and regulations for dealing with the local emergency. The City Council finds and determines that it has the authority to enact this First Amendment to Urgency Ordinance pursuant to all applicable laws including, but not limited to, the California Emergency Services Act, the City Municipal Code, the declaration of local emergency issued by the City Council on March 13,2020, Government Code Section 36937 (b) and the Findings set forth herein.
Section 5. Local Emergency. A local emergency continues to exist throughout the City, and the City has been undertaking, and will continue through cessation of this emergency to undertake, necessary measures and incur necessary costs, which are directly related to the prevention of the spread of the COVID-19 Virus and are taken in furtherance of: the Governor's Proclamation of a State of Emergency on March 4,2020', the President of the United States' Declaration of a National Emergency on March 13, 2020; the City Council Resolution 2020-021 declaring the existence of a local emergency with the City due to COVID 19, the Orders issued by the Governor, State Public Health Officer and the County Public Health Officer due to COVID-19 and all applicable laws.
Section 6. Powers of City Director of Emergency Services. During the existence of the local emergency due to COVID-19, the powers, functions, and duties of the City Director of Emergency Services shall be those prescribed by state law, ordinances, and resolutions of this City notwithstanding otherwise applicable procedures, timelines or methods of action and the City Director of Emergency Services is expressly authorized to take any and all actions in furtherance of emergency powers to address the local emergency.
Section 7. Rules of Conduct For Attending Meetings of Legislative Bodies at City Facilities. lt is hereby ordered and ordained that the following rules of conduct shall apply to attendance at meetings of Legislative Bodies at City facilities, as defined herein:
7.1 City Facility. For purposes of this First Amendment to Urgency Ordinance, the term "City Facility" or "City Facilities" means City Hall and any other property owned by the City where there is a meeting held of a Legislative Body.
7.2. Legislative Body. For purposes of this First Amendment to Urgency Ordinance, the term "Legislative Body" means the City Council, Planning Commission, Forest and Beach Commission, Historic Resources Board, Harrison Memorial Library Board of Trustees, Community Activities Commission and the Building Code Board of Appeals.
7 .3 Vaccination against COVID-I9. No person shall be permitted to enter or remain in a City Facility at a meeting of a Legislative Body unless that person has been fully vaccinated against COVID-19. The term "fully vaccinated" means the person has been vaccinated against COVID-19 and received a booster. Persons shall not be permitted to enter a City Facility unless they first present proof to an authorized City employee that they are fully vaccinated.
7.4 Face Covering. No person shall be permitted to enter or remain in City Facility at a meeting of a Legislative Body unless that person wears a face covering Attachment 1
Ordinance 2022-002
which covers both the mouth and nose at all times. Upon request, the City will provide anyone seeking to enter City Facility to attend a meeting of a Legislative Body with a face covering if they do not have one.
7.5 lf anyone is unable or unwilling to comply with the requirements of this Section 7, they may attend the meeting remotely in the manner described in the Agenda posted for the meeting.
7.6 Due to the size of the City Council chambers, and in orderto maintain social distancing, 27 members of the public will be allowed in the Chamber at any one time with seats being available on a first come first served basis. All others will need to wait outside of the building for their turn to speak during public comments or they may instead attend the meeting remotely.
SECTION 8. Violations of this First Amendment to Urgency Ordinance shall be punishable as set forth in the City Municipal Code Section 1 .16.010 and Section 2.64.100. ln addition, persons who do not follow the Rules of Conduct set forth in this First Amendment to Urgency Ordinance must remain outside city-owned facilities or may be considered trespassers subject to removal by peace officers or any other method authorized under this First Amendment to Urgency Ordinance or under Government Code section 37359.
Section 9. Authorization of City Code Compliance Coordinator. Pursuant to California Penal Code S 836.5, the City Code Compliance Coordinator is authorized to issue criminal citations following the procedures set forth in California Penal Code $$ 853.5 through 853.6a, or such other procedures as the State of California may subsequently enact for violations of this First Amendment to Urgency Ordinance and violations of any section of the City Municipal Code or violation of any City ordinance.
Section 10. Authorization of City Director of Emergency Services. The City Director of Emergency Services and his/her designee(s) are hereby authorized to take all necessary action to implement and enforce this First Amendment to Urgency Ordinance.
Section 1 1. Severabil ity. lf any section, subsection, sentence, clause, or phrase of this First Amendment to Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remain ing portions of this First Amendment to Urgency Ord inance.
The City Council declares that it would have passed this First Amendment to Urgency Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this First Amendment to Urgency Ordinance would be subsequently declared invalid or unconstitutional.
Section 12. Effective Date and Duration. This First Amendment to U rgency Ordinance enacted under California Government Code Section 36937 will take effect immediately upon adoption by a four fifths (4/5) vote of the City Council. This First Amendment to Urgency Ordinance will remain in effect until rescinded by the City Council.
Attachment 1
Ordinance 2022-002
Section 13. Publication. The City Clerk is directed to certify this First Amendment to Urgency Ordinance and cause it to be published in the manner required by law.
PASSED AND ADOPTED BY THE CITY COUNGIL OF THE CITY OF CARMEL BYTHE-SEA this 4th day of April, 2022, by the following vote:
AYES: COUNCIL MEMBERS BARON, FERLITO, THEIS, MAYOR PRO TEM
RICHARDS, MAYOR POTTER
NOES NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED ATTEST:
tc:-^ /f
Dave Potter
Mayor
"L)".il,j.- l+1-{,-^-
YashinAbba's'"'
lnterim City Clerk
Attachment 1
September 20, 2022
TO:
SUBJECT:
TOMÁS J. ARAGÓN, M.D., Dr.P.H.
State Public Health Officer & Director
GAVIN NEWSOM
Governor
State of California—Health and Human
Services Agency
California Department of
Public Health
All Californians
Guidance for the Use of Face Masks
Note: This guidance takes effect on 9/23/2022. View the current guidance effective until 9/23/2022.
Related Materials: Masking Q&A | Masking Fact Sheet (PDF) | Face Mask Tips and Resources | Face Shields Q&A (PDF) | Safe Schools for All Hub | More Home & Community Guidance | All Guidance | More Languages Updates as of September 20, 2022:
Shifts from a strong recommendation for the general population, in all indoor settings at all times to use of CDC Community Levels to help inform masking recommendations, which is consistent with August 11th CDC updated recommendations
Aligns correctional facilities with current CDC recommendations (CDC updated guidance on May 3 ) which notes that correctional facilities may make masks optional when CDC community levels are low.
Aligns recommendations for homeless shelters, emergency shelters and cooling centers to the above recommendation for correctional facilities, i.e., also shifts from requirements to masking recommendations in these settings when CDC community levels are low Updated guidance is effective September 23, 2022.
Guidance For the Use of Masks
Background
California has used science to guide our health protection strategies throughout the pandemic. Data show that because of these strategies, we have saved lives. This is due in large part to the collective efforts of Californians to get vaccinated, get boosted, and wear masks indoors.
A universal indoor masking requirement was reinstated on December 15, 2021, to add a layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, increased in prevalence across California, the United States, and the world and spread much more easily than the original SARS-CoV-2 virus and rd
Attachment 2
the Delta variant. Implementing the universal masking requirement in all indoor public settings during the winter season was an important tool to decrease community transmission and protect critical healthcare system capacity during the highly infectious Omicron surge. Since the peak in case rates during the Omicron surge in early January 2022, the dramatic surge in cases and hospitalizations due to the highly infectious Omicron variant has declined significantly. Californians have also become increasingly knowledgeable about how to protect themselves and their loved ones with effective masks when they may be at risk of COVID-19 exposure or transmission. Accordingly, CDPH amended this masking guidance to allow the universal indoor masking requirement to expire on February 15, 2022 as scheduled.
On March 1, 2022, the requirement for unvaccinated persons to mask in indoor public settings and businesses was replaced by a strong recommendation that all persons, regardless of vaccine status, mask in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public). Additionally, after March 11, 2022, the universal masking requirement for K-12 and Childcare settings terminated.
On April 20, 2022, the universal masking requirement on public transit and in transit hubs was replaced by strong recommendations that individuals in these settings continue to mask while on public transit and indoors in transit hubs to continue protecting our most vulnerable and those communities disproportionately impacted by COVID19.
Masking recommendations in general community settings, including public transit and transit hubs:
Earlier this year, California announced the release of the state's SMARTER Plan, the next phase of California's COVID-19 response. While state and local leaders must continue to prepare for the future, California's path forward will be predicated on individual, smarter actions, that will collectively yield better outcomes for our neighborhoods, communities, and state. Consistent with the SMARTER Plan, California is shifting its masking recommendations to a framework intended to provide information and recommendations that each Californian should consider based on the unique circumstances happening within their own community and county.
The levels included in this framework are based on CDC COVID-19 Community Levels released in March 2022 as well as consideration of metrics based on California's historical data.
Persons should use information about the current COVID-19 Community Levels (CCLs) in their county to decide which prevention behaviors to use and when (at all times or at specific times), based on their own risk for severe illness and that of members of their household, their risk tolerance, and setting-specific factors. CCLs are based on hospitalization rates, hospital bed occupancy, and COVID-19 incidence during the preceding period. At all CCLs (low, medium, and high), CDPH continues to strongly recommend that all persons:
Stay up to date with COVID-19 vaccination, including all primary series doses and boosters.
If you've been exposed, wear a mask for 10 days.
Stay home when sick and know what to do if you have been infected with COVID-19, including seeking treatment early.
Test if you are sick or have been exposed to someone with COVID-19.
Improve ventilation and air quality in their setting.
Wash hands regularly.
Sign up for CA Notify to receive alerts when you have been in close contact with someone who tests positive for COVID-19.
Attachment 2
Despite what level your community may be in, masks that offer the best fit and filtration (e.g., N95s, KN95s, KF94s), are highly recommended, and remain a critical component of our multi-layered approach for protection against COVID-19 infection. A series of cross-sectional surveys in the U.S. suggested that a 10% increase in self-reported mask wearing tripled the likelihood of slowing community transmission.[1] Our recently published case-control study conducted in California from February 18 to December 1, 2021 demonstrated that consistently wearing a face mask or respirator in indoor public settings reduces the risk of acquiring SARS-CoV-2 infection.[2] . Masks also remain a critical component for protecting those that are most vulnerable in our communities, including the unvaccinated, the immunocompromised, or those at risk for severe disease and illness.
CDC COVID-19 Community Level CDPH recommended actions
Low
There is lower community spread and impact on
healthcare system of COVID-19
Everyone:
People can wear a mask based on personal preference,
informed by their own personal level of risk.
Vulnerable people*:
Consider wearing a mask in crowded indoor public
places. Ensure your mask provides the best fit and
filtration (respirators like N95s, KN95s and KN94s are
best).
If you are a vulnerable person* or live with a vulnerable person*, consider taking additional precautions.
Medium
There is medium community spread and impact on
healthcare system of COVID-19
Everyone:
Consider wearing a mask in indoor public
places. Ensure your mask provides the best fit
and filtration (respirators like N95, KN95
and KN94 are best).
Vulnerable people*:
Wearing a mask is recommended in crowded
indoor public places. Ensure your mask
provides the best fit and filtration (respirators
like N95s, KN95s and KN94s are best).
If you have household or social contact with a
vulnerable person*, wearing a mask is recommended
when indoors with them
Attachment 2
High
There is high community spread and impact on
healthcare system of COVID-19
Everyone:
Wearing a mask is recommended in indoor
public places. Ensure your mask provides the
best fit and filtration (respirators like N95, KN95
and KN94 are best).
Vulnerable people*:
Wearing a mask is strongly recommended in
indoor public places. Ensure your mask
provides the best fit and filtration (respirators
like N95s, KN95s and KN94s are best).
If you have household or social contact with a
vulnerable person*, wearing a mask is recommended
when indoors with them.
*Those that are vulnerable include the unvaccinated, those that are immunocompromised, have certain disabilities, or have underlying health conditions, and those at risk of severe illness of death if they are infected with COVID-19. Such persons should consider taking extra precautions.
Vaccination continues to remain the ultimate exit strategy out of the COVID-19 pandemic. While the percentage of Californians fully vaccinated and boosted continues to increase, we continue to have areas of the state where vaccine coverage is low, putting individuals and communities at greater risk for COVID-19. As a state, we need to remain vigilant.
Masking Requirements in Specified High-Risk Settings
The CDC COVID-19 Community Levels can also be used to define the level of recommended mitigation strategies for certain settings.
Accordingly, CDPH is updating its masking requirements in specified high-risk settings, consistent with current CDC recommendations. These changes shall become effective September 23, 2022. CDC has noted that CDC COVID-19 Community Levels do not apply in healthcare settings, such as hospitals and skilled nursing facilities. CDPH will continue to monitor the science and current CDC recommendations to ensure we continue protecting our most vulnerable populations and the workforce that delivers critical services in these settings.
In the following healthcare and long-term care indoor settings, masks are required for all individuals regardless of vaccination status. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly recommended.
Healthcare settings[3] (applies to all healthcare settings)* Long Term Care Settings & Adult and Senior Care Facilities[4] In the following non-healthcare indoor settings, facilities may use the CDC COVID-19 Community Levels to determine the level of masking requirements within their facility.
Homeless shelters[5], Emergency shelters[6] and cooling and heating centers[7] State and local correctional facilities and detention centers[8] 1) When the COVID-19 Community Level is low, masking may be optional:
1. Only in non-clinical areas (such as in housing units, communal dining areas, visitation areas, and in administrative areas where only staff may have access), and Attachment 2
2. When there have been no outbreaks (defined as three suspected, probable, or confirmed COVID-19 cases within a 14-day period among epidemiologically linked residents and/or staff) in the entire facility or within separated, closed subunits that do not allow for mixing of those residents or staff with the general population.
Facilities should make surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit available at all times to any residents and staff who would like to use them based on their personal preference. 2) When the COVID-19 Community Level is medium or high, facilities must maintain or reinstate universal masking requirements for all staff and residents, regardless if there are no outbreaks within the facility.
Universal masking of all staff and residents, regardless of vaccination status and Community Level, is required in all clinical areas (or when any healthcare is being delivered), including isolation and quarantine areas, or any other areas that are covered by other specified high-risk settings. *In certain healthcare situations or settings surgical masks (or higher filtration masks) are required. In workplaces, employers and employees are subject to either the CalOSHA COVID-19 Emergency Temporary Standards (ETS) or the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.
Additional Masking Requirements
Finally, CDPH is maintaining the requirement that businesses and venue operators, including K-12 school and childcare settings, must allow any individual to wear a mask if they desire to.
In workplaces, employers and employees are subject to either the CalOSHA COVID-19 Emergency Temporary Standards (ETS) or the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.
Local health jurisdictions and entities may continue to implement additional requirements that go beyond this statewide guidance based on local circumstances.
These requirements and recommendations will continue to be updated as CDPH continues to assess conditions on an ongoing basis.
For additional information on the most effective types of masks and ensuring a well-fitted mask for adults, individuals should refer to CDPH Get the Most out of Masking and see CDPH Masking Guidance Frequently Asked Questions. For additional information on the most effective types of masks and ensuring a well-fitted mask for children, individuals should refer to CDPH Masks for Kids: Tips and Resources.
Guidance for Businesses, Venue Operators or Hosts
When CDC COVID-19 Community levels are medium or high, businesses, venue operators or hosts should consider:
Providing information to all patrons, guests and attendees regarding masking recommendations for all persons, regardless of vaccine status.
Providing information to all patrons, guests and attendees to consider better fit and filtration for masks [Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are recommended over cloth masks].
Requiring all patrons to wear masks, especially when risk in the community may be high, or if those being served are at high-risk for severe disease or illness.
Requiring attendees who do not provide proof of vaccination to enter indoor Mega Events to continue masking during the event, especially when not actively eating or drinking.
Attachment 2
No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
Exemptions to masks requirements
The following individuals are exempt from wearing masks at all times:
Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. [1] Rader B, White LF, Burns MR, et al. Mask-wearing and control of SARS-CoV-2 transmission in the USA: a crosssectional study. The Lancet Digital Health. 2021;3(3):e148–e157. [2] Andrejko KL, Pry JM, Myers JF, et al. Effectiveness of Face Mask or Respirator Use in Indoor Public Settings for Prevention of SARS-CoV-2 Infection — California, February–December 2021. MMWR Morb Mortal Wkly Rep. ePub: 4 February 2022
[3] CDC Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic
[4] CDC Nursing Homes and Long-Term Care Facilities
[5] CDC Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)
[6] CDC's Interim Guidance for General Population Disaster Shelters During the COVID-19 Pandemic [7] CDC COVID-19 and Cooling Centers
[8] CDC Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
Originally published on November 16, 2020
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
URGENCY ORDINANCE NO. 2022-006
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA ADOPTING RULES OF CONDUCT FOR ATTENDING MEETINGS OF
LEGISLATIVE BODIES AT CITY FACILITIES
WHEREAS, the City of Carmel-by-the-Sea (“City”) is authorized by Article XI, Section 7 of the California Constitution to make and enforce all regulations and ordinances using its police powers; and
WHEREAS, the California Emergency Services Act (California Government Code Section 8550, et. seq.) defines a local emergency as “the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as an epidemic, [emphasis added] which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat”; and WHEREAS, Section 2.64.020 of the City Municipal Code defines “emergency” as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, [emphasis added] riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, Government Code section 37359 allows cities to “limit the access or use [of city-owned property] in area or time or in any reasonable manner deemed necessary” and enforce such limitations through trespass law; and WHEREAS, in December 2019, reports began spreading worldwide about a flulike virus first found in China that was significantly more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID-19”); and WHEREAS, the federal Centers for Disease Control and Prevention (“CDC”) has confirmed thousands of cases of individuals who have severe respiratory illness caused by COVID-19, as well as deaths caused by this illness; and WHEREAS, on or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
Attachment 3
Ordinance 2022-006
WHEREAS, on March 6, 2020, the County Administrative Officer of Monterey County proclaimed a Local Emergency due to the threat of COVID-19 in the County; and WHEREAS, on March 11, 2020, the World Health Organization (“WHO”) classified the spread of COVID-19 internationally as a global pandemic; and WHEREAS, on March 12, 2020, the City Administrator of the City of Carmel-bythe-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City due to COVID-19; and WHEREAS, on March 13, 2020, the City Council adopted Resolution 2020-021 ratifying the City Administrator’s Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”); and WHEREAS, the COVID-19 pandemic, including its variants, continues to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, especially the elderly and those with underlying health conditions; and
WHEREAS, City Municipal Code Section 1.16.010 provides that every person convicted of a violation of any provision of the Municipal Code may be punished as a misdemeanor with a fine not exceeding $1000 and/or imprisonment for a term not exceeding six month or punished as an infraction with a fine up to $100.00 for each violation, $200.00 for second violation within one year and $500.00 for a third and any subsequent violation within one year; and
WHEREAS, in the absence of actions to mitigate the spread of COVID-19, County wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity; and WHEREAS, in order to mitigate the spread of COVID-19, it is necessary for the immediate preservation of the public peace, health and safety to adopt rules of conduct at City facilities; and
WHEREAS, the City desires to further combat COVID-19 by establishing safe protocols for conduct within city-owned facilities, including requiring persons wear a face covering at all times covering the mouth and nose, before entry or remaining within cityowned facilities; and WHEREAS, the City further desires to identify certain city-owned facilities as limited public forums opened to the public for the limited purpose of conducting city business, that this policy for conduct is intended to prevent disruptive conduct that prevents the efficient processing of city business by establishing reasonable time, place, and manner requirements for persons wishing to enter or use such city-owned facilities, and that this policy is not intended to limit rights protected by the First Amendment; and Attachment 3
Ordinance 2022-006
WHEREAS, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this to Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any information provided during public meetings; and WHEREAS, the City Council adopted Urgency Ordinance 2022-001 on February 28, 2022 with Rules of Conduct at City Facilities; and
WHEREAS, the Council adopted Urgency Ordinance 2022-002 on April 4, 2022 amending Section of 7 of Urgency Ordinance 2022-001 with Rules of Conduct for attendance at meeting of Legislative Bodies; and
WHEREAS, Since the adoption of Urgency Ordinance 2022-002, the Monterey County Health Department has deferred their guidance on masking to the California Department of Public Health (“CDPH”) recommendations; and WHEREAS, As of September 23, 2022, the CDPH shifted from a “strong recommendation” for the general population to mask in all indoor settings at all times, to using the CDC Community Levels to help inform masking recommendations: Website:
https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html; and WHEREAS, CDC Community Levels – are updated weekly on Thursday, and are determined by hospital based metric data (COVID-19 hospital admissions, % inpatient beds occupied with COVID-19, new cases per 100,000 population), and are intended to “provide a broad framework for jurisdictions to use and adapt...based on local needs”; and
WHEREAS, the three CDC Community Levels may be summarized as follows:
Low – recommendations focus on best practices for prevention and control, vaccinations
Medium – strengthens emphasis on protecting people are
immunocompromised, enhanced prevention measures for high-risk settings High – focus on wearing masks indoors in public and providing added protection to populations at high risk
WHEREAS, the Monterey County COVID-19 Community Level as of October 3, 2022 was “Low”; and
WHEREAS, Recommended Guidance from the CDPH when the level is low:
Attachment 3
Ordinance 2022-006
• Stay up to date with COVID-19 vaccines
• Get tested if you have symptoms
• People may choose to mask at any time
• People with symptoms/positive test/exposure should wear a mask
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL- BY-THE-SEA DOES ORDAIN AS FOLLOWS:
Section 1: Incorporation of Findings. The City Council of the City of Carmel- bythe-Sea incorporates the Whereas Clauses above by reference as though fully set forth here.
Section 2: Codification. This Ordinance shall not be codified in the Carmel-bythe-Sea Municipal Code.
Section 3: CEQA/Environmental Findings. The City Council exercises its independent judgment and finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Urgency Ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this Urgency Ordinance may have a significant adverse effect on the environment, the adoption of this Urgency Ordinance is exempt from CEQA.
Section 4. Authority Pursuant to Applicable Law. Pursuant to California Government Code Section 8610, the City, while in a state of emergency proclaimed by the Director of Emergency Services and ratified by the City Council, may establish rules and regulations for dealing with the local emergency. The City Council finds and determines that it has the authority to enact this Urgency Ordinance pursuant to all applicable laws including, but not limited to, the California Emergency Services Act, the City Municipal Code, the declaration of local emergency issued by the City Council on March 13, 2020, Government Code Section 36937 (b) and the Findings set forth herein.
Section 5. Local Emergency. A local emergency continues to exist throughout the City, and the City has been undertaking, and will continue through cessation of this emergency to undertake, necessary measures and incur necessary costs, which are directly related to the prevention of the spread of the COVID-19 Virus and are taken in furtherance of: the Governor’s Proclamation of a State of Emergency on March 4, 2020; the President of the United States’ Declaration of a National Emergency on March 13, 2020; the City Council Resolution 2020-021 declaring the existence of a local emergency with the City due to COVID 19, the Orders issued by the Governor, State Public Health Officer and the County Public Health Officer due to COVID-19 and all applicable laws.
Attachment 3
Ordinance 2022-006
Section 6. Powers of City Director of Emergency Services. During the existence of the local emergency due to COVID-19, the powers, functions, and duties of the City Director of Emergency Services shall be those prescribed by state law, ordinances, and resolutions of this City notwithstanding otherwise applicable procedures, timelines or methods of action and the City Director of Emergency Services is expressly authorized to take any and all actions in furtherance of emergency powers to address the local emergency.
Section 7. Rules of Conduct for Attending Meetings of Legislative Bodies at City Facilities. It is hereby ordered and ordained that the following rules of conduct shall apply to attendance at meetings of Legislative Bodies at City facilities, as defined herein:
7.1 City Facility. For purposes of this Urgency Ordinance, the term “City Facility” or “City Facilities” means City Hall and any other property owned by the City where there is a meeting held of a Legislative Body.
7.2. Legislative Body. For purposes of this Urgency Ordinance, the term “Legislative Body” means the City Council, Planning Commission, Forest and Beach Commission, Historic Resources Board, Harrison Memorial Library Board of Trustees, Community Activities Commission and the Building Code Board of Appeals.
7.3 Face Covering. No person shall be permitted to enter or remain in City Facility at a meeting of a Legislative Body unless that person wears a face covering which covers both the mouth and nose at all times when the CDC Community Level for the County Monterey is medium or high as of the date of posting the agenda for the meeting of the Legislative Body. The agenda will state the CDC Community Level and whether a face covering will be required for attendance at that meeting of the Legislative Body. Upon request, the City will provide anyone seeking to enter City Facility to attend a meeting of a Legislative Body with a face covering if they do not have one.
7.4 If anyone is unable or unwilling to comply with the requirements of this Section 7, they may attend the meeting remotely in the manner described in the Agenda posted for the meeting.
SECTION 8. Violations of this Urgency Ordinance shall be punishable as set forth in the City Municipal Code Section 1.16.010 and Section 2.64.100. In addition, persons who do not follow the Rules of Conduct set forth in this Urgency Ordinance must remain outside city-owned facilities or may be considered trespassers subject to removal by peace officers or any other method authorized under this Urgency Ordinance or under Government Code section 37359.
Section 9. Authorization of City Code Compliance Coordinator. Pursuant to California Penal Code § 836.5, the City Code Compliance Coordinator is authorized to issue criminal citations following the procedures set forth in California Penal Code §§ 853.5 through 853.6a, or such other procedures as the State of California may Attachment 3
Ordinance 2022-006
subsequently enact for violations of this Urgency Ordinance and violations of any section of the City Municipal Code or violation of any City ordinance.
Section 10. Authorization of City Director of Emergency Services. The City Director of Emergency Services and his/her designee(s) are hereby authorized to take all necessary action to implement and enforce this Urgency Ordinance.
Section 11. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of Urgency Ordinance. The City Council declares that it would have passed this Urgency Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Urgency Ordinance would be subsequently declared invalid or unconstitutional.
Section 12. Urgency Ordinance 2022-001 and Urgency Ordinance 2022-002 are hereby repealed.
Section 13. Effective Date and Duration. This Urgency Ordinance enacted under California Government Code Section 36937 will take effect immediately upon adoption by a four fifths (4/5) vote of the City Council. This Urgency Ordinance will remain in effect until rescinded by the City Council.
Section 14. Publication. The City Clerk is directed to certify this Urgency Ordinance and cause it to be published in the manner required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BYTHE-SEA this 1st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 3
Carmel’s Preservation Association
Invites you to help SAVE Carmel’s appeal, charm, and magic! THE STATEMENT BELOW WAS SIGNED BY 737 PETITIONERS:
“PETITION TO SAVE THE UNIQUE ARCHITECTURAL CHARACTER OF CARMEL BY THE SEA”
“The following residents of and visitors to Carmel love our village character, and we respectfully ask that the City Council/Planning Commission reassess the approval process for demolitions, remodels, and new construction. Please consider the ambiance that has been Carmel for over 100 years. It is being eroded with “anywhere USA” buildings:
sterile facades and box-like structures, including use of excessive glass and industrial materials that do not fit the old world charm of our village in the forest.“
WHO SIGNED THIS PETITION?
43% OR 315 CARMEL BY THE SEA RESIDENTS (93921 only)
19% OR 141 CARMEL SPHERE OF INFLUENCE
29% OR 217 VISITORS
09% OR 64 UNKNOWN ZIPS
PLUS 110 supportive facebook RESPONDENTS in one exposure.
TOTALING 847 SUPPORTERS and COUNTING!
HERE ARE TYPICAL EXAMPLES OF WHAT PEOPLE SAID:
visitor: “yes, of course we’ve noticed the modern style homes coming into the village.
If this continues, we won’t be coming back.”
local: “I went down to get some blood taken for tests, you know, got into conversation with the two nurses. They were saying, Oh, no, we're losing Carmel. No, no, we see it.” visitor: “We have been coming here since the 80s. We absolutely love it. We come multiple times a year. And I have noticed that over the past 30 years, it is definitely Correspondence Received: 10/31/2022
From: Karyl Hall, Carmel Presevervation Assoc.
losing its charm, the quaintness and the rustic quality of the cottages, it's just disappearing, And what you're left with is McMansions with no consideration whatsoever for the original charm, what you have come here for, and now you want to change it. And it makes no sense. It needs to stop.”
MESSAGE:
Carmel’s fate is in your hands. Carmel is extraordinary and deserves to be protected for future generations. Over the past few years, Carmel has fallen vulnerable to the pressures of demolition and development in this period of unprecedented prosperity.
People, who want what they have in Anywhere, USA, are bringing their Anywhere, USA, house designsinto our tiny residential tree-lined streets, without consideration that they do not “blend in” with their neighbors or the rest of the village. The bigger, the squarer, the more glass, the straighter, the flatter, the taller, …yes, the better! Carmel’s Preservation Association disagrees with this concept and what Carmel-by-the-Sea is and was created to be.
For those who want to alter Carmel because this is America and they want what they want, we say: to honor Carmel means to cherish what we have been given, not to make it look like the rest of the country.
We are encouraging locals to support, through their vote, leaders who protect Carmel’s appeal from the pressure of change in the name of “progress.” kh: 10.28.22
Correspondence Received: 10/31/2022
From: Karyl Hall, Carmel Presevervation Assoc.
Below are common arguments we hear from “modernists” regarding Carmel’s architecture. We have provided our responses to these comments below. We hope they help clarify our position for you.
Carmel Preservation Association
ISSUES/ARGUMENTS: QUESTIONS AND ANSWERS
1. Define “Carmel character.” What are you talking about…can you describe exactly what you mean by that?
This type of question is used commonly on any topic to disarm an opinion. Almost all issues/opinions lie on a continuum. Many Carmel houses are easily defined as having Carmel character or charm, with almost 100% agreement. Likewise many are clearly not of that ilk. Then there are those along the continuum, where opinions differ. That’s why we have committees, and hopefully clear guidelines, to discuss and determine whether an individual house plan qualifies as having Carmel character.
Below are definitions of “traditional” vs. “modern style” buildings. However, Carmel charm is probably best described in pictures, not words.
2. Architectural designs need to be represented from every decade.
Carmel is not an encyclopedia of architectural styles. They are well represented in other communities (less desirable ones, we might add).
Because Carmel has limited undeveloped land, newer designs actually eliminate the charming cottages. Taking this to the extreme, continued demolition of older homes to be replaced by new “modern” buildings will eventually eliminate what is Carmel’s charm.
TO USE AN ANALOGY, IF CARMEL WERE A MUSEUM OF IMPRESSIONIST
ARTWORK OF ALL KINDS, AND THE MODERATOR DECIDED TO INTRODUCE
MODERN ART, BECAUSE OF LIMITED SPACE EACH PIECE OF
IMPRESSIONIST ART WOULD EVENTUALLY BE REPLACED WITH MODERN ART. THE MUSEUM IS NO LONGER WHAT IT WAS. CARMEL IS ALSO GOING
THE WAY OF MOST OTHER BEACH DESTINATION COMMUNITIES,
ACCORDING TO OUR VISITORS—RUINED.
3. Diversity. Diversity is good.
Diversity is good among people---maybe not as much among houses. Yes, some diversity is desirable—we don’t want “cookie cutter” designs that all look alike. We do not have that. The diversity among the older Carmel traditional styles thrives.
Carmel has maintained an architectural integrity atypical of the vast majority of communities. We are special, in that the residential designs have, for the most part, a warm, inviting, cozy feel, impervious to trends of the time.
In any community worth visiting there is an atmosphere, expressed through its architecture, which speaks not only to diversity within a genre, but homogeneity as well. Carmel is world-renowned for a reason, much of it due to the “magical” designs of its homes.
4. “You can’t stop progress.”
Correspondence Received: 10/31/2022
From: Karyl Hall, Carmel Presevervation Assoc.
Attachment 1
Yes we can. What have we been doing for the last 100+ years in Carmel, when it comes to housing designs? That does not mean that we won’t embrace new and better ways to deal with issues generally. However, Carmel has maintained an architectural integrity atypical of the vast majority of communities. We hope this will continue to be, as it has been accomplished through hard work, over and over again by those before us. Carmel is in danger of becoming an “Anywhere USA” community. Many of the beach communities have already succumbed to “’progress.” At this point the village of Carmel is losing the battle to maintain its traditional character, maybe for the first time in its history.
5. People should be able to do what they want with their house styles. ….Individual rights. If your neighbor wants to build a warehouse next to you, is that ok? How about a huge flat-top box home painted purple that blocks all the neighbors’ views? Any community worth visiting has strict building guidelines. European villages exemplify this well.
People can build pretty much what they want in other, but less desirable areas.
6. New construction should not mimic the older styles of earlier decades.
As for "mimicry," aren’t the contemporary homes mimicking others just as much as the traditional styles? Original nuances can appear on any style of home. Yes, it is important to monitor the quality of construction to assure that false facades and poor attempts at capturing the past are discouraged. However, there are many examples of charming newer buildings in the village that uphold the magic of Carmel.
Many of the Carmel cottages are beyond repair, but they can be remodeled, added to, or demolished if necessary while keeping in the character of what makes Carmel so unique and special.
Take the analogy of modern art. Are paintings of landscapes, or still lives mimicking others on the same topic? Is not modern art mimicking a style as well? Everything old is new again.
7. it doesn’t say in the design guidelines that we can’t do this.
Our present guidelines are just that, guidelines. They cannot be comprehensive in covering every possible issue presented. The “spirit” of the guidelines is ideally determined/upheld in committee discussion and decision making. This is not a perfect world, but we can strive toward that ideal.
This is also why we need stronger language in the updated guidelines, allowing our Commissioners backup for holding the line.
8. There are other examples of modern styles in our neighborhood—why can’t we build a modern house too?
Unfortunately true, modern houses have been approved. Two (or more) wrongs do not make a right. Let’s start making better decisions regarding designs in Carmel!
9. We don’t want “Disneyland,” or cutsy cottages.
Well, Disneyland is not what we want either, but people flock there for a reason. We don’t want false fronts. We do want the real thing. There is nothing wrong with making an environment welcoming and comfortable, different from other places. There IS something wrong with making it sterile and bare, particularly in Carmel by the Sea. Comstock would not have been allowed to build his cottages today. Not just because of codes, but because they would not have been seen as “acceptable” (e.g., volumetric guidelines preclude high peeked roofs, and the Commission recommends “simple” lines/designs). The most common requests of visitors at the Visitors Center (other than asking where the bathrooms are) is “where are the fairytale cottages?”).
Correspondence Received: 10/31/2022
From: Karyl Hall, Carmel Presevervation Assoc.
Attachment 1
10. Isn’t it ok to have some modern houses?
Who do you say “yes” to and who do you say “no” to? This is the approach we presently have, and has caused a proliferation of modern styles in Carmel. If we give them an inch, they’ll take a mile,” as we see presently. This speaks to updating our design guidelines to be more prescriptive, and adhere to them. People deserve to know what is expected architecturally before they draw up plans.
Kh 10.28.22
DEFINITIONS:
Traditional Carmel Elements
•Natural materials
•Pleasant open spaces
•Abundant informal landscaping
•Carmel Stone and local granite
•Wooden hand carved doors, arched doors
•Wood window frames, sills, and moldings
•Wooden (or stone, e.g. slate) roofing materials
•Detail and craftsmanship
•Embellished work with detail
•Interest and continual delight in design
•Surfaces broken up by ridges, insets, decorative tiles, cavities, niches and abrupt changes of material
•Variety in textures, from smooth troweled plaster, brick, stone, rock or exposed aggregate to painted, carved or unfinished wood
•Corners exhibit bevels, bullnoses, cornices and moldings •Human scale
•Warm, friendly, unassuming, inviting, magical, whimsical, cozy, welcoming, heartwarming
Modern style elements/and or unacceptable elements:
•rectilinear right angles and squares
•box-like walls
•no overhangs
•flat roofs, or shallow pitch, asymmetrical roofs, ribbed metal roofs •geometry that is squared and has straight lines
•expansive and undivided glass windows, windows resembling commercial storefronts
•the elimination of detail and trim
•featureless, industrial materials such as steel, glass and concrete •faux materials
•excessive use of dull colors (white, gray, black)
•a machine-like crafted appearance that is stark, cold, lifeless, and impersonal, sensational, trendy, ostentatious
•overpowering in appearance
Correspondence Received: 10/31/2022
From: Karyl Hall, Carmel Presevervation Assoc.
Attachment 1
Attachment 2
Attachment 2