‘Carmel Highlands:’ ‘The “Apology” – for its insincerity, for failing to address points brought up widely by the community And communication via me - is – UNACCEPTABLE!’

ABSTRACT: Pursuant to a public records act request for “Electronic copies of ALL public records, including records provided to the media, regarding the “Carmel Highlands”/Harary/Rerig matter between February 3, 2019 and the present, including but not necessarily limited to:
“Carmel Highlands” Complaint (February 3, 2019)
Robert Harary Response (February 11, 2019)
“Carmel Highlands” Response (February 11, 2019)
Chip Rerig Apology (February 12, 2019)
Robert Harary Apology (February 21, 2019)
“Carmel Highlands” Response to Apology (February 21, 2019)
the City provided the following response; document copies are embedded, in chronological order.

City Response to Public Records Act Request

State of California, Department of Industrial Relations, Division of Occupational Safety and Health Complaint No. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY- SUPPLEMENT TO CITY RESPONSE DATED MAY 31, 2018

ABSTRACT: RE: Complaint No. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY
SUPPLEMENT TO CITY RESPONSE DATED MAY 31, 2018 and May 7, 2018 email from Robert M. Harary, PE, Director of Public Works, to Kelly Tatum, District Manager, document copy is embedded.


May 7, 2018 email from Robert M. Harary, PE, Director of Public Works, to Kelly Tatum, District Manager, document copy is embedded.
Complaint No. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY- SUPPLEMENT TO CITY RESPONSE DATED MAY 31, 2018

THE CITY OF CARMEL-BY-THE-SEA, CALIFORNIA REQUEST FOR: STATEMENT OF QUALIFICATIONS For ARCHITECTURAL, ENGINEERING, MUNICIPAL ADMINISTRATION & OTHER PROFESSIONAL SERVICES For the Term October 1, 2017- June 30, 2019

ABSTRACT: THE CITY OF CARMEL-BY-THE-SEA, CALIFORNIA REQUEST FOR: STATEMENT OF QUALIFICATIONS For ARCHITECTURAL, ENGINEERING, MUNICIPAL ADMINISTRATION & OTHER PROFESSIONAL SERVICES For the Term October 1, 2017- June 30, 2019, Approved: Robert M. Harary, P.E., Director of Public Works, document copy is embedded. “The City is now requesting new SOQs from qualified consultants to provide architectural, engineering, environmental, financial, human resources administration, planning, and various other professional services for the term, October 1, 2017 through June 30, 2019, to facilitate the implementation of the City's Capital Improvement Program (CIP), and to support a variety of other municipal services, programs, and initiatives.” SERVICE AREAS include Architecture, Building Code Plan Check and Inspection Services, Civil Engineering ((Roadways, Drainage, and Pavement), Construction Management and Inspection Services, Electrical Engineering, Environmental Services, Financial Services, Geotechnical Engineering, Geologic, Geomorphic, and Materials Testing Services, GIS and Asset Management, Hazardous Material Testing and Monitoring Services, Human Resources Administration, Landscape Architecture and Arboricultural Services, Mechanical Engineering, Network System Services, Planning Services, Public Relations/Outreach, Graphics Design Structural Engineering, Surveying, Mapping, and Right-of-Way Engineering and Traffic Engineering. Regarding evaluation and ranking of Service Areas, If funding becomes available for a project, municipal program, or other initiative, and the City determines that consulting services are required, the SOQs corresponding to the applicable Service Area will be reviewed and ranked at that time. If funding does not become available during the October 1, 2017 to June 30, 2019 term, the applicable Service Area SOQs may never be reviewed, nor ranked.” “Submittals will be accepted from 8:00 am to 5:00 pm, Monday through Friday, until Friday, September 29, 2017. Submittals should be delivered to the City of Carmel, Public Works Department at Junipero, 2 SE of 4th Avenue, Carmel, CA 93921, or mailed to P.O. Box CC, Carmel, CA 93921.”

SOQ for Municipal Services 08-22-2017 by L. A. Paterson on Scribd

STATEMENT OF QUALIFICATIONS PACKAGE FOR ARCHITECTURAL, ENGINEERING, MUNICIPAL ADMINISTRATION AND OTHER PROFESSIONAL SERVICES
Approved: Robert M. Harary, P.E.
Director of Public Works
August 22, 2017

City of Carmel by the Sea Employment Opportunity: Director of Public Works

ABSTRACT: The City posted a Job Announcement for City of Carmel by the Sea Employment Opportunity Director of Public Works @ CalOpps.org.  The City is accepting application materials for Director of Public Works through midnight, Sunday, May 7, 2017.  To qualify, you will need to possess any combination of experience and training as follows:

·         Five years of responsible experience in municipal public works including three years of manage­ment and supervisory experience. 

·         Equivalent to a Bachelor's degree from an accredited college or university with major course work in civil engineering or a related field.

·         Possession of, or ability to obtain, registration as a Professional Engineer in the State of California.

To be considered for this opportunity, submit an application, cover letter, resume and a list of five (5) professional references that will not be contacted until mutually agreed upon.

FORMER DIRECTOR OF PUBLIC WORKS ROBERT MULLANE’S SEVERANCE PAY: $81,585.00

ABSTRACT: Former Director of Public Works Robert Mullane’s EMPLOYMENT AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA and ROBERT MULLANE, dated October 1, 2015, states, in part, as follows: SEVERANCE PAY A. Except as provided in paragraph S.B. of this Agreement, if EMPLOYEE is terminated by the CITY ADMINISTRATOR while still willing and able to perform the duties of Director of Public Works, CITY agrees to pay EMPLOYEE a cash payment equal to six {6) months of the then current, aggregate salary. Said cash payments may be paid, at the option of the EMPLOYEE in: 1) lump sum upon date of termination; 2) lump sum on January 1 of the calendar year following termination; or 3) six equal monthly installments. Such payment shall release the CITY from any further obligations under this Agreement. SALARY A. The CITY agrees to pay EMPLOYEE ROBERT MULLANE, $155,400.00 in salary per annum for his services, payable in installments at the same time as other employees of the CITY are paid, and subject to customary withholding.  Robert Mullane’s SEVERANCE PAY totaled $81,585.00, according to the City’s Robert Mullane Earnings document, per public records act request (Rate Distribution 78.4471, $163,169.68/year). Mullane’s EMPLOYMENT AGREEMENT, Earning document For Period 02/01/17 - 04/06/17 and Rob Mullane, AICP, Public Works Director,
Letter of Resignation, March 15, 2017, document copies are embedded

Mullane Employment Agreement 2015 Redacted by L. A. Paterson on Scribd

ROBERT MULLANE

EMPLOYMENT AGREEMENT

City of Carmel-by-the-Sea

DIRECTOR OF PUBLIC WORKS

October 1, 2015

Mullane Employee Detail History by L. A. Paterson on Scribd

ROBERT MULLANE

EARNINGS

For Period 02/01/17 - 04/06/17

Mullane Resignation Letter 03-15-17_Redacted by L. A. Paterson on Scribd

Rob Mullane, AICP, Public Works Director
SUBJECT: Letter of Resignation
DATE: March 15, 2017

2008: End of Year Assessment

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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