“MINUTES”
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, April 6, 2010
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
V. Announcements from Closed Session, from City Council Members and the City Administrator
C. Announcements from City Administrator
3. Receive update on San Antonio Walkway.
City Administrator Rich Guillen presented the update.
The San Antonio Walkway project will be constructed from the Pebble Beach/Carmel Gate to 4th Avenue, along the 4th Avenue pathway over the dunes and stairway to the Carmel Beach. The California Coastal Commission approved the coastal permit on March 11, 2010; the Commission required a boardwalk across the sand dunes despite the City's objections. The modified plans need to be updated by the Pebble Beach Company and once the revised plans are completed, the permit will be transmitted to City. It is anticipated that pathway construction between the Gate and 4th Avenue will be completed prior to the U.S. Open (completed by the end of May 2010).
Note: CENTRAL COAST DISTRICT
Application No. 3-10-003 (Pebble Beach Co., Monterey Co.) Application of Pebble Beach Co. to construct new pedestrian trail segment and improve existing trails to connect Del Monte Forest trail system to Carmel Beach as part of the California Coastal Trail (includes trail and new stairway improvements in the Forest, and decomposed granite walkway along North San Antonio Ave., new boardwalk, and new stairway access in City of Carmel) near the Carmel gate into the Del Monte Forest, Carmel, Monterey County. (KM-SC) [APPROVED WITH CONDITIONS]
(Source: California Coastal Commission, March 2010 Agenda)
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
G. Consideration of a Resolution expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence.
H. Consideration of a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction in an amount not to exceed $12,400.
K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.
A Widewaters representative read a letter from Kevin Kane, the development manager of the Widewaters Group, requesting the City Council postpone any formal action on the proposed Villas de Carmelo project until after the revised Draft EIR is completed in April 2010.
Mayor McCloud opened the meeting to public comment.
Carmel-by-the-Sea resident Monte Miller expressed support for item G, namely a Resolution expressing opposition to the proposed Villas de Carmelo project. He asked if the Resolution will be forwarded to the Board of Supervisors and/or County Planning Commission. City Administrator Rich Guillen stated it would be sent to the Board of Supervisors.
Carmel resident Mark Bayne expressed support for item G and against postponing a vote on the Resolution because the fundamental nature of the project is unchanged and only minor administrative changes to the revised DEIR are expected.
Mayor McCloud closed the meeting to public comment.
Council Member TALMAGE moved to approve Consent Agenda Items A-K, seconded by Council Member HAZDOVAC and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
IX. Ordinances
B. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).
Planning and Building Services Manager Sean Conroy presented a powerpoint presentation of slides on The Mills Act, Flexibility (Act allows each city to customize program to suit local needs), State Requirements, City Ordinance (part of LCP) and HRB & Planning Commission Review. The Historic Resources Board (HRB) and Planning Commission were unanimous in that Mills Act Contracts “should be prioritized for properties with substantial rehabilitation need.” Mills Act Contracts are offered for qualified residential properties and only commercial properties with affordable housing.
To questions from Council Member Paula Hazdovac, Planning and Building Manager Sean Conroy stated that there are approximately 290 properties on the Carmel Historic Inventory, of which 40-50 are commercial properties, and 15 properties (all residential) are currently on the Carmel Register. The decrease in tax revenue to the City is estimated at $1,000-$3,000 per property per year. ($1,000 based on $800,000 assessed value)
Mayor McCloud opened the meeting to public comment.
Carmel-by-the-Sea resident Monte Miller recommended approval of the Ordinance.
Erik Dyar, HRB Chair and architect, expressed support for the Ordinance and the HBR’s unanimous support for the contract for properties with substantial rehabilitation needs.
Mayor McCloud closed the meeting to public comment.
Council Member Talmage expressed a need for a financial analysis of properties. He expressed a concern of a potential loss of revenue to the City of more than $1 million based on 20 year contracts and 75 properties with Mills Act Contracts. He expressed interest in a Mills Act Contract for commercial properties and possibly include hotels based on increased TOT revenues from remodeled hotels.
Council Member Rose also expressed support for a financial analysis, Mills Act Contracts for historic buildings and hotels and the development of a mechanism for selecting the mix of properties to be given Mills Act Contracts.
Erl Lagerholm, Erik Dyar and Mark Bayne addressed the Council.
Planning and Building Services Manager Sean Conroy stated that the City of Monterey has less than 10 Mills Act Contracts offered to both residential and commercial property owners. It is an “underutilized tool” in most communities offering Mills Act Contracts.
Council Member TALMAGE moved to continue an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance for the purpose of receiving financial information and ramifications for a mix of residential, commercial and hotel properties with a report next month, seconded by Council Member ROSE, and carried by the following roll call:
AYES: COUNCIL MEMBERS: ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: HAZDOVAC
ABSENT: COUNCIL MEMBERS: NONE
Thursday, April 08, 2010
Wednesday, April 07, 2010
Carmel Art Association Presents WAGSTAFF & TETTE TWO PERSON SHOW “SEASONS” AND PLAMONDOM’S SOLO SHOW
Carmel Art Association
“Celebrating 81 years of local art”
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays.
Open to the Public at No Charge
“Founded in 1927, Carmel's oldest gallery features the work of more than 120 professional local artists, and is dedicated to presenting only the finest work for sale by artists living on the Monterey Peninsula.”
For more information, Online or (831) 624-6176.
Carmel Art Association Presents WAGSTAFF & TETTE TWO PERSON SHOW “SEASONS” AND PLAMONDOM’S SOLO SHOW
Thursday, April 8 – May 4, 2009
TWO PERSON SHOW “SEASONS” (Center Room):
Painters Jan Wagstaff and Richard Tette exhibit interpretations of the landscape depicting observations of time and seasons of the year.
View painter Jan Wagstaff’s Education, Employment, Professional and Community Activities, Selected Solo Exhibitions, Selected Group Exhibitions, Awards and Selected Public and Private Collections and four oil paintings, including "Celedon Hearts," "Echo," "Rivers of Grass" and "Dreaming in Color." View preview of SEASONS, eight oil paintings, including "Turning," "Between Seasons," "Seasons," "Molera," "Guadalupe," "Lone Tree," "Evening" and "Wall."
View painter Richard Tette’s brief biography and four oil paintings, including “River Bouquet" “"Passing Storm" “Dark Forest” and “Summer Creek.” View preview of SEASONS, eleven oil paintings, including "The Old Fence," "East Salinas Valley," "Boundary," "Late Bloomers," "Tranquility," "Off the Main Road," "Halfway to Half Moon Bay," "Summer Silence," "Muddy Water," "Elkhorn" and "Lakeside."
SOLO SHOW (Beardsley Room South Wall):
Painter Peter Plamondom exhibits new still life paintings. View Peter Plamondon’s Education, Solo Exhibitions, Group Exhibitions, Selected Collections, Grants and Fellowships and five still life paintings, including "White China on Quilt," "Chinese Bowls & Cups on Kimono," "White Pitchers," "Bowls & Cups on Red & Yellow Floral" and "Green and Blue on Stripes."
Opening Reception - Saturday, April 10, 6:00 to 8:00 P.M.
ADDENDUM:
Special Presentation: Informal Talk
Still life painter Peter Plamondon talks about his work and his unique process of setting up for a painting.
Wednesday, April 21, 2010 @ 7:00 P.M.
Free of Charge, No Reservations Necessary
“Celebrating 81 years of local art”
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays.
Open to the Public at No Charge
“Founded in 1927, Carmel's oldest gallery features the work of more than 120 professional local artists, and is dedicated to presenting only the finest work for sale by artists living on the Monterey Peninsula.”
For more information, Online or (831) 624-6176.
Carmel Art Association Presents WAGSTAFF & TETTE TWO PERSON SHOW “SEASONS” AND PLAMONDOM’S SOLO SHOW
Thursday, April 8 – May 4, 2009
TWO PERSON SHOW “SEASONS” (Center Room):
Painters Jan Wagstaff and Richard Tette exhibit interpretations of the landscape depicting observations of time and seasons of the year.
View painter Jan Wagstaff’s Education, Employment, Professional and Community Activities, Selected Solo Exhibitions, Selected Group Exhibitions, Awards and Selected Public and Private Collections and four oil paintings, including "Celedon Hearts," "Echo," "Rivers of Grass" and "Dreaming in Color." View preview of SEASONS, eight oil paintings, including "Turning," "Between Seasons," "Seasons," "Molera," "Guadalupe," "Lone Tree," "Evening" and "Wall."
View painter Richard Tette’s brief biography and four oil paintings, including “River Bouquet" “"Passing Storm" “Dark Forest” and “Summer Creek.” View preview of SEASONS, eleven oil paintings, including "The Old Fence," "East Salinas Valley," "Boundary," "Late Bloomers," "Tranquility," "Off the Main Road," "Halfway to Half Moon Bay," "Summer Silence," "Muddy Water," "Elkhorn" and "Lakeside."
SOLO SHOW (Beardsley Room South Wall):
Painter Peter Plamondom exhibits new still life paintings. View Peter Plamondon’s Education, Solo Exhibitions, Group Exhibitions, Selected Collections, Grants and Fellowships and five still life paintings, including "White China on Quilt," "Chinese Bowls & Cups on Kimono," "White Pitchers," "Bowls & Cups on Red & Yellow Floral" and "Green and Blue on Stripes."
Opening Reception - Saturday, April 10, 6:00 to 8:00 P.M.
ADDENDUM:
Special Presentation: Informal Talk
Still life painter Peter Plamondon talks about his work and his unique process of setting up for a painting.
Wednesday, April 21, 2010 @ 7:00 P.M.
Free of Charge, No Reservations Necessary
Monday, April 05, 2010
Five Noteworthy 6 April 2010 City Council Agenda Items
ABSTRACT: Five noteworthy 6 April 2010 City Council Agenda Items, namely Receive update on San Antonio Walkway from the City Administrator, a Resolution expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence, a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction, a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010 and an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance, are presented. Selected excerpts from the Agenda Item Summaries, Staff Reports, Resolution, Ordinance and Exhibit “A” of Mills Act agenda item are presented; photos of Forest Theater repairs and Mary DeNeale Morgan paintings are presented for illustration purposes.
AGENDA
Regular Meeting
Tuesday, April 6, 2010
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
Live and archived video streaming
V. Announcements from Closed Session, from City Council Members and the City Administrator
C. Announcements from City Administrator
3. Receive update on San Antonio Walkway.
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
G. Consideration of a Resolution expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence.
Description: The Villas del Carmelo project is proposed on the Carmel Convalescent Hospital site, just outside the City limits. The project proposes the adaptive reuse of the two existing historic buildings and the construction of several new buildings to accommodate 46 residential units and associated improvements. This Resolution expresses opposition to the project based on potentially significant impacts to the City residents and the City’s Sphere of Influence.
Staff Recommendation: Adopt the Resolution.
Important Considerations: A Draft Environmental Impact Report (DEIR) was circulated from April 17th through June 5th, 2009. The City submitted a comment letter on the DEIR on June 3, 2009, expressing concern about several aspects of the project including its effect on aesthetics, cultural resources, land use/planning, and transportation.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY THE SEA EXPRESSING OPPOSITION TO THE VILLAS DE CARMELO PROJECT PROPOSED AT 24945 VALLEY WAY IN THE CITY’S SPHERE OF INFLUENCE.
WHEREAS, the proposed project is inconsistent with Policy P1-127 of the Land Use Element of the General Plan that encourages areas in the Sphere of Influence to continue the existing pattern of low density development; and
WHEREAS, the proposed project is inconsistent with Objective O1-23 of the Land Use Element of the General Plan that encourages the City to support efforts to reduce congestion on Highway One; and
WHEREAS, the proposed scale and density of the project is inconsistent with the character of the surrounding neighborhood; and
WHEREAS, the project will create negative traffic and circulation impacts on the residents in the area; and
WHEREAS, the project will degrade streets maintained by the City of Carmel-by-the-Sea; and
WHEREAS, the project has the potential of significantly impacting the existing historic buildings on the site; and
WHEREAS, the project requires the removal of significant Monterey Pine and Coast Live Oak trees that should be preserved.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Adopt a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of April 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_______________________
Heidi Burch, City Clerk
H. Consideration of a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction in an amount not to exceed $12,400.
View of Forest Theater Stage Floor, in progress
Materials, plywood and board
Description: The plywood overlay on the Forest Theater stage floor deteriorated and needed repairs. This plywood is part of the normal maintenance repairs made to the stage from time to time. KNA Construction was hired on a time and material basis to remove the weathered 5/8-inch plywood overlay and they replaced it with new plywood. After the old plywood was removed, it was discovered that repairs were needed to the 2-inch-by-6 inch Douglas fir underdecking that was damaged by dry rot in several places.
Overall Cost:
City Funds: $12,400
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: The existing plywood overlay was installed eight years ago. It was overdue for replacement and more so, considering that there are many areas of dry rot. The dry rot has contributed to the 2” x 6” decking deterioration.
Decision Record: No prior action was taken by the City Council on the proposed theater stage repairs.
K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.
Artist: Mary DeNeale Morgan
Title: “Cypress, Monterey Coast”
Date: Unknown
Medium: Oil on Canvas
Dimensions: 40’ high x 50” wide
Artist: Mary DeNeale Morgan
Title/Description: "Cypress Trees by the Seashore"
Date: Unknown
Medium: Oil on Board
Dimensions: 24’ high x 30” wide
Description: The Hearst Art Gallery of Saint Mary’s College of California has requested permission to borrow two paintings by early California artist Mary DeNeale Morgan for an exhibition that will run from July 25 through September 19, 2010.
The paintings will be hung, using archival standards, in a climate-controlled, secure facility. They will be fully insured by the Hearst Art Gallery for the entire loan period and packaged and transported by trained, experienced Hearst Art Gallery staff.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution
Important Considerations: Loans such as this foster collaboration and strengthen professional relationships between institutions and generate positive publicity for the lender.
Decision Record: In 2000 “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters was loaned for four months to the Monterey Museum of Art for the exhibition, “Painting of the Monterey Adobes: A Walking Tour”.
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JANET CUBBAGE, LIBRARY DIRECTOR
DATE: MARCH 9, 2010
SUBJECT: CONSIDERATION OF A RESOLUTION TO LEND
TWO MARY DENEALE MORGAN PAINTINGS TO
HEARST ART GALLERY, SAINT MARY’S COLLEGE
OF CALIFORNIA, FROM JULY 15 THROUGH
SEPTEMBER 30, 2010.
RECOMMENDED MOTION
Adopt a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 – September 30, 2010.
BACKGROUND
In January 2010, Julie Armistead, Collections Manager / Registrar for the Hearst Art Gallery of Saint Mary’s College in Moraga, California, submitted a formal request to borrow two Mary DeNeale Morgan paintings, one titled “Cypress, Monterey Coast”, which hangs in the Main Library lobby, and the other, “Cypress Trees by the Seashore”, which hangs in the Sunset Center lobby, for an exhibition titled “Delicate Strength: Early California Paintings by Annie Harmon, Mary DeNeale Morgan, and Marion Kavanagh Wachtel”. The three artists featured in the exhibition all studied under William Keith, an important early California landscape artist whose works form the heart of the Hearst Art Gallery collection.
Important points to consider regarding the request from Hearst Art Gallery:
• Hearst Gallery environmental conditions with regard to temperature and relative humidity are maintained according to archival standards.
• The paintings will be secured with standard museum quality hanging tools.
• The mounting and display process will not affect the condition of the paintings.
• The gallery space is fully alarmed and equipped with closed circuit TV cameras, magnetic contacts and microwave motion detectors, with additional security provided by Hearst Art gallery staff.
• The paintings will be fully insured for the full loan period under the fine arts policy carried by Saint Mary’s College.
• Packing and transportation of the paintings will be done under the supervision of Ms. Armistead by Hearst Art Gallery staff experienced in handling and moving artwork.
The dates of the requested loan period for the paintings are July 12 through October 1, 2010.
The Harrison Memorial Library Board of Trustees approved the loan of “Cypress Monterey Coast”, the painting that hangs in the Main Library, during its January 21, 2010 regular meeting.
FISCAL IMPACT
None. The Hearst Art Gallery will be responsible for all costs, including transportation and insurance.
SUMMARY
Requests to borrow City works of art have been rare; however, occasional loans have been made. In 2000, “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters, was loaned for four months to the Monterey Museum of Art for an exhibition, “Painting of the Monterey Adobes: A Walking Tour”.
Loans such as this foster collaboration. They strengthen professional relationships between institutions and enable them to offer services beyond what they could provide using their own resources. They also generate positive publicity for the lender while giving people in other areas a chance to view and appreciate works of art they might otherwise not see.
IX. Ordinances
B. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).
Description: This proposal would amend the application requirements of the Mills Act to eliminate some of the existing standards and to place an emphasis on rehabilitation as a basis for contract approval.
Staff Recommendation: Approve the Ordinance (First reading).
Important Considerations: The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act.
For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment. The jurisdiction benefits by having historic resources maintained and enhanced, while the property owner benefits by having a reduced tax burden.
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMEBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 6 APRIL 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE. (FIRST READING)
BACKGROUND & DESCRIPTION
The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act. For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment.
The jurisdiction benefits by having historic resources rehabilitated and maintained, while the property owner benefits by having a reduced tax burden.
As part of the approval of the City’s Local Coastal Program (LCP) in 2004, the updated Historic Preservation Ordinance offers Mills Act contracts as a potential benefit to property owners of historic resources. CMC Section 17.32.100.B establishes criteria that an applicant must meet in order to qualify for a contract. Some of the criteria have proven to be problematic and have made qualifying for a contract difficult.
The proposed amendments (Exhibit “A”) would revise the criteria to eliminate some of the more problematic standards and to favor projects that have a demonstrable rehabilitation need. Staff has also attached a copy of the California Government Code relating to the Mills Act for the Council’s reference (Exhibit “B”).
PROCESS
The proposed ordinance would amend the Zoning Ordinance/Local Coastal
Implementation Plan and requires review by the Historic Resources Board (HRB), Planning Commission (PC), City Council and the California Coastal Commission.
The HRB and Planning Commission unanimously recommended adoption of the attached ordinance on 25 January 2010 and 10 March 2010 respectively.
EVALUATION
The primary focus of the HRB and PC’s review of the Mills Act was based on the following policy question:
“Should Mills Act Contracts be offered primarily to properties with significant rehabilitation needs or should they be offered to all historic properties?”
Response: The HRB and PC determined that the Mills Act program should be used primarily as a tool to assist in the rehabilitation/restoration of degraded historic properties. Properties that have a demonstrable rehabilitation need should be given preference over properties with little or no rehabilitation needs. In that way, contracts that the City approves would result in rehabilitated and restored historic properties.
Focusing on rehabilitation would benefit not only the property owner, but also the surrounding neighborhood and the City as a whole. Offering contracts to properties with little or no need for rehabilitation would have less of a benefit to the community and may not justify the reduction in tax income to the City. The proposed amendments would require an applicant to clearly demonstrate how the tax reductions are necessary to assist in the rehabilitation of the property. Staff concurs with the recommendation of the HRB and PC.
A Carmel resident has submitted several documents related to the Mills Act for the Council’s review (see Exhibit “C”). It is this resident’s opinion that the City cannot restrict contracts to only properties that require rehabilitation since the Government Code allows for contracts for historic properties that may or may not require restoration and rehabilitation.
Staff does not concur with this opinion. While it is true that the Government Code allows the City to offer contracts to all historic properties, it is completely discretionary by the City to determine what types of properties are approved for contracts.
Budget Considerations: Based on the value of a property receiving a Mills Act Contract, and the property’s current tax rates, staff estimates that the granting of a Mills Act Contract would result in a decrease in tax revenue to the City of between $1,000 to $3,000 dollars.
The proposed Mills Act requirements limit the number of historic properties that could potentially qualify for a contract. However, if the Council is still concerned about potential financial impacts, a cap could be established that limited the number of contracts that could be approved during any given fiscal years. Many communities that offer Mills Act Contracts have established similar caps.
RECOMMENDATION
Approve the Ordinance amending the Mills Act requirements on first reading.
Exhibit “A”City Mills Act Requirements (revisions shown in strikeout (noted as Strikeout at beginning and end) and underline (noted in bold))
B. Mills Act Historical Property Contracts. (CMC 17.32.10)
1. Purpose.
The primary purpose for offering Mills Act contracts in the City of Carmel-by-the-Sea is to assist in the rehabilitation and long-term maintenance of historic resources.
5. Applications.
b. The following materials are required for a complete application:
iii. A rehabilitation and maintenance plan for the historic resource prepared or reviewed by a qualified professional together with a cost estimate of the work to be done attached and labeled as “Exhibit B.”
iv. Photos of the exterior of the property attached as “- to assist in the rehabilitation and maintenance of the property attached as “Exhibit D”.
6. Review Process.
c. To grant approval of a Mills Act contract, the Board and City Council shall make all of the following findings:
ii. The proposed rehabilitation and maintenance plan is appropriate in scope and sufficient in detail to guide long-term maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property.
iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only), Strikeout and do not affect the basic form and design of the original historic resource Strikeout, and
(B) Do not significantly alter affect any primary elevation, and
Strikeout (C) Do not alter, damage or diminish any character-defining feature, Strikeout and
-(D) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource,
Strikeout (F) Meet all zoning standards applicable to the location of the property. Strikeout
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and/or maintaining the historic resource Strikeout and/or will offset potential losses of income that might otherwise be achieved on the property. Strikeout
AGENDA
Regular Meeting
Tuesday, April 6, 2010
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
Live and archived video streaming
V. Announcements from Closed Session, from City Council Members and the City Administrator
C. Announcements from City Administrator
3. Receive update on San Antonio Walkway.
VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
G. Consideration of a Resolution expressing opposition to the Villas de Carmelo project proposed at 24945 Valley Way in the City’s Sphere of Influence.
Description: The Villas del Carmelo project is proposed on the Carmel Convalescent Hospital site, just outside the City limits. The project proposes the adaptive reuse of the two existing historic buildings and the construction of several new buildings to accommodate 46 residential units and associated improvements. This Resolution expresses opposition to the project based on potentially significant impacts to the City residents and the City’s Sphere of Influence.
Staff Recommendation: Adopt the Resolution.
Important Considerations: A Draft Environmental Impact Report (DEIR) was circulated from April 17th through June 5th, 2009. The City submitted a comment letter on the DEIR on June 3, 2009, expressing concern about several aspects of the project including its effect on aesthetics, cultural resources, land use/planning, and transportation.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY THE SEA EXPRESSING OPPOSITION TO THE VILLAS DE CARMELO PROJECT PROPOSED AT 24945 VALLEY WAY IN THE CITY’S SPHERE OF INFLUENCE.
WHEREAS, the proposed project is inconsistent with Policy P1-127 of the Land Use Element of the General Plan that encourages areas in the Sphere of Influence to continue the existing pattern of low density development; and
WHEREAS, the proposed project is inconsistent with Objective O1-23 of the Land Use Element of the General Plan that encourages the City to support efforts to reduce congestion on Highway One; and
WHEREAS, the proposed scale and density of the project is inconsistent with the character of the surrounding neighborhood; and
WHEREAS, the project will create negative traffic and circulation impacts on the residents in the area; and
WHEREAS, the project will degrade streets maintained by the City of Carmel-by-the-Sea; and
WHEREAS, the project has the potential of significantly impacting the existing historic buildings on the site; and
WHEREAS, the project requires the removal of significant Monterey Pine and Coast Live Oak trees that should be preserved.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Adopt a Resolution expressing opposition to the Villas de Carmelo project located at 24945 Valley Way in the City’s Sphere of Influence.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of April 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_______________________
Heidi Burch, City Clerk
H. Consideration of a Resolution authorizing repairs to the Forest Theater stage floor by KNA Construction in an amount not to exceed $12,400.
Description: The plywood overlay on the Forest Theater stage floor deteriorated and needed repairs. This plywood is part of the normal maintenance repairs made to the stage from time to time. KNA Construction was hired on a time and material basis to remove the weathered 5/8-inch plywood overlay and they replaced it with new plywood. After the old plywood was removed, it was discovered that repairs were needed to the 2-inch-by-6 inch Douglas fir underdecking that was damaged by dry rot in several places.
Overall Cost:
City Funds: $12,400
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: The existing plywood overlay was installed eight years ago. It was overdue for replacement and more so, considering that there are many areas of dry rot. The dry rot has contributed to the 2” x 6” decking deterioration.
Decision Record: No prior action was taken by the City Council on the proposed theater stage repairs.
K. Consideration of a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 through September 30, 2010.
Title: “Cypress, Monterey Coast”
Date: Unknown
Medium: Oil on Canvas
Dimensions: 40’ high x 50” wide
Title/Description: "Cypress Trees by the Seashore"
Date: Unknown
Medium: Oil on Board
Dimensions: 24’ high x 30” wide
Description: The Hearst Art Gallery of Saint Mary’s College of California has requested permission to borrow two paintings by early California artist Mary DeNeale Morgan for an exhibition that will run from July 25 through September 19, 2010.
The paintings will be hung, using archival standards, in a climate-controlled, secure facility. They will be fully insured by the Hearst Art Gallery for the entire loan period and packaged and transported by trained, experienced Hearst Art Gallery staff.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution
Important Considerations: Loans such as this foster collaboration and strengthen professional relationships between institutions and generate positive publicity for the lender.
Decision Record: In 2000 “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters was loaned for four months to the Monterey Museum of Art for the exhibition, “Painting of the Monterey Adobes: A Walking Tour”.
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JANET CUBBAGE, LIBRARY DIRECTOR
DATE: MARCH 9, 2010
SUBJECT: CONSIDERATION OF A RESOLUTION TO LEND
TWO MARY DENEALE MORGAN PAINTINGS TO
HEARST ART GALLERY, SAINT MARY’S COLLEGE
OF CALIFORNIA, FROM JULY 15 THROUGH
SEPTEMBER 30, 2010.
RECOMMENDED MOTION
Adopt a Resolution to lend two Mary DeNeale Morgan paintings to Hearst Art Gallery, Saint Mary’s College of California, from July 15 – September 30, 2010.
BACKGROUND
In January 2010, Julie Armistead, Collections Manager / Registrar for the Hearst Art Gallery of Saint Mary’s College in Moraga, California, submitted a formal request to borrow two Mary DeNeale Morgan paintings, one titled “Cypress, Monterey Coast”, which hangs in the Main Library lobby, and the other, “Cypress Trees by the Seashore”, which hangs in the Sunset Center lobby, for an exhibition titled “Delicate Strength: Early California Paintings by Annie Harmon, Mary DeNeale Morgan, and Marion Kavanagh Wachtel”. The three artists featured in the exhibition all studied under William Keith, an important early California landscape artist whose works form the heart of the Hearst Art Gallery collection.
Important points to consider regarding the request from Hearst Art Gallery:
• Hearst Gallery environmental conditions with regard to temperature and relative humidity are maintained according to archival standards.
• The paintings will be secured with standard museum quality hanging tools.
• The mounting and display process will not affect the condition of the paintings.
• The gallery space is fully alarmed and equipped with closed circuit TV cameras, magnetic contacts and microwave motion detectors, with additional security provided by Hearst Art gallery staff.
• The paintings will be fully insured for the full loan period under the fine arts policy carried by Saint Mary’s College.
• Packing and transportation of the paintings will be done under the supervision of Ms. Armistead by Hearst Art Gallery staff experienced in handling and moving artwork.
The dates of the requested loan period for the paintings are July 12 through October 1, 2010.
The Harrison Memorial Library Board of Trustees approved the loan of “Cypress Monterey Coast”, the painting that hangs in the Main Library, during its January 21, 2010 regular meeting.
FISCAL IMPACT
None. The Hearst Art Gallery will be responsible for all costs, including transportation and insurance.
SUMMARY
Requests to borrow City works of art have been rare; however, occasional loans have been made. In 2000, “Old Whaler’s Cabin – Point Lobos” by Charles Rollo Peters, was loaned for four months to the Monterey Museum of Art for an exhibition, “Painting of the Monterey Adobes: A Walking Tour”.
Loans such as this foster collaboration. They strengthen professional relationships between institutions and enable them to offer services beyond what they could provide using their own resources. They also generate positive publicity for the lender while giving people in other areas a chance to view and appreciate works of art they might otherwise not see.
IX. Ordinances
B. Consideration of an Ordinance amending the Mills Act program found in the Historic Preservation Ordinance (First reading).
Description: This proposal would amend the application requirements of the Mills Act to eliminate some of the existing standards and to place an emphasis on rehabilitation as a basis for contract approval.
Staff Recommendation: Approve the Ordinance (First reading).
Important Considerations: The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act.
For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment. The jurisdiction benefits by having historic resources maintained and enhanced, while the property owner benefits by having a reduced tax burden.
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMEBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 6 APRIL 2010
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE MILLS ACT PROGRAM FOUND IN THE CITY’S HISTORIC PRESERVATION ORDINANCE. (FIRST READING)
BACKGROUND & DESCRIPTION
The Mills Act was enacted by the State of California in 1972 as a way to encourage partnerships between local governments and property owners of historic resources. Local governments are not required to participate in the Mills Act. For participating governments, a Mills Act contract may be offered to any property that contains an historic resource. The contract must be for at least 10 years and the property owner typically agrees to specific rehabilitation/restoration efforts. In turn, the property owner receives a reduced property tax assessment.
The jurisdiction benefits by having historic resources rehabilitated and maintained, while the property owner benefits by having a reduced tax burden.
As part of the approval of the City’s Local Coastal Program (LCP) in 2004, the updated Historic Preservation Ordinance offers Mills Act contracts as a potential benefit to property owners of historic resources. CMC Section 17.32.100.B establishes criteria that an applicant must meet in order to qualify for a contract. Some of the criteria have proven to be problematic and have made qualifying for a contract difficult.
The proposed amendments (Exhibit “A”) would revise the criteria to eliminate some of the more problematic standards and to favor projects that have a demonstrable rehabilitation need. Staff has also attached a copy of the California Government Code relating to the Mills Act for the Council’s reference (Exhibit “B”).
PROCESS
The proposed ordinance would amend the Zoning Ordinance/Local Coastal
Implementation Plan and requires review by the Historic Resources Board (HRB), Planning Commission (PC), City Council and the California Coastal Commission.
The HRB and Planning Commission unanimously recommended adoption of the attached ordinance on 25 January 2010 and 10 March 2010 respectively.
EVALUATION
The primary focus of the HRB and PC’s review of the Mills Act was based on the following policy question:
“Should Mills Act Contracts be offered primarily to properties with significant rehabilitation needs or should they be offered to all historic properties?”
Response: The HRB and PC determined that the Mills Act program should be used primarily as a tool to assist in the rehabilitation/restoration of degraded historic properties. Properties that have a demonstrable rehabilitation need should be given preference over properties with little or no rehabilitation needs. In that way, contracts that the City approves would result in rehabilitated and restored historic properties.
Focusing on rehabilitation would benefit not only the property owner, but also the surrounding neighborhood and the City as a whole. Offering contracts to properties with little or no need for rehabilitation would have less of a benefit to the community and may not justify the reduction in tax income to the City. The proposed amendments would require an applicant to clearly demonstrate how the tax reductions are necessary to assist in the rehabilitation of the property. Staff concurs with the recommendation of the HRB and PC.
A Carmel resident has submitted several documents related to the Mills Act for the Council’s review (see Exhibit “C”). It is this resident’s opinion that the City cannot restrict contracts to only properties that require rehabilitation since the Government Code allows for contracts for historic properties that may or may not require restoration and rehabilitation.
Staff does not concur with this opinion. While it is true that the Government Code allows the City to offer contracts to all historic properties, it is completely discretionary by the City to determine what types of properties are approved for contracts.
Budget Considerations: Based on the value of a property receiving a Mills Act Contract, and the property’s current tax rates, staff estimates that the granting of a Mills Act Contract would result in a decrease in tax revenue to the City of between $1,000 to $3,000 dollars.
The proposed Mills Act requirements limit the number of historic properties that could potentially qualify for a contract. However, if the Council is still concerned about potential financial impacts, a cap could be established that limited the number of contracts that could be approved during any given fiscal years. Many communities that offer Mills Act Contracts have established similar caps.
RECOMMENDATION
Approve the Ordinance amending the Mills Act requirements on first reading.
Exhibit “A”City Mills Act Requirements (revisions shown in strikeout (noted as Strikeout at beginning and end) and underline (noted in bold))
B. Mills Act Historical Property Contracts. (CMC 17.32.10)
1. Purpose.
The primary purpose for offering Mills Act contracts in the City of Carmel-by-the-Sea is to assist in the rehabilitation and long-term maintenance of historic resources.
5. Applications.
b. The following materials are required for a complete application:
iii. A rehabilitation and maintenance plan for the historic resource prepared or reviewed by a qualified professional together with a cost estimate of the work to be done attached and labeled as “Exhibit B.”
iv. Photos of the exterior of the property attached as “- to assist in the rehabilitation and maintenance of the property attached as “Exhibit D”.
6. Review Process.
c. To grant approval of a Mills Act contract, the Board and City Council shall make all of the following findings:
ii. The proposed rehabilitation and maintenance plan is appropriate in scope and sufficient in detail to guide long-term maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property.
iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only), Strikeout and do not affect the basic form and design of the original historic resource Strikeout, and
(B) Do not significantly alter affect any primary elevation, and
Strikeout (C) Do not alter, damage or diminish any character-defining feature, Strikeout and
-(D) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource,
Strikeout (F) Meet all zoning standards applicable to the location of the property. Strikeout
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and/or maintaining the historic resource Strikeout and/or will offset potential losses of income that might otherwise be achieved on the property. Strikeout
Thursday, April 01, 2010
Case Management Conference: Miller, Jane Kingsley vs City of Carmel-by-the-Sea (M99513)
UPDATE: Today, April 1, 2010, the Case Management Conference scheduled for tomorrow, April 2, 2010 was taken "off calendar." The new date for the Case Management Conference is next Friday, 9 April 2010, 8:45 A.M., Courtroom 4, Salinas Court Complex, East Wing, 2nd Floor, Hon. Larry E. Hayes.
Press Release
06/09/2005
Governor Schwarzenegger Appoints Larry Hayes to the Monterey County Superior Court
Governor Arnold Schwarzenegger today announced the appointment of Larry E. Hayes to a judgeship in the Monterey County Superior Court. Hayes, 59, of Carmel Valley, has served as a shareholder and attorney at Fenton & Keller since 1980. Since 1995, he has specialized in serving as a plantiffs' personal injury lawyer and has also handled business and real estate litigation matters during that time. Previously, Hayes focused his practice on insurance defense. Hayes began his career as a deputy sheriff in Ventura County from 1968 to 1977. He is also an active member of the community, serving as a volunteer with Boy Scouts of America and previously as a volunteer with Special Olympics. Hayes earned his Juris Doctorate degree from Santa Clara University School of Law and Bachelor of Science degree from California Lutheran College. He fills the vacancy created by the retirement of Judge John M. Phillips. Hayes is a Republican.
Press Release
06/09/2005
Governor Schwarzenegger Appoints Larry Hayes to the Monterey County Superior Court
Governor Arnold Schwarzenegger today announced the appointment of Larry E. Hayes to a judgeship in the Monterey County Superior Court. Hayes, 59, of Carmel Valley, has served as a shareholder and attorney at Fenton & Keller since 1980. Since 1995, he has specialized in serving as a plantiffs' personal injury lawyer and has also handled business and real estate litigation matters during that time. Previously, Hayes focused his practice on insurance defense. Hayes began his career as a deputy sheriff in Ventura County from 1968 to 1977. He is also an active member of the community, serving as a volunteer with Boy Scouts of America and previously as a volunteer with Special Olympics. Hayes earned his Juris Doctorate degree from Santa Clara University School of Law and Bachelor of Science degree from California Lutheran College. He fills the vacancy created by the retirement of Judge John M. Phillips. Hayes is a Republican.
Monday, March 29, 2010
Mediation in Jane Miller Lawsuit, but No Settlement
ABSTRACT: While the parties involved in on-leave Human Resources Manager Jane Miller’s lawsuit alleging sexual harassment, age-based and sex-based discrimination and retaliation mediated with Judicial Arbitration and Mediation Services, Inc., in San Jose last Friday, 26 March 2010, a settlement was not reached. Next date is the Case Management Conference, April 2, 2010 at 8:45 A.M., Courtroom 4, Judge Larry Hayes presiding. “A Case management Conference (CMC) is part of the court procedure. It is a meeting between the judge and the parties (the Plaintiff and the Defendant). The lawyers representing the parties may also appear at the conference. A case management conference usually happens after a plaintiff begins a law suit, but before the trial. The meeting is not a trial and as such witnesses don't need to be present. The main purpose of the meeting is to try settling some or all of the issues in dispute before going to trial. If no settlement is achieved at the CMC, the matter will proceed to trial.” At the CMC, the Court may assign a trail date for within 3 to 5 months, jury or judge trail or a 90 hays hiatus, according the Jane Miller’s attorney, Michael Stamp. The City has expended a total of $84,407.33 as of October 2009 for legal fees in this case, according to the article, Mediation planned in sex-harassment suit, The Carmel Pine Cone, March 19, 2010, 11A. An ADDENDUM consisting of the Local Rules of Court, Superior Court of California, County of Monterey regarding Case Management Conferences and link is provided.
Case Information
Case Number GNM99513
Case Caption Miller, Jane Kingsley vs City of Carmel-by-the-Sea
Filing Date 6/17/2009
Case Type Civil: Monterey
Filing Type Complaint
Original Filing Date 6/17/2009
Case Management Conference 4/2/2010 08:45:00 Courtroom 04
ADDENDUM:
Superior Court of California, County of Monterey
Local Rules of Court
January 1, 2009
6.09 CASE MANAGEMENT CONFERENCES
a) Case Management Conferences may be set at a time and date different than that set forth in 6.03(f)(2) as determined by the Supervising Judge of the Civil Department.
b) At the Case Management Conference, counsel for each party and each selfrepresented party must appear personally or telephonically, must be familiar with the case, and must be prepared to discuss all matters contained in the Case Management Statements. Failure to attend or to participate effectively may result in appropriate sanctions.
c) At or before the Case Management Conference, the Court may determine the appropriate jurisdictional level and/or take any of the following actions:
1. Determine the potential complexity and/or length of the matter and assign it to a CASE CATEGORY;
2. Refer the matter to arbitration, voluntary settlement conference, private mediation, court-directed mediation, or other alternative dispute resolution procedure;
3. Order that the rules for Economic Litigation shall apply, CCP 90 and 91;
4. Assign the case to a particular judge for all purposes;
5. Make orders establishing discovery schedules including but not limited to a discovery cut-off, exchange of expert witness information, and a schedule for completion of expert depositions;
6. Set the matter for mandatory settlement conference as provided in these rules;
7. Assign a trial date;
8. Make appropriate Trial Management Orders in accordance with these rules; and/or
9. Make any other orders to achieve the interests of justice and the timely disposition of the case.
d) If it appears for good cause that the matter will not be ready for trial within 3 to 5 months of the Case Management Conference, the Court shall set additional Case Management or Status Conferences as necessary.
e) Failure to file a Case Management Statement, appear at the Case Management Conference, or participate effectively at the Case Management Conference may result in appropriate sanctions. (Adopted effective October 1, 1998; Amended effective January 1, 2003; Amended effective January 1, 2007)
(Source: Superior Court of California In and for County of Monterey, Local Rules of Court, January 1, 2009, page 93)
Case Information
Case Number GNM99513
Case Caption Miller, Jane Kingsley vs City of Carmel-by-the-Sea
Filing Date 6/17/2009
Case Type Civil: Monterey
Filing Type Complaint
Original Filing Date 6/17/2009
Case Management Conference 4/2/2010 08:45:00 Courtroom 04
ADDENDUM:
Superior Court of California, County of Monterey
Local Rules of Court
January 1, 2009
6.09 CASE MANAGEMENT CONFERENCES
a) Case Management Conferences may be set at a time and date different than that set forth in 6.03(f)(2) as determined by the Supervising Judge of the Civil Department.
b) At the Case Management Conference, counsel for each party and each selfrepresented party must appear personally or telephonically, must be familiar with the case, and must be prepared to discuss all matters contained in the Case Management Statements. Failure to attend or to participate effectively may result in appropriate sanctions.
c) At or before the Case Management Conference, the Court may determine the appropriate jurisdictional level and/or take any of the following actions:
1. Determine the potential complexity and/or length of the matter and assign it to a CASE CATEGORY;
2. Refer the matter to arbitration, voluntary settlement conference, private mediation, court-directed mediation, or other alternative dispute resolution procedure;
3. Order that the rules for Economic Litigation shall apply, CCP 90 and 91;
4. Assign the case to a particular judge for all purposes;
5. Make orders establishing discovery schedules including but not limited to a discovery cut-off, exchange of expert witness information, and a schedule for completion of expert depositions;
6. Set the matter for mandatory settlement conference as provided in these rules;
7. Assign a trial date;
8. Make appropriate Trial Management Orders in accordance with these rules; and/or
9. Make any other orders to achieve the interests of justice and the timely disposition of the case.
d) If it appears for good cause that the matter will not be ready for trial within 3 to 5 months of the Case Management Conference, the Court shall set additional Case Management or Status Conferences as necessary.
e) Failure to file a Case Management Statement, appear at the Case Management Conference, or participate effectively at the Case Management Conference may result in appropriate sanctions. (Adopted effective October 1, 1998; Amended effective January 1, 2003; Amended effective January 1, 2007)
(Source: Superior Court of California In and for County of Monterey, Local Rules of Court, January 1, 2009, page 93)
Friday, March 26, 2010
OPEN LETTER TO ENDORSERS OF MAYOR SUE McCLOUD
ABSTRACT: An OPEN LETTER TO ENDORSERS OF MAYOR SUE McCLOUD, consisting of comments made by former city employee Stephanie Pearce and designer and developer John Mandurrago, information from on-leave Human Resources Manager Jane Miller's lawsuit against the City, and concluding with five questions to endorsers of Mayor Sue McCloud, is presented.
OPEN LETTER TO ENDORSERS OF MAYOR SUE McCLOUD:
Edith Adams
Jane Addicott
Susan Addicott
Carmen Ajan
Pat and Mike Allen
Amber Archangel
Robert Ballard
Sigrid Banks
Mitsu and Bart Bartron
Carolina Bayne
Victoria Beach
Susan and Bob Belk
Carol Bergere
Sarah and Clay Berling
Judy and Woody Beville
Roger Bolgard
Angele and Silvio Borello
Justin Borello
Phil Bowhay
Helen and Beau Breck
Sylvia and Buck Breiholz
Paul Brocchini
Sarah Brown
Pam and Chris Carroll
Joseph Chaffers
Sarah and Gary Chang
Terry Christiansen
Gene and Bob Clifford
Pat and Lee Cogan
Gene Conley
Marilyn and Lee Cox
Mary Kay Crockett
Julie Culver
Lori and Erik Davidson
Nancy and Bill Doolittle
Jean Draper
Francis Duda
Corky Duke
Eldana and Herb Eggleston
Pat and Bill Eggleston
Gloria and Lee Eldred
Janis and Randy Elliott
Mary Ann and Joe Ford
Joyce and Jerry Frasca
Richard Frederickson
Midge Frick
Karol and Gerry Gleason
Patricia Golman
Dolores (Dee) Hagey
Jon Hagstrom
Diane and Bruce Hanger
Lindsey Hanna
Harriet Harrell
Lillian Hazdovac
Pat Hazdovac
Paula Hazdovac
Alex Heid
Jim Heilig
Dale Hekhuis
Dorothy and Howard Herning
Connie and Ken Hess
Steve Hillyard
Kay and Don Holz
Todd Hornik
David How
Angie Irvine
Carl Iverson
Ralph Jacobs
Donna Jett
Casey Jones
Mary Jones
Sally and William Kadell
Les Kadis
Carol and Jesse Kahn, MD
Pam and Clyde Klaumann
Ann Marie Kors
Marguerite and John Krisher
Elinor Laiolo
Gary LaMar
Doris Lawton
Jill Lee
Marian Leidig
Tom Leverone
Denny Levett
Keira and Matt Little
Judy and Gary Logan
Mary and Warren Luch
Vicki and Michael Lynch
Caroline MacDonald
Sally Magee
Sheila and Joe Mark
Don McBride
Linda and Walter McCarthy
Ruth McClendon
Gene McFarland
Judy and Phil Melrose
Sharon and Stanley Meresman
Pam and Steve Meyer
Wayne Moon
Gisela and Peter Murray
Maria Murray
Lillian and Warren Neidenberg
Diz Newman
Marge and Dick Nystrom
Lani and Tom O’Day
Lynn and Bob O’Neill
Karl Pallastrini
Roger Parkes
Herschel Peak
Burt Pike
Jane and Jim Price
Judy Profeta
Debra Quayle
Ruth Rachel
Jan and Niels Reimers
Mary and John Ricksen
Nita Robbins
Dio Roberts
Chris and Graeme Robertson
Paige and Carl Roetter
Gerard Rose
Robin Rote
Anne Rurka
Terry Russey
Sam Salerno
Jonathan Sapp
Gail and Bill Scearce
Debbie and Dennis Sharp
Karen and David Sharp
Kathy and Bill Sharpe
Jill Sheffield
Donna Shore
Pat and Dick Sippel
Mary Jane and Kurt Sligar
Connie Smith
Flo Snyder
Jean Sonoda
Connie and Bob Spencer
Pat Steele
Cathy Stewart
Dick Stewart
Pat and Ron Stofle
Clyde Sturges
Nancie and Merv Sutton
Ken Talmage
Ann and Chris Tescher
Judy Thodos
Paula and George Tipton
Hilary Traynor-Duda
William Tyler
Patricia VanKirk
Joan and Dick Volberg
Patricia and George Walker
Jack Wheatley
Carla and Jeff White
Susan Willey
Marian and Ron Wormser
Renate and Don Wunsch
Anna Yateman
Linda Yelllich
Edna Young
Within the last months, former 34-year city employee Stephanie Pearce has publicly commented that Carmel lacks integrity. Some of Pearce’s comments, as follows:
• “...I was outraged by the hostile punitive actions I saw carried out by the city administrator against other long time dedicated employees. I believe these actions were approved by the mayor."
• “I have a long personal knowledge of Carmel working conditions and I speak out on behalf of all the individuals quietly forced out of their jobs and on behalf of the remaining city employees who continue to work in a toxic, stressful workplace. This toxic environment exists in large part because other certain special employees were given fast-track promotions, substantial salary increases and policy-making roles beyond their job descriptions.”
• “The open scandal that has pervaded city hall and demoralized city staff is not just “negativity” that must be kept confidential pending legal resolution. It is an egregious betrayal of the public trust to allow creation and continuance of a hostile workplace environment, showing profound lack of respect for city workers.”
• “There have been personal vendettas against individual workers, and the mayor has worked hand in glove with the city administrator whose inappropriate and unprofessional relationships have created a city workplace imbued with an atmosphere of stress, hostility and fear.”
• “...city government in Carmel is badly broken.”
• “...a pattern of avoiding and ignoring resident and staff concerns on the part of upper management. I observed the mayor pursue pet projects and ignore the compromising circumstances being reported about the city administrator. A majority of department managers were forced out, leaving a leaderless skeleton staff to provide non-safety services to residents.”
And comments from designer and developer John Mandurrago, as follows:
• “...I have watched Mayor Sue McCloud pursue personal vendettas and expose Carmel to extraordinary legal liability...for example, a Carmel City Hall employee handed me a fax that was addressed to all planning commissioners discussing one of my projects. The fax was sent by Sue McCloud, and, after putting forth substantive arguments against my project, it concluded “if we all hang together on this, we can kill this project.” Several elected Carmel officials told me McCloud’s fax was unethical conduct and a violation of the Brown Act.”
• “Shortly after McCloud was elected mayor, Rich Guillen asked me to meet with him and McCloud at city hall. McCloud had a scowl on her face, leaned over the table, and said “things are going to be different from now on,” a comment which I took as a threat.”
• “ Carmel residents and Carmel business owners deserve an ethical mayor. And Sue McCloud is not an ethical mayor.”
Additionally, on-leave Human Resources Manager Jane Miller filed a lawsuit against the City alleging sexual harassment, age-based and sex-based employment discrimination and retaliation. Miller’s court file includes information about four former city senior management employees who settled their claims of “hostile” work environment and being forced into early retirement for over $500,000.
Questions:
• Is it your expectation that elected city officials behave with integrity and in an ethical manner?
• Given the aforementioned credible assertions from numerous former and current city employees and a Carmel resident, why have you endorsed Mayor Sue McCloud for a sixth term?
• Is retaining “EXPERIENCE, CONTINUITY AND FISCAL RESPONSIBILITY” more important to you as a voter than having an ethical and honest mayor?
• Why would anyone of integrity support an unethical mayor who has been dismissive of the serious concerns and complaints of city employees and residents?
• What does your endorsement of Mayor Sue McCloud say about your own characters, or lack of characters?
OPEN LETTER TO ENDORSERS OF MAYOR SUE McCLOUD:
Edith Adams
Jane Addicott
Susan Addicott
Carmen Ajan
Pat and Mike Allen
Amber Archangel
Robert Ballard
Sigrid Banks
Mitsu and Bart Bartron
Carolina Bayne
Victoria Beach
Susan and Bob Belk
Carol Bergere
Sarah and Clay Berling
Judy and Woody Beville
Roger Bolgard
Angele and Silvio Borello
Justin Borello
Phil Bowhay
Helen and Beau Breck
Sylvia and Buck Breiholz
Paul Brocchini
Sarah Brown
Pam and Chris Carroll
Joseph Chaffers
Sarah and Gary Chang
Terry Christiansen
Gene and Bob Clifford
Pat and Lee Cogan
Gene Conley
Marilyn and Lee Cox
Mary Kay Crockett
Julie Culver
Lori and Erik Davidson
Nancy and Bill Doolittle
Jean Draper
Francis Duda
Corky Duke
Eldana and Herb Eggleston
Pat and Bill Eggleston
Gloria and Lee Eldred
Janis and Randy Elliott
Mary Ann and Joe Ford
Joyce and Jerry Frasca
Richard Frederickson
Midge Frick
Karol and Gerry Gleason
Patricia Golman
Dolores (Dee) Hagey
Jon Hagstrom
Diane and Bruce Hanger
Lindsey Hanna
Harriet Harrell
Lillian Hazdovac
Pat Hazdovac
Paula Hazdovac
Alex Heid
Jim Heilig
Dale Hekhuis
Dorothy and Howard Herning
Connie and Ken Hess
Steve Hillyard
Kay and Don Holz
Todd Hornik
David How
Angie Irvine
Carl Iverson
Ralph Jacobs
Donna Jett
Casey Jones
Mary Jones
Sally and William Kadell
Les Kadis
Carol and Jesse Kahn, MD
Pam and Clyde Klaumann
Ann Marie Kors
Marguerite and John Krisher
Elinor Laiolo
Gary LaMar
Doris Lawton
Jill Lee
Marian Leidig
Tom Leverone
Denny Levett
Keira and Matt Little
Judy and Gary Logan
Mary and Warren Luch
Vicki and Michael Lynch
Caroline MacDonald
Sally Magee
Sheila and Joe Mark
Don McBride
Linda and Walter McCarthy
Ruth McClendon
Gene McFarland
Judy and Phil Melrose
Sharon and Stanley Meresman
Pam and Steve Meyer
Wayne Moon
Gisela and Peter Murray
Maria Murray
Lillian and Warren Neidenberg
Diz Newman
Marge and Dick Nystrom
Lani and Tom O’Day
Lynn and Bob O’Neill
Karl Pallastrini
Roger Parkes
Herschel Peak
Burt Pike
Jane and Jim Price
Judy Profeta
Debra Quayle
Ruth Rachel
Jan and Niels Reimers
Mary and John Ricksen
Nita Robbins
Dio Roberts
Chris and Graeme Robertson
Paige and Carl Roetter
Gerard Rose
Robin Rote
Anne Rurka
Terry Russey
Sam Salerno
Jonathan Sapp
Gail and Bill Scearce
Debbie and Dennis Sharp
Karen and David Sharp
Kathy and Bill Sharpe
Jill Sheffield
Donna Shore
Pat and Dick Sippel
Mary Jane and Kurt Sligar
Connie Smith
Flo Snyder
Jean Sonoda
Connie and Bob Spencer
Pat Steele
Cathy Stewart
Dick Stewart
Pat and Ron Stofle
Clyde Sturges
Nancie and Merv Sutton
Ken Talmage
Ann and Chris Tescher
Judy Thodos
Paula and George Tipton
Hilary Traynor-Duda
William Tyler
Patricia VanKirk
Joan and Dick Volberg
Patricia and George Walker
Jack Wheatley
Carla and Jeff White
Susan Willey
Marian and Ron Wormser
Renate and Don Wunsch
Anna Yateman
Linda Yelllich
Edna Young
Within the last months, former 34-year city employee Stephanie Pearce has publicly commented that Carmel lacks integrity. Some of Pearce’s comments, as follows:
• “...I was outraged by the hostile punitive actions I saw carried out by the city administrator against other long time dedicated employees. I believe these actions were approved by the mayor."
• “I have a long personal knowledge of Carmel working conditions and I speak out on behalf of all the individuals quietly forced out of their jobs and on behalf of the remaining city employees who continue to work in a toxic, stressful workplace. This toxic environment exists in large part because other certain special employees were given fast-track promotions, substantial salary increases and policy-making roles beyond their job descriptions.”
• “The open scandal that has pervaded city hall and demoralized city staff is not just “negativity” that must be kept confidential pending legal resolution. It is an egregious betrayal of the public trust to allow creation and continuance of a hostile workplace environment, showing profound lack of respect for city workers.”
• “There have been personal vendettas against individual workers, and the mayor has worked hand in glove with the city administrator whose inappropriate and unprofessional relationships have created a city workplace imbued with an atmosphere of stress, hostility and fear.”
• “...city government in Carmel is badly broken.”
• “...a pattern of avoiding and ignoring resident and staff concerns on the part of upper management. I observed the mayor pursue pet projects and ignore the compromising circumstances being reported about the city administrator. A majority of department managers were forced out, leaving a leaderless skeleton staff to provide non-safety services to residents.”
And comments from designer and developer John Mandurrago, as follows:
• “...I have watched Mayor Sue McCloud pursue personal vendettas and expose Carmel to extraordinary legal liability...for example, a Carmel City Hall employee handed me a fax that was addressed to all planning commissioners discussing one of my projects. The fax was sent by Sue McCloud, and, after putting forth substantive arguments against my project, it concluded “if we all hang together on this, we can kill this project.” Several elected Carmel officials told me McCloud’s fax was unethical conduct and a violation of the Brown Act.”
• “Shortly after McCloud was elected mayor, Rich Guillen asked me to meet with him and McCloud at city hall. McCloud had a scowl on her face, leaned over the table, and said “things are going to be different from now on,” a comment which I took as a threat.”
• “ Carmel residents and Carmel business owners deserve an ethical mayor. And Sue McCloud is not an ethical mayor.”
Additionally, on-leave Human Resources Manager Jane Miller filed a lawsuit against the City alleging sexual harassment, age-based and sex-based employment discrimination and retaliation. Miller’s court file includes information about four former city senior management employees who settled their claims of “hostile” work environment and being forced into early retirement for over $500,000.
Questions:
• Is it your expectation that elected city officials behave with integrity and in an ethical manner?
• Given the aforementioned credible assertions from numerous former and current city employees and a Carmel resident, why have you endorsed Mayor Sue McCloud for a sixth term?
• Is retaining “EXPERIENCE, CONTINUITY AND FISCAL RESPONSIBILITY” more important to you as a voter than having an ethical and honest mayor?
• Why would anyone of integrity support an unethical mayor who has been dismissive of the serious concerns and complaints of city employees and residents?
• What does your endorsement of Mayor Sue McCloud say about your own characters, or lack of characters?
Thursday, March 25, 2010
On-Leave Human Resources Manager Jane Miller & City of Carmel-by-the-Sea: Mediation with Judicial Arbitration and Mediation Services, Inc. (J•A•M•S)
ABSTRACT: With regard to on-leave Human Resources Manager Jane Miller’s legal complaint against the City of Carmel-by-the-Sea, et al. (M99513) alleging sexual harassment, age-based and sex-based employment discrimination and retaliation, the parties have agreed to mediation with Judicial Arbitration and Mediation Services, Inc. (J•A•M•S) on Friday, March 26, 2010 in San Jose, CA., according to a case management statement filed by Jane Miller’s attorney, Michael Stamp. Information about JAMS and mediation is presented.
About JAMS
Fast Facts
JAMS is the largest private alternative dispute resolution (ADR) provider in the world. With its prestigious panel of neutrals, JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases – those in which the choice of neutral is crucial.
The Experts
More than 250 full-time neutrals, including retired judges and attorneys with proven track records. Over 190 employee associates.
Resolution Rate
Based on past results, JAMS takes pride that almost all of the cases mediated, even the most complex ones, are successfully resolved
Mediation Defined
Nature of the Process
Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
MEDIATIVE PROCESSES
In Mediative Processes, a third party neutral works to facilitate a negotiated settlement between the parties. The mediator facilitates the negotiations and evaluates the relative merits of the claims and defenses. The neutral does not have power to impose a solution or decision - the parties retain ultimate control over the outcome.
JAMS Mediation Guide
A Guide to Mediation for Lawyers and their Clients
JAMS Resolution Center-San Jose, CA.
160 W. Santa Clara Street
Suite 1150
San Jose, CA 95113
About JAMS
Fast Facts
JAMS is the largest private alternative dispute resolution (ADR) provider in the world. With its prestigious panel of neutrals, JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases – those in which the choice of neutral is crucial.
The Experts
More than 250 full-time neutrals, including retired judges and attorneys with proven track records. Over 190 employee associates.
Resolution Rate
Based on past results, JAMS takes pride that almost all of the cases mediated, even the most complex ones, are successfully resolved
Mediation Defined
Nature of the Process
Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
MEDIATIVE PROCESSES
In Mediative Processes, a third party neutral works to facilitate a negotiated settlement between the parties. The mediator facilitates the negotiations and evaluates the relative merits of the claims and defenses. The neutral does not have power to impose a solution or decision - the parties retain ultimate control over the outcome.
JAMS Mediation Guide
A Guide to Mediation for Lawyers and their Clients
JAMS Resolution Center-San Jose, CA.
160 W. Santa Clara Street
Suite 1150
San Jose, CA 95113
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