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CRA News October 2004

Selected articles from the newsletter of the Carmel Residents Association

Bill Leahy, Executive Director of the Big Sur Land Trust
Bill Leahy, Executive Director of the Big Sur Land Trust, is the featured speaker at the Oct. 28 meeting.

CRA Meeting -- Bill Leahy's passion
is preserving our natural resources

Thursday, Oct. 28 -- CRA Meeting
         4:45 p.m. -- Bill Leahy, Exec. Director, Big Sur Land Trust -- "Community-Based Conservation & Land Trusts"
Vista Lobos Meeting Room, Torres between 3rd & 4th

Land trusts play an increasingly vital role in the preservation of important land and other natural resources, which might otherwise end up being developed-or overdeveloped. That is the good news that Bill Leahy, fairly new executive director of the Big Sur Land Trust but longtime battler in the preservation fight, will develop for us when he speaks at the CRA regular meeting on October 28. Leahy's talk, "Community-Based Conservation and Land Trusts," will draw on his present position as well as 11 prior years with The Nature Conservancy. Before joining Big Sur Land Trust, he was project director for Monterey County and The Nature Conservancy's key liaison with the Land Trust.

Bill Leahy received his bachelor's degree in economics from Vanderbilt University. After spending eight years in commercial real estate, he decided to redirect his expertise toward a more fulfilling mission and joined The Nature Conservancy as the director of land protection in Missouri. He successfully carried out several large-scale conservation plans in southern California, negotiated more than $20 million in land acquisitions in California and managed staff in acquiring over $14 million in critical properties.

Our speaker is known for developing effective partnerships and alliances and for testing innovative approaches to land protection. Over the years he has served on numerous environmental and community-oriented steering committees and planning groups in the communities where he has lived. Bill and his wife Lorien reside in Pacific Grove with their daughter Amelia, four years old.

EDITORIAL

As art galleries proliferate, a palette of missed opportunities

If you think Carmel-by-the-Sea is overloaded with art galleries, you are right! Today they comprise one third of all city businesses. With most merchandise on consignment, galleries are less costly to operate and tend to be the top choice to replace other shops which go out of business.

What's so bad about having 120 art galleries in Carmel? Lots!

  • There is less room in the business district for other desirable businesses.
  • A loss of diversity drives away visitors and residents.
  • The uniqueness of Carmel is diminished.
  • Anecdotal evidence suggests that at least half of all art sold is shipped out of state, with no sales tax going to the city. Only two art galleries are among the 25 top tax-producing businesses in Carmel. Is there a correlation between falling tax revenues and the increase in the number of galleries?
  • All of the city's economic eggs should not be in one basket.
  • The quality of art in newer galleries is often considered to be below long-time standards.
  • The imbalance conflicts with Carmel's General Plan.

The General Plan says that the city should "Control and reduce where possible the number of business uses that are found to be out of proportion with a balanced mix of uses necessary to protect the residential character and economic objectives of the community." (P1-20)

The Plan continues: "Establish methods to the extent practicable which will result in limiting or reducing the number of certain tourist oriented uses including but not limited to restaurants, bars, art galleries, real estate offices, gift shops, T-shirt shops, fast food operations, and jewelry stores in the Central Commercial Land Use District." (P1-21)

Ironically, T-shirt shops have been banned and the city's zoning code limits jewelry stores to a total of 32. Meanwhile, new gallery applications continue to arrive monthly.

What has been done to stop this trend? Very little!

In 1999, a majority of the council voted, on the recommendation of Mayor Ken White, to place consideration of a numeric limitation of art galleries on the Planning Commission's work schedule. Had action been taken back then, or early in Sue McCloud's first term, when the council was urged to do so, the situation would not be so dire. Since 2000, 61 new galleries have opened!

In 2002, the Planning Commission appointed an ad hoc committee to study this vexing problem. The committee's report suggested capping art galleries at the current number and toughening up standards for new galleries replacing those going out of business so that "the normal turnover of galleries should produce a decline in their number."

The council took no action on the Planning Commission recommendations. Rather, stronger rules, without a numeric cap, were put into the Local Coastal Plan (LCP), which 1) limited new galleries to only the Central Commercial District (previously also allowed in the Service Commercial District); and 2) required them to either a) feature a single artist representing at least 80% of the art for sale; or b) include a working studio utilized by artists represented in the gallery for over 50% of business hours.

Because the LCP will not be approved until November or December, and more art gallery applications are pending, the City Council met on Sept. 8 to consider an urgency ordinance adopting the stricter standards in the LCP. The audience, including Monta Potter, head of the Carmel Chamber of Commerce, as well as many residents, urged council members to take action. Councilwoman Paula Hazdovac said people have stopped coming to Carmel because of so many galleries: "This is a run-away train. Anyone can see it is unhealthy." However Councilman Gerard Rose, saying he could find no "empirical evidence" to support the ordinance, voted no. Because Councilman Erik Bethel was absent and urgency ordinances need four votes, the effort failed.

On Sept. 22, the urgency ordinance was re-considered and passed 4-1 with Rose dissenting. During the discussion, Mayor McCloud pointed out that Santa Monica, with a population of 85,000, has 55 galleries while Carmel with 4081 residents has 120! While we appreciate the council's urgency-ordinance gesture, it's probably a case of too little, too late.

We hope that the new LCP guidelines will work. The requirement that artists paint during 50% of business hours will be difficult to monitor with no code enforcement officer. One person told the council that any gallery could be called "working" if an easel were set up in back with someone "daubing" paint.

Our greatest fear is that, with no numeric cap, the gallery total will continue to creep upward. The cap on jewelry stores has worked. With four times as many art galleries as jewelry stores, it is hard to understand why there has not been a pro-active effort to reduce the number. Placing a cap well below today's total would allow other types of shops to replace art galleries when they go out of business. Otherwise, we could wake up one morning to find that half or even three-fourths of all businesses in Carmel-by-the-Sea have become art galleries. Then it would be impossible to slow this train down, much less stop it.

President's Message
Citizen involvement creative and hopeful

by Sherry Shollenbarger

The subject of citizen involvement has been on my mind lately. The recent response to the city's financial problems exhibited a passion for ideas and a willingness to try out-of-the-box thinking.

Frustrated by the inability of our elected representatives to come to grips with the city's financial difficulties, two groups of citizens have taken independent action. I am referring to the involvement of citizens organizing the initiative to raise the Transient Occupancy Tax (TOT) and to the delightful "Calendar Girls." Together they have devised some very creative and hopeful alternatives to the existing sources of revenue.

I will address the TOT initiative first by saying that Ann Fairbank, Jim Brun and Mike Biele acted with boldness and have been successful in obtaining the signatures required to place the initiative on a special ballot. They have also educated many residents regarding a very appropriate source of new revenue. More importantly, this will become a vote of the residents and, if passed, reflect a majority view.

The women who organized the calendar have brought us fun and lifted our spirits. They have been determined and certainly their hearts are in the right place. They specifically chose as the financial beneficiary of their efforts our Carmel fire house. What a gift it will be to the Fire Department and therefore to all of us.

I ask the citizens of Carmel to continue to be bold and share your thoughts and ideas with the council members, the Chamber of Commerce and local businesses.

I ask the City Council to put aside their differences and act in the best interests of the city. A quarterly financial review is an excellent beginning. I'm certain that there are more innovative and productive ways to help our city realize its full potential. A well-balanced community is one in which residents and business work side by side looking at the present and toward the future to protect and maintain this gift that we will leave to future generations.


City Council changes meetings to 4:30 p.m.

In order to make it more convenient for those who work, the City Council voted on Sept. 7 to change the starting time for monthly council meetings from 3:30 to 4:30 p.m.


Beach Cleanup

Saturday, Oct. 23
10 a.m. - noon

* Volunteers meet at foot of Ocean Avenue
* Please bring gloves
* Coffee and pastries served courtesy of Caffe Cardinale and Carmel Bakery



2004 Coastal Cleanup
Kay and Harvey Kuffner, right, Coastal Cleanup chairpersons, and their assistants, Carol and Jesse Kahn, ran the operation like clockwork, weighing and counting and recording each bag of trash as it was brought in.

Volunteers pick up 1786 cigarette butts and more

According to Chairpersons Kay and Harvey Kuffner, 55 people participated at Carmel Beach in the Statewide Coastal Cleanup. They picked up a total of 139 pounds of debris--109 pounds of trash and 30 pounds of recyclables.

"The Coastal Commission," reports Kay Kuffner, "always says that Carmel Beach has the least trash of any other California beach because the Carmel Residents Association keeps it so clean with its monthly cleanup."

Volunteers reported finding lots of dog waste, most, but not all, in doggie bags people had filled but then left on the beach. We wonder if this is because the dispensers say the bags are "biodegradable," or if it is just plain laziness?

1786 cigarette butts were picked up and counted in the three-hour event!

The list of California cities which have banned beach smoking, or are in the process of doing so, is growing: Santa Cruz, Solana Beach, Los Angeles, Malibu, San Clemente, Santa Monica, Manhattan Beach, Newport Beach and Capitola. A bill for a statewide beach smoking ban failed in the Legislature this summer.

Several participants said they hoped that the city would enact a ban on smoking at our beach. This would keep Carmel-by-the-Sea out in front as it historically has been--a village which cares deeply about protecting its natural resources and scenic beauty.


No marching this year

Because the new downtown staging area is not as convenient for our members as Vista Lobos was, and because so many of our members are involved in other organizations which participate, we have decided not to march in the parade this year. Also, the city birthday falls on the fifth Saturday, so instead, we will hold our regular 4th Saturday cleanup on the 23rd and have a chance after so many years to actually be spectators at the parade.

Please read the article below with details about the city birthday celebration. We'll look forward to seeing you at the parade and barbecue!


City birthday and parade

Put Saturday, Oct. 30, on your calendar--it's the date of Carmel's 88th annual birthday celebration and Halloween parade. The parade begins at 11 a.m. on Ocean Avenue. Adults, children and dogs are welcome to participate.

A barbecue with entertainment follows in the Sunset Center plaza, San Carlos between 8th and 10th. Tickets for the barbecue can be purchased at City Hall, Monte Verde between Ocean and 7th, and Nielson Brothers' Market, San Carlos at 7th.

Adult tickets are $12 in advance, $15 the day of the event; a hot dog lunch is $3.


Member Profiles resumes in November

Walter Gourlay, author of the popular monthly member profiles, is taking the month off to meet a deadline for two short stories and to work on a third he plans to enter in a writing contest.


Sandcastle Contest Oct. 24

Everyone is invited to come to Carmel Beach, between 10th and 12th Avenues on Sunday, October 24, to create and/or admire the wonderful sculptures. You can register right on the beach the morning of the event, which is co-sponsored by the American Institute of Architects-Monterey Bay Chapter and the City of Carmel.


COUNCIL WATCH

Sales tax rises to top as city cuts list of possible new revenues

City Council chambers became a virtual cutting-room floor at a special council meeting on Sept. 23, as various revenue-enhancing proposals such as a restaurant tax, an increase in the hotel tax, a real estate transfer tax and a parcel tax were eliminated for the time being from further discussion. Previously, proposals for a branded credit card, tax on 30-day rentals and paid parking were set aside. The only significant revenue source which made the final cut was an increase in the sales tax.

Ann Fairbank, one of three authors of the petition being circulated to increase the Transient Occupancy Tax (TOT) by 2%, said she was very unhappy not to see a TOT increase on the list and urged the council to "sign it into law and eliminate the necessity of a special election." Carol Hilburn pointed out the inconsistency between the council's approval of a $2 tax on $20 Sunset Center tickets and refusal to add $2 to a $100 hotel bill. She also thought "tourists should pay their fair share since the city has to pay for far more expanded services than a city of this size normally would because of the huge population increase from visitors."

Councilman Erik Bethel said he wouldn't be opposed to a sales tax, increased TOT or restaurant tax if the proceeds were used to keep Carmel attractive and he didn't think any of these would deter visitors. He said the same logic should be used for all taxes, that it didn't make sense to say an increased TOT would drive away visitors while a sales tax wouldn't. Since an ambulance tax and the recent storm water tax both failed, the consensus was that another parcel tax would probably not survive a vote despite Councilman Mike Cunningham's argument that "citizens realize now that the services they have enjoyed are in jeopardy." A real estate transfer tax was dropped because it is illegal for general law cities such as Carmel.

City Administrator Rich Guillen urged the City Council to narrow the list and concentrate on "deep-well items" for further staff analysis. The council finally settled on: a local sales tax increase of .25%, revising the city's investment policy to increase return on investments and a construction truck impact fee. Of the three, the only one which would generate a healthy new revenue stream is the sales tax which, if raised by .25% and approved by the voters, would yield $470,500, still far below the $1 million needed. [However, it looks as if the TOT initiative has enough signatures and, if passed by voters, it would bring in $700,000 per year.]

By taking slightly more risk, Erik Bethel argued that the city could increase its rate of return on invested funds by at least $32,000. He and the city administrator will work together on this.

If the city assessed a fee for the damage caused by heavy construction trucks, the revenue could be used for street repairs. There is no estimate on how much this would raise, but Mr. Guillen will monitor what happens in the city of Monterey, which has put together such a measure. Councilman Gerard Rose thought the whole idea might be illegal.

Your editor suggested that reviving the plan for a Business Improvement District should not be listed as "budget relieving," because some council members had argued that the city should continue to contribute $100,000 to visitor promotion even if the BID were enacted. Although the mayor disputed that this had been discussed, Councilwoman Paula Hazdovac said it had and that she still felt strongly that the city should continue to fund marketing with or without a BID.

A few other on-going projects -- charging for tour bus parking, adding cellular towers, increasing fees and a city "wish list" of needed items could also produce limited revenue.


Council exercise leads to pre-determined (?) outcome -- sell property!

An elegantly-constructed staff report for the Sept. 23 special meeting took the City Council through an exercise which led to the conclusion that city property should be sold. Although the council has already indicated a willingness to sell property, this process provided the rationale to argue against those who feel that city assets should be saved for future generations.

The report included a catalogue of the city's deferred maintenance, totalling over $13 million as well as an analysis of adopted budget guidelines for allocation to capital expenses (3.5%) and maximum amount of debt (8.25%). The current budget allocates 3.46% to capital improvements and the debt service level is 7.36% of the budget.

It was former City Administrator Jere Kersnar who first told the City Council that the city's long list of deferred maintenance could only be tackled if the city found a new revenue stream of at least $1 million. He suggested pay and display parking. And, it was also Kersnar who told the council that no city is expected to or ever has corrected all of its deferred maintenance. It is only a goal.

Since the sale of property is a one-time revenue gain, the staff report first identified three areas which could be funded by one-time expenses: paying down debt, deferred maintenance and new property acquisition (open space, parking and affordable housing).

Then 5 questions were asked of council:
1) Are the financial guidelines/policies reasonable? The council answered yes.
2) Are there specific projects which should be funded for which existing funding sources are insufficient? The council answered yes.
3) If answer to #2 is yes, should the city seek additional revenues from one-time or on-going sources? The council answered yes, one-time sources.
4) If one-time sources are appropriate, should the city consider the sale of property to generate these funds? The council answered yes.
5) If property is sold, what specific projects should be funded?

Although instructed not to discuss individual properties, the entire council seems poised to increase capital spending through selling one if not all of Flanders, the Scout House and Rio Park. The priorities for use of the money were the fire house, Forest Theater, roads and debt reduction. Expect more specific action soon.


When The Bell's Not Ringing
by Carmel Fire Department Captain Mitch Kastros

One of the biggest frustrations any firefighter goes through is the public misconception that if we are not out on an alarm, be it a fire, medical emergency or public service, we are doing nothing.

In a small department such as ours there are many tasks, projects and duties that need to be tended to, all related to those situations when the bell rings and we need to respond. From station, vehicle and equipment maintenance to training, prevention and safety awareness, we are constantly preparing ourselves and the people we serve for those times no one hopes to experience.

For those who may not be aware of the non-emergency services we provide to you, our customers, here are a few.

Many of you own a fire extinguisher, but do you know how to use it or if it is still functional? We can teach or help you polish your skills and awareness level with regard to fire extinguishers and fire safety. This includes, for those who wish to participate, actually fighting a sizable flammable-liquids fire. We are available to assist you on an individual basis, or in groups.

Commercial occupancies are required to have an annual fire safety inspection, but residential occupancies are not. However, we will conduct a residential safety inspection upon request. If you have never had one done, it's not a bad idea. Although we enforce fire and safety codes in the business district, we do not in private residences. We do offer strong advice on serious issues with your home, but our main focus is to provide you with guidelines, awareness and education on fire safety.

A large part of our non-emergency service has to do with educating our customers. We offer classes in emergency and disaster preparation, CPR, home fire drills and babysitting. Our next emergency and disaster preparation class (Citizens' Emergency Response Training, or CERT) is scheduled to begin on October 16th.

If you have special educational or awareness needs regarding your own particular situation, we are also available to assist you in this area.

If you wish to utilize any of these services as an individual, family or group, please call 620-2030 and ask for Mitch Kastros.

Remember that this month we return to standard time by turning our clocks back one hour on October 31, Halloween. Changing the clocks is also the reminder for us to inspect our smoke detectors and change their batteries.

Have a happy, fun and safe Halloween and don't forget about all of the extra services we can provide for you.


Library Board vs. City Hall

Supported by a room full of vocal, concerned patrons, including two former mayors, the Library Board on Sept. 8 voted unanimously to reject the city's proposal to move the library's bookkeeping and accounting functions to City Hall. Instead they will pay for their own accountant and bookkeeping.

Library Board member David Evans summed up the situation saying, "I think this is ridiculous and it's time to let people know we're going to maintain our own independence and integrity." The furor, culminating in the board's Sept. 8 decision, began when City Administrator Rich Guillen informed the board that, because of recent staff layoffs, he was moving Administrative Coordinator Stephanie Pearce from the library to City Hall, where she would become part of an employee pool. Her library duties were to be divided among nine City Hall employees.

Under state law, libraries are required to keep their funds totally separate from municipal funds. Although Pearce has already moved to City Hall, the board was unwilling to give up its financial independence, fearing that the line could become blurred between money raised by the Carmel Public Library Foundation for the purchase of books, and city money.

Former Mayor Ken White, concerned about the effect this proposed move would have on donations to the Library Foundation, told the board that he was told by Sunset Center consultants that you "cannot run money through the city or even let people think that money would be in city coffers!"

John Hicks pointed out that the Library Foundation now has a $3 million endowment raised "from scratch." "Why depart from so happy and such a successful performance? The change [bookkeeping and accounting to City Hall] is radical and it is suspicious."

When 24 employees, including a custodian, were laid off in July, City Administrator Rich Guillen announced that library and City Hall rest rooms would be closed to the public and cleaned by non-janitorial employees.

After considerable pressure from those pointing out that the two library branches have thousands of visitors each month with an equivalent demand for bathroom facilities, far exceeding the people coming through City Hall, Guillen agreed to reopen one unisex rest room, complete with janitorial service, in each branch "within the next few weeks."


IN MEMORIAM

Roy Gilligan

Henry Humann

OLD CARMEL
by Connie Wright

Euphemia Charlton Fortune
A Gifted California Impressionist

Called "Effie" by her friends, "E. Charlton Fortune," as she always referred to herself, was born in Sausalito, California, on Jan. 15, 1895. Her father, of a comfortably-affluent Scots family, died at the age of 37. Fortune came under the protection of her Scottish aunt and was educated in Edinburgh and London, later at art school in New York and at the Mark Hopkins Institute in San Francisco under Arthur Matthews. When earthquake and fire struck San Francisco in 1906, Fortune and her mother, like many other refugees of that disaster, came to Carmel, where they lived in a tent. In 1913 she set up a studio at 1006 Roosevelt in Monterey. She had already begun to show abroad and in San Francisco.

By the 1910's, Fortune was the most avant garde painter working in Northern California. From her travels she brought to the scene a heightened color palette and blocky forms. She was, however, predominantly a California impressionist. Under her brush, impressionism becomes a combination of firmly-realized objects combined with very impressionistic, light-saturated forms in the background.

This kind of accomplishment did not go unnoticed: in 1915 she won the Silver Medal at the Panama-California exposition in San Diego and in the same year, she exhibited seven paintings at the Panama-Pacific International Exhibition in San Francisco (a record) and won several silver medals.

In 1922 Effie and her mother moved to St. Ives, Cornwall, where she painted a number of wonderful paintings of fishing boats, and in 1923 they stayed in St. Tropez, where Fortune obviously enjoyed the bright colors of Southern France. In 1927 she returned to Monterey. Throughout this period she had been exhibiting widely. The same year she joined the newly-formed Carmel Art Association, and in 1928 the Art Association had its first one-man show: of the works of Fortune. Also in 1928, Fortune abandoned painting to become a pioneer in a revival of ecclesiastical art, and formed the Monterey Guild. A life-long devout Catholic, she found contemporary ecclesiastical art sadly lacking and spent the next thirty years remedying that deficiency. In 1955 Pope Pius XII personally presented her with the Pro Ecclesia et Pontifice Medal for outstanding achievement in the field of ecclesiastical art.

A woman of great humor, acerbic commentary and enormous talent, she died in Carmel in 1969.


OUR FAVORITE PLACES

Dansk to close

Another resident-serving business will soon close its doors. The exact date is not set, but all employees in Carmel's Ocean Avenue Dansk store have been told that their jobs will end. The popular store draws locals and visitors in large numbers. [Your editor, in fact, has a cousin who comes to visit twice a year on the pretense of seeing family but it is suspected that it is really to load up on Dansk kitchen items!]

The rumors of high rent causing the exodus are not true in Dansk's case. According to Jeff Rayner, vice president of marketing at the company's corporate headquarters, Dansk has decided to close all of its retail stores and sell only through large wholesale accounts such as Macy's. They will continue to operate outlet stores for their Lennox China division, but not for Dansk.


Spirit of Carmel Awards

The Carmel Heritage Society recently hosted a reception at Sunset Center to recognize outstanding examples of projects which enhance the ambience of Carmel. Those receiving awards were:

  • The residence on Casanova near 4th owned by Dr. Ronald H. Barr
  • The garden at the Frank Lloyd Wright house owned by Mrs. Wellington Henderson
  • The residence on Camino Real & 9th owned by Chris and Ann Tescher

Because there were so many worthwhile nominations, the Society has also recognized the following projects with Honorable Mentions:

  • The residence on San Antonio & Santa Lucia owned by Robert and Peggy Shapiro
  • The residence on San Antonio owned by Stephen and Charlene Rose

This year the Heritage Society also presented a Civic Preservation Award to the city for the renovation of Sunset Center.


Remember that your City Council is on T.V.

City Council meetings are taped and re-broadcast
Sundays, 8 a.m. - 12 noon on
KMST Channel 26

 


Carmel Residents Association
P.O. Box 13
Carmel, CA 93921
Phone: 831-620-0532
      Little house in Carmel