Agenda packet — Carmel-by-the-Sea City Council, March 7, 2023 (part 3 of 3)

WHEREAS, on March 11, 2020, the World Health Organization (''WHO") classified the spread of COVID-19 internationally as a global pandemic; and WHEREAS, based on said events, the City Administrator of the City of Carmel-by-the-Sea declared the existence of a local emergency within the City at 10:26 am on Thursday, March 12, 2020; and
WHEREAS, on March 13, 2020, the City Council adopted Resolution 2020-21 ratifying the declaration of emergency by the City Administrator; and WHEREAS, on February 28, 2023, Governor Newsom announced that the COVID-19 Declaration of State of Emergency was terminated; and
WHEREAS, since the City Council’s proclamation of a local emergency, various emergency policies have been issued by the Director of Emergency Services and ratified by the City Council; and
WHEREAS, the case incidence of COVID-19 cases in Monterey County has significantly subsided; and
WHEREAS, pursuant to Government Code Section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer exist to warrant continuing the local emergency beyond the timeframe identified by the state of California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA PROCLAIMS, AND ORDERS AS FOLLOWS:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The City of Carmel-by-the-Sea may continue to offer teleconference options for meetings of legislative bodies for the public, city staff, and consultants, as an alternative participation method but is not guaranteed. Councilmembers, Board and Commission members may participate via teleconference in the manner provided by law under Government Code Section 54953 traditional teleconference rules and under the AB 2449 rules which went into effect January 1, 2023.

3. The City Council hereby rescinds Resolution No. 2020-021 which ratified the proclamation of a local emergency related to COVID-19 and also rescinds the following Resolutions:
• Resolution 2020-022 – Ratifying Emergency Services Order 20-1 Staying Evictions in the City
• Resolution 2020-050 – Temporary Voluntary Time Off Program for At-Will employees
• Resolution 2020-057 – Ratifying Emergency Services Order No. 20-2 Issuing rules for use of the beach in Carmel
• Resolution 2020-070 – Amending Resolution 2020-057 Regarding Rules for the beach in Carmel

4. This Resolution shall take effect immediately upon adoption by the City Council.

Attachment 1
Resolution 2023-026

Page 3 of 3 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2020-021

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

RATIFYING THE CITY ADMINISTRATOR'S PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY DUE TO THE WORLDWIDE SPREAD OF THE CORONAVIRUS ("COVID-19")
WHEREAS, the California Emergency Services Act (California Government Code sections 8639, 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, 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, Chapter 2; section 2.64.020 of the City of Carmel-by-the-Sea ("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, including conditions such as an epidemic, which 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, Chapter 2, section 2.64.050 of the City of Carmel-by-the-Sea ("City'') Municipal Code designates the City Administrator as the Director of Emergency Services for the City; and
WHEREAS, Chapter 2, section 2.64.060 empowers the City Administrator, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven (7) days; and
WHEREAS, in December 2019 and January 2020, reports began spreading worldwide of a flu-like virus first found in China, that was more deadly than the flu generally, with the virus becoming known as the Coronavirus ("COVID-19''); and
WHEREAS, from January 2020 to March 2020, COVID-19 spread throughout the world, with over 114,000 confirmed cases of individuals contracting COVID-19, and over 4,000 confirmed cases of individuals dying from COVID-19; 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 following one official COVID-19 death;
WHEREAS, on March 6, 2020, the County Administrative Officer of Monterey County ("County CAO") proclaimed a Local Emergency due to the threat of COVID-19 in the County; and Attachment 2
Resolution No. 2020-021

Page 2 ends

WHEREAS, on March 10, 2020, the Governor's Office of Emergency Services quarantined in Monterey County up to 24 cruise ship passengers who recently disembarked from the Grand Princess cruise ship in Oakland, California, which had over 20 confirmed cases of COVI D-19 on board; and
WHEREAS, as of March 11, 2020, the Centers for Disease Control and Prevention ("CDC") has confirmed 938 cases of COVID-19 in the United States, with 29 cases resulting in death, with thirty-nine (39) jurisdictions reporting cases, including California; and WHEREAS, on March 11, 2020, the World Health Organization (''WHO") classified the spread of COVID-19 internationally as a global pandemic; and WHEREAS, based on said events, the City Administrator of the City of Carmel-by-the-Sea declared the existence of a local emergency within the City at 10:26 am on Thursday, March 12, 2020.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COOUNCIL FO THE CITY OF CARMEL-BY-THE-SEA, that the Proclamation of the Existence of a Local Emergency issued by the City Administrator acting as the Director of Emergency Services is hereby confirmed and ratified by the City Council of the City of Carmel-by-the-Sea; and BE IT FURTHER RESOLVED, that said local emergency shall be deemed to continue to exist and shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council of the City of Carmel-by-the-Sea per California Government Code section 8630; and BE IT FURTHER RESOLVED, that the City Administrator or his designee is authorized to take whatever other action is authorized under the Carmel-by-the-Sea Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of March 2020, by the following vote:

AVES: COUNCIL MEMBERS BARON, THEIS; MAYOR PRO TEM RICHARDS; MAYOR POTTER
NOES: NONE
ABSENT: COUNCIL MEMBER REIMERS
ABSTAIN: NONE
APPROVED: ATTEST:

Dave Potter
Mayor
(~·~
Britt Avrit, MMC
City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2020-022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RATIFYING THE DIRECTOR OF EMERGENCY SERVICES ORDER NO. 20-1 STAYING

EVICTIONS IN THE CITY OF CARMEL BY-THE-SEA
WHEREAS, the California Emergency Services Act (California Government Code sections 8639, 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, 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, Chapter 2, section 2.64.020 of the City of Carmel-by-the-Sea ("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, including conditions such as an epidemic, which 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, Chapter 2, section 2.64.050 of the City of Carmel-by-the-Sea ("City") Municipal Code designates the City Administrator as the Director of Emergency Services for the City; and
WHEREAS, Chapter 2, section 2.64.060 empowers the City Administrator, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven (7) days; and
WHEREAS, in December 2019 and January 2020, reports began spreading worldwide of a flu-like virus first found in China, that was more deadly than the flu generally, with the virus becoming known as the Coronavirus ("COVID-19"); and
WHEREAS, from January 2020 to March 2020, COVID-19 spread throughout the world, with over 114,000 confirmed cases of individuals contracting COVID-19, and over 4,000 confirmed cases of individuals dying from COVID-19; 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 following one official COVID-19 death;
WHEREAS, on March 6, 2020, the County Administrative .Officer of Monterey County ("County CAO") proclaimed a Local Emergency due to the threat of COVID-19 in the County; and Attachment 3
Resolution No. 2020-022
Page2
WHEREAS, on March 10, 2020, the Governor's Office of Emergency Services quarantined in Monterey County up to 24 cruise ship passengers who recently disembarked from the Grand Princess cruise ship in Oakland, California, which had over 20 confirmed cases of COVID-19 onboard; and
WHEREAS, as of March 11, 2020, the Centers for Disease Control and Prevention ("CDC") has confirmed 938 cases of COVID-19 in the United States, with 29 cases resulting in death, with thirty-nine {39) jurisdictions reporting cases, including California; and WHEREAS, on March 11, 2020, the World Health Organization ("WHO") classified the spread of COVID-19 internationally as a global pandemic; and WHEREAS, based on said events, the City Administrator of the City of Carmel-by-the-Sea declared the existence of a local emergency within the City at 10:26 am on Thursday, March 12, 2020;and
WHEREAS, on March 13, 2020 at 11:00 a.m., there was a Special Meeting of the City Council at which the 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, On March 17, 2020, the Governor issued Executive Order N-28-20, which waived any provisions of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions, including but not limited to Civil Code Sections 1940 et seq. or 1954.25 et seq., until May 31, 2020, unless extended; and
WHEREAS, on March 23, 2020, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Administrator, in his capacity as the Director of Emergency Services, issued Order No. 20-1 staying evictions in the City to protect life, property and civil order and a copy of Order 20-1 is attached hereto as Exhibit A; and WHEREAS, Order 20-1 Staying Evictions in the City was issued pursuant to the authority granted to the Director of Emergency Services by all applicable laws including, but not limited to, Government Code Section 38791, CMC Chapter 2.64 and Executive Order N-28-20 issued by the Governor

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FO THE CITY OF CARMEL-BY-THE-SEA, that the foregoing Recitals and Exhibit A attached hereto are hereby incorporated by reference as though fully set forth here; and BE IT FURTHER RESOLVED, that Order 20-1 Stay Evictions in the City issued by the City Administrator acting as the Director of Emergency Services is hereby confirmed and ratified by the City Council of the City of Carmel-by-the-Sea; and BE IT FURTHER RESOLVED, that the City Administrator or his designee is authorized to take whatever other action is authorized under the Carmel-by-the-Sea Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes to implement Order 20-1 Staying Evictions in the City.

Attachment 3
Resolution No. 2020-022
Page3
-PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 30th day of March 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, THEIS, MAYOR POTTER
NOES: NONE
ABSENT: NONE
RECUSED: COUNCIL MEMBER REIMERS, MAYOR PRO TEM RICHARDS APPROVED: ATTEST:

Dave Potter
Mayor
( - ,,• /·'l . ··. , !l r
·-------~--,~i~( «<'~rBritt Avrit, MMC
City Clerk
Attachment 3
Resolution 2020-022
Page4
DIRECTOR OF EMERGENCY SERVICES ORDER NO. 20-1 STAYING EVICTIONS IN

THE CITY OF CARMEL BY-THE-SEA
WHEREAS, Pursuant to Carmel-by-the-Sea Municipal Code ("CMC'') Section

2.64.050, as City Administrator of the City of Carmel-by-the-Sea (,.City''), I serve as the Director of Emergency Services for the City; 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, On March 4, 2020, a State of Emergency was proclaimed by Governor Gavin Newsom; and
WHEREAS, March 11, 2020, the World Health Organization ("WHO"} classified the spread of COVI D-19 internationally as a global pandemic; and WHEREAS, On March 12, 2020 at 10:26 a.m., acting in my capacity as the Director of Emergency Services, I issued a Proclamation ("Proclamation") ordering there is a local state of emergency ("Local Emergency") which now exists in the City due to COVID-19 ("Coronavirus); and
WHEREAS, On March 13, 2020 at 11 :OO a.m., there was a Special Meeting of the City Council at which the Council adopted Resolution No. 2020-021 ratifying the City Administrator's Proclamation of the Existence of a Local Emergency due to the Worldwide Spread of the Coronavirus ("COV1D-19n), and
WHEREAS, On March 17, 2020, the Governor issued Executive Order N-28-20, which waived any provisions of state law that would preempt or otherwise restrict a local government's exercise of its police power to impose substantive limitations on residential or commercial evictions, including but not limited to Civil Code Sections· 1940 et seq. or 1954.25 et seq., until May 31, 2020, unless extended. A copy of Executive Order N-28- 20 is attached hereto as Exhibit 1 and is hereby incorporated by reference; and WHEREAS, In the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to issue and implement this Order 20-1 to protect life, property and civil order and I am issuing this Order 20-1 pursuant to the authority granted to me by all applicable laws including, but not limited to, Government Code Section 38791, CMC Chapter 2.64 and Executive Order N-28-20 issued by the Governor.

NOW, THEREFORE, AS THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF CARMEL BY-THE-SEA, I HEREBY ISSUE THE FOLLOWING ORDER:

SECTION 1. This Order hereby incorporates by reference. as though fully set forth here the above recitals and Exhibit 1 attached hereto.

Attachment 3
Resolution 2020-022

Page 5 ends

Director of Emergency Services Order 20-1
Page2
SECTION 2. A temporary moratorium on eviction for non-payment of rent, by any residential tenant, any commercial tenant, and/or any non-residential tenant, impacted by the COVID-19 crisis is imposed as set forth herein.

SECTION 3. During the period of local emergency declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to Financial Impacts related to COVID-19.

SECTION 4. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above in Section 2 shall not serve a notice pursuant to CCP 1161 (2), file or prosecute an unlawful detainer action based on a 3-day pay or quit notice, or otherwise seek to evict for nonpayment of rent.

SECTION 5. A landlord knows of a tenant's inability to pay rent within the meaning of this Order if the tenant, within 30 days after the date that rent is due, notifies the landlord in writing of lost income and inability to pay full rent due to Financial Impacts related to COVID-19, and provides documentation to support the claim. For purposes of this Order, "in writing" includes email or text communications to a . landlord or the landlord's representative with whom the tenant has previously corresponded by email or text, as well as traditional written communication. Any medical or financial information provided to the landlord shall be held in confidence, and only used for evaluating the tenant's claim.

SECTION 6. Tenants who were afforded eviction protection under this section shall have up to sixty (60) days after the termination of this Order to pay their landlord all unpaid rent.

SECTION 7. Nothing in this section waives a tenant's obligations to pay back rent owed once this Order is no longer effective; provided1 however, that a landlord may not file an unlawful detainer action based on the failure to pay rent while this Order is in effect unless the tenant fails to pay rent when due under Section 6 of this Order.

SECTION 8. Nothing in this Order shall relieve the tenant of liability for the unpaid rent, nor restrict a landlord's ability to recover rent due.

SECTION 9. For purposes of this Order, ''financial impacts related to COVID-19" ("Financial Impact') include nonpayment of rent, or a foreclosure,· arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses; provided that, the Financial Impact was caused by the COVID-19 pandemic, or by any local, state or federal government response to COVID-19, and is documented. 2 Attachment 3
Resolution 2020-022
Page6 Director of Emergency .Services Order 20-1
Page3
SECTION 10. For purposes of this Order, "no-fault eviction" refers to any eviction for which the notice to terminate tenancy is not based on alleged fault by the tenant, including but not limited to eviction notices served pursuant to Code of Civil Procedure sections 1161 (1), 1161(5), or 1161c. This order applies to nonpayment eviction notices, no-fault eviction.notices, and unlawful detainer actions based on such notices, served or filed on or after the date on which a Local Emergency was proclaimed.

SECTION 11. This Order shall be punishable as set forth in the CMC Section

1.16.010. In addition, this Order grants a defense in the event that an unlawful detainer action is commenced in violation of this Order.

SECTION 12. This Local Emergency shall continue until it is terminated by proclamation of the City Council. Pursuant to Section 8630 of the Government Code, the City Council shall proclaim the termination of a local emergency at the earliest possible date that conditions warrant.

SECTION 13. This Order shall be in force and effect until May 31 , 2020, until and unless superseded by a duly enacted Ordinance or Resolution of the City Council of the City or a further Order by the Director of Emergency Services adopted during the local emergency that expressly supersedes this Order. Should the Governor extend Executive Order N-28-20, this Order will continue automatically beyond May 31, 2020 to the date of the Governor's extension unless superseded. ·
SECTION 14. If any section, subsection, sentence, clause, or phrase of this Order 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 remaining portions of this Order. I hereby declare that I would have issued this Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Order would be subsequently declared invalid or unconstitutional.

SECTION 15. The City Clerk shall certify to the adoption of this Order and shall cause a certified Order to be filed in the Office of the City Clerk.

This Order is hereby issued on March 23, 2020 at 'f; ")'1- pm ChipRerili
~-
Dire~rgency Services
.
~ . elk
rlttAvri( City Clerk
3 Attachment 3
Resolution
2020-022

Page 7 ends

Director of Emergency Services Order 20-1 EXHIBIT 1

Page 4 ends

STATE OF CALIFORNIA
EXECUTIVE ORDER N~28-20
WHfREAS an March 4. 2020, I proclaimed a State of Emergency to exist in Callfornla as o result of the threat of COVID-19; and WHEREAS despite su.rtained efforts, ihe virus remQltlS a threat. and further efforts to conirol the spread of the virus to reduce and minimize the risk or infection and ofherwise mitigate the affects of COVID-19 are needed;and
WHEREAS the economic impacts of COVJD-19 hove been
significont. and could threaten to undermine Californians' housing security ond the stobiliiy of Colifomici businssses; and
WHEREAS many Californians are experiencing substantial losi85 of income as o result of business closures. tt,a toss .of hours or wages, or layoffs related to COVID-19. hindering !heir abii.itv to lceep up wlih their rents, mortgages, end uflllty bills: ond
WHEREAS cauromians who are most vulnerable to COVt0..19. those 65 years and older, and those with underlying heotth Issues, are Qdvised to seif-quarantine, self-isolate, or otherwise remain In their homes to reduce the tronsmlssian of COVID-19; ond
WHBEAS because homelessness can exacarbofe vulnerability to COVID-19, Califcmio must tatce mecsuresto preserve and increase housing security for Colifornlans to protect public health; and WHEREAS local Jurisdictions, bas:ed on their particular needli, may therefore determine that additional measures to promote housing security and stobiilty are necessary to protect public health or to mitigate fhe economic impacts of COVl~19; and
WHEREAS local jurfsdlciions may also determine, bosed on their particulor needs, that promoting stab/lily amongst commercial tenancies is also conducive to public health, iuch as by allowing commercial establishments to decide whether and how to remain open bosed on pUblic hec;dth concerns ra1her than economic pressures. or to mitigate the economic Impacts of COVID-19; and
WHEREAS In addition to these pubffc health benefits. s1ate and local pollcies to promote social distQnclng, self-qUQrcmtine. and self-isolation require that people be able to access bosfc utUitie$-including water, gos, electricity, end felec::ommunications-at their homes. iO that Col!fornlons con work from home, receive pubfic health information. and otherwise adhere to po][cias of sack:11 dlstoncing, self-quarantine, and self-iSOlation, If naeded;and
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Attachment 3
Resolution
2020-022
Page8
Director of Emergency Servk:es Order 20-1
PageS
WHEREAS many utility providers. public and private, covering eiectr!city, gas, water. and s:awer, hove voluntarily announced moratoriums on service disconnections and late fees for non-payment in response to COVI0-19; and
WHEl!AS many telecommunicatlon companies, including Internet and cell phone providers, have voluntarily announced moratoriums on service disconnections and lote fees for non-payment in response to COVID-19;
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of Callfomla, ln accordance wi1h the authority vested In me by the State Constitution ond statutes of the State of California. and in particular, Government Code sections 8567 and 8571. do hereby issue the following order to become effective immediately;
IT IS HERSBY ORDERED THAT:

I) The time limltatlon set forth in Penal Code section 396, subdivision (fl, concerning proteciions Qgainst residential eviction, is hereby waived. Those protections shall be in effect through May 31. 2020. 2) Any provision of state law that would preempt or otherwise restrict a local government's exercise of its pollce power to tmpose substantive !Imitations on residential or commercial evictions as described In subparagraphs (i) arid (IJJ below-including, but not limited to, any such provislon of Civil Code sections 1940 et seq. or 1954.25 et seq.-is hereby suspended to the extent that ft would preempt or otherwise restrict such exercise. This paragraph 2 shall only apply to the imposition of llmltoiions on evictions when:
(i) The bosfs for the evlc11on is nonpayment of rent, or a foreclosure. arising out of a substantial decrease fn
household or business income (including, but not
limited to, a substantial decrease in household
income caused by layoffs or a reduction in the
number of compensable hours of work. or a
substantial decreose in business Income caused by
a reduction in opening hours or consumer demand),
or substantial out-of-pocket medical expenses: and
(ii] The decrease in household or business income or
the out-of-pocket medical expenses described in
subparagraph (i} wos caused by the COVlD-19
pandemic, or by any local, state, or federal
government response to COVID-19, and is
documented.

The statutory cause of action for judicial foredosure. Code of Civil Procedure section 725a et seq.; the statutory cause of action for unlawful detainer. Code of Civil Procedure section 1161 et seq., and cmy other stafufory cause of action that could be used to evict or otherwise eject a residential or commerclal t~nant or occupant of residential real property after foreclosure is suspended only as applled to any tenancy, or resideniial real property and any t
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Attachment 3
Resolution
2020-022
Page9
Director of Emergency Services Order 20-1
Page6
occupotion thereof, to which a local government has imposed a llmitat/on on eviction pursuant to this paragraph 2, and only ro the extant of the limitation imposed by the local government.

Nothing in this Order shalt relieve a tenant of the obligation to pay rent. nor res1ricf a landlord's abiU1y to recover rent due.

The protections in this paragraph 2 shall be in effect through May 31, 2020. uni ess extended,
3) All public housing authorities are requested to extend deadlines for housing assistance recipients or appicants to deliver records or documents related to !heir engibillty tor programs. to the extent that those deadlines are within the discretion of the housing authority. 41 The Department of Business Oversight. in comultaflon with the Business, Consumer Services, and Housing Agency, shall engoge with finoncial Institutions to identify tools to be used to afford Collfomions relief from the threat of residential foreclosure and displacement. and to otherwise promote housing sacurtty and stability during thls state at emergency. in furtherance of the objectives of this Order.

SJ Financial institutions holding ho-me or commerdal mortgages, including banks, credit unions, government-sponsored enterprises, and Institutional investors, ore requested to Implement on immediate moratorium on foreclosures and relaied evictions when the foreclosure or foredosure-related evictloo arises out of a substantial decrease in household or business income, or substantial out-of-pocket medical expenses, which were caused by the COVID-19 pandemic, or by any loccd, state. or federal government response to COVID-19.
6) The California Public UtUities Commission is requested to monitor measures undertaken by public and private utilHy providers to implement customer servlce protections for crlffcoJ utillffes, including but not limited to electric. gos, water. intemet. k:mdUne telephone, and cell phone service, in response to COVJD-19. and on o weekly basis publicly report these measures.

Nothing rn thi~ Order shcdl be construed to Invalidate any limitation on eviction enacted by a local jurisdiction between March 4. 2020 and this date.

Nothing in this Order shall in any way restrict state or local authority to order any quarantine. !solation, or other pubHc health measure that may compel an individual to remain physically present in a particular resldentlal real property.

This Order is not intended to, and does not, create any rights or benefits. substantive or procadi.Jral, enforceable at low orin equity, agolnsf the State of California, its agencies. departments, entitles, officers, employees, or any other person.
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Attachment 3
Resolution
2020-022

Page 10 ends

Director of Emergency Services Order 20-1
Page7
I FURTHER DIRECT that as soon as hereafter possible. this proclamation be filed in the Office of the Secretory of State and that widespread publicity ond notice be given of this Order.

IN WITNESS WHER!Ofl l have
hereunto set my hand and caused
the Great Seal of the S1ate of
California to be affixed this l 6th day
of March 2020.

ATTEST:

ALEX PADILLA
Secretay of State
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2020-057

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RATIFYING THE DIRECTOR OF EMERGENCY SERVICES ORDER NO. 20-2 ISSUING

RULES FOR THE USE OF THE BEACH IN THE CITY OF CARMEL BY-THE-SEA 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, on March 4, 2020, a State of Emergency was proclaimed by Governor Gavin Newsom; 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 at 10:26 a.m., acting in my capacity as the Director of Emergency Services, I issued a Proclamation ("Proclamation") ordering there is a local state of emergency ("Local Emergency") which now exists in the City due to COVID-19 ("Coronavirus); and
WHEREAS, on March 13, 2020 at 11 :00 a.m., there was a Special Meeting of the City Council at which the Council adopted Resolution No. 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, on March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 in which all residents were directed to immediately heed the State public health directives which the Governor ordered the Department of Public Health to develop for COVID-19; and
WHEREAS, on May 4, 2020, Governor Gavin Newsom issued Executive Order N60-20 which directed all residents to continue to obey State public health directives; and WHEREAS, Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
WHEREAS, the State Public Health Officer & Director of the California Department of Public Health ("State Public Health Officer'') has issued multiple Orders and directives due to COVID-19; and
Attachment 3
Resolution No. 2020-057
Page2
WHEREAS, Health & Safety Code Section 120155 authorizes the City's peace officers to enforce orders of the State Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease; and WHEREAS, the Monterey County Public Health Officer ("County Public Health Officer'') has issued multiple Orders due to COVID-19; and WHEREAS, Health & Safety Code Section 101029 authorizes the City's peace officers to enforce orders of the County Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City's Chief of Police to enforce local health orders to prevent the spread of disease; and WHEREAS, pursuant to Urgency Ordinance No. 2020-004 adopted on August 4, 2020, City peace officers and the City Compliance Coordinator may enforce the Orders of the Governor, State Public Health Officer and the County Public Health Officer; and WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the United States, and presents an immediate and significant risk to public health and safety, and resulting in serious illness or death; and
WHEREAS, City Municipal Code Section 2.64.060 sets forth the powers and duties of the Director of Emergency Services which includes the power to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, due to the serious health risks due to COVID-19, and the spread of COVID-19 from person to person, as well as other means of transmission, it is reasonable and necessary to issue and enforce rules regarding the use of City beaches; and WHEREAS, City Municipal Code Section 2.64.100 provides that It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this City; 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
Attachment 3
Resolution No. 2020-057

Page 3 ends

WHEREAS, on August 11, 2020, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Administrator, in his capacity as the Director of Emergency Services, issued Order No. 20-2 issuing rules for the use of the beach in the City and a copy of Order 20-2 is attached hereto as Exhibit A;and
WHEREAS, Order 20-2 was issued pursuant to the authority granted to the Director of Emergency Services by all applicable laws including, but not limited to, Government Code Section 38791 and City Municipal Code Section Chapter 2.64

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, that the foregoing Recitals and Exhibit A attached hereto are hereby incorporated by reference as though fully set forth here; Order 20-2 will expire on October 7, 2020 unless extended by action of the City Council; and BE IT FURTHER RESOLVED, that Order 20-2 Issuing Rules for the use of the beach in the City issued by the City Administrator acting as the Director of Emergency Services is hereby confirmed and ratified by the City Council of the City of Carmel-by-theSea except as modified herein and except that the rules for the use of the City Beaches shall be as follows:

2.1 No person shall have on the beach any of the following: umbrellas, shade structures or tents, beach equipment, BBQs, tables, fireworks or propane or other fuel tanks.

2.2 This section is stricken entirely

2.3 No groups of more than 10 people shall be permitted on the beach.

2.4 All persons using the beach must comply with all Orders issued by Governor Newsom, the State Public Health Officer and the County Public Health Officer; and BE IT FURTHER RESOLVED, that the City Administrator or his designee is authorized to take whatever other action is authorized under the Carmel-by-the-Sea Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes to implement Order 20-2.

Attachment 3
Resolution No. 2020-057
Page4
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 1st day of September 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, REIMERS, THEIS, MAYOR PRO TEM RICHARDS; MAYOR POTTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED: ATTEST:

Dave Potter
Mayor
<__L<-il--t
Britt Avrit, MMC
City Clerk
Attachment 3
Resolution No. 2020-057

Page 5 ends

DIRECTOR OF EMERGENCY SERVICES ORDER NO. 20-2 ISSUING RULES FOR

THE USE OF THE BEACH IN THE CITY OF CARMEL BY-THE-SEA
Order 20-2 has been modified by Resolution 2020-57
WHEREAS, pursuant to Carmel-by·lhe-Sea Municipal Code (''CMC") Section

2.64.050 , as City Administrator of the City of Carmel-by-the-Sea (''Cityj, I serve as the Director of Emergency Services for the City; 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, on March 4, 2020, a State of Emergency was proclaimed by Governor Gavin Newsom; and
WHEREAS, on March 11, 2020, the World Health Organization ("WHO") classified the spread of COVlD-19 internatiOJ1ally as a global pandemic; and WHEREAS, on March 12, 2020 at 10:26a.m., acting in my capacity as the Director of Emergency Services, I issued a Proclamation ("Proclamation") ordering there is a local state of emergency ("Local Emergency'') which now exists in the City due to COVID-19 ("Coronavirus); and
WHEREAS, on March 13, 2020 at 11 :00 a.m., there was a Special Meeting of the City Council at which the Council adopted Resolution No. 2020-021 ratifying the City Administrator's Proclamation of the Existence of a Local Emergency due to the Worldwide Spread of the Coronavirus ("COV1D·19"), and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 in which all residents were directed to immediately heed the State public health directives which the Governor ordered the Department of Public Health to develop for COVI0-19; and
WHEREAS, on May 4, 2020, Governor Gavin Newsom issued Executive Order N· 60-20 which directed all residents to continue to obey State public health directives; and WHEREAS, Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
WHEREAS, the State Public Health Officer & Director of the California Department of Public Health ("State Public Health Officer") has issued multiple Orders and directives due to COVID-19; and
WHEREAS, Health & Safety Code Section 120155 authorizes the City's peace officers to enforce orders of the State Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease; and Attachment 3
Resolution No. 2020-057

Page 6 ends

Page2
WHEREAS, the Monterey County Public Health Officer ("County Public Health Officer") has issued multiple Orders due to COVID-19; and WHEREAS, Health & Safety Code Section 101029 authorizes the City's peace officers to enforce orders of the County Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City's Chief of Police to enforce local health orders to prevent the spread of disease; and WHEREAS, pursuant to Urgency Ordinance No. 2020-004 adopted on August 4, 2020, City peace officers and the City Compliance Coordinator may enforce the Orders of the Governor, State Public Health Officer and the County Public Health Officer; and WHE-AEAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the United States, and presents an immediate and significant risk to public health and safety, and resulting in serious illness or death; and
WHEREAS, City Municipal Code Section 2.64.060 sets forth the powers and duties of the Director of Emergency Services which includes the power to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, due to the serious health risks due to COVID-19, and the spread of COVID-19 from person to person, as well as other means of transmission, it is reasonable and necessary to issuepi9e and enforce rules regarding the use of City beaches; and WHEREAS, City Municipal Code Section 2.64.100 provides that It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this City; and WHEREAS, City Municipal Code Section 1.16.01 o 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 interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary to Issue and Implement this Order 20-2 to protect life, property and civil order and I am issuing this Order 20·1 pursuant to the authority granted to me by all applicable laws including, but not limited to, Government Code Section 38791, CMC Chapter 2.64 and Executive Order N-28-20 issued by the Governor.

Attachment 3
Resolution No. 2020-057

Page 7 ends

Director of Emergency Services Order 20-2
Page3
WHEREAS, based upon the foregoing, I hereby find that this Order is necessary for the immediate preservation of the public peace, health and safety.

NOW, THEREFORE, AS THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF CARMEL BY-THE-SEA, I HEREBY ISSUE THE FOLLOWING ORDER:

SECTION 1. This Order hereby incorporates by reference as though fully set forth here the above recitals.

SECTION 2. It is hereby ordered that the following rules shall apply for the use of City beaches at all times:

2.1 No person shall have on the beach any of the following: coolers or other containers for the storage of food or drinks, umbrellas, shade structures or tents, beach equipment, BBQs, chairs, tables, fireworks or propane or other fuel tanks.

2.2 Persons may only use the beach for walking, running, swimming and surfing.

2.3 No person shall engage in the following activities at the beach: group activities, sports except as allowed by subsection 2.2, sitting, lounging, picnics, sunbathing, BBQs or fires of any kind.

2.4 All persons using the beach must comply with all Orders issued by Governor Newsom, the State Public Health Officer and the County Public Health Officer.

SECTION 3. This Order shall be punishable as set forth in the City Municipal Code Section 1.16.01 O and Section 2.64.100.

SECTION 4. This Order shall be in force and effect until and unless superseded by a duly enacted Ordinance or Resolution of the City Council of the City or a further Order by the Director of Emergency Services
SECTION 5. Severability Clause. If any section, subsection, sentence, clause, or phrase of this Order 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 remaining portions of this Order. I hereby declare that I would have issued this Order and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Order would be subsequently declared invalid or unconstitutional.

Attachment 3
Resolution No. 2020-057

Page 8 ends

Director of Emergency Services Order 20-2
Page4
SECTION 16. The City Clerk shall certify to the adoption of this Order and shall cause a certified Order to be filed in the Office of the City Clerk.

This Order is hereby issued on August 12, 2020 at /f :?r{@EJ:pm ((2,
Chip Rerig, DirectorofEii'i"ergency Services
--. Attest:

L/Lu:t;·
Britt Avrit, City Clerk
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2020-070

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING RESOLUTION 2020-057 REGARDING RULES FOR THE USE OF THE BEACH IN

THE CITY OF CARMEL BY-THE-SEA
WHEREAS, on August 11, 2020, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Administrator, in his capacity as the Director of Emergency Services, issued Order No. 20-2 issuing rules for the use of the beach in the City; and
WHEREAS, on September 1, 2020, the City Council adopted Resolution No. 2020-057 ratifying Order No. 2-20 with the following modifications:

2.1 No person shall have on the beach any of the following: umbrellas, shade structures or tents, beach equipment, BBQs, tables, fireworks or propane or other fuel tanks.

2.2 This section is stricken entirely

2.3 No groups of more than 1 O people shall be permitted on the beach.

2.4 All persons using the beach must comply with all Orders issued by Governor Newsom, the State Public Health Officer and the County Public Health Officer WHEREAS, Resolution 2020-057 (attached hereto as Exhibit 1) provided that the Order 20-2, as modified, will expire on October 7, 2020 unless extended by action of the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, that the foregoing Recitals and Exhibit A attached hereto are hereby incorporated by reference as though fully set forth here; Order 20-2 as modified by Resolution 2020-057 will expire on February 3, 2021 unless extended by action of the City Council; and BE IT FURTHER RESOLVED, that Order 20-2 Issuing Rules for the use of the beach in the City issued by the City Administrator acting as the Director of Emergency Services is hereby confirmed and ratified by the City Council of the City of Carmel-by-the-Sea except as modified herein and except that the rules for the use of the City Beaches shall be as follows:

2.1 No person shall have on the beach any of the following: shade structures or tents, beach equipment, BBQs, tables, fireworks or propane or other fuel tanks.

BE IT FURTHER RESOLVED, that the City Administrator or his designee is authorized to take whatever other action is authorized under the Carmel-by-the-Sea Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes to implement Order 20-2 as modified by Resolution 2020-057.

Attachment 3
Resolution No. 2020-070
Page2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of October 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, REIMERS, THEIS, MAYOR PRO TEM RICHARDS; MAYOR POTTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED: ATTEST:

Dave Potter
Mayor
Britt Avrit, MMC
City Clerk
Attachment 3
Resolution 2020-070

Page 3 ends

CITY OF CARMEL-BY·THE·SEA

CITY COUNCIL
RESOLUTION NO. 2020,-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL·BY·THE·SEA RATIFYING THE DIRECTOR OF EMERGENCY SERVICES ORDER NO. 20.2 ISSUING RULES FOR THE USE OF THE BEACH IN THE CITY OF CARMEL BY·THE·SEA 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, on March 4, 2020, a State of Emergency was proclaimed by Governor Gavin Newsom; 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 at 10:26 a.m., acting in my capacity as the Director of Emergency Services, I issued a Proclamation ("Proclamation") ordering there is a local state of emergency ("Local Emergency") which now exists in the City due to COVID-19 ("Coronavirus); and
WHEREAS, on March 13, 2020 at 11 :00 a.m., there was a Special Meeting of the City Council at which the Council adopted Resolution No. 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, on March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 in which all residents were directed to immediately heed the State public health directives which the Governor ordered the Department of Public Health to develop for COVID-19; and
WHEREAS, on May 4, 2020, Governor Gavin Newsom issued Executive Order N60-20 which directed all residents to continue to obey State public health directives; and WHEREAS, Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
WHEREAS, the State Public Health Officer & Director of the California Department of Public Health ("State Public Health Officer'') has issued multiple Orders and directives due to COVID-19; and
Attachment 3
Resolution 2020-070
Page4 Resolution No. 2020-057

Page 2 ends

WHEREAS, Health & Safety Code Section 120155 authorizes the City's peace officers to enforce orders of the State Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease; and WHEREAS, the Monterey County Public Health Officer ("County Public Health Officer") has issued multiple Orders due to COVID-19; and WHEREAS, Health & Safety Code Section 101029 authorizes the City's peace officers to enforce orders of the County Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City's Chief of Police to enforce local health orders to prevent the spread of disease; and WHEREAS, pursuant to Urgency Ordinance No. 2020-004 adopted on August 4, 2020, City peace officers and the City Compliance Coordinator may enforce the Orders of the Governor, State Public Health Officer and the County Public Health Officer; and WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the United States, and presents an immediate and significant risk to public health and safety, and resulting in serious illness or death; and
WHEREAS, City Municipal Code Section 2.64.060 sets forth the powers and duties of the Director of Emergency Services which includes the power to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, due to the serious health risks due to COVID-19, and the spread of COVID-19 from person to person, as well as other means of transmission, it is reasonable and necessary to issue and enforce rules regarding the use of City beaches; and WHEREAS, City Municipal Code Section 2.64.100 provides that It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of this City; and WHEREAS, City Municipal Code Section 1.16.01 O 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
Attachment 3
Resolution 2020-070

Page 5 ends

Page3 EXHIBIT A TO RESOLUTION 2020-070
WHEREAS, on August 11, 2020, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Administrator, in his capacity as the Director of Emergency Services, issued Order No. 20-2 issuing rules for the use of the beach in the City and a copy of Order 20-2 is attached hereto as Exhibit A; and
WHEREAS, Order 20-2 was issued pursuant to the authority granted to the Director of Emergency Services by all applicable laws including, but not limited to, Government Code Section 38791 and City Municipal Code Section Chapter 2.64

2.1 No person shall have on the beach any of the following: umbrellas, shade structures or tents, beach equipment, BBQs, tables, fireworks or propane or other fuel tanks.

2.2 This section is stricken entirely

2.3 No groups of more than 10 people shall be permitted on the beach.

Attachment 3
Resolution 2020-070

Page 6 ends

Resolution No. 2020-057

Page 4 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL· BY-THE-SEA this 1st day of September 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, REIMERS, THEIS, MAYOR PRO TEM RICHARDS; MAYOR POTTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED: ATTEST:

Dave Potter Britt Avrit, MMC
Mayor City Clerk
Attachment 3
Resolution 2020-070

Page 7 ends

Page 5 ends

EXHIBIT A TO RESOLUTION 2020-070
DIRECTOR OF EMERGENCY SERVICES ORDER NO. 20-2 ISSUING RULES FOR THE USE OF THE BEACH IN THE CITY OF CARMEL BY-THE-sEA
Order 20-2 has been modified by Resolution 2020-57
WHEREAS, pursuant to Carmel-by-the-Sea Municipal Code (''CMCj Section

2.64.050 , as City Administrator of the City of Cannel-by-the-Sea ("City"), I serve as the Director of Emergency Services for the City; 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, on March 4, 2020, a Slate of Emergency was proclaimed by Governor Gavin Newsom; and
WHEREAS, on March 11, 2020, the World Health Organization ('WHOj classified the spread of COVI D-19 lnternatiooally as a global pandemic; and WHEREAS, on March 12, 2020 at 10:26 a.m., acting in my capacity as the Director of Emergency Services, I issued a Proclama1ion ("Proclamation") ordering there is a local state of emergency (i..ocal Emergencyj which now exists In the City due to COVID-19 ("Coronavirus); and
WHEREAS, on March 13, 2020 at 11:00 a.m., there was a Special Meeting of the City Council at which the Council adopted Resolution No. 2020-021 ratifying the City Administrator's Prcclamalion of the Existence of a Local Emergency due tu the Worldwide Spread of the Corcnavlrus ("COVI D· 19"), and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued Executive On:ler N-33-20 in which al I residents were directed to immedia1ely heed the State pubic health directives which the Governor ordered the Depar1ment of Public Health to develop for COVID-19; and
WHEREAS, on May 4, 2020, Governor Gavin Newsom Issued Executive Order N60-20 which directed all residents to continue to obey State public health directives; and WHEREAS, Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted inclviduals and the operations of businesses and local governments; and
WHEREAS, the State Public Health Officer & Director of the California Department of Public Health ("State Public Health Officer'1 has issued mulllple Orders and clrectives due lo COVlD-19; and
WHEREAS, Health & Safety Code Section 120155 authorizes the City's peace officers to enforce orders of the State Public Health Officer Issued for the purpose of preventing the spread of any contagious, Infectious, or communicable disease; and Attachment 3
Resolution 2020-070

Page 8 ends

Resolution No. 2020-057 EXHIBIT A TO RESOLUTION 2020-070 Page6 . DlractDr al Emergency Services Order 20-2
Page2
WHEREAS, the Monterey County Public Health Officer ("Col.l'lty Public Health Offieer") has issued multiple Orders due to COVID-19; and WHEREAS, Health & Safety Code Section 101029 authorizes the City's peace officers to enforce ortlers of the County Public Health Officer issued for the purpose of preventing the spraad d any conlagious, infectious, or communicable disease and Government Code Section 41601 furlher authorizes the City's Chief of Police to enforce local health orders to preV11nt the spread of disease; and WHEREAS, pursuant to Urgency ordi'lance No. 2020-004 adopted on August 4, 2020, City peace officers and the City Compliance Coordinator may enforce the Ortlers of the Govemor, State Public Health Officer and the County PWllic Health Officer. and WHEREAS, the COVID-19 pandemic cartinues to spread rapidly wortdwide and in the United States, and presards an Immediate and significant risk to pubic health and safety, and rasulting in serious llness or death; and
WHEREAS, City Municipal Code Section 2.64.060 se1s farlh the powers and du1ies of the Dlrec:tor al Einelgency Services which includes the power to make and Issue rules and ragulalions on matters reasonably ralatad ID the prolBclian of liflt and property as affected by such emergency; prollilted, however, such rules and regulations must be conflnned at 1he ear1iest practk:able time by the City Counci; and WHEREAS, due ID the sel1ous health risks due to CCVI D-19, and the spree.cl of COVID-19 from person to person, as well as other means of transmissk>n, ltls reasonable and necessary to issuepi9e and enforce rules regarding the use of City beaches; and WHEREAS, City Municipal Code Section 2.64.100 provides that It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by inprtsament for not to exceeCI six months, or both, for any person, during an emergency, to: any act forbidden by any lawful rule or regulation Issued pun.uant to this chapter, if such act is of such a nature as ID imperil the lives or property of inhabitants of this City; and WHEREAS, City Municipal Code Section 1.16.010 provides that every person convicted of a violaflon of any provision of the Municipal Code may be punished as a misdemeanor with a fine not exceecing $1000 and/or Imprisonment for a tenn not exceeding six month or punished as an infraction with a fine up to $100.00 for each violation, $200.00 for second vlola11c1'1 within one year and $500.00 for a third and any swsequent violation within one year; and
WHEREAS, In the interest of public health and safety, as affected by the emergency caused by 1he spread of COVID-19, It Is necessary to Issue and Implement this Order 20-2 to protect IHe, property and civil order and I am issuing this Ortler 20-1 pursuant to the authority granted to me by au applicable laws inclucing, but not limited to, Government Code Section 38791, CMC Chapter 2.64 and Executive Order N-28-20 issued by the Governor.

Attachment 3
Resolution 2020-070 Resolution No. 2020-057 p
p e 7 age 9
ag Director of Emergency Services Order 20-2
Page
3 EXHIBIT A TO RESOLUTION 2020-070
WHEREAS, based upon the foregoing, I hereby find that this Order is necessary for the immediate preservation of the public peace, health and safety.

NOW, THEREFORE, AS THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF CARMEL BY-THE-SEA, I HEREBY ISSUE THE FOLLOWING ORDER:

SECTION 1. This Order hereby incorporates by reference as though fully set forth here the above recitals.

SECTION 2. It is hereby ordered that the following rules shall apply for the use of City beaches at all times:

2.2 Persons may only use the beach for walking, running, swimming and surfing.

2.3 No person shall engage In the following activities at the beach: group activities, sports except as allowed by subsection 2.2, sitting, lounging, picnics, sunbathing, BBQs or fires of any kind.

2.4 All persons using the beach must comply with all Orders issued by Governor Newsom, the State Public Health Officer and the County Public Health Officer.

SECTION 3. This Order shall be punishable as set forth in the City Municipal Code Section 1.16.01 O and Section 2.64.100.

Attachment 3
Resolution 2020-070

Page 10 ends

Page 8 ends

Director of Emergency Services Order 20·2

Page 4 ends

SECTION 16. The City Clerk shall certify to the adoption of this Order and shall cause a certified Order to be filed in the Office of the City Clerk.

This Order is hereby issued on August 12. 2020 at / f :-z_0 ~m Chip Rerlg, Director of Emergency Services
Britt Avrit, City Clerk
Attachment 3

Page 1 of 17 ends

COMMUNITY PLANNING & BUILDING DEPARTMENT

CITY OF CARMEL-BY-THE-SEA
TO: Brandon Swanson, Community Planning and Building Director FROM: Katherine Wallace, Associate Planner
DATE: August 10, 2022
SUBJECT: History and Policies on Alcohol in Carmel-by-the-Sea

SUMMARY
At the turn of the twentieth century, the Carmel Development Company envisioned the village as “a place where liquor, even in the privacy of the home, could never be found.”1 Today, Carmel-by-the-Sea has nearly twenty wine tasting rooms, three permitted bars, two liquor stores, and numerous dining establishments with liquor licenses. The following background describes the history of restrictive liquor deeds in Carmel, Prohibition-era policies and the legal challenges that followed, the rise of wine tasting shops, and the designation of Carmel’s three permitted bars. This paper also describes the impact of the Covid-19 pandemic on outdoor drinking and hours of operation, and provides the current municipal code regulations as it relates to drinking places, restaurants with bars, and wine tasting shops. The background content is followed by preliminary staff recommendations for consideration. In 1957, the Monterey Peninsula Herald reported on liquor regulations in Carmel-by-the-Sea, noting, “the subject of liquor is broad, controversial, and occasionally bewildering.” This holds true today.

TIMELINE
Late 1880s: Honore Escolle and Santiago Duckworth convey more than 500 lots free of restrictive liquor clauses, and 134 lots with restrictive liquor clauses in what is now Carmel-by-the-Sea. 1902: The Carmel Development Company begins selling remaining lots with restrictive liquor clauses as standard deed language.
1920-1933: Nationwide Prohibition in effect.
1933: Carmelites vote 449 to 259 in favor of permitting the sale of 3.2% beer and light wine (declared by Congress as non-intoxicants and thus not in violation of the property deeds). 1934-1936: California Superior Court case Carmel Development Company vs. Espindola’s results in the undoing of Carmel as a dry city.
1955: CA Department of Alcoholic Beverage Control established (replacing State Board of Equalization). 1956-1957: Liquor licenses for Hearthstone Bar and Pink Elephant liquor chain contested but upheld. 2003: Planning Commission grants first wine tasting shop use permit to Galante Family Winery. 2011: With ten tasting shops in operation, the Wine Tasting Policy is adopted. 2014: Moratorium on new wine tasting establishments.
2015: Wine Tasting Policy revised, with an addendum approved in 2016; Planning Commission formally identifies Carmel’s three legal drinking places (bars) permitted in the municipal code as Sade's, A.W.

Shucks, and Barmel.

1 Superior Court of the State of California, County of Monterey. Carmel Development Company vs. in Inc.; Isabel A.

Leidig. Case No. 15,304. Defendant’s Brief (June 5, 1936).

Attachment 4

Page 2 of 17 ends

2020-present: Covid-era exceptions made for outdoor drinking and hours of operation under the City’s Proclamation of a Local Emergency.

BACKGROUND
Restrictive Liquor Deeds
In the late nineteenth century, landowner Honore Escolle conveyed 324 acres of what is now Carmel-bythe-Sea to Santiago J. Duckworth. The land was sold without any deed restrictions against the use and sale of liquor. Duckworth envisioned the area as a Catholic summer retreat and hired W.C. Little and Davenport Bromfield to survey and map “Carmel City.” Beginning in 1888, Duckworth began to sell individual lots. Escolle and Duckworth together sold more than 500 lots free of restrictive liquor clauses, 90 of which were located in the business district. However, 134 other lots sold by Escolle and Duckworth did have a liquor restriction clause in their deeds. The grantors had come to recognize “the selling quality of ‘dry territory’” and began to include restrictive clauses in their later conveyances to attract temperanceminded buyers.

In 1902, the Carmel Development Company was incorporated by partners Frank H. Powers and J. F.

Devendorf. Powers and Devendorf amassed unsold properties from Escolle and Duckworth, filed a map of Carmel-by-the-Sea with the County Recorder, and began selling lots to the public.2 Whereas Escolle and Duckworth were financially motivated to restrict the use and sale of liquor to attract buyers, the founders of the Carmel Development Company felt a moral responsibility to keep liquor and its associated ills out of the community. The Carmel Development Company incorporated restrictive liquor clauses as part of its standard deed language. If a grantee was found in breach of the clause, the Carmel Development Company reserved the right to access and repossess the property.

The standard deed language read: “[Grantees] will not sell, exchange or give away intoxicating liquor of any kind thereon and will not use or employ, nor directly or indirectly suffer, allow or permit any other person or persons whatever to use or employ said land or premises hereby sold, or any improvements which are now or maybe hereafter placed thereon, or any part thereof, for the purpose of selling, exchanging, bartering, delivering or giving away any spirituous of malt intoxicating liquors, wine or cider, and in case of breach of this covenant [the whole of the estate] shall immediately revert to and become the property of [the grantor, which] expressly reserves to itself, its successors and assigns, the right to enter upon said land and premises, and to take absolute possession thereof of any and all improvements thereon for and upon the breach of the aforesaid conditions.”3

While many residents were temperance minded, other Carmelites did imbibe. Specifically, the artists and writers of the c.1906 to 1915 era who held abalone feasts with red wine on the beach.4

2 Powers and Devendorf acquired all unsold lots from Escolle and Duckworth in 1900 before incorporating in 1902. 3 Restrictive liquor clause included as standard language in Carmel Development Company deeds. 4 “A Little Slip Here and There, and Carmel, a Dry Town, Became Wet; Mrs. Dummage Remembers When.” Monterey Peninsula Herald (March 30, 1951). These feasts are known to have occurred at Point Lobos and Carmel Beach.

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Prohibition and the post-Prohibition Era
The liquor restrictions were ubiquitous, but Carmel was not bone-dry.5 The most notable exemption was the 1923 Palace Drug Company deed, which allowed for lawful possession of intoxicating liquors for the purpose of sale.6 The Palace Drug Company, located on the north block face of Ocean Avenue between San Carlos and Dolores (now, Carmel Drug Store), sold liquor for medicinal use. At the time of the deed conveyance, Carmel was subject to national prohibition disallowing non-medicinal liquor consumption.

The 18th Amendment, passed by Congress in 1917 and ratified in 1919, prohibited the manufacture, sale, or transportation of intoxicating liquors. 7 While Carmel appears to have largely complied, there are accounts of Canadian liquor smuggled from British Columbia to the Central Coast during prohibition. The book, Rumrunners: Liquor Smugglers on America’s Coasts, 1920-1933, describes a smuggler syndicate that “landed shipments of liquor at isolated spots near Pebble Beach, Pacific Grove, and Carmel-by-the-Sea.”8 Nationwide prohibition was in effect from 1920 to 1933. In December 1933, federal prohibition was repealed with the ratification of the 21st Amendment. However, because the 21st Amendment allowed prohibition to be maintained at state and local levels, Carmel was faced with how to handle liquor on a local level.9 To complicate the matter of local vs. state control over liquor regulation, in California, powers of taxation and regulation of the manufacture, distribution, and sale of alcoholic beverages were given to the California State Board of Equalization in 1933. Alcohol could now be transported and held in possession in Carmel (with the Council powerless to say otherwise), but the city could continue to prohibit sales of alcohol if it wished. Many Carmelites - particularly members of the business community - wanted alcohol legally sold in town. An opinion ad run in the Pine Cone questioned how Carmel “could deprive its business people of the revenue which beer will give them, and to force that revenue ‘over the hill’” to Monterey, where Carmel shoppers go for beer and are likely “apt to heed the ‘specials’ and sales talks of 5 Deeds were conveyed by the Carmel Development Company to the school district, the water company, and Del Monte Properties company containing no liquor restrictions; several residential and business lots also were free of restrictions. Some exceptions were made for people who wanted to imbibe in the privacy of their own homes.

Additionally, in 1913 and again in 1917, the Pine Inn was conveyed by a deed which contained the standard liquor restriction but also contained a special provision permitting liquor to be served with meals with a table license.

However, it appears as though the Pine Inn did not serve liquor despite the provision and the Pine Inn was thereafter re-acquired by the plaintiff who then sold it again with the restriction in place. “Letter to Mr. Prince, Carmel Development Company Secretary, from Morrison, Hohfeld, Foerster, Shuman & Clark” (April 1, 1936), on file at the Henry Meade Williams Local History Department; Superior Court of the State of California, County of Monterey, Case No. 15,304, Carmel Development Company vs. Espindola’s, Inc., “Opinion and Decision” of Judge H.G. Jorgensen (September 1936).
6 Deed from Carmel Development Company to Palace Drug Company (April 11, 1923). The Carmel Development Company later claimed this applied to medicinal liquor use only. Because the deed was drafted during Prohibition, they thought it unnecessary to specify otherwise.
7 The 18th Amendment did not prohibit the consumption, private possession, or production of alcohol for one’s own consumption. The Volstead Act was enacted in 1919 to enforce the 18th Amendment. In March 1933, the Cullen-Harrison Act amended the Volstead Act, permitting the manufacturing and sale of low-alcohol beer and wine (up to 3.2%).
8 Anne Funderburg, Rumrunners: Liquor Smugglers on America’s Coasts, 1920-1933. McFarland & Company, Inc.

Publishers (2016), p.166. No additional information is provided specific to Carmel-by-the-Sea. 9 Carmel Pine Cone (February 20, 2015); “Sweet A-d-e-l-i-n-e! Beer May Be Sold Here After All,” Carmel Pine Cone (March 24, 1933), 12.

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the merchant, and buy other things at the same time.”10 If losing potential revenue to Monterey wasn’t reason enough, “doctors say beer is a wholesome body building beverage”!11 But not everyone wanted alcohol - even 3.2% beer and light wine - sold within Carmel’s boundaries. An anonymous editorial in the Pine Cone urged caution on the matter, noting, “We have been some thirty years without a sales place for liquors of any kind, doing very fairly…Perhaps the sale of 3.2 per cent beer in original packages at grocery stores and elsewhere, and served by hotels and restaurants with meals, would not create any problem of the kind. Again, perhaps it might. It’s a chancy decision.”12 Unsurprisingly, this issue swiftly became a hot-button political issue. How could Carmel determine the risk of legalizing 3.2% beer? Then-mayor John Catlin supported an experiment to test beer’s intoxicating strength. “Under terms of the experiment, Mayor Catlin would appoint six prominent residents of the village, possibly artists and writers (well known for their capacity) to try out the beer. Each would be given six bottles to partake within the limited space of an hour. If at the end of the hour, the participants of the experiment can tell their correct names, walk a straight line and refrain from singing in a high tenor voice Sweet A-d-e-l-i-n-e, Mayor Catlin is willing to be convinced that 3.2 per cent beer is non-intoxicant.”13 Research has not determined whether the experiment was ever carried out.

A vote was scheduled for May 1933 to determine whether 3.2% beer should be allowed for sale in Carmel.14 In April, a month prior to the vote, the Pine Cone reported “every wet and every dry voter in Carmel is already being solicited to cast votes for or against the sale of beer…house to house canvassing is reported.” 15 The Pine Cone article, “Beer Foams to Splash Legally as Carmel Goes Dripping Wet,” reported a win for the “wets”, with “449 votes for the sale of beer while the drys only had 259 ballots on their side.” Carmel, “known in temperance circles as a dry community” would now allow beer and light wine sold openly in local stores and restaurants, under state regulations.16 The article was sure to specify that “the clause in all Carmel property which prohibits the sale of liquor will have no effect on beer and light wines, both beverages having been declared by Congress as non-intoxicant. Under present federal regulation, the stronger liquors will be sold from drugstores under the prescriptions given out by 10 “Vote for Beer,” Carmel Pine Cone (May 12, 1933), 2. 11 Ibid.
12 “3.2 percent,” Carmel Pine Cone (March 31, 1933), 9. 13 “Can Carmel’s Elite Hold Their Liquor? Tests May Expose Them,” Carmel Pine Cone (April 14, 1933), 1. 14 “Beer Question to be Decided by Special Election May 15,” Carmel Pine Cone (April 14, 1933), 4; “Carmel to Vote on Single Beer Proposition May 15th,” Carmel Pine Cone (April 28, 1933), 12; “Beer Foams to Splash Legally as Carmel Goes Dripping Wet.” Carmel Pine Cone (May 19, 1933), 1-2. 15 “Beer Issue to Warm Political Hearts as Election Date Nears” Carmel Pine Cone (April 21, 1933), 1. 16 “State Will Control Licenses,” Carmel Pine Cone (April 28, 1933), 9. California state law in 1933 specified that licenses must be granted for alcohol sales in original, unbroken packages, for use off premises, at ten dollars a year; and to restaurants, coffee houses, hotels and cafes, to be drunk with meals served, at fifty dollars a year. Any bona fide applicant, unless he may have at some time been convicted of a felony, can get a license.

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physicians without violating the clause of the property deeds.”17 Restaurateurs reported the first day of legal beer - May 24, 1933 - resulted in “a large sale of the beverage.”18 With the beer and light wine issue settled, attention turned to liquor and the restraining clauses in the Carmel Development Company deeds which encompassed most, but not all properties in Carmel.19 The Palace Drug Store deed recorded in 1923, during Prohibition, did permit the sale of liquor, “it being understood in connection herewith that such possession, sale, exchange or otherwise disposing of intoxicating liquors shall be in strict accordance with the laws of United States of America, the State of California and the County of Monterey, as the same may now or hereafter exist.”20 Because liquor became legal on a federal level post-Prohibition, this language led to the undoing of Carmel as a dry city. As the deed specified strict accordance with the laws of the United States, the Carmel Development Company could no longer legally restrict the Palace Drug Store’s liquor sales to medicinal use only.

Other local businesses took note and wanted to join the lucrative liquor market as well. Espindola’s, a grocery store on Ocean Avenue (Block 71, Lot 2), took the issue to the California Superior Court in 1934-

36. Proceedings of the case revealed dozens of early deeds conveyed without restrictions by grantors Honore Escolle, S. J. Duckworth; Frank H. Powers and/or Jane G. Powers; and the Carmel Development Company. Judge H.G. Jorgensen found that the number of exceptions and properties without any restrictive liquor clauses - even if they never actually sold liquor - collectively invalidated the Carmel Development Company’s general plan of Carmel as a dry city. The defendants argued the plaintiff knew about infringements and took no enforcement actions, in effect condoning the activity. As plaintiff, the Carmel Development Company argued the liquor restrictions were for ”the moral uplift and social betterment of the community,” and any exceptions - specifically, the Palace Drug Company - were made inadvertently. Judge Jorgensen ruled in favor of the defendant, and wrote in his Opinion and Findings, “In consideration of all the facts it does seem that various deviations of the plaintiff require too much explaining...While the plaintiff undoubtedly had in mind that the National Prohibition Law and the 18th Amendment would take care of the situation, and the restrictions were unnecessary, and while it is true that it did not intend to permit the unlimited sale of liquor, nevertheless it certainly did intend to relinquish its own power to prevent the sale” and the general plan vision of Carmel as a bone dry town “must be considered to have been abandoned in the legal sense.”21 17 Ibid, 2.
18 “Beer Flows in Carmel for the First Time in its History,” Carmel Pine Cone (May 26, 1933), 1-2. Licenses to sell bottled beer were given to El Fumidor, Leidig’s, Ewig’s, Minges’, Dolores Grocery and Espindola’s. Licenses to sell beer with meals were given to The Chop House, Carmeleta, Curtis’ Candy store, Romy Lane and Whitney’s. 19 Though legally free to do so, unrestricted properties such as the school district and water company properties had never sold liquor and the Carmel Development Company never intended they would. There are assertions that the Pine Inn illegally sold wine despite its amended restrictive deed and the Carmel Development Company did not nothing about it. “A Little Slip Here and There, and Carmel, a Dry Town, Became Wet; Mrs. Dummage Remembers When.” Monterey Peninsula Herald (March 30, 1951).
20 Palace Drug Company Deed (April 11, 1923), on file at the Henry Meade Williams Local History Department. 21 Jorgensen, “Opinion and Decision.”
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Bars opened at once and grocery stores added liquor departments. 22 In 1955, the California State Constitution was amended to reassign regulation duties from the State Board of Equalization (first instituted in 1933) to the new Department of Alcoholic Beverage Control (ABC). Liquor licenses were issued by the ABC but Carmel’s land use and zoning laws restricted the location of licenses. City Ordinance 122 NS provided that liquor be sold only in the downtown area between 6th and 7th streets and Mission and Monte Verde, unless liquor sales were in conjunction with another business and subordinate to it (such as a grocery, restaurant, or drug store).23
Liquor license applications for the Hearthstone Bar and Restaurant and the Pink Elephant (a national liquor store chain) were hotly contested in 1956 and 1957. The proposed locations of these establishments would be within a block of one another, bordering Carmel’s residential area. When the Hearthstone Bar and Restaurant was permitted to transfer their on-sale (on-premises) liquor license from their original Ocean Avenue location to a new proposed location across from Devendorf Park, outraged community members appealed.24 Similarly, when the ABC granted the Pink Elephant an off-sale (take-away) liquor license at NW 6th and Torres (now, Surf and Sand), the community appealed. ABC held that the area in question was zoned as commercial and that to limit special control to liquor in “so-called buffer areas adjoining residential areas” was discriminatory and “the section of the ordinance in question steps beyond the field of zoning into the field of regulation,” in conflict with the ABC’s realm of power.25 In 1957, there were 23 licensed liquor outlets, all in the downtown business district.26 Residents felt the character of Carmel was under assault. “Crisis in Carmel” headlined the Monterey Peninsula Herald in March 1957; the author warned if the Pink Elephant and Hearthstone licenses were not overturned, then “the traditions of half a century will have been shattered and Carmel will be on the road to honky-tonk.”27 A town hall discussion titled “The status of beverage alcohol and its impact on civilization” was held February 1957 and lasted three hours.28 The ABC ultimately ruled Ordinance 122 NS invalid and upheld their decision.29
22 “A Little Slip Here and There, and Carmel, a Dry Town, Became Wet; Mrs. Dummage Remembers When.” Monterey Peninsula Herald (March 30, 1951).
23 “Carmel Liquor License Move is Approved,” Monterey Peninsula Herald (October 4, 1956). 24 The new location to a residential zone was permitted because the Hearthstone was primarily a restaurant, with liquor sales subordinate.
25 “Carmel Mayor Promises ‘Fight to End’ In the Case of Pink Elephant,” Monterey Peninsula Herald (February 16, 1956).
26 Carmel Protective Association, “Crisis in Carmel.” Monterey Peninsula Herald (March 8, 1957). The article does not specify the breakdown of uses (restaurants, bars, and/or liquor stores). 27 Carmel Protective Association, “Crisis in Carmel.” Monterey Peninsula Herald (March 8, 1957). 28 “Panel Presents Varied Views on Liquor Topic: Townhall Discussion in Carmel.” Monterey Peninsula Herald (February 13, 1957), 13.
29 “New Fight on Liquor in Carmel,” Monterey Peninsula Herald (January 18, 1957); “Carmel Liquor Hearing Monday at City Hall,” Monterey Peninsula Herald (February 7, 1957); “Liquor License Move Protested in Carmel,” Monterey Peninsula Herald (February 11, 1957); “Mayor Clarifies City Action on Liquor,” Monterey Peninsula Herald (February 15, 1957); “Opposition to Carmel Liquor License Mounts,” Monterey Peninsula Herald (March 15, 1957),

2. Attachment 4

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Wine Tasting Shops
Wine Tasting Shop. Establishments primarily engaged in the retail sale of wine for off-site consumption and as an ancillary use includes the service of wine for on-site consumption (CMC 17.68.050).

The sentiment of Carmel in crisis persisted throughout the twentieth century but dissipated in part due to the rise of wine tasting rooms in the early 2000s and the associated tourism boost. Tourism has always been foundational to Carmel’s identity, and it is unsurprising that merchants responded to the tastes of Carmel’s visitor population. On December 3, 2003, the Planning Commission granted the earliest recorded use permit for a wine tasting shop. UP 03-39 (Galante) allowed for the establishment of a liquor store (SIC 592) as a primary use with wine tasting (categorized as a drinking place, SIC 5813) as an ancillary use. The permit specified the following:

1. The use will sell locally produced wine products and related goods and provide a wine tasting area. No distilled spirits are authorized;

2. The business’s public hours shall be limited to 9:00 a.m. to 8:00 p.m. seven days a week;

3. No products or merchandise not associated with the liquor store/wine shop or wine tasting shall be permitted;

4. No more than 20% of the commercial floor area shall be allowed for wine tasting;

5. The wine tasting area shall not be operated as a bar. Approval of this permit does not authorize the selling of mixed alcoholic drinks or the serving of full-sized servings for consumption on site. All wine tasting and consumption shall be confined to the building interior; and

6. The proposed use shall maintain a reasonable noise. During the hearing, Planning Commissioner Cunningham inquired about the tasting aspect of the establishment, to which Mr. Jack Galante responded that very small samples would be provided to patrons who were purchasing wine and that it was not a drinking establishment.30
The following year, in February 2004, the Planning Commission approved Southern Latitude Wines on Lincoln Street as the town’s second wine tasting shop (no longer in business). The Carmel Pine Cone reported, “After receiving assurance that wine-sipping patrons would not be allowed to loiter in the courtyard with their glasses or stand around blocking the doorway to the shop, the commission unanimously approved the use permit.”31
Subsequent years saw local restaurateurs embrace and encourage wine tasting.32 It appears as though there were both dedicated wine tasting shops and other businesses (restaurants) that offered wine tasting privileges. Applications for dedicated wine tasting shops were evaluated based on whether or not they were consistent with past Planning Commission approvals. A staff report authored in 2010 for the Wrath Wines use permit states: “In previous decisions the Commission has typically included the following 30 UP 03-39 (Galante) was approved under a previous city code. CMC 17.06.036 allowed for drinking places and liquor stores as a conditional use and required adoption of general findings, and CMC 17.10.010 allowed for a secondary use to exceed 10% of the total floor area with approval of a use permit by the Planning Commission if specific findings could be made.
31 Carmel Pine Cone (February 12, 2004), 6A.
32 Carmel Pine Cone (December 8, 2006), 18A.

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restrictions to ensure that the business does not function as a drinking establishment: serving sizes shall be no greater than 2 ounces; the sale of alcohol is limited to wine; limited hours of operation (close by 10:00 p.m.); and limiting the area devoted to wine tasting.”33 On November 10, 2010, the Planning Commission appointed a subcommittee to evaluate the City’s requirements on processing requests to offer wine tasting and whether new requirements should be considered. The subcommittee found that the Commission had approved ten wine tasting use permits since 2003, and staff continued to receive frequent inquiries regarding potential new establishments.

Carmel’s first official Wine Tasting Policy was adopted at the June 23, 2011 Planning Commission hearing with the stated purpose “to establish guidelines for the review and approval of wine tasting facilities in the Central Commercial and Service Commercials Districts in the downtown.” 34 Even with the Wine Tasting Policy in effect, wine tasting shops proliferated. They functioned as wine tasting rooms rather than retail shops that offered ancillary wine tastings, as intended. Another issue with the 2011 Wine Tasting Policy was its failure to define a Monterey County wine. The 2011 Wine Tasting Policy stated a strong preference for tasting rooms featuring local wines; however, how to define a ‘Monterey County’ wine proved problematic. Did wine need to be made from grapes grown and produced locally? In 2014, Mr.

Jack Galante of Galante Family Winery spoke to the City Council on behalf of some dozen tasting rooms.

Galante expressed that the existing policies were confusing and that a moratorium should be enacted, saying, “It is time that the city set specific policies…having grapes grown in Monterey County is essential.”35 On April 1, 2014, Ordinance 2014-03 established a moratorium on the processing of use permits for new wine tasting establishments. Ordinance 2014-05, passed May 6, 2014, extended the moratorium for an additional ten months and 15 days.

Former Planning Director Mullane and staff spent the summer and fall 2014 coordinating Wine Tasting Subcommittee meetings and soliciting input from stakeholders, including Carmel Wine Walk-by-the-Sea, Carmel Residents Association, Monterey County Wine Growers Association, and the Carmel Chamber of Commerce. Wine Tasting Subcommittee Workshops held January 13 and 15 proposed changes to the existing policy, and Planning Staff drafted additional changes on January 27, 2015.

The updated Wine Tasting Policy was adopted by City Council March 3, 2015.36 Much of the previous (2011) policy was retained. Changes in the definition of “wine tasting room” included the following:
● Define wine tasting rooms as a “stand-alone establishment”; ● Reiterate that the purpose is for tasting not drinking; and ● Recognize that tasting rooms host occasional promotions and special events.

The primary changes in the review standards for Tasting Rooms included the following:
● Should have a Duplicate Type 02 ABC license;
● No more than three permits for new tasting rooms will be issued within any 12-month period; 33 Carmel Planning Department, Staff Report for Wrath Wines (2010). 34 Wine Tasting Policy (June 23, 2011). The Wine Tasting Policy does not appear to have been reviewed or adopted by the City Council.
35 The Carmel Pine Cone (April 4, 2014), 1A.
36 “Council agrees to more restrictions on tasting rooms.” Carmel Pine Cone (March 6, 2015), 6A.

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● Should be no larger than 1,000 square feet;
● Can serve light snacks but no full meals;
● Should be open no later than 9:00 pm; and
● Should not be combined with other uses such as food markets, art galleries, or clothing stores.

The Council debated over the language of “should” vs. “shall” and decided on “should.”37 Making the new policy mandatory via the use of “shall” was thought to invite discrimination lawsuits so the Council decided on strongly worded policy guidelines instead. The new policy limited new operations to standalone rooms operated by wineries located in Monterey County and which only serve wines made from at least 75% Monterey County grapes. The Planning Commission reviewed the newly adopted policy just a few months later, on May 11, 2015, to determine if any revisions were needed; they found none. An Addendum to the Wine Tasting Policy was authored August 10, 2016. The addendum distinguished routine vs. special events, defined both and outlined associated rules.

Note that while the Wine Tasting Policy almost exclusively uses the term, wine tasting “room,” the municipal code uses wine tasting “shop.” Per CMC 17,14,040.J.5, wine tasting shops must adhere to the city’s wine tasting policy, must maintain a 200-foot distance from another use selling distilled spirits intended for either on-site or off-site consumption; maintain a 100-foot minimum distance from an R-1 district; and are permitted in the CC and SC districts with the issuance of a conditional use permit. 37 “Council agrees to more restrictions on tasting rooms.” Carmel Pine Cone (March 6, 2015), 6A.

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Approved Wine Tasting Shops in Operation in Carmel-by-the Sea No. Name Use
Permit
No.

Hours ABC
License
Year
Approved
Primary/
Secondary

1. Galante Vineyards 03-39 9 AM-8 PM Type 02 2003 SIC 592 (Liquor)/SIC 5813 (Drinking Places)

2. Windy Oaks Estate 04-03 9 AM-8 PM Type 02 2004 SIC 592 (Liquor)/SIC 5813 (Drinking Places)

3. Vino Napoli 09-01 10 AM-10 PM Type 02 2009 445310 (Liquor Store)/ 722410 (Drinking Place)

4. Wrath Wines 10-22 10 AM-10 PM Type 02 2010 445310 (Liquor Store)/ 722410 (Drinking Place)

5. Caraccioli Cellars 10-13 10 AM-10 PM Type 02 2010 445310 (Liquor Store)/ 722410 (Drinking Place); 448140
(Clothing Store); 448140 (Book
Store)

6. Lepe Cellars 11-01 8 AM- 10 PM Type 02 2011 453920 (Art Gallery)/ 722410 (Drinking Place)

7. Scheid Vineyards 11-11 8 AM-10 PM Type 02 2011 Retail Sales 85% / Wine Tasting 15%

8. Shale Canyon
Wines
12-11 8 AM-10 PM Type 02 2012 Retail Sales 70% / Wine
Tasting 30%

9. De Tierra
Vineyards
12-17 10 AM-8 PM Type 02 2012 Retail Sales 70% / Wine
Tasting 30%

10. Albatross
Winery/Kori
Wines
13-
09/BL
18-336
10 AM-9 PM Type 02 2009 Retail Sales 63% / Wine
Tasting 37%

11. Dawn’s Dream
Winery
13-15 12 PM-7 PM Type 02 2013 Retail Sales 75% / Wine
Tasting 25%

12. Silvestri Vineyards 13-04 10 AM-10 PM Type 02 2013 Retail Sales 70% / Wine Tasting 30%

13. Su Vecino Court 14-09 12 PM-8 PM Type 02 2014 Retail Sales 75% / Wine Tasting 25%

14. Hahn Family
Wines
15-188 11 AM-9 PM Type 02 2015 Retail Sales 71% / Wine
Tasting 29%

15. Blair Estate 17-140 9 AM-8 PM Type 02 2017 Retail Sales 71% / Wine Tasting 29%

16. Albatross Ridge 17-264 9 AM-9 PM Type 02 2017 Retail Sales / Wine Tasting

17. Manzoni Cellars 17-442 9 AM-9 PM Type 02 2018 Retail Sales / 72.5% / Wine Tasting 27.5%

18. Talbott Vineyards 18-150 11 AM-8 PM Type 02 2018 Not specified

19. Carmel Ridge
Cellars
20-158 11 AM-8 PM IP 2020 445310 (Liquor Store)/ 722410 (Drinking Place)
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Wine Tasting Mixed with Other Uses
Surf N’ Sand 07-10 Not specified Type 21
& Type
42 2008 Full line market/wine and beer
Cheese Shop 06-10 10 AM- 7 PM Type 21
& Type
42 2006 445299 (Specialty Food
Stores); 445310 (Beer, Wine,
Liquor Store) / 442299
(Kitchenware); 4512 (Book
Sales); 453991 (Tobacco
Stores)
Nielsen’s Market Not
specified
Not
specified
Not
specified
Not
specified
Not
specified
Drinking Places
Drinking Places. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks (CMC 17.68.050) Drinking Places are required to maintain a minimum 200-foot distance from another use selling distilled spirits intended for either on-site or off-site consumption, and are allowed only in blocks numbered 70 through 77, inclusive. The number of permitted drinking places is capped at three total (CMC 17.14.040).38 Policy P1-22 of the General Plan requires the City to limit or reduce the number of drinking places; the numerical limit in the CMC implements this policy.39
The three permitted drinking places are presently Sade’s (Lincoln Street between Ocean and 7th), A.W.

Shucks (Ocean between San Carlos and Dolores), and Barmel (San Carlos between Ocean and 7th). The Planning Commission accepted the staff identification of these three drinking places at their September 23, 2015 meeting with a vote of 4-0 with one abstaining vote.

Sade’s was established in 1926 at Ocean and Dolores, later moving west on Ocean between Monte Verde and Lincoln (to the present location of Portabella). In 1994, Sade’s moved to its current location on the east block face of Lincoln Street between Ocean and 7th. 40 Sade’s use permit (UP 93-47) specifies hours of
operation of 11:00 am to 2:00 am. Sade’s is the only establishment in the City without a food service.

A.W. Shucks was established in 1993 on Ocean between Dolores and San Carlos, taking the place of Maxwell McFly’s, a bar that had been in use for many years. A.W. Shucks was permitted to add an ancillary food service through the approval of UP 93-45, which also specified “the applicant has agreed to reduce 38 The three drinking place limit is also specified in CMC 17.56.010 and 17.56.020, Restricted Commercial Uses. 39 Carmel-by-the-Sea General Plan, Land Use Element (adopted June 3, 2003) p.1-33. 40 Note that the 200-foot minimum distance requirement was in place at the time of Sade’s most recent location transfer; UP 93-47 measured the distance based on “shortest pedestrian route” rather than a radius measurement from lot lines.

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the hours of operation to 11:00am to 11:00pm, five days a week, and to retain the 2:00am closing hour only on weekends.”41 The majority of the floor space of the business is occupied by the bar.

Carmel’s third permitted drinking place is Barmel (UP 15-286), on San Carlos Street 2 NE of 7th Avenue.

Barmel took the place of a previous restaurant/bar called Ody’s Tavern.42 Barmel historically operated solely as a drinking place but expanded food service in 1997 with approval of UP 97-22. The Planning Commission confirmed Barmel was still appropriately categorized as a drinking place at their September 23, 2015 meeting; the Commission voted to extend the closing hour to 2:00 am.

Carmel has historically had restaurants with both small and large bar components. Restaurants are allowed to have a bar or bar room as an ancillary use, with a requirement that only 20% of the seating be used at the bar (CMC 17.14.040.I). Jack London’s Bar & Grill (no longer in operation) had a larger bar component than most restaurants and was permitted to stay open until 2:00 am, but the primary use was still as a restaurant. Brophy’s Tavern, NW of 4th and San Carlos (BL 15-434) has a bar-like appearance but operates under a restaurant designation. Brophy’s Tavern is a non-conforming use located in the Residential and Limited Commercial Zoning District where neither restaurants nor drinking places are permitted. Brophy’s allowed hours of operation are 8:00 am to 11:00 pm. Staff reconsidered the use designation in 2015 and recommended that Brophy’s restaurant designation be maintained because it is a non-conforming use close to residential areas.

Liquor Stores
Liquor. Establishments primarily engaged in selling packaged alcoholic beverages such as ale, beer, wine and liquor (CMC 17.68.050)
Surf and Sand Liquors (UP 14-08; UP 07-10) is a longtime family-owned local business; Ryan Sanchez, grandson of the original owner, presently runs the store. In 2008, a staff report described Surf and Sand as a retail store where “wine and other alcoholic beverages make up approximately 50% of the use.” A wine tasting bar within the store was approved in 2008 (UP 07-10). The store is located within 100 feet of the R-1 Zoning District. When Surf and Sand applied in 2013 to construct an expanded wine tasting area within their shop, the City acknowledged “this issue of proximity to the R-1 District was not identified by the City when the current use permit (UP 07-10) was approved in 2008” but the allowance “does not entitle a further expansion of the non-conformity.”43 The wine tasting room expansion was denied.

Carmel Liquors (BL 20-147) was established in 2020 on San Carlos between Ocean and 7th; it took the place of Lopez Liquors, established in 2011.

41 Presently, A.W. Shucks typically closes at 8:30pm and stays open until 9:00pm on Fridays and Saturdays. 42 In 1984 the Red Lion restaurant/bar was issued Use Permit B.A. 84-52, which permitted hours of operation from 11:00 a.m. to 2:00 a.m. In 1997 the City issued Use Permit UP 97-22 for the Village Pub restaurant, which permitted hours of operation from 8:00 a.m. to 12:00 a.m. Barmel took over UP 97-22. 43 Marc Wiener, Senior Planner, “Application Completeness Review” (March 7, 2013).

Attachment 4

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Covid-19
During the Covid 19 pandemic, the city issued a Proclamation of Local Emergency. 44 As a safety precaution, indoor dining and drinking ceased, but restaurants, wine tasting rooms, and bars were allowed to serve outdoors in temporary “parklets.” The parklet spaces were allowed to stay open until 10:00pm.

Prior to the pandemic, wine tasting shops closed at 6:00pm. While the 10:00pm policy resulted in extended hours for wine tasting rooms, it limited the hours for bars, which could be open until 2:00am previously.

Closing times for restaurants, bars, and tasting room parklets were discussed at the March 2, 2021 City Council meeting. It was determined that restaurants should close at 10:00pm (last seating at 10:00pm), tasting rooms should close at 7:00pm, and bar parklets could stay open past 10:00pm if they wished.

Parker Logan, owner of Sade’s Cocktails, requested to seat guests through 12:30 and close at 1:00 am; the Outdoor Seating Ad Hoc Committee (comprising Mayor Dave Potter and Councilmember Bobby Richards) found this to be a reasonable request and it was ultimately approved by City Council.45 Current Municipal Code
CMC 17.14.030 prescribes the land use regulations for the commercial districts. Schedule II-B, listed in CMC 17.14.030 identifies the land use regulations for Eating and Drinking Establishments: Drinking Places (ex. bars), Full-Line Restaurants, and Specialty Restaurants (ex. Coffee Shops). Pursuant to Table II-B, Drinking Places and Full-Line Restaurants are Conditionally Permitted in the Central Commercial (CC) and Service Commercial (SC) Land Use Districts. Specialty Restaurants are Conditionally Permitted in the CC Zoning District only. The following, evaluates the land use regulations pertaining to Eating and Drinking Establishments individually and as a combination of uses.

Drinking Places, Liquor Stores, and Wine Tasting Shops are defined in CMC 17.68.050:

Drinking Places. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks.

Liquor. Establishments primarily engaged in selling packaged alcoholic beverages such as ale, beer, wine and liquor.

Wine Tasting Shop. Establishments primarily engaged in the retail sale of wine for off-site consumption and as an ancillary use includes the service of wine for on-site consumption.

CMC 17.14.040.I.2, Drinking Places
44 Chip Rerig, “Proclamation of Existence of a Local Emergency by the City Administrator” (March 12, 2020). 45 Chappellet-Lanier, Tajha, “A Bar by Any Other Name,” Monterey County NOW (March 1, 2021); Carmel-by-theSea City Council Meeting Minutes (March 2, 2021), p.5.

Attachment 4

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a) Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.
b) Allowable locations: blocks numbered 70 through 77 inclusive, as shown on the map of Carmelby-the-Sea. c) Maximum number: three. See also Chapter 17.56 CMC, Restricted Commercial Uses. d) See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

CMC 17.14.040.I.3, Restaurant, Full Line
a) Any sale of alcoholic beverages shall be subordinate to this primary use. b) Drive-in, formula and fast food establishments are prohibited. c) Substantially all foods from the standard menu shall be available for purchase during the hours that alcoholic beverages are being served.
d) The applications, menus and plans indicate that the business will primarily be a restaurant – full line, and that no more than 20 percent of the total number of seats are at a bar or in a separate bar room.

If the use does not meet this standard, the standards in subsection (I)(2) of this section, Drinking Places, shall also apply to the use.
e) Customers shall be provided with individual menus while seated at a table or counter. f) The maximum seating capacity shall not exceed the standards in the State Uniform Building and Fire Codes, the number of seats approved by the Planning Commission through public review, or the number of seats in the previous business, whichever is less. The seating capacity shall be posted on the premises.
g) Outside seating may be allowed subject to Chapter 17.58 CMC, Design Review. h) Food sold for consumption off the premises shall be incidental to the primary use. Such food shall be placed in covered containers or wrappings, and all house-brand labeled food store goods such as vinegars, oils and salad dressings shall be prepackaged and sealed. i) Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses. j) See also subsection (I)(1) of this section, All Eating and Drinking Establishments. k) Outdoor cooking devices are permitted on private property if designed and located to mitigate impacts to adjacent properties.

Attachment 4

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CMC 17.14.040.I.4, Restaurant, Specialty
a) Minimum size: 400 square feet.
b) Minimum number of customer seats on site: 14 seats. The customer seating area must be open to patron use during all hours of operation and the use must be managed to encourage on-premises consumption of food products.
c) Sales of soup, salads and sandwiches may be allowed in an amount up to 10 percent of sales. d) The sale of alcohol is prohibited.
e) Drive-in, fast food, take-out or formula establishments are prohibited. f) The service counter must be located within the interior of the business premises and arranged so that customers must first pass by or through the seating area to reach the counter and patron queues will be contained within the building.
g) Outside seating may be allowed, subject to Chapter 17.58 CMC, Design Review. h) All products sold for consumption off the premises, other than frozen desserts, must be placed in covered containers or wrappings.
i) Cooking equipment is limited to indoor stoves and ovens. j) Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue allowed: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses. k) The operator of the use shall be responsible for the clean-up of all on-site and off-site litter generated by the use including twice-daily clean-up of all sidewalks and gutters within 50 feet of the storefront and twice-yearly steam cleaning of this area. A practical plan for monitoring and implementing this standard shall be submitted for review with the application for use permit, and will be adopted as a condition of approval of the use.
l) See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

Combining Uses: A Drinking Place is defined as a business serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks.

To hold one of the three licenses for a drinking place, a business must serve beverages as a primary use and any additional use, including the service of food, is ancillary. Establishing an ancillary food service Attachment 4

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(other than light snacks; i.e. nuts, pretzels, peanuts, etc.) with a Drinking Place may be permitted only through approval of a Conditional Use Permit issued by the Planning Commission as:

1. Serving food (restaurant, full-line or specialty) is not expressly permitted as an ancillary use for the Drinking Place use (CMC 17.14.040.B.2).

2. Serving food (restaurant, full-line or specialty) requires a use permit.

Establishing an ancillary food service would only be allowed with a full-line restaurant as alcohol is not permitted to be sold under a specialty restaurant classification.

To contrast, a full-line restaurant may provide ancillary alcohol sales when no more than 20% of the restaurant seats are located at a bar or separate bar room. Pursuant CMC 17.14.040.I.3.d (Full Line Restaurants), The applications, menus and plans indicate that the business will primarily be a restaurant – full line, and that no more than 20 percent of the total number of seats are at a bar or in a separate bar room. If the use does not meet this standard, the standards in subsection (I)(2) of this section, Drinking Places, shall also apply to the use.

1. If a full-line restaurant provides less than 20% of its seats at a bar or in a bar room, the business is classified as a full-line restaurant with permitted ancillary alcohol sales.

2. If a full-line restaurant provides more than 20% of its seats at a bar or in a bar room, the code classifies the use as a drinking place as the primary use and the restaurant as ancillary. As a use permit is required for either use, the Planning Commission may authorize the ancillary use (the restaurant) to exceed 10% of the primary use.

FUTURE CONSIDERATIONS
Carmel-by-the-Sea has wrestled with its policies on alcohol from its very founding. Property deeds have included alcohol restrictions since the late 1800s through to the post-Prohibition era. The mid-twentieth century saw liquor licenses challenged, while the early twenty first century brought a boom in wine tasting rooms. City law has changed with the times and today, it may be prudent to once again re-evaluate Carmel’s approach to alcohol regulation.

When the Covid-19 emergency proclamation is rescinded, there will be increased urgency to clarify the City’s policies on wine tasting shops and bars. The Covid era has served as a pilot program of sorts for expanded outdoor drinking in Carmel. While the existing Zoning Code and General Plan effectively disallow outdoor drinking areas for bars and tasting shops, there may be cause to re-evaluate this in the future, both for private and public property.

Option 1: Maintain Status Quo. The City could maintain the status quo, though residents and business owners cite a number of problematic conditions. The 200-foot minimum distance between properties with liquor licenses significantly limits available locations both for new businesses and for existing businesses looking to relocate. The 200-foot minimum distance rule has not been consistently applied Attachment 4

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with tasting room approvals, resulting in an inequitable regulatory landscape for bars compared to tasting rooms. Wine tasting shops operate in the capacity of wine bars, in direct conflict with the retail function described in their use permits. There are numerous local restaurants that include a bar as an ancillary use, yet revenue breakdowns are not submitted to the City as proof of primary vs. ancillary bar use. In some cases, restaurants and bars are barely differentiated beyond their closing times. Something else to consider is that use permits for the three legal drinking places (bars) run with the land. If a bar goes out of business, the property owner may or may not choose to continue the use. Sade’s UP 93-47 and A.W.

Shucks UP 93-45 both state “this use permit shall become void and of no further force of effect upon termination or discontinuance of the use for any period of time exceeding six months.” Option 2: Codify and Enforce Policies Already in Place. The Wine Tasting Policy could be codified and better enforced. The use permits for the wine tasting shops and drinking places could be reviewed by code compliance and enforced. This option would involve consistent application of existing laws across all uses and establishments and would be viewed by the community as a tightening of restrictions.

Option 3: Loosen Restrictions. The City may choose to remove the 200-foot minimum distance requirement between all establishments with liquor licenses. Alternatively, the distance requirement could be removed for bars and tasting rooms but retained for liquor stores. The three-bar limit could be officially discarded, maintained, or expanded. Options for outdoor drinking and dining could be expanded (for public and/or private property).

Option 4: Create new use categories. The City could create new use categories, such as specialty and fullservice drinking places. Wine tasting rooms could be re-categorized as specialty drinking places rather than primarily retail shops, and be permitted to serve in outdoor spaces (courtyards, passages, patios) within reason and subject to approval of ABC. The new use category approach would encompass potential future businesses, such as specialty beer or spirit tasting.

Whatever the approach, it is important that Carmel maintain a mix of uses per the General Plan and prioritize equitable policies for our business community.

Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 7, 2023

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Consider Adoption of Urgency Ordinance 2023-001 to Rescind Urgency Ordinances 2020-002, 2020-004, 2020-005, 2022-001, 2022-002, and 2022-006, Regarding Various Health and Safety Measures as a Result of the Covid-19 Pandemic RECOMMENDATION:

Motion to Adopt Urgency Ordinance 2023 Rescinding Urgency Ordinances 2020-002, 2020-004, 2020- 005, 2022-001, 2022-002, and 2022-006, Regarding Various Health and Safety Measures as a Result of the Covid-19 Pandemic.

BACKGROUND/SUMMARY:

On March 4, 2020, Governor Newsome declared a State of Emergency as a result of the COVID-19 pandemic.

On March 12, 2020, the City Administrator issued a Proclamation of the Existence of a Local Emergency due to COVID-19, acting in his capacity as the Director of Emergency Services.

On March 13, 2020, the Carmel City Council (Council) adopted Resolution 2020-021, ratifying the proclaiming the existence of a local emergency due to COVID-19.

As a result of the pandemic, Council has adopted various Urgency Ordinances since March of 2020 to preserve public peace, health and safety. The COVID related Urgency Ordinances that have been adopted and are currently in effect are:
- Urgency Ordinance No. 2020-002 – prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the COVID pandemic (Attachment 2, adopted June 2, 2020)
- Urgency Ordinance No. 2020-004 – affirming orders of the State Public Health Officer and the County of Monterey Public Health Officer related to COVID-19 and expressly affirming such orders as applicable and enforceable within City jurisdiction and authorization of code compliance coordinator to issue citations (Attachment 3, adopted August 4, 2020) - Urgency Ordinance No. 2020-005 – for the enforcement of provisions and conditions of encroachment permits for outdoor dining for outdoor dining and authorization of Code Compliance Coordinator to issue citations (Attachment 4, adopted August 4, 2020) - Urgency Ordinance No. 2022-001 – adopting rules of conduct at City facilities (Attachment 5, adopted February 28, 2022)
- Urgency Ordinance No. 2022-002 – adopting rules of conduct for attending meetings of legislative bodies at City facilities (Attachment 6, adopted April 4, 2022) - Urgency Ordinance No. 2022-006 – adopting (amended) rules of conduct for attending meetings of legislative bodies at City facilities (Attachment 7, adopted November 1, 2022) The Governor of California has announced that the COVID-19 State of Emergency will end on February 28, 2023.

The Council has a Resolution on tonight’s agenda to terminate the local emergency following the Governor’s declaration to end California’s state of emergency due to COVID on February 28, 2023. If Council adopts this Resolution, it is recommended that Council also adopt an Urgency Ordinance to rescind the COVID related Urgency Ordinances that are currently in effect.

SUMMARY:

Without the State Proclamation of Emergency and without facts supporting a COVID-19 emergency in the City, there are insufficient facts for the Council to make the findings necessary to continue to enforce Urgency Ordinances 2020-002, 2020-004, 2020-005, 2022-001, 2022-002, and 2022-006. It is recommended that City Council adopt Urgency Ordinance No. 2023-001 (Attachment 1), at the same time that it terminates the local emergency due to COVID-19 via Resolution. A 4/5 vote is required to adopt an urgency Ordinance.

FISCAL IMPACT:

There are no financial impacts for adopting this Urgency Ordinance.

PRIOR CITY COUNCIL ACTION:

June 2, 2020 - Council adopted Urgency Ordinance No. 2020-002 – prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the COVID pandemic.

August 4, 2020 - Council adopted Urgency Ordinance No. 2020-005 – for the enforcement of provisions and conditions of encroachment permits for outdoor dining for outdoor dining and authorization of Code Compliance Coordinator to issue citations, and, Urgency Ordinance No. 2020-004 – affirming orders of the State Public Health Officer and the County of Monterey Public Health Officer related to COVID-19 and expressly affirming such orders as applicable and enforceable within City jurisdiction and authorization of code compliance coordinator to issue citations.

February 28, 2022 - Council adopted Urgency Ordinance No. 2022-001 – adopting rules of conduct at City facilities.

April 4, 2022 - Council adopted Urgency Ordinance No. 2022-002 – adopting rules of conduct for attending meetings of legislative bodies at City facilities.

November 1, 2022 - Council adopted Urgency Ordinance No. 2022-006 – adopting (amended) rules of conduct for attending meetings of legislative bodies at City facilities.

ATTACHMENTS:

Attachment 1) DRAFT Urgency Ordinance 2023-001
Attachment 2) Urgency Ordinance 2020-002
Attachment 3) Urgency Ordinance 2020-004
Attachment 4) Urgency Ordinance 2020-005
Attachment 5) Urgency Ordinance 2022-001
Attachment 6) Urgency Ordinance 2022-002
Attachment 7) Urgency Ordinance 2022-006

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2023-001

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RESCINDING URGENCY ORDINANCES 2020-002, 2020-004, 2020-005, 2022-001, 2022-002, AND 2022-006, REGARDING VARIOUS HEALTH AND SAFETY MEASURES AS A RESULT OF THE COVID-19 PANDEMIC
WHEREAS, the California Emergency Services Act (California Government Code sections 8639, 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, 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, Chapter 2; section 2.64.020 of the City of Carmel-by-the-Sea ("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, including conditions such as an epidemic, which 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, Chapter 2, section 2.64.050 of the City of Carmel-by-the-Sea ("City'') Municipal Code designates the City Administrator as the Director of Emergency Services for the City; and
WHEREAS, Chapter 2, section 2.64.060 empowers the City Administrator, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven (7) days; and
WHEREAS, in December 2019 and January 2020, reports began spreading worldwide of a flu-like virus first found in China, that was more deadly than the flu generally, with the virus becoming known as the Coronavirus ("COVID-19''); and WHEREAS, from January 2020 to March 2020, COVID-19 spread throughout the world, with over 114,000 confirmed cases of individuals contracting COVID-19, and over 4,000 confirmed cases of individuals dying from COVID-19; 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 following one official COVID-19 death; WHEREAS, on March 6, 2020, the County Administrative Officer of Monterey County ("County CAO") proclaimed a Local Emergency due to the threat of COVID-19 in the County; and Attachment 1
Urgency Ord. 2023-001

Page 2 of 3 ends

WHEREAS, on March 11, 2020, the World Health Organization (''WHO") classified the spread of COVID-19 internationally as a global pandemic; and WHEREAS, based on said events, the City Administrator of the City of Carmel-by-the-Sea declared the existence of a local emergency within the City at 10:26 am on Thursday, March 12, 2020; and
WHEREAS, on March 13, 2020, the City Council adopted Resolution 2020-21 ratifying the declaration of emergency by the City Administrator; and WHEREAS, after the City Council’s adoption of Resolution 2020-21 various Urgency Ordinances were adopted by the City Council to address health and safety issues relating to COVID-19; and
WHEREAS, on February 28, 2023, Governor Newsom announced that the COVID-19 Declaration of State of Emergency was terminated; and
WHEREAS, the case incidence of COVID-19 cases in Monterey County has significantly subsided; and
WHEREAS, pursuant to Government Code Section 8630, the City Council, after reviewing the need for continuing the local emergency, has determined that conditions no longer exist to warrant continuing the local emergency beyond the timeframe identified by the state of California.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA PROCLAIMS, AND ORDERS AS FOLLOWS:

Section 1: Incorporation of Findings. The City Council of the City of Carmel- by- the-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-by- the-Sea Municipal Code.

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. 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 Attachment 1
Urgency Ord. 2023-001

Page 3 of 3 ends

unconstitutional without regard to whether any portion of this Urgency Ordinance would be subsequently declared invalid or unconstitutional.

Section 5. The following Urgency Ordinances are hereby repealed:
- Urgency Ordinance No. 2020-002 – prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the COVID pandemic - Urgency Ordinance No. 2020-004 – affirming orders of the State Public Health Officer and the County of Monterey Public Health Officer related to COVID-19 and expressly affirming such orders as applicable and enforceable within City jurisdiction and authorization of code compliance coordinator to issue citations. - Urgency Ordinance No. 2020-005 – for the enforcement of provisions and conditions of encroachment permits for outdoor dining for outdoor dining and authorization of Code Compliance Coordinator to issue citations - Urgency Ordinance No. 2022-001 – adopting rules of conduct at City facilities - Urgency Ordinance No. 2022-002 – adopting rules of conduct for attending meetings of legislative bodies at City facilities
- Urgency Ordinance No. 2022-006 – adopting (amended) rules of conduct for attending meetings of legislative bodies at City facilities Section 6. 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 7. 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 7th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2020-002

AN ORDINANCE TEMPORARILY PROHIBITING EVICTIONS OF TENANTS ARISING

FROM INCOME LOSS OR SUBSTANTIAL MEDICAL EXPENSES RELATED TO THE

CORONAVIRUS PANDEMIC
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, 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, 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 (Emphasis Added); and
WHEREAS, in December 2019 and January 2020, reports began spreading worldwide of a flu-like virus first found in China, that was more deadly than the flu generally, with the virus becoming known as the Coronavirus ("COVID-19"); 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
WHEREAS, on March 6, 2020, the County Administrative Officer of Monterey County ("County CAO") 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 Attachment 2
Ordinance 2020-002
Page2
WHEREAS, on March 12, 2020, based on said events, the City Administrator of the City of Carmel-by-the-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City; and WHEREAS, on March 13, 2020, the City Council adopted Resolution No. 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, on March 16, 2020, Governor Gavin Newsom issued Executive Order N-28-20, that authorizes local jurisdictions to suspend the evictions of tenants for the nonpayment of rent if the non-payment is a result of the COVID-19 pandemic, encourages financial institutions to slow foreclosures, and protects renters and homeowners against utility shutoffs for Californians affected by COVID-19; and WHEREAS, on March 17, 2020, the County of Monterey Health Officer issued a "Shelter in Place" Order requiring, among other things, that people self-isolate in their places of residence; and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued a shelter in place order for the entire State of California; and
WHEREAS, on March 23, 2020, City Administrator Chip Rerig, acting in his capacity as the Director of Emergency Services for the City, issued Order No. 20-1 Staying Evictions in the City of Carmel-by-the-Sea; and WHEREAS, on March 25, 2020, the California Department of Business Oversight secured support from national banks, state banks and credit unions for temporary delays in mortgage payments and foreclosure sales and evictions for homeowners who have economic impacts from COVID-19 with the objective of maximizing consistency and minimizing hurdles potentially faced by borrowers; and
WHEREAS, on March 27, 2020, Governor Newsom issued Executive Order N-37- 20, which suspended the deadline specified in Code of Civil Procedure section 1167 for 60 days, by which a complaint for eviction must usually be served on a tenant within 5 days, in cases during the COVID-19 pandemic where a tenant is unable to pay rent; and WHEREAS, on March 30, 2020, the City Council adopted Resolution No. 2020- 022 Ratifying Director of Emergency Services Order No. 20-1; and WHEREAS, on April 3, 2020, the County of Monterey Health Officer issued a further "Shelter in Place" Order to supersede the prior Orders of the Health Officer; and WHEREAS, in order to comply with the shelter in place orders, and for their own safety, City residents must have access to permanent housing; and Attachment 2
Ordinance 2020-002

Page 3 ends

WHEREAS, the COVID-19 pandemic and associated public health and shelter in place orders are expected to result in the closure of most local businesses for the foreseeable future, and result in extreme restrictions on other local businesses, resulting in commercial tenants suffering a significant decrease in income; and WHEREAS, without local protection, eviction notices for failure to pay rent are likely to surge as residents and businesses are unable to earn income due to the pandemic, or are forced to pay substantial medical expenses associated with the pandemic; and
WHEREAS, particularly given the high cost of housing, evictions of tenants could lead to long term or permanent displacement of tenants impacting the health and safety of these tenants as well as the City.

WHEREAS, the City Council is concerned that, during the COVID-19 pandemic, eviction notices and threats of eviction will surge; and WHEREAS, the City has determined that it is appropriate to temporarily prohibit evictions until the authorization to suspend evictions under Executive Order N-28-20 and Executive Order N-37-20 terminates or the City Council declares an end to the local emergency, whichever occurs first, for any tenant who can demonstrate that they are being evicted for the failure to pay rent and that such failure is a direct impact of the COVID-19 pandemic, as provided in Governor Newsom's Executive Order N-28-20, issued March 16, 2020, and Executive Order N-37-20, issued March 27, 2020.

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 findings 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. The City Council hereby finds that the action to adopt this Ordinance will not result in any change in the environment and thus is not a project subject to the requirements of CEQA. Further, even if the action to adopt this Ordinance was deemed to be a project subject to CEQA, the City Council finds the proposed Ordinance is exempt from CEQA under the common sense exemption set forth in Section 15061 (b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment, and thus where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Attachment 2
Ordinance 2020-002
Page4
Section 4: Authority Pursuant to Applicable Law. Pursuant to Cal. Gov. 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. Pursuant to City Municipal Code Section 2.64.060, the Director of Emergency Services has the authority to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, so long as such rules and regulations must be confirmed at the earliest practicable time by the city council. The City Council also thus finds and determines that it has the authority to enact this ordinance pursuant to all applicable laws including, but not limited to, the California Emergency Services Act, the City Municipal Code and the declaration of local emergency issued by the City Council on March 13, 2020.

Section 5. Director of Emergency Services Order 20-1. On March 23, 2020, in the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the City Administrator, in his capacity as the Director of Emergency Services, issued Order No. 20-1 staying evictions in the City to protect life, property and civil order. On March 30, 2020, the City Council adopted a Resolution ratifying Order No. 20-1. This Ordinance is intended to provide support in addition to Order 20-1 for the staying of evictions according to the terms of this Ordinance.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BYTHE-SEA this 2nd day of June, 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, THEIS; MAYOR POTTER
NOES: NONE
ABSENT: NONE
RECUSED: COUNCIL MEMBER REIMERS; MAYOR PRO TEM RICHARDS APPROVED: ATTEST:

Dave Potter
Mayor
Britt Avrit, MMC
City Clerk
Attachment 2
Ordinance 2020-002

Page 5 ends

ATTACHMENT A
SECTION 1: PURPOSE.

This Ordinance ("Ordinance") temporarily prohibits evictions until the authorization to suspend evictions under Executive Order N-28-20 and Executive Order N-37-20 terminates, or the City Council declares an end to the local emergency, whichever occurs first, of residential tenants, commercial tenants and non-residential tenants, who can demonstrate that they have received a notice of eviction for failure to pay rent, and that such failure is related to a substantial loss of income or substantial out-of-pocket medical expenses resulting from the 2020 novel coronavirus (COVID-19) pandemic or any local, state, or federal government response to the pandemic.

SECTION 2: ORDERS BY GOVERNOR AND CITY DIRECTOR OF EMERGENCY SERVICES STAYING EVICTIONS.

A. Executive Order N-28-20, issued March 16, 2020, is attached as Exhibit A and incorporated by reference.

B. City Director of Emergency Services Order No. 20-1, issued on March 26, 2020 and ratified by the City Council on March 30, 2020 with the adoption of Resolution No. 2020-022, is attached as Exhibit B and incorporated by reference. If there are any inconsistencies between Exhibit Band this Ordinance, this Ordinance is controlling.

C. Executive Order N-37-20, issued March 27, 2020, is attached as Exhibit C and incorporated by reference.

SECTION 3: DEFINITIONS.

The following words and phrases, whenever used in this Ordinance, shall be construed as follows:

A. "Dwelling Unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one or more persons who maintain a household or common household.

B. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any Dwelling Unit or portion thereof or any building or structure of any kind which a business occupies to conduct its business.

Attachment 2
Ordinance 2020-002

Page 6 ends

C. "Eviction" means a termination of an agreement that preexists the COVID19 pandemic, due to both of the following:

1. Nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses; and

2. The decrease in household or business income or the out-of-pocket medical expenses referenced in the last subparagraph was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented.

D. "Owner'' means any person, acting as principal or through an agent, offering a Dwelling Unit for rent, and includes a predecessor in interest to the owner.

E. "Pandemic" means the 2020 novel coronavirus (COVID-19) pandemic.

F. "Tenant" means any person entitled by written or oral agreement, or by sufferance, to the use or occupancy of a Dwelling Unit or any person or business entitled by written or oral agreement, or by sufferance, to use or occupy a building or structure to conduct its business.

SECTION 4: PROHIBITION ON EVICTIONS.

A. A landlord of any Dwelling Unit or Dwelling Units or of any building or structure occupied by a business shall not terminate or attempt to terminate a lawful tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent is directly related to a substantial loss of income or substantial out-of-pocket medical expenses associated with the coronavirus pandemic or any local, state, or federal government response to the pandemic.

B. This Ordinance shall also apply to a landlord's action that constitutes constructive eviction under California law. Terminations that are required to comply with an order issued by a government agency or court requiring that the real property be · vacated are excepted from this prohibition.

C. To take advantage of the protections afforded under this Ordinance, a tenant must do all of the following:

1. Notify the landlord in writing before the day rent is due that the tenant has a covered reason for delayed payment. For purposes of this Ordinance, "writing" shall include emails, text messages, or other forms of electronic communication with landlord or landlord's representative.

Attachment 2
Ordinance 2020-002

Page 7 ends

2. Pay the portion of rent that the tenant is able to pay.

3. Demonstrate through documentation or other objectively verifiable means that the tenant has experienced:
a. Substantial loss of income from: (1) job loss; (2) layoffs; (3) a reduction in the number of compensable hours of work; (4) a store, restaurant, office, or business closure; (5) a substantial decrease in business income caused by a reduction in opening hours or consumer demand; (6) the need to miss workto care for a homebound school-age child or a family member infected with corona virus; or (7) other similarly-caused loss of income that resulted from the COVID-19 pandemic; or
b. Substantial out-of-pocket medical expenses related to the COVID-19 pandemic.

D. Tenants who were afforded eviction protection under this Ordinance shall have up to sixty (60) days after the termination of this Ordinance to pay their landlord all unpaid rent.

E. Nothing in this Ordinance waives a tenant's obligations to pay back rent owed once this Ordinance is no longer effective; provided, however, that a landlord may not file an unlawful detainer action based on the failure to pay rent while this Ordinance is in effect unless the tenant fails to pay rent when due under Section 3 D of this Ordinance.

F. Nothing in this Ordinance shall relieve a tenant of the obligation to pay rent, nor restrict a landlord's ability to recover rent due once this Ordinance is no longer effective.

G. This Ordinance shall not apply to any of the following circumstances:

1. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California Civil Code.

2. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

3. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

Attachment 2
Ordinance 2020-002

Page 8 ends

H. The City Council urges financial institutions holding home or commercial mortgages, including banks, credit unions, government-sponsored enterprises, and institutional investors, to implement an immediate moratorium on foreclosures and related evictions when the foreclosure or foreclosure-related eviction arises out of a substantial decrease in household or business income, or substantial out-of-pocket medical expenses, which were caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19.

SECTION 5: ENFORCEMENT.

A. In the event of a violation of this Ordinance, a Tenant who has been improperly served with notice of an eviction or an unlawful detainer action may institute a civil proceeding for an injunction, and the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs if so ordered by the court.

B. This Ordinance may be asserted as an affirmative defense in an unlawful detainer action.

C. A landlord's failure to comply with this Ordinance does not constitute a criminal offense but may subject an owner to civil fines and penalties as set forth in the Carmel-by-the-Sea Municipal Code.

D. The remedies provided in this Ordinance are in addition to any other existing remedies that may be available to a Tenant under local, state, or federal law or equity and in no way limit such existing remedies, if any.

SECTION 6: WAIVER.

A Landlord may request that the requirements of this Ordinance be waived or modified based on a showing that applying the requirements would have an unconstitutional application to the Landlord's property. A Landlord shall bear the burden of presenting evidence to support any such request for waiver or modification and shall set forth in detail the factual and legal basis for the claim, including all supporting documentation, for consideration by the City Council.

SECTION 7: EFFECTIVE DATES.

This Ordinance applies to eviction notices and unlawful detainer actions based on notices served or filed on or after the effective date of this Ordinance. The prohibitions on evictions shall continue to apply until the authorization to suspend evictions under Executive Order N-28-20 and Executive Order N-37-20, attached hereto, terminate or the City Council declares an end to the local emergency, whichever occurs first.

Attachment 2
Ordinance 2020-002
Page9
SECTION 8: SEVERABILITY_
If any section, subsection, sentence, clause, or phrase of this 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 remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2020-004
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA AFFIRMING ORDERS OF THE STATE PUBLIC HEALTH OFFICER AND THE COUNTY OF MONTEREY PUBLIC HEALTH OFFICER RELATED TO COVID-19

AND EXPRESSLY AFFIRMING SUCH ORDERS AS APPLICABLE AND

ENFORCEABLE WITHIN CITY JURISDICTION AND AUTHORIZATION OF CODE

COMPLIANCE COORDINATOR TO ISSUE CITATIONS
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, 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 (Emphasis Added); 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, 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 (Emphasis Added); 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 2020-004
Page2
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, on March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 in which all residents were directed to immediately heed the State public health directives which the Governor ordered the Department of Public Health to develop for COVID-19; and
WHEREAS, on April 28, 2020, the Health Officer of the County of Monterey issued an Order requiring members of the public and workers to wear face coverings subject to certain exceptions; and
WHEREAS, on May 4, 2020, Governor Gavin Newsom issued Executive Order N60-20 which directed all residents to continue to obey State public health directives; and WHEREAS, on June 29, 2020, the California State Department of Public Health issued a Guidance for the Use of Face Coverings; and
WHEREAS, on July 13, 2020, the State Public Health Officer issued an Order which included as Order No. 8 that the guidance mandating the wearing of face coverings shall continue to apply statewide, except as specifically permitted in other orders or guidance documents; and
WHEREAS, on July 14, 2020, the Centers for Disease Control (CDC) issued a News Release "CDC calls on Americans to wear masks to prevent COVID-19 spread" which includes the following statement: ''We are not defenseless against COVID-19," said CDC Director Dr. Robert R. Redfield. "Cloth face coverings are one of the most powerful weapons we have to slow and stop the spread of the virus - particularly when used universally within a community setting. All Americans have a responsibility to protect themselves, their families, and their communities." and WHEREAS, Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
Attachment 3
Ordinance 2020-004

Page 3 ends

WHEREAS, the State Public Health Officer & Director of the California Department of Public Health ("State Public Health Officer") has issued multiple Orders and directives due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
WHEREAS, Health & Safety Code Section 120155 authorizes the City's peace officers to enforce orders of the State Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease; and WHEREAS, the Monterey County Public Health Officer ("County Public Health Officer") has issued multiple Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and WHEREAS, Health & Safety Code Section 101029 authorizes the City's peace officers to enforce orders of the County Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City's Chief of Police to enforce local health orders to prevent the spread of disease; and WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions; and WHEREAS, heightened levels of public health and safety planning and preparedness have been necessitated in preparation for and response to confirmed cases of COVID-19 in the County of Monterey, and rapid response not lending itself to otherwise applicable notice and approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and to mitigate against the spread of COVID19 and its resulting public health and safety impacts; and WHEREAS, in the absence of such actions, 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, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety.

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 Findings in the Whereas Clauses above by reference as though fully set forth here.

Attachment 3
Ordinance 2020-004
Page4
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.

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.

Attachment 3
Ordinance 2020-004

Page 5 ends

Section 7. Orders Enforceable. The Orders issued by the Governor, State Public Health Officer and the County Public Health Officer due to COVID 19 as currently in effect, or as subsequently amended, are hereby expressly acknowledged and declared to be enforceable within the City and violations of such Orders are hereby deemed to be a violation of City Municipal Code Section 1 .16.01 O as if directly enacted by the City Council or as otherwise allowed by law.

Section 8. Authorization of City Code Compliance Coordinator. Pursuant to California Penal Code § 836.5, 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 Urgency Ordinance and violations of any section of the City Municipal Code or violation of any City ordinance.

Section 9. 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 10: 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 competent jurisdiction, such decision will not affect the validity of the remaining portions of this 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 11: 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 12: Publication. The City Clerk is directed to certify this Urgency Ordinance and cause it to be published in the manner required by law.

Attachment 3
Ordinance 2020-004

Page 6 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BYTHE-SEA this 4th day of August, 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, REIMERS, THEIS, MAYOR PRO TEM RICHARDS; MAYOR POTTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED: ATTEST:

Dave Potter
Mayor
Britt Avrit, MMC
City Clerk
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2020-005
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA FOR ENFORCEMENT OF PROVISIONS AND CONDITIONS OF

ENCROACHMENT PERMITS FOR OUTDOOR DINING AND AUTHORIZATION OF

CODE COMPLIANCE COORDINATOR TO ISSUE CITATIONS
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, 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 (Emphasis Added); 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, 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 (Emphasis Added); 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 actioris already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
Attachment 4
Ordinance 2020-005
Page2
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, on March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 in which all residents were directed to immediately heed the State public health directives which the Governor ordered the Department of Public Health to develop for COVID-19; and
WHEREAS, on May 4, 2020, Governor Gavin Newsom issued Executive Order N60-20 which directed all residents to continue to obey State public health directives; and WHEREAS, Governor Gavin Newsom has issued multiple Executive Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
WHEREAS, the State Public Health Officer & Director of the California Department of Public Health ("State Public Health Officer'') has issued multiple Orders and directives due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and
WHEREAS, Health & Safety Code Section 120155 authorizes the City's peace officers to enforce orders of the State Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease; and WHEREAS, the Monterey County Public Health Officer ("County Public Health Officer'') has issued multiple Orders due to COVID-19 which have significantly impacted individuals and the operations of businesses and local governments; and WHEREAS, Health & Safety Code Section 101029 authorizes the City's peace officers to enforce orders of the County Public Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease and Government Code Section 41601 further authorizes the City's Chief of Police to enforce local health orders to prevent the spread of disease; and Attachment 4
Ordinance 2020-005

Page 3 ends

WHEREAS, the COVID-19 pandemic continues to spread rapidly worldwide and in the U.S., continuing to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, including the elderly and those with underlying health conditions; and WHEREAS, heightened levels of public health and safety planning and preparedness have been necessitated in preparation for and response to confirmed cases of COVID-19 in the County of Monterey, and rapid response not lending itself to otherwise applicable notice and approval timelines has been and will be necessary to respond to the rapidly evolving pandemic and to mitigate against the spread of COVID19 and its resulting public health and safety impacts; and WHEREAS, in the absence of such actions, 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, the City has issued, and may issue in the future, Encroachment Permits with provisions and conditions to allow restaurants to use public space for outdoor dining in order to allow restaurants to continue to operate during limitations imposed by Orders from the Governor, State Public Health Officer and County Public Health Officer and for such outdoor dining operations to be conducted in a manner consistent with public peace, health and safety; and
WHEREAS, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety.

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 Findings in 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.

Attachment 4
Ordinance 2020-005
Page4
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.

Attachment 4
Ordinance 2020-005

Page 5 ends

Section 7. Outdoor Dining. The City has issued, and may issue in the future, Encroachment Permits with provisions and conditions to allow restaurants to use public space for outdoor dining. The failure of any restaurant to fully comply with any of the provisions and conditions of an Encroachment Permit for outdoor dining is hereby declared to be a violation of this Urgency Ordinance and the City and City peace officers may proceed with enforcement for such a violation in the manner provided in the City Municipal Code including, but not limited to, Section 1.16.010 or as otherwise allowed by law.

Section 12: Publication. The City Clerk is directed to certify this Urgency Ordinance and cause it to be published in the manner required by law.

Attachment 4
Ordinance 2020-005

Page 6 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BYTHE-SEA this 4th day of August, 2020, by the following vote:

AYES: COUNCIL MEMBERS BARON, THEIS, MAYOR PRO TEM RICHARDS; MAYOR POTTER
NOES: NONE
ABSENT: NONE
RECUSED: COUNCIL MEMBER REIMERS
APPROVED: ATTEST:

Dave Potter
Mayor
Britt Avrit, MMC
City Clerk
Attachment 4
CITY OF CARMEL-BY.THE.SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2022-OO1
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY.

THESEA ADOPTING RULES OF CONDUCT AT CITY FACILITIES
WHEREAS, the City of Carmel-by-the-Sea ("City") is authorized by Article Xl, 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 propefi within the territorial limits of a city, caused by conditions such as an epidemic, 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 (Emphasis Added); and WHEREAS, Section 2.U.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, 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 (Emphasis Added); 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 ("COV|D-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 5
Ordinance 2022-001

Page 2 ends

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 to provide proof of vaccination and wear a mask at all times covering the mouth and nose, before entry or remaining within city-owned 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 5
Ordinance 2022-001

Page 3 ends

WHEREAS, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety.

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.

NOW, THEREFORE, THE CIry COUNCIL OF THE CITY OF CARMEL. BY.THE-SEA DOES ORDAIN AS FOLLOWS:

Section 1: lncorporation 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-b vthe-Sea Municipal Code Section3: CEQfuEnvironmental Findi ngs. The City Council exercises its independent judgment and finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEOA) 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 4,2O2O; the President of the United States' Declaration of a National Emergency on March 13, 2020; lhe City Council Resolution 2020-021 declaring the existence of a local emergency Attachment 5
with the City due to COVID 19, the Orders issued bythe 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 at City Facilities. lt is hereby ordered and ordained that the following rules shall apply for the use of the 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, Police Department lobby, Public Works Department lobby, Main Harrison Library and Park Branch Library.

7.2 Vaccination against COVID-19. No person shall be permitted to enter or remain in a City Facility at any time 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.

7.3 Face Covering. No person shall be permitted to enter or remain in City Facility at any time unless that person wears a face covering both the mouth and nose at all times. Upon request, the City will provide anyone seeking to enter City Facility with a face covering if they do not have one.

7.4. Attendance at Meetings at City Hall

7.4.1 Persons who wish to attend a meeting at City Hall of the City Council and any Boards or Commissions of the City must comply with the vaccination and face covering requirements in this Section 7.
7 .4.2 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.

7.4.3 Due to the size of the City Council chambers, and in order to 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 U rgency Ordinance shall be punishable as set forth in the City Municipal Code Section 1.16.010 and Section 2.64.100. ln addition, persons Ordinance 2022-001

Page 4 ends

Attachment 5
Otdtnance 2022-001

Page 5 ends

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 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 . Severabil ity. lf 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 competent jurisdiction, such decision will not affect the validity of the remaining portions of this Urgency Ordinance. The City Council declares that itwould 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. Effective Date and Duration. This 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 Urgency Ordinance will remain in effect until rescinded by the City Council.

Section 13. 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 BY.

THE-SEA this 28th day of February, 2022, by the following vote:

AYES COUNCIL MEMBERS: BARON, FERLITO, THEIS, MAYOR PRO TEM

RICHARDS, MAYOR POTTER

NOES NONE
ABSENT. NONE
ABSTAIN: NONE
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 gg 853.5 through 853.6a, or such other procedures as the State of California may subsequently enact for violations of this Urgency Ordinance and violations of any section of the City Municipal Code or violation of any City ordinance.

Attachment 5
Ordinance 2022-001

Page 6 ends

APPROVED:
/)*.*
ATTEST:
'Vlarr-xr- klf""
Dave Potter
Mayor
%shi6 Abbaslnterim City Clerk
Attachment 5
CITY OF CARMEL.BY-THE-SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2022-OO2
FIRST AMENDMENT TO URGENCY ORDINANCE NO. 2022.001 OF THE CITY COUNCIL OF THE CITY OF CARMEL.BY.THE-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 Xl, 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, 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 (Emphasis Added); 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, 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 (Emphasis Added); 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-I9, 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 Attachment 6
Ordinance 2022-002

Page 2 ends

actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
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 1.16.0'10 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 COVI D-1 9, 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-I9, 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 to provide proof of vaccination and wear a mask at all times covering the mouth and nose, before entry or remaining within city-owned 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, Attachment 6
Ordinance 2O22-0O2

Page 3 ends

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 WHEREAS, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this First Amendment 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, this First Amendment to Urgency Ordinance No. 2022-001 amends Section of 7 of said Urgency Ordinance and sets forth the Rules of Conduct For Attending Meetings of Legislative Bodies at City Facilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL- BY-THESEA DOES ORDAIN AS FOLLOWS:

Section 2: Codification. This Ordinance shall not be codified in the Carmel-bythe-Sea Municipal Code.

Section3: CEQA,/Environmental Findings. The City Council exercises its independent judgment and finds that this First Amendment to Urgency Ordinance is not subject to the California Environmental Quality Act (CEOA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(cX3) (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 First Amendment to 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 First Amendment to Urgency Ordinance may have a significant adverse effect on the environment, the adoption of this First Amendment to Urgency Ordinance is exempt from CEQA.

Attachment 6
Ordinance 2022-002

Page 4 ends

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 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 6
Ordinance 2022-002

Page 5 ends

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 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 6
Ordinance 2022-002

Page 6 ends

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 6
Attachment 7
Attachment 7
Attachment 7
Attachment 7
Attachment 7
Attachment 7

Carmel-by-the-Sea City CouncilMarch 7, 2023

Carmel-by-the-Sea City Council
March 7, 2023