The Carmel-by-the-Sea WATCHDOG!

Sunday, May 06, 2012

Flanders Foundation Letter to Honorable Mayor Burnett & City Council Members: ‘we would like to work with the council and staff on a resolution that is a “win-win” for all’

ABSTRACT: In Melanie C. Billig’s 23 April 2012 letter to Honorable Mayor Burnett & City Council Members on behalf of the Flanders Foundation, she writes “In a spirit of cooperation and a desire to work toward healing community division over the sale of Flanders Mansion, we would like to work with the council and staff on a resolution that is a “win-win” for all.” She further inquires “if the council is interested in partnering with us on any level.” The letter of April 23, 2012 is embedded. As of May 15, 2012, "the City has not responded to Ms. Billig's April 23, 2012 letter to the City," according to City Administrator Jason Stilwell. Flanders Foundation's letter of March 6, 2012 regarding Consent Calendar Items G, H & I on the City Council's meeting agenda is also embedded.

FLANDERS FOUNDATION Letter to City April 2012

Flanders Foundation Letter to Honorable Mayor Burnett & City Council Members, April 23, 2012

Flanders Foundation Letter to City March 6 2012 OCR Document

Flanders Foundation Letter to Honorable Mayor and Councilmembers, Re: Consent Items G, H & I, March 6, 2012

Monterey Peninsula Regional Water Authority Technical Advisory Committee Members Dolan & Riley ‘Deficiency’ Memos regarding Cal-Am’s Monterey Peninsula Water Supply Project

ABSTRACT: Two members of the Technical Advisory Committee (TAC) of the Monterey Peninsula Regional Water Authority, a Joint Power Authority (JPA) that consists of six cities, the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside whose “purpose is to study, plan, develop, finance acquire, construct, maintain, repair, manage, operate, control and govern Water Projects either alone or in cooperation with other public or private non-member entities,” Roger Dolan and George Riley, issued memos regarding “deficiencies” in Cal-Am’s Monterey Peninsula Water Supply Project (MPWSP). The memos are embedded (pgs. 4 & 5). In his Memo, Roger Dolan cited “several deficiencies” involving CalAm’s proposals to use slant wells in the Salinas Valley (SV), the MRWPCA outfall pipe for the disposal of concentrate and a “supplemental” EIR which only addresses four features of the project that they consider the only changes from the RP EIR: change in location of the plant and wells, and the changes in the sizes of both. George Riley, in his Memo, cited Cal-Am decision-making deficiencies, including, as follows:

1. Developed without open public input and related transparency.

2. Does not contain a governance structure, nor local representation in any way.

3. Seeks to bypass county ordinance 1072 requiring public ownership of desal.

4. County ordinance 1072 will continue to apply to other desal proposals.

5. Seeks to change the ground rules for Cal Am's two competitors that have desal proposals.

6. Does not contain a public partner nor plans for a public partner.

7. Does not contain public agency financing, which can lower amortization costs.

8. Ignores local court ruling that the EIR for RDP was faulty.

9. Has made no provision for a full EIR of cumulative impacts.

10. Ignores the requirement for an EIR evaluation of existing alternative desal proposals.

11. Claims to have a CPUC letter overruling county ordinance 1072, with no public discussion.

12. Cal Am assumes it has sole discretion to decide if ASR and GWR projects are on schedule.

13. Peninsula ratepayers again will pay for asset, but have no ownership stake.

TECHNICAL ADVISORY COMMITTEE Dolan and Riley Memos

Technical Advisory Committee Dolan & Riley Memos

ADDENDUM:

Cal Am supply plan draws fire

Panelists say public input lacking, laws being ignored

By JIM JOHNSON Herald Staff Writer, 05/05/2012

Monterey Peninsula Regional Water Authority: Joint Power Authority (JPA) of the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside

ABSTRACT: The Monterey Peninsula Regional Water Authority (MPRWA) is a Joint Power Authority (JPA) that consists of six cities, the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside. The purpose is to study, plan, develop, finance acquire, construct, maintain, repair, manage, operate, control and govern Water Projects either alone or in cooperation with other public or private non-member entities. MPRWA’s By-Laws, Joint Powers Agreement and NOTICE OF A JOINT POWERS AGREEMENT are embedded.

Monterey Peninsula Regional Water Authority

Mission Statement

The Monterey Peninsula Regional Water Authority (MPRWA) is a Joint Power Authority (JPA) that consists of six cities, the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City and Seaside. The purpose is to study, plan, develop, finance acquire, construct, maintain, repair, manage, operate, control and govern Water Projects either alone or in cooperation with other public or private non-member entities.

Mprwa Bylaws 2012
Monterey Peninsula Regional Water Authority By-Laws

MPRWA JPAgreement 2012
Monterey Peninsula Regional Water Authority Agreement

Notice of a Joint Powers Agreement Mprwa 2012 Ocr Document
NOTICE OF A JOINT POWERS AGREEMENT
(Government Code section 6503.5)

Dated February 10, 2012

FILED in the Office of the Secretary of State of the State of California April 16, 2012

Saturday, May 05, 2012

Carmel Art Association Presents GROUP SHOW ‘FOUR VIEWS’ FEATURING OIL PAINTINGS BY FARINA, GRAUER, ROBBINS & WILLIAMS

Carmel Art Association

A Proud Heritage:

"Since 1927, this historic Carmel gallery has been a showcase for the works of some of California's most renowned artists. Continuing that proud tradition today, the CAA features paintings and sculpture by over 120 of the area's most noted professional artists living on the Central Coast."

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

For more information, Online or (831) 624-6176.

Carmel Art Association Presents GROUP SHOW ‘FOUR VIEWS’FEATURING OIL PAINTINGS BY FARINA, GRAUER, ROBBINS & WILLIAMS

Thursday, May 3, 2012 – Tuesday, June 5, 2012

GROUP SHOW “FOUR VIEWS” BY FARINA, GRAUER, ROBBINS & WILLIAMS

(Beardsley Room)

Painters Mark Farina, Ron Grauer, Stan Robbins and Andy Williams demonstrate four unique approaches to painting the landscape of Monterey County including paintings painted on location (en plein air).

View painter Mark Farina’s brief biography and oil painting images including "Weston Cove,” "Moonlight Over the Bay" and "Tole Teapot & Apple Bough."

(Mark Farina Art Studio)

View painter Ron Grauer’s Artist's Statement and oil painting images including "Asilomar Rocks and Surf," "Tree Grouping," "Roses in San Miguel Vase" and "14th St. Beach."

(Ron Grauer & Lois Johnson Fine Art)

View painter Stan Robbins’GALLERY SHOWCASE: Stan Robbins“What I Saw on My Vacation" Sept 8 – Oct 4, 2011 including Monument Valley Rock Face, Johnson Canyon, Kanab Red Rock, Rock Face and Tails, Mt. Carmel Morning, Sugar Knowll I, Sugar Knowll II, Sugar Knowll III, Monument Valley Dry Wash, Vermillion Cliffs, Johnson Canyon Dawn, Solid Rock and Wash.

(Stan Robbins Artist & Painter)

View painter Andy Williams’ New Member Show: Andy Williams June 5 – July 1, 2008 painting images including Surfing at Edgar’s Point, Dude, Where are you? California Bronco, Bottom Lands, Tres Pinos Tractor, River Road Spring and San Juan Tractor.

(ANDY WILLIAMS STUDIO)

Opening Reception - Saturday, May 5, 6:00 P.M. to 8:00 P.M.

SPECIAL EVENT

Painting Demonstrations-Outdoors in the Garden or Indoors

Saturday, May 19, 2012

11:00 A.M. – 1:00 P.M. Patty Biederman & Cornelia Emery

View painter Patty Biederman’s brief biography and oil painting images including "Sunny Day at the Farm" "Mission Ranch" "Apple Farm" and "Maine Barn."

View painter Cornelia Emery’s brief biography and oil painting images including "The Catch is In,” "At the Museum," "La Bicyclette II" and "Royal Seafood."

(CORNELIA EMERY'S PAINTING A DAY)

1:30 P.M. – 3:30 P.M. Mark Farina

View painter Mark Farina’s brief biography, oil painting images including "Weston Cove "Moonlight Over the Bay" and "Tole Teapot & Apple Bough."

(Mark Farina Art Studio)

CALIFORNIA BUSINESS ENVIRONMENT No. 50: ‘ninth circle of business hell’

ABSTRACT: In Chief Executive Magazine’s annual survey of CEO opinion of the Best and Worst States in which to do business (2012), executives ranked California as the worst place to do business for the eighth year in a row. 650 executives responded to the survey; CEOs were asked to grade states among a variety of areas, including tax policies and regulation, workforce quality, educational resources, quality of living and infrastructure. Among the survey findings: California’s economy “substantially underperforms” compared to the rest of the country; unemployment rate 10.9%, third highest rate in the U.S.; and California has one-third of the nation’s welfare recipients. 254 California companies moved some or all of their work and jobs out of state in 2011, an increase of 26 percent over the previous year and five times as many as in 2009, according to Spectrum Locations Consultants. Some CEO comments include "California continues to head in the wrong direction as its tax policies will drive more businesses and people to relocate in other states. State politicians feel business and commerce are “necessary evils” that provide the funds to enable pursuit of their misguided agendas” and “California government is difficult to work with and very bureaucratic. Taxes and regulation are high and unruly.” Additionally, the State-Local Tax Burden Rate (%): 10.59 Compared to Nat’l Avg. (9.8%): 0.79. And notably, California’s economy, the world’s sixth largest a decade ago, is in ninth place and from 2000 to 2010, California’s share of the national economy shrank faster than all but three states, according to the Bureau of Economic Analysis.

REFERENCES:

Another Triumph for Texas:Best/Worst States for Business 2012

May 2 2012 by JP Donlon

California is the Worst Statefor Business 2012

May 2 2012 by ChiefExecutive.net

California named worst state for business in magazine survey

California Business Roundtable Taps Pulse of Voters on Business Climate, the Economy and Budget Reform

By Rob Lapsley

President, California Business Roundtable

Monday, April 30th, 2012

NEW: CEOS rank California worst state for business

May 4, 2012

By Joseph Perkins

Best/Worst States for Business 2011

May 3 2011 by JP Donlon

Friday, May 04, 2012

‘MINUTES’ for Four Noteworthy 1 May 2012 City Council Agenda Items

“MINUTES”

CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

Tuesday, May 1, 2012

Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Beach, Hazdovac, Talmage and Mayor Burnett

ABSENT: None

STAFF PRESENT (partial list): Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Don Freeman, City Attorney

Marc Wiener, Associate Planner

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Potential Litigation -- Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

3. Property Negotiations – Gov’t. Code Section 54956.8, Between City Administrator Jason Stilwell and Rick Stemple regarding the Flanders Property.

4. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding labor negotiations with the two bargaining units.

City Attorney Don Freeman announced that the City Council met in closed session on Monday and there were no announcements for the public except regarding Gov’t. Code Section 54956.8, Between City Administrator Jason Stilwell and Rick Stemple regarding the Flanders Property which involved real property negotiations involving the City and the negotiating party for the developer and only price and terms were discussed.

Related Article: Carmel in Negotiations for Flanders Mansion Property Deal

Blog: News Blog By Sara.Rubin May 2, 2012

VII. Consent Calendar

E. Consideration of a Resolution authorizing the City Administrator to amend an existing contract with Neill Engineering for services related to the City’s ASBS Dry Weather Diversion Grant.

Mayor Burnett opened and closed the meeting to public comment.

Council Member HAZDOVAC moved to approve Consent Agenda Items A-E, seconded by Council Member TALMAGE and carried unanimously.

XI. Orders of Council

B. Provide direction regarding the placement of a 9/11 memorial on City property.

City Administrator Stilwell presented the staff report. A group of citizens traveled to Carmel, N.Y. to retrieve a piece of steel from the World Trade Center with the intent of it becoming a 9/11 Memorial for Carmel. Two issues involve consideration of memorial on private property through public hearing process or locations on public property and referred to the Planning Commission.

Marc Wiener, Associate Planner, reviewed potential public locations:

• In the gardens in front of the Police Station.

• Inside the Fire Station.

• Devendorf Park

• First Murphy Park (possibly on the viewing platform)

• Piccadilly Park

CarrieAnn addressed the 9/11 memorial entitled "Resolve & Remembrance" Memorial for Carmel and recounted the cutting on March 20 in New York and thanked Monterey Firefighters Association and their families for accompanying the piece of steel across the country to Carmel. In explaining “why Carmel,” she stated that 9/11 affected all Americans and we all felt the loss on 9/11 and a memorial would assist us bridge the loss. She advocated placement at Devendorf Park which was a “gift for central gatherings.”

To Hazdovac’s query, she stated that the Carmel Firefighters would maintain the Memorial “for life”

To Beach’s query, she circulated the proposed design for the 15” x 12” steel piece. And she stated htat material will be supplied by John Mandurrago and designed by Jim Griffith

Mayor Burnett opened the meeting to public comment.

Monte Miller and John Sap stated it would be fitting for the 9/11 Memorial to be in Devendorf Park, home to other war memorials.

Carl Iverson stated that as an “international village” it is appropriate for a 9/11 Memorial to be in Carmel and supported the Memorial in Devendorf Park.

Robin Feltenberg, a volunteer member of American legion auxiliary, stated she was “privileged and honored” to be at the Carmel Fire Station when the piece of steel arrived in Carmel.

Diane Whitaker applauded the Council for its wisdom in placing 9/11 Memorial in Carmel.

Chuck Danh stated that it is a “great honor” to have a piece of history in the 9/11 Memorial in Carmel and advocated for placement in Devendorf Park.

John Hanson, city employee, stated that 9/11 changed his life drastically and he is proud to have the Memorial in Carmel.

Mayor Burnett closed the meeting to public comment.

Council Member Beach stated the Memorial represents a location for people to remember and imaged a gathering in Devendorf Park. She stated that 9/11 was the “most important world historic thing” which has happened in her lifetime.

Council Member Talmage advocated that the most appropriate place was Devendorf Park with the other war memorials, but he did not want to commercialize the 9/11 Memorial. He stated he did not want a competition among artists for design.

Council Member Hazdovac suggested calling for sculpture design submissions and refer to Planning Commission with Council and public input for location in Devendorf Park.

Mayor Burnett used adjectives to describe the 9/11 Memorial including “somber, private, serious, understated, discrete and simple.” And he stated that the appropriate thing to do is for the City Council to ask staff to take to the Planning Commission and bring back proposal including guidelines, et cetera.

Mayor Burnett reopened the meeting to public comment.

John Mandurrago stated that it was not necessary to add more ornamentation.

John Sap stated he liked design with Carmel stone.

CarrieAnn stressed that the 9/11 Memorial be “accessible to all.”

Carolyn Hardy stated her concern was for the 9/11 Memorial to not overwhelm the other memorials in Devendorf Park.

Mayor Burnett reclosed the meeting to public comment.

Council Member TALMAGE moved to place 9/11 Memorial in Devendorf Park, ask Staff to prepare proposal for Planning Commission and send to Planning Commission with Council direction and encourage public participation regarding submissions for base, if appropriate, seconded by Council Member BEACH and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; BEACH; TALMAGE & BURNETT

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: NONE

Note: “RESOLVE & REMEMBRANCE"

Carmel by the Sea's

September 11th Memorial

9-11 Memorial / Freedom Tower Update - (April 28th, 2012)

World Trade Center - Craig Armstrong -

World Trade Center Theme Song

C. Receive report and provide direction on future water supply.

Mayor Burnett spoke of Cal-Am’s presentation on a new water supply project submitted to the California PUC. Cal-Am proposes a three-part solution namely working with the Water Management District on aquifer storage recovery (ASR) (13 acre-ft.), ground water recycling/replenishment (GWR) (3500 acre-ft.) with the Water Management District and the Pollution Control Agency and a desalination project located in the vicinity of the land fill with slant wells near Waste Management property and operated by Cal-Am. With regard to ASR and GWR, Cal-Am will not provide financing for projects. Cal-Am project financed by four sources of capital including a surcharge prior to on-line project ($100 million), line of credit ($15-$20 million), two separate submissions to State to revolving fund (total $100 million) and Cal-Am equity.

City Administrator Stilwell presented a power point presentation.

Monterey Peninsula Regional Water Authority

Formed as Joint Powers Agreement of the 6 Peninsula cities
Carmel City Council appointed the Mayor and Councilmember Talmage as alternative

Goals-Based Plan

Mission

Vision

Two Goals

Cost-Effective Project by Deadline
Unified and Public Voice

JPA review and vet Cal-Am’s new Water Supply Project

Monterey Peninsula Water Supply Project

www.watersupplyproject.org

Cal-Am project application to State PUC

3 part project
new desalination plant
ground water replacement (GWR)
aquifer storage and retrieval (ASR)

$213 million - $260 million desalination plant
Customer rate surcharge proposed to begin in 2013

New water source begins 2017

Council Member Talmage mentioned four issues including amount of water for growth versus status quo; desal plant ownership regarding private versus public-private ownership; financing of private vs. public ownership; and desal plant EIR whether revised EIR or new EIR required.

Mayor Burnett mentioned water rights issue regarding judge’s ruling.

City Attorney Don Freeman stated the water supply project needs to be “environmentally sensitive,” “timely” and “reliable.” He mentioned the Cease and Desist Order (CDO) against Cal-Am and requirement to meet demand regarding over-pumping of the Carmel River.

Mayor Burnett opened the meeting to public comment.

John Sap stated that he had worked on the Regional Desalination Project; that Project was an alternate to Cal-Am’s proposal to the Moss Landing desalination plant. He stressed that Cal-Am is only addressing the CDO, i.e. over-pumping of the Carmel River. Realistically, he stated that he believed that there will not be a project online by CDO deadline and there needs to be a negotiation with the Board for flexibility.

Monte Miller queried about EIR process and adequacy; authority of JPA with PUC; and liability of Pacific Grove with respect to Moss Landing desalination plant.

Michael LePage requested Council’s discussion regarding Cal-Am’s decision on privately owned desalination plant.

Barbara Livingston asked whether hotels have cards with regard to towel replacement.

Carrie Theis, Carmel Innkeepers, stated there are cards in all hotel rooms and they participate in “do not use towels” program, et cetera.

Kristy Downing queried about People’s Desalination Plant and the possibility of joining Pacific Grove and reasons why or why not.

Richard stated we need about 10,500 acre-feet of water; queries involving Salinas Valley agriculture and peninsula users, and payment for premium recycled water.

Mayor Burnett closed the meeting to public comment.

Mayor Burnett stated the PUC lead agency with Cal-Am’s proposed project regarding EIR; JPA to file as party to process involving PUC proceedings; City does not have sufficient information regarding Pacific Grove’s decision to make a decision; Cal-Am’s private ownership and also financing and oversight regarding private versus public ownership; expand ground water replenishment possibility.

Council Member Beach asked estimated costs of GWR and ASR Capacity of aquifer is 48,000 acre-ft. She also asked about logic for ASR amounts; Mayor Burnett answered that the amounts reflected system optimization from an engineering standpoint. Therefore, she gave direction to mayor for cost effectiveness of components.

City Attorney Freeman reviewed Seaside Basin’s water master (judge) and salt-water intrusion possibility. To date, there is no salt-water intrusion. Court has stated no salt-water intrusion allowed.

Mayor Burnett pledged to bring back at least the 218 component next month with a presentation.

City Attorney Freeman mentioned independent numbers sources from Cal-Am in its 11 alternatives analysis study and the City of Monterey consultant engineer’s study.

Tuesday, May 01, 2012

19th Annual Carmel Art Festival 2012: Juried Plein Air Artists

ABSTRACT: The Carmel Art Festival is a non-profit organization; the Carmel Art Festival is “a public benefit event held to education and inspire people of all ages about the visual arts.” The Festival occurs on Thursday, May 17 through Sunday, May 20, 2012 and includes the Plein Air Event, Sculpture in the Park, Quick Draw and Kids Art Day. The Judge, Carmel Art Festival 2012, is Gil Dellinger. The Juried Plein Air Artists are featured with links to their websites and embedded videos for selected artists. On Thursday, May 17 and Friday, May 18, Plein Air artists will be painting throughout the Monterey Peninsula area. The schedule for Saturday, May 19, as follows:

Plein Air Awards, Silent & Live Auction:

 8:00AM - 10:00AM - Judging of Plein Air Paintings.

 10:00AM - 6:00PM - Public view and bidding on plein air paintings from competition.

 5:00PM - Plein Air Awards Ceremony.

 6:00PM -Close of Silent Auction; followed immediately by Live Auction.

And the schedule for Sunday, May 20, as follows:

Quick Draw & Sale of Plein Air Paintings:

Throughout Carmel:

 9:00AM - 11:00Am - "Quick Draw" by winners of Festival; painting throughout Carmel.
Devendorf Park:

 11:00AM - Quick Draw viewing of paintings, followed by Silent & Live Auction about 11:30AM
On Mission Street:

 Plein Air paintings for sale by our Juried Artists.

E-mail contact: 2012@carmelartfestival.org