SWEARING IN CEREMONY: Mayor-Elect & City Council Members-Elect

UPDATE: Swearing-in

Carmel election victors took the oath of office Tuesday, April 20.

By Robin Urevich, Tuesday, April 20, 2010
Clarification:  “Burnett reported that voter turn-out was up 20 percent from the previous election”

In 2010, the previous election, 1,625 total ballots were cast with 1583 ballots cast for mayor.  In 2012, final results were based on 1579 ballots counted of which 1557 ballots were cast for mayor.  

ABSTRACT:  Swearing in Ceremony for Mayor-Elect Jason Burnett and Council Members-Elect Ken Talmage and Victoria Beach on Tuesday, April 17, 2012 at 3:00 P.M., Council Chambers, City Hall (East side of Monte Verde Street between Ocean Avenue and Seventh Avenue).

Archived Streaming Media

Note: After ceremony, reception at the Cypress Inn, Lincoln Street & Seventh Avenue, N.E. Corner, commencing about 4:00 P.M.

CARMEL MUNICIPAL ELECTION 2012

CARMEL ELECTION RESULTS 2012 (April 10, 2012)
Final Results – Carmel-by-the-Sea Municipal Election—April 10_ 2012

Final Results - Carmel-by-the-Sea Municipal Election - April 10, 2012
Final Election Results

For mayor —

Jason Burnett 1,159 73.4%

Rich Pepe 398 25.2%

For city council —

Ken Talmage 1,037 65.7%

Victoria Beach 1,005 63.6%

Tom Leverone 361 22.9%

Bob Profeta 356 22.5%

Percentages based on 1,579 ballots counted

Carmel Election Results 2012

Carmel Election Results 2012

April 10, 2012

SUMMARY

For Mayor: 

Jason Burnett 1,057 votes (74%)

Richard Pepe 364 votes (26%)

Total Votes Cast: 1,421
Note: (Vote for up to One)

For Council:

Ken Talmage 956 votes 

Victoria Beach 933 votes 

Tom Leverone 320 votes 

Robert Profeta 315 votes 

Total Votes Cast: 2,524
Note: (Vote for up to Two)

Related News Articles: 

Voters pick Burnett, Talmage and Beach by huge margins

MARY SCHLEY, The Carmel Pine Cone, April 13, 2012

Deluge in Carmel

Sweeping victories for Burnett, Talmage and Beach; Pepe still a council contender.

By Sara Rubin, Thursday, April 12, 2012

Jason Burnett wins by nearly 700 votes in Carmel mayoral race

Carmel: Decisive victory for mayor's job

LARRY PARSONS Herald Staff Writer, 04/10/2012

Talmage, Beach sweep to victory in Carmel City Council race

Leverone, Profeta trail by large margin

KEVIN HOWE Herald Staff Writer, 04/10/2012

MARTIN & CHAPMAN CO.
Election Services

ABSTRACT:  Live and Archived Streaming Media link to the City’s Election Night oral announcement of the results for mayor and city council is provided.  Past Carmel Municipal Election Results are presented as embedded documents.

Live and Archived Streaming Media

City Election Night

April 10, 2012 – 7:50 P.M.

CARMEL MUNICIPAL ELECTION FINAL RESULTS (2000 – 2010)
For mayor

Sue McCloud 847 (53.5 percent)

Adam Moniz 736 (46.4 percent)

For city council (two seats)

Jason Burnett 1,182 (47.1 percent)

Paula Hazdovac 696 (27.7 percent)

Gerard Rose 628 (25 percent)

1,625 ballots were cast from among 2,800 registered voters

Carmel Municipal Election

OFFICIAL FINAL RESULTS

April 13, 2010

2008 Carmel Municipal Election Results

Carmel Municipal Election

OFFICIAL FINAL RESULTS

April 8, 2008

2006 Carmel Municipal Election Results

Carmel Municipal Election

OFFICIAL FINAL RESULTS

April 11, 2006

2004 Carmel Municipal Election Results

Carmel Municipal Election

OFFICIAL FINAL RESULTS

April 14, 2004

2002 Carmel Municipal Election Results

Carmel Municipal Election

OFFICIAL FINAL RESULTS

April 9, 2002

2000 Carmel Municipal Election Results

Carmel Municipal Election

OFFICIAL FINAL RESULTS

April 13, 2000

Mayoral Candidates' & Council Candidates' Position on the Sale of the Flanders Mansion Property Antithetical to Honoring Carmel-by-the-Sea’s Historical and Cultural Heritage

ABSTRACT:  At the final Candidates Forum, the sale of the Flanders Mansion Property was an issue.  All of the candidates, namely mayoral candidates Jason Burnett and Rich Pépe and council candidates Victoria Beach, Tom Leverone, Bob Profeta and Ken Talmage, advocated pursuing the sale, although Rich Pépe stated he was “generally opposed to selling city-owned assets,” according to the news article CANDIDATES MAKE THEIR CASE AT FINAL FORUM, The Carmel Pine Cone, March 16, 2012.  Council Member Ken Talmage stated that the Mansion was not historic and that the Mansion “might even be demolished;” “The city should get a forensic historian and look at that application and see whether or not we can overturn that [historic] designation,” he stated.  Problematic statements by Planning Commissioner Victoria Beach (“We’ve spent 40 years on this issue, and that is almost as long as I’ve been alive.”) and Forest and Beach Commission Chairman Tom Leverone (“The Flanders issue is the boil on the butt of Carmel, but there are a lot of perennial issues, and we need to start doing something. The legal issue is because of a small group of people focusing on problems that don’t exist.”) demonstrated their ignorance, confusion, lack of creative thinking, and most importantly, lack of respect for Carmel-by-the-Sea’s historical and cultural heritage. OUTLANDS IN THE EIGHTY ACRES (Paul Flanders Mansion) National Register of Historic Places Nomination Form and “Outlands” Historic Photographs are embedded; HIGHLIGHTS of National Register of Historic Places Nomination Form are presented.

HIGHLIGHTS of National Register of Historic Places Nomination Form:

Name of Property

historic name: OUTLANDS IN THE EIGHTY ACRES

other names/site number FLANDERS; PAUL MANSION

Areas of Significance: Architecture

Period of Significance: 1924-1925

Architect/Builder

Gutterson, Henry Higby

Ruhl, Frederick

Significance

The Paul Flanders Mansion, "Outlands", is significant under National Register Eligibility Criteria C as the work of a prominent architect employing an innovative method of construction. "Outlands," if not the first, was one of the earliest architect designed residences in Carmel By-the-Sea and currently the only known example of Gutterson's work in the region. The architect used a unique cavity wall system from locally developed and fabricated precast hollow concrete structural units called Thermotite as his principal building material. Bonded by grout and bound by special metal ties for structural and seismic stability, the building material professed to be "waterproof, fireproof and practically everlasting". "Outlands" English cottage design was one of the first applications of this pictorial style of residential architecture in Carmel By-the-Sea. Variations on this mode, beginning in the town's commercial core in 1923, and expanding to the residential housing stock by 1924, established the still held popular image of the community as a quaint seaside village of creative artists. "Outlands" retains to a remarkable degree both its context and integrity as originally constructed in 1924-25. Its planned views of the Mission and Carmel Bay remain intact as conceived by architect Gutterson.  Surely this beautiful building and its immediate setting qualify for listing at the local level of significant in the National Register of Historic Places.

Setting

Architect Gutterson carefully sited "Outlands" on a hillside overlooking the Carmel Valley to the southeast, Carmel Mission and Point Lobs to the southwest. He tucked the north elevation into the hill mass for privacy as well as environmental protection. Circulation is well handled using the natural contours of the site for a serpentine asphalt driveway and circle lined at intervals with a low rock wall. Rock pathways lead around the perimeter of the residence, laid in 1927. The mature plantings surrounding the home have tied it both formally and informally into its setting. Well maintained Cypress hedges to the east protect the large lawn area from the wind while the open forest to the south and west continue to afford the magnificent views originally envisioned by the designer. Since its acquisition in 1972 by the City of Carmel By-the-Sea, the property has become part of the Mission Trails Park with its grounds maintained by the City Forester and his staff.

Gutterson had been trained at the University of California, Berkeley and the Ecole des Beaux Arts in Paris. He had worked under Daniel H. Burnham, Willis Polk and John Galen Howard before establishing his own practice in 1913.

Architecture

"Outlands" is an impressive example of Gutterson's mature work.

Method of Construction

Although cavity wall construction was well known throughout the United States, its employment was not common to California. The construction of the "Outlands" cavity wall is unique to its California location. The Thermotite blocks were laid in a manner similar to a two wuthe cavity wall. Three inches in thickness, they have tongue and groove bed and head joints. The use of grout rather than mortar for bonding is unique to this building as is the employment of special size ties to reinforce standard horizontal ties. These special ties are used to form x-braced vertical truss webbs between the exterior wythes. The x-braced system appears at window jambs as well as functioning to provide a vertifally spanning system to carry wind loading on the wall.  The anchors used for the connection of the cavity wall wythes were anchored into the joints of the inner walls. The anchors were then bent and attached to the rim roof joist evidencing a sound knowledge of construction details to meet California's building conditions.

The Flanders residence in Carmel, California, embodies the distinctive characteristics of the English cottage style of design as realized by the mature work of Henry Higby Gutterson (1184-1954).  The masonry construction system of the building is a unique variation of eastern construction techniques adapted for California conditions clearly making it worthy of retention as a historical record of California building. Architect Gutterson's design and site planning possess the high artistic value that qualify this significant structure for listing on the National Registry of Historic Places under Criterion C.

National Register of Historic Places Nomination Form

National Register of Historic Places Nomination Form

Outlands Historic Photographs

“Outlands” Historic Photographs

ADDENDUM:

HISTORY OF MISSION TRAIL NATURE PRESERVE, FLANDERS MANSION AND THE LESTER ROWNTREE GARDEN

REVIEW OF ENVIRONMENTAL IMPACT REPORTS AND LEGAL CHALLENGES TO SALE OF PARKLAND

COMMUNITY SUPPORT

NATIONAL TRUST FOR HISTORIC PRESERVATION (Letter)

…the National Trust for Historic Preservation would like to reiterate our strong support for keeping the property in public ownership.  As one of only two Carmel properties listed in the National Register of Historic Places, the Flanders mansion is a community asset and should be accessible to all.

Throughout its history the “village in the forest by the sea,” as Carmel is known, has had a strong tradition of preserving and enhancing the natural environment and open space.  The National Trust hopes this tradition will be upheld by keeping Flanders Mansion in public hands...It would be tragically short-sighted to sacrifice public benefit and access, reuse potential, and community history to short-term revenue goals.

National Register of Historic Places

The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources.

STATE OFFICE OF HISTORIC PRESERVATION

MISSION

The mission of the Office of Historic Preservation (OHP) and the State Historical Resources Commission (SHRC) is to provide leadership and promote the preservation of California's irreplaceable and diverse cultural heritage

Henry Gutterson Collection, 1923-1946

Henry Gutterson (1884-1954)

Forest & Beach Commission Chairperson Tom Leverone: Candidate for City Council 2012

ABSTRACT:  Forest & Beach Commission Chairperson Tom Leverone’s “Tom Leverone for Carmel City Council” website states “I want to be elected to the Carmel City Council so that I can work to preserve and enhance the quality of life for all Carmel residents and businesses.”  And “It is my belief that, to a great extent, we already have a set of "Rules To Live By" in the form of existing codes and statutes that, as they were enacted over the years, have acted as our guides, and as windows into the historic development of our city. While most of these have been refined over time, some may need to be re-visited because the letter of the law is sometimes no longer in sync with the original reason behind it. So it is my view that it is important for City Council members to understand the original intent of a law before any changes are considered. This is the philosophy that I believe can guide correct decision making that will maintain the character of our village, and continue to offer us the quality of life we so enjoy.”  “As a cornerstone of my public life, I will always keep uppermost in my mind the concept of common sense and balance.”  Sections of his website include, as follows:

Why does Tom want to serve on the Carmel City Council? 

What does Tom see as the key issues facing the next City Council? 

A long-term balanced budget, Water, Paid Parking, The Flanders Mansion

Who is Tom Leverone?

What people are saying about Tom Leverone...

"Tom and the Fire Basket" - a parable

HIGHLIGHTS of Goals as a Council Member & What has Tom done for Carmel are presented.  An ADDENDUM of the 6 March 2012 City Council Agenda Item “Receive report and provide direction on a recommendation from the Forest and Beach Commission on a concept for a portable beach fire basket” with reproduced Agenda Item Summary and Staff Report is provided. 

HIGHLIGHTS of Goals as a Council Member & What has Tom done for Carmel

Goals as a Council Member

• Faithfully serve the residents of Carmel first and foremost, in balance with our businesses.

• Stop cutting resident services or security by maintaining a balanced budget and increasing revenues by choosing the best options currently being discussed (paid parking, TOT, sales tax, etc.).

• Revitalize downtown and eliminate vacant storefronts by using economic development consultants to determine what merchants Carmel needs and will utilize, so the merchant can thrive, and by considering a City ordinance requiring owners of vacant storefronts to fill their empty windows with attractive displays.

• Always use common sense and understand the intent of the rules and ordinances we live by.

• Review Carmel’s ordinances to update the language and avoid costly and time consuming confusion and unnecessary discussion while maintaining a level playing field with fairness for all.

• Find solutions to larger issues (water, Flanders, revenue) that have no contingencies and will remain viable for generations so our grandchildren do not have to revisit these issues. 

What has Tom done for Carmel

“As Chair of the Forest and Beach Commission I instituted programs that increased transparency and successfully put an end to the vandalism of city trees planted on public property; reconfigured the inspection process for private replacement trees to allow the city to better fulfill its obligations; designed, built, and successfully tested a device to keep the beach continuously cleaned of beach fire charcoal and debris.”

Contact Information: E-mail: tom@leveroneforcarmel.com

ADDENDUM:

CITY OF CARMEL-BY-THE-SEA

CITYCOUNCIL AGENDA PACKET

Regular Meeting

Tuesday, March 6, 2012

Archived Video Streaming

AGENDA

Regular Meeting

Tuesday, March 6, 2012

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

XI. Orders of Council

A. Receive report and provide direction on a recommendation from the Forest and Beach Commission on a concept for a portable beach fire basket.

Meeting Date: March 6, 2012

Prepared by: Mike Branson

City Council

Agenda Item Summary

Meeting Date: March 6, 2012

Prepared by: Mike Branson

Name: Receive report and provide direction on a recommendation from the Forest and Beach Commission on a concept for a portable beach fire basket.

Description: At its January meeting, the Forest and· Beach Commission reviewed the concept and prototype of a portable fire basket for managing fires and charcoal cleanup on Carmel Beach. The Commission supported the idea and recommended the City Council review the concept and provide comments on possible implementation.

Overall Cost:

City Funds: Unknown at this time.

Staff Recommendation: Review and provide comments on the portable fire basket concept.

Important Considerations: At the January 5, 2012 meeting, the Forest and Beach Commissioners unanimously recommended that Council review the portable fire basket concept developed by Tom Leverone. Fires are currently only allowed under certain conditions and the City pays for charcoal cleanup during the summer season.

Decision Record: None.

Reviewed by:

Jason Stilwell, City Administrator  Date

CITY OF CARMEL-BY-THE-SEA

STAFF REPORT

TO: MAYOR McCLOUD AND COUNCIL MEMBERS

THROUGH: JASON STILWELL, CITY ADMINISTRATOR

FROM: MIKE BRANSON, CITY FORESTER

DATE: MARCH 6, 2012

SUBJECT: REVIEW AND PROVIDE POLICY DIRECTION ON A RECOMMENDATION FROM THE FOREST AND BEACH COMMISSION ON A CONCEPT FOR A PORTABLE BEACH FIRE BASKET

_____________________________________________

RECOMMENDED ACTION

Provide comments and direction on the fire basket proposal.

BACKGROUND

Fires and charcoal accumulation on Carmel Beach has been a contentious issue for years. The Forest and Beach Commission and City Council have regularly heard both from supporters and opponents of allowing fires. Fires currently are allowed on the beach south of Tenth Avenue and they must comply with several fire management rules. There is no regulation on the number of fires or responsibility for cleanup of the fire pits. The City has a program to clean up the fire pits weekly during the summer season.

REVIEW

Forest and Beach Chairman Tom Leverone devised the idea of a portable fire basket, or wok, due to its resemblance to the Asian cooking pan. The basket, made of a metal screen with a carrying handle, is large enough for a legal fire and two people can even carry it with the firewood inside. The screen holes are large enough to facilitate air flow yet small enough to collect most of the charcoal from the fire.

To use it, the basket is nestled down into the sand and a fire is built inside. When the fire is done or needs to be extinguished, water is poured onto the coals and the basket is lifted with the charcoal inside to a disposal site. The idea is to still allow fires but to have the user be part of the cleanup program.

The Forest and Beach Commission reviewed this device during its January meeting.  The Commissioners and the public attendees were supportive of the concept. The Commission recommended the idea be presented to the City Council to provide additional comments on the device and the logistics of possible implementation as a method of managing fires on Carmel Beach.

FISCAL IMPACT

The costs to implement this program are still under development. Chairman Tom Leverone paid for the prototype and revisions to the basket have already been discussed.

SUMMARY

Fires and charcoal continue to be topics of discussion. It is hoped that this concept could be developed into a way to manage fires and charcoal cleanup on the beach. Costs to build and a method of dispersal and collection of the fire baskets still must be obtained.  Comments from the City Council and the public will help facilitate a workable fire and charcoal cleanup program.

ROBERT “BOB” PROFETA: Candidate for City Council 2012

ABSTRACT:  Bob Profeta’s website states “QUALIFIED – REASONABLE – RESPONSIBLE” and “I have an intimate connection with Carmel having lived and worked here for almost 20 years.”  “Robert “Bob” Profeta for Carmel City Council 2012” website consists of Home, Issues (Priorities & Endorsements), About Bob, Get Involved and Contact sections.  HIGHLIGHTS of About Bob, including excerpts from Priorities, are presented.  Contact information is provided.

HIGHLIGHTS OF "ABOUT BOB" AND "ISSUES:"

About Bob

Who I am, And What I Can Contribute . . .

 "I hope to help solve the issues and problems that will surely arise, always with the ideal and objective of preserving our communities existing character for the future."

Who I am . . .

"In 1993, Judie and I moved to Carmel.  Together we own Alain Pinel Realtors.  We represent buyers and sellers in home sales; we do not develop real estate.  I am proud that together we have grown Alain Pinel to become one of the largest local employers in Carmel."

What I can contribute to the Town and City Council . . .

"My vision, and my goal, is to preserve these special qualities for our present community and the generations to follow."

"Using my management experience of over 40+ years, budgetary oversight and analysis, careful negotiation, and consensus building skills, I will add balance and reasonableness to help solve  other issues and problems if permitted by Carmel residents to serve on their City Council."

Please, let me hear from you . . .

"If given the opportunity to serve the residents of Carmel on their City Council, I will endeavor to preserve in changing times the quality of life residents have come to treasure.  This is why I am seeking election to the City Council, to preserve what Carmel residents have enjoyed during the first 96 years of the City’s history."

ISSUES: Priorities

• Pursue solutions to maintain security and essential services for Carmel residents with a balanced budget not invading City financial reserves.

• Pursue solutions to revitalize our down businesses recognizing that they provide a large part of our City revenues.

• Pursue solutions to update the City infrastructure such as roads and sidewalks, which are in disrepair.

• Pursue solutions to issues and problems with new ideas and fresh approaches while listening to members of our community and then take Action.

• Pursue a dialog and consensus between residents and their City Council to seek enhancement of resident control over their community while preserving the unique qualities of Carmel.

• Remember and honor the principle that it is the residents of Carmel the City Council serves.

CONTACT INFORMATION:

Mail: P.O. Box 491 Carmel CA 93921
Facsimile: 831-625-2919
Email: bob@bobprofeta.com
Phone: 831-625-9031

CITY COUNCIL MEMBER KEN TALMAGE (2006-2012): Candidate for City Council 2012

ABSTRACT:  City Council Member Ken Talmage’s campaign website “Re-ELECT KEN TALMAGE to the Carmel City Council” states “A PROVEN EFFECTIVE DECISION MAKER.”  He states: “I make decisions based on facts, budgets, Carmel’s Municipal Code and Design Guidelines, with a keen eye to our village’s history, traditions, and natural beauty. I try to balance differing interests and find the best overall solutions.” Talmage’s campaign website features Home, About Ken, Issues, My Contributions, Nomination, and Donate sections.  HIGHLIGHTS of Issues & My Contributions are presented.

HIGHLIGHTS of Issues & My Contributions

Issues

Challenges We Will Address:

• Ensure the continued high level of fire, ambulance and police services

• Work within the financial realties that affect city revenues. Although we have high revenue per capita, it is not likely to grow going forward. Spending decisions must be considered carefully. 

• Undertake a comprehensive long-term financial forecast, identify trends and suggest a range of possible actions. 

• Maintain core city capabilities, but explore options for outsourcing, shared services and general efficiency gains.

Principles:

• Preservation of Carmel's Community Character: Carmel is a special place like no other. It is essential to preserve Carmel's singular character for ourselves, our guests and future generations. 

• Vibrant Community: Cultural venues, unique local shops, special events, and our village hospitality are significant contributing factors to our community and it's quality of life. Maintaining this vibrancy is critical to Carmel's future.

• Recognition of Economic Reality: Planning and decisions must be based on three factors: The "new normal" (post 2008 recession), the city's obligation to our employee retirement fund (CalPERS), and responsibility to spend tax dollars wisely. 

• Community Involvement: We have far more in common then we have differences of opinion. I listen to all perspectives and encourage participation in order to make better decisions. 

Ken's Key Contributions:

• Ken was instrumental in refinancing the Sunset Center bonds. The City Auditor said this will save the city more then $1,000,000 over the remaining term of the bonds.

• Ken added several provisions to the recent Fire and Ambulance contracts with the City of Monterey with increase safety and accountability.

ADDENDUM:

COUNCIL MEMBER KEN TALMAGE

 “PLEASE CONTACT ME WITH YOUR THOUGHTS OR QUESTIONS”

Phone: 624-2462

E-mail: kktalm@aol.com  

Talmage Kenneth Statement of Economic Interests 2012
CALIFORNIA FORM 700
STATEMENT OF ECONOMIC INTERESTS (Received January 2012)
Talmage Kenneth Kellogg

PLANNING COMMISSIONER VICTORIA BEACH: Candidate for City Council 2012

ABSTRACT:  Planning Commissioner Victoria Beach states on her campaign website VICTORIA BEACH FOR CARMEL CITY COUNCIL “I believe I have the ability, and the responsibility, to do my part now. That's why I currently work on the town’s Planning Commission, and it's why I want to build on that work as a member of the City Council.”  Beach’s campaign website features HOME, ABOUT, EVENTS, GET INVOLVED, DONATE AND CONTACT sections.  HIGHLIGHTS are presented, including Qualifications and Leadership Experience, and an ADDENDUM of information and links to web posts, including “Is the Profession of Architecture Corrupt?” is presented. 

VICTORIA BEACH FOR CARMEL CITY COUNCIL
 “As your Council member I will (1) commit to preserving and enhancing the village character we all enjoy as we walk through our downtown, neighborhoods, and parks, (2) support businesses in providing valuable services for our residents and visitors alike, and (3) welcome the impressive talents of our citizens through open, productive dialogue on how to care for this wonderful place in a fiscally sustainable way."

About Victoria 
HIGHLIGHTS: Qualifications and Leadership Experience:
• Carmel Planning Commissioner
• Licensed Architect
• Business Owner
• AIA National Young Architect Award
• Harvard Design Ethics Fund Founder
• Yale University Bachelors Degree
• Harvard University Professional Degree
• Harvard Professor of Design and Ethics

Upcoming Events

ADDENDUM: 
Beach for Carmel on facebook

Beach for City Council 2012. P.O. Box 5146 Carmel CA. 93921
contact@beachforcarmel.com • 831-915-5093

Victoria Beach
Independent Architect; formerly Lecturer in Architecture, Harvard School of Design

Graduate School of Design
Victoria E. Beach, from Report on the Ethics Fellowship Year 1999-2000

Is the Profession of Architecture Corrupt?
DesignIntelligence.blog
Posted: April 27th, 2010

ARCH-IO

VICTORIA BEACH AIA

Principal

831.915.5083

VBeach@ARCH-IO.com

CANDIDATES' FORUMS 2012

ABSTRACT: Three Candidates' Forums are scheduled this 2012 municipal election cycle. The Forums are presented including locations and times. Participants include mayoral candidates current City Council Member Jason Burnett (Burnett EcoEnergy LLC owner) and Rich Pépe (Carmel business owner, Little Napoli, Vesuvio, Carmel Bakery, Vino Napoli) and city council candidates Planning Commissioner Victoria Beach (architect), Forest and Beach Commission Chairman Tom Leverone (physician), Bob Profeta (Alain Pinel Realtors Co-Owner) and Current City Council Member Ken Talmage (Monterey Water Company Founder and Chairman). The date of the Municipal Election is Tuesday, April 10, 2012.

Carmel Residents Association Candidates Forum
Wednesday, February 29 @ 7:00 P.M.
Carpenter Hall, Sunset Center
W/s Mission St @ 9th Av.
Carmel-by-the-Sea, CA.

Carmel Chamber of Commerce Candidates Forum
Thursday, March 8 @ 6:00 P.M.
Church of the Wayfarer, Downstairs Hall
Lincoln St. & 7th Av., N.W. Corner
Carmel-by-the-Sea, CA.

Carmel Pine Cone Candidates Forum
Tuesday, March 13 @ 7:00 P.M.
Carpenter Hall, Sunset Center
Carmel-by-the-Sea, CA.

GOVERNMENT ETHICS: The Lucifer Effect I - IV, Blind Spots I - VIII & Apologies: Central to a City's Ethical Environment, Apology Revisited and Apology - The Canary in the Mine of Local Government Organizations

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.

Apologies: Central to a City's Ethical Environment
Thu, 2006-07-06
Robert Wechsler
Director of Research
City Ethics, Inc.

"As canaries were to mines, apologies are to a municipality's ethical environment. If you don't see a good number of sincere apologies, then ethics and accountability are probably dead in your town."

"According to Aaron Lazare, in his excellent On Apology (Oxford University Press, 2004), an apology is "an encounter between two parties in which one party, the offender, acknowledges responsibility for an offense or grievance and expresses regret or remorse to a second party, the aggrieved." An apology can also include an explanation for the offense, an expression of shame or guilt, an expression of intention not to commit the offense again, and reparations."

"One reason apology is such a good sign of an ethical environment is that it requires just what good ethics requires: honesty, generosity, humility, courage, sacrifice, and commitment to preserving trust in government."

"And then there is the ever popular cover-up. It usually begins by ignoring a grievance, and then moves on to denying what happened and trying to demonize the grievant. Of course, cover-ups are always worse than the offenses, and if they come out, they become a big scandal, undermining public trust more than any other approach. Cover-ups are a bet that the offenders won't get caught. And most cover-ups stay under cover, but they use up a great deal of resources for a horrible cause."

"The failure to apologize has serious consequences. It makes people feel powerless and cynical, and it makes people believe that their values are different from those in government, that government cannot be trusted to hold up its side of the social contract, that in government there are no consequences for doing wrong. All of these feelings make people less likely to get involved in government matters. The failure to apologize fuels people's anger, making compromise more difficult."

Apology Revisited
Wed, 2007-03-28
Robert Wechsler
Director of Research
City Ethics, Inc.

"This is equally true of government officials. The coverup is worse than the crime. Everyone knows this, but so many officials believe they can get away with it if they make a big enough smokescreen. And often they do. But at what cost, to them and, most important, to the public? People are forgiving, but not when you refuse to respect them and recognize the harm you cause."

"Government officials too need to have full disclosure and complete transparency. It will dramatically lessen the number of ethical mistakes, cut corruption, and make the public feel more trust in their government."

Apology - The Canary in the Mine of Local Government Organizations
Tue, 2008-05-20
Robert Wechsler
Director of Research
City Ethics, Inc.

"The lack of true apology from members of a government organization is a dead canary in a mine. An organization without true apologies is one where officials put themselves ahead of the good of the community, where people think in terms of getting away with mistakes and misconduct. Such an organization is closed and without ethical leadership. It is an organization consisting of people who either do not respect the dignity of others, or are too afraid to speak up."

ADDENDUM:
Top Ten Ethics Films

Recommended Reading

MUNICIPAL ELECTION 2012: Editorials

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

Candidate response: Rich Pèpe

The Monterey County Herald, 03/30/2012 

"In addition to endorsing Burnett for mayor, we urge Carmel voters to send incumbent Ken Talmage back to the council for another term and to elect relative newcomer Leverone."

Editorial: Looking to make Carmeleven better, The Monterey County Herald, 03/20/2012 

LOCAL SPIN: BURNETT FOR MAYOR

But Carmel is lucky to have Rich Pepe in the mix.

By Staff Thursday, March 15, 2012

Editorial: Voters have their work cut out, The Carmel Pine Cone, February 24, 2012

“...letters...basically devoid of content about the city’s issues…But because of several letters we didn’t print, we’re afraid it could be because some people can’t wait to start slinging mud at Pepe for having the audacity to challenge Burnett.”

“We received two letters that accused Pepe of various nefarious deeds and character flaws. You might even say the letters amounted to character assassination. And when we asked the letter-writers to substantiate their claims — we don’t prints nasty criticisms without something to back them up — they both backed down.”
Editorial: The nastiness begins, The Carmel Pine Cone, February 10, 2012

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

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.

ADDENDUM:
Burnett Jason Statement of Economic Interests 2012
CALIFORNIA FORM 700
STATEMENT OF ECONOMIC INTERESTS (Received January 2012)
Burnett Jason Kestrel

2012 COMMENT POLICY

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

UPDATE (through MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEAFebruary 7, 2012):

Of 106 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 92 agenda items or 87% of the time. Or McCloud and Burnett differed on 14 agenda items or 13% 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