is normally between 18-to 25%. Compressive strength designs are in the range of 3000 to 4000 psi.

What Are Permeable Pavers?
Permeable Pavers are a paving alternative to more traditional types of hardscape flooring materials, where water is allowed to filtrate through the surface to the underlying soils. Traditional pavers do not allow much water to infiltrate particularly if they are mortared in place, water would normally hit the surface and then flow down to the nearest drainage channel, and become stormwater runoff.
If we use Permeable Pavers we will be preserving the quality of our water, and also increasing the quantity of good quality water. Stormwater brings with it pollutants, chemicals, fertilizers, sediment and oils, destroying the quality of water flowing into the catchment areas. Permeable pavers permit rain water to be absorbed by the ground underneath, while still managing to provide a stable enough surface for vehicles.

The Advantages of Using Permeable Pavers
Increase in water quality
Increase in quantity of quality water
Reduce installation costs of drainage system
Reduces stormwater runoff
Reduces flooding
Reduces erosion caused by flooding
Preserves our stream beds and river banks

THE BENEFITS OF PERMEABLE PAVERS
Environmental Benefits
Permeable Pavers can help preserve our environment and the most precious resource of all, water. We can’t live without water, and what permeable pavers do is help protect the quality of our water supplies. They reduce the amount of stormwater runoff entering our natural waterways and carrying with it contaminants and pollutants. So, the water is allowed to naturally drain into the surface through the voids in the permeable pavers. This promotes the infiltration of rainwater and also helps to recharge the groundwater.

Another environmental benefit is that applying Permeable Pavers means less stormwater runoff, which means that our streams and river beds are less likely to flood as often. This also means that there will be a reduction in the rate of the erosion of river banks and stream beds.

Economical Benefits
There is a lot of money saved when using Permeable Pavers, particularly in the installation and construction phases. Contractors and builders will save money on drainage systems and retention systems. Installing permeable pavers means that you are installing a self drainage system at the same time. You can also save on expensive compliance regulations. Not only will the contractors and builders save but so will their customers.

So, there is money saved on actual parts and systems, but there is also money saved on time taken to complete installation. Because a Permeable paving system kills two birds with one stone, installation time is significantly reduced.

COMMENTS:
Pervious concrete pavement and permeable pavers are “a storm water pollution prevention (SWPP) Best Management Practice device” and beneficial for trees in the commercial district, hence a dual purpose benefit. However, the expenditure of nearly one half the total budget for the "Forest Study Implementation Project" in fiscal year 2007/08 expended on pervious concrete pavement and permeable pavers covering approximately 200 linear feet or less than one block face cumulatively is questioned as to whether that is the best expenditure of finite, limited funds dedicated to the implementation of the Forest Study.

Going forward, given the demonstrated environmental benefits to pervious concrete pavement and permeable pavers, it would be wise for the City to consider the installation of permeable pavement surfaces throughout the commercial district, installed in phases over time, and a vastly increased budget overall for the "Forest Study Implementation Project" to include other items directly related to trees ex. the purchase, planting, watering and nurturing of trees, the hiring of a certified arborist to complete a comprehensive inventory of public and private trees, et cetera.

REFERENCES:
Carmel-by-the-Sea
May 2008 Check Register
(Includes checks dated 4/25-4/29/08)

115329 4/29/08 JOE BRUNO CONSTRUCTION $ 2,820.00
PERMEABLE PAVERS LINCOLN & 5TH (FOREST STUDY IMPLEMENTATION)

Carmel-by-the-Sea
June 2008 Check Register
115605 6/10/08 S&J CARRERA CONSTRUCTION $ 18,907.15
PERVIOUS CONCRETE INSTALLATION AT LINCOLN & OCEAN (FOREST STUDY IMPLEMENTATION PROJ)

CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
FISCAL YEARS
2008/09 THROUGH 2010/11


CAPITAL IMPROVEMENTS PROGRAM
Funds are budgeted to provide for planning and construction of major capital improvements. The capital projects, submitted by departmental staff and their respective commissions or boards, are selected through an in-depth evaluation prioritization process and then reviewed and approved by the City’s Planning Commission

Revised 07/08
$ 50,000 01-89639 Forest Study Implementation

Revised 08/09
01-89639 Forest Study Implementation $ 20,000

Thursday, November 06, 2008

Carmel Art Association Presents SOLO SHOWS OF ALEX GONZALES & TIM SLOAN and GALLERY SHOWCASE FEATURING GIACOMETTI, JOHNSON & MARSH

Carmel Art Association
“Celebrating 80 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 SOLO SHOWS OF ALEX GONZALES & TIM SLOAN and GALLERY SHOWCASE FEATURING GIACOMETTI, JOHNSON & MARSH

Thursday, November 6 – Tuesday, December 2, 2008

SOLO SHOW “WORKS ON PAPER” – A RETROSPECTIVE (Center Room):
Painter Alex Gonzales exhibits figures, abstracts and landscapes on paper in watercolor, ink, pencil and mixed media. View one painting.

SOLO SHOW “ALONG THE COAST” (Center Room):
Painter Tim Sloan exhibits oil paintings of the coastal dunes inspired by a profusion of plant life and flowers. View one painting.

GALLERY SHOWCASE (Segal Room):
Painter Susan Giacometti exhibits “At Hacienda Feed and Supply,” paintings and prints. View one painting.

Painter Andrea Johnson exhibits acrylic paintings of realistic portrayals of nature. View one painting.

Painter John Francis Marsh exhibits automotive fine art paintings. View one painting.

Opening Reception Saturday, November 8, 6:00 P.M. – 8:00 P.M.

Wednesday, November 05, 2008

Draft Abbreviated Minutes for the Six Noteworthy City Council Agenda Items on the November 4, 2008 Agenda

ABSTRACT: Agenda Items and accompanying draft abbreviated Minutes for the six noteworthy City Council Agenda Items on the November 4, 2008 Agenda, namely status report on the 4th Avenue Riparian Project, Consent Calendar items including Resolution approving the at-will job description and salary range for the Public Services Director and a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code, an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project, Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission and Appointment of ad hoc committees, are presented.

CITY COUNCIL AGENDA
Regular Meeting
Tuesday, November 4, 2008


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

C. Announcements from City Administrator

3. Receive status report on the 4th Avenue Riparian Project

City Administrator Rich Guillen presented a chronological update on the 4th Avenue Riparian Project, as follows:
September 14, 2008: Pruning and tree removal by John Ley Tree Service
October 6, 2008: Pre-construction Meeting with landscape architect, city staff and contractor
October 13, 2008: Removal of brush and debris
October 28, 2008: Site Meeting to locate retention ponds and water lines located by Cal-Am
October 31, 2008: Hay bails placed to stabilize soil in anticipation and response to rain and rain showers.
The Contractor has resumed work and has 90 working days to complete 4th Avenue Riparian Project.

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

C. Consideration of a Resolution approving the at-will job description and salary range for the Public Services Director.

F. Consideration of a Resolution authorizing the destruction of certain records in accordance with §34090 et seq. of the Government Code.

Council Member ROSE moved adoption of Consent Items, including Item F, continued C at the request of the City Administrator, seconded by Council Member HAZDOVAC and carried unanimously.

VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of an appeal of a decision of the Planning Commission approving demolition and the certification of the final Environmental Impact Report for a building at the SE corner of Dolores and 7th Avenue – the Plaza Del Mar project. The appellant is Barbara Livingston.

Council Member ROSE moved to grant the appeal, seconded by Council Member TALMAGE and carried by the following roll call:

AYES: COUNCIL MEMBERS: HAZDOVAC, ROSE, SHARP, TALMAGE and McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

COMMENT:
• After the presentation of the Staff Report and public comment, the City Council’s deliberation focused on the California Government Code and California Environmental Quality Act (CEQA). The City Council Members quickly developed a consensus for granting the appeal based on the legal interpretation of the Government Code and CEQA being co-equal, the architectural significance of the building trumping the number of proposed affordable housing units; and the legal interpretation that the City has the discretion to make such a determination.

IX. Ordinances

B. Consideration of an Ordinance revising CMC Chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission (First Reading).

Council Member ROSE moved approval of Ordinance, seconded by Council Member TALMAGE and carried by the following roll call:

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

XI. Orders of Council

B. Appointment of ad hoc committees:
1) Volumetrics Committee
2) Green Committee

Mayor Sue McCloud announced appointment of ad hoc committees; no subsequent discussion by the City Council.

(Source: Regular City Council Meeting November 04, 2008 Video, Duration 02:19:00)