No Value: William Cox vs Ilgiz Yamilov, et al.

On March 16, 2021 a No Value was filed involving a dispute between William L. Cox, and Caifornia Department Of Parks And Recreation, California Department Of Transportation, County Of Monterey, Ilgiz Yamilov, Putnam Lexus, State Of California, The County Of Monterey, Yelena Yamilov, for Other PI/PD/WD Unlimited (23) in the District Court of Monterey County.

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JAMES F. SPIERING, SBN 60043
SPIERING LAW
30 Ryan Court, Suite 230
Monterey, CA 93940-7854
Tel: 831-920-6000
Fax: 831-225-0047
4
Attorneys for Plaintiff,
William L. Cox

IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

10 William L. Cox, Case No.: 21CV000858
(Consolidated with Case No. 22CV000078)
11
California, Plaintiff
YS. PLAINTIFF'S STATEMENT OF EVIDENCE
12 fINCLUDING TABLE OF CONTENTS) IN
State of et al. SUPPORT OF OPPOSITION TO STATE OF
13 CALIFORNIA BY AND THROUGH THE
DEPARTMENT OF PARKS 8t
14 Defendants RECREATION'S MOTION FOR SUMMARY
JUDGMENT
ls

18 Hearing Date: 02/02/2024
Time 8:30 a.m.
19 Dept. : 14

20 Complaint Filed: 03/16/2021
21
FAC Filed:
SAC Filed::
05/19/2021
05/23/2022
Trial Date: 06/1 7/2024
23 William L. Cox,
24 Plaintiff
Ys.
25
California Department of Parks and
26 Recreation Complaint Filed: 01/10/2022
27 Defendants
28

Plaintiffs Statement of Evidence in Opposition to State of California by and through
The Department ofParks & Recreation 's Motion for Summary Judgment

Page -1-
Dated: January 18, 2024
SPIERING LAW

James piering" 11

Attorney for Plaintiff,
William L. Cox

Plaintiff's Statemenr of Evidence in Opposition to State of California by and tlr rough
Tire Deparnrrerrt of Par& Ch Recreation 's Motion for Sumrrrary Judgtnenr

Page -3-
Exhibit No. Table of Contents of Evidence
2
I Excerpts from 1979 General Plan Produced the Department of Parks and Recreation
3 in Response to PlaintifFs Request For Production of Documents identified
as Bates Stamped AG k000151, 000163, 000168, 000219, 000227, 000228, 000229,
000230, 000257, 000267

6
Excerpts From the 1988 Amendment to to 1979 General Plan Produced by
Department of Parks and Recreation in Response to PlaintifFs Request for Production
identified as Bates Stamped AG F000001, 000003, 000009, 000022, 000034, 000036,
000057, 000067, 000076
9
3 Excerpts From the 2018 Preliminary General Plan Produced By the Department of
10 Parks and Recreation Produced in Response to PlaintiiFs Request for Production
identified as Bates Stamped AG hll000334, 000351, 000352, 000355, 000417,
000423, 000551, 000553, 000565, 000597
12

2016 Carmel Area State Parks General Plan Ans EIR: Summary of Open House
13
Remarks Produced in Response to Plaintiffs Request For Production identified as
14 Bates Stamped AGk000813

Parks and Recreation Response to PlaintifFs Special Interrogatory No. 23
16

17 Excerpts from the Deposition of William Cox (P26:23-25, P28:23-25, P29:1-11,
18
P61: 8-19.)

Excerpts from the Deposition of Ilgiz Yamilov (P24:4-21, P25:18-21, P28:23-25,
20
P29:1-3.)
21

22
8 Excerpts from the Deposition of Sean James (P98:22-25, P99: I, P 99:7-8, P148:4-7,
23 F190:15-21.)

2S Excerpts from the Deposition of Brent Marshall (P80:25, P81:1-4, P120:3-11,
F122:20-25, F123:1-14, F126:10-12.)
26 iO Traffic Collision Report (redacted) with Yamilov letter and Supplemental Report
27
11 PlaintifFs Second Amended Complaint
28

PlaintiJJ s Statement of Evidence in Opposition to State of California by and through
The Department ofParks & Recreation 's Motion for Summary Judgment

Page -2-
Exhibit 1
UNIT 449

POINT LOBOS STATE RESERVE

GENERAL PLAN (*)

May 1919

( ) Note: This unit's General Plan is contained within the general plan
document for two units, Carmel River SB and Point Lobos SR

9 OEPOSITION
EXHISIT

AG 000151
INTRODLlCTION

PROJECT DESCRIPTION

This General Plan deals with two contiguous units of the State Park System — Point Lobos
State Reserve and Carmel River State Beach. These units serve very different purposes,
and each poses its individual problems, but because of their physical proximity it is
advisable to consider them as a whole when planning needed changes in the units.
Point Lobes. State Reserve

It has been more than forty years since the California State Park System first put the
"reserve" concept into effect — at Point Lobos State Reserve near Monterey. Unlike
many state parks whose purpose is to provide a wide variety of recreafional experiences
or to preserve historic sites, Point Lobes was acquired primarily to preserve its rare
scenic beauty and unusual natural landscape.
Located about seven miles south of Monterey, the rocky promontory cailed Point Lobes
has offered many things to the millions of people who have visited it over the years.
In
addition to the spectacular beauty of the Point, nearly every aspect of its resources is of
scientific interest. There are rare plant cominunities, endangered archeological sites,
unique geological formations, and incredibly rich flora and fauna of both land and sea.

The greatest distinction of all, however, the one characteristic that sets
Point Lobes
the most outstanding natural
apart from other scenic coastai areas, is the presence of Once widely distributed, this
grove of Cuoressus macrocarpa, the Monterey cypress. significant
picturesque tree -is found in its natural state only here at Point Lobos in
numbers.
Deriving its name from the offshore rocks at Punta de los Lobos Merinos,
Point of the
Seawolves, where the sound of the sea lions carries inland, the reserve has often been
called "the crown jewel of the State Park System."
History of Point Lobos as a Reserve
Throughout the twentieth century, the number of tourists visiting the Point In Lobes area
were visiting each year. 1926 the
grew; by 1914, some twenty-five thousand persons
Save-the-Redwoods League met to promote the idea'f acquiring Point Lobos as a public
Frederick Law Olmsted, well-known landscape

't
reserve. The meeting resulted in hiring
architect, to make a study and prepare a report on the areas in thePoint
preservation. The report, released to the public in 1929, found
primary importance." This started the movemenr. toward the state's
Lotios On February 8, 19'H, —the transfer of land was finally
Lobos became pubgc~roperty.

and administration of Point Lobos. The study and master plan
Carnegie Foundation and the Save-the-Redwoods League. The
recommendations, was submitted to the State Park Commission
complete and comprehensive document that it was approved
action. (See Appendix 6 for summary of Olmsted report.}
and
final
in
state most worthy of
Lobos "to be of
acquisition of Point
accomplished,

the end of this same year, the Advisory Committee on Protection
Lobes and Frederick Law Olmsted were asked to make the master were
report
1996. It
immediately
and Point

and Use of Point
plan for development
financed by the
with policy
was such a
put into

AG 000163
PURPOSE OF PLAN

The essence of the reserve policy has been to interfere as little as possibie with the
natural processes of the environment. This was understood when the original master plan
for Point Lobos was prepared by a group of scientists, artists, and conservationists. They
grappled with the problem of how to make these unique natural qualities available for the
public to enjoy and, at the same time, preserve them for future generations.
The approach then was one of moderation. Existing conditions were changed as little as
possible — aimost half of the roads that had been built by previous landowners were
removed, but parking lots were provided near the major points of interest. Camping was
not allowed, and picnic facilities were kept to a minimum.
Dramatic changes have occurred since then, however, and it is now necessary to
reevaluate the management and visitor use of Point Lobos. Some of these changes are
summarized here.
Ten years ago, about 170,000 people visited Point Lobes annually. Last year, there
were over 270,000 visitors, and many more were turned away. On a typical
weekend, rhe peaoefui atmosphere of one of the most beautiful spots in the world is
disappearing If this trend is allowed to continue, some of the reserve's precious
qualities may'be lost forever.
The Point Lobes landscape has undergone considerable change. Due to the steady
spreading of Monterey pines, the open meadows are gradually diminishing. The
diversity of plant species is declining and the buildup of brush is increasing the fire
hazard.

Because parking areas are scattered and there is no visitor orientation facility, it is
currently difficult to educate visitors about the values of Point Lobos.
The problem oi over'crowding is compounded by the high numbers of "casual
visitors" — those who quickly drive through the reserve without ever leaving their
cars. With an improved method oi visitor control and orientation, the number of
"casual visitors" could be greatly reduced.
In 1962, a piece of property east of Highway 1, covering about 61 hectares (150
acres), was added to the reserve. It contains a stand of the rare Qowendilemma cypress& the
only othei being at Huckleberry Hill on the Monteiey Peninsula. The here
is how to provide public access to the area without endangering this unique
vegetation.
The recently acquired property just north of Point Lobos, 19 ri hectares (ri8 acres) in
size, links the reserve with Carmel River State Beach. In order to properly evaluate
how this land should be managed and used, it is necessary to establish iong-range
guidelines for Carmel River State Beach, as well as Point Lobos

Since its ac'quisition in 1953, Carmel River State Beach has had a parking problem
that grows steadily worse each year. There is currently no parking lot along San
lose Creek Beach, and visitors use the shoulder of Highway 1. This has created an
extreme safety hazard for motorists and pedestrians, as well as an obstruction to the
scenic view of Carmel Bay.

10
AG 000168
3. —
The enhancement of the ecological niches of rare, endangered, or endemic species
or other entitites shall be attempted when consistent with management toward the
pristine state of the ecosystem or when extinction is otherwise imminent. Marine
ecosystem management should include the restoration of the natural dynamic
balance among sea otter - shellfish - urchin - kelp - indian. The Indian harvesting
that occurred in the past must be replaced by management of marine resources, a
responsibility of the Fish and Garne Commission and Fish and Wiidiife Service.
4. Exotic species, such as Hottentot fig, kikuyu grass, and pampas grass, shall be
controlled and, where possible, eradicated. Biological control and manual removal
will be used wherever possible; herbicides will be used only as a last resort and only
where environmentally acceptable.
5. Rodent populations shall be controlled in public-use areas when found necessary by
either public health authorities or the Resource Preservation Division personnel.
6. Manmade intrusions that threaten or detract from natural and/or esthetic resources
shall be removed and the resources rehabilitated if possible.
a) Private vehicular access shall be phased out at an early data and replaced with
a shuttle service from the parking lot to Cypress Grove, Whalei's Cove, and
Bird Rock terminals. Alternate energy sources, such as methane or
electricity, shall be used for shuttle trams if at all possible.
b) Total parking facilities shall not exceed 150 cars.
c) If, in the future, the monitoring program shows that the resources in the area
of the South Shore Road are being degraded by vehicular traffic, the road
between the Cypress Grove and South Shore parking lots shall be scarified,
leaving only a narrow foot/bicycle trail.
d) Roads in the Gibson Creek inland area shall be allowed to revert to narrow
trails.
e) Road scars shag be revegetated; no new roads or trails other than those
specified in the General Plan shall be constructed.
f) The department shall request CAI TRANS to eliminate parking all along the
portion of Highway 1 right-of-way that borders the reserve.
g) All trails shall be well-defined yet unobtrusive. Trails down bluffs or hillsides
shall be constructed of native rock and/or sail cement. New trails shall not be
constructed within the ecological niches of rare snd/or endangered taxa nor on
archeological sites.
h) Trails shall be limited to 1.2 meters (4 feet) in width. Trail barriers shall
consist only of natural materials, chain and wood posts, or eye bolt and
singie-strand wire. Trail barriers shall be used only as a last resort in
protecting sensitive resources.

* OEPOSITION
EXHIBIT
AG 000219
Barhlng along
zdghivag 1 at
Boint Lohos on
a husg day ~

Current Visitor Usel
a o, about, p Lobos annually. In tthee 1976-77 fiscal
300,000 visitors, and many more were turne d aw Th h i t
s between M em morial Day weekend in May an
b f turnaways is du rin g the pe
summer weekends
kends an
snd hoiidays.
o Summer weeekend crowds often excee
en cro
day, with weekday s averaging a ou
nce station does not exist aat Carmel River State Beach, 'it has bee n
'sitation figures. The gree
ile accurate visi reatest visitor use, however,
ver at
an Jose Cre'ek beaches often
times par
vehicles are sometimes parked
e along Highway 1.

Point Lobes. First, there are the casual or
eoqie whoh usuaily traveling on H ig h w 1
are us 'th h din for
I sightseeing. The reservee g'ives these peop e
p ocean and pristine coast ine.
uni ue scenic views of t hee oc
people spend on Iy an hour or two a
sD a t a for this analysis wass derived
eri from visitation
i fi g ures compiled at
the reservve's entrance sstation and from t hee results of a questionnai
'onnaire
distributed as part o f tthee p lanning process.

congestion at
Ban pose Creat
Beach.

70
AG 000227
Second, there are those whose destination is the reserve itself. These people come to
Point Lobos for many reasons. A great number of them visit to be alone and escape the
pressures and technology of urban life: to paint, to photograph, or simpiy to walk along
the peaceful shoreline. Students and scientists also come to study the natural features of
the reserve. Bird watchers, whale watchers, and other observers of animal life belong to
this group. The ocean and iis dramatic influence on the landscape also attract many
local residents who visit regularly and spend many hours enjoying the reserve.
As part of the planning process, a questionnaire was distributed at the Point Lobos
entrance station and to people on the department's maiiing list between February 1 and
March 30, 1978. Qf the 2,000 ieaf lets distributed, 370 were returned, yielding a
relatively high response of 18 percent. (A summary of questionnaire results may be
found in the newsletter that appears in Appendix A.) The following visitor origin figures
for Point Lobos were derived from the questionnaire results:
Monterey County 42 percent
Elsewhere in Caiifornia 44 percent
Out-of-state 14 percent

The questionnaire also revealed that the majority of visitors at the reserve had visited
six cr mare times, with only 17 percent having visited only once. This fact indicates that
visitation can be expected to steadily increase as more people become aware of Point
Lobos.
The Purpose of the Units
In order to determine a suitable land carrying capacity, we must keep in mind the
twofoid purpose of Point Lobos State Reserve and Carmel River State Beach. First, and
most important, is the long-range preservation of the valuable resources within these
units. A secondary goal is to make these resources, within certain limits, available for
the public's enjoyment.
Allowable Use Intensity
The framework for determining a land carrying capacity for Point Lobos State Reserve
and Carmei River State Beach was estabiished in the Resources Element. The Allowable
Use Intensity Map, page 54, is based on an evaluation of all the natural and cultural
resources and describes which uses are allowed for the various areas. It indicates that
certain constraints are necessary to limit visitor impact on sensitive areas.
Existinq Facilitv Capacity
There are currently nine perking lots which accommodate a total of about 150 vehicles in
the reserve. Qn nearly every hoiiday and summer weekend, and frequently during
summer weekdays, these parking lots are filled to capacity early in the day. Once this
limit is reached, the reserve is closed; cars line up outside the entrance station and are
allowed in as a block of space becomes available, usually between 25 to 40 spaces
throughout the reserve.
Although the average number of people per car varies from month to month, the average
figure is normally about three people per car. This has determined the existing facility
capacity of 450 people in the reserve at any one time (150 cars m 3 people per car). As
indicated by the questionnaire, most visitors spend one to three hours at Point Lobos with
DEPOSITION
EXHIBIT
77 AG 000228
s beginning to Line up at Paint LrcLxfs
.-8F
entrance station in tile sfarnin9

a large percentage (39 percent) staying longer.
factar of about three times per day. The These figures indicate a visitor turnover
total number of people that can be
accammadated with parking spaces per day is about 1,350. Figure 3
capacity was exceeded 20 times in 1976, and if the upward trend indicates that this
expected to, this figure will increase continues, as it is
There are several ra~os w'hy the daily capacity of
Ivisn y vis'i ors wha are tumed away at the 1,350 people is exceeded
xcee e so o ftten.
entrance
Hi ghway1 and walk into the reserve. A backup af 50 statian park their cars al ong
visitors arrive by bicycle, tour bus, and hitchhiking.to 75 cars frequently occurs. Other
often'xceed
the instantaneaus carrying capacity by about 200 These additional visitors
visitors within the reserve at ane time.
Figure 3
people for a total of about 650

POINT OISOS STATE RESERVE
I

VISITOR ATTENDANCE - 1976

ace Aec arrc. 'err ciie cw I
rvr tee ccr eer. eec
LEGENO
— Eaietinrl daiiy facility capacity (tc be retained) DEPOSITION
EXHIBIT
L
AG 000229
Recommended Carryinq Capacity for Point Lobos State Reserve
The determination of a specific carrying capacity necessarily involves a degree of
subjective judgment. We want to aUow. the largest possible number of visitors to enjoy
the reserve, but the resources must be protected. Moreover, the numbers of visitors
must be limited so that the individual may experience the reserve under optimal
conditions. This is, of course, more important at Point Lobes than at most other units of
the State Park System. But it is not only the total number of visitors that must be
considered; the distribution of persons througho'ut the reserve should also be taken into
account.
As has been noted, the existing faciiity capacity is 450 persons. It is beiieved that
implementation of several proposals of this plan — the shuttle bus system, visitor
orientation area, and aUowing public access to the 48 acres north of the existing
reserve — will improve the distribution of visitors and general visitor control sufficiently
to permit retention of an instantaneous carrying capacity of 450 persons. This
recommendation is made with the understanding that protection of the fragile resources
hare may require that this number be lowered. The resource monitoring program will
permit the staff to continuaUy assess the effects of this decision and to make any
necessary changes.
To implement this carrying capecity, the following policies are proposed:

1. The total number of parking spaces in use at any one time shaU be limited to 150.
2. A visitor orientation area snd a shuttie bus system wili be instailed as soon as
possible. When this shuttle bus is in operation, cars will be ailowed to park ~onl in
the main parking lot at the visitor orientation facility. (Peripheral parkihg areas
wiU not be open to the public ar. sny time the bus is operating.) In areas of greatest
sensitivity, such as along the south shore, the shuttle bus will serve to control the
number of visitors at any one time.
The st'aff will make every effort to limit visitation at any one time to 450 persons.
Once the instantaneous carrying capacity of 450 persons is reached, no additional
visitors will be permitted to enter the reserve. Pedestrians and cyciists awaiting
entry can be accommodated at the visitor orientation facility.
4. Ongoing resource monitoring will be carried out as discussed in the Resource
Element (see page 58) to assess environmental damage and, if necessary, limit
visitation. (For example, some trails may have to be closed at certain times of the
year to limit resource damage.)
5. If these visitor control methods fail to prevent the deterioration of resburces or the
quality of the visitor experience at Point Lobos, a reservation system, similar to the
one currently used at Hearst Castle State Historical Monument, should be
implemented.
These policies are proposed as a practical means of improving visitor controi to
accomplish two things essential to the purpose of the reserve-preservation of the
resources and providing the best possible visitor experience. In order to achieve these
goals, the department will continue to investigate the feasibility of a flexible carrying
capacity that will be responsive to future changes in visitation patterns.
OPERATIONS ELEMENT

The previous chapters of this document have built the framework for the future
management and development of Point Lobos State Reserve and Carmel River State
Beach. It is the actual method of park operation, however, that often leaves the longest
lasting impression on the visitor.
The purpose of this chapter is to describe the general guidelines by which these units will
be operated. Most of the following information's discussed in greater detail in the
reserve's Area Operation Plan, on file at the Point Lobos office.
The phased development proposals in this General Plan are designed to place the greatest
emphasis on the preservation of the natural scene at Point Lobes State Reserve and
Carmel River State Beach. The specific operational program to be prepared for each
development phase should at all times piace the highest pI.iority on that purpose This
philosophy is reflected in the following guidelines.

VISITOR CONTROL

The steady increase in visitation at Point Lobes has resulted in a serious visitor control
problem. As indicated in the Land Carrying Capacity section, page 55, the present
method of limiting attendance is to forbici the entrance of vehicles once al! patking
spaces within the reserve are filled. The General Plan proposes to improve the patterns
of visitation by (1) providing a main parking lot and limiting total parking spaces to 150
cars; (2) introducing a shuttle bus system; (5) providing a visitor orientation facility to
make visitors more aware of resouI ce sensitivit'ies; (4) implementing a resource
monitoring program; and (5)using a reservation system,,if necessary. The success of
these last three constraints largely depends upon the manner in which they are
implemented by field personnel.
The field personnel frequenrly encounter a number of visitor control problems that
cannot be..directly solved by the proposed development in the General Plan. Some of
these are:
1- School groups, usually about 60 to 90 students from a single school, are descending
upon the reseIve with increasing frequency.

2. Enforcemerit problems are muitiplied at certain times by an inf!ux of visitors to the
Monterey area by such events as the Laguna Scca races, jazz festival, etc.
The overcrowding 'of day-use facilities, particularly at Carmel River State Beach,
occasionally requires Iaw enforcement. Thefts from parked cars are common. The
California Highway Patrol, Monterey 'County Sheriff's Office, and Carmel Police
Department 'are also'nvolved in law enforcement.
4. Due to the lack of personnel, Carmel River State Beach is patrolled only incidentally
for general clean-up or in response to complaints reported by visitors or
neighborhood residents. Frequently, the reported violators are gone before
department personnel arrive at the scene.

P05 ITIQ
EXHIBIT
KG 000257
4. Development of new traiis to link existing trails and the Gowen Cypress Area.

5. Conversion of the Whaler's Cottage and part of the Hudson House to interpretive
facilities.
6. Removal of mainte'nance buildings and staff residences from Point Lobos to a
location off the reserve, possibly on the Odello property.
7. Development of new parking near San Jose Creek Beach and making the existing
roadside parking illegal along State Highway 1 next to this portton of Carmel River
State Beach.
A full description of tfe technical aspects of the project are in the Land Use and
Facilities Element, page 66.

DESCRIPTION QF ENVIRQNlvlENTAL SETTlNG

The character'r the land surrounding Point Lobos State Reserve and Carmel River State
Beach varies from highly developed to rural, and from forest to riparian to .grassland.
North of Carmel River State Beach the area consists of residential sections, resorts, and
the Carmel Mission north of the river. Where the state beach boundary crosses Carme!
River, the land consists of riparian growth and the nearby Carmel Sanitation Di'strict
Treatme'nt P Lant.
East of Highway 1 and to the north in Carmel Valley are many businesses, restaurants,
motels, etc. On a hill between the Qdello property and the beach west of Highway 1 is
Carmel Ivleadaw.subdivision. East of Highway 1 and south of Carmel Valley extending to
the Gowen Cypress area"is mostly steep unde'veloped land. Part of the land east of San
Jose Creek is occupied by a monastery. The area between San Jose Creek and Gibson
Creek .has been considered for subdivisions; there are existing ranch facilities in this
area. The.'Carmel Highlands and other residential properties are located south of Gibson
Creek beyontLrhe Gowen'Cypress Area.
A detailed geologic investigation of the Point Labos area has not been conducted. Before
any construction is undertaken, an analysis of how the 'geology might affect. each
proposed development should he made.
this area is within the'oasrai zone ano fails under the jurisdiction of the California
Coastal Comm'ission. Highway l is designated a State Scenic Highway.
Point Lobos State Reserve and Carmel River State Beach are land areas that are
environmentally beneficial to the region. Many uhusual ecological areas, geologic
features, and rare and endangered plant and animal species are protected ii. these two
units of the State Park System.
According to official records of the Caliromia Native Plant Society, there are five rare
plants in the reserve. Two of these also occur on the federal list of endangered or
threatened plants- These five plants are:

EXHIBIT
111
AG 000267
Exhibit 2
PQINT LOBQS STATE RESERVE

AND. CARMEL RIVER STATE BEACH

General Plan Amendment

August 1988

Amendment Approval by State Park and Recreation Commission June 1987
Original General Plan Approval by State Park and Recreation Commission
May 1979
State of Caiifornia — The Resources Agency
DEPARTMENT OF PARKS AND RECREATfON

Gordan Van Vleck
Secrenoy for Rassnoees

George Denkmej lan
Gouemor

Henry R. Aaonia
Dlrecror
Deparnnens of Parks and Recreanon
EXHIBIT

22
"
AG 000001
GEORGE 0EUKMEJIAN, Qowmor
'ATE of CAufORNUL~RCBi AC84Cf

EPARNIRW oF PAR!CS AMP RECISAnQN

7ATE PARK AND RKREATION COAWSSION
0 Mm 2390 C~ANB470 o58ll

Resolution 38-87
adopted by the
CALIFORNIA STATE PARK AND RECREATION COMMISSION
at its regular meeting in Carmel on
June 11, 1987

MHEREAS, the Director of the Department of Parks and Recreation
Point Lobos
has presented to this Commission for approval the proposed
Plan Amendment; and
State Reserve and Carmel River State Beach General

MHEREAS, this reflects lor~-range development plans
to provide
for optimum use and enjoyment of the unit as well as the protection
of its quality;
NOM, THEREFORE, BE IT RESCLVED that
the State Park and Recreation
Commission approves the Department of Parks and
Recreation's Point Lobos
State Reserve and Carmel River State Beach General Plan Amendment Prelimi-
nary, dated March 1987; and
MITH AMENDMENT BY THIS COMMISSION, the primary
location for the
of Monastery Beach, assuming
75 parking spaces will be at the southernfeasibility from an engineering
end
no cultural heritage sites and assuming
standpoint;
BE IT FURTHER RESOLVED that the State
Park and Recreation Commission
recommends that those 75 sites be placed at the southern end, after
if the County does not approve the
approval by the County of Monterey; end, the remai~g spaces
location of 75 parking spaces at the southern be moved to the Briggs area;
and/or the entirety of those spaces shall utilit'es
the Commission further recommends that all be underground
considered; subject
and, if possible, an alternative to asphalt paving be
to such environmental changes as the Director of Parks and Recreation shall
and objectives
determine advisable and necessary to implement the provisions
of said plan.

EXHIBIT
O

AG 000003
INTR0OUCTION

Purpose:
The purpose of this amendment is to designate for day use approximately 36
acres of land that was acquired after completion of the General Plan in 1929
for Carmel River State Beach. This parcel, referred to as the Amended Area,
is located immediately north of San Jose Creek Beach, on the west si de of
Highway 1. This amendment w111 provide resource management policies and allow
development of day use facilities, including a 75-car parking area at the
north end of the beach, and a 10-car parking area at the south end.
General Plan Backqraund:
The General Plan far Point Lobos State Reserve and Carmel River State Beach
was approved in May 1979. The exist1ng parking along Highway 1 was one of the
main issues during the planning process of the General Plan.
In order to eliminate parking along the highway, the approved General Plan
identified two possible soluti ons (see Map, p. 48). The area north af San
Jose Creek Beach was shown as the preferred location for parking facilities .
The privately owned property 1mmediately east of Highway 1 across fram the
central part of the beach, known as the old polo field, was 1dentif1ed as an
alternate location.
Since the polo field property is currently privately owned, it will not be
included as an alternative presented in th1s amendment. It not only o7fers
the obstacle of being privately owned, but a par k1ng area on this property
would require modif1cation of an existing Caltrans bridge for use as a
pedestrian undercrossing. This undercrossing would often be inaccessible
during the winter months .
.Carmel Area Land Use Plan:

Monterey County prepared the Carmel Area Land Use Plan as part of the Local
Coastal Program. The plan was certif1ed on April 14, 1983, and includes
guidelines with regards to the parking needs at San Jose Creek Beach. It
proposes development of a parking area to serve no more than 100 vehicles,
improved tra1l access, picnic facilit1es, a pedestrian walkway over San Jose
Creek. and no-parking signs along the highway shoulder.
The Carmel Area Land Use Plan also states that approval by Monterey County of
parking located in the Amended Area would be "cont1ngent upon the provis1on of
additional facilities at the south end of San Jose Creek Beach, to consist of
a drop-off and limited parking." Further excerpts from the plan are in the
Appendix.
Public Involvement:
On December 10, 1986, the department's staff conducted a public workshop to
gain input fram the public sector an this proposed amendment. Approximately
66 people attended the meeting, wh1ch was conducted at the Carmel Valley

EXHIBIT

AG 000009
Durin Sebastian Vizcaino's exploration of the Nonterey Peninsu'la, it is very
probable that he saw the lagoon at the mouth of the Carmel River.
'Thehistoric record shows that Don Gaspar de Portal a - Father Crespi land
expedition observed the area, and camped near it during the fall of 1769.
This was a colonizing expedition sent to establish a Spanish colony at
Monterey, as recommended by Sebastian Vizcaina 167 years earlier. Before
leaving the Carmel River beach area, Captain Portola and Father Juan Crespi
erected a large cross on the knoll, above and adjacent to the lagoon. The
cross bore the carved inscription, "Dig at the foot and thou wilt find a
writing." The document buried in a crockery contai ner was a brief narrati ve
of the expedition, with a request that the commander of any vessel arri ving
sail down the coast to try to find the land party, in order to put ashore some
much-needed supplies .
On May 31, 1770, the entire expedition, naw including Father Juni pera Serra,
wha had remained in San Diego, was reunited in Nanterey. It is likely that
California
Father Serra visited the Carmel River area soon after thi s date. He was
searching for the i deal location for establishing the second Franciscan
mission in Alta . On August 24, 1771, Father Serra established
Mission San Carlos Borromeo Del Rio Carmelo, which still exists today, only a
few hundred yards northeast of the unit.

In 1835, after secularization took place, the beaches and surrounding land
were granted to Teodoro Gonzales by Governor Jose Figueroa, and became part of
the 8,876-acre Rancho San Jose y Sur Chi quita.
In 1944, Harry Downie, the restorer and curator of Nissian San Carlos Borromeo
Del Ri o Carmela, erected a large, hand-hewn cross an the knoll above the
lagoon, in the same area where Don Gaspar de Portola and Father Juan Crespi
had erected their cross in the fall of 1769. This cross was in honor of the
Portola-Crespi expedition of 1769. In November 1983, Mr. Downie's cross fell
to the ground during a heavy gale. A group of local citizens quickly replaced
it.
On August 15, 1947, ihe State Park and Recreation Commission proposed
acquisition of San Jose Creek Beach and Carmel River Beach in Monterey County,
on a 50-50 cost shari ng basis with the county, to be used as par k land, and to
help reduce visitor pressure at Point Lobos. Ten days later, the Point League
and the Monterey Peninsula Audubon Society sponsored a meeting ta discuss the
passibility of incorporating these twa beaches into a unit of the California
State Park System, and pratecti ng the Carmel River Lagoon as a wildlife
sanctuary.
Twenty-seven acres on the north side of the lagoon were acquired on
November 20, 1952, fram Mr. and Mrs . James C . Doud and Nr . Corum B. Jackson .
Four acres on the north side of the ri ver mouth were acquired on
December 10, 1954, from the Carmel Development Company. Twenty-two acres on
the south side of the lagoon and river mouth were deeded to the state on
December 21, 1953, by'rs. Helen A Burnette.

In 1953. Carmel River State Beach officially became an operating unit of the
California State Park System.

EXHIBIT

25 AG 000022
ordei'o
Pol 1cy: The department shall consider the coastal terrace between Carmel
River and San dose Creek for desi gnat1on as a cultural preserve, in
give addit1onal recogniti on and protect1on to five archeological
sites: Nnt-14, Mnt-221, Mnt-473, Mnt-474, Nnt-633.
Historic Structures
The Odello barn and blacksmith shed are currently used and maintained by the
Odellos as part of their agricultural lease. Although the State Office of
Historic Preservation has determined that none of the Odello farm buildings
are eligible for 1nclusion on the Nationa'I Register of Historic Places, these
structures are good examples of rural, turn-of-the-century farm buildings i n
the Nonterey-Carmel area .
Policy: No demolition of the barn, blacksmith, or cookhouse buildings
shall be permitted without prior additional study and evaluations. The
department shall consider restoring the central room of the cookhouse/
bunkhouse building to its ori g1nal external appearance. The shed-style
additions to the cookhouse are considered architecturally
non-significant. The Odell o farm bu11 di ngs may be leased for
agricultural uses, or adapted for adm1 nistrati ve or visitor-servi ng uses .
Esthetic Resources
Natural Landscape Management
The scen1c quality at Carmel River State Beach its diverse
is derived from
natural landscape. Varied topography, its proximity to the Pacific Ocean, a
mosaic of vegetat1on, and abundant w11dlife contri bute to the estheti c
features of this unit. Human-made structures and facilties can encroach on
the natural landscape and detract from the scenic quality of the unit. The
State Highway I traffic corridor, private inhold1ngs, adjacent res1dential
areas, and overhead utility lines constitute negati ve esthet1c features .
Po11cy: landscape management at Carmel River State Beach
The emphasis of
shall be toward maintenance of the natural landscape. Facilities shall
be screened to the extent possible and harmonious with the natural
landforms of the unit. Human-made intrusions shall be reduces or
elim1nated. The department shall work with appropriate local agencies to
place overhead ut11ity lines adjacent to the unit underground, where
f eas1 bl e.
All owabl e Use Intensity
The California Public Resources Code, Sect1on 5019.5, requires that a land
carrying capacity survey be made before ihe preparat1on of any development
plan for any park or recreation area. Section 5001.96 further requires that
attendance be held within limits so estab11shed AllowabIe use intens1ty is a
refinement of the 'land carryi ng capac1ty concept, and is prepared as part of
the Resource Element of'the General Plan, in fulfillment of the above code
sect i ons

Case Info

Case No.

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Document Filed Date

January 18, 2024

Case Filing Date

March 16, 2021

County

Parties

Caifornia Department of Parks and Recreation Defendant
California Department of Transportation Defendant
County of Monterey Defendant
Guy Robert Gruppie Attorney for the Defendant
Ilgiz Yamilov Defendant
James Fredrick Spiering Attorney for the Plaintiff
Julie Anne Esposito Attorney for the Defendant
Putnam Lexus Defendant
Richard Jeremie Ginelli Attorney for the Defendant
Rolando William Pasquali Attorney for the Defendant
State of California Defendant
The County Of Monterey (Doe 1) Defendant
The County Of Monterey (Doe 61) Defendant
The County Of Monterey (Doe 81) Defendant
Thomas Joseph Murray Attorney for the Defendant
William L. Cox Plaintiff
Yelena Yamilov Defendant
Angela Giang Attorneys for Plaintiffs
Matthew Voss Attorneys for Defendants
Catherine Takayama Attorneys for Defendants
Georgiana Nikias Attorneys for Defendants
Lauren Canter Attorneys for Defendants

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No Value: William Cox vs Ilgiz Yamilov, et al.

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