ATTORNEY FOR CLAIMANT: "CARMEL...breached its duties, acted negligently, and/or acted or failed to act, in violation of applicable statues,..."

The latest indication that our streets, roads and avenues are not being adequately maintained by the City of Carmel-by-the-Sea. With a $12 million annual budget and nearly $10 million in reserves, there is no excuse for the poor condition of our transportation infrastructure.

City Council Agenda
Regular Meeting
January 9, 2007

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

I. Deny and Refer Claim for Damages – Lisa Michelle Parker.


Meeting Date: January 9, 2007
Prepared by: Jane Miller, Human Resources Manager
City Council
Agenda Item Summary

Name: Deny and Refer Claim for Damages – Lisa Michelle Parker

Description: On November 28, 2006, Michele Kennedy, attorney for Lisa Michelle Parker, submitted a claim on behalf of her client, alleging injury and damages in connection with a bicycle accident on a city street.

Pursuant to City Policy C95-01, claims against the City, which exceed $50,000, are presented to the City Council for consideration and action.

City Funds: Amount claimed: “Unlimited”

Staff Recommendation: Deny the claim and refer to the City’s insurance carrier.

Important Considerations: Once a claim has been filed for damages against the City of Carmel-by-the-Sea, the City has 45 days to take an action. The City’s insurance carrier, St. Paul Travelers, will further review the claim.

Decision Record: None previous

Reviewed by:

______________________________ ___________________
Rich Guillen, City Administrator Date


CLAIM AGAINST CITY OF CARMEL

TO: CITY OF CARMEL

PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE, SECTION 910, et seq. YOU ARE HEREBY NOTIFIED THAT LISA MICHELLE PARKER MAKES A CLAIM AGAINST THE CITY OF CARMEL FOR DAMAGES AND MAKES THE FOLLOWING STATEMENTS IN SUPPORT OF THE CLAIM:

1. The name and post office address of the Claimant is:

Lisa Michelle Parker
3340 Rio Road
Carmel, CA. 93921

2. Claimant requires notices concerning the claim to be sent to:

Michele C. Kennedy, Bar No. 103731
Spiering, Swartz & Kennedy
350 Hartnell Street, Suite A-1
Monterey, CA. 93940
Ph: (831) 373-323
Fax: (831) 373-8211

3. The date, place and circumstances of the occurrence giving rise to this claim is:

On July 3, 2006, at approximately 10:00 a.m. Lisa Michelle Parker, was riding her bicycle, on 10th Avenue in the area of Carmelo and Camino Real Avenue. The front tire of her bicycle caught in a hole in the road, throwing her forward over the handlebars and onto the road.

AT ALL TIMES HEREIN,

CITY OF CARMEL had ownership, an easement, authority, management, control and/or possession of the property where the incident occurred.

CITY OF CARMEL had a duty to plan, design, construct, maintain, inspect, supervise, review, and repair the property where the incident occurred so that it was safe and in compliance with all applicable laws and regulation. This duty included causing others to perform said work so that the property was in a safe condition and in compliance with all applicable laws and regulations.

CITY OF CARMEL had actual notice and/or constructive notice of the dangerous condition of the property where the incident occurred.

CITY OF CARMEL had a duty to warn all foreseeable users of said property of any dangerous conditions on the property such as those conditions that existed at the time of this incident.

CITY OF CARMEL created said condition, failed and/or refused to plan, design, construct, maintain, inspect, supervise, review and/or repair, the property where the incident occurred so that it would be safe and comply with all applicable laws and regulations. CITY OF CARMEL also failed and/or refused to warn the foreseeable users of the dangerous condition of said property.

AT ALL TIMES HEREIN, CITY OF CARMEL, through its agents, employees and/or contractors, breeched its duties, acted negligently, and/or acted or failed to act, in violation of applicable statutes, ordinances, regulations, specifications, and/or laws [collectively referred to as “laws”] of the CARMEL, State of California, United States.

The acts, or failures to act, by the CITY OF CARMEL, through its agents, employees pr contractors, constituted negligence and negligence per se. among other causes of action.

4. General description of indebtedness, obligation, expense, injury, damage or loss incurred due to the alleged occurrence or incident, so far as may be known at this time:

Ms. Parker suffered an closed head injury/post concussion syndrome, neck, left shoulder and back injury, fractured right hand, among other injuries.

5. The name or names of public employees causing injury, damage or loss if known:

Unknown.

6. Amount claimed: This is an unlimited case.

Respectfully submitted,

Dated 27 November 2006 SPIERING, SWARTZ & KENNEDY


MICHELE C. KENNEDY,Attorney for Claimant, Lisa Michelle Parker

Failure to Respond: Sean Conroy, Senior Planner

A Carmelite emailed the following to Sean Conroy, Senior Planner on 12 December 2006:

Given that the Carmel-by-the-Sea Municipal Code does not allow for the approximately 50 lights installed in the medians on Ocean Av. between Monte Verde St. and Junipero Av. and given that the City’s Contract Code Enforcement Officer David Wright wrote “only Christmas lights were allowed in the commercial district during the holidays,” what action is the Planning Department intending to take with regard to the lights? Are you writing an amendment or addition to the Municipal Code to be placed on an upcoming public hearing with the intent of retroactively approving the lights or are you recommending the removal of the lights until public hearings are held, and only then if lights are approved, changes to the Municipal Code and an LCP amendment reflecting the lawful nature of the lights in the medians on Ocean Avenue?

Thank you for your time and response.

REFERENCES:

Carmel-by-the-Sea Municipal Code

Chapter 15.36
ELECTRICAL CODE*
15.36.070 Lighting Requirements.

A. Commercial Buildings/Zones.
1. All light fixtures shall not be directed toward the public right-of-way.

2. Lighting intensity shall not exceed eight-candlefoot power at a point two feet beyond the storefront windows as measured in a vertical or horizontal plane three feet above the ground or public walking surface.

3. Lighting intensity within the interior of the store space shall not exceed 30-candlefoot power at any point visible from the public right-of-way as measured in a vertical or horizontal plane three feet above the floor or walking surface.

B. Residential Buildings/Zones.
1. All exterior lighting attached to the main building or any accessory building shall be no higher than 10 feet above the ground and not exceed 25 watts in power per fixture.

2. Landscape lighting shall not exceed 18 inches above the ground nor more than 15 watts per fixture and shall be spaced no closer than 10 feet apart. Landscape lighting shall not be used for tree, wall, fence or accent lighting of any type. The purpose of landscape lighting is to safely illuminate walkways and entrances to the subject property.

3. No exterior lighting is permitted upon City property and may not be directed toward City property.


CITY OF CARMEL-BY-THE-SEA
DESIGN REVIEW BOARD
MINUTES

Regular Meeting
28 August 2002

Herb Beckett
W/s Dolores between Ocean and 7th

Consideration of a Commercial Design Review application for exterior design changes consisting of artificial vines and flowers attached to store front, window frames in the Central Commercial (CC) District

David Wright presented the staff report that recommended denial. Herb Beckett appeared to compliment David on his professional approach in dealing with a difficult task. He explained that he decorated his store with seasonal flowers attached to the vine. Chairman Pro Tem Bartron asked Mr. Wright whether seasonal decorations were okay and Mr. Wright responded that only Christmas lights were allowed in the commercial district during the holidays.

Motion of LEPAGE/MANHA TO DENY THE APPLICATION AND REQUEST THAT THE DECORATIONS BE REMOVED BY SEPTEMBER 6 CARRIED ON THE FOLLOWING ROLE CALL VOTE:

AYES: BOARD MEMBERS: Bartron, Manha, and LePage

NOES: BOARD MEMBERS: None

ABSENT: BOARD MEMBERS: Campbell and Isakson


CONTRACT CODE ENFORCEMENT OFFICER: WRIGHT

COMMENT: No Response from Sean Conroy, Senior Planner

PART II (of II): Important Information All Carmelites Should Know About Our "Urbanized" Forest

Monterey Pine Trees At Sunset, Carmel-by-the-Sea, CA.

General Plan/Coastal Land Use Plan Open Space, Conservation & Scenic Highways Element
Supporting Information
Open Space

Existing City Owned Open Space. Several areas and blocks are reserved for park and open space purposes. Table 5.1 lists the existing publicly designated open space in Carmel. Nearly all the parks in Carmel are presently developed to serve the purpose of passive recreation. Figure 7.1 illustrates the location of existing open space areas in Carmel. These open spaces generally fall within the two City zoning designations, P-1 and P-2. These zoning designations regulate uses and protect their status as City open space.

Carmel's Urban Forest. Table 7.2 summarizes the increase in the overall urban forest on both private and publicly owned property as of 1987.

Forestry Management Plan. This Plan establishes criteria for the preservation of the health of all of the City owned trees and foliage within Carmel and specifies techniques for cutting, planting and other aspects of a proper maintenance schedule. Part of this plan inventory illustrates that despite the development which has occurred in Carmel over this past decade (1976-86) the supply of trees has not been adversely affected, but has been improved with younger, more vigorous members of the same species. As noted in the Forestry Management Plan, the City Forestry Department plants on an average of over five hundred trees per year.

Table 7.1: Carmel-by-the-Sea Recreation Facilities/Open Space
Facility--------Acreage-------Facilities/Use------------------ZoningDesignation

1. Carmel Beach 21.5 Swimming, picnicking, other beach related activities P-1

2. Mission Trail Park/Arboretum 35.0 Nature walks, jogging, picnicking, bicycling P-1

3. Devendorf Park .6 Picnic P-2

4. Forest Hill Park 2.4 Natural area, shuffleboard, clubhouse, horseshoe pits, par course physical fitness trail, children’s playground, tennis courts, restrooms P-2

5. Forest Theatre Theatre and park P-2

6. Piccadilly Park .09 Open space, benches CC

7. Landscaping and Mini Parks 66.9 33% of all streets All Zones

8. Vista Lobos 1.24 Meeting room, observation deck, mini park, public parking R-4

9. Rio Park 6.24 Open space, trails, ball field MDR (County Zoning)


Table 7.2: Number of Public and Private Trees in Carmel’s Urban Forest

Class----------Pine----------------Oak-------------Other------------Total----------
Year-------76-79--83-86----76-79--83-86----76-79--83-86----76-79--83-86
Diameter
2-6"-------1323--1833------2924---4412------6749---7377-----11006--13622
7-12"------1193--1366------3990---4474------1745---1272------6928---7112
13-18"-----1611--1882------2168---2108------531----236-------4310---4226
19-24"-----1639--1419-------461----367-------313-----75--------2413---1861
25-30"-----1160---948--------60-----58---------204-----45-------1424---1051
31-36"------627---462---------4-----11---------140-----19---------771----492
37-42"------242---187---------3------1----------65-----12---------310----200
43"+--------121---107---------0------2---------130-----20---------251----129

TOTAL----7916--8204------9620--11433-----9877---9056----27413--28693
% Change--------288------------+1813-------------821-----------+1280

Source: “A Guide to Management of Carmel’s Forests, Parks and Beaches”, 1981; City Forestry Department, 1987

NOTE: Table 7.2 Correction: “% Change” should read Number Change and Pine 83-86 % Change should read +288, not -288.

General Plan/Coastal Land Use Plan Coastal Resource Management Element
Carmel-by-the-Sea Page 5-23
Urban Forests, Parks and Open Spaces

G5-4 Preserve and enhance the City's legacy of an urbanized forest of predominantly Monterey pine, coast live oak and Monterey Cypress. (LUP)

O5-10 Maintain a Citywide map and database of trees and landscaped areas to support tree planting and maintenance programs. (LUP)

P5-53 Complete a Citywide survey and database update every four years. Compile the data by size of tree and species in an electronic format. Also survey replacement trees required by permit conditions of approval. Report survey information and the status of replacement trees to the Forest and Beach Commission and Planning Commission at the conclusion of each yearly survey. Continue to monitor replacement trees for at least one survey cycle (i.e., 4 years). (LUP)

COMMENTS & QUESTIONS:

• The City’s Local Coastal Program was certified in late 2004. Yet the figures in Table 7.2: Number of Public and Private Trees in Carmel’s Urban Forest date from 1976-1979 and 1983-1986. Why are the latest figures i.e., 1983-1986, 2 decades old? Do these 2 decades old figures accurately reflect the number of public and private trees in Carmel-by-the-Sea today?

• Given that the City’s Land Use Plan states that a report to the Forest and Beach Commission and the Planning Commission on tree survey information and the status of replacement trees is required “at the conclusion of each yearly survey,” why did a review of the Forest and Beach Commission and Planning Commission agendas for 2005 and 2006 yield no agenda items for this required LUP topic?

• The total number of acres designated as Carmel-by-the-Sea Recreation Facilities/Open Space is approximately 140 acres. Since 1 square mile, the approximate landmass of Carmel-by-the-Sea, is 640 acres, and the amount for streets is approximately 203 acres, then the amount of privately owned land is approximately 297 acres. Yet, the City removes approximately 125 trees on 140 public acres per year, while private owners remove approximately 20-40 trees on 297 acres per year.
(Reference: Table 7.1: Carmel-by-the-Sea Recreation Facilities/Open Space)
Note: Figure for street acreage estimate derived from Table 7.1, 66.9 acres represent 33% of all streets.)

• The City’s land Use Plan states, “As noted in the Forestry Management Plan, the City Forestry Department plants on an average of over five hundred trees per year;” within the last 10 years, the City of Carmel-by-the-Sea DOES NOT have a record of planting “over 500 trees per year!”

PART I (of II): Important Information All Carmelites Should Know About Our "Urbanized" Forest

General Plan/Coastal Land Use Plan Coastal Resource Management Element

Urbanized Forest, Parks and Open Spaces

Since the early 1900s Carmel’s forest has been carefully nurtured and enhanced. Monterey pines, Coast Live oaks and other trees were often planted when lots were first sold or developed in an effort to extend the forest cover and range. Over time, the resident’s ongoing interest in the forest and natural environment resulted in the adoption of ordinances, resolutions, policies and a Master Plan relating to trees. Taken together, these documents have successfully guided the City's tree program over the years. However, since the measures were adopted at different times to address separate concerns, they lacked a sense of overall cohesion. In order to meld these documents together, the first Forest Management Plan for the City of Carmel-by-the-Sea was adopted in 1971. In early 2001, the City updated the Forest Management Plan and incorporated it into the Local Coastal Program. (LUP)

Carmel's forest is an “urbanized” Monterey pine forest rather than an “urban” forest. “Urban” forests are planted after development and typically consist of single species, regularly spaced trees planted in a row between the sidewalk and the street. An “urbanized” forest exists before development and is characterized by its diversity in species, age and randomness in tree location resulting in meandering streets of varying width. (LUP)

To many, the “urbanized” forest is the character-defining feature that makes Carmel-by the-Sea so unique. The forest, along with the beach and ocean, is the City’s largest and most visible natural resource. Homes are nestled into the native Monterey pine and Coast Live oak on a grid of streets that yields to trees more than to engineering expediency. Upper canopy trees impart a distinctive ambiance and identity to the City. Lower canopy trees soften and provide screening of development. Together the mix of upper and lower canopy trees establishes a powerful sense of place. (LUP)

In a city with few formal street improvements or drainage systems, the “urbanized” forest also serves to convey runoff from the watershed to the beach and Carmel Bay through a variety of natural drainages, swales, and creeks. The forest performs the important functions of absorbing water from the soil, reducing runoff, filtering pollutants, and minimizing erosion. As such, the “urbanized” forest reduces the amount of polluted runoff and in large part, helps the City comply with the National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water permit regulations. (LUP)

In recent years, the Monterey Pine forest has suffered from a severe outbreak of pitch canker disease spreading throughout much of the City. The initial findings of a survey of the east side of town (east of Junipero Avenue) revealed that 50% of Carmel’s pines were infected with pitch canker and 2% of the standing trees were dead. The City has responded in the past by removing dead and dying trees and disposing of the infected materials. During the years of 1999 to 2001, the Forestry Department removed roughly 180 pitch canker-infected pines. Roughly 70% of those trees (125) were young trees 12”or less in diameter. Up to 70% of the younger trees east of Junipero Avenue now appear to be infected. Older trees are less susceptible to infection and only 30% of these are infected. (LUP)

The City’s Forest, Parks and Beach Department has an ongoing program of replacing dead and diseased pines on public property. The City also has been working on developing a disease-resistant pine and has been successful in planting 15 pines that have so far proved to be completely resistant to the disease. However, the loss of Monterey Pines due to pine pitch canker and other causes on private property continues to be an issue. (LUP)

The City of Carmel maintains an ongoing survey of trees by species and size, started in 1971. Since that time, the numbers of Monterey pines on public property declined roughly 2%, while the decline on private property has reached 10%. It is unclear whether pine pitch canker is entirely responsible for the decline on private property; there are many other factors including disease, development impacts, and old age. Though many large mature trees can probably survive pitch canker, given the age of the City’s Monterey pine forest, coupled with the susceptibility of young trees to the disease, the overall health of the City’s pine forest may be in jeopardy. As the number of Monterey Pines declined since 1971, the number of Coast Live Oaks increased 17% on private property and 40% on public property. The increase in oaks, dramatic as it may be, cannot offset the loss of Monterey pines, which impart a very different sense of place for the village. (LUP)

Steps must be taken to minimize the threat to existing healthy Monterey pines and new seedlings to ensure continued diversity in species, age, and location. This document includes policies to respond to this issue. Disturbance and/or removal of mature and disease resistant trees during construction or other development activities should be avoided. Permit conditions requiring replacement trees for those removed from private land should be monitored and enforced to ensure that the trees are healthy and reach maturity. Replacements should also be in like kind. It is essential that these and other policy directives be carried out to ensure that the Monterey pine forest landscape is protected so that the forested character of this unique coastal village is preserved. (LUP)

COMMENTS:
· “The City’s Forest, Parks and Beach Department has an ongoing program of replacing dead and diseased pines on public property.” (LUP) Yet the Forest and Beach Commission noted in March 2006 that since the fall of 2003, 350 trees had been removed and 95 dead and dying trees stood awaiting removal; only 92 trees had been planted by staff in the same time period.

· “The City of Carmel maintains an ongoing survey of trees by species and size, started in 1971.” (LUP) Yet the figures for the Number of Public and Private Trees in Carmel-by-the-Sea in the LUP (certified 2004) date from 1976-1979 and 1983-1986. Moreover, more recent survey results are not posted on the city’s web site.

Carmel-by-the-Sea Ordinance No. 96 (1929), Carmel-by-the-Sea Mayor Sue McCloud's Expectations for the City in 2007 & Comments

THE CITY OF CARMEL-BY-THE-SEA is hereby determined to be primarily, a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character; and that said determination is made having in mind the history and the development of said city, its growth and the causes thereof; and also its geographical and topographical aspects, together with its near proximity to the cities of Pacific Grove and Monterey and the businesses, industries, trades, callings and professions in existence and permissible therein.
Adopted by Ordinance No. 96 passed on this 5th day of June 1929

On 1 January 2007, The Monterey County Herald published responses from “top civic leaders” regarding their expectations for their respective cities in 2007.

RE: CRYSTAL BALL SHOWS BIG DOINGS FOR COUNTY
Mayors, supervisor optimistic in their predictions
Herald Staff Report

Carmel-by-the-Sea Mayor Sue McCloud’s expectations for the city in 2007:

“We need to update the historical context statement to deal with post-1940s buildings.”
Comment: At the 13 June 2006 Special City Council Meeting, an Order of Council was the “Consideration of a Resolution authorizing the City Administrator to sign a Consultant Services Agreement for an amount not to exceed $21,750 to retain the services of Archives and Architecture to prepare an update of the City’s Historic Context Statement for the 1940 through 1965 period.” The Consultant Services Agreement was dated 13 June 2006. Mayor McCloud pulled this item from the agenda without explanation. The update was to be completed “six months from the date of contract authorization” by Archives and Architecture.

“Working with other Peninsula cities on storm-water runoff and areas of sensitive biological significance.”
Comment: On the Consent Calendar of the 12 September 2006 City Council Meeting was the agenda item “Consideration of a Resolution agreeing to a payment of $125,000 to the Pebble Beach Company for legal costs associated with the Areas of Special Biological Significance Cease and Desist Order and approving a payment schedule.” The payment schedule included another $125,000, for a total of $250,000, will be paid to the Pebble Beach Company in Fiscal Year 2007/08. Apparently, Latham and Watkins, the law firm hired by Pebble Beach, appealed for a waiver on behalf of Carmel-by-the-Sea to avoid complying with the regulations. The waiver was denied. The city then decided to work with other Peninsula cities.
(Reference: http://www.montereycountyweekly.com/issues/Issue.09-28 2006/opinion/Article.squid_fry)

“Redefining historical preservation”
Comment: Historic preservation is delineated in the city’s Local Coastal Program (LCP); no redefining is necessary. However, knowledge of the historic preservation section of the LCP is required by City Council Members for their decisions to have credibility.

“New car show during Concours week, an opera festival is a possibility for the spring, and plans for a Carmel film festival should gain momentum.”
Comment: A Car Show, an Opera Festival and a Film Festival…all for the residents?

“Boosting tourism”
Comment: After 10 months, the City terminated Greg Sellers contract as the city’s Economic Development Coordinator. Now an ad hoc group is in charge of “boosting tourism.”

COMMENTS:
Are Mayor Sue McCloud’s “expectations” for the City of Carmel-by-the-Sea consistent with Carmel-by-the-Sea’s creed, Ordinance No. 96?

What “expectations” directly benefit Carmel-by-the-Sea residents?

Shouldn’t public safety i.e., IN SERVICE Fire Hydrants, trump any and all economic/commercial/business “expectations?”

Re: THE HERALD'S VIEW A few modest resolutions for 2007

After reading the Monterey County Herald, Sunday, 31 December 2006, a Carmelite emailed the following to the Opinion Page Editor and Executive Editor of The Monterey County Herald.

RE: THE HERALD'S VIEW
A few modest resolutions for 2007

Carmel Mayor Sue McCloud: To remain grateful that your city doesn't have as many problems as most.

THE HERALD’S VIEW must be referring to:

· Over 34% of the city’s fire hydrants NOT IN SERVICE

· A Fire Department which failed to conduct standard, routine water flow tests of the city’s fire hydrants over an 11 year period (1995-2006)

· $3,000 per capita spending and reserves of nearly $10 million AND evicted users, closed community center and a dilapidated, ADA noncompliant Forest Theatre.


Maybe Mayor Sue McCloud can be “grateful,” but what about the residents:

· A city government with a record of violating the city’s Municipal Code and Local Coastal Program, not once, but 3 times in 2006; the City’s removal of 43 historic resources, as a group, from the Carmel Inventory of Historic Resources, posting of signs in Mission Trail Nature Preserve without a permit and approval of the California Coastal Commission, installing lights in the medians on Ocean Av. without public hearings regarding installation and an amendment to the Municipal Code.

· A city government which advocates the selling of a city owned National Register of Historic Places property, i.e., Flanders Mansion.

· A city government which has been sued because the city council allegedly failed to comply with the right of Carmel voters to vote on the sale of the city owned Flanders Mansion property.

· A city budget surplus and city council commitment of $35,000 to Harrison Memorial Library & Park Branch, but a city government which refuses to restore hours to these critical facilities for residents and visitors alike.

· Sub-standard avenues, streets and roads with potholes, patches, et cetera.

· A city government which since the fall of 2003 has removed 350 trees, with 95 other dead and dying trees awaiting removal, and only 92 trees planted by staff in the same time period, even though the City’s Local Coastal Program states that the city plants over 500 trees a year.

· A city government which fails to comply with the City’s Coastal Land Use Plan Coastal Resource Management Element with regard to the city’s largest park, Mission Trail Nature Preserve. For example, failure to remove dead/hazardous trees from trails (P5-155), failure to conduct trail maintenance and clearance (June – August (P5-156), et cetera.

Lastly, your resolutions for other officials were specific to the context of their respective jurisdictions, but not your Mayor Sue McCloud resolution. Moreover, your McCloud resolution conveys The Herald’s absence of objective information and knowledge about the City of Carmel-by-the-Sea.

Suggestion: Don’t cover or offer opinions on topics, issues, cities, et cetera, which you fail to dedicate the professional resources to learn about, comprehend, et cetera.

SEVEN NEW YEAR'S RESOLUTIONS FOR 2007!

I. Fire Hydrants
Return all NOT IN SERVICE Fire Hydrants to IN SERVICE Fire Hydrants and commit to performing standard tests for fire hydrants and water supply lines i.e., 20% of fire hydrants water flow tested every year, 5 year cycle.

II. Harrison Memorial Library & Park Branch
Immediate restoration of Saturday hours to the Park Branch for Youth and Sunday hours to the Harrison Memorial Library for adults; and expand services, et cetera, for all library users.

III. The Scout House
Renovation, rehabilitation, American with Disabilities Act (ADA) compliance measures and available to all interested user groups.

IV. The Forest Theatre
Renovation, rehabilitation, and (ADA) compliance measures.

V. Avenues, Streets & Roads
Resurface streets, with highest priority main artery streets i.e., Carpenter St., Forest Rd., Mt. View Av., Ocean Av, San Antonio Av., et cetera, in Carmel-by-the-Sea.

VI. Tree Stump Removal & Reforestation
Removal of multiple 6’ high tree stumps and replant with appropriate replacement trees.
Note: A Survey of Dead Upper Canopy Trees and Stumps by Greg D’Ambrosio, Gene McFarland and Steve Brooks revealed at least 623 dead upper canopy trees and stumps requiring replacement.

VII. Mission Trail Nature Preserve
Perform annual maintenance as stipulated in the City’s Local Coastal Program, including cutting brush impinging on trails, removing hazardous trees over trails, removing ivy and invasive vines from tree trunks, et cetera.

Reference:
General Plan/Coastal Land Use Plan Coastal Resource Management Element
Mission Trail Nature Preserve

G5-11 Maintain Mission Trail Nature Preserve using great care to avoid degradation of resources. (LUP)

O5-35 Implement the Mission Trail Nature Preserve Master Plan maintenance provisions. (LUP)

P5-155 Remove dead/hazardous trees only as needed. Leave dead trunks in place when not hazardous to provide habitat for woodpeckers and other fauna. (LUP)

P5-156 Conduct trail maintenance and clearance (June - August.) (LUP)

COMMENT:
With an annual budget of $12 million AND reserves of nearly $10 million, there is no justification for the City not to commit the financial resources necessary to maintain and upgrade city infrastructure and cultural, historical and environmental assets. If the Sunset Center was deserving of a multimillion dollar renovation and is deserving of an annual subsidy of in excess of $700,000, then the Fire Hydrants, Harrison Memorial Library & Park Branch, the Scout House, the Forest Theatre, Avenues, Streets and Roads, Tree Stump Removal and Reforestation, and Mission Trail Nature Preserve are certainly no less deserving of a similar commitment from the Carmel-by-the-Sea City Council. For perspective, many more Carmelites depend on and use the above public safety, cultural, historical and environmental assets than the Sunset Center!