Cities Index.
Agenda packet

Carmel-by-the-Sea City Council
May 2, 2023

Document
Agenda packet
Meeting
May 2, 2023
Body
Carmel-by-the-Sea City Council
Pages
12
Original file
22.4 MB
Text extracted from the city's file for reading and search. Open the original on carmelbytheseaca.api.civicclerk.com. That file is the official record.

Attachment 10
U.R. T.R. P.R. TOTAL
TOTAL LIABILITIES & EQUITY 3,072,884 50,000 17,027,656 20,150,539 6:47 PM MONTEREY SYMPHONY
07/15/21 Balance Sheet - All Classes
Accrual Basis As of June 30, 2021

Page 2 ends

Attachment 10
Jul '20 - Ju... Budget Jul '20 - Ju... YTD Budget Annual Bu...

Ordinary Income/Expense
Income
4100 · Public Support - Contributed
4100.10 · Symphony Fund
4110.01 · SF Current Year 437,895 287,500 437,895 287,500 287,500 4110.02 · SF NAR 12,500 12,500 12,500 12,500 12,500
Total 4100.10 · Symphony Fund 450,395 300,000 450,395 300,000 300,000 4100.20 · Foundations
4120.01 · Foundations Current Year 161,481 212,000 161,481 212,000 212,000 Total 4100.20 · Foundations 161,481 212,000 161,481 212,000 212,000 4100.30 · Corporations
4130.01 · Corporations Current Year 18,081 0 18,081 0 0 Total 4100.30 · Corporations 18,081 0 18,081 0 0
4100.40 · Endowment Distribution 400,000 400,000 400,000 400,000 400,000 4100.70 · Donated Tickets & Fees 3,443 0 3,443 0 0
4100.80 · Other Contributed 230,005 202,585 230,005 202,585 202,585 Total 4100 · Public Support - Contributed 1,263,405 1,114,585 1,263,405 1,114,585 1,114,585 Total Income 1,263,405 1,114,585 1,263,405 1,114,585 1,114,585 Gross Profit 1,263,405 1,114,585 1,263,405 1,114,585 1,114,585 Expense
5000 · Program Services
5010 · Artistic
5010.01 · AT - Compensation
5010.50 · AT - Orchestra 21,765 0 21,765 0 0
5010.52 · AT - Fed PR Taxes 2,277 0 2,277 0 0
5010.53 · AT - Workers Comp. 579 0 579 0 0
5010.54 · AT - Unemployment 1,407 0 1,407 0 0
5010.56 · AT - Pension & Dues 2,475 0 2,475 0 0
Total 5010.01 · AT - Compensation 28,503 0 28,503 0 0
5010.03 · Mileage & Travel & Cartage
5010.60 · Orchestra 2,346 0 2,346 0 0
Total 5010.03 · Mileage & Travel & Cartage 2,346 0 2,346 0 0 5010.07 · Guest Artist Fees 16,500 0 16,500 0 0
5010.08 · Music Education 3,112 0 3,112 0 0
5010.09 · Student Transportation 3,974 0 3,974 0 0
5010.10 · Auditions 8,000 0 8,000 0 0
5010.11 · Artistic Contingency Fund 0 60,000 0 60,000 60,000 Total 5010 · Artistic 62,435 60,000 62,435 60,000 60,000 5020 · Production
5020.01 · PD - Compensation
5020.53 · PD - Workers Comp. 38 0 38 0 0
5020.55 · PD - Health Insurance 3,055 3,054 3,055 3,054 3,054 Total 5020.01 · PD - Compensation 3,093 3,054 3,093 3,054 3,054 5020.03 · Contract Labor - UPA Stagehands 66,006 0 66,006 0 0 5020.05 · Venue Fees 7,777 0 7,777 0 0
5020.06 · Music Rent & Purchase 2,701 0 2,701 0 0
1:22 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2020 through June 2021

Page 1 ends

Attachment 10
Jul '20 - Ju... Budget Jul '20 - Ju... YTD Budget Annual Bu... 5020.07 · Equipment Rental 3,046 0 3,046 0 0
5020.08 · Copyright Fees 1,320 0 1,320 0 0
5020.10 · Recording Expenses 2,094 0 2,094 0 0
5020.13 · Production Materials 2,971 3,000 2,971 3,000 3,000 5020.16 · Storage Facility 4,380 4,200 4,380 4,200 4,200 5020.17 · Music For The Schools 2,500 3,000 2,500 3,000 3,000 5020.25 · PD - Miscellaneous 250 0 250 0 0
Total 5020 · Production 96,139 13,254 96,139 13,254 13,254 5030 · Marketing
5030.01 · Printing 3,862 0 3,862 0 0
5030.02 · Advertising 12,356 4,200 12,356 4,200 4,200
5030.03 · Photo/Video 4,914 0 4,914 0 0
5030.04 · Contractors 16,250 0 16,250 0 0
5030.05 · Website Expenses 3,287 5,000 3,287 5,000 5,000 5030.08 · Promotional Items 1,332 2,000 1,332 2,000 2,000 5030.09 · Surveys -1,500 0 -1,500 0 0
5030.25 · MK - Miscellaneous 0 3,000 0 3,000 3,000
Total 5030 · Marketing 40,500 14,200 40,500 14,200 14,200 Total 5000 · Program Services 199,074 87,454 199,074 87,454 87,454 5100 · Support Services
5110 · General & Administrative
5110.01 · GA - Compensation
5110.50 · GA - Salaries & Wages 316,012 256,248 316,012 256,248 256,248 5110.52 · GA - Fed PR Taxes 21,586 19,608 21,586 19,608 19,608 5110.53 · GA - Workers Comp. 1,418 2,916 1,418 2,916 2,916 5110.54 · GA - Unemployment 1,004 2,568 1,004 2,568 2,568 5110.55 · GA - Health Insurance 33,778 33,804 33,778 33,804 33,804 Total 5110.01 · GA - Compensation 373,798 315,144 373,798 315,144 315,144 5110.02 · IT Software & Services
5110.60 · Telephone 4,929 5,112 4,929 5,112 5,112
5110.61 · Internet 2,294 1,320 2,294 1,320 1,320
5110.62 · Software Licenses 669 0 669 0 0
5110.63 · Audience View Fees 42 600 42 600 600
5110.64 · Technical Support 17,690 17,400 17,690 17,400 17,400 5110.65 · Hardware 1,169 1,000 1,169 1,000 1,000
Total 5110.02 · IT Software & Services 26,792 25,432 26,792 25,432 25,432 5110.03 · Professional Services
5110.70 · Accounting & Tax Prep 3,544 500 3,544 500 500 5110.71 · Auditing 17,491 19,500 17,491 19,500 19,500
5110.73 · Payroll 3,502 900 3,502 900 900
5110.75 · HR 1,113 500 1,113 500 500
Total 5110.03 · Professional Services 25,650 21,400 25,650 21,400 21,400 5110.04 · Insurance
5110.80 · Commercial Property 2,860 1,392 2,860 1,392 1,392 5110.81 · Inland Marine 1,628 1,788 1,628 1,788 1,788
5110.82 · General Liability 4,010 6,600 4,010 6,600 6,600 5110.83 · Directors & Officers 2,469 2,028 2,469 2,028 2,028 Total 5110.04 · Insurance 10,967 11,808 10,967 11,808 11,808 5110.05 · Admin Overhead
5110.84 · Office Rent 45,423 40,200 45,423 40,200 40,200 1:22 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2020 through June 2021

Page 2 ends

Attachment 10
Jul '20 - Ju... Budget Jul '20 - Ju... YTD Budget Annual Bu... 5110.85 · Utilities 1,046 2,400 1,046 2,400 2,400
5110.86 · Supplies 6,474 1,200 6,474 1,200 1,200
5110.87 · Postage & Shipping 2,074 2,626 2,074 2,626 2,626 5110.88 · Copier/Pstg Leases 14,632 13,640 14,632 13,640 13,640 5110.89 · Office Cleaning 3,090 2,880 3,090 2,880 2,880 5110.90 · Repairs & Maintenance 1,415 480 1,415 480 480 5110.91 · Board Expenses 946 3,000 946 3,000 3,000
5110.92 · Bank Charges 358 360 358 360 360
5110.93 · Credit Card Charges 4,611 1,800 4,611 1,800 1,800 5110.94 · Travel & Entertainment 2,692 1,800 2,692 1,800 1,800 5110.95 · Dues & Publications 3,935 2,136 3,935 2,136 2,136 5110.96 · City/Co./St. Taxes/Fees 667 1,200 667 1,200 1,200 5110.97 · Professional Development 2,594 3,000 2,594 3,000 3,000 5110.99 · Office & Moving Expenses 10,037 5,000 10,037 5,000 5,000 5110.25 · Depreciation 4,301 0 4,301 0 0
5110.26 · GA - Miscellaneous 1,831 600 1,831 600 600
Total 5110.05 · Admin Overhead 106,126 82,322 106,126 82,322 82,322 Total 5110 · General & Administrative 543,334 456,106 543,334 456,106 456,106 5120 · Development
5120.02 · Patron & Inst. Advancement 5,477 0 5,477 0 0
5120.03 · Independent Contractor Fees 800 0 800 0 0
5120.06 · Donor Stewardship 1,359 6,000 1,359 6,000 6,000 Total 5120 · Development 7,636 6,000 7,636 6,000 6,000
Total 5100 · Support Services 550,969 462,106 550,969 462,106 462,106 Total Expense 750,043 549,560 750,043 549,560 549,560
Net Ordinary Income 513,361 565,025 513,361 565,025 565,025 Other Income/Expense
Other Income
7000 · Other Income
7010 · Dividends & Interest
7010.01 · Cornerstone Funds 77,463 0 77,463 0 0
7010.02 · Board Reserve 1 0 100
7010.03 · Noxon Fund 1 167,183 0 167,183 0 0
7010.04 · Patron Stock 40 0 40 0 0
Total 7010 · Dividends & Interest 244,687 0 244,687 0 0 7020 · Gain (Loss) on Investments
7020.01 · Cornerstone Funds 802,817 0 802,817 0 0
7020.03 · Noxon Fund 1 2,001,034 0 2,001,034 0 0
7020.04 · Patron Stock 371 0 371 0 0
Total 7020 · Gain (Loss) on Investments 2,804,221 0 2,804,221 0 0 7025 · Tax Credits 37,063 0 37,063 0 0
Total 7000 · Other Income 3,085,972 0 3,085,972 0 0
Total Other Income 3,085,972 0 3,085,972 0 0
Other Expense
7100 · Other Expense
7120 · Portfolio Mgmt Fees 30,421 0 30,421 0 0
7125 · Board Designated Reserve 0 440,032 0 440,032 440,032 1:22 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2020 through June 2021

Page 3 ends

Attachment 10
Jul '20 - Ju... Budget Jul '20 - Ju... YTD Budget Annual Bu... 7130 · Endowment Income Contra 0 400,000 0 400,000 400,000 Total 7100 · Other Expense 30,421 840,032 30,421 840,032 840,032 Total Other Expense 30,421 840,032 30,421 840,032 840,032 Net Other Income 3,055,550 -840,032 3,055,550 -840,032 -840,032 Net Income 3,568,912 -275,007 3,568,912 -275,007 -275,007 1:22 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2020 through June 2021

Page 4 ends

Attachment 10
U.R. T.R. P.R. TOTAL
ASSETS
Current Assets
Checking/Savings 42,724 61,000 0 103,724
Other Current Assets
1150 · Accrued Receivables 416 6,334 0 6,750
1400 · Prepaid Expenses 47,326 0 0 47,326
Total Other Current Assets 47,742 6,334 0 54,076
Total Current Assets 90,466 67,334 0 157,800
Fixed Assets
1600 · Equipment & Improvements 23,216 0 0 23,216
Total Fixed Assets 23,216 0 0 23,216
Other Assets
1700 · Endowment Funds
1700.02 · Cornerstone Funds -243,897 14,722 4,717,786 4,488,610 1700.03 · Noxon Fund 1 291,670 3,160,622 2,865,000 6,317,292 1700.10 · Board Reserve 1 0 0 1
Total 1700 · Endowment Funds 47,773 3,175,344 7,582,786 10,805,903 1900 · Beneficial Interest - Noxon WF 0 7,600,320 0 7,600,320 1910 · Beneficial Interest - CFMC 0 38,922 217,163 256,085 1950 · Right of Use 91,462 0 0 91,462
Total Other Assets 139,235 10,814,587 7,799,949 18,753,771 TOTAL ASSETS 252,917 10,881,921 7,799,949 18,934,787

LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable 10,940 0 0 10,940
Other Current Liabilities 44,485 0 0 44,485
Total Current Liabilities 55,425 0 0 55,425
Long Term Liabilities 70,962 0 0 70,962
Total Liabilities 126,387 0 0 126,387
Equity
3000 · Net Assets 2,400,539 10,864,587 7,799,949 21,065,074 Net Income -2,274,009 17,334 0 -2,256,675
Total Equity 126,530 10,881,921 7,799,949 18,808,400
TOTAL LIABILITIES & EQUITY 252,917 10,881,921 7,799,949 18,934,787 3:34 PM MONTEREY SYMPHONY
07/19/22 Balance Sheet - All Classes
Accrual Basis As of June 30, 2022

Page 1 ends

Attachment 10
Jul '21 - Ju... Budget Jul '21 - Ju... YTD Budget Annual Bud...

Ordinary Income/Expense
Income
4000 · Operating Revenue - Earned
4000.10 · Concert Ticket Sales 190,143 152,000 190,143 152,000 152,000 4000.15 · Special Event Ticket Sales 10,560 0 10,560 0 0 4000.40 · Other Earned Revenue 2,500 0 2,500 0 0
Total 4000 · Operating Revenue - Earned 203,203 152,000 203,203 152,000 152,000 4100 · Public Support - Contributed
4100.10 · Symphony Fund
4110.01 · SF Current Year 498,759 700,000 498,759 700,000 700,000 Total 4100.10 · Symphony Fund 498,759 700,000 498,759 700,000 700,000 4100.20 · Foundations
4120.01 · Foundations Current Year 85,354 259,500 85,354 259,500 259,500 4120.02 · Foundations NAR 50,000 50,000 50,000 50,000 50,000 Total 4100.20 · Foundations 135,354 309,500 135,354 309,500 309,500 4100.30 · Corporations
4130.01 · Corporations Current Year 21,561 15,000 21,561 15,000 15,000 Total 4100.30 · Corporations 21,561 15,000 21,561 15,000 15,000 4100.40 · Endowment Distribution 532,000 430,162 532,000 430,162 430,162 4100.60 · Bequests 38,479 0 38,479 0 0
4100.70 · Donated Tickets & Fees 6,587 0 6,587 0 0
4100.80 · Other Contributed 240,420 57,405 240,420 57,405 57,405 Total 4100 · Public Support - Contributed 1,473,160 1,512,067 1,473,160 1,512,067 1,512,067 Total Income 1,676,363 1,664,067 1,676,363 1,664,067 1,664,067 Gross Profit 1,676,363 1,664,067 1,676,363 1,664,067 1,664,067 Expense
5000 · Program Services
5010 · Artistic
5010.01 · AT - Compensation
5010.45 · AT - Music Director 0 7,500 0 7,500 7,500
5010.46 · AT - Librarian 9,827 14,000 9,827 14,000 14,000 5010.50 · AT - Orchestra 349,755 380,591 349,755 380,591 380,591 5010.52 · AT - Fed PR Taxes 28,443 30,760 28,443 30,760 30,760 5010.53 · AT - Workers Comp. 5,392 4,584 5,392 4,584 4,584 5010.54 · AT - Unemployment 16,316 4,021 16,316 4,021 4,021 5010.56 · AT - Pension & Dues 30,434 61,770 30,434 61,770 61,770 Total 5010.01 · AT - Compensation 440,168 503,226 440,168 503,226 503,226 5010.02 · Music Director Expenses 1,242 0 1,242 0 0
5010.03 · Mileage & Travel & Cartage
5010.60 · Orchestra 64,173 77,548 64,173 77,548 77,548
5010.62 · Guest Artists 15,854 18,250 15,854 18,250 18,250 Total 5010.03 · Mileage & Travel & Cartage 80,027 95,798 80,027 95,798 95,798 5010.04 · Cartage 2,670 0 2,670 0 0
5010.07 · Guest Artist Fees 103,173 82,000 103,173 82,000 82,000 5010.08 · Music Education 4,410 8,000 4,410 8,000 8,000 5010.10 · Auditions 14,743 20,000 14,743 20,000 20,000
5010.25 · AT - Miscellaneous 1,350 0 1,350 0 0
1:21 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2021 through June 2022

Page 1 ends

Attachment 10
Jul '21 - Ju... Budget Jul '21 - Ju... YTD Budget Annual Bud...

Total 5010 · Artistic 647,784 709,024 647,784 709,024 709,024 5020 · Production
5020.01 · PD - Compensation
5020.50 · PD - Production & Stage Hands 11,261 30,000 11,261 30,000 30,000 5020.52 · PD - Fed PR Taxes 861 2,295 861 2,295 2,295
5020.53 · PD - Workers Comp. 109 342 109 342 342
5020.54 · PD - Unemployment 322 300 322 300 300
5020.56 · PD - Pension Expense 0 600 0 600 600
Total 5020.01 · PD - Compensation 12,553 33,537 12,553 33,537 33,537 5020.02 · Contract Labor - Supervision 1,250 12,800 1,250 12,800 12,800 5020.03 · Contract Labor - UPA Stagehands 110,841 35,000 110,841 35,000 35,000 5020.04 · Piano Technician 5,110 3,000 5,110 3,000 3,000 5020.05 · Venue Fees 55,088 50,000 55,088 50,000 50,000 5020.06 · Music Rent & Purchase 19,345 6,000 19,345 6,000 6,000 5020.07 · Equipment Rental 21,427 5,000 21,427 5,000 5,000 5020.08 · Copyright Fees 0 4,000 0 4,000 4,000
5020.10 · Recording Expenses 6,967 78,011 6,967 78,011 78,011 5020.13 · Production Materials 12,803 4,800 12,803 4,800 4,800 5020.14 · Musician Food 0 4,200 0 4,200 4,200
5020.15 · Valet Parking 7,329 5,560 7,329 5,560 5,560
5020.16 · Storage Facility 10,389 8,760 10,389 8,760 8,760 5020.17 · Music For The Schools 276 0 276 0 0
5020.18 · COVID-19 Contingency 66,588 25,610 66,588 25,610 25,610 5020.25 · PD - Miscellaneous 3,616 0 3,616 0 0
Total 5020 · Production 333,580 276,278 333,580 276,278 276,278 5030 · Marketing
5030.01 · Printing 23,425 12,000 23,425 12,000 12,000
5030.02 · Advertising 52,840 53,125 52,840 53,125 53,125 5030.03 · Photo/Video 18,711 10,000 18,711 10,000 10,000 5030.04 · Contractors 15,950 31,000 15,950 31,000 31,000 5030.05 · Website Expenses 3,246 6,000 3,246 6,000 6,000 5030.06 · Special Events 23,628 0 23,628 0 0
5030.08 · Promotional Items 3,609 3,000 3,609 3,000 3,000 5030.09 · Surveys 0 4,000 0 4,000 4,000
5030.25 · MK - Miscellaneous 1,398 0 1,398 0 0
Total 5030 · Marketing 142,808 119,125 142,808 119,125 119,125 Total 5000 · Program Services 1,124,172 1,104,427 1,124,172 1,104,427 1,104,427 5100 · Support Services
5110 · General & Administrative
5110.01 · GA - Compensation
5110.50 · GA - Salaries & Wages 400,503 323,262 400,503 323,262 323,262 5110.52 · GA - Fed PR Taxes 27,576 24,730 27,576 24,730 24,730 5110.53 · GA - Workers Comp. 1,351 3,685 1,351 3,685 3,685 5110.54 · GA - Unemployment 1,862 3,233 1,862 3,233 3,233 5110.55 · GA - Health Insurance 46,499 41,536 46,499 41,536 41,536 5110.56 · GA - 403(b) Contributions 5,721 10,298 5,721 10,298 10,298 Total 5110.01 · GA - Compensation 483,511 406,744 483,511 406,744 406,744 5110.02 · IT Software & Services
5110.60 · Telephone 5,149 5,629 5,149 5,629 5,629
5110.61 · Internet 2,863 2,676 2,863 2,676 2,676
5110.62 · Software Licenses 622 900 622 900 900
5110.63 · Audience View Fees 6,144 6,060 6,144 6,060 6,060 1:21 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2021 through June 2022

Page 2 ends

Attachment 10
Jul '21 - Ju... Budget Jul '21 - Ju... YTD Budget Annual Bud... 5110.64 · Technical Support 18,860 18,120 18,860 18,120 18,120 5110.65 · Hardware 170 2,000 170 2,000 2,000
Total 5110.02 · IT Software & Services 33,808 35,385 33,808 35,385 35,385 5110.03 · Professional Services
5110.70 · Accounting & Tax Prep 5,746 1,000 5,746 1,000 1,000 5110.71 · Auditing 18,500 20,300 18,500 20,300 20,300
5110.72 · Legal 45 0 45 0 0
5110.73 · Payroll 4,627 2,850 4,627 2,850 2,850
5110.75 · HR 3,970 1,090 3,970 1,090 1,090
5110.76 · Operations 12,184 0 12,184 0 0
Total 5110.03 · Professional Services 45,072 25,240 45,072 25,240 25,240 5110.04 · Insurance
5110.80 · Commercial Property 3,065 2,880 3,065 2,880 2,880 5110.81 · Inland Marine 1,709 1,680 1,709 1,680 1,680
5110.82 · General Liability 4,010 4,080 4,010 4,080 4,080 5110.83 · Directors & Officers 2,469 2,520 2,469 2,520 2,520 Total 5110.04 · Insurance 11,253 11,160 11,253 11,160 11,160 5110.05 · Admin Overhead
5110.84 · Office Rent 41,066 40,344 41,066 40,344 40,344 5110.85 · Utilities 1,584 852 1,584 852 852
5110.86 · Supplies 11,243 11,000 11,243 11,000 11,000
5110.87 · Postage & Shipping 5,787 6,000 5,787 6,000 6,000 5110.88 · Copier/Pstg Leases 15,793 14,180 15,793 14,180 14,180 5110.89 · Office Cleaning 3,300 3,120 3,300 3,120 3,120 5110.90 · Repairs & Maintenance 190 500 190 500 500
5110.91 · Board Expenses 27,119 27,400 27,119 27,400 27,400 5110.92 · Bank Charges 820 360 820 360 360
5110.93 · Credit Card Charges 17,307 12,000 17,307 12,000 12,000 5110.94 · Travel & Entertainment 13,666 7,500 13,666 7,500 7,500 5110.95 · Dues & Publications 7,728 7,000 7,728 7,000 7,000 5110.96 · City/Co./St. Taxes/Fees 591 700 591 700 700
5110.97 · Professional Development 1,544 4,000 1,544 4,000 4,000 5110.99 · Office & Moving Expenses 4,500 0 4,500 0 0
5110.25 · Depreciation 4,301 0 4,301 0 0
5110.26 · GA - Miscellaneous 6,637 0 6,637 0 0
Total 5110.05 · Admin Overhead 163,178 134,956 163,178 134,956 134,956 Total 5110 · General & Administrative 736,821 613,485 736,821 613,485 613,485 5120 · Development
5120.02 · Patron & Inst. Advancement 501 5,000 501 5,000 5,000 5120.04 · Special Events - Non 990 20,350 0 20,350 0 0
5120.05 · Special Events - 990 2,330 0 2,330 0 0
5120.06 · Donor Stewardship 3,026 0 3,026 0 0
Total 5120 · Development 26,208 5,000 26,208 5,000 5,000 Total 5100 · Support Services 763,029 618,485 763,029 618,485 618,485 Total Expense 1,887,200 1,722,912 1,887,200 1,722,912 1,722,912 Net Ordinary Income -210,837 -58,845 -210,837 -58,845 -58,845 Other Income/Expense
Other Income
7000 · Other Income
1:21 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2021 through June 2022

Page 3 ends

Attachment 10
Jul '21 - Ju... Budget Jul '21 - Ju... YTD Budget Annual Bud... 7010 · Dividends & Interest
7010.01 · Cornerstone Funds 149,694 40,090 149,694 40,090 40,090 7010.02 · Board Reserve 1 010 0
7010.03 · Noxon Fund 1 233,122 86,110 233,122 86,110 86,110 Total 7010 · Dividends & Interest 382,816 126,200 382,816 126,200 126,200 7020 · Gain (Loss) on Investments
7020.01 · Cornerstone Funds 0 129,756 0 129,756 129,756 7020.03 · Noxon Fund 1 -303,292 322,206 -303,292 322,206 322,206 7020.04 · Patron Stock 122 0 122 0 0
Total 7020 · Gain (Loss) on Investments -303,170 451,962 -303,170 451,962 451,962 7025 · Tax Credits 512 0 512 0 0
Total 7000 · Other Income 80,158 578,162 80,158 578,162 578,162 Total Other Income 80,158 578,162 80,158 578,162 578,162 Other Expense
7100 · Other Expense
7105 · Charitable Giving 100,000 0 100,000 0 0
7120 · Portfolio Mgmt Fees 31,184 63,831 31,184 63,831 63,831 7130 · Endowment Income Contra 532,000 430,162 532,000 430,162 430,162 Total 7100 · Other Expense 663,184 493,993 663,184 493,993 493,993 Total Other Expense 663,184 493,993 663,184 493,993 493,993 Net Other Income -583,026 84,169 -583,026 84,169 84,169 Net Income -793,864 25,324 -793,864 25,324 25,324
1:21 PM MONTEREY SYMPHONY
03/31/23 Profit & Loss Budget v. Actual - U.R.

Accrual Basis July 2021 through June 2022

Page 4 ends

Attachment 10
4/10/23, 10:14 AM Organization Information
https://docs.google.com/forms/d/1XY4sPk-2G_93XgaBXVL9mpyuw6fF3OQcCULJ_GDf3us/edit?pli=1#response=ACYDBNi19hJDyLzfT4g9d0J_xds3… 1/6 Email *
[email protected]
Pacific Repertory Theatre
John Newkirk, Development & Marketing Executive
PO Box 222035
831-622-0700
[email protected]
Organization Information
Name of Applicant Organization: *
Name and Position/Title of staff applying on behalf of the Organization: * Organization Mailing Address: *
Telephone Number: *
Email: *
Attachment 11
4/10/23, 10:14 AM Organization Information
https://docs.google.com/forms/d/1XY4sPk-2G_93XgaBXVL9mpyuw6fF3OQcCULJ_GDf3us/edit?pli=1#response=ACYDBNi19hJDyLzfT4g9d0J_xds3… 2/6 Monterey Peninsula and beyond
0-12
13-17
18-24
25-34
35-44
45-54
55-64
65 and over
1500 annual average
Yes
No
Geographic Area(s) the Organization serves: *
Age groups served by the Organization: *
Number of Carmel-by-the-Sea (93921) residents the Organization serves: * Is this Organization incorporated as a Nonprofit Organization? * Attachment 11
4/10/23, 10:14 AM Organization Information
https://docs.google.com/forms/d/1XY4sPk-2G_93XgaBXVL9mpyuw6fF3OQcCULJ_GDf3us/edit?pli=1#response=ACYDBNi19hJDyLzfT4g9d0J_xds3… 3/6 Yes
No
Project/Program Details
School of Dramatic Arts (SoDA)
$3,000
The City Council Discretionary Grant will support PacRep’s School of Dramatic Arts (SoDA), which has programs for Monterey County youth, offering low-cost after school classes, summer camps, and the Saturday Academy. It is generally accepted by educators and others that the arts are a powerful vehicle for reaching, motivating, and teaching a student. Without the arts to shape imaginations, young people become culturally deprived as they mature into adulthood. SoDA students are able to shape their imaginations, explore new techniques, think “critically” in new ways that expand their interest in learning, as well as develop verbal skills, self-esteem, teamwork, confidence and self-motivation. The more students live up to the expectations of the SoDA program, the more empowered they become. Helping students grow in the arts is one of the best investments that can be made in the future citizens of our community.

Is this Organization a Carmel school? *
Project/Program Name: *
Amount requested (up to $3,000): *
Please provide a description of the Project, Program, or Service that the City of Carmel-by-theSea grant funding will be used to support.* Attachment 11
4/10/23, 10:14 AM Organization Information
https://docs.google.com/forms/d/1XY4sPk-2G_93XgaBXVL9mpyuw6fF3OQcCULJ_GDf3us/edit?pli=1#response=ACYDBNi19hJDyLzfT4g9d0J_xds3… 4/6 SoDA is PacRep’s educational program, founded in 2000. The year-round school is housed at Carmel’s Forest Theater and specializes in all aspects of the performing arts through structured classes and summer camps. SoDAonStage also provides performing opportunities for young people on the stage of the Golden Bough Playhouse and at the Outdoor Forest Theater. SoDA serves children and young people from 4 to 18 years of age. During 2022, we enrolled more than 100 students. We are constantly striving to offer curricula that meet the needs of the children we serve, and we vary our class offerings accordingly. At the same time, we are eager for students to receive a well-rounded theater arts education to prepare them for continued training and to strengthen their ability to succeed in college, business, and in the community. To that end, we have placed a renewed emphasis on offering our SoDA students chances to perform in fully staged productions. In November/December of last year, we produced a very successful run of Rudolph the RedNosed Reindeer, The Musical through our SoDAOnStage program, allowing more than thirty children from all around Monterey County a chance to perform in a professional setting, alongside experienced adult performers, executing numerous musical numbers in full costume and choreography. For many of our younger performers, this was their first theatrical experience.

SoDA Classes, Camps and SoDAonStage productions include children and young people throughout Monterey County, with the majority of the participants residing in the Carmel area and on the Monterey Peninsula. SoDA activities are available to any child who has the time, interest and discipline to participate.

Based upon a 5-year average, we anticipate that 130-150 unduplicated students will participate in SoDA classes and summer camps over the next 12 months. In addition to enrollment numbers, we continue to conduct surveys of SoDA participants and their parents, assessing how students have progressed in the SoDA programs, if students are improving their communication skills, their ability to work as a member of a team, and if SoDA has made a difference in their traditional schoolwork, as well.

Through our free Tix4Kids program, and with three eligible productions in 2022, we welcomed over 500 students to our audiences. While we anticipate similar results in 2023, we have increased the number of organizations and schools who have been invited to participate, so we may see a significant increase in the number of participants. A two-year average shows that over 100 adult chaperones have attended along with the students.

Please provide the project, program, or service objectives that the City of Carmel-by-the-Sea grant funding will be used to support.
*
Please describe the specific benefit to the Carme-by-the-Sea community that your project, program, or service will provide, including the target population and number of community members that will be served.
*
Attachment 11
4/10/23, 10:14 AM Organization Information
https://docs.google.com/forms/d/1XY4sPk-2G_93XgaBXVL9mpyuw6fF3OQcCULJ_GDf3us/edit?pli=1#response=ACYDBNi19hJDyLzfT4g9d0J_xds3… 5/6 Funds will be used to support teaching materials, instructor salaries and SoDA outreach efforts. PacRep continues its expansion of arts education outreach, providing teachers and production assistance to schools throughout the county, including providing guidance in the development of the drama programs at Marina and Seaside High Schools, and providing after-school teaching staff for Santa Catalina School and Seaside High. In addition, we are emphasizing our outreach to underserved communities in Monterey County offering subsidized tickets through our Tix4Kids program, and by establishing a relationship with the Childrens Theater Program at Sol Treasures in King City.

Attachments
Please provide the following attachments via email to [email protected]. Make sure to include the name of the Organization in the subject line of the email and on all attachments. - A copy of the Organization's proof of non-profit status, with a copy of the letter from the IRS. - A detailed, line item budget plan for the project, program, or service's use of the grant funds. - A current, detailed operating budget that includes information on your organization's annual sources of revenue received.
- The Organization's past two year's financial statements - including the current year - with balance sheets, sources of revenue, profit/loss statements and indicating the percentage of revenue that is used for administration, salaries and program costs.

Certification and Signature
The Applicant Organization acknowledges and agrees to the following:
- That it is subject to all City Council Discretionary Funds Grant Program requirements, including submittal deadlines and payment disbursements.
- That it will not spend City Council Discretionary Funds Grant Program funds on ineligible activities/services as outlined in City Council Policy C16- : City Council Discretionary Funds Grant Program. - The awarding of City Council Discretionary Funds Grant Program funding does not constitute an automatic annual allocation.
- City Council Discretionary Funds Grant Program funding, if allocated, will be for the sole use as reflected Please describe how your organization would use the funding awarded, including equipment or services that would be purchased and why.
*
Attachment 11
4/10/23, 10:14 AM Organization Information
https://docs.google.com/forms/d/1XY4sPk-2G_93XgaBXVL9mpyuw6fF3OQcCULJ_GDf3us/edit?pli=1#response=ACYDBNi19hJDyLzfT4g9d0J_xds3… 6/6 in this application form.
- As a condition of receiving funds, an agreement with the City of Carmel-by-the-Sea in a form and with content provided by the City, will be signed and executed by a duly authorized representative of the applicant organization.
- All funds awarded must be spent by the end of the fiscal year (June 30). - The recipient shall provide a full accounting with documentation on the use of awarded funds within 30 days after the end of the Project/Program/Service or by June 30 of the fiscal year in which funds were awarded.
- The recipient shall return to the City any funds not spent or documented per the signed agreement. - The City reserves the right to conduct an audit and/or require additional backup information to substantiate how funds received from the City were expended. Failure to provide proper documentation may jeopardize future funding.

I certify on behalf of the above named nonprofit applicant organization that I have read, understand and agree that the aforesaid information is accurate, factual, and current.

John Newkirk - Development & Marketing Executive
Pacific Repertory Theatre
MM
/
DD
/
YYYY
This form was created inside of Carmel-by-the-Sea.

Name and Title of staff applying on behalf of the Organization * Organization name *
Date *
04 03 2023
Forms
Attachment 11
Attachment 11
Attachment 11
2023 SoDA Budget
Organization Name: Pacific Repertory Theatre
INCOME Attributable to SoDA-related Activities
Ticket Sales
Season Flex Pass $5,760
Single Tickets $210,700
Group Sales $16,500
Svc Chgs. $24,260
Education Revenue 257,220
SoDA Tuition $42,000
Related Sales 42,000
Concessions $25,000
Contributed Income 17,500
Individual Donations $10,000
SoDA Underwriters $15,000
Service Clubs $5,000
Soda Indv/Family Fdn $2,000
Chapman Foundation/Other $5,000
Ransom Fdn $10,000
Harden Fdn $15,000
Barnet Segal Trust $10,000
Other Foundations $5,000
77,000
TOTAL INCOME 393,720
EXPENSES Attributable to SoDA-related Activities
Administration Salaries & Contracts
Technical Director $19,523
Executive Director $23,262
Promotional Director $6,000
Business Manager $17,211
Marketing Manager $15,981
Box Office Manager $12,580
Development Asst. $6,000
Production Salaries 100,557
Company Manager $4,000
Master Carpenter $6,000
SoDA Salaries 10,000
Faculty $30,000
Administrator $6,000
Seasonal Directors & Designers 36,000
Directors & Choreographers $9,000
Costume Designers $5,500
Lighting Designers $3,000
Sound Designers $1,000
18,500
Attachment 11
Seasonal Actors & Musicians Artistic Equity Company $4,950 Artistic Non Equity Company $13,000
Co. Per Diem/ Travel $4,000
21,950
Seasonal Production Personnel Stage Managers $4,000
House Managers $5,200
Carpenters/Scenic Artists $12,200
Electricians $6,300
Booth Operators/Stage Crew $9,000
Sound & Track Operators $5,160
41,860
Personnel Costs Payroll Taxes $18,931
Workers' Compensation $4,572
Staff Health Insurance $26,334
Staff Life Insurance $1,572
Equity Health Insurance $1,947
Equity Pension $396
53,752
Administration Expenses Telephone $7,500
Postage $1,500
Office Supplies $4,500
Auto Expense $500
14,000
Facilities Costs Forest Theater Maint & Utilities $15,000 Forest Theater Janitorial $7,200
22,200
Marketing Print Advertising $4,100
Television Advertising $3,000
Concessions $9,000
Ticketing Services $6,200
22,300
Production Costs Materials $14,000
Equipment Rentals $2,500
Properties $1,500
Lighting $1,500
Sound $2,300
Costumes/Make Up Supplies $2,000
Costume Cleaning $500
Royalties $24,785
Miscellaneous $3,516
52,601
TOTAL INCOME 393,720
TOTAL EXPENSE 393,720
TOTAL PROFIT/LOSS (0)
Attachment 11
Attachment 11
Attachment 11
Attachment 11
Attachment 11
Attachment 11
Attachment 11
11:44 AM
01/12/22
Accrual Basis
Pacific Repertory Theatre
Balance Sheet
As of December 31, 2021
Dec 31, 21
ASSETS
Current Assets
Other Current Assets
1100 · Sec Deposits (Due to PacRep) 6,400.00
1090 · Cash Clearing 10,187.50
Total Other Current Assets 16,587.50
Accounts Receivable
1234 · Accounts rec. general (2,309.00)
1235 · Contributions Receivable II 15,999.96
1201 · Accounts Receivable 41,543.94
Total Accounts Receivable 55,234.90
Checking/Savings
1001 · CHECKING ACCOUNTS
1060 · CASH ON HAND - Box Office 1,488.00
1010 · Monterey County Bank (7093) 250,691.39
1018 · Mechanics - Checking (6382) 259,063.73
1019 · Wells Fargo (3332) 330,907.48
Total 1001 · CHECKING ACCOUNTS 842,150.60
1002 · INVESTMENT ACCOUNTS
1030 · WFB-8670 Capital Money Mkt Fund
1030.20 · Restricted - Forest Theatre 40,883.35
1030.50 · Packard Grant 2021-2022 50,000.00
1030 · WFB-8670 Capital Money Mkt Fund - Other 243,930.62 Total 1030 · WFB-8670 Capital Money Mkt Fund 334,813.97 1071 · Charles Schwab
1071 · Charles Schwab - Other (0.12)
1071-D · Charles Schwab Bank 73.03
1071-B · Chalres Schwab - CD'S 1,525.51
1071-C · Schwab Treasury Obligation 2,403,252.61
Total 1071 · Charles Schwab 2,404,851.03
Total 1002 · INVESTMENT ACCOUNTS 2,739,665.00
Total Checking/Savings 3,581,815.60
Total Current Assets 3,653,638.00
Fixed Assets
1599 · Accum Dep (1,333,610.29)
1550 · Concession Equipment 5,070.87
1526 · Assisted Listening System 6,302.14
1535 · Furniture 15,472.53
16402 · Vehicle - Ford Truck 45,348.38
1540 · Office Equipment 66,969.38
1520 · Costumes 108,971.85
1560 · Condominium Building 135,386.26
1525 · Production Equipment 288,441.14
See Accountants' Compilation Report Page 1 of 2
Attachment 11
11:44 AM
01/12/22
Accrual Basis
Pacific Repertory Theatre
Balance Sheet
As of December 31, 2021
Dec 31, 21
1505 · Golden Bough - Building 399,560.00
1515 · Land 825,370.44
1950 · Construction In Progress 1,077,152.43
1510 · Golden Bough - Improvements 2,146,363.18
Total Fixed Assets 3,786,798.31
Other Assets
1750 · Pacific Repertory 457B Plan 77,244.63
1700 · Endowment investments 198,915.05
Total Other Assets 276,159.68
TOTAL ASSETS 7,716,595.99

LIABILITIES & EQUITY
Liabilities
Current Liabilities
Other Current Liabilities
2400 · Deferred Contributions (107,500.00)
2050 · PAYROLL LIABILITIES (77.63)
2055 · Equity Health Contr (co.) 0.01
2602 · Forest Theatre - Remodel Funds 40,883.74
2070 · 457(b) - Liability 51,279.00
Total Other Current Liabilities (15,414.88)
Accounts Payable
2001 · Accounts Payable 936.39
Total Accounts Payable 936.39
Total Current Liabilities (14,478.49)
Total Liabilities (14,478.49)
Equity
3000 · Opening Bal Equity 78,648.00
3800 · Permanent Restricted Net Assets 163,831.00
Net Income 912,778.82
3100 · Unrestricted Net Assets 2,460,560.88
3900 · Temp Restricted Net Assets 4,115,255.78
Total Equity 7,731,074.48
TOTAL LIABILITIES & EQUITY 7,716,595.99
See Accountants' Compilation Report Page 2 of 2
Attachment 11
Jan - Dec 21
Ordinary Income/Expense
Income
4000 · EARNED INCOME
4001 · TICKETING REVENUE
4010 · Season Subscriptions 1,100.00
4020 · Single Tickets 204,151.75
4030 · Group Sales/Buy the House 9,123.20
4050 · Service Charges 31,838.00
Total 4001 · TICKETING REVENUE 246,212.95
4060 · EDUCATION
4061 · Community College Students 4,819.50
4301 · SoDA Tuition - Lower Schools 77,075.00
Total 4060 · EDUCATION 81,894.50
4070 · RELATED SALES
4071 · Concession Revenue 18,367.29
4120 · Program Ad Sales - Gross 200.00
Total 4070 · RELATED SALES 18,567.29
4200 · RENTAL INCOME
4250 · Rents/Housing 19,666.94
4201 · Rents - Theatre (1,000.00)
4202 · Rents - Equipment 100.00
4203 · Rents - Costumes 50.00
Total 4200 · RENTAL INCOME 18,816.94
4400 · CONTRACT SERVICES
4401 · Contract Services Income 10,930.00
4402 · Contract Services Expense (3,618.66)
Total 4400 · CONTRACT SERVICES 7,311.34
4005 · Interest Income - Banks 42.80
4204 · Dividend Income 3,113.98
4205 · Capital Gains - Short Term (76.95)
4210 · Capital Gains - Long Term 31.82
4215 · Unrealized Capital Gains 12,648.77
Total 4000 · EARNED INCOME 388,563.44
4500 · CONTRIBUTED INCOME
4520-01 · MC Gives 33,905.11
4501 · DONATIONS & PRIVATE GRANTS
4520.w · Donation - warehouse 32,000.00
4670 · Sponsors/Underwriters 14,785.12
4520 · Individual Donations 112,567.74
4525 · Individual Funds & Foundations 14,100.00
4530 · Board Donations 70,707.65
Total 4501 · DONATIONS & PRIVATE GRANTS 244,160.51
4570 · EDUCATION SoDA DONATIONS/GRANTS
4577 · Harden Foundation 15,000.00
4579 · Nancy Buck Ransom Foundation 20,000.00
4571 · SoDA Ind. Donations/Family Fdns 2,435.00
4573 · Chapman/Other SoDA Grants 2,776.86
Total 4570 · EDUCATION SoDA DONATIONS/GRANTS 40,211.86
4600 · SPECIAL EVENTS
4636 · Online Auction income 13,120.00
4661 · Event Sponsor-Individual 7,000.00
4662 · Event Sponsor-Business 8,500.00
4620 · Spring Event - Ticket Income 390.00
4625 · Spring Event - Auction Income 6,580.00
11:38 AM Pacific Repertory Theatre
02/15/22 Profit & Loss
Accrual Basis January through December 2021
See Accountants' Compilation Report Page 1
Attachment 11
Jan - Dec 21
7050 · Spring Event Expense (4,809.13)
4630 · Fall Event - Ticket Income 14,150.00
4635 · Fall Event - Auction Income 40,855.00
7060 · Fall Event Expense (9,163.74)
4660 · New Years/Other Events
Total 4600 · SPECIAL EVENTS 76,622.13
4700 · FOUNDATIONS & OTHER GRANTS
4705 · MAJOR FOUNDATIONS
4718 · Berkshire Foundation 40,000.00
4710 · Packard Foundation 70,000.00
4720 · CFMC Foundation(s) 5,842.37
4750 · Barnet Segal 10,000.00
4775 · Other Grants 2,500.00
Total 4705 · MAJOR FOUNDATIONS 128,342.37
4707 · GOVERNMENTAL
4707.01 · Federal Grant 365,330.00
4780 · State - SBA 25,000.00
4790 · City of Carmel 3,000.00
Total 4707 · GOVERNMENTAL 393,330.00
4709 · BUSINESS/OTHER
4850 · Service Clubs/Organizations 3,500.00
4890 · Business/Corp. Grants/Donations 4,675.15
Total 4709 · BUSINESS/OTHER 8,175.15
Total 4700 · FOUNDATIONS & OTHER GRANTS 529,847.52
Total 4500 · CONTRIBUTED INCOME 924,747.13
Total Income 1,313,310.57
Gross Profit 1,313,310.57
Expense
5000 · PAYROLL & CONTRACTS EXPENSE
5001 · ARTISTIC/PRODUCING SALARIES
5005 · Artistic Director 4,000.00
5185 · Tech/Assoc. Artistic Director 54,156.00
Total 5001 · ARTISTIC/PRODUCING SALARIES 58,156.00
5100 · ADMIN. SALARIES & CONTRACTS
5105 · Executive Director 86,037.12
5115 · Development & Marketing Exec. 36,666.72
5120 · Development Asst. 11,320.06
5125 · Business Manager 63,654.00
5130 · Box Office Manager 34,896.00
5140 · Marketing Manager 44,331.12
5150 · Marketing Assistant/Bookkeeper 4,345.86
5155 · Contract Marketing 11,750.00
Total 5100 · ADMIN. SALARIES & CONTRACTS 293,000.88
5169 · SoDA SALARIES
5170 · SoDA Administrators 2,107.50
5175 · SoDA Teachers 30,484.25
Total 5169 · SoDA SALARIES 32,591.75
5184 · PRODUCTION SALARIES
5431 · Master Carpenter- Hourly 8,155.00
5193 · Company Manager 20,147.50
Total 5184 · PRODUCTION SALARIES 28,302.50
11:38 AM Pacific Repertory Theatre
02/15/22 Profit & Loss
Accrual Basis January through December 2021
See Accountants' Compilation Report Page 2
Attachment 11
Jan - Dec 21
5200 · SEASONAL -DIRECTORS & DESIGNERS
5210 · Directors & Choreographers 3,000.00
5230 · Cstmr Designer (& Assts.) 4,200.00
5240 · Lighting Designers 3,800.00
Total 5200 · SEASONAL -DIRECTORS & DESIGNERS 11,000.00
5300 · SEASONAL - ACTORS & MUSICIANS
5310 · Artistic Company - Equity 200.00
5320 · Artistic Company - Non-Equity 25,025.00
5325 · Company Per Diems/Travel Exp. 5,692.34
5340 · Orchestra ($75 service) 1,900.00
5345 · MPC Registration 1,242.00
5350 · Contract Fees - Actors 300.00
5360 · Contract Fees - Musicians 2,750.00
Total 5300 · SEASONAL - ACTORS & MUSICIANS 37,109.34
5400 · SEASONAL - PRODUCTION PERSONNEL
5445 · Sound Operator 4,200.00
5435 · Electricians 6,178.75
5410 · Stage Managers/ASM's 4,015.00
5420 · House Managers 7,571.30
5430 · Carpenters/ME/Scenic 19,689.53
5440 · Board Ops/Crews 8,725.00
Total 5400 · SEASONAL - PRODUCTION PERSONNEL 50,379.58
5800 · PERSONNEL COSTS
5810 · Payroll Taxes 49,514.19
5820 · Workers Compensation Insurance 18,791.00
5830 · Benefits/Staff Health 107,537.25
5831 · Benefits / Staff Life Ins 3,969.01
5840 · Equity Health Ins(Co.) 317.49
58000 · PR Tax/WC - Capital Campaign (3,720.03)
5800 · PERSONNEL COSTS - Other 77.62
Total 5800 · PERSONNEL COSTS 176,486.53
5000 · PAYROLL & CONTRACTS EXPENSE - Other 19,735.47
Total 5000 · PAYROLL & CONTRACTS EXPENSE 706,762.05
6000 · ADMINSTRATIVE EXPENSE
6010 · Telephone 15,775.36
6020 · Office Postage & Delivery 2,262.91
6030 · Office Supplies 3,751.00
6040 · Dues/Subs/Permits/Taxes 12,747.95
6050 · Equipment Leases 15,778.91
6060 · Insurance 16,926.28
6070 · Auto Expense 4,287.77
6080 · Travel & Entertainment 105.17
6090 · Audit/Review Fees 24,164.80
6095 · Finance Charges/Penalties 913.61
6098 · Bank Charges/Returns 20,356.42
6099 · Administrative Exp - Misc. 1,307.17
6240 · Investment Expense 1,550.41
Total 6000 · ADMINSTRATIVE EXPENSE 119,927.76
6500 · FACILITY COSTS
6501 · Housing Expense 6,168.00
6511 · Soda classes/Field Trips 239.83
6505 · Warehouse 101,108.56
6510 · SoDA Classes/Studio 4,072.98
6515 · Forest Theatre Rent 17,111.30
6516 · Other Facility Rentals 6,987.00
6530 · G.B. Utilities 24,395.51
6540 · G.B. Security 1,571.73
11:38 AM Pacific Repertory Theatre
02/15/22 Profit & Loss
Accrual Basis January through December 2021
See Accountants' Compilation Report Page 3
Attachment 11
Jan - Dec 21
6560 · G.B. Janitorial Services 3,900.00
6570 · G.B. Facility Supplies 1,105.66
6580 · G.B. Maintenance & Repairs 2,396.31
6590 · G.B. Computer Systems 5,878.80
6585 · Condo - Repair & Maint. 76.04
Total 6500 · FACILITY COSTS 175,011.72
7000 · DEVELOPMENT EXPENSE
7020 · Fund Drive 1,549.47
7030 · Patron/Participant Recognition 71.02
7090 · Open/Closing Gala Expenses 864.17
7095 · Volunteer Event Expense 64.20
Total 7000 · DEVELOPMENT EXPENSE 2,548.86
8000 · MARKETING/PR
8010 · Newspapers/Print Ads 6,228.00
8020 · TV/Radio Ads 2,712.00
8025 · Web 4,931.97
8110 · Maint. Copier 3,040.07
8220 · Photo & Video/CD Production 1,032.99
8230 · Outside Copying & Printing 20.48
8305 · Lobby/Window/Exterior Displays 522.00
8310 · Entertainment/Cast Parties 2,354.94
8350 · Concession Inventory 13,403.34
8540 · Ticket Stock & Envelopes 216.32
8550 · Ticketing Service 4,634.76
Total 8000 · MARKETING/PR 39,096.87
9000 · PRODUCTION COSTS
9060 · Set Materials 18,682.37
9080 · Other Rentals 25,990.17
9115 · Properties & Weapons 2,165.78
9130 · Lighting 970.40
9150 · Sound 3,423.20
9305 · Costumes & Make Up Supplies 3,858.79
9430 · Royalties 15,157.40
9999 · Production Exp - Misc. 177.93
Total 9000 · PRODUCTION COSTS 70,426.04
Total Expense 1,113,773.30
Net Ordinary Income 199,537.27
Other Income/Expense
Other Income
4502 · CAMPAIGN INCOME
4502.11 · Capital Campaign Interest Inc. 9,374.16
4502.10 · Capital Campaign Dividend Inc. 287.26
4551 · Endowment fund contributions 25.00
4541 · Foundations-CAPITAL Camp/Restri 100,000.00
4531 · Board Member-CAPITAL Camp/Restr 145,284.95
4526 · Business-CAPITAL Camp/Restricte 5,000.00
4521 · Individuals-CAPITAL Camp/Restri 284,587.00
Total 4502 · CAMPAIGN INCOME 544,558.37
4510 · 457(b) Investment Earnings 6,935.68
10000 · Stabilization Fund 1,247.33
Total Other Income 552,741.38
Other Expense
5900 · CAMPAIGN DEVELOPMENT
5953 · Cap. Camp. Printing & Marketing 2,988.50
5951 · Capital Campaign Director 48,138.81
11:38 AM Pacific Repertory Theatre
02/15/22 Profit & Loss
Accrual Basis January through December 2021
See Accountants' Compilation Report Page 4
Attachment 11
Jan - Dec 21
Total 5900 · CAMPAIGN DEVELOPMENT 51,127.31
Total Other Expense 51,127.31
Net Other Income 501,614.07
Net Income 701,151.34
11:38 AM Pacific Repertory Theatre
02/15/22 Profit & Loss
Accrual Basis January through December 2021
See Accountants' Compilation Report Page 5
Attachment 11
Attachment 11
Attachment 11
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Attachment 11

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 2, 2023

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

Resolution 2023-056 Authorizing a Letter in Support of California AB 953 (Connolly and Hart) which will Develop a Statewide Voluntary Vessel Speed Reduction and Sustainable Shipping Program
RECOMMENDATION:

Consider adopting Resolution 2023-056 authorizing a letter of support for AB 953 (Connolly and Hart), to develop a statewide voluntary vessel speed (VSR) and sustainable shipping program.

BACKGROUND/SUMMARY:

Councilmember Ferlito requested that Council consider authorizing a letter of support for California Assembly Bill 953 (Connolly and Hart), which will develop a statewide voluntary vessel speed (VSR) and sustainable shipping program to reduce air pollution, the risk of fatal strikes on whales, and harmful underwater acoustic impacts.

Summary of AB 953:

This legislation will develop a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast. The bill would build upon the existing Protecting Blue Whales and Blue Skies program as well as any other existing local vessel speed reduction programs. Specifically, it will provide publicity to participants, collect data on program benefits, and will provide financial incentives to participants to the extent funding is available. This program would also expand the Protecting Blue Whales and Blue Skies program for coastal areas of Santa Barbara, Ventura, and the Bay Area, expanding to include Monterey, San Diego, San Luis Obispo, and the North Coast, which would yield additional public health and ecosystem benefits. This bill would task the Ocean Protection Council, in coordination with California air districts along the coast and in consultation with the United States Coast Guard, the federal Office of National Marine Sanctuaries, the federal Environmental Protection Agency, the United States Navy, the State Air Resources Board, and other stakeholders, to create a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast.

Since the Protecting Blue Whales and Blue Skies program’s inception in 2014 through 2021, it has achieved 526,211 slow-speed miles, a reduction of more than 2300 tons of oxides of nitrogen (NOx), a reduction of over 76,000 metric tons of greenhouse gas emissions, and an estimated 50 percent decreased risk of fatal whale strikes during prime migration season in the targeted coastal areas. This program has encouraged ocean-going container vessels and other ships to voluntarily travel 10 knots or less in the designated areas to reduce air pollution and harmful whale strikes by providing small incentives and publicity to program participants.

Every year, the world’s largest container ships and auto carriers make thousands of transits along the California coast, with an estimated 120 tons per day of NOx, a major contributor to smog and acid rain, being emitted within 100 nautical miles of the coast. These emissions negatively affect the public health of coastal communities and cause some areas of the coast to exceed national and state ambient air quality standards. However, ocean-going vessels are not subject to any state or federal engine requirements intended for emissions reductions.

Pollution from mobile sources, such as cars, trucks, and ships, accounts for approximately seventy percent of emissions throughout the Monterey, Santa Cruz, and San Benito County. Reducing mobile source emissions will have a beneficial effect on air quality and help to improve public and environmental health along California's coast, including Carmel-by-the-Sea.

Recommendation:

Consider adopting Resolution 2023-056 authorizing a letter of support for AB 953 (Connolly and Hart), to develop a statewide voluntary vessel speed (VSR) and sustainable shipping program. If adopted, staff will send the draft letter (attachment 2) to the Assembly Committee on Water, Parks, and Wildlife.

Alternatives:

Council could choose not to adopt the Resolution approving sending a letter of support for AB 953.

FISCAL IMPACT:

None for this action
PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:

Attachment 1) Resolution 2023-056
Attachment 2) Draft Letter of Support for AB 953
Attachment 3) Text of AB 953 (Connolly and Hart) latest draft

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-056

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING A LETTER IN SUPPORT OF CALIFORNIA AB 953 (CONNOLLY AND HART) WHICH WILL DEVELOP A

STATEWIDE VOLUNTARY VESSEL SPEED REDUCTION AND SUSTAINABLE SHIPPING PROGRAM WHEREAS, every year, the world’s largest container ships and auto carriers make thousands of transits along the California coast, with an estimated 120 tons per day of NOx, a major contributor to smog and acid rain, being emitted within 100 nautical miles of the coast; and WHEREAS, these emissions negatively affect the public health of coastal communities and cause some areas of the coast to exceed national and state ambient air quality standards; and WHEREAS, ship strikes also pose a major threat to whales during prime migration season, especially in regions such as the Monterey Coast that serve as a primary feeding ground and migratory route for humpbacks and other endangered whale species; and
WHEREAS, traveling at a speed of 10 knots or less has been found to decrease a vessel’s risk of fatal collisions with whales significantly; and
WHEREAS, California Assembly Bill 953 (Connolly and Hart) will develop a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast; and WHEREAS, AB 953 would task the Ocean Protection Council, in coordination with California air districts along the coast and in consultation with the United States Coast Guard, the federal Office of National Marine Sanctuaries, the federal Environmental Protection Agency, the United States Navy, the State Air Resources Board, and other stakeholders, to create the program; and WHEREAS, AB 953 aims to build upon the existing Protecting Blue Whales and Blue Skies program by expanding to include Monterey, San Diego, San Luis Obispo, and the North Coast, which would yield additional public health and ecosystem benefits; and
WHEREAS, since its implementation, the Protecting Blue Whales and Blue Skies program has resulted in an estimated reduction of more than 76,000 tons of greenhouse-gas emissions and a 50 percent estimated decrease in whale strikes, as well as contributed to reduced levels of ocean noise; and WHEREAS, the passage of AB 953 will have a beneficial effect on air quality, reduce risk of fatal vessel strikes on whales, and help to improve public and environmental health along California's coast, including Carmel-by-the-Sea.

Attachment 1
Resolution 2023-056

Page 2 of 2 ends

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:

Supports AB 953, which will develop a statewide voluntary vessel speed and sustainable shipping program, and authorizes staff send a letter of support for AB 953 to be sent to the Assembly Committee on Water, Parks, and Wildlife.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
May 3, 2023
The Honorable Rebecca Bauer‐Kahan
Chair, Assembly Committee on Water,
Parks, and Wildlife 1020 N Street, Room
160
Sacramento, CA 95814
RE: AB 953 (Connolly and Hart) – Voluntary Vessel Speed Reduction & Sustainable Shipping Program Dear Chair Bauer‐Kahan:

The City of Carmel-by-the-Sea City Council is pleased to support AB 953 (Connolly and Hart).

This legislation will develop a statewide voluntary vessel speed reduction (VSR) and sustainable shipping program for the California coast to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. Specifically, the statewide program will provide publicity to participants, collect data on program benefits, and will provide financial incentives to participants to the extent funding is available. This program would build upon the existing Protecting Blue Whales and Blue Skies VSR program for coastal areas of Santa Barbara, Ventura, and the Bay Area, expanding to include Monterey, San Diego, San Luis Obispo, and the North Coast, which would yield additional public health and ecosystem benefits. This bill would task the Ocean Protection Council, in coordination with California air districts along the coast and in consultation with the United States Coast Guard, the federal Office of National Marine Sanctuaries, the federal Environmental Protection Agency, the United States Navy, the State Air Resources Board, and other stakeholders, to create a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast.

Since the Protecting Blue Whales and Blue Skies program’s inception in 2014 through 2021, it has achieved 526,211 slow‐speed miles, a reduction of more than 2,300 tons of oxides of nitrogen (NOx), a reduction of over 76,000 metric tons of greenhouse gas emissions, and an estimated 50 percent decreased risk of fatal whale strikes during prime migration season in the targeted coastal areas. This program has encouraged ocean‐going container vessels and other ships to voluntarily travel 10 knots or less in the designated areas to reduce air pollution and harmful whale strikes by providing small incentives and publicity to program participants.

Every year, the world’s largest container ships and auto carriers make thousands of transits along the California coast, with an estimated 120 tons per day of NOx, a major contributor to smog and acid rain, being emitted within 100 nautical miles of the coast. These emissions negatively affect the public health of coastal communities and cause some areas of the coast to exceed national and state ambient air quality standards. However, ocean‐going vessels are not subject to any state or federal engine requirements intended for emission reductions.

Attachment 2
As a coastal town in Monterey County, Carmel-by-the-Sea is supportive of legislation to reduce pollution from mobile sources,such as cars, trucks and ships. Reducing mobile source emissions will have a beneficial effect on air quality and help to improve public and environmental health along California’s coast, including Monterey and Santa Cruz Counties.

On behalf of the City Council of Carmel-by-the-Sea, we appreciate the opportunity to submit our comments on this important piece of legislation and urge you to support AB 953 when it comes before you for consideration.

Sincerely,
Dave Potter
Mayor
Carmel-by-the-Sea
cc: The Honorable Damon Connolly,
Assemblymember, 12th District
The Honorable Gregg Hart, Assemblymember,
37th District
Members of the Assembly Committee on Water,
Parks, and Wildlife
Attachment 2
AMENDED IN ASSEMBLY APRIL 19, 2023
AMENDED IN ASSEMBLY MARCH 29, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 953
Introduced by Assembly Members Connolly and Hart
(Coauthors: Assembly Members Bennett, Davies, Pellerin, and Weber)
February 14, 2023
An act to add Section 35618 to the Public Resources Code, relating to coastal resources.
legislative counsel’s digest
AB 953, as amended, Connolly. Coastal resources: voluntary vessel speed reduction and sustainable shipping program.

Existing law establishes the Ocean Protection Council in state government to, among other things, establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies. Existing law requires the council to develop and implement a voluntary sustainable seafood promotion program for the state, to consist of specified components, including a competitive grant and loan program for eligible entities, including, but not limited to, fishery groups and associations, for the purpose of assisting California fisheries in qualifying for certification to internationally accepted standards for sustainable seafood.

This bill would require the council, on or before May 1, 2025, January 1, 2026, in coordination and in consultation with various entities, including the State Air Resources Board, to implement a statewide

96 Attachment 3
voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. The bill would require the program to expand a certain existing program and build upon other existing vessel speed reduction programs and would authorize the program to include specified components, including, upon an appropriation by the Legislature, financial including incentives to program participants based on a percentage of distance traveled by a participating vessel, vessel at a reduced speed, as provided. The bill would require the council, on or before December 31, 2026, to submit a report to the Legislature regarding the implementation of the program.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares all of the line 2 following:
line 3 (a)  California’s seaports are North America’s primary intermodal line 4 gateway to Asia and Transpacific trade. Maritime industry activities line 5 at California’s public seaports are responsible for employing more line 6 than 500,000 people in the state. Nationwide, more than 2,000,000 line 7 jobs are linked to maritime industry business conducted at line 8 California’s public seaports, contributing to California having the line 9 largest state economy in the United States.
line 10 (b)  Every year, the world’s largest container ships and auto line 11 carriers make thousands of transits along the California coast, with line 12 an estimated 120 tons per day of nitrogen dioxides, an ozone line 13 precursor, being emitted within 100 nautical miles of the coast. line 14 These emissions negatively affect the public health of coastal line 15 communities and cause some areas of the coast to be in line 16 nonattainment with the national ambient air quality standards for line 17 ozone and particulate matter.
line 18 (c)  Since 2014, the Santa Barbara County Air Pollution Control line 19 District, the Ventura County Air Pollution Control District, and line 20 the Bay Area Air Quality Management District, with the federal line 21 Office of National Marine Sanctuaries, marine sanctuary line 22 foundations, and environmental groups, have administered and line 23 promoted the Blue Whales and Blue Skies Program, a voluntary line 24 vessel speed reduction program off the Santa Barbara, Ventura, 96 AB 953 — 2 —
Attachment 3
line 1 and Bay Area coasts to encourage transit speeds of 10 knots or line 2 less to reduce air pollution, the risk of harmful whale strikes, and line 3 the level of ocean noise.
line 4 (d)  Since its inception, through 2021, the Protecting Blue Whales line 5 and Blue Skies Program has provided small incentives and line 6 publicity to program participants and has achieved 526,211 slow line 7 speed miles, a reduction of more than 2,300 tons of nitrogen oxides, line 8 a reduction of over 76,000 metric tons of regional greenhouse gas line 9 emissions, and an estimated 50 percent decreased risk of whale line 10 strikes during prime migration season in the affected coastal areas. line 11 (e)  This highly cost-effective voluntary pollution reduction line 12 program benefits public health, protects the marine ecosystem, line 13 and showcases the beneficial partnership between shipping line 14 companies, public health agencies, marine sanctuaries, and line 15 environmental organizations.
line 16 (f)  Creation of a statewide vessel speed reduction program and line 17 expansion to other areas of the California coast, including the San line 18 Diego and Monterey coasts and the North Coast, would yield line 19 additional public health and ecosystem benefits. line 20 SEC. 2. Section 35618 is added to the Public Resources Code, line 21 to read:
line 22 35618. (a)  On or before May 1, 2025, January 1, 2026, the line 23 council shall, in coordination with air pollution control districts line 24 and air quality management districts along the coast and in line 25 consultation with the federal Office of National Marine Sanctuaries, line 26 the federal Environmental Protection Agency, the United States line 27 Navy, the United States Coast Guard, and the State Air Resources line 28 Board, and maritime industry, implement a statewide voluntary line 29 vessel speed reduction and sustainable shipping program for the line 30 California coast in order to reduce air pollution, the risk of fatal line 31 vessel strikes on whales, and harmful underwater acoustic impacts. line 32 (b)  The program shall expand the existing Protecting Blue line 33 Whales and Blue Skies Program and build upon other existing line 34 vessel speed reduction programs and may include all of the line 35 following components: components developed in a manner that line 36 is consistent with how the program components were developed line 37 for the Protecting Blue Whales and Blue Skies Program:
line 38 (1)  A marketing program to engage cargo owners and other line 39 commercial interests to promote voluntary vessel speed reduction 96 — 3 — AB 953
Attachment 3
line 1 and sustainable shipping, and an acknowledgment of the program’s line 2 participants.
line 3 (2)  Data collection on ship speeds along the California coast in line 4 order to analyze the program for future refinement, expansion, or line 5 both.
line 6 (3)  Data collection on underwater acoustic impacts or fatal line 7 vessel strikes on whales, to the extent data is available. line 8 (4)  Data collection and consideration of on the regional air line 9 quality impacts on the coast and the local air quality and other line 10 environmental impacts to air quality in coastal disadvantaged line 11 communities from oceangoing vessel traffic. traffic, as collected line 12 and provided by the regional air pollution control districts and line 13 air quality management districts.
line 14 (5)  Financial incentives Incentives to program participants based line 15 on a percentage of distance traveled by a participating vessel at a line 16 reduced speed, including speed zones at 10 knots or less, to the line 17 extent that local, state, local or federal funding is made available line 18 pursuant to an appropriation by the Legislature. available. line 19 (6)  Development of vessel speed reduction zones along the coast line 20 that take into account navigational safety, protected marine line 21 mammal migration and breeding seasons, federal marine line 22 sanctuaries and state marine protected areas, shipping lanes, and line 23 any other relevant variables.
line 24 (7)  Seasonality of the program.
line 25 (8)  Description of covered vessels.
line 26 (c)  The program shall exclude any ocean territories that are line 27 covered by any vessel speed reduction program other than the line 28 Protecting Blue Whales and Blue Skies Program or a memorandum line 29 of understanding entered into before January 1, 2024. line 30 (c)
line 31 (d)  The council may impose additional qualifying criteria on line 32 program participants in order to receive financial incentives under line 33 the program, including, but not limited to, individual transit speeds, line 34 such as maximum speed in transit or maximum transit average line 35 speed.
line 36 (d)  The council shall provide financial incentives pursuant to line 37 this section upon appropriation by the Legislature. line 38 (e)  (1)  On or before December 31, 2026, the council shall line 39 submit a report to the Legislature regarding the implementation line 40 of the program.
96 AB 953 —
4 —
Attachment 3
line 1 (2)  The report required in paragraph (1) shall be submitted in line 2 compliance with Section 9795 of the Government Code. line 3 (3)  Pursuant to Section 10231.5 of the Government Code, the line 4 requirement for submitting a report imposed by paragraph (1) is line 5 inoperative on December 31, 2030.

O
96 — 5 — AB 953
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 2, 2023

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach
RECOMMENDATION:

1. Request the City Attorney to read the title of Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach.

2. Motion to waive further reading and adopt Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach and finding that this Urgency Ordinance is exempt from CEQA.

BACKGROUND/SUMMARY:

On November 11, 2022, City Council amended CDP 18-231, which originally authorized the Beach Fire Management Pilot Program, extending the “life” of the Pilot Program until May 15th, 2023. This was done prevent reversion back to section 17.20.200 of the City’s Municipal Code, which allows wood fires to be built in the sand year-round. Council also gave staff direction to begin drafting policy language to make the prohibition on wood burning fires permanent, and to only allow propane devices on Carmel Beach.

On March 8, 2023, staff presented to the City Council a Staff Report for a policy discussion on an early Draft Ordinance Amending Municipal Code Section 17.20.200 E (Recreational Beach Fires on Carmel Beach). Council provided policy feedback and direction to staff to move ahead with a permanent ordinance to allow only user supplied propane fire devices on Carmel Beach. In other words, to ban wood burning fires on the beach. This effort is currently underway.

A copy of the March 8th Staff Report is included as Attachment 1 to this Staff Report. The March 8 report also includes a draft Ordinance Amending Section 17.20.200 E and a description of the contents of that draft Ordinance.

A regular ordinance requires an introduction (first reading) and adoption (second reading) and then the ordinance becomes effective 30 days after the second reading. Ordinances amending Title 17 of the Municipal Code also require a recommendation from the Planning Commission, and ultimately certification by the Coastal Commission.

Since the current Pilot Program is set to expire on May 15th, 2023, staff is requesting the City Council to adopt an Urgency Ordinance (Attachment 2) in order to allow more time for the regular ordinance to be processed and take effect. This Urgency Ordinance will remain in place until the regular ordinance is presented to the City Council and becomes effective following Coastal Commission certification. If the Urgency Ordinance is not adopted, the rules regarding fires on Carmel Beach will revert to section

17.20.200 of the City’s Municipal Code, which allows wood fires to be built in the sand year-round.

FISCAL IMPACT:

Staff time associated with processing the regular ordinance to amend the Municipal Code is captured in the Fiscal Year 2022/2023 City budget
PRIOR CITY COUNCIL ACTION:

The City Council has had extensive discussion on this topic in the past, and gave definitive direction on March 9, 2023. This agenda report and the recommendation contained herein reflect Council direction.

ATTACHMENTS:

Attachment 1) March 8, 2023, Staff Report with attachment Attachment 2) Proposed Urgency Ordinance Regarding Recreational Beach Fires on Carmel Beach 1 CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 8th, 2023
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Director of Community Planning and Building APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Early policy discussion of Draft Ordinance Amending Municipal Code Section 17.20.200 E (Recreational Beach Fires on Carmel Beach)
RECOMMENDATION:

Provide early policy feedback on Draft Ordinance Amending Municipal Code Section 17.20.200 E (Recreational Beach Fires on Carmel Beach) and provide direction to staff.

BACKGROUND/SUMMARY:

The Beach Fire Management Pilot Program (‘Pilot Program’) was first adopted on June 30, 2016, through the approval of a Coastal Development Permit (CDP 18-231), in response to issues associated with unrestricted fires on Carmel Beach. The Pilot Program, was intended to provide the City with an opportunity to explore various beach-fire options, with the ultimate goal of making permanent changes to the beach-fire rules through a Local Coastal Program amendment.

From the 2016 to 2022 season, the Pilot Program took several different shapes with various numbers of devices allowed on the beach. This period also included limited use of the beach due to Covid-19 restrictions.

On September 13th, 2022, City Council received a report based on information gathered during the pilot program, and provided direction to staff to draft new regulations regarding fires on Carmel Beach. The Council’s direction was to allow only user-supplied, propane fueled fire devices on the beach, with the burning of wood strictly prohibited. As part of this action, Council also extended the Pilot Program to May 15th, 2023, which keeps regulations in place prohibiting all fires on the beach during this period. If an ordinance is not adopted and certified by May 15th, 2023, Council will need to take some additional temporary measures to control beach fires (e.g.: Urgency Ordinance), or the regulations will revert to the existing Municipal Code which allows an unlimited number of wood fires to be built yearround in the sand.

Council is being asked for early policy level feedback on the draft regulations to prohibit wood burning fires on Carmel Beach, and only allow user-supplied propane devices. Following this direction, staff will begin the adoption hearing process, which includes obtaining a recommendation from the Planning Commission, and returning to Council for two readings of the final draft ordinance before going to the Coastal Commission.

Proposed Ordinance Language
Attachment 1
2 The City of Carmel By-The-Sea Municipal Code Section 17.20.200.E currently allows the burning of wood on Carmel Beach. Through the pilot program, it was noted that burning of wood and other combustible materials:

1. Poses a risk of polluting Carmel Beach and the Carmel Bay State Marine Conservation Area, which is an Area of Special Biological Significance (ASBS) and therefore a State Water Quality Protection Area.

2. Poses a risk of starting a fire given the beach's close proximity to homes and the urban forest of Carmel-by-the-Sea and the potential for embers to be blown back from the beach; and.

3. Creates a potentially hazardous situation for members of the public wishing to access the beach due to the risk of stepping on buried coals or partially burned materials such as pallets, broken glass, aluminum cans and other materials.

The existing language in Section 17.20.200.E of the Municipal Code provides as follows:

E. Recreational Fires on Carmel Beach. All fires on Carmel Beach shall meet the following requirements:

1. Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide; provided, that all of the following conditions are met:
a. The base of the fire shall be defined as the level at which the lowest burnable material or ash is located, and it shall be on the beach sand unless the fire is in a hibachi, charcoal grill or other like receptacle, in which case the base shall be a horizontal plane touched by the lowest burning material. b. The burnable material used in the fire shall not extend more than two feet above the base of the fire. c. Flames from the fire shall not extend into the air more than five feet from the base of the burnable material in the fire.
d. The longest horizontal straight-line distance through the base of the fire shall not exceed four feet. e. Flammable liquids other than charcoal starter shall not be used in any manner in connection with starting or maintaining the fire.
f. No fire shall be built, lit, or maintained on any slope or within 25 feet of any wall, vegetation or combustible material not intended to be used in the fire. g. All flammable coals, embers or burning material shall be extinguished with sea water by the person or persons building, lighting or maintaining the fire prior to said person or persons leaving the beach. h. The extinguished remains of all fires shall be left exposed and not covered with sand. i. Building, lighting, maintaining or causing or permitting to build light or maintain a fire in violation of any of the above conditions shall be an infraction.
j. Penalties. Any person who shall violate any of the provisions of this chapter that necessitates the response of the Fire Department shall be guilty of an infraction punishable by a fine of not more than $50.00 per hour or portion thereof, not to exceed $500.00.

The Draft Ordinance (Attachment 1) would fully replace Municipal Code Section 17.20.200.E and would read as follows:

Attachment 1
3 E. Recreational Fires on Carmel Beach. Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide; provided, that all of the following requirements are met:

1. Propane fire devices are the only type of fires which are permitted. No burning of wood or any other substances on the beach is permitted.

2. Propane devices must be supplied by the user.

3. All propane fire devices and propane tanks must be UL listed and in safe working order

4. No materials of any kind shall be placed into or onto the propane devices to be burned

5. These requirements apply every day of the year.

6. The violation of any of the requirements in this Section shall be an infraction or misdemeanor subject to the penalties set forth in Section 1.16.010 of this Code. An infraction shall be punished as follows:
(1). By a fine not exceeding $100.00 for each violation; (2) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding $200.00 for each violation; and (3) For a third and any subsequent infraction occurring within one year of two or more infractions which resulted in convictions, a fine not exceeding $500.00 for each violation. Every person convicted of a violation of this code determined to be a misdemeanor shall be punished as follows: (1) by a fine not exceeding $1,000; and/or (2) Imprisonment for a term not exceeding six months.

The Draft Ordinance would make no change to existing Municipal Code Section 17.20.200.D which only regulates the time and location of fires as follows:

D. Location and Time Limits on Beach Fires. No person, firm, corporation or other entity shall build, light, maintain, cause or permit to be built, lighted or maintained any open or outdoor fire on any public beach designated by the City after the hour of 10:00 p.m. No fires shall be permitted at any time on the slopes leading thereto within the City. This prohibition is applicable to all that beach and slope area lying west of Scenic Road and south of Ocean Avenue to the southern City boundary. No fires shall be permitted at any time on all that beach and slope area lying west of San Antonio from Ocean Avenue to the northern City boundary. The prohibition against all fires on all the beach that lies at or below the high tide line shall extend from 10:00 p.m. on the day it commences until 7:00 a.m. the following day.

Staff is requesting early policy level feedback on this draft language before proceeding with the adoption hearing process.

FISCAL IMPACT: Staff time associated with processing this municipal code amendment is captured in the Fiscal Year 2022/2023 City budget
PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1 - Draft Ordinance Amending Municipal Code Section 17.20.200 E (Recreational Beach Fires on Carmel Beach)
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
DRAFT ORDINANCE NO. 2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING CITY OF CARMEL BY-THE-SEA MUNICIPAL CODE SECTION 17.20.200 E REGULATIONS

INCORPORATED FROM OTHER TITLES (RECREATIONAL FIRES ON CARMEL BEACH)

RECITALS
WHEREAS, City Of Carmel By-The-Sea Municipal Code Section 17.20.200 E currently permits the burning of wood at the Carmel Beach; and
WHEREAS, burning of wood and other combustible materials poses a risk of polluting Carmel Beach and the Carmel Bay State Marine Conservation Area, which is an Area of Special Biological Significance (ASBS) and therefore a State Water Quality Protection Area; and WHEREAS, burning of wood and other combustible materials poses a risk of starting a fire given the beach's close proximity to homes and the urban forest of Carmel-by-the-Sea and the potential for embers to be blown back from the beach; and.

WHEREAS, burning of wood and other combustible materials creates a potentially hazardous situation for members of the public wishing to access the beach due to the risk of stepping on buried coals or partially burned materials such as pallets, broken glass, aluminum cans and other materials.

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

SECTION 1.

1. The City Council of the City of Carmel-by-the-Sea does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

2. GENERAL PLAN CONSISTENCY PLACEHOLDER
SECTION 2.

City Of Carmel By-The-Sea Municipal Code Section 17.20.200 E Regulations Incorporated From Other Titles (Recreational Fires On Carmel Beach) is hereby repealed and replaced with the text as shown in Exhibit A attached hereto.

SECTION 3. CEQA PLACEHOLDER
SECTION 4. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Attachment 1
The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.

SECTION 5. Effective Date. This Ordinance shall take effect on the later of (i) 30 days after its final passage by the City Council of the City of Carmel-by-the-Sea or (ii) certification of the Ordinance passed by the City Council by the California Coastal Commission in accordance with the California Coastal Act.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk

Attachment 1

EXHIBIT A
E. Recreational Fires on Carmel Beach. Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide; provided, that all of the following requirements are met:

1. Propane fire devices are the only type of fires which are permitted. No burning of wood or any other substances on the beach is permitted.

2. Propane devices must be supplied by the user.

3. All propane fire devices and propane tanks must be UL listed and in safe working order

4. No materials of any kind shall be placed into or onto the propane devices to be burned

5. These requirements apply every day of the year.

6. The violation of any of the requirements in this Section shall be an infraction or misdemeanor subject to the penalties set forth in Section 1.16.010 of this Code.

An infraction shall be punished as follows: (1).By a fine not exceeding $100.00 for each violation; (2) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding $200.00 for each violation; and (3) For a third and any subsequent infraction occurring within one year of two or more infractions which resulted in convictions, a fine not exceeding $500.00 for each violation. Every person convicted of a violation of this code determined to be a misdemeanor shall be punished as follows: (1) by a fine not exceeding $1,000; and/or (2) Imprisonment for a term not exceeding six months.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2023-004

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

REGARDING WOOD BURNING FIRES ON CARMEL BEACH

RECITALS
WHEREAS, City Of Carmel By-The-Sea Municipal Code Section 17.20.200.E currently permits the burning of wood at the Carmel Beach; and
WHEREAS, burning of wood and other combustible materials poses a risk of polluting Carmel Beach and the Carmel Bay State Marine Conservation Area, which is an Area of Special Biological Significance (ASBS) and therefore a State Water Quality Protection Area; and WHEREAS, burning of wood and other combustible materials poses a risk of starting a fire given the beach's close proximity to homes and the urban forest of Carmel-by-the-Sea and the potential for embers to be blown back from the beach; and.

WHEREAS, burning of wood and other combustible materials creates a potentially hazardous situation for members of the public wishing to access the beach due to the risk of stepping on buried coals or partially burned materials such as pallets, broken glass, aluminum cans and other materials; and
WHEREAS, the Pilot Program of the City prohibiting burning of wood at the Carmel Beach expires on May 15, 2023; 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 to allow the City sufficient time to adopt a regular ordinance to implement the restrictions on recreational fires on Carmel Beach.

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- by- the-Sea incorporates the Recital 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.

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 2
SECTION 4. Recreational Fires on Carmel Beach. Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue provided, that all of the following requirements are met:

1. Propane fire devices are the only type of fires which are permitted. No burning of wood or any other substances on the beach is permitted.

2. Propane devices must be supplied by the user.

3. All propane fire devices and propane tanks must be UL listed and in safe working order

4. No materials of any kind shall be placed into or onto the propane devices to be burned

5. These requirements apply every day of the year.

6. The violation of any of the requirements in this Section shall be an infraction or misdemeanor subject to the penalties set forth in Section 1.16.010 of this Code.

An infraction shall be punished as follows: (1).By a fine not exceeding $100.00 for each violation; (2) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine not exceeding $200.00 for each violation; and (3) For a third and any subsequent infraction occurring within one year of two or more infractions which resulted in convictions, a fine not exceeding $500.00 for each violation. Every person convicted of a violation of this code determined to be a misdemeanor shall be punished as follows: (1) by a fine not exceeding $1,000; and/or (2) Imprisonment for a term not exceeding six months.

Section 5. Authorization of City Code Compliance Coordinator. Pursuant to California Penal Code § 836.5, the City Code Compliance Coordinator is authorized to issue criminal citations following the procedures set forth in California Penal Code §§ 853.5 through 853.6a, or such other procedures as the State of California may 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 6. Authorization of City Administrator. The City Administrator Services and his/her designee(s) are hereby authorized to take all necessary action to implement and enforce this Urgency Ordinance.

Section 7. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of Urgency Ordinance. The City Council declares that it would have passed this Urgency Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Urgency Ordinance would be subsequently declared invalid or unconstitutional.

Section 8. 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.

Attachment 2
Section 9. 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 2nd day of May,2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 2, 2023

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Evan Kort, Associate Planner
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

APP 23-031 (Esperanza Carmel) - Consideration of an Appeal by Esperanza Carmel (APP 23-031), of the Historic Resources Board’s decisions to: 1) List the Northern California Savings and Loan Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources, and; 2) Issue a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings and Loan Community Room located at the southeast corner of Dolores Street and 7th Avenue, in the Service Commercial (SC) Zoning District.

RECOMMENDATION:

Staff recommends the City Council:

1. Adopt Resolution 2023-051 (Attachment 1) denying the appeal by Esperanza Carmel (APP 23-031) and upholding the Historic Resources Board’s decision to list the Northern California Savings and Loan Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources located at the southeast corner of Dolores Street and 7th Avenue, in the Service Commercial (SC) Zoning District, APNs: 010-145-002, 010-145-023, 010-145-024.

2. Adopt Resolution 2023-052 (Attachment 2) denying the appeal by Esperanza Carmel (APP 23-031) and upholding the Historic Resources Board’s decision to issue a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings and Loan Complex Community Room from APN 010-145-023 to APN 010-145-002.

BACKGROUND/SUMMARY:

EXECUTIVE SUMMARY:

Esperanza Carmel Commercial LLC has appealed the Historic Resources Board’s (HRB) decisions to list the Northern California Savings and Loan Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources, as well as the Board’s decision to issue a Finding of Noncompliance with the Secretary of the Interior’s Standards for a project which proposed to relocate the Northern California Savings and Loan Community Room on the site. The Board made both decisions at their January 23, 2023 meeting and adopted Resolutions 2023-01-HRB and 2023-02-HRB unanimously.

BACKGROUND/ PROJECT DESCRIPTION
The Northern California Savings and Loan Complex, (the complex has also been referred to as 7th & Dolores, and Palo Alto Savings and Loan Complex –all the same site) consisting of a bank building and detached Community Room building (currently the 7th and Dolores Restaurant), was constructed in 1972 and was designed by noted architects, Walter Burde and William Shaw, both of whom are listed in the City’s Historic Context Statement. While the Northern California Savings and Loan Complex is characteristic of the Bay Region style of architecture, which is described in the Historic Context Statement, and designed by noted architects, the complex was deemed ineligible for listing on the City’s Historic Inventory as well as the National Register in 2019. This determination of Ineligibility for listing as a local resource was issued by the City Council following an appeal of the HRB decision at the time to add the property to the City’s Historic Inventory. This Determination of Ineligibility for listing expired on October 26, 2022 pursuant to City code, because the building turned 50 years old (refer to Attachment 8).

On October 4, 2022, an application, Design Review DR 22-310 (D&K Dolores), was submitted for the proposed relocation of the Community Room from the south side of the original bank building, to the east side. On November 4, 2022, a Completeness Review letter was provided to the applicant which stated the application was incomplete, and listed additional application items required. Included in the Completeness Review letter was direction to the applicant to submit for a Historic Evaluation consistent with CMC

17.32.050.B which states, “No application for property development shall be deemed complete unless it includes a determination that the property is either eligible or ineligible for the Carmel Inventory.” While a previous determination of ineligibility for the Carmel Inventory had been made by City Council, (refer to Attachment 8), pursuant to City code, “Determinations of ineligibility shall be valid for a period of five years from the date of issuance except for properties developed less than 50 years prior to the determination, but more than 45 years prior to the determination, and which are ineligible for the Carmel Inventory primarily due to insufficient age. All such determinations of ineligibility shall be valid only until the building, structure or object reaches the age of 50 years” (CMC 17.32.060.D.4).

As the previous Determination of Ineligibility was issued when the building was less than 50 years old, but greater than 45 (issued at 48 years old), the previous Determination of Ineligibility is no longer valid and the building is required to be re-evaluated for the Carmel Inventory as the property has now reached sufficient age for listing on the inventory.

Notwithstanding the prior decision to not list the building on the local inventory, it was previously determined by three separate qualified professionals (architectural historians) that the site is eligible for listing on the California Register of Historic Resources (CRHR) and the complex, as a whole, is a historic resource for the purposes of the California Environmental Quality Act (CEQA). Whether or not the Complex is listed on the local inventory, the complex is considered a historic resource for the purposes of CEQA and subject to the requirements of the city’s historic preservation ordinance (CMC 17.32) since the Complex has been determined to be eligible for listing on CRHR.

As part of the review of the project, Phase I and Phase II Historic Evaluations were prepared for the site and project. The Phase I evaluation evaluated whether the site is eligible for listing on the local inventory as a historic resource, and the Phase II evaluation evaluated whether the proposed project was consistent with the Secretary of the Interior’s Standards. Both evaluations were required pursuant to the city’s historic preservation ordinance, CMC 17.32. Both the Phase I and Phase II evaluations were prepared by PAST Consultants, LLC, one of the city’s retained qualified professionals who provides historic preservation services.

The Phase I Evaluation concluded that the site is eligible for listing on the local inventory and register as a primary historic resource, and is also eligible for listing on the California Register of Historic Resources (refer to Attachment 4). The Phase II Evaluation concluded that the alterations to the site proposed by the applicant would not meet the Secretary of the Interior’s Standards and therefore would have an adverse impact to the resource (refer to Attachment 5).

The staff report from the January 23, 2023 Historic Resources Board meeting provides a more detailed analysis for both evaluations (click here for the January 23, 2023 Staff Report). The video of the hearing is also available online (click here for YouTube link, or click here for NovusAgenda video link).

The Historic Resources Board considered both evaluations at their January 23, 2023 meeting and adopted two resolutions (refer to Attachment 6) unanimously:

1. Resolution 2023-01-HRB: A Resolution of the Historic Resources Board of the City of Carmel-bythe-Sea adding a property known as the “Northern California Savings and Loan Complex” located at the southeast corner of Dolores Street and 7th Avenue in the Service Commercial (SC) Zoning District to the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources; APNs: 010-145-002, 010-145-023, 010-145-024

2. Resolution 2023-02-HRB: A Resolution of the Historic Resources Board of the City of Carmel-bythe-Sea issuing a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings And Loan Complex Community Room from APN 010- 145-023 to APN 010-145-002
Following the HRB hearing, Esperanza Carmel Commercial LLC, (“Appellant”) submitted a timely appeal of the two subject HRB decisions. While a De Novo hearing, this staff report discusses the appeal documents submitted by the appellant as the basis for the appeal (refer to Attachment 3); a detailed analysis of the Phase I and Phase II evaluations can be found in the January 23, 2023 HRB Staff Report.

STAFF ANALYSIS
At the subject hearing, the HRB took two actions:

1. Listing the complex on the Carmel Inventory and Carmel Register of Historic Resources; and,

2. Adopting a finding of Non-Compliance with the Secretary of Interior’s Standards for the proposed relocation of the Community Room.

The appeal filed by the Appellant (Attachment 3) is without merit as it fails to address why either of the actions listed above are incorrect or should be overturned based on factual evidence that was applicable to the decisions made by the HRB at the subject hearing. The appellant’s primary appeal contention focuses on the city’s development process, which is outlined in the municipal code, and not the actual decision made by the HRB. Additionally, neither the appellant, nor a representative of the appellant spoke at or provided written statements for the HRB hearing objecting to the staff recommendation, or the conclusions of the two evaluations.

As the grounds for appeal are without merit and there is no supporting evidence, documentation, of findings to overturn the decisions made by the HRB, staff recommends the City Council deny the appeal.

Notwithstanding this recommendation, staff has provided a response to the appeal documents (refer to Attachment 3).

Appeal Attachment A

1. From Appeal Letter: “The subject property was purchased, on June 25, 2020, on the premise the Northern California Savings and Loan Community Room Annex Building would not be treated as historic.

Prior to purchasing the property, this was supported by the June 17th, 2020 addendum to the phase one evaluation prepared by Meg Clovis” (one of the consultants that provides historic preservation consulting services to the City).

Response: Prior to the purchase of the property, it was communicated to the architect retained by the owner, as well as Esperanza Carmel, via email on May 30, 2020, that the subject property was eligible for listing on the California Register of Historic Resources (CRHR) and is therefore subject to the California Environmental Quality Act (CEQA), and would require analysis by one of the City’s contract historians, Meg Clovis.

On June 18, 2020, an email was sent to the applicant transmitting the final historic report prepared by Meg Clovis (dated June 17, 2020 – Attachment D to the Appeal) . The conclusion of the report stated: “The community room has been evaluated for eligibility for listing in the California Register based on its merits alone and it does not meet the criteria for listing as an individual resource, and the proposed demolition will not have a significant impact on the historic bank building.”
However, in the email transmission from the City, it was made clear that this was only the conclusion of the City’s consultant, and was not an official determination until considered by the Historic Resources Board pursuant to CMC 17.32.160.B, which gives the Historic Resources Board the authority to agree or disagree with the conclusions of a Determination of Consistency (refer to Attachment 9).

Ultimately, the Historic Resources Board did not agree with the conclusions of the evaluation, and chose to adopt a finding of noncompliance (Resolution 2021-03-HRB, refer to Attachment 7) that included findings disagreeing with the conclusions of the evaluation and found the proposal to demolish the Community Room inconsistent with the secretary’s standards.

Conclusion: In summary, it was never represented by the city that the subject site would not be treated as historic. Prior to the purchase of the property, it was conveyed that the site is eligible for listing on the California Register of Historic Resources, and that the property is subject to the California Environmental Quality Act and that any reports would need to be evaluated by the Historic Resources Board. Furthermore, the previous decision by the HRB to disagree with the conclusion of the June 17, 2020 historic report addendum is not applicable to this current appeal.

That decision has already been appealed to the city council who upheld the HRB’s decision and adopted Resolution 2021-043, denying the appeal, and upholding the HRB’s decision.

2. From Appeal Letter: “We were encouraged both on the day of the city council meeting on August 3 2021 then after the meeting to pursue the option of relocating the community room annex building when the option to demolish it was appealed to the City Council and denied.” Response: In review of the video of the August 3rd hearing, staff found no discussion from the city council nor staff regarding relocating the community room. Staff has not encouraged the applicant/owner to relocate the building, but has processed the application consistent with standard city practices when the proposal was submitted.

3. From Appeal Letter: “For the historic assessment the city opted to retain a new historic preservation consultant in-lieu of contracting Meg Clovis who had prepared the previous assessments. Seth Bergstein with PAST Consultants, LLC was hired by the City to prepare the new phase one and two assessments.

Seth Bergstein is the same consultant hired by the City to prepare the update Historic Context Statement, .... We do not believe hiring the same historic preservation consultant that drafted the updated Historic Context Statement for Carmel qualifies as an independent professional opinion on the historical significance of the Community Room Annex Building or whether the proposed relocation is compliant with the Secretary of Interior’s Standards. In fact, this seems to be a conflict of interest.” Response: CMC 17.32.080.C.2, Conflicts of Interests, states, 1) “The qualified professional shall not have performed work under contract to the applicant for a period of one year prior to authorization to proceed with the work effort by the City,” and 2) “Any additional work performed by the qualified professional related to the subject application shall be performed under contract to the City.” Mr.

Bergstein has not performed work under contract to the applicant, and all work performed has been under contract to the City, as outlined in the city’s Historic Preservation Ordinance.

Additionally, staff informed the applicant in November 2022 (prior to the review of the project by Mr.

Bergstein) that the city intended to utilize PAST Consultants for their services. There were no objections to the report or concerns about conflict of interest raised by the applicant at any time prior to the initiation of the contract, after the report was provided to the applicant, or at the hearing.

4. From Appeal Letter: “As you know, we have been unable to progress the JB Pastor Project through the planning process until this issue is addressed and have made no meaningful progress on the project due to the numerous City-imposed delays. Conveniently these, in our opinion inexcusable, delays have now resulted in the Northern California Savings and Loan Bank Building reaching the 5O year milestone of October 26, 2022 and being added to the City’s Historic Context Statement, both of which had previously impeded the Historic Resources Board’s resolve to list this property on the Carmel Inventory and Register.”
Response: The city has not imposed any delays on the project. The applications have been processed consistent with standard city practices as outlined in the municipal code as a result of the development applications submitted by the applicant and the projects the applicant has proposed.

Further, listing the site on the inventory is supported by the municipal code and actionable regardless of the age of the building due to its eligibility for the California Register. As the previous Determination of Ineligibility expired, the building was required to be re-evaluated. This is supported by General Plan Policy P1-93 which states, in part, “….Failure to include a property on the Carmel Inventory shall not preclude a future determination that it qualifies as an historic resource based on new evidence. (LUP)” In the time since the previous Determination of Ineligibility has expired, the complex has turned 50-years old, and the city’s Historic Context Statement has been updated through 1986. The age of the building and the end year of the context statement were the basis for the previous determination of ineligibility being issued. Additionally since the prior determination had expired, the site is required to be re-evaluated prior to the application being deemed complete. Todate, the subject application still has not been deemed complete.

Appeal Letter Attachment B & C
Attachment B and C of the appellant’s appeal documents are the staff report (Attachment B) and Resolution (Attachment C) prepared for the April 19, 2021 Historic Resources Board Meeting. The findings and conclusions of this hearing are not applicable to this appeal as they were not part of the action made by the Historic Resources Board subject to the appeal.

Appeal Letter Attachment D & E
Attachment D is the Phase I Addendum described in “Appeal Attachment A, Section 1,” above. This addendum was prepared prior to the purchase of the subject property by the current property owner.

Attachment E is the Phase II Evaluation that was prepared for the proposed demolition of the community room. Both evaluations were included as an attachment to the staff report referenced in the “Appeal Attachment B & C section”, above. As noted in the above section as well in Section 1, these evaluations are not applicable to the subject appeal as this evaluation was not part of the action by the Historic Resources Board that is subject to the appeal.

Alternatives
Should the council be inclined to grant the appeal for either or both actions, the following should be considered:

1. Listing on the Local Inventory and Register: Should the Council determine the site is ineligible for listing on the local inventory and register, the council would be required to adopt specific findings identifying why the site is ineligible for listing. The findings should also identify the specific basis for the determination to be included in the Determination of Ineligibility. Notwithstanding this determination the site would still be subject to the city’s historic preservation ordinance as the complex is eligible for listing on the California Register of Historic Resources, as noted above.

2. Determination of Consistency: CMC 17.32.160.C states that If an evaluation concludes that a proposed alteration is not consistent with the Secretary’s Standards, the report shall list aspects of the project that are not consistent along with guidance for modifying the project to comply with the Secretary’s Standards.

The Phase II report concludes:
"The project under consideration proposes the relocation of a primary character-defining feature of the building complex’s original design: the spatial relationship between the bank building and the Community Room. To maintain the integrity of the subject historic site and its environment, this report respectfully recommends a new design approach that allows the original Burde/Shaw design and the building complex’s corresponding character-defining features to remain in place."
If the Council disagrees with the conclusions of this evaluation, the Council should direct staff to obtain a second opinion and have a second Phase II Evaluation prepared. Once prepared, staff would then return to the Council for review of the second Phase II Evaluation.

The municipal code does not give the authority for staff, the Historic Resources Board, nor the City Council to make a Determination of Consistency for major alterations on their own. All Determinations of Consistencies for major alterations are required to be prepared by a qualified professional under contract to the city. The Historic Resources Board, or Council on appeal, may disagree with a Determination of Consistency prepared by a qualified professional for a project that was found to be consistent with the Secretary’s Standards (CMC 17.32.160.B.1.b) as was the case when the community room was proposed for demolition (refer to Attachment 7), however, the zoning code states that any Determination of Consistency must be made by a qualified professional then adopted by the Historic Resources Board, or City Council on appeal (CMC 17.32.160.B).

FISCAL IMPACT:

Staff time associated with processing this appeal is accounted for in the FY 2022-23 adopted City Budget.

PRIOR CITY COUNCIL ACTION:

The City Council considered adding the property to the Carmel Historic Inventory in 2006 when the property was 34 years old and determined it was not eligible for listing as a historic resource at that time.

On February 4, 2020, the City Council considered an appeal of the Historic Resources Board’s decision to add the property to the City’s Historic Inventory. Council granted the appeal and made the determination that the property did not qualify for the Carmel Inventory and issued a "Determination of Ineligibility" for the property. This Determination of Ineligibility expired on October 26, 2022.

In 2021, the City Council adopted a Resolution (Reso. 2021-043, refer to Attachment 7) denying the appeal by Christopher Mitchell (APP 21-197) and upholding the Historic Resources Board’s decision to issue a Finding of Noncompliance with the Secretary of the Interior’s Standards for the demolition of the Palo Alto Savings and Loan Bank Community Room. While the Determination of Ineligibly described in the paragraph above was still valid, this project was required to be reviewed by the HRB as the complex is eligible for listing on the California Register of Historic Resources, as previously described.

ATTACHMENTS:

Attachment 1) Resolution 2023-051
Attachment 2) Resolution 2023-052
Attachment 3) Appeal Documents
Attachment 4) Phase I Evaluation (DPR 523A)
Attachment 5) Phase II Evaluation (Intensive Survey)
Attachment 6) Adopted Resolutions - Resolution 2023-01-HRB, Resolution 2023-02-HRB Attachment 7) Previously Adopted Resolutions - Resolution 2021-03-HRB, Resolution 2021-043 Attachment 8) Determination of Ineligibility, Feb. 2020 Attachment 9) Email Correspondence

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-051

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DENYING THE APPEAL BY ESPERANZA CARMEL COMMERCIAL LLC (APP 23-031) AND UPHOLDING THE HISTORIC RESOURCES BOARD’S DECISION TO LIST THE NORTHERN CALIFORNIA SAVINGS AND

LOAN COMPLEX ON THE CARMEL INVENTORY OF HISTORIC RESOURCES AND CARMEL

REGISTER OF HISTORIC RESOURCES LOCATED AT THE SOUTHEAST CORNER OF DOLORES STREET AND 7th AVENUE, IN THE SERVICE COMMERCIAL (SC) ZONING DISTRICT, APNS: 010- 145-002, 010-145-023, 010-145-024.

WHEREAS, the subject site is known as the Northern California Savings and Loan Complex (“Complex”); and
WHEREAS, the Complex consists of Lots 2, 4, 6, and 8 located on Block 91 and is currently comprised of Assessor Parcel Numbers (APNs: 010-145-002, 010-145-023, 010-145-024); and WHEREAS, APN 010-145-002 is comprised of lots 2 & 4 and is owned by D&K Dolores, LLC (“D&K Dolores”). APN 010-145-023 and 010-145-024 are comprised of lot 6 and 8, respectively.

Both lots 6 & 8 are owned by Esperanza Carmel Commercial LLC (“Esperanza Carmel”); and WHEREAS, International Design Group (IDG), (“Applicant”) submitted an application (DR 22-157) on behalf of Esperanza Carmel on May 24, 2022, requesting the construction of a mixeduse building located on Lots 6, 8, and 10 of Block 91; and WHEREAS, the Applicant submitted a second application (DR 22-310) on October 3, 2022, on behalf of D&K Dolores for the relocation of the Community Room to Lot 4 from Lot 6 of Block 91, associated with the proposed improvements shown as part of the application, DR 22-157; and
WHEREAS, in accordance with the City’s Historic Preservation Ordinance (CMC 17.32), No application for property development shall be deemed complete unless it includes a determination that the property is either eligible or ineligible for the Carmel Inventory; and WHEREAS, the Complex has previously been determined to be ineligible for the Carmel Inventory by the City Council on February 4, 2020, however, the previous determination of ineligibly expired on October 26, 2022, when the Complex reached 50-years old and was required to be re-evaluated for its eligibility for the local inventory; and, WHEREAS, the City retained the services of PAST Consultants, a contracted qualified professional, to prepare an intensive review of the site to determine whether the Complex meets the criteria for listing on the Carmel Inventory; and
Attachment 1
Resolution No. 2023-051

Page 2 of 6 ends

WHEREAS, the intensive survey dated December 30, 2022 identified the Complex as having the following character-defining features: Building integrated with surrounding landscape; Horizontal or Vertical massing with shed roofs; Existing spatial relationship between the bank building and Community Room; Detached Community Room building connected by a wood-clad upper walkway; Projecting shed or boxy volumes; Exposed structural elements; Wide expanses of glass set within wood frames; Wood siding as exterior cladding; Copper sheet roof cladding; and
WHEREAS, in the intensive survey dated December 2022, prepared by PAST Consultants, it is concluded that the Complex is eligible for listing on the Carmel Inventory of Historic Resources as the property is representative of the theme of Architectural Development in the Context Statement; retains all of its original character-defining features and has retained a high degree of integrity; is greater than 50 years old; and, meets the requirements of Criteria 3 for listing; and
WHEREAS, the evaluation concluded further that the subject property is eligible for listing in the Carmel Inventory as a primary resource because it is eligible for listing on the California Register of Historic Resources (CRHR) under Criteria #3, Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values for its intact Bay Region Modern-stylistic elements designed by prominent local architects Walter Burde & Associates and Will Shaw & Associates, in addition to meeting the criteria for listing on the local inventory as outlined in CMC 17.32.040; and WHEREAS, in accordance with CMC 17.32.070.A, Properties determined to be eligible by an administrative determination, or by the Historic Resources Board on appeal, shall become part of the inventory upon completion of an inventory form documenting the resource and issuance of an administrative determination finding by the Department or adoption of a finding by the Board that the property meets the criteria for historic resources; and WHEREAS, on January 23, 2023, staff referred the decision to list property on the Inventory and Register to the Historic Resources Board consistent with CMC 17.52.030.L, due to the past involvement in the site by the board and as a matter of public interest; and WHEREAS, on January 23, 2023, the Historic Resources Board held a public hearing to receive public testimony regarding the Application, including without limitation, information provided to the Historic Resources Board by City staff and public testimony on the project in accordance with CMC 17.58.040.B; and
WHEREAS, on January 23, 2023, the Historic Resources Board adopted Resolution 2023- 01-HRB, adding a property known as the “Northern California Savings And Loan Complex” located at the southeast corner of Dolores Street and 7th Avenue in the Service Commercial (SC) Zoning District to the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources; and
Attachment 1
Resolution No. 2023-051

Page 3 of 6 ends

WHEREAS, on February 6, 2023, a timely appeal (APP 23-031) of the Historic Resources Board’s decision to list the property on the local inventory and register was filed with the City Clerk by Esperanza Carmel Commercial LLC; and
WHEREAS, on April 21, 2023, notice of the public hearing was published in compliance with State law (California Government Code 65090) indicating the date and time of the public hearing; and
WHEREAS, on May 2, 2023, the City Council held a duly noticed, de novo public hearing to receive public testimony regarding the appeal, including without limitation, information provided to the City Council by City staff and through public testimony on the proposed project; and
WHEREAS, this Resolution and its findings are made based upon evidence presented to the Council at the May 2, 2023 hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA"), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the "CEQA Guidelines") and City Environmental Regulations (CMC 17.60) require the review of certain projects for environmental impacts and preparation of environmental documents; and WHEREAS, the listing of the subject property on the Carmel Inventory is “not a project” pursuant to section 15378 of the CEQA Guidelines. Listing the Complex on the Carmel Inventory and Carmel Register does not grant any permits or entitlements approving a project that would result in a direct or indirect physical change in the environment; and WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Carmel-by-the-Sea does hereby DENY the appeal by Esperanza Carmel (APP 23-031) and uphold the Historic Resources Board’s decision to list the Northern California Savings and Loan Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources, as found in Historic Resources Board Resolution: Resolution 2023-01-HRB adopted on January 23, 2023.

Attachment 1
Resolution No. 2023-051

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Findings for Denial of Appeal
No.

1. The appeal filed by the Appellant (included as Attachment XX to the subject staff report) is without merit as it fails to address why the action taken by the Historic Resources Board is incorrect or should be overturned based on factual evidence that was applicable to the decisions made by the HRB at the subject hearing.

2. The city’s historic preservation ordinance (CMC 17.32) outlines the process for establishing eligibility for the Carmel inventory.

The historic preservation ordinance states, “If the property appears to meet the criteria for the inventory, the Department shall order that an intensive survey of the property be conducted. All intensive surveys shall be performed by a qualified professional under contract to the City.”
The city contracted with PAST Consultant, LLC to prepare the intensive survey. The survey concluded the subject property meets the criteria for listing on the local inventory, as outlined in CMC 17.32.040:

A. Should be representative of at least one theme included in the Historic Context Statement.
a. The site is representative of Theme 5: Architectural Development in Carmel in the Context Statement.

B. Shall retain substantial integrity.
a. The site retains all of its original character-defining features and has retained a high degree of integrity.

C. Should be a minimum of 50 years of age and shall meet at least one of the four criteria for listing in the California Register at a national or Statewide level of significance or at a regional or local level of significance per CEQA Guidelines Section 15064.5(a)(3)
a. The site is 50 years old and meets Criteria 3 of the California Register as an intact Bay Region Modern style complex (style listed in the Historic Context Statement) designed by prominent local architects Walter Burde & Associates and Will Shaw & Associates (both architects noted in Historic Context Statement) (Criteria 3 qualifiers #1 & 3).

3. The intensive survey (described in Finding #2) also found the site to be eligible for listing in the California Register of Historic Resources (CRHR). Properties eligible for the CRHR are historic resources, as defined, in the city’s historic preservation ordinance, as well as considered historic resources for the purpose of the California Environmental Quality Act (CEQA).

4. While a previous determination of ineligibility had been issued for the site, which has since expired, General Plan Policy P1-93 states, in part, “….Failure to include a Attachment 1
Resolution No. 2023-051

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property on the Carmel Inventory shall not preclude a future determination that it qualifies as an historic resource based on new evidence. (LUP)” In the time since the previous Determination of Ineligibility has expired, the complex has turned 50-years old, and the city’s Historic Context Statement has been updated through 1986.

5. On August 3, 2021, the City Council adopted Resolution 2021-043 that included the following findings:
 The City’s Historic Context Statement identifies the Bay Region style and/or Second Bay Region Style as important substyle within the larger theme of Modern architecture -the building is "representative of at least one theme" in the existing Historic Context Statement.
 Pertinent testimony from a number of respected architects who opined that the former Palo Alto Savings and Loan Bank was an exceptional example of its architectural style, the work of master architects, retained a high level of integrity and embodied the distinctive characteristics of its type and period.

Their professional opinions confirmed that sufficient time had elapsed since the construction of the Bank complex to allow for a scholarly perspective on its significance and its place in Carmel’s architectural history.  The Community Room is not required to become significant in its own right.

There are no historic preservation rules that would force it to stand on its individual merit in order to qualify for historic status. The Community Room remains a vital part of the architects’ original design. While it is subordinate to the former Bank building, it continues to have an important spatial relationship to it.
 The Bank building and the Community Room are a historically related unit.

Though the room is subordinate to the Bank, it has retained its historic integrity and is an integral component of the original design as approved by the architects’ client, the owners of the Palo Alto Savings and Loan Bank.  In the case of the Community Room, despite being an auxiliary use it was still part of the original concept of the building from the beginning.  The Bank complex is eligible for listing on the California Register of Historic Resources for purposes of the California Environmental Quality Act (CEQA).  Both buildings are the work of two master architects, Walter Burde and Will Shaw, who are listed in the Carmel Historic Context Statement, whose office was located in downtown Carmel, and whose other individual works include the Christian Science Church in Carmel, the original Monterey Airport Terminal and Tower, the Custom House renovation in Monterey and the Highlands Inn reconstruction. Shaw also collaborated with renowned photographer, Ansel Adams, to create the Foundation for Environmental Design, a group that supported worthy projects that blended into the natural environment.  The community room section of the building was designed right along with the rest of the building and contains all the character defining features of the main bank building: shed roof and copper roofing, angular forms and irregular Attachment 1
Resolution No. 2023-051

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massing, plate glass window walls, traditional materials used within a Modern architecture vocabulary, Integration of the building with its setting, Integration of the outdoors with interior spaces, Redwood siding and beams.  The structural connection in the design of this building was very intentional and strong, and is all part of one piece of significant architecture—one historic resource.

PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2 nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-052

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DENYING THE APPEAL BY ESPERANZA CARMEL COMMERCIAL LLC (APP 23-031) AND UPHOLDING THE HISTORIC RESOURCES BOARD’S DECISION TO ISSUE A FINDING OF NONCOMPLIANCE WITH THE SECRETARY OF THE INTERIOR’S STANDARDS FOR THE RELOCATION OF THE NORTHERN CALIFORNIA SAVINGS AND LOAN COMPLEX COMMUNITY ROOM FROM APN 010-145-023 TO APN 010-145-002.

WHEREAS, the subject site is known as the Northern California Savings and Loan Complex (“Complex”); and
WHEREAS, the Complex consists of Lots 2, 4, 6, and 8 located on Block 91 and is currently comprised of Assessor Parcel Numbers (APNs: 010-145-002, 010-145-023, 010-145-024); and WHEREAS, APN 010-145-002 is comprised of lots 2 & 4 and is owned by D&K Dolores, LLC (“D&K Dolores”). APN 010-145-023 and 010-145-024 are comprised of lot 6 and 8, respectively.

Both lots 6 & 8 are owned by Esperanza Carmel Commercial LLC (“Esperanza Carmel”); and WHEREAS, International Design Group (IDG), (“Applicant”) submitted an application (DR 22-157) on behalf of Esperanza Carmel on May 24, 2022, requesting the construction of a mixeduse building located on Lots 6, 8, and 10 of Block 91; and WHEREAS, the Applicant submitted a second application (DR 22-310) on October 3, 2022, on behalf of D&K Dolores for the relocation of the Community Room to Lot 4 from Lot 6 of Block 91, associated with the proposed improvements shown as part of the application, DR 22-157; and
WHEREAS, an intensive survey of the Complex dated December 2022, prepared by PAST Consultants, concluded that the Complex is eligible for listing on the Carmel Inventory of Historic Resources as the property is representative of the theme of Architectural Development in the Context Statement; retains all of its original character-defining features and has retained a high degree of integrity; is greater than 50 years old; and, meets the requirements of Criteria 3 for listing; and
WHEREAS, the survey concluded further that the subject property is eligible for listing in the Carmel Inventory because it is eligible for listing on the California Register of Historic Resources (CRHR) under Criteria #3, Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values for its intact Bay Region Modern-stylistic elements designed by prominent local architects Walter Burde & Associates and Will Shaw & Associates, in addition to meeting the criteria for listing on the local inventory as outlined in CMC 17.32.040; and Attachment 2
Resolution No. 2023-052

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WHEREAS, on January 23, 2023, the Historic Resources Board adopted Resolution 2023- 001-HRB, listing the Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources; and
WHEREAS, notwithstanding the adoption of Resolution 2023-001-HRB, in accordance with the California Environmental Quality Act (CEQA), sites determined to be eligible for listing on the CRHR are a historic resource for the purpose of CEQA and therefore subject to the requirements of the city’s historic preservation ordinance (CMC 17.32); and WHEREAS, the proposed relocation of the Community Room constitutes a major alteration to a historic resource; and
WHEREAS, pursuant to CMC 17.32.160.B, determinations of consistency for major alterations shall be prepared by a qualified professional and shall be supported by written documentation that (1) identifies which of the Secretary of the Interior's Standards for Rehabilitation are applicable to the project, (2) reviews the proposed project, and (3) explains the basis of the determination. If an evaluation concludes that a proposed alteration is not consistent with the Secretary’s Standards, the report shall list aspects of the project that are not consistent, along with guidance for modifying the project to comply with the Secretary’s Standards; and
WHEREAS, the City retained the services of PAST Consultants (“PAST”), a contracted qualified professional, to prepare a Phase II Evaluation (“Phase II”) to determine whether the proposed relocation of the Community Room is consistent with the Secretary of the Interior’s Standards; and
WHEREAS, PAST evaluated the project for consistency with the Secretary of the Interior's Ten Standards for Rehabilitation in a Phase II dated January 12, 2023. PAST found that Standards #1, 2, 3, 5, 6, 7, 9, and 10 are applicable to the project. The evaluation concluded that the project, as proposed, is not consistent with Standards #2, 5, 9, and 10 and therefore is not consistent with the Secretary’s Standards; and
WHEREAS, the Phase II recommends as part of the conclusion: The project under consideration proposes the relocation of a primary character-defining feature of the building complex’s original design: the spatial relationship between the bank building and the Community Room. To maintain the integrity of the subject historic site and its environment, this report respectfully recommends a new design approach that allows the original Burde/Shaw design and the building complex’s corresponding character-defining features to remain in place; and WHEREAS, on January 23, 2023, the Historic Resources Board held a public hearing to receive public testimony regarding the Application, including without limitation, information provided to the Historic Resources Board by City staff and public testimony on the project in accordance with CMC 17.58.040.B; and
Attachment 2
Resolution No. 2023-052

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WHEREAS, on January 23, 2023, the Historic Resources Board adopted Resolution 2023- 02-HRB, issuing a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings and Loan Complex Community Room; and WHEREAS, on February 6, 2023, a timely appeal (APP 23-031) of the decision to adopt a finding of non-compliance by Esperanza Carmel; and
WHEREAS, on April 21, 2023, notice of the public hearing was published in compliance with State law (California Government Code 65090) indicating the date and time of the public hearing; and
WHEREAS, on May 2, 2023, the City Council held a duly noticed de novo public hearing to receive public testimony regarding the appeal, including without limitation, information provided to the City Council by City staff and through public testimony on the proposed project; and WHEREAS, this Resolution and its findings are made based upon evidence presented to the Council at the May 2, 2023 hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA"), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the "CEQA Guidelines") and City Environmental Regulations (CMC 17.60) require the review of certain projects for environmental impacts and preparation of environmental documents; and WHEREAS, the listing of the subject property on the Carmel Inventory is “not a project” pursuant to section 15378 of the CEQA Guidelines. Adopting a Finding of Noncompliance does not grant any permits or entitlements approving a project that would result in a direct or indirect physical change in the environment. However, CEQA requires environmental review for alterations to historic resources that are not consistent with the Secretary of the Interior’s Standards. Consistent with CMC

17.32.160.C and CEQA, if the applicant does not choose to modify the project to comply with the Secretary’s Standards, the Department shall require preparation of environmental review documents to further analyze and mitigate any impacts to the historic resource. These CEQA documents would be required prior to issuance of any discretionary permits for the project, and could include up to an Environmental Impact Report (EIR); and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Carmel-by-the-Sea does hereby DENY the appeal by Esperanza Carmel (APP 23-031) and uphold the Historic Resources Board’s decision to issue a Finding of Noncompliance with the Secretary of the Attachment 2
Resolution No. 2023-052

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Interior’s Standards for the relocation of the Northern California Savings and Loan Complex Community Room, as found in Historic Resources Board Resolution: Resolution 2023-02-HRB adopted on January 23, 2023.

Findings for Denial of Appeal
No.

1. The appeal filed by the Appellant (included as Attachment XX to the subject staff report) is without merit as it fails to address why the action taken by the Historic Resources Board is incorrect or should be overturned based on factual evidence that was applicable to the decisions made by the HRB at the subject hearing.

2. The subject site is determined to be a historic resource. Historic resources are subject to review under the California Environmental Quality Act (CEQA). Generally, under CEQA, a project that follows the Standards for Rehabilitation contained within The Secretary of the Interior’s Standards for the Treatment of Historic Properties is considered to have mitigated impacts to a historical resource to a less-than-significant level (CEQA Guidelines §15064.5)

3. The city’s historic preservation ordinance (CMC 17.32) outlines the process for determining project consistency with the secretary’s standards.

Determinations of consistency for major alterations shall be prepared by a qualified professional and shall be supported by written documentation that (1) identifies which of the Secretary’s Standards are applicable to the project, (2) reviews the proposed project, and (3) explains the basis of the determination (CMC 17.32.160.B).

The city contracted with PAST Consultant, LLC to prepare the Phase II Evaluation for the associated project. The evaluation concluded the subject project as proposed is not consistent with Standards #2, 5, 9, and 10, and therefore is not consistent with the Secretary’s Standards.

As outlined in CMC 17.32.160.C.1, an evaluation that concludes that a project is not consistent with the Secretary’s Standards shall constitute evidence of substantial adverse impact to an historic resource.

4. On August 3, 2021, the City Council adopted Resolution 2021-043 that included the following findings:
 The Bank building and the Community Room are a historically related unit.

Though the room is subordinate to the Bank, it has retained its historic integrity and is an integral component of the original design as approved by the architects’ client, the owners of the Palo Alto Savings and Loan Bank.  The Bank complex is eligible for listing on the California Register of Historic Resources for purposes of the California Environmental Quality Act (CEQA).

Attachment 2
Resolution No. 2023-052

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 In the case of the Community Room, despite being an auxiliary use it was still part of the original concept of the building from the beginning.  A new construction project on the site of a demolished Community Room would constitute an adverse effect on the Bank complex and destroy the original concept as designed by two of Monterey County’s most respected master architects.
 The community room section of the building was designed right along with the rest of the building and contains all the character defining features of the main bank building: shed roof and copper roofing, angular forms and irregular massing, plate glass window walls, traditional materials used within a Modern architecture vocabulary, Integration of the building with its setting, Integration of the outdoors with interior spaces, Redwood siding and beams.  The structural connection in the design of this building was very intentional and strong, and is all part of one piece of significant architecture—one historic resource.
 By removing the community room the south elevation of the resource is completely changed and is not the intended design from the public right-ofway on the south side.

PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 2 nd day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
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Attachment 3
P.O. Box 721
Pacific Grove, CA 93950
www.pastconsultants.com
Seth A. Bergstein
415.515.6224
[email protected]
________________________________________________________________________________ January 3, 2023
Evan Kort, Associate Planner
City of Carmel-by-the-Sea
PO Box CC
Carmel, CA 93921
Re: Phase One Historic Assessment, SE Corner Dolores St. and 7th Ave., Carmel-by-the-Sea APN. 010-145-022/023/024
Dear Mr. Kort:

This letter presents the results of our historic assessment of the property located at the SE Corner of Dolores Street and 7th Avenue, in Carmel-by-the-Sea, California. PAST Consultants, LLC (PAST) completed the site visit, conditions assessment, historic research and report preparation during December 2022. The attached DPR523 forms provide the formal assessment of the subject property and conclusions of historic significance.

The subject property encompasses Block 91, Lots 2,4,6 and 8. The lots contain the following:
• Lot 2, APN 010-145-022: Contains northern portions of the bank building and east portions of the parking lot.
• Lot 4, APN 010-145-022: Contains southern portions of the bank building and east portions of the parking lot.
• Lot 6, APN 010-145-023: Contains the southern edge of the bank building, the Community Room, the elevated walkway connecting the bank building with the Community Room, and east portions of the parking lot.
• Lot 8, APN 010-145-024: Contains the south portions of the parking lot.

The bank building, Community Room and associated parking lot contain the Northern California Savings and Loan Bank Complex (formerly the Palo Alto Savings and Loan) designed and executed by the prominent regional architectural team of Walter Burde & Associates/Will Shaw and Associates in 1972. The site contains a bank building and detached Community Room – the complex being an intact and outstanding example of the Bay Region Modern style in downtown Carmel-by-the-Sea.

Attachment 4
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 2
SW Corner Dolores St. and 7th Ave., Carmel-by-the-Sea, CA: Phase One Historic Assessment January 3, 2023 The buildings’ significant Modernist design has been featured in various architectural exhibits and/or journals, including:
• Architecture of the Monterey Peninsula, a book/exhibit at the Monterey Peninsula of Art, 1976;
• Documentation and Conservation of the Modern Movement – Monterey: A tour of the Monterey Region’s iconic Modernist buildings conducted by DOCOMOMO, 2003; • Carmel, A History in Architecture, Kent Seavey, 2007; and • Carmel Modernism: A museum exhibit by the Monterey Area Architectural Resources Archive (MAARA) held at the Carl Cherry Center for the Arts, Carmel, 2016.

In 2006, State of California Historic Preservation Officer Milfred Wayne Donaldson, FAIA, wrote a letter to Carmel Mayor Sue McCloud and the Carmel City Council advocating for the building. His letter states:

The former Palo Alto Savings Building, designed by noted architect Walter Burde at the southeast corner of Dolores and Seventh in Carmel, represents an important period in the City of Carmel’s and the State of California’s architectural heritage. The sixties and seventies formed a period when many financial institutions hired prominent architects to design buildings intended as iconic architectural statements. The Palo Alto Savings Building was one of only two such buildings to be built in the City of Carmel by the Sea; the second, designed by Olaf Dahlstrand and built in the sixties, was the Wells Fargo Building on San Carlos Street (Letter from Milford Wayne Donaldson, FAIA, State Historic Preservation Officer to Mayor Sue McCloud, April 28, 2006, Carmel Planning Department Files).

The subject bank complex is in largely unaltered condition and possesses all seven aspects of historic integrity. Our historic assessment concludes that the subject property is eligible under the California Register of Historical Resources under Criterion 3 in the area of architecture and eligible for listing on the Carmel-by-the-Sea Historic Resources Inventory (HRI) supporting the theme, “Architectural Development in Carmel.” Please see the attached DPR523 forms for detailed property description, list of character defining features and evaluation of historic significance.

Please contact me if you have any questions about this evaluation.

Sincerely,
Seth A. Bergstein, Principal
Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date

Page 1 of 11 ends

P1. Other Identifier:
*P2. Location: n Not for Publication o Unrestricted *a. County: Monterey and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: N/A Date: N/A T ; R ; ¼ of ¼ of Sec ; M.D. B.M. c. Address: SE Corner Dolores St. and 7th Ave. City: Carmel-by-the-Sea Zip: 93923 d. UTM: Zone: 10 ; mE/ mN (G.P.S.)
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate): APN. 010-145-022 (Lots 2 & 4); APN. 010-145-023 (Lot 6); APN. 010-145-024 (Lot 8)
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The subject property contains a one-and one-half story, steel and wood framed commercial building constructed in the Bay Region Modern style. The building features a primary gable roof, with a large, east-facing shed-roofed dormer. Building walls consist of alternating stucco blocks and full-height glass walls framed with Redwood and steel. The roof contains wide overhangs with exposed beams. The Dolores Street elevation contains the primary entrance, sheltered by a deep overhang supported by dramatic Redwood rafters and columns. Walls consist of alternating blocks of stucco, steel-framed glass curtain walls and expanses of vertical Redwood siding boards. An elevated, Redwood-clad walkway leads to the stucco-clad, shed-roofed Community Room south of the bank building and facing Dolores Street. See continuation sheets, pages 3 - 5, for copies of plans and current photographs (Figures 1 - 8).
*P3b. Resource Attributes: (List attributes and codes) HP13: Community Center *P4. Resources Present: nBuilding oStructure oObject oSite oDistrict oElement of District oOther (Isolates, etc.) P5b. Description of Photo: (View, date,
accession #)
North and West Elevations, 2022
*P6. Date Constructed/Age and Sources:
nHistoric oPrehistoric oBoth
1972
*P7. Owner and Address:

APN 010-145-022 APN 010-145-023/024
D & K Dolores, LLC Esperanza Carmel
1777  S.  Bascom  Ave.              P.O.  Box  134
Campbell,  CA 95008              Carmel,  CA  93921
*P8. Recorded by: (Name, affiliation, and
address)
Seth A. Bergstein, Principal
PAST Consultants, LLC
P.O. Box 721
Pacific Grove, CA 93950
*P9. Date Recorded: 12/30/22
*P10. Survey Type: (Describe)
Owner-requested

*P11. Report Citation: None
*Attachments: oNONE oLocation Map oSketch Map nContinuation Sheet nBuilding, Structure, and Object Record oArchaeological Record oDistrict Record oLinear Feature Record oMilling Station Record oRock Art Record oArtifact Record oPhotograph Record o Other (List):

DPR 523A (1/95) *Required information
P5a. Photo or Drawing (Photo required for buildings, structures, and objects.) Attachment 4
DPR 523B (1/95) *Required information
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#

BUILDING, STRUCTURE, AND OBJECT RECORD

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*Resource Name or # (Assigned by recorder) Northern  California  Savings  &  Loan Complex B1. Historic Name: Palo Alto Savings & Loan Complex
B2. Common Name:

B3. Original Use: Commercial Bank B4. Present Use: Commercial Restaurant *B5. Architectural Style: Bay Region Modern
*B6. Construction History: (Construction date, alterations, and date of alterations) The Permit Record is: 1. Permit #72-80, October 26, 1972: Construction of bank building and Community Room. See continuation sheet, page 6, for the complete construction history.
*B7. Moved? nNo oYes oUnknown Date: Original Location: Same *B8. Related Features: N/A
B9a. Architect: Walter Burde & Associates/Will Shaw & Associates b. Builder: Carl Swenson, Inc. *B10. Significance: Theme: Architectural Development Area: Carmel-by-the-Sea Period of Significance: 1972 Property Type: Commercial: Bank Applicable Criteria: CR#3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) See continuation sheets, pages 7-11.

B11. Additional Resource Attributes: (List attributes and codes) HP13: Community Center *B12. References:
• Architecture of the Monterey Peninsula, Monterey Peninsula Museum of Art, 1976. • AIA, Monterey Bay, A Guide to Contemporary Architecture of the Monterey Bay Region 1947-2008, 2008. • Carmel-by-the-Sea Planning Department Files (original building and landscape specifications present). • Carmel Modernism: A Retrospective, Carl Cherry Center for the Arts, 2016. • Carmel Pine Cone: 3/23/1972; 8/10/1972.
• Grimes, Teresa, Leslie Heumann, Architectural Resources Group, PAST Consultants, LLC.

Historic Context Statement Carmel-by-the-Sea, 1994, 1997, 1998, 2022. • Janick, Richard N., Northern California Savings and Loan (DPR523 Forms), 2001. • Seavey, Kent, Carmel, A History in Architecture, 2007.

B13. Remarks::
*B14. Evaluator: Seth A. Bergstein, Principal
PAST Consultants, LLC
*Date of Evaluation: 12/30/22

(This space reserved for official comments.)
Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
P3a. Description: Historic Drawings
Figure 1. 1972 Site and Floor Plan.

Figure 2. 1972 Rendering of Dolores Street (West) elevation.

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
P3a. Description: Site Description and Photographs
The subject property encompasses Block 91, Lots 2,4,6 and 8. The lots contain the following:
• Lot 2, APN 010-145-022: Contains northern portions of the bank building and east portions of the parking lot.
• Lot 4, APN 010-145-022: Contains southern portions of the bank building and east portions of the parking lot.
• Lot 6, APN 010-145-023: Contains the southern edge of the bank building, the Community Room, the elevated walkway connecting the bank building with the Community Room, and east portions of the parking lot.
• Lot 8, APN 010-145-024: Contains the south portions of the parking lot.

Figure 3. North and west elevations. Figure 4. North (7th Ave.) elevation.

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
P3a. Description: Current Photographs

Figure 5. North and east elevations. Figure 6. South elevation, with Community Room.

Figure 7. South and east elevations of Community Room. Figure 8. Walkway connecting bank to Community Room.

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
B6. Construction History:

1. Permit # 72-80, 10/26/1972: $250,000 for construction of bank and community room. Will Shaw and Associates, architects; Carl Swenson, Inc., contractor.

2. Permit # 78-132, 8/4/1978: $30,000 for interior remodel. Holowinski & Blevins, planning architect; Hampshire Construction, contractor.

3. Permit #83-103, 7/27/1983: $15,500 for installation of ATM machines.

4. Permit #86-9, 1/8/1986: $3,700 for repair of roof beams.

5. Permit #11-232C, 12/2/2011: $5,000 for repair to beams due to truck collision.

6. Permit #13-170C, 9/5/2013: Interior remodel. Adam Jeselnick, architect; Hare Construction, contractor.

Design review for this permit completed in 2014.

7. Permit #DR 14-23C. As built drawings submitted and design review approved for interior remodel and site modifications:
- Site: Install new asphalt overlay, install two freestanding trellises between bank building and community room. Remove original wall at southwest corner of site and install new concrete planter. Remove existing wood fence at south property line and install new concrete wall. Modify original site wall and install small concrete wall and planter southeast of Community Room. Install new trash bin enclosure at southeast corner of site.
- Bank Building West Elevation: Install new-paired entrance doors; install new sconces on exterior columns; install exhaust kitchen vents on upper part of elevation. - Bank Building East Elevation: Replace ATM openings with windows for menus; install new four-panel door for entrance to raised outdoor seating area; install exhaust kitchen vents. - Bank Building North Elevation: Install restaurant signage. - Community Room: Install fireplace vent on east elevation; replace entrance doors on north and south elevations.

8. Permit #UP16-191, 10/12/2016. Use permit granted for “Seventh and Dolores Steakhouse.” Character Defining Features:

The Carmel-by-the-Sea Historic Context Statement lists the following character defining features of the Bay Region Modern style (page 59), with an evaluation in italics:
- Building integrated with surrounding landscape. Yes.
- Horizontal or Vertical massing with shed roofs. Horizontal massing with dramatic shed roofs present.

Community Room serves as an additional shed-roofed mass, integrated with the bank building through its volume, massing and connection to the bank building with an elevated, wood-clad walkway. - Existing spatial relationship between the bank building and Community Room. - Detached Community Room building connected by a wood-clad upper walkway. - Projecting shed or boxy volumes. Present.
- Exposed structural elements. Present, particularly with the dramatic expression of structural elements on the northwest building envelope.
- Wide expanses of glass set within wood frames. Present, integrating the building and its landscape. - Wood siding as exterior cladding. Present.
- Copper sheet roof cladding.

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*B10. Significance:

The present bank building complex replaced the first Palo Alto Savings and Loan building constructed on the same lot, as shown on the 1962 Sanborn map (Figure 9).

Figure 9. 1962 Sanborn map, showing the previous bank on the subject property (arrow).

The Carmel Pine Cone covered the demolition of the building and construction of the present bank complex consistently beginning in November of 1971, when the plans for the Burde/Shaw complex were presented formerly to the Planning Commission. The Carmel Pine Cone noted the demolition of the former and aesthetically unpopular bank building in March of 1972, stating, “Hard to believe anyone could be nostalgic about a hulking building, which back in 1957, created rage and outcry among the Carmel citizenry.” (“Notes on the Yellow Brick Wall,” Carmel Pine Cone, 3/23/1972, p.4) Disdainful comments about the former structure’s boxy appearance, clad with yellow clay tile and often compared to a shower stall, were common as the former building’s appearance was not popular, particularly given its prominent location on Dolores Street and 7th Avenue.

Carmel would receive one of its more significant Modernist buildings shortly thereafter. Designed by the local architectural team of Walter Burde and Will Shaw, a partnership that contributed numerous buildings in the region, the duo envisioned a commercial example of the Second Bay Region style, one that embraced the surrounding street views of the Carmel landscape; and designed two-building complex – a bank building and detached Community Room – with soaring vertical spaces, wide expanses of glass and an elevated walkway connecting the bank to the Community Room. Charles Lent, Jr., the bank’s new manager noted:
“Heavy beams, 24 new trees in a landscaping package, much more Carmelish style, that will fit in with what is already here.” (“Notes on the Yellow Brick Wall,” Carmel Pine Cone, 3/23/1972, p.4).

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
*B10. Significance:

Copies of original plans in the Carmel-by-the-Sea Planning Department files include a site plan and colored renderings of the elevations (see Figures 1 and 2). The Dolores Street elevation shows the building set within the numerous trees designed for the surrounding landscape. Copies of circa-1970s photographs of the building show the building was painted with a much more active color palette than seen today. Walter Burde’s design included the painting of the roof beams a bright orange color, an homage to Burde’s ongoing interest in Japanese design. Other aspects of Japanese design include the detached Community Room building, whose shed-roofed massing integrates seamlessly with the larger bank building. The Community Room serves as a Japanese pavilion, a detached public space that connects to the bank building via an elevated walkway, a feature that allows patrons to take in views of the Carmel streetscape.

Construction of the bank complex was completed in September 1972. A photograph of the Community Room under construction appeared in the Carmel Pine Cone on August 10, 1972. The caption states: “The Community Room is a daytime reading room, with free coffee, cookies, magazines and The Wall St. Journal provided. The room will be available in the evening for the use of groups in the community, without charge (Carmel Pine Cone, 8/10/1972, p.30). The caption also notes the contributions of the architects, Walter Burde & Associates the primary designer; and Will Shaw & Associates, design and execution of the bank complex.

Walter Burde and Will Shaw, Architects
Walter Burde (FAIA) graduated from the Miami University (Ohio) School of Architecture in 1934 and began his career locally designing hospitals and residences in the Toledo, Ohio area. Following World War II, he began his private practice in 1950, as chief designer for Robert Jones, AIA, aiding design in the award winning Monterey Airport. Walter Burde has won numerous architectural awards, including the American Institute of Architects (AIA) National Honor Award (1969), the Governor’s Design Award (1966), the Monterey Bay Chapter Awards of Merit (1959 and 1976), and became a Fellow at the American Institute of Architects in 1987. His work has been published in numerous architectural journals. Walter Burde was active in the local community and held every office in the Monterey Bay Chapter of the AIA, receiving the Robert Stanton, FAIA award in recognition of his outstanding service. He designed numerous commercial, civic and residential buildings in the region and collaborated with fellow architect Will Shaw under the firm name Burde Shaw Associates.

Born in Los Angeles in 1924, William Vaughn Shaw (FAIA) received his Bachelor of Architecture at the University of California, Berkeley in 1950. Shortly thereafter, he moved to Carmel, where he established his own firm. Will Shaw was admitted to the American Institute of Architects in 1957, served as president of the local Monterey Chapter in 1964 and was awarded his fellowship to the AIA in 1984. Will Shaw was active in local community development and served in various civic capacities. In 1978 Will Shaw, along with Ansel Adams and Fred Farr, founded the Big Sur Foundation, dedicated to the preservation of the Big Sur coastal environment.

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*B10. Significance:

Walter Burde joined Will Shaw’s practice in Carmel, California in 1953 when the latter renamed the firm Burde, Shaw and Kearns, Associates (later Burde Shaw Associates). The partners developed a symbiotic partnership, with Walter Burde reportedly being the more artistic of the two partners and Will Shaw the pragmatist. The firm designed numerous successful and significant commercial, civic and residential projects in the greater Monterey Peninsula area. In Carmel, significant commercial buildings include the Palo Alto-Salinas Savings and Loan Association building (the building’s original name) on the corner of Dolores Street and Seventh Avenue (1972); and the Shell Oil Gas Station on the corner of San Carlos Street and Fourth Avenue (1963). The latter project received a Governor’s Design Award in 1966 for its outstanding design. In 1969, the partners split the two firm offices, with Walter Burde retaining the Carmel office; and Will Shaw retaining the Monterey office. However, the two continued to collaborate both professionally and in their various civic endeavors (Grimes, Teresa, Leslie Heumann, Architectural Resources Group, PAST Consultants, LLC, Historic Context Statement Carmel-by-the-Sea, 1994, 1997, 1998, 2022, p.116).

Historic Integrity
With the exception of entrance-door modifications and selective window glazing replacement, the exterior of the bank complex is essentially intact, with no square footage additions to the original footprints of both the bank building and the Community Room. Interior alterations in 1978, 2013 and 2018 have removed the original bank infrastructure and finishes. The following is the historic integrity assessment:

1. Location. The bank complex is in its original location and maintains integrity of location.

2. Design. The bank complex maintains integrity of design with the presence of all of its exterior characterdefining features.

3. Setting. The setting within the shopping district of downtown Carmel-by-the-Sea remains intact.

4. Workmanship. Integrity of workmanship is retained and highlighted by the dramatic expression of structural elements, the exterior wall cladding and the wide expanses of glass of the bank building and Community Room.

5. Materials. Original materials of steel, glass, wood structural elements and wood wall cladding remain on the building, giving it integrity of materials.

6. Feeling. The building complex maintains integrity of feeling as a commercial building complex designed in the Bay Region Modern style, as reflected by its intact design elements and retention of character defining features.

7. Association. The building complex maintains integrity of association as a commercial building complex designed in the Bay Region Modern style, as reflected by its intact design elements and retention of character defining features
Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
*B10. Significance:

California Register of Historical Resources (CR) Significance Criterion 1. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States.

The subject property is not eligible under this Criterion, as no specific event led to the development of the bank complex. The subject bank complex was designed to replace the first Palo Alto Savings & Loan building at the same location and not because of a specific historic event.

Criterion 2. Associated with the lives of persons important to local, California or national history.

The subject property is associated with significant local architects Walter Burde and Will Shaw who designed the building in 1971 and supervised its construction in 1972. According to California Register criteria, associations with significant architects, landscape architects, or builders should be under Criterion 3.

Criterion 3. Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values.

The building complex on the subject property is significant under this Criterion as an example of the Bay Region Modern style in Carmel-by-the-Sea, designed by the prominent architectural partnership of Walter Burde, AIA and Will Shaw, AIA. The partners worked together in a combined practice before forming separate architectural firms in 1969. In 1971, the two partners combined for the design and execution of the buildings on the subject property.

The building complex’s soaring roof forms, dramatic expression of structure, wide expanses of glass, use of native Redwood for structural framing and exterior wall cladding and the integration of the structures within the landscape are all character defining features of the Bay Region Modern style in Carmel. The two buildings are nearly intact on the exterior and retain all seven aspects of historic integrity.

Criterion 4. Has yielded, or has potential to yield, information important to the prehistory or history of the local area, California or the nation.

Referred to as the archeological criterion, the subject property does not have the potential to yield any important prehistorical information.

California Register Significance Conclusion
The subject property is eligible for the California Register under Criterion 3, in the area of architecture, for its intact Bay Region Modern-stylistic elements designed by prominent local architects Walter Burde & Associates and Will Shaw & Associates. The building complex, consisting of a bank building and detached Community Room connected by an elevated walkway, maintains all of its character defining features and possesses all seven aspects of historic integrity.

Attachment 4
State of California ⎯ The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
CONTINUATION SHEET Trinomial

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*Recorded by: PAST Consultants, LLC *Date: 12/30/22 n Continuation o Update DPR 523L (1/95) *Required information
B10. Significance:

Carmel-by-the-Sea HRI Significance
The subject property satisfies all four aspects of the Carmel-by-the-Sea Historic Resources Inventory (HRI):

A. Should be representative of at least one theme included in the Historic Context Statement.

Completed in 1972, the subject bank complex supports the theme, Architectural Development in Carmel, as a commercial property type constructed in the Bay Region Modern style, a significant architectural style noted in the Carmel Historic Context Statement.

B. Shall retain substantial integrity according to the Federal definition and evaluation methodology for historic integrity as detailed in National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation.

The bank complex maintains all seven aspects of historic integrity, as described previously on Page 9.

C. Should be a minimum of 50 years of age and shall meet at least one of the four criteria for listing on the California Register at a national or statewide level of significance (primary resource) or at a regional or local level of significance (local resource) per CEQA Guidelines Section 15064.5(a)(3).

The bank complex on the subject property is greater than 50 years old and is California-Register eligible.

D. To qualify for the Carmel Inventory, an historic resource eligible under California Register Criterion No. 3 (subsection (C)(3) of this section) only, should have been designed and/or constructed by an architect, designer/builder or contractor whose work has contributed to the unique sense of time and place recognized as significant in the Historic Context Statement.

The bank complex was designed and executed by the partnership of Walter Burde, AIA and Will Shaw, AIA, listed as significant architects in the Carmel Historic Context Statement. The bank complex represents one of the few intact examples of a commercial building complex constructed in downtown Carmel-by-theSea in the Bay Region Modern style. It is eligible under California Register Criterion 3, in the area of architecture, as an outstanding example of Modernist design by a significant team of California architects.

Attachment 4
P.O. Box 721
Pacific Grove, CA 93950
www.pastconsultants.com
Seth A. Bergstein
415.515.6224
[email protected]
________________________________________________________________________________ January 12, 2023
Evan Kort, Associate Planner
City of Carmel-by-the-Sea
PO Box CC
Carmel, CA 93921
Re: SE Corner Dolores St. and 7th Ave., Carmel-by-the-Sea, CA APN 010-145-022/023/024; DR 22-310: Northern California Savings & Loan Dear Mr. Kort:

This letter evaluates the proposed alterations to the property located at the SE corner of Dolores Street and 7th Avenue, in Carmel-by-the-Sea, CA. PAST Consultants, LLC (PAST) completed a site visit to the property on December 29, 2022 to view the property’s existing conditions and to evaluate project drawings for proposed alterations to the subject property.

The subject property contains the Northern California Savings & Loan Complex, constructed in 1972 in the Bay Region Modern style. Designed and executed by prominent local architects Walter Burde & Associates and Will Shaw & Associates, the building complex consists of a primary bank building located on the southeast corner of Dolores Street and 7th Avenue and a detached Community Room, whose shed-roofed design complements the larger bank building. An elevated walkway connects the bank building to the Community Room, creating a complex of two buildings integrated within the site. The building is eligible for listing on the California Register of Historical Resources (CRHR) under Criterion 3, as well as the Carmel Historic Resources Inventory as an outstanding example of Modernist design by a prominent architectural team.

The Northern California Savings & Loan project has been featured in numerous publications, including:
• Architecture of the Monterey Peninsula, a book/exhibit at the Monterey Peninsula of Art, 1976;
• Documentation and Conservation of the Modern Movement – Monterey: A tour of the Monterey Region’s iconic Modernist buildings conducted by DOCOMOMO, 2003; • Carmel, A History in Architecture, Kent Seavey, 2007; and • Carmel Modernism: A museum exhibit by the Monterey Area Architectural Resources Archive (MAARA) held at the Carl Cherry Center for the Arts, Carmel, 2016.

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 2
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 Proposed project
The property owner proposes the moving and relocation of the Community Room from its present location facing Dolores Street on Lot 6 to immediately east of the bank building on Lot 4. The covered walkway connecting the bank building to the Community Room will be demolished.

Design drawings by Jun A. Sillano, AIA, of International Design Group and dated 12/5/2022, were the documents reviewed for this historic assessment.

The following Historic Assessment Report provides a methodology, a summary history of the property, a property description and an evaluation of the proposed alterations for conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Project Methodology
PAST reviewed all relevant project files located at the City of Carmel-by-the-Sea planning and building departments as part of the project. A review of the relevant sections of the Carmel by-theSea Historic Context Statement (Carmel Historic Context Statement) was also conducted. A site visit was completed on December 29, 2022 to assess the building’s existing conditions and to understand the proposed building alterations. As part of the project requirements, PAST also prepared a comprehensive set of DPR523 forms for the subject property.

Summary Property History
The subject property contains the Northern California Savings & Loan building complex.

Completed in 1972 by Walter Burde and Associates and Will Shaw and Associates, the subject property is eligible as a Carmel-by-the-Sea primary historic resource under the Historic Context Statement’s theme of Architectural Development in Carmel and is eligible for listing on the CRHR under Criterion 3, in the area of architecture, as a rare commercial example of the Bay Region Modern style. All relevant project data, property history and an evaluation of historic significance is presented on the DPR523 forms completed in January 2023.1

1 PAST Consultants, LLC. Northern California Savings and Loan (DPR523 forms), 1/3/2023. These forms update and replace the DPR523 forms prepared by Richard N. Janick, architectural historian in 2001.

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 3
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 Property Description
The DPR523 forms provide a comprehensive set of photographs of the bank building and the Community Room. The following description focuses on the Community Room, as its relocation is the primary aspect of the proposed project.

Located south of the bank building and facing Dolores Street, the Community Room is a shedroofed structure, with prominent exposed roof structural elements, copper-sheet roof cladding and fenestration that echoes the same character-defining design features as the bank building. Wall cladding consists of vertical Redwood boards, alternating with walls of glass, which typifies the Bay Region Modern style. A Redwood-clad elevated walkway connects the Community Room to the bank building (Figures 1 - 4).

Figures 1 and 2. Left image looks northeast along Dolores St. at the west and south elevations. Right image details the Dolores St. elevation. The building’s massing, exterior cladding and structural expression is designed to integrate seamlessly with the bank building.

Figures 3 and 4. Left image shows the Community Room’s east elevation. Right image views the west elevation of the elevated walkway connecting the Community Room to the bank building.

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 4
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 Community Room: Building Chronology

1. Permit # 72-80, 10/26/1972: $250,000 for construction of bank and Community Room. Will Shaw and Associates, architects; Carl Swenson, Inc., contractor.

2. Permit # 78-132, 8/4/1978: $30,000 for interior remodel. Holowinski & Blevins, planning architect; Hampshire Construction, contractor.

3. Permit #13-170C, 9/5/2013: Interior remodel. Adam Jeselnick, architect; Hare Construction, contractor. Design review for this permit completed in 2014.

7. Permit #DR 14-23C. As built drawings submitted and design review approved for interior remodel and site modifications:
- Site: Install new asphalt overlay, install two freestanding trellises between bank building and community room. Remove original wall at southwest corner of site and install new concrete planter.

Remove existing wood fence at south property line and install new concrete wall. Modify original site wall and install small concrete wall and planter southeast of Community Room. Install new trash bin enclosure at southeast corner of site.
- Community Room: Install fireplace vent on east elevation; replace entrance doors on north and south elevations.

8. Permit #UP16-191, 10/12/2016. Use permit granted for “Seventh and Dolores Steakhouse.” Character Defining Features
The Community Room’s character defining features are:
• Original spatial relationships between the bank building and the Community Room, with the Community Room placed in a prominent position facing Dolores Street. • Building integrated with surrounding landscape.
• Shed-roofed massing, with exposed structural elements. • Copper-sheet roof cladding that matches the bank building. • Vertical-board Redwood wall cladding.
• Covered walkway connecting to bank building, clad in Redwood boards. • Full-height corner window wall on the south and west elevations. • Original landscape walls and raised paved areas south and west of the Community Room.

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 5
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 Evaluation of Proposed Alterations
The Secretary of the Interior’s Standards
The Secretary of the Interior’s Standards for the Treatment of Historic Properties (Standards) provides the framework for evaluating the impacts of additions and alterations to historic buildings.

The Standards describe four treatment approaches: preservation, rehabilitation, restoration and reconstruction. The Standards require that the treatment approach be determined first, as a different set of standards apply to each approach. For the proposed project, the treatment approach is rehabilitation. The Standards describe rehabilitation as:

In Rehabilitation, historic building materials and character-defining features are protected and maintained as they are in the treatment Preservation; however, an assumption is made prior to work that existing historic fabric has become damaged or deteriorated over time and, as a result, more repair and replacement will be required. Thus, latitude is given in the Standards for Rehabilitation and Guidelines for Rehabilitation to replace extensively deteriorated, damaged, or missing features using either traditional or substitute materials. Of the four treatments, only Rehabilitation includes an opportunity to make possible an efficient contemporary use through alterations and additions.2
The ten Standards for rehabilitation are:

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

2 The Secretary of the Interior’s Standards for the Treatment of Historic Properties (accessed via http://www.nps.gov/hps/tps/standguide/).

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 6
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Evaluation of Proposed Alterations
The proposed building alterations include demolition/removal of the covered walkway, disassembly of the Community Room and reconstruction of the Community Room to the east of the bank.

The following lists the ten Standards for rehabilitation in italics, with an evaluation given below each Standard.

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

Although the subject property has changed from a commercial bank to a commercial restaurant use, the subject building’s current use has required minimal changes to its distinctive exterior materials, features, spaces, and spatial relationships in keeping with this Standard.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

The original spatial relationship between the bank building and the Community Room is a primary character-defining feature of the site. The bank building and the Community Room were designed as an integrated unit, carefully sited to place the Community Room in a prominent position facing Dolores Street. The proposed project to relocate the Community Room removes this vital and original spatial relationship.

The Community Room was a programmatic requirement specifically requested by the bank officials who tasked the architects to design a separate building away from the bank’s regular operations to serve as a meeting space for the local community. This feature was considered a critical element of the bank complex’s design as it was intended to foster greater connection with the bank and the surrounding community, thereby improving public relations and increasing the bank’s community exposure. The Burde/Shaw design team’s solution was to separate the two buildings, yet design the Community Room with the same character-defining features as the bank, including a dramatic shedroofed volume clad with copper sheets, Redwood siding boards that match the bank building and the use of large plate-glass window walls, to integrate the Community Room within its environment.

When viewed from the south on Dolores Street, the Community Room’s massing and placement within the site present a south elevation that integrates the Community Room within the complex’s Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 7
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 overall design, allowing the two building masses to appear as if they were composed as a single building. Relocating the Community Room from its original location would substantially alter the south elevation of the building complex as it appears today.

The Community Room uses the same character defining elements, materials and construction details of the bank building and maintains all seven aspects of historic integrity, including integrity of its original location south of the bank building, and linked by the elevated walkway.

In addition, the proposed Community Room’s relocation removes another important characterdefining feature: the elevated walkway connecting the bank building to the Community Room.

For these reasons, the proposed project is not in conformance with this Standard.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

The proposed alterations do not add conjectural features or elements from other historic properties that would confuse the remaining character-defining features of the subject property. The project is consistent with this Standard.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

This Standard does not apply because no changes to the property have acquired historic significance.

5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

The proposed relocation of the Community Room removes a primary character-defining feature of the original Burde/Shaw design concept: the spatial relationship between the bank building and the Community Room. In addition, the proposed project will remove the elevated walkway, which is another distinctive character-defining feature of the building complex’s design. The proposed project is not in conformance with this Standard.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

In areas of the bank building and Community Room exterior walls where the elevated walkway is proposed to be removed, the proposed project will match in-kind the exterior finishes and materials of both buildings, in keeping with this Standard.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 8
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 It is presumed that physical treatments to repair the existing historic materials of the Community Room would be undertaken using the gentlest means possible. However, this Standard would only apply if relocation of the Community Room is considered acceptable, which it is not.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

This Standard does not apply, as archaeological features are not identified at the site.

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

The proposed relocation of the Community Room removes the original spatial relationship between the bank building and the Community Room, a primary character-defining feature of the site.

In addition, the proposed relocation of the Community Room destroys the historic materials of the covered walkway, removes the original landscape walls and raised pavement areas surrounding the Community Room and alters the original Burde/Shaw design concept by relocating the Community Room elsewhere on the site. The proposed project is not in conformance with this Standard, particularly due to the removal of critical spatial relationships that characterize the property.

10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

The relocation of the Community Room will likely not be reversible, as the intent of the relocation is to develop the lots immediately south of the bank building. In addition, relocation of the Community Room will destroy the integrity of setting of the historic resource. The proposed project is not in conformance with this Standard.

Recommendations for Proposed Project Conformance
According to Carmel-by-the-Sea Municipal Code Chapter 17.32.160/C:

C. If an evaluation concludes that a proposed alteration is not consistent with the Secretary’s Standards, the report shall list aspects of the project that are not consistent along with guidance for modifying the project to comply with the Secretary’s Standards.

The project under consideration proposes the relocation of a primary character-defining feature of the building complex’s original design: the spatial relationship between the bank building and the Community Room. To maintain the integrity of the subject historic site and its environment, this report respectfully recommends a new design approach that allows the original Burde/Shaw design and the building complex’s corresponding character-defining features to remain in place.

Attachment 5
Evan Kort, Associate Planner, Carmel-by-the-Sea Page 9
Northern California Savings & Loan, Carmel-by-the-Sea, CA: Phase Two Historic Assessment January 12, 2023 Conclusion
In conclusion, the proposed relocation of the Community Room is not consistent with the Secretary of the Interior’s Rehabilitation Standards
Please contact me if you have any questions about this evaluation.

Sincerely,
Seth A. Bergstein, Principal
Attachment 5

CITY OF CARMEL-BY-THE-SEA

HISTORIC RESOURCES BOARD
HISTORIC RESOURCES BOARD RESOLUTION NO. 2023-ϬϬϭ-HRB

A RESOLUTION OF THE HISTORIC RESOURCES BOARD OF THE CITY OF CARMEL-BY-THE-SEA ADDING A PROPERTY KNOWN AS THE “NORTHERN CALIFORNIA SAVINGS AND LOAN COMPLEX” LOCATED AT THE SOUTHEAST CORNER OF DOLORES STREET AND 7TH AVENUE IN

THE SERVICE COMMERCIAL (SC) ZONING DISTRICT TO THE CARMEL INVENTORY OF HISTORIC RESOURCES AND CARMEL REGISTER OF HISTORIC RESOURCES; APNS: 010-145-002, 010-145- 023, 010-145-024
WHEREAS, the subject site is known as the Northern California Savings and Loan Complex (“Complex”); and
WHEREAS, the Complex consists of Lots 2, 4, 6, and 8 located on Block 91 and is currently comprised of Assessor Parcel Numbers (APNs: 010-145-002, 010-145-023, 010-145- 024); and
WHEREAS, APN 010-145-002 is comprised of lots 2 & 4 and is owned by D&K Dolores, LLC (“D&K Dolores”). APN 010-145-023 and 010-145-024 are comprised of lot 6 and 8, respectively. Both lots 6 & 8 are owned by Esperanza Carmel Commercial LLC (“Esperanza Carmel”); and
WHEREAS, International Design Group (IDG), (“Applicant”) submitted an application (DR 22-157) on behalf of Esperanza Carmel on May 24, 2022, requesting the construction of a mixed-use building located on Lots 6, 8, and 10 of Block 91; and WHEREAS, the Applicant submitted a second application (DR 22-310) on October 3, 2022, on behalf of D&K Dolores for the relocation of the Community Room to Lot 4 from Lot 6 of Block 91, associated with the proposed improvements shown as part of the application, DR 22-157; and
WHEREAS, in accordance with the City’s Historic Preservation Ordinance (CMC 17.32), No application for property development shall be deemed complete unless it includes a determination that the property is either eligible or ineligible for the Carmel Inventory; and WHEREAS, the Complex has previously been determined to be ineligible for the Carmel Inventory by the City Council on February 4, 2020, however, the previous determination of ineligibly expired on October 26, 2022, when the Complex reached 50-years old and was required to be re-evaluated for its eligibility for the local inventory; and, -?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Resolution No. 2023-ϬϬϭ-HRB

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WHEREAS, staff retained the services of PAST Consultants, a contracted qualified professional retained by the city, to prepare an intensive review of the site to determine whether the Complex meets the criteria for listing on the Carmel Inventory; and WHEREAS, the intensive survey identified the Complex as having the following character-defining features: Building integrated with surrounding landscape; Horizontal or Vertical massing with shed roofs; Existing spatial relationship between the bank building and Community Room; Detached Community Room building connected by a wood-clad upper walkway; Projecting shed or boxy volumes; Exposed structural elements; Wide expanses of glass set within wood frames; Wood siding as exterior cladding; Copper sheet roof cladding; and
WHEREAS, in the intensive survey dated December 2022, prepared by PAST Consultants, it is concluded that the Complex is eligible for listing on the Carmel Inventory of Historic Resources as the property is representative of the theme of Architectural Development in the Context Statement; retains all of its original character-defining features and has retained a high degree of integrity; is greater than 50 years old; and, meets the requirements of Criteria 3 for listing; and
WHEREAS, the evaluation concluded further that the subject property is eligible for listing in the Carmel Inventory as a primary resource because it is eligible for listing on the California Register of Historic Resources (CRHR) under Criteria #3, Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values for its intact Bay Region Modern-stylistic elements designed by prominent local architects Walter Burde & Associates and Will Shaw & Associates, in addition to meeting the criteria for listing on the local inventory as outlined in CMC

17.32.040; and
WHEREAS, the Complex is a Primary Historic Resource, as defined in CMC 17.32.230.N.6; and
WHEREAS, Primary Historic Resources shall mean a historic resource eligible for listing in the California Register due to its national or Statewide significance; and WHEREAS, in accordance with CMC 17.32.230.N.6, all primary resources are included in the Carmel Inventory and the Carmel Register of Historic Resources; WHEREAS, in accordance with CMC 17.32.070.A, Properties determined to be eligible by an administrative determination, or by the Historic Resources Board on appeal, shall become part of the inventory upon completion of an inventory form documenting the resource and issuance of an administrative determination finding by the Department or adoption of a finding by the Board that the property meets the criteria for historic resources; and -?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Resolution No. 2023-ϬϬϭ-HRB

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WHEREAS, staff has referred decision to list property on the Inventory and Register to the Historic Resources Board consistent with CMC 17.52.030.L, due to the past involvement in the site by the board and as a matter of public interest; and WHEREAS, notice of the public hearing was published on January 13, 2023 in compliance with State law (California Government Code 54956); and
WHEREAS, on January 23, 2023, the Historic Resources Board held a public hearing to receive public testimony regarding the Application, including without limitation, information provided to the Historic Resources Board by City staff and public testimony on the project in accordance with CMC 17.58.040.B; and
WHEREAS, this Resolution and its findings are made based upon the evidence presented to the Historic Resources Board at its January 23, 2023, hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and
WHEREAS, the Historic Resources Board did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and
WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA"), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the "CEQA Guidelines") and City Environmental Regulations (CMC 17.60) require the review of certain projects for environmental impacts and preparation of environmental documents; and
WHEREAS, the listing of the subject property on the Carmel Inventory is “not a project” pursuant to section 15378 of the CEQA Guidelines. Listing the Complex on the Carmel Inventory and Carmel Register does not grant any permits or entitlements approving a project that would result in a direct or indirect physical change in the environment; and WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED, that the Historic Resources Board of the City of Carmel-by-the-Sea does hereby add the property known as the “Northern California Savings and Loan Complex” located at the southeast corner of Dolores Street and 7th Avenue (Block 91, Lots 2, 4, 6, & 8) in the Service Commercial (SC) Zoning district to the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources; APNs: 010-145-002, 010-145-023, 010-145-024.

PASSED, APPROVED, AND ADOPTED BY THE HISTORIC RESOURCES BOARD OF THE CITY OF -?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Resolution No. 2023-ϬϬϭ-HRB

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CARMEL-BY-THE-SEA THIS 23rd DAY OF JANUARY 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Jordan Chroman Leah Young
Chair Historic Resources Board Secretary
0??7:B8ȀĀ15<<ȀĀ3?=8A?DȀĀ,:A?=5>
-?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6

CITY OF CARMEL-BY-THE-SEA

HISTORIC RESOURCES BOARD
HISTORIC RESOURCES BOARD RESOLUTION NO. 2023-ϬϬϮ-HRB

A RESOLUTION OF THE HISTORIC RESOURCES BOARD OF THE CITY OF CARMEL-BY-THE-SEA ISSUING A FINDING OF NONCOMPLIANCE WITH THE SECRETARY OF THE INTERIOR’S

STANDARDS FOR THE RELOCATION OF THE NORTHERN CALIFORNIA SAVINGS AND LOAN COMPLEX COMMUNITY ROOM FROM APN 010-145-023 TO APN 010-145-002.

WHEREAS, the subject site is known as the Northern California Savings and Loan Complex (“Complex”); and
WHEREAS, the Complex consists of Lots 2, 4, 6, and 8 located on Block 91 and is currently comprised of Assessor Parcel Numbers (APNs: 010-145-002, 010-145-023, 010-145- 024); and
WHEREAS, APN 010-145-002 is comprised of lots 2 & 4 and is owned by D&K Dolores, LLC (“D&K Dolores”). APN 010-145-023 and 010-145-024 are comprised of lot 6 and 8, respectively. Both lots 6 & 8 are owned by Esperanza Carmel Commercial LLC (“Esperanza Carmel”); and
WHEREAS, International Design Group (IDG), (“Applicant”) submitted an application (DR 22-157) on behalf of Esperanza Carmel on May 24, 2022, requesting the construction of a mixed-use building located on Lots 6, 8, and 10 of Block 91; and WHEREAS, the Applicant submitted a second application (DR 22-310) on October 3, 2022, on behalf of D&K Dolores for the relocation of the Community Room to Lot 4 from Lot 6 of Block 91, associated with the proposed improvements shown as part of the application, DR 22-157; and
WHEREAS, an intensive survey of the Complex dated December 2022, prepared by PAST Consultants, concluded that the Complex is eligible for listing on the Carmel Inventory of Historic Resources as the property is representative of the theme of Architectural Development in the Context Statement; retains all of its original character-defining features and has retained a high degree of integrity; is greater than 50 years old; and, meets the requirements of Criteria 3 for listing; and
WHEREAS, the survey concluded further that the subject property is eligible for listing in the Carmel Inventory as a primary resource because it is eligible for listing on the California Register of Historic Resources (CRHR) under Criteria #3, Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values for its intact Bay Region Modern-stylistic elements designed by -?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Resolution No. 2023-ϬϬϮ-HRB

Page 2 of 4 ends

prominent local architects Walter Burde & Associates and Will Shaw & Associates, in addition to meeting the criteria for listing on the local inventory as outlined in CMC 17.32.040; and WHEREAS, on January 23, 2023, the Historic Resources Board adopted Resolution 2023-ϬϬϭͲHRB, listing the Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources; and
WHEREAS, notwithstanding the adoption of Resolution 2023-ϬϬϭ-HRB, in accordance with the California Environmental Quality Act (CEQA), sites determined to be eligible for listing on the CRHR are a historic resource for the purpose of CEQA and therefore subject to the requirements of the city’s historic preservation ordinance (CMC 17.32); and WHEREAS, the relocation of the Community Room constitutes a major alteration to a historic resource; and
WHEREAS, pursuant to CMC 17.32.160.B, determinations of consistency for major alterations shall be prepared by a qualified professional and shall be supported by written documentation that (1) identifies which of the Secretary of the Interior's Standards for Rehabilitation are applicable to the project, (2) reviews the proposed project, and (3) explains the basis of the determination. If an evaluation concludes that a proposed alteration is not consistent with the Secretary’s Standards, the report shall list aspects of the project that are not consistent, along with guidance for modifying the project to comply with the Secretary’s Standards; and
WHEREAS, staff retained the services of PAST Consultants (“PAST”), a contracted qualified professional retained by the city, to prepare a Phase II Evaluation (“Phase II”) to determine whether the proposed relocation of the Community Room is consistent with the Secretary of the Interior’s Standards; and
WHEREAS, PAST evaluated the project for consistency with the Secretary of the Interior's Ten Standards for Rehabilitation in a Phase II dated January 12, 2023. PAST found that Standards #1, 2, 3, 5, 6, 7, 9, and 10 are applicable to the project. The evaluation concluded that the project, as proposed, is not consistent with Standards #2, 5, 9, and 10 and therefore is not consistent with the Secretary’s Standards; and
WHEREAS, the Phase II recommends as part of the conclusion: The project under consideration proposes the relocation of a primary character-defining feature of the building complex’s original design: the spatial relationship between the bank building and the Community Room. To maintain the integrity of the subject historic site and its environment, this report respectfully recommends a new design approach that allows the original Burde/Shaw design and the building complex’s corresponding character-defining features to remain in place; and
-?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Resolution No. 2023-ϬϬϮ-HRB

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WHEREAS, notice of the public hearing was published on January 13, 2023, in compliance with State law (California Government Code 54956); and WHEREAS, on January 23, 2023, the Historic Resources Board held a public hearing to receive public testimony regarding the Application, including, without limitation, the information provided to the Historic Resources Board by City staff and public testimony on the project in accordance with CMC 17.58.040.B; and
WHEREAS, this Resolution and its findings are made based upon the evidence presented to the Historic Resources Board at its January 23, 2023, hearing, including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and
WHEREAS, the Historic Resources Board did hear and consider all said reports, attachments, recommendations, and testimony herein above set forth and used their independent judgment to evaluate the project; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED, that the Historic Resources Board of the City of Carmel-by-the-Sea does hereby find the project inconsistent with the Secretary’s Standards as follows:

1. Relocating the Community Room from its original location would substantially alter the south elevation of the building complex and result in the removal of the elevated walkway, which is an important character-defining feature. (Standard 2)

2. Relocating the Community Room removes the spatial relationship between the bank building and the Community Room, which is a primary character-defining feature of the original design concept. (Standard 5)

3. Relocating the Community Room destroys historic materials of the covered walkway, removes the original landscape walls and raised pavement areas surrounding the Community Room, and alters the original design concept by relocating the Community Room elsewhere on the site. (Standard 9)

4. Relocating the Community Room is not reversible and will destroy the integrity of the setting of the historic resource. (Standard 10)
BE IT FURTHER RESOLVED that the Historic Resources Board of the City of Carmel-bythe-Sea issues a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings and Loan Complex Community Room located at the southeast corner of Dolores Street and 7th Avenue in the Service Commercial (SC) Zoning district; APNs: 010-145-002, 010-145-023, 010-145-024.
-?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Resolution No. 2023-ϬϬϮ-HRB

Page 4 of 4 ends

PASSED, APPROVED, AND ADOPTED BY THE HISTORIC RESOURCES BOARD OF THE CITY OF CARMEL-BY-THE-SEA THIS 23rd DAY OF JANUARY 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Jordan Chroman Leah Young
Chair Historic Resources Board Secretary
0??7:B8ȀĀ15<<ȀĀ3?=8A?DȀĀ,:A?=5>
-?6B4;9>Ā.>C8<?@8Ā2-)Ā!"""$!$# .,!" %/(, *,"( (.$+#'"$&/(, Attachment 6
Attachment 7
Attachment 7
Attachment 7
Attachment 7

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2021-043

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DENYING THE APPEAL BY CHRISTOPHER MITCHELL (APP 21-197) AND UPHOLDING THE

HISTORIC RESOURCES BOARD'S DECISION TO ISSUE A FINDING OF NONCOMPLIANCE

WITH THE SECRETARY OF THE INTERIOR'S STANDARDS FOR THE DEMOLITION OF THE PALO AL TO SAVINGS AND LOAN BANK COMMUNITY ROOM LOCATED AT DOLORES 2 SOUTHEAST OF 7TH AVENUE, IN THE SERVICE COMMERCIAL (SC) ZONING DISTRICT, APN: 010-101-017.

WHEREAS, the owner of the subject property is Esperanza Carmel Commercial, LLC ("Owner"); and
WHEREAS, Alem Dermicek of International Design Group, submitted an application on behalf of the owner requesting the approval of a Design Review "DR 20-395" ("project"); and WHEREAS, the project is proposed to be located on a 12,000 square foot site located at Dolores 2 SE 7th, in the Service Commercial (SC) Zoning District (Block 91, Lot 6, 8, 1 O); and WHEREAS, the project consists of the demolition of all improvements across the three lots and construction of a 16,898 square foot two story mixed-use development with a 11,371 square foot basement garage. Two-thirds of the project site (lots 6 & 8) are located on part of the Palo Alto Savings and Loan Bank complex (comprised of a bank building and a community room) which currently occupies Lots 2, 4, 6, and 8 of Block 91; and WHEREAS, on April 19, 2021, the Historic Resources Board held a duly noticed public hearing to receive public testimony regarding the project, including without limitation, information provided to the Historic Resources Board by City staff and through public testimony on the proposed use; and
WHEREAS, the complex is not eligible for listing on the nation or local inventory as it fails to meet the 50-year old age requirement, however, the complex is eligible for listing on the California Register of Historic Resources (CRHR); and
WHEREAS, in 2019, a Determination of Ineligibility for listing on the City's Historic Inventory was issued for the complex and will expire on October 26, 2022; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guideline §15064.5(a)(1), a structure must be treated as a historic resource if it is listed in, or determined to be eligible for listing in, the California Register of Historic Resources; and WHEREAS, the project qualifies as a Major Alteration to a Historic Resource pursuant to CMC 17.32.160; and
WHEREAS, pursuant to CMC 17.32.120 (Alteration of Historic Resources), a determination of consistency with the Secretary's Standards shall be obtained prior to altering, remodeling, demolishing, grading, relocating, reconstructing or restoring any historic resource; and Attachment 7
Resolution No. 2021-043

Page 2 of 4 ends

WHEREAS, pursuant to CMG 17.32.160.B, determinations of consistency for major alterations shall be prepared by a qualified professional and shall be supported by written documentation that (1) identifies which of the Secretary of the Interior's Standards for Rehabilitation are applicable to the project, (2) reviews the proposed project, and (3) explains the basis of the determination; and
WHEREAS, pursuant to CMG 17.32.160.B.1.b, if the Board does not concur, the Board may request additional information prior to issuance of a determination of consistency, or may issue a finding of noncompliance with the Secretary's Standards. Any finding of noncompliance by the Board shall be supported by substantial evidence; and WHEREAS, the project was considered by the Historic Resources Board at the April 19, 2021 hearing and the board voted to continue the item with direction to Staff to prepare a resolution for adoption for the issuance of a Finding on Noncompliance; and WHEREAS, on May 17, 2021, the Historic Resources Board adopted Resolution 2021- 03-HRB, issuing a Finding of Noncompliance; and
WHEREAS, on May 19, 2021, a timley appeal (APP 21-179) of the Finding of Noncompliance of DR 20-395 was filed with the City Clerk by Christopher Mitchell ("Applicant"); and
WHEREAS, on August 3, 2021, the City Council held a duly noticed public hearing to receive public testimony regarding the appeal, including without limitation, information provided to the City Council by City staff and through public testimony on the proposed project; and WHEREAS, on August 3, 2021, the City Council held a de novo hearing to consider the appeal; and
WHEREAS, this Resolution and its findings are made based upon evidence presented to the Council at the August 3, 2021 hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, notice of the public hearing was published on July 23, 2021, in compliance with State law (California Government Code 65090) indicating the date and time of the public hearing; and
WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:

Deny the appeal by Christopher Mitchell, on behalf of Esperanza Carmel Commercial, LLC, (APP 21-184) and uphold the Historic Resources Board's decision to issue a Finding of Noncompliance with the Secretary of the Interior's Standards for the demolition of the Palo Alto Savings and Loan Bank Community Room located at Dolores 2 southeast of 7th Avenue, in the Service Commercial (SC) Zoning District, APN: 010-101-017, as found in Historic Resources Board Resolution: Resolution 2021-03-HRB adopted on May 17, 2021.

Attachment 7
Resolution No. 2021-043

Page 3 of 4 ends

Findings for Denial of Appeal
No.

1. The purposes of historic preservation and the city's historic preservation ordinance is · to preserve the best pieces of the historic development of a place/city through its significant architecture to preserve these buildings which represent important periods in a City's heritage. The Palo Alto Savings and Loan building can be considered one of the most exceptional and significant buildings to be constructed in the commercial district of Carmel durina the entire decade of the 1970's.

2. The City's Historic Context Statement identifies the Bay Region style and/or Second Bay Region Style as important substyle within the larger theme of Modern architecture -the building is "representative of at least one theme" in the existing Historic Context Statement.

3. The building is acknowledged as exceptionally significant and is 49 years old. In less than one year, it will only need to be of normal significance for inclusion on the inventorv.

4. Together, the bank building and community room creates a spatial relationships on the property which are in themselves character defining, uses the same character defining elements of construction and detail, are built at the same time, designed and built bv the same master architects.

5. Pertinent testimony from a number of respected architects who opined that the former Palo Alto Savings and Loan Bank was an exceptional example of its architectural style, the work of master architects, retained a high level of integrity and embodied the distinctive characteristics of its type and period. Their professional opinions confirmed that sufficient time had elapsed since the construction of the Bank complex to allow for a scholarly perspective on its significance and its place in Carmel's architectural historv.

6. Following the Bank president's mandate, bank staff in each city where a branch was to be located, were directed to become more involved in local improvement projects and to provide meeting space for the community as part of the Bank's public relations strategy. Burde and Shaw, the architects of the Bank complex, were tasked to design a small building separated from the Bank that would be used for this express purpose.

The view contained in the Phase II Report for this project that the Community Room was simnlv "a oostscrint to the architects' intentions" is false.

7. The Community Room is not required to become significant in its own right. There are no historic preservation rules that would force it to stand on its individual merit in order to qualify for historic status. The Community Room remains a vital part of the architects' original design. While it is subordinate to the former Bank building, it continues to have an imoortant soatial relationshio to it.

8. The Bank building and the Community Room are a historically related unit. Though the room is subordinate to the Bank, it has retained its historic integrity and is an integral component of the original design as approved by the architects' client, the owners of the Palo Alto Savings and Loan Bank.

9. In the case of the Community Room, despite being an auxiliary use it was still part of the original concept of the building from the beginning.

10. Simply because an element of a building is smaller or "subordinate" to other parts does not make them less important to the whole as a piece of architecture.

Attachment 7
Resolution No. 2021-043

Page 4 of 4 ends

11. The Bank complex is eligible for listing on the California Register of Historic Resources for purposes of the California Environmental Quality Act (CEQA).

12. Both buildings are the work of two master architects, Walter Burde and Will Shaw, who are listed in the Carmel Historic Context Statement, whose office was located in downtown Carmel, and whose other individual works include the Christian Science Church in Carmel, the original Monterey Airport Terminal and Tower, the Custom House renovation in Monterey and the Highlands Inn reconstruction. Shaw also collaborated with renowned photographer, Ansel Adams, to create the Foundation for Environmental Design, a group that supported worthy projects that blended into the natural environment.

13. A new construction project on the site of a demolished Community Room would constitute an adverse effect on the Bank complex and destroy the original concept as designed by two of Monterey County's most respected master architects.

14. The community room section of the building was designed right along with the rest of the building and contains all the character defining features of the main bank building:
shed roof and copper roofing, angular forms and irregular massing, plate glass window walls, traditional materials used within a Modern architecture vocabulary, Integration of the building with its setting, Integration of the outdoors with interior spaces, Redwood sidina and beams.

15. The community room was constructed at the same time by the same builder. It's materials, detailing, composition are all at the same level of quality as the main bank building.

16. The Community Room element of the building adds to the complexity and richness of the overall resource which, if taken away, would significantly negatively impact the quality of architecture of the bank buildina.

17. The structural connection in the design of this building was very intentional and strong, and is all part of one piece of significant architecture-one historic resource.

18. By removing the community room the south elevation of the resource is completely changed and is not the intended design from the public right-of-way on the south side.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 3rd day of August, 2021, by the following vote:

AYES: COUNCIL MEMBERS BARON, FEAUTO, THEIS, MAYOR PRO TEM RICHARDS,

MAYOR POTTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPROVED: ATTEST:

Dave Potter
Mayor
Britt Avrit, MMC
City Clerk
Attachment 7

CARMEL-BY-THE-SEA

NOTICE OF INELIGIBILITY
For the Carmel Historic Resources Inventory
On February 4, 2020 the City Council determined that the property identified below does not constitute an historic resource.

Assessor’s Parcel Number: 010-145-020
Current Owner: CPines 7, LLC c/o Jeff Peterson
Block/Lot: 91/2, 4, 6, 8
Street Location: SE Corner Dolores & 7th
Lot size: 16,000 square feet
Original Date of Construction: 1972
The basis for this determination is:
; The property lacks sufficient age to be considered historic. ‰ The property has substantially lost its historic integrity through alterations, additions, deterioration, changes in the surrounding environment or other causes. ; The property does not relate to historic themes or property types established in the Historic Context Statement for Carmel-by-the-Sea.
; The property has no association with important events, people or architecture that are identified in the Historic Context Statement or that represent the historical/cultural evolution of Carmel-by-the-Sea.
‰ There are other better examples of the builder’s work in the city.

Pursuant to CMC Section 17.32.060.D.4, properties developed less than 50 years prior to the issuance of a determination of ineligibility, but more than 45 years prior to the determination, shall only be valid until the building, structure or objects reaches the age of 50 years. Therefore, this determination shall expire on October 26, 2022.
_________________________________
Marnie R. Waffle, AICP
Acting Community Planning & Building Director
Attachment 8
 










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Attachment 9

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