Showing posts with label Monterey County Board of Supervisors. Show all posts
Showing posts with label Monterey County Board of Supervisors. Show all posts

Tuesday, September 30, 2014

Monterey County Board of Supervisors Meeting Agenda Item 15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and b. Provide direction regarding the County’s participation in and funding of the Authority, September 30, 2014

ABSTRACT:  The Monterey County Board of Supervisors is scheduled to conduct a meeting today, September 30, 2014.  Meeting Agenda Item 15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and b. Provide direction regarding the County’s participation in and funding of the Authority is featured.  The Legislation Details (With Board Report) with Attachments, including Exhibit A Chart of Authorized Payments and Requested Funding, Exhibit B 9/12/14 Letter from Monterey Peninsula Regional Water Authority, Exhibit C 1/6/14 Letter from Monterey Peninsula Regional Water Authority and Exhibit D 9/30/14 Power Point Presentation by the Monterey Peninsula Regional Water Authority to the Monterey County Board of Supervisors, document is embedded.  And the Meeting Agenda – Final-revised document is embedded.  According to reporting in The Monterey County Herald, “the Board of Supervisors is scheduled to consider the authority's request for additional funding, and participation, from the county, including nearly $380,000 in past and future authority expenses.” Supervisor Dave Potter is requesting “a full accounting of the authority's past spending and future expenses, as well as the authority's strategic plan” beacuase of concerns about “mission creep and the prospect of funding another layer of bureaucracy.” Importantly, “Potter said the county remains in a holding pattern regarding direct participation on the authority board more than two years after allegations emerged that he would have a conflict of interest if he served.”
Source: 
Supervisors to consider Peninsula water authority funding request
Still no county member on authority board, spending report sought
By Jim Johnson

Monterey County
Monterey County Government Center
Board Chamber
168 W. Alisal St., 1st Floor
Salinas, CA 93901
Meeting Agenda - Final-revised
Tuesday, September 30, 2014
9:00 AM

Board of Supervisors
Chair Louis R. Calcagno - District 2
Vice Chair Simón Salinas - District 3
Supervisor Fernando Armenta - District 1
Supervisor Jane Parker - District 4
Supervisor Dave Potter - District 5

Roll Call
1:30 P.M. - Scheduled Matters

15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and
b. Provide direction regarding the County’s participation in and funding of the Authority.

Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Legislation Details (With Board Report) with Attachments, including Exhibit A Chart of Authorized Payments and Requested Funding, Exhibit B 9/12/14 Letter from Monterey Peninsula Regional Water Authority, Exhibit C 1/6/14 Letter from Monterey Peninsula Regional Water Authority and Exhibit D 9/30/14 Power Point Presentation by the Monterey Peninsula Regional Water Authority to the Monterey County Board of Supervisors

Adjournment

REFERENCE:
Monterey County
Meeting Agenda - Final-revised
Tuesday, September 30, 2014
Board of Supervisors

Saturday, February 09, 2013

Monterey County Board of Supervisors Meeting AGENDA ITEM Monterey Peninsula Water Supply Project Governance Committee & Board of Supervisors of the Monterey County Water Resources Agency Closed Session Meeting AGENDA ITEM regarding California-American Water Company, 12 February 2013

RELATED NEWS ARTICLE: 
Supervisor Dave Potter named Monterey County representative for desal panel 
Salinas named alternate
By JIM JOHNSON Herald Staff Writer, 02/13/2013
Excerpts Highlights:
"Supervisor Dave Potter was chosen Tuesday to represent the county's interests on a proposed public governance committee that would be charged with oversight of California American Water's proposed desalination plant."
"Originally proposed and ultimately approved on Jan. 31 by the Peninsula mayors' water authority, the three-person committee would include members representing the Monterey Peninsula Water Management District and the Peninsula Water Authority."
"The supervisors agreed Tuesday to support in principle a position statement proposed by the mayors' authority regarding Cal Am's project, including a set of conditions such as requiring a public contribution of funds designed to lower project costs and fully developed alternative source water intake plans. But the supervisors stopped short of adopting the conditions to avoid breaching the terms of the county's settlement agreement with Cal Am involving the regional project, McKee said."


ABSTRACT: On February 12, 2013, the Monterey County Board of Supervisors is scheduled to consider Meeting Agenda Item Monterey Peninsula Water Supply Project Governance Committee. The Report RECOMMENDATION: 
It is recommended that the Board of Supervisors:
1. Approve the Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee and authorize the Chair to execute the agreement.
2. Appoint one Supervisor as a member and one Supervisor as an alternate to the Governance Committee.
3. Support, in concept, the principles of the Monterey Peninsula Regional Water Authority’s Position Statement (labeled “Deliberative Document”).
And SUMMARY:
The Monterey Peninsula Water Supply Project Governance Committee is intended to provide public oversight of the proposed project. The Committee is to be composed of members from the Monterey Peninsula Regional Water Authority (MPRWA), the Monterey Peninsula Water Management District (MPWMD), California American Water Company (CAW) and the County of Monterey. The agreement has been or is expected to be approved by all parties within the next few weeks. In addition, the MPRWA has adopted a Position Statement (labeled “Deliberative Document”) that they would like your Board to support.
Attachment 1 Water Authority Position Statement 2013-01-31 and Attachment 2 MPWSP Governance Committee Agreement are embedded.
The Board of Supervisors of the Monterey County Water Resources Agency is also scheduled to consider Closed Session Meeting Agenda Item regarding California-American Water Company; the Agenda is embedded.
Note: Meeting Videos, Board of Supervisors of the Monterey County Water Resources Agency& Board of Supervisors


Monterey County
Monterey County Government Center
Board Chamber
168 W. Alisal St., 1st Floor
Salinas, CA 93901

Meeting Agenda - Final-revised
Tuesday, February 12, 2013
9:00 AM

Board of Supervisors
Chair Fernando Armenta - District 1
Vice-Chair Louis R. Calcagno - District 2
Supervisor Simón Salinas - District 3
Supervisor Jane Parker - District 4
Supervisor Dave Potter - District 5

Roll Call

10:30 A.M. - Scheduled Matters

10.3
1. Consider approving the Agreement to Form the Monterey Peninsula Water Supply Project Governance Committee and authorize the Chair to execute the agreement.

2. Appoint one Supervisor as a member and one Supervisor as an alternate to the Governance Committee.

3. Consider supporting, in concept, the principles of the Monterey Peninsula Regional Water Authority’s Position Statement. (Added via Addendum)

Attch 1 Water Authority Position Statement 2013-01-31
Attch 2 MPWSP_Governance_Committee_Agreement

Attachment 1 Water Authority Position Statement 2013-01-31 
Attachment 1 Water Authority Position Statement 2013-01-31

Attachment 2 MPWSP Governance Committee Agreement

Monterey County
Monterey County Government Center
Board Chamber
168 W. Alisal St. 1st Floor
Salinas, CA 93901

Meeting Agenda - Final-revised

Tuesday, February 12, 2013
9:00 AM
Board of Supervisors of the Monterey County Water
Resources Agency

Roll Call

1. Closed Session under Government Code section 54950, relating to the following items:

b. Pursuant to Government Code section 54956.9(d), the Board will confer with legal counsel regarding existing litigation:

(1) In the Matter of the Application of California-American Water Company (Application 04-09-019)

(2) Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project: Application 12-04-019

(3) California-American Water Company v. Marina Coast Water District, et al. (Monterey County Superior Court case no. M120053)
Board of Supervisors of the Monterey County Water Resources Agency
Meeting Agenda - Final-revised
Tuesday, February 12, 2013 9:00 AM

Thursday, November 01, 2012

County Counsel Letter to Supervising Deputy Attorney General Request for a Legal Opinion from the Attorney General on the Issue of Incompatibility of Offices & Attorney Richard G. Glenn, THE THOMPSON LAW OFFICE, Letter to MPRWA attorney Don Freeman Re: Monterey Peninsula Regional Water Authority Issues

Monterey County Counsel letter to Supervising Deputy Attorney General Request for a Legal Opinion from the Attorney General on the Issue of Incompatibility of Offices

ABSTRACT: A letter from County Counsel Charles J. McKee to Susan Duncan Lee, Supervising Deputy Attorney General, California Attorney General's Office, Opinion Unit, dated October 30,2012, Re: Request for a Legal Opinion from the Attorney General on the Issue of Incompatibility of Offices is embedded. Highlights from the five-page letter are presented.

County Counsel Request for Legal Opinion from Attorney General on Issue of Incompatibility of Offices 10-31-12 OCR Document
MONTEREY COUNTY
OFFICE OF THE COUNTY COUNSEL
CHARLES J. McKEE
COUNTY COUNSEL
Susan Duncan Lee
Supervising Deputy Attorney General
California Attorney General's Office
Opinion Unit
455 Golden Gate Ave, Ste. 11000
San Francisco, CA 94102
October 30, 2012
Re: Request for a Legal Opinion from the Attorney General on the Issue of Incompatibility of Offices

HIGHLIGHTS

As County Counsel for the County of Monterey I am requesting an expedited legal opinion from the Attorney General under California Government Code section 12519

QUESTION:

1. Are the offices of Supervisor of Monterey County (County), Supervisor of Monterey County Water Resources Agency (MCWRA), and Director of Monterey Peninsula Water Management District (MPWMD) incompatible with the office of Director of the Monterey Peninsula Regional Water Authority (MPRWA) joint powers agency?

DISCUSSION:

We understand the analysis for incompatible offices considers the following:

1. Are the offices in question public?
2. Would sitting in these offices create divided loyalties for the member? Is there a likelihood the member would need to recuse him or herself?
3. Does one seat have supervisory, auditory or removal powers over the other?
4. Do exceptions exist to the rule?
a. Exceptions include seats held by a public employee, advisory bodies and when holding the office is compelled or authorized by law.

It is our opinion that the exception for member agencies and these statutory mandates are legal authorizations for a Monterey County Supervisor to sit as a Director of the MPRWA.


Attorney Richard G. Glenn, THE THOMPSON LAW OFFICE, Letter to MPRWA Attorney Don Freeman Re: Monterey Peninsula Regional Water Authority Issues 

ABSTRACT: On October 11, 2012, attorney Richard Glenn, The Thompson Law Office, wrote a letter to attorney Don Freeman, Monterey Peninsula Regional Water Authority (MPRWA) attorney Re: Monterey Peninsula Regional Water Authority (Authority) Issues. Attorney Glenn identified “a few legal issues I believe require the Authority's immediate attention,” including Mayor Pendergrass' Forfeiture of his MPWMD Ex Officio Seat, The County is Ineligible for Membership in the Authority, Invalid Chairmanship of TAC and Substantial Identity of Purpose. Recommendations:
1. Advise the Authority board and Mayor Pendergrass that he has forfeited his seat on the MPWMD board. He may now begin effectively working with his fellow mayors, without any conflict concern, in a focused effort aimed at resolving the Peninsula's water crisis.
2. Advise the Authority that it is not legally possible to admit the County as a member of the Authority. This means that neither Supervisor Potter, nor his successor, may serve as a director on the Authority board. The Authority/County relationship under an Integrated Water Management Plan pursuant to Water Code §10530 et seq., is specifically intended to be determined in due course under the JPA.
3. Advise the Authority board and David Stoldt that he may no longer serve as chairman of the TAC. Request that the board select an Authority director as chairman of the TAC, as soon as possible.
4. Advise the Authority board that it has assumed the responsibility on behalf of its municipalities for securing adequate future water supplies in a manner accountable only to its Cities' users. It may thus fully replace MPWMD in that role within the Cities. In this regard, MPWMD may not impair the Authority or its member Cities in securing adequate water supplies. Consequently, all discussions with MPWMD and other regional water entities and interests must be maintained at "arms length."
Attorney Glenn states “These recommendations are offered to assist you and the Authority in initially avoiding a Government Code § 1 099 quo warranto action under the auspices of the California Attorney General. They are also intended to eliminate related complications in any future litigation involving the Authority and MPWMD, MCWRA or others.” Attorney Glenn’s letter is embedded.
THE THOMPSON LAW OFFICE
Attorney Richard G. Glenn Letter to MPRWA Attorney Don Freeman
Re: Monterey Peninsula Regional Water Authority (Authority) Issues

ADDENDUM:
LIQUID BORDERS 
Lawyers tussle over the role of the Peninsula mayors’ authority in the desal mess.
By Kera Abraham
Thursday, November 1, 2012

Sunday, October 28, 2012

Supervisor Jane Parker: ‘…the County maintains that the desalination plant should be publicly owned in accordance with County Code in which case this shared Governance Committee would be unnecessary' & Supervisor Louis R. Calcagno: ‘…what we are doing is circumventing them (MPWMD) and creating an authority to overpower them…We are just creating another layer of government’

ABSTRACT: During deliberation on Agenda Item 1. Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority at a Special Meeting of the Monterey County Board of Supervisors on September 28, 2012, Supervisor Jane Parker and Supervisor Louis R. Calcagno made comments. Highlights of comments made by Supervisors Jane Parker and Louis R. Calcagno are presented. The Board of Supervisors unanimously approved creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority; the Board Order is embedded.

Supervisor Jane Parker – District 4

“If this Governance Committee is adopted by the PUC as the best structure for public representation, the County will gladly participate. However, the County maintains that the desalination plant should be publicly owned in accordance with County Code in which case this shared Governance Committee would be unnecessary.”

Supervisor Louis R. Calcagno - District 2

“As long as we have the right at any time to remove ourselves from this authority, I can support it to get us past this hurdle that the Monterey Peninsula has in front of them…But at any one time, if I see that 2C water is in jeopardy or that I see financially it is taking a hunk out of the Supervisors budget, I would be the first to lead a charge to say that we are going to back away from it because our experience in the past has not been really good on this issue. I know people do not like me to say this and the Monterey Peninsula people do not want to hear it, but I will say that you have a water management district that was set up to take care of this duty from the beginning. And if the right people are not elected, you should have the right people elected. What we are trying to do is circumvent that body continually, and I can understand there is a feeling against it, but what we’re doing is we’re circumventing them and creating an authority to overpower them. You’ve got it in place. You’ve got a water management district that has all the authority in the world. We are just creating another layer of government and it has bothered me from the beginning that we have to do that…But you’ve got a group of mayors that feel that they need to take the authority I think they should be going in front of the water management district and basically telling the water management district ‘this is what you are going to do water management district and this is how you are going to do it. We’re the mayors and we are calling the shot here and you are representing us,’ buy we are not doing that and we keep berating ourselves on the Monterey Peninsula from that body. And as long as we do that we are probably going to have problems. But I will go ahead and support it with concerns and like I say if I see that it infringes on 2C water in any way, I will be the first to raise a charge against it.” 

Note: 2C water
Cal-Am’s current application proposes to locate the Monterey Peninsula Water Supply Project (desal project) within the Salinas Valley Zone 2C basin.
Monterey County Board Order

ADDENDUM: 

Special Meeting – Board of Supervisors Friday, September 28, 2012 00 hour 32 minutes

Monterey Peninsula Water Management District

Thursday, September 27, 2012

MONTEREY COUNTY BOARD OF SUPERVISORS: 28 September 2012 Special Meeting to Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority

RELATED NEWS ARTICLE: Supervisors approve public participation proposal for water project County, two agencies agree, JIM JOHNSON Herald Staff Writer, 09/28/2012
Excerpts Highlights: 
A public participation proposal aimed at providing more oversight of California American Water's Peninsula water supply project was unanimously approved by the Board of Supervisors during a special session Friday.
Once the proposal is submitted to the CPUC, Cal Am has until Oct. 25 to respond.


ABSTRACT: The Monterey County Board of Supervisors (Chair Dave Potter - District 5; Vice-Chair Fernando Armenta - District 1; Supervisor Louis R. Calcagno - District 2; Supervisor Simón Salinas - District 3 and Supervisor Jane Parker - District 4) have scheduled a Special Meeting on Friday, September 28, 2012 at 9:00 A.M. to Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority. The Report RECOMMENDATION of Charles J. McKee, County Counsel for the County of Monterey: It is recommended that the Board of Supervisors approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority (MPRWA). The Final Meeting Agenda and Legislation Details (With Text) are embedded.


Monterey County Board of Supervisors Agenda 09-28-12 -
Meeting Agenda – Final
Friday, September 28, 2012 9:00 AM


Approve creation of and membership on the Governance Committee of the MPRWA 09-28-12 -
Legislation Details (With Text)
Title: Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority.

ADDENDUM:
COUNTY OF MONTEREY – BOARD OF SUPERVISORS
SPECIAL MEETING 09/28/12 9:00 A.M.

Wednesday, September 05, 2012

SCENIC ROAD: Effective 5 September 2012 One-Way Highway from the Carmel-By-the-Sea City limit, located 360 feet west of the intersection with Martin Way, to the Intersection with Carmelo Street in the Unincorporated Area of the County of Monterey




Scenic Road @ Santa Lucia Avenue Signage and Pavement Arrows




Scenic Road @ Martin Way Signage and Pavement Arrow

ABSTRACT: On June 26, 2012 Monterey County Supervisors Armenta, Calcagno, Salinas, Parker, and Potter passed and adopted Ordinance 5202 amending section 12.16.010 of the Monterey County Code to establish Scenic Road as a one-way highway from the Carmel-By-the-Sea City limit, located 360 feet west of the intersection with Martin Way, to the intersection with Carmelo Street in the unincorporated area of the County of Monterey and repealing a paragraph of section 12.16.010 that designated a portion of Scenic Road as a one-way highway only on July 4 annually. Implementation with signage configuration was installed at the following intersections along Scenic Road, consistent with State traffic guidelines: Santa Lucia Avenue, Martin Way, Ocean View Avenue (north/south), Stewart Way, Isabella Avenue, Valley View Avenue and went into effect on Wednesday, September 5, 2012. Supporting materials, including Monterey County Board Order, ORDINANCE NO. 5202 AN ORDINANCE OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, AMENDING SECTION 12.16.010 OF THE MONTEREY COUNTY CODE RELATING TO ONE-WAY COUNTY HIGHWAYS and STAFF REPORT, including EXHIDIT A PROJECT DISCUSSION, EXHIDIT B DRAFT RESOLUTION, EXHIBIT 1 and EXHIBIT C, are embedded.
Monterey County Board Order
ORDINANCE NO. 5202 AN ORDINANCE OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, AMENDING SECTION 12.16.010 OF THE MONTEREY COUNTY CODE RELATING TO ONE-WAY COUNTY HIGHWAYS
Scenic Road (PLN120123) Coastal Administrative Permit and Design Approval to allow the installation of traffic controls (signage and striping) to change Scenic Road (a County maintained road) to one-way traffic on the County portion of roadway from Martin Way to Carmelo Street.

Tuesday, July 31, 2012

Monterey County vs. Cal-Am: Monterey County Code Chapter 10.72 and Section 10.72.030B

ABSTRACT: On 26 June 2012, the Monterey County Board of Supervisors authorized County Counsel Charles McKee “to initiate litigation against Cal Am seeking declaratory relief on the county's desal ordinance” in response to a 21 June 2012 letter from attorney Robert R. Moore, Allen Matkins Leek Gamble Mallory & Natsis LLP Attorneys at Law, representing California-American Water Company ("CAW"), Re: Monterey County Code Chapter 10.72 and Section 10.72.030B. The letter states, in part, “CAW asserts that Monterey County Code Chapter 10.72 and Section 10.72.030B are invalid as applied to CAW. CAW is a CPUC-regulated water utility and a public water system that is regulated by the California Department of Public Health. As such, Chapter 10.72 is not enforceable against CAW.” Moreover, “Because CAW is a privately owned public water system regulated by the CPUC, Chapter 10.72 is not enforceable with respect to CAW because it is expressly preempted by Article XII, Section 8 of the California Constitution. The State has fully occupied the field of regulation of privately owned water utilities. The California Constitution provides for the creation of the CPUC and confers jurisdiction over water corporations to the CPUC.” The letter is embedded.
Allen Matkins 21 June 2012 Letter to County Counsel Charles McKee
Re: Monterey County Code Chapter 10.72 and Section 10.72.030B

REFERENCE: Monterey County seeks court ruling on desal ownership ordinance, JIM JOHNSON Herald Staff Writer, 06/26/2012

ADDENDUM:
MONTEREY COUNTY CODE

Chapter 10.72 - DESALINIZATION TREATMENT FACILITY

10.72.030 - Operation permit process.
All applicants for an operation permit as required by Section 10.72.010 shall:

B. Provide assurances that each facility will be owned and operated by a public entity.

Tuesday, June 26, 2012

MONTEREY COUNTY BOARD OF SUPERVISORS: Consider adoption of an ordinance amending section 12.16.010 of the Monterey County Code to establish Scenic Road as a one-way highway from the Carmel-By-the-Sea City limit to the intersection with Carmelo Street in the unincorporated area of the County of Monterey

ABSTRACT: The Monterey County Board of Supervisors was scheduled to Consider adoption of an ordinance amending section 12.16.010 of the Monterey County Code to establish Scenic Road as a one-way highway from the Carmel-By-the-Sea City limit, located 360 feet west of the intersection with Martin Way, to the intersection with Carmelo Street in the unincorporated area of the County of Monterey and repealing a paragraph of section 12.16.010 that designated a portion of Scenic Road as a one-way highway only on July 4 annually today. SUMMARY/DISCUSSION: On June 12, 2012, the Board introduced, waived the reading, and set today's date and time to consider adoption of the ordinance for a one-way highway on a portion of Scenic Road. The County has received multiple public requests for one-way traffic on Scenic Road for public safety because of pedestrian traffic and erosion to the hillside that supports the roadway. On January 25, 2012, a well attended public meeting was held and the proposal to change to one direction was nearly unanimous. A Coastal Administrative Permit to allow the installation of traffic controls to change the relevant portion of Scenic Road to one-way traffic was approved by the County on March 14, 2012. Attachments are embedded.

Monterey County
Monterey County Government Center
Board Chamber
168 W. Alisal St. 1st Floor
Salinas, CA 93901

Meeting Agenda - Final-revised
Tuesday, June 26, 2012

Board of Supervisors
Chair Dave Potter - District 5
Vice-Chair Fernando Armenta - District 1
Supervisor Louis R. Calcagno - District 2
Supervisor Simón Salinas - District 3
Supervisor Jane Parker - District 4

Board of Supervisors Meeting Agenda - Final-revised June 26, 2012

10:30 AM - Reconvene

Roll Call

Scheduled Matters

18. Consider adoption of an ordinance amending section 12.16.010 of the Monterey County Code to establish Scenic Road as a one-way highway from the Carmel-By-the-Sea City limit, located 360 feet west of the intersection with Martin Way, to the intersection with Carmelo Street in the unincorporated area of the County of Monterey and repealing a paragraph of section 12.16.010 that designated a portion of Scenic Road as a one-way highway only on July 4 annually.

12:00 PM Recess to Lunch

ORDINANCE
LOCATION MAP
PROPOSED ONE-WAY MAP

ADDENDUM: Videos of Board of Supervisors Meetings

Tuesday, June 05, 2012

MONTEREY COUNTY BOARD OF SUPERVISORS: Set Hearing to consider adoption of an Ordinance amending section 12.16.010 of the Monterey County Code to establish Scenic Road as a one-way highway

ABSTRACT:   Monterey County Staff has recommended that the Board of Supervisors “introduce, waive the reading, and set June 26, 2012 at 10:30 a.m., as the date and time to consider adoption of an ordinance amending section 12.16.010 of the Monterey County Code to establish Scenic Road as a one-way highway from the Carmel-By-the-Sea City limit, located 360 feet west of the intersection with Martin Way, to the intersection with Carmelo Street in the unincorporated area of the County of Monterey and repealing a paragraph of section 12.16.010 that designated a portion of Scenic Road as a one-way highway only on July 4 annually” (File #: ORD 12-015). The Ordinance, Location Map, Proposed One-Way Map and Legislation Details (With Text) are embedded.
Ordinance
Location Map
Proposed One-Way Map
Legislation Details (With Text) 


ADDENDUM:
Videos - Board of Supervisors

Sunday, January 22, 2012

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

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

COLDWELL BANKER
DEL MONTE REALTY


PROPERTY 24945 Valley Way
Carmel, Ca 93923

PRICE $6,500,000

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

DESCRIPTION
Hacienda Canada De La Segunda – Potential Galore in Carmel

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

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

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

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

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

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



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


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


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

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

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

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

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

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


MLS Listings
Property Detail

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

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

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

Tim Allen Properties
Coldwell Banker Previews International


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

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

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

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

Monday, November 14, 2011

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

UPDATE:
MONTEREY COUNTY BOARD OF SUPERVISORS

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

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

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

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

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

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

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

ABSTRACT: On Tuesday, 15 November 2011 at 1:30 P.M., the Monterey County Board of Supervisors is scheduled to hold a Public Hearing for the purpose of considering Disapproval of proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120--Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and Denial of the application for (PLN070497 - Rigoulette [Villas de Carmelo], 24945 Valley Way, Carmel, Carmel Area Land Use Plan). Staff recommends that the Board of Supervisors adopt a resolution to: Disapprove proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to establish a High Density Residential (HDR) land use designation and HDR zoning district, and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre); and Deny application (Rigoulette (Villas de Carmelo)/PLN070497) for a Combined Development Permit to allow a 46 unit residential condominium project. The pertinent part of the AGENDA is reproduced; the Staff Report and Draft Resolution are embedded. DECISION: NOW, THEREFORE, based on the above findings and evidence, the Board of Supervisors does hereby:
a. Disapprove the proposed LCP Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan, Chapter 20.146.120 (Land Use and Development Standards), and the recommend certification by the California Coastal Commission; and
b. Deny the proposed condominium project; (PLN070497) known as the Modified Design Alternative (identified as Alternative 4 in the EIR ); to include: 1) Standard Subdivision for a Vesting Tentative Map to subdivide 3.68 acres in to 46 condominium parcels and common open space; 2) Coastal Development Permit to allow alterations to two historic structures including : a) converting the former convalescent hospital into nine condominium units with underground parking, recreation room, storage, and a gym; and b) converting an existing garage/shop building into three condominium units; 3) Coastal Administrative Permit to demolish one existing structure and construct eight new buildings consisting of 34 units for a total of 46 condominium units ; 4) Coastal Development Permit to allow development on slopes of 30% or greater; 5) Coastal Development Permit to allow the removal of up to 97 trees (21 coast live oak and 76
Monterey pines); 6) Design Approval and approximately 13,500 cubic yards of grading. Note: Live & Archived Board of Supervisors Meetings Video & MP3 Audio

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

AGENDA


1:30 P.M. RECONVENE

MONTEREY COUNTY BOARD OF SUPERVISORS

ROLL CALL

SCHEDULED MATTERS


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

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

MONTEREY COUNTY BOARD OF SUPERVISORS
Staff Report


Villas De Carmelo Resolution Board of Supervisors OCR Document

Exhibit A
RESOLUTION

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

Friday, October 07, 2011

MONTEREY COUNTY BOARD OF SUPERVISORS: Villas de Carmelo Public Hearing, Tuesday, October 11, 2011 @ 1:30 P.M.

UPDATE III: Panel to reject condo plan
By JIM JOHNSON Herald Staff Writer, 10/12/2011


UPDATE II(11 October 2011):
ROLL CALL
Present: Supervisors Armenta, Calcagno, Salinas, Parker, Potter

SCHEDULED MATTERS
S-2 Public Hearing to:
a. Consider proposed Local Coastal Plan (LCP) Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to include a High Density Residential (HDR) land use designation and HDR zoning district and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre) and submit the amendments to the California Coastal Commission for certification;
b. Consider certification of the Environmental Impact Report; and
c. Consider the application (Rigoulette (Villas de Carmelo)/PLN070497) for a Combined Development Permit to allow a 46 unit residential condominium project and continue the hearing on the Combined Development Permit until after the Coastal Commission acts on the proposed amendments.

Motion by Supervisor Potter to deny the project, seconded by Supervisor Salinas, 5-0.

HIGHLIGHTS:
• Twenty-six members of the public commented, including but not limited to, Sean Conroy (Planning & Building Services manager, City of Carmel-by-the-Sea), Lucinda Lloyd, Mark McDonald, Christine Jensen, Richard Warren, Barbara Warren, Mark Bayne, Pam Gillooly, Beverly Boardman, Donna Dougherty, Yoko Whitaker, Lois Roberts, Christine Williams, Wayne Iverson, Michael LePage (Vice President, CRA), Carol Stollorz, Amy White (Director, Land Watch), Barry Kohler, Tracy Manning plus SOCNC attorney Molly Erickson. All except two public speakers spoke in opposition to the LCP Amendments and project.
• SOCNC attorney Molly Erickson addressed the following issues: Villas de Carmelo is inconsistent with the neighborhood and Local Coastal Plan; project has no legal water supply given the CDO against CalAm, PUC Moratorium prohibits new and intensified connections with zoning changes; project does not meet inclusionary housing mandate of very low and low income affordable housing; strong opposition to project from City of Carmel-by-the-Sea, Carmel Woods Neighborhood Association and Save Out Carmel Neighborhoods Coalition.
• Supervisor Dave Potter stated that his decision to deny the LCP Amendments and project was based on three issues namely traffic, zoning and water. Regarding traffic, Potter objected to Widewaters consultant’s characterization of segments of Highway One as an “urban roadway,” as opposed to a “highway.” The designation of “highway” yielded a LOS of F, whereas the designation of “urban roadway” yielded a LOS of E. Regarding zoning, Potter stated that zoning has to be “appropriate” and property owners have the expectation of the current MDR/2 zoning, not HDR/12.5. And regarding water supply, he cited the Cease and Desist Order by the State Water Resources Control Board against CalAm which should be respected. Potter further objected to the applicant’s characterization of the project as “in-fill” development.
• Chair/Supervisor Jane Parker stated her concerns about the project not meeting the County’s requirements for affordable housing (6% very low income: 6% low income: 8% moderate income), the CDO and the legal risks to the County if approved.
• Supervisors’ consensus on a “starting point” for Widewaters Group is Alternative 8 (EIR) which maintains MDR zoning for parcel except HDR zoning for existing hospital building to allow nine units in the existing historic hospital building.

Supervisors directed Staff to prepare findings for denial of the project for the Board of Supervisors' 15 November 2011 meeting at 1:30 P.M.

UPDATE I: Opponents say they have 'silver bullet' to stop hospital condos, CHRIS COUNTS, The Carmel Pine Cone, October 7, 2011

ABSTRACT: The Monterey County Board of Supervisors (Fernando Armenta, Louis Calcagno, Simon Salinas, Jane Parker and Dave Potter) is scheduled to conduct a Public Hearing on Villas de Carmelo on Tuesday, October 11, 2011 at 1:30 P.M. at the County Government Center, 168 W. Alisal Street, 1st Floor, Salinas, to:
a. Consider adoption of resolution of intent to approve proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to include a High Density Residential (HDR) land use designation and HDR zoning district and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre) and submit the amendments to the California Coastal Commission for certification;
b. Consider certification of the Environmental Impact Report; and
c. Consider the application (Rigoulette (Villas de Carmelo)/PLN070497) for a Combined Development Permit to allow a 46 unit residential condominium project and continue the hearing on the Combined Development Permit until after the Coastal Commission acts on theproposed amendments.
Staff recommends that the Board of Supervisors:
a. Consider adoption of resolution of intent to approve proposed amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan to include a High Density Residential (HDR) land use designation and HDR zoning district and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre) and submit the amendments to the California Coastal Commission for certification;
b. Await certification of the Environmental Impact Report until after the California Coastal Commission acts on the LCP Amendments; and
c. Consider application for a Combined Development Permit to allow a 46 unit residential condominium project and continue the hearing on the Combined Development Permit until after the Coastal Commission acts on the proposed amendments.
The Agenda is reproduced and the Board Report and Exhibits A – H are embedded.
Note: Monterey County Board of Supervisors Meeting Video & MP3 Audio (Live & Archived)

MONTEREY COUNTY BOARD OF SUPERVISORS
TUESDAY, OCTOBER 11, 2011 9:00 AM
County Government Center, 168 W. Alisal St., 1st Floor
Salinas, CA 93901


AGENDA

1:30 P.M. RECONVENE

MONTEREY COUNTY BOARD OF SUPERVISORS


ROLL CALL

SCHEDULED MATTERS


S-2 Public Hearing to:
a. Consider proposed Local Coastal Plan (LCP) Amendments to the Carmel Area Land Use Plan and Coastal Implementation Plan (Chapter 20.146.120-- Land Use and Development Standards) to include a High Density Residential (HDR) land use designation and HDR zoning district and to change the existing designation and zoning on a 3.68 acre site from MDR/2 (Medium Density Residential/2 units per acre) to HDR/12.5 (High Density Residential/12.5 units per acre) and submit the amendments to the California Coastal Commission for certification;
b. Consider certification of the Environmental Impact Report; and
c. Consider the application (Rigoulette (Villas de Carmelo)/PLN070497) for a Combined Development Permit to allow a 46 unit residential condominium project and continue the hearing on the Combined Development Permit until after the Coastal Commission acts on the proposed amendments.

ADJOURNMENT

Villas de Carmelo Board Report 10-11-11

Board Report

Villas de Carmelo Exhibit A Discussion

Exhibit A - Discussion

Villas de Carmelo Exhibit B Draft Resolution of Intent to Approve LCP Amendments

Exhibit B - Draft Resolution of Intent to Approve LCP Amendments

Villas de Carmelo Exhibit C Applicant's Recommended LCP Amendments

Exhibit C - Applicant's Recommended LCP Amendments

Villas de Carmelo Exhibit D Carmel Area Vacant Parcels Map

Exhibit D - Carmel Area Vacant Parcels Map

Villas de Carmelo Exhibit E Planning Commission Resolutions A _project_ _ B _LCP Amendments for 31 August 2011

Exhibit E - Planning Commission Resolutions A (project) & B (LCP Amendments for August 31, 2011)

Villas de Carmelo Exhibit F Letters MPWMD_ Stamp_ Zischeke_ SWRCB

Exhibit F - MPWMD Letter dated June 29, 2011, Stamp Letter dated August 16, 2011, Stamp Letter dated July 8, 2011, SWRCB Letter dated August 10, 2011, Jacqueline Zischeke Letter dated August 25, 2011, and SWRCB Letter dated August 30, 2011

Villas de Carmelo Exhibit G Monterey County Growth Management Policy

Exhibit G - Appendix A Monterey County Growth Management Policy

Villas de Carmelo Exhibit H Plans for Modified Alternative

Exhibit H - Plans for Modified Alternative (Identified as Alternative 4 in the EIR)