NOW THEREFORE, BUT IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, defer appointments to the Community Activities Commission and the Building Code Board of Appeals to a future date.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Second Reading and Adoption of Ordinance No. 2023-003 Amending Chapter 3.12 of the City of Carmel-by-the-Sea Municipal Code to Regulate Contracting Including Purchases of Supplies and Services
RECOMMENDATION:
Motion to adopt Ordinance No. 2023-003 Amending Chapter 3.12 of the City of Carmel-by-the-Sea Municipal Code to Regulate Contracting Including Purchases of Supplies and Services.
BACKGROUND/SUMMARY:
One of the City Council’s Strategic Priorities is to update the City’s Municipal Code regarding purchasing.
Council directed the City Attorney to provide a more contemporary purchasing policy ordinance for the City Council to consider.
Council held a public hearing at a Regular City Council Meeting on May 2, 2023, and introduced Draft Ordinance No. 2023-003 Amending Chapter 3.12 of the City of Carmel-by-the-Sea Municipal Code to Regulate Contracting Including Purchases of Supplies and Services. Council approved a motion to waive full reading and introduce the Ordinance with the following amendments:
1. Signatories: the Mayor (or Mayor Pro Tem); or the City Administrator when directed by the City Council, resolution, ordinance, or the municipal code; will sign for contracts less than $60,000; and department directors for contracts less than $10,000.
2. Local Business Policy: The Local Business Policy section was added as Article VII to the Ordinance and will be codified into the Municipal Code upon adoption of the Ordinance.
The redline version of the changes to the draft purchasing Ordinance made by Council motion at the May 2 nd City Council meeting is included as Attachment 1. The clean version of the final Ordinance for adoption is included as Attachment 2.
Recommendation
Staff recommends that Council adopt Ordinance No. 2023-003 (Attachment 2).
FISCAL IMPACT:
No direct fiscal impact for this action. FIS
PRIOR CITY COUNCIL ACTION:
On May 2, 2023, Council held a public hearing and introduced Ordinance No. 2023-003, and directed staff to come back with changes as outlined in this staff report.
ATTACHMENTS:
Attachment 1) Redline of Chapter 3.12 displaying changes requested by Council Attachment 2) Ordinance 2023-003 (Clean version)
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2023-003
ORDINANCE AMENDING CHAPTER 3.12 OF THE CITY OF CARMEL- BY-THE-SEA
MUNICIPAL CODE TO REGULATE CONTRACTING INCLUDING PURCHASES OF
SUPPLIES, SERVICES AND PUBLIC WORKS PROJECTS
The City Council of the City of Carmel-by-the-Sea does ordain as follows:
SECTION 1: Findings.
A. The City periodically reviews its purchasing regulations to ensure that it complies with applicable law and implements policies enacted in the public interest; B. A review of the City of Carmel-by-the-Sea Municipal Code shows that many of the City’s purchasing regulations are at least 20 years old and should be amended to conform with current public expectations for delivering goods and services; C. Among other things, the cost increases associated with goods and services in the past 20 years justifies a corresponding increase in authority for signing agreements between the City and contractors; and
D. The changes enacted by this Ordinance are in the public interest to help facilitate the timely and efficient delivery of public services.
SECTION 2: Local Business Policy. The City Council finds that it is in the public interest to promote utilization of Local Businesses that are small or minority owned such as Disadvantaged Business Enterprises, Minority Business Enterprises, Woman Business Enterprises, Disabled Veteran Business Enterprises in all aspects of purchasing in accordance with applicable law.
Accordingly, the City Administrator is authorized to encourage participation of all DBE’s, MBE’s, WBE’s, DVBE’s and SLB’s located with the City’s jurisdiction to the extent allowed by applicable law. To help meet this policy goal, the City Administrator may utilize the vendor program implemented by the County of Monterey’s “Small LOCAL Business Outreach Program.” SECTION 23: Municipal Code Amendment. Chapter 3.12 of the Carmel-by-the-Sea Municipal Code is amended in its entirety to read as set forth in attached “Exhibit A,” which is incorporated by reference.
SECTION 34: Environmental Review. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it consists only of revisions and clarifications to existing purchasing regulations and procedures related thereto.
Adoption of this Ordinance will not have the
Attachment 1
effect of deleting or substantially changing any regulatory standards or required findings.
SECTION 45: Invalidity. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 56: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 67: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Carmel-by-the-Sea book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 78: This Ordinance will take effect on the 30th day following its final passage and adoption.
INTRODUCED at a Regular City Council Meeting on May 2, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this ___ day of ____________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
EXHIBIT A
Chapter 3.12 PURCHASING SYSTEM
Article I. General Regulations
3.12.010. Purpose.
This chapter is adopted pursuant to the city’s general and specific contracting powers and, without limitation, Government Code § 40602 for the purpose of establishing the requirements to bind the city by contract.
3.12.020. Generally.
The city is not bound by any contract unless the contract is in writing, approved as to form by the city attorney, and signed on behalf of the city by an officer or officers as set forth in this chapter. Any such officer must sign a contract on the city’s behalf when directed to do so by the city council.
3.12.030. City Council Authority.
Unless otherwise provided in this code, a resolution, or ordinance, the city council must approve all contracts and direct the mayor, or other officer, to sign a contract on the city’s behalf.
3.12.040. Signature Authority.
In accordance with Government Code § 40602, the following officers are authorized to sign contracts on the City’s behalf:
A. The Mayor or, if the Mayor is unavailable, the Mayor pro tem; B. The city administrator when directed to do so by the city council, resolution, ordinance, or any provision of this code;
C. The city administrator for contracts less than $60,000; and D. Department directors for contracts less than $10,000,25,000.
3.12.050. Contracting Authority.
The City Administrator and Department Directors are authorized to solicit bids, award contracts, and select vendors without a bid as allowed by this chapter, up to the limits of their respective signature authority.
3.12.060. Purchasing Agent.
The City Administrator, or designee, is the City’s purchasing agent and is authorized to implement this chapter. To do so, the City Administrator may promulgate administrative policies and procedures to facilitate the requirements of this chapter.
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3.12.070. Encumbrance of Funds.
A contract for supplies, materials, services, equipment, or public works projects may not be issued unless an unencumbered appropriation exists in the fund against which the purchase is to be charged.
3.12.080. Certification of Receipt.
The Department of Administrative Services shall not process any invoice or other demand for payment for supplies, materials, or equipment until the department receiving such has authorized payment through invoice and contract. Department heads shall file such certification no later than the next regular payment cycle following the receipt of such supplies, materials, equipment or public works projects.
3.12.090. Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
A. “Contract” may include a purchase order, construction contract, or professional services agreement as the context may dictate.
B. “General Services” means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning.
C. “Open market purchases” means purchases which are unrestricted and competitive, and may include any individual, group or business who chooses to participate.
D. “Professional Services” means those services provided to the City by independent consultants that are predominantly intellectual and varied in character – as opposed to manual or routine in nature – which require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services (e.g., lawyers, engineers, architects, certified public accountants and land-use planners).
E. “Purchase” includes renting, leasing, purchasing, licensing, or a trade or supplies.
F. “Supplies” includes general services; equipment; materials; goods, parts; miscellaneous commodities; and other office supplies. “Supplies” does not include professional services. Refer to Chapter 8.68 of this code regarding Environmentally Acceptable Materials.
Attachment 1
G. “Uniform Guidance” means Federal Purchasing requirements published by the Office of Management and Budget (OMB). The OMB issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Rule (on December 26, 2013) which applies to all non- federal entities receiving Federal awards, and to all new federal awards and existing awards that receive additional funding (or funding increments) after December 26, 2014.
3.12.100. Inspection - Testing.
The purchasing agent must inspect supplies, materials, equipment, or public works projects delivered and contractual services performed, to determine conformance with the specifications set forth in the order or contract. The purchasing agent has authority to require tests of samples submitted with bids and samples of deliverables which are necessary to determine the quality of certain items and conformance with bid specifications.
3.12.110. Exceptions to bidding. Notwithstanding any other requirement of this chapter, bidding is not required for the following:
A. Emergency Purchasing. During a declared state of local emergency, bidding is not required.
The city administrator must provide a report to the city council in accordance with applicable law regarding such emergency purchases.
B. Convenience. When the supply can be obtained from only one vendor or there are circumstances demonstrating only one vendor is best qualified to provide the supplies.
C. Best Value. The city administrator may select the lowest responsible and responsive bidder based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications along with the nature of the goods, supplies, or equipment.
D. Cooperative Purchasing. Where the purchasing agent identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, or federal governmental agency, the purchasing agent may join into an existing written purchase contract through a competitive bidding process prepared by and awarded by another local, state or federal governmental agency.
E. Supplies less than $5,000. Purchases made for supplies with an estimated value of less than $5,000 may be purchased on the open market without bidding requirements.
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3.12.120. Professional services.
The purchasing agent may utilize requests for qualifications and requests for proposals, as desirable, when considering retention of professional services.
Article II. Surplus Property
3.12.130. Surplus Supplies and Equipment.
Surplus property may be disposed in accordance with this Article and Government Code § 37350. Disposal of surplus property with a value exceeding $25,000 must be approved by the City Council.
3.12.140. Authorization.
A. The purchasing agent is authorized to dispose of salvageable Surplus Property through sale in the open market. Property disposition may occur by public auction, competitive sealed bids, or exchange or trade in for new goods.
B. The purchasing agent is authorized to sell any Surplus Property to a governmental, public, or quasi-public agency without advertisement for or receipt of bids.
C. The purchasing agent is authorized to donate, as appropriate, Surplus Property to any governmental, public, or quasi-public agencies, charities, or non-profit organizations.
D. The purchasing agent is authorized to dispose of Surplus Property that does not have salvage value, as determined by the purchasing agent, or designee, in any reasonable manner.
3.12.150. Record-keeping and Proceeds.
A. The purchasing agent must keep regular logs showing the Surplus Property, the method of disposal, and the amounts recovered from its disposal.
B. Proceeds from the sale of the Surplus Property must be deposited into the appropriate City fund as determined by the purchasing agent.
Article III. Supplies/General Services –
Open Market Purchases/Purchases Under $60,000
3.12.160. Authorized Purchases Under $60,000.
Purchases of supplies and general services with an estimated market value of more than $5,000 but under $60,000 may be made by the purchasing
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agent in the open market, as described in this article, without observing the formal contract procedures in this chapter. Purchases of $5,000 or less may be made without informal bid of obtaining three written quotes at the discretion of the purchasing agent.
3.12.170. Quotations - Notice of Invitation.
The purchasing agent shall invite quotations from prospective sellers, vendors, suppliers or contractors.
3.12.180. Quotations - Submission in Writing.
Written quotations shall be submitted to the purchasing agent who shall keep a record of all open market quotations and orders for a period of two years after receipt of such quotations.
3.12.190. Quotations - Number Required.
Open market purchases shall be based on at least three written quotations and recorded with the purchase order for payment. If three quotations cannot be reasonably solicited, the purchasing agent shall record the specific reasons with the purchase order for payment.
3.12.200. Quotations - Rejection.
The purchasing agent, at her/his sole discretion, may reject all quotations for any reason whatsoever and may invite new written quotations.
3.12.210. Award of Contract.
A contract may be awarded by the purchasing agent to the person submitting the lowest responsible, responsive quotation except if two or more quotations are received for the same total amount or unit price, quality and service being equal, and further, if in the sole discretion of the purchasing agent the public interest will not permit the delay of inviting new quotations, then the purchasing agent may accept the one she/he chooses or accept the lowest quotation made by negotiation with the persons submitting the tie quotations.
Article IV. Supplies/General Services –
Formal Bid Procedures/Purchases of $60,000 or More
3.12.220. Formal Contract Procedure.
Except as otherwise provided, supplies and general services of an estimated market value of $60,000 or more must be considered by the City Council. An award of contract, if any, may only be provided to the lowest responsible, responsive bidder pursuant to the procedure prescribed in this article.
3.12.230. Notice Inviting Bids.
Notice inviting bids shall include a general description of the supplies to be Attachment 1
purchased or general services to be rendered, state where bid forms and specifications may be secured, identify the contact person, and state the date, time and place for opening bids.
3.12.240. Published Notice.
Notice inviting bids shall be published at least 10 days before the date of opening of the bids, and shall be published two times, five days apart, in newspaper of general circulation in the City and such additional newspaper or other means of bid advertising that the purchasing agent may select to find the greatest number of potential bidders.
3.12.250. Bidders/Vendor List.
The purchasing agent shall also directly solicit sealed bids from all prospective suppliers known to the purchasing agent as responsible bidders and/or vendors dealing in the product to be purchased or the general services to be rendered.
3.12.260. Bidders Security.
When deemed necessary by the purchasing agent, bidders security may be required in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of bid security. If a successful bidder refuses or fails to execute the contract within 15 calendar days after notice of award of contract has been mailed, they shall forfeit their bid security as liquidated damages to cover the cost of City re-bidding or awarding a contract to the next lowest bidder, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible, responsive bidder. If the City Council awards the contract to the next lowest responsible, responsive bidder, the amount of the lowest bidders security shall be applied by the City to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder.
3.12.270. Bid Opening Procedure.
Sealed bids (with name of the project identified on the exterior of the envelope) shall be submitted to the City Clerk who shall record the date and time received on the exterior of the envelope. Bids shall be opened in public at the time and place stated in the notice. All bids received shall be on file in the City Clerk’s office for public inspection during regular business hours.
3.12.280. Rejection of Bids.
The City Council may reject any or all bids presented, to accept or reject any one or more items of a bid, waive any irregularity, and may, at its discretion, re-advertise the project for bids.
3.12.290. Open Market Purchase.
After rejecting bids, the City Council may determine that the supplies, Attachment 1
services, materials, or equipment may be purchased at a lower price in the open market, and it may direct the purchasing agent to so purchase.
3.12.300. Lowest responsible, responsive bidder.
A. For the purposes of this chapter, in addition to price, “lowest responsible, responsive bidder” will be determined based on consideration of the following factors:
1. The ability, capacity and skill of the bidder to perform the contract or provide the supplies;
2. Whether the bidder has the facilities to perform the contract or provide the supplies promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The bidder’s record or performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract; and
7. The quality, availability and adaptability of the supplies to the particular use required.
3.12.310. Tie Bids.
If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening.
3.12.320. Award of Contract.
Except as otherwise provided, an award of contract, if any, may only be provided to the lowest responsible, responsive bidder.
3.12.330. Bonds.
Before entering into a contract, the purchasing agent has authority to require a performance bond in such amount as it shall find reasonably necessary to protect the best interest of the City. If the City requires a performance bond, the form and amount of the bond shall be described in the notice of solicitation inviting bids. A contractor must provide such
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additional bonds that may be required by applicable law including, without limitation, Civil Code § 9550 regulating payment bonds.
Article V. Federal Requirements
3.12.340. Uniform Guidance. Whenever Federal Award funds are used the following criteria must be followed in addition to this chapter:
A. Requirements. The Uniform Guidance requirements for sub-award and sub- recipient is based on the pass-through agency. If the pass-thru agency is subject to the Uniform Guidance (i.e., if the source of funds are federal and the pass-through agency is subject to Uniform Guidance), then the sub- award or sub-recipient is also subject to the Uniform Guidance. The requirement for a sub-award, no matter when the sub-award was made, flows from the requirements of the original federal award from the federal awarding agency.
B. Micro Purchases. The maximum aggregated amount for micro purchases is $3,500. The maximum amount for construction projects is $2,000 and is subject to the Davis-Bacon Act (Prevailing Wages). Micro purchases are exempt from the City’s informal and formal bidding processes, so there are no requirements for multiple quotations. To the extent practical the City must distribute micro-purchases equitably among qualified suppliers.
C. Small Purchases. Small purchases utilize simple and informal procurement methods. The acquisition threshold is currently $150,000. The Uniform Guidance states quotes for small purchases must be obtained from an “adequate” number of qualified sources. There is no specific number of sources required by the Uniform Guidance, thus one quote can be sufficient as long as there is proper documentation. Quotes can be obtained from suppliers or from public websites (i.e., City may use internet searches as documentation).
D. Sealed Bids. Sealed bids are required for contracts in excess of $150,000 and is the preferred method for construction contracts. Sealed bids are also appropriate for fixed price contracts where bidders are provided complete and adequate specifications. Additionally, sealed bids must come from two or more qualified bidders must be publicly advertised and solicited from an adequate number of suppliers. The contract is awarded to the lowest responsive and responsible bidder.
E. Competitive Proposals. Competitive proposals are required for contracts in excess of $150,000 and is the preferred method for architectural, engineering and Professional Services. Request for Proposals must be publicized and proposals solicited from an adequate number of qualified sources. Competitive proposals are awarded to the most advantageous bid which considers both price and other factors. The City does not have to select the lowest bid.
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F. Sole Source. Vendor must meet at least one of the following criteria:
1. The vendor offers a unique supply or service that can only be fulfilled by one vendor or only one known source for the supply/service exists;
2. There is a public emergency;
3. After soliciting a number of sources, the competition is deemed inadequate; and
4. Written request has been made and approved by the federal agency responsible for the grant.
5. The City must have written pre-approval from the federal awarding agency.
Additionally, the City must have proper documentation as to why a sole source vendor was required in these circumstances. The sole source must be properly documented and the City must maintain the documentation.
Article VI. Prohibitions
3.12.350. Illegal Contracts - Interest by City Officer, Employee.
A. It is a misdemeanor for any elected or appointed official, officer or employee of the City to be, or become directly interested in, any contract work or business, or in the sale of any article, the expense, price or consideration of which is payable from the City treasury, nor shall such officer or employee receive any gratuity or advantage from any contract or person furnishing labor or material for same.
B. Any contract with the City that any officer or employee has or develops an interest in may be declared void by the City Council.
C. Members of City volunteer and support organizations who are not also full- or parttime employees of the City shall be exempt from the provisions of this section.
D. The provisions of this section shall not be construed to excuse noncompliance with State laws regulating conflicts of interest.
3.12.360. Interference with Bidding Procedure by Officer or Employee.
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It is a misdemeanor for any elected or appointed official, officer or employee of the City to aid or assist a bidder in securing a contract to furnish labor, materials, supplies, equipment, services, or public works projects at a higher price or rate than that proposed by any other bidder, or favor one bidder over another, or give or withhold information from any bidder not given or withheld from all other bidders, or willfully mislead any bidder in regard to the character of the materials or supplies called for, or knowingly accept materials, supplies or equipment of a quality inferior to that called for by the contract or knowingly certify to a greater amount of labor performed or materials, supplies or equipment furnished, than has respectively been performed or received.
3.12.370. Segmentation Prohibited.
It is a misdemeanor to knowingly take action to separate purchases into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements set forth in this chapter.
VII. Local Business Policy
3.12.370 Local Business Policy.
The City Council finds that it is in the public interest to promote utilization of Local Businesses that are small or minority owned such as Disadvantaged Business Enterprises, Minority Business Enterprises, Woman Business Enterprises, Disabled Veteran Business Enterprises in all aspects of purchasing in accordance with applicable law. Accordingly, the City Administrator is authorized to encourage participation of all DBE’s, MBE’s, WBE’s, DVBE’s and SLB’s located with the City’s jurisdiction to the extent allowed by applicable law. To help meet this policy goal, the City Administrator may utilize the vendor program implemented by the County of Monterey’s “Small LOCAL Business Outreach Program.” Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2023-003
ORDINANCE AMENDING CHAPTER 3.12 OF THE CITY OF CARMEL- BY-THE-SEA
MUNICIPAL CODE TO REGULATE CONTRACTING INCLUDING PURCHASES OF SUPPLIES,
SERVICES AND PUBLIC WORKS PROJECTS
The City Council of the City of Carmel-by-the-Sea does ordain as follows:
SECTION 1: Findings.
A. The City periodically reviews its purchasing regulations to ensure that it complies with applicable law and implements policies enacted in the public interest; B. A review of the City of Carmel-by-the-Sea Municipal Code shows that many of the City’s purchasing regulations are at least 20 years old and should be amended to conform with current public expectations for delivering goods and services; C. Among other things, the cost increases associated with goods and services in the past 20 years justifies a corresponding increase in authority for signing agreements between the City and contractors; and
D. The changes enacted by this Ordinance are in the public interest to help facilitate the timely and efficient delivery of public services.
SECTION 2: Municipal Code Amendment. Chapter 3.12 of the Carmel-by-the-Sea Municipal Code is amended in its entirety to read as set forth in attached “Exhibit A,” which is incorporated by reference.
SECTION 3: Environmental Review. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it consists only of revisions and clarifications to existing purchasing regulations and procedures related thereto.
Adoption of this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings.
SECTION 4: Invalidity. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 5: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
Attachment 2
Ordinance No. 2023-003
SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Carmel-by-the-Sea book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 7: This Ordinance will take effect on the 30th day following its final passage and adoption.
INTRODUCED at a Regular City Council Meeting on May 2, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this 6th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 2
Ordinance No. 2023-003
EXHIBIT A
Chapter 3.12 PURCHASING SYSTEM
Article I. General Regulations
3.12.010. Purpose.
This chapter is adopted pursuant to the city’s general and specific contracting powers and, without limitation, Government Code § 40602 for the purpose of establishing the requirements to bind the city by contract.
3.12.020. Generally.
The city is not bound by any contract unless the contract is in writing, approved as to form by the city attorney, and signed on behalf of the city by an officer or officers as set forth in this chapter. Any such officer must sign a contract on the city’s behalf when directed to do so by the city council.
3.12.030. City Council Authority.
Unless otherwise provided in this code, a resolution, or ordinance, the city council must approve all contracts and direct the mayor, or other officer, to sign a contract on the city’s behalf.
3.12.040. Signature Authority.
In accordance with Government Code § 40602, the following officers are authorized to sign contracts on the City’s behalf:
A. The Mayor or, if the Mayor is unavailable, the Mayor pro tem; B. The city administrator when directed to do so by the city council, resolution, ordinance, or any provision of this code;
C. The city administrator for contracts less than $60,000; and D. Department directors for contracts less than $10,000,
3.12.050. Contracting Authority.
The City Administrator and Department Directors are authorized to solicit bids, award contracts, and select vendors without a bid as allowed by this chapter, up to the limits of their respective signature authority.
3.12.060. Purchasing Agent.
The City Administrator, or designee, is the City’s purchasing agent and is authorized to implement this chapter. To do so, the City Administrator may promulgate administrative policies and procedures to facilitate the requirements of this chapter.
Attachment 2
Ordinance No. 2023-003
3.12.070. Encumbrance of Funds.
A contract for supplies, materials, services, equipment, or public works projects may not be issued unless an unencumbered appropriation exists in the fund against which the purchase is to be charged.
3.12.080. Certification of Receipt.
The Department of Administrative Services shall not process any invoice or other demand for payment for supplies, materials, or equipment until the department receiving such has authorized payment through invoice and contract. Department heads shall file such certification no later than the next regular payment cycle following the receipt of such supplies, materials, equipment or public works projects.
3.12.090. Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
A. “Contract” may include a purchase order, construction contract, or professional services agreement as the context may dictate.
B. “General Services” means services that are manual or routine in nature as opposed to services that are predominately intellectual and varied in character or require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning.
C. “Open market purchases” means purchases which are unrestricted and competitive, and may include any individual, group or business who chooses to participate.
D. “Professional Services” means those services provided to the City by independent consultants that are predominantly intellectual and varied in character – as opposed to manual or routine in nature – which require specialized knowledge of an advanced type generally acquired from study at an institution of higher learning, and entail the exercise of a wide degree of discretion and judgment when performing the services (e.g., lawyers, engineers, architects, certified public accountants and land-use planners).
E. “Purchase” includes renting, leasing, purchasing, licensing, or a trade or supplies.
F. “Supplies” includes general services; equipment; materials; goods, parts; miscellaneous commodities; and other office supplies. “Supplies” does not include professional services. Refer to Chapter 8.68 of this code regarding Environmentally Acceptable Materials.
G. “Uniform Guidance” means Federal Purchasing requirements published by the Office of Management and Budget (OMB). The OMB issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Rule (on December 26, 2013) which applies to all non- federal entities receiving Federal awards, and to all new federal awards and existing awards that receive additional funding (or funding increments) after December 26, 2014.
Attachment 2
Ordinance No. 2023-003
3.12.100. Inspection - Testing.
The purchasing agent must inspect supplies, materials, equipment, or public works projects delivered and contractual services performed, to determine conformance with the specifications set forth in the order or contract. The purchasing agent has authority to require tests of samples submitted with bids and samples of deliverables which are necessary to determine the quality of certain items and conformance with bid specifications.
3.12.110. Exceptions to bidding. Notwithstanding any other requirement of this chapter, bidding is not required for the following:
A. Emergency Purchasing. During a declared state of local emergency, bidding is not required.
The city administrator must provide a report to the city council in accordance with applicable law regarding such emergency purchases.
B. Convenience.When the supply can be obtained from only one vendor orthere are circumstances demonstrating only one vendor is best qualified to provide the supplies.
C. Best Value. The city administrator may select the lowest responsible and responsive bidder based on objective criteria for evaluating the qualifications of bidders with the resulting selection representing the best combination of price and qualifications along with the nature of the goods, supplies, or equipment.
D. Cooperative Purchasing. Where the purchasing agent identifies a cooperative competitive bidding procedure, being prepared by and processed through another local, state, or federal governmental agency, the purchasing agent may join into an existing written purchase contract through a competitive bidding process prepared by and awarded by another local, state or federal governmental agency.
E. Supplies less than $5,000. Purchases made for supplies with an estimated value of less than $5,000 may be purchased on the open market without bidding requirements.
3.12.120. Professional services.
The purchasing agent may utilize requests for qualifications and requests for proposals, as desirable, when considering retention of professional services.
Article II. Surplus Property
3.12.130. Surplus Supplies and Equipment.
Surplus property may be disposed in accordance with this Article and Government Code § 37350. Disposal of surplus property with a value exceeding $25,000 must be approved by the City Council.
3.12.140. Authorization.
A. The purchasing agent is authorized to dispose of salvageable Surplus Property through sale in the open market. Property disposition may occur by public auction, competitive sealed bids, or exchange or trade in for new goods.
Attachment 2
Ordinance No. 2023-003
B. The purchasing agent is authorized to sell any Surplus Property to a governmental, public, or quasi-public agency without advertisement for or receipt of bids.
C. The purchasing agent is authorized to donate, as appropriate, Surplus Property to any governmental, public, or quasi-public agencies, charities, or non-profit organizations.
D. The purchasing agent is authorized to dispose of Surplus Property that does not have salvage value, as determined by the purchasing agent, or designee, in any reasonable manner.
3.12.150. Record-keeping and Proceeds.
A. The purchasing agent must keep regular logs showing the Surplus Property, the method of disposal, and the amounts recovered from its disposal.
B. Proceeds from the sale of the Surplus Property must be deposited into the appropriate City fund as determined by the purchasing agent.
Article III. Supplies/General Services –
Open Market Purchases/Purchases Under $60,000
3.12.160. Authorized Purchases Under $60,000.
Purchases of supplies and general services with an estimated market value of more than $5,000 but under $60,000 may be made by the purchasing agent in the open market, as described in this article, without observing the formal contract procedures in this chapter.
Purchases of $5,000 or less may be made without informal bid of obtaining three written quotes at the discretion of the purchasing agent.
3.12.170. Quotations - Notice of Invitation.
The purchasing agent shall invite quotations from prospective sellers, vendors, suppliers or contractors.
3.12.180. Quotations - Submission in Writing.
Written quotations shall be submitted to the purchasing agent who shall keep a record of all open market quotations and orders for a period of two years after receipt of such quotations.
3.12.190. Quotations - Number Required.
Open market purchases shall be based on at least three written quotations and recorded with the purchase order for payment. If three quotations cannot be reasonably solicited, the purchasing agent shall record the specific reasons with the purchase order for payment.
3.12.200. Quotations - Rejection.
The purchasing agent, at her/his sole discretion, may reject all quotations for any reason whatsoever and may invite new written quotations.
3.12.210. Award of Contract.
A contract may be awarded by the purchasing agent to the person submitting the lowest responsible, responsive quotation except if two or more quotations are received for the same total amount or unit price, quality and service being equal, and further, if in the sole discretion of the purchasing agent the public interest will not permit the delay of inviting new quotations, then the purchasing agent may accept the one she/he chooses or accept the lowest quotation made by negotiation with the persons submitting the tie quotations.
Attachment 2
Ordinance No. 2023-003
Article IV. Supplies/General Services –
Formal Bid Procedures/Purchases of $60,000 or More
3.12.220. Formal Contract Procedure.
Except as otherwise provided, supplies and general services of an estimated market value of $60,000 or more must be considered by the City Council. An award of contract, if any, may only be provided to the lowest responsible, responsive bidder pursuant to the procedure prescribed in this article.
3.12.230. Notice Inviting Bids.
Notice inviting bids shall include a general description of the supplies to be purchased or general services to be rendered, state where bid forms and specifications may be secured, identify the contact person, and state the date, time and place for opening bids.
3.12.240. Published Notice.
Notice inviting bids shall be published at least 10 days before the date of opening of the bids, and shall be published two times, five days apart, in newspaper of general circulation in the City and such additional newspaper or other means of bid advertising that the purchasing agent may select to find the greatest number of potential bidders.
3.12.250. Bidders/Vendor List.
The purchasing agent shall also directly solicit sealed bids from all prospective suppliers known to the purchasing agent as responsible bidders and/or vendors dealing in the product to be purchased or the general services to be rendered.
3.12.260. Bidders Security.
When deemed necessary by the purchasing agent, bidders security may be required in the public notice inviting bids. Unsuccessful bidders shall be entitled to return of bid security. If a successful bidder refuses or fails to execute the contract within 15 calendar days after notice of award of contract has been mailed, they shall forfeit their bid security as liquidated damages to cover the cost of City re-bidding or awarding a contract to the next lowest bidder, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible, responsive bidder. If the City Council awards the contract to the next lowest responsible, responsive bidder, the amount of the lowest bidders security shall be applied by the City to the difference between the low bid and the second lowest bid; the surplus, if any, shall be returned to the lowest bidder.
3.12.270. Bid Opening Procedure.
Sealed bids (with name of the project identified on the exterior of the envelope) shall be submitted to the City Clerk who shall record the date and time received on the exterior of the envelope. Bids shall be opened in public at the time and place stated in the notice. All bids received shall be on file in the City Clerk’s office for public inspection during regular business hours.
Attachment 2
Ordinance No. 2023-003
3.12.280. Rejection of Bids.
The City Council may reject any or all bids presented, to accept or reject any one or more items of a bid, waive any irregularity, and may, at its discretion, re-advertise the project for bids.
3.12.290. Open Market Purchase.
After rejecting bids, the City Council may determine that the supplies, services, materials, or equipment may be purchased at a lower price in the open market, and it may direct the purchasing agent to so purchase.
3.12.300. Lowest responsible, responsive bidder.
A. For the purposes of this chapter, in addition to price, “lowest responsible, responsive bidder” will be determined based on consideration of the following factors:
1. The ability, capacity and skill of the bidder to perform the contract or provide the supplies;
2. Whether the bidder has the facilities to perform the contract or provide the supplies promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The bidder’s record or performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract; and
7. The quality, availability and adaptability of the supplies to the particular use required.
3.12.310. Tie Bids.
If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council may accept one of them or accept the lowest bid made by negotiation with the tie bidders at the time of or after the bid opening.
3.12.320. Award of Contract.
Except as otherwise provided, an award of contract, if any, may only be provided to the lowest responsible, responsive bidder.
Attachment 2
Ordinance No. 2023-003
3.12.330. Bonds.
Before entering into a contract, the purchasing agent has authority to require a performance bond in such amount as it shall find reasonably necessary to protect the best interest of the City. If the City requires a performance bond, the form and amount of the bond shall be described in the notice of solicitation inviting bids. A contractor must provide such additional bonds that may be required by applicable law including, without limitation, Civil Code § 9550 regulating payment bonds.
Article V. Federal Requirements
3.12.340. Uniform Guidance. Whenever Federal Award funds are used the following criteria must be followed in addition to this chapter:
A. Requirements. The Uniform Guidance requirements for sub-award and sub- recipient is based on the pass-through agency. If the pass-thru agency is subject to the Uniform Guidance (i.e., if the source of funds are federal and the pass-through agency is subject to Uniform Guidance), then the sub- award or sub-recipient is also subject to the Uniform Guidance. The requirement for a sub-award, no matter when the sub-award was made, flows from the requirements of the original federal award from the federal awarding agency.
B. Micro Purchases. The maximum aggregated amount for micro purchases is $3,500. The maximum amount for construction projects is $2,000 and is subject to the DavisBacon Act (Prevailing Wages). Micro purchases are exempt from the City’s informal and formal bidding processes, so there are no requirements for multiple quotations. To the extent practical the City must distribute micro-purchases equitably among qualified suppliers.
C. Small Purchases. Small purchases utilize simple and informal procurement methods. The acquisition threshold is currently $150,000. The Uniform Guidance states quotes for small purchases must be obtained from an “adequate” number of qualified sources. There is no specific number of sources required by the Uniform Guidance, thus one quote can be sufficient as long as there is proper documentation. Quotes can be obtained from suppliers or from public websites (i.e., City may use internet searches as documentation).
D. Sealed Bids. Sealed bids are required for contracts in excess of $150,000 and is the preferred method for construction contracts. Sealed bids are also appropriate for fixed price contracts where bidders are provided complete and adequate specifications. Additionally, sealed bids must come from two or more qualified bidders must be publicly advertised and solicited from an adequate number of suppliers. The contract is awarded to the lowest responsive and responsible bidder.
E. Competitive Proposals. Competitive proposals are required for contracts in excess of $150,000 and is the preferred method for architectural, engineering and Professional Services. Request for Proposals must be publicized and proposals solicited from an adequate number of qualified sources. Competitive proposals are awarded to the most advantageous bid which considers both price and other factors. The City does not have to select the lowest bid.
Attachment 2
Ordinance No. 2023-003
F. Sole Source. Vendor must meet at least one of the following criteria:
1. The vendor offers a unique supply or service that can only be fulfilled by one vendor or only one known source for the supply/service exists;
2. There is a public emergency;
3. After soliciting a number of sources, the competition is deemed inadequate; and
4. Written request has been made and approved by the federal agency responsible for the grant.
5. The City must have written pre-approval from the federal awarding agency.
Additionally, the City must have proper documentation as to why a sole source vendor was required in these circumstances. The sole source must be properly documented and the City must maintain the documentation.
Article VI. Prohibitions
3.12.350. Illegal Contracts - Interest by City Officer, Employee.
A. It is a misdemeanor for any elected or appointed official, officer or employee of the City to be, or become directly interested in, any contract work or business, or in the sale of any article, the expense, price or consideration of which is payable from the City treasury, nor shall such officer or employee receive any gratuity or advantage from any contract or person furnishing labor or material for same.
B. Any contract with the City that any officer or employee has or develops an interest in may be declared void by the City Council.
C. Members of City volunteer and support organizations who are not also full- or part-time employees of the City shall be exempt from the provisions of this section.
D. The provisions of this section shall not be construed to excuse noncompliance with State laws regulating conflicts of interest.
3.12.360. Interference with Bidding Procedure by Officer or Employee.
It is a misdemeanor for any elected or appointed official, officer or employee of the City to aid or assist a bidder in securing a contract to furnish labor, materials, supplies, equipment, services, or public works projects at a higher price or rate than that proposed by any other bidder, or favor one bidder over another, or give or withhold information from any bidder not given or withheld from all other bidders, or willfully mislead any bidder in regard to the character of the materials or supplies called for, or knowingly accept materials, supplies or equipment of a quality inferior to that called for by the contract or knowingly certify to a greater amount of labor performed or materials, supplies or equipment furnished, than has respectively been performed or received.
Attachment 2
Ordinance No. 2023-003
3.12.370. Segmentation Prohibited.
It is a misdemeanor to knowingly take action to separate purchases into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements set forth in this chapter.
Article VII. Local Business Policy
3.12.370 Local Business Policy.
The City Council finds that it is in the public interest to promote utilization of Local Businesses that are small or minority owned such as Disadvantaged Business Enterprises, Minority Business Enterprises, Woman Business Enterprises, Disabled Veteran Business Enterprises in all aspects of purchasing in accordance with applicable law. Accordingly, the City Administrator is authorized to encourage participation of all DBE’s, MBE’s, WBE’s, DVBE’s and SLB’s located with the City’s jurisdiction to the extent allowed by applicable law.
To help meet this policy goal, the City Administrator may utilize the vendor program implemented by the County of Monterey’s “Small LOCAL Business Outreach Program.” Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
PUBLIC HEARING
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-040 for Intent to Lease Real Property, and Resolution 2023-042 for a Surplus Lands Act Resolution, and CEQA findings, for the Scout House Renovation, Activities Programming, and Facilities Management Project RECOMMENDATION:
After the Public Hearing, City Council will be asked to:
1) Adopt Resolution 2023-040, authorizing the City Administrator to issue a Request for Proposals seeking technical Proposals to enter into an Operations and Maintenance Agreement and Site Lease with the City for Renovation and subsequent Activities Programming, Operations, and Maintenance of the Scout House; and
2) Adopt Resolution 2023-042, declaring Scout House Real Property Exempt Surplus Land; and 3) Find that these actions do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) and are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and 15301.
BACKGROUND/SUMMARY:
At the April 4, 2023 Public Hearing on this matter, the City Council received a Staff Report, included as Attachment 3. As shown in the presentation slides, Attachment 4, the Public Works Director presented an overview of:
Key terms about the Request for Proposal (RFP) and proposal expectations Renovation Challenges
Overview of the proposed Operations and Maintenance Agreement Overview of the proposed Site Lease
Process for approval of leasing real property subject to the Surplus Lands Act CEQA determination of not a project or exemption
Following Council questions and public testimony, Council expressed concern about the complexity of the proposal and subsequent contractual requirements, and the potential impacts on the Scouts. A key issue was clarified pertaining to payment of fair market rent following post-renovation occupancy. While fair market rent must be paid per the terms of the Site Lease, the cost of the renovation may be considered as credit to offset the rent.
During the Public Hearing on April 4, 2023, the Council was presented with Resolution 2023-040 and Resolution 2023-042, and a discussion followed with the intent to move forward with these Resolutions; however, they were not formally adopted at this meeting:
As noted in the April 4, 2023, meeting minutes, “Resolutions 2023-040 and 2023-042 failed due to lack of motion. Direction to staff given instead to come back to Council in June with an update on the interest in the Scout House RFP and any questions that arose after the mandatory site visit in late April.” Resolution 2023-040 and Resolution 2023-042 are included as Attachments 1 and 2. The only change to the verbiage in the Resolutions is to note that Council authorized the release of the RFP at the April 4 th
Public Hearing, and that that the Resolutions are anticipated to be adopted at the June 6 th Public Hearing.
The RFP was advertised effective April 10
th and was included in the April 4, 2023 agenda packet, and can be referenced on the City's website via the following link: https://ci.carmel.ca.us/sites/main/files/fileattachments/scout_house_rfp_0.pdf?1682114115.
The mandatory pre-proposal meeting/open house was conducted on April 25th. In addition to staff, approximately 10 people attended, including representatives of the Scouts, general contractors, subcontractors, and an architect. Questions were asked and answered, when known, but it was clear that the consensus was that the interested parties would need more time to prepare their proposals versus the May 23 rd deadline. Staff believes that up to two proposals may be received.
Written questions were submitted by the May 5th deadline and responded to on May 12th. These questions and responses are included as Attachment 5. Based on the open house and subsequent written comments, the proposal deadline was extended by seven (7) weeks, until July 11th.
Recommendation
At the June 6, 2023 Council meeting, a second Public Hearing will be held on this matter to formally adopt the two Resolutions (Attachments 1 and 2) that were presented and discussed during the April 4, 2023, Public Hearing. The presentation will be limited to the events that have occurred since the first Public Hearing on April 4th, as outlined in this report, rather than restating the information previously presented and included in the attachments.
Staff recommends that Council make a motion to:
1) Adopt Resolution 2023-040, authorizing the City Administrator to issue a Request for Proposals seeking technical Proposals to enter into an Operations and Maintenance Agreement and Site Lease with the City for Renovation and subsequent Activities Programming, Operations, and Maintenance of the Scout House; and
2) Adopt Resolution 2023-042, declaring Scout House Real Property Exempt Surplus Land; and 3) Find that these actions do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) and are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and 15301.
FISCAL IMPACT:
None by these Actions. The selected Proposer/Contractor would bear the full cost for the renovation work.
PRIOR CITY COUNCIL ACTION:
Council considered this item in Closed Session at the March 6, 2023 Special Council Meeting. There was no reportable action.
On April 4, 2023, a Public Hearing was held on this matter. Council directed staff to issue the RFP but deferred action on the two Resolutions.
ATTACHMENTS:
Attachment 1) Resolution 2023-040
Attachment 2) Resolution 2023-042
Attachment 3) Staff Report from April 4, 2023 Meeting
Attachment 4) Presentation from April 4, 2023 Meeting
Attachment 5) Responses to RFP Questions
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING
THE ISSUANCE OF A REQUEST FOR PROPOSALS SEEKING PROPOSALS TO LEASE THAT CERTAIN EXEMPT REAL PROPERTY KNOWN AS THE ‘SCOUT HOUSE,’ LOCATED AT THE
NORTHEAST CORNER OF MISSION STREET AND EIGHTH AVENUE
WHEREAS, the City of Carmel-By-The-Sea (“City”) is the owner of certain real property in Monterey County commonly known as the Scout House, located at the northeast corner of Mission Street and Eighth Avenue, Carmel-By-The-Sea, California (a portion of APN number 010-143-001) (the “Property”); and
WHEREAS, City staff recommends issuance of a Request for Proposals (“RFP”) to lease the Property in accordance with the terms of this Resolution in order to create an economic opportunity for the City; and
WHEREAS, the City Council has reviewed and considered the form of RFP soliciting proposals to lease the Property, which attaches a proposed Operations and Maintenance Agreement and Site Lease (“Site Lease”) to be entered into with a lessee (“Lessee”); and WHEREAS, during a public hearing on April 4, 2023, Council discussed and gave direction to staff to issue the RFP soliciting Site Lease proposals and to provide an update to Council in June with an update on the interest in the Scout House RFP and any questions that arose after the mandatory site visit in late April.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA AS FOLLOWS:
Section 1. The foregoing recitals are adopted as true and correct and are a substantive part of this Resolution.
Section 2. The City hereby declares its intent to lease the Property in order to create an economic opportunity for the City.
Section 3. In advance of the RFP deadline for proposals, the City shall publish Notice of Intent to Lease Exempt Surplus Real Property setting forth the minimum lease price, and other key proposed terms and conditions of the Site Lease, together with the public process for opening and consideration of proposals from potential lessees.
Section 4. The City Administrator or his designee is authorized and directed to execute all documents required to issue the RFP, to conduct the proposal review process, and to return to the City Council for approval of any recommended Site Lease.
Section 5. This Resolution shall take effect immediately upon its adoption.
Attachment 1
Resolution 2023-040
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _____________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AFFIRMING COMPLIANCE WITH THE STATE SURPLUS LANDS ACT FOR THE SCOUT HOUSE
WHEREAS, the City of Carmel-By-The-Sea (“City”) complies with the general laws of the State of California, including the Surplus Property Land Act; and WHEREAS, the City is owner in fee simple of that certain real property in Monterey County commonly known as the Scout House, located at the northeast corner of Mission Street and Eighth Avenue, Carmel-By-The-Sea, California, (a portion of APN number 010-143-001) (the “Property”); and
WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220- 54233 (“Act”), surplus land is land owned in fee simply by a public agency for which the public agency’s governing board takes formal action in a regular public meeting declaring the land is surplus and not necessary for the agency’s use; and
WHEREAS, under the Act, land is exempt surplus property if it is necessary for an agency’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the public agency’s governing body, for the public agency’s work or operations, including use “for the sole purpose of investment or generation of revenue;” and WHEREAS, the Property is currently being used by the City; and WHEREAS, the City intends to continue to use the Property for the purpose of generation of revenue pursuant to a Lease Agreement to be entered into with a Lessee pursuant to which the Lessee will make needed renovations to the Property and make the Property available for the City’s periodic use; and
WHEREAS, by entering into the Lease Agreement with Lessee and adopting this Resolution, the City is adopting a written plan for the ongoing use of the Property as required to demonstrate existing and planned “use” of the Property under the Act, rendering the Property exempt surplus land under the Act; and
WHEREAS, under the Act, land is exempt surplus property if it is necessary for an agency’s use if the land is being used, or is planned to be used pursuant to a written plan adopted by the agency’s Board of Directors, for agency work or operations, including use “for the sole purpose of investment or generation of revenue”; and
WHEREAS, during a public hearing on April 4, 2023, Council discussed and gave verbal consensus direction to declare that the Scout House Property is exempt surplus land for the purposes of the California Surplus Lands Act; and
WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based.
Attachment 2
Resolution 2023-042
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby declares that the Scout House Property is exempt surplus land for the purposes of the California Surplus Lands Act (Government Code Section 54220 et seq.) because it is presently being “used” and is “intended to be used” by the City for other public uses and continues to be necessary for the City’s use. The basis for this declaration is that the City intends to use the Property pursuant to the Lease Agreement for the purpose of generation of revenue for the City.
Section 3. The City Council hereby declares that the use of the Property will directly further the express purpose of City work and operations.
Section 4. The City Council hereby adopts the written plan described in this Resolution and in the accompanying staff report for the ongoing use of the Property as required to demonstrate existing and planned “use” of the Property under the Act.
Section 5. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”).
City staff has determined that the proposed actions do not constitute a “project” as defined by the CEQA. Adoption of this Resolution does not have the potential for resulting in either a direct physical change on the environment or a reasonably foreseeable indirect physical change on the environment. Prior to commencing renovations of the Property contemplated by the Lease Agreement, the City will complete all necessary reviews in accordance with CEQA.
Section 6. The City Clerk is directed to provide a copy of this Resolution to the California Department of Housing and Community Development for its review.
Section 7. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of June 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
April 4, 2023
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Scout House Request for Proposals, and Resolution of Intent to Lease Real Property and Surplus Lands Act Resolution, and CEQA findings
RECOMMENDATION:
After the Public Hearing, City Council will be asked to:
(1)Adopt Resolution 2023-040, authorizing the City Administrator to issue a Request for Proposals seeking technical Proposals to enter into an Operations and Maintenance Agreement and Site Lease with the City for Renovation and subsequent Activities Programming, Operations, and Maintenance of the Scout House; and
(2) Adopt Resolution 2023-042, declaring Scout House Real Property Exempt Surplus Land; and (3) Find that these actions do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) and are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and 15301.
BACKGROUND/SUMMARY:
Background:
One of the City Council’s Strategic Priorities is to “Explore Opportunities for the Scout House.” Staff has prepared the Request for Proposals (RFP) in Attachment #3 seeking technical Proposals to enter into an Operations and Maintenance Agreement (“O&M”) with the City for the renovation/restoration of the Scout House and for subsequent activities programming, operations, management, and maintenance of the facility. The rough cost estimate required to renovate the Scout House is $400,000 - $500,000; however, no City funding is proposed. The selected Proposer/Contractor signing the O&M Agreement will also need to agree to a Site Lease to cover the duration of their occupation of the Scout House, such that they are the City’s Lessee.
The Scout House is a multi-use facility located at the northeast corner of Mission Street and Eighth Avenue. The Scout House was built in 1931 by Carmel Masterbuilder M.J. Murphy. The building has a large room, working fireplace, and a full kitchen, and is a completely contained unit; however, the building has not been in operation for many years. Staff has been exploring ways to find a Contractor to renovate the Scout House.
A proposed O&M Agreement and Site Lease are attached to the RFP as Appendix 6 and 7, respectively. The RFP requests proposed edits to the draft agreements from Proposers. Staff is seeking Council approval to issue the RFP and follow the process outlined below to award the O&M Agreement and Site Lease.
The key terms of the RFP, O&M Agreement, and Site Lease are as follows:
Key RFP Terms:
1. A mandatory Pre-Proposal meeting will be held, and the Scout House will be open for the remainder of the day, for Proposers to take photographs and measurements inside.
2. Selection of the Contractor will be via a qualifications-based selection process. An Evaluation Committee will review all responsive Proposals received, focusing on the qualifications and experience of their Project Team, the technical approach to design and Attachment 3
Proposals received, focusing on the qualifications and experience of their Project Team, the technical approach to design and renovation of the facility, approach to activities programming and facility management/maintenance of the facility, and their funding availability.
3. The RFP makes it clear that the facility is a Historic Resource and is subject to the City’s Historic Preservation Ordinance Chapter
17.32. Improvements may require review by the City’s Historic Resources Board and/or Planning Commission.
4. The RFP outlines numerous requirements for the renovation. The most challenging aspects of the renovation include:
ADA compliance: An elevator or lift may be required. The east wall may also need to be moved to allow for an ADA-compliant parking space on site.
Part of the downstairs has a low ceiling height which allows for storage but is not habitable space unless this portion of the building undergoes costly structural renovations. This could trigger seismic upgrade requirements.
Electrical/lighting, mechanical, and plumbing systems need reconstruction Contractor to remediate any hazardous materials
Site work repairs and modifications to utilities are anticipated The site is very confined as a staging area for the renovation work
5. A Performance Bond will be required prior to the renovation to ensure that the renovation work, once started, is completed.
6. Proposed activities are likely to include the Boy Scouts; however, the RFP stresses the importance of providing a mix of other community-based activities such that no one organization fully dominates the use of the renovated facility.
7. The successful Proposer may need to present their recommendations for primary and secondary uses of the renovated facility to the Community Activities Commission prior to award of the O&M Agreement and Site Lease.
8. The Contractor would be expected to pay ongoing facility maintenance costs including: custodial, alarm monitoring, pest control, landscape maintenance, water, gas, and electric utilities, and minor building repairs. The City should continue to pay for trash/recycling and sewer service.
9. The Contractor may be required to pay Possessory Interest Tax to Monterey County.
Key O&M Agreement Terms:
The O&M Agreement includes provisions addressing, among others, the following topics.
1. The term of the O&M Agreement will be ten (10) years, with the City having an annual option to extend the Agreement for an additional year for the first five years after the initial ten years conclude. Proposers may recommend alternative time frames.
2. Contractor will also execute a Site Lease to facilitate its renovation of the facility. See Site Lease section below.
3. Contractor will bear the full costs of performing the renovation work.
4. Contractor will comply with existing City regulations concerning how the renovation planning, design, permitting, and construction work will proceed.
5. Contractor will identify the personnel expected to work on the project.
6. Contractor will provide required insurance.
7. Contractor will indemnify City for any losses caused by Contractor’s negligence, recklessness, or willful misconduct.
8. Contractor will obtain a business license from the City.
9. Any disputes will be resolved via mediation and arbitration.
10. City will have the right to terminate the O&M Agreement at any time in its sole discretion.
Key Site Lease / Rent Terms:
The RFP requests that the Contractor signing the O&M Agreement also agree to sign a Site Lease to cover the duration of their occupation of the Scout House, such that they are the City’s Lessee. Under the proposed Site Lease, the Contractor would agree to pay fair market rent for the use and enjoyment of the Scout House.
Attachment 3
To offset the cost of paying fair market rent, the Site Lease would authorize the Contractor to undertake various fundraising activities, including, for example, the sale of naming rights of various interior portions of the facility, and the use of the facility for commercial purposes consistent with existing zoning (Residential and Limited Commercial), including a potential sublease of the facility, if desired.
This would allow the Lessee to generate revenue once the renovation work on the premises is complete.
The amount of fair market rent to be charged could also take into account that the Contractor would be agreeing to pay the costs of conducting various capital improvements under the terms of the O&M Agreement and the fact that the City will be entitled to use the facility for one day each month.
Process:
If the Council approves issuing the RFP, the City would follow the following process for issuance of the RFP and award of the O&M Agreement and Site Lease.
a. Approval of Lease of Real Property: Pursuant to Government Code Section 52201, a City Council may lease real property to create an economic opportunity. Such a process must be approved by the City Council by Resolution after a Public Hearing.
Notice of the time and place of the hearing must be published in a newspaper of general circulation in the community at least once per week for at least two successive weeks. Among other things, the Notice must include the transactional costs to the City of the lease and the estimated value of the interest to be leased, determined at the highest and best uses permitted under the general plan or zoning, and an explanation of why the lease of the property will assist in the creation of economic opportunity. In this case, the City published such notice in the Carmel Pine Cone newspaper on March 24 th and March 31st. Attachment #1 is Resolution
2023-040 for Intention to Lease Real Property.
b. Adoption of Surplus Lands Act Resolution: The City lease of the Scout House property is subject to the Surplus Lands Act (“Act”) but is likely exempt due to the City’s ongoing use of the property so long as the City follows required procedures to confirm the exemption. Under guidelines issued by the California Department of Housing and Community Development (“HCD”), prior to disposition of exempt surplus land, public agencies must adopt a resolution supported by written findings determining the property exempt and must provide a copy of the resolution to HCD at least thirty days prior to disposition. While not expressly stated, the Act appears to suggest that if HCD does not notify the agency that the exemption determination violates the Act within 30 days, the agency receives “safe harbor” that it has complied with the law, and is not subject to the penalty provisions.
Accordingly, at the same time the City Council approves the issuance of a Request for Proposals for a Site Lease, the City Council should also adopt the required Surplus Lands Act Resolution and transmit it to HCD at least 30 days before the City intends to award the O&M Agreement and approve the Site Lease. Attachment #2 is Resolution 2023-042 which meets the Surplus Lands Act requirements.
c. Award of O&M Agreement and Approval of Lease: After staff has received and evaluated proposals in response to the RFP, and should the City Council proceed with an award of the O&M Agreement and approval of a Site Lease, the City Council Resolution approving the Site Lease must be adopted by a majority vote and include a finding that the lease of the property will assist in the creation of economic opportunity, and that the lease price is not less than the fair market value at its highest and best use.
Environmental Impact:
The proposed actions do not constitute a “project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(b), a project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes on the environment. However, prior to commencing renovations at the Scout House, the City will complete all necessary reviews pursuant to CEQA.
Even if this action is a project, it is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment, and the action is also categorically exempt pursuant to the existing facilities exemption in CEQA Guidelines Section 15301 as the action is limited to repairs, maintenance and minor alterations to the existing Scout House that involve negligible or no expansion of existing or former use.
FISCAL IMPACT:
None by these Actions. The selected Proposer/Contractor would bear the full cost for the renovation work.
PRIOR CITY COUNCIL ACTION:
Council considered this item in Closed Session at the March 6, 2023 Special Council Meeting. There was no reportable action.
ATTACHMENTS:
Attachment 3
ATTACHMENTS:
Attachment 1) Resolution 2023-040
Attachment 2) Resolution 2023-042
Attachment 3) Scout House RFP, O&M Agreement, and Site Lease Attachment 3
Scout House:
Request for Proposals
Resolution of Intent to Lease Real Property
Resolution for Surplus Lands Act
CEQA Findings
City Council Meeting
Public Hearing
April 4, 2023
CITY OF CARMEL-BY-THE-SEA
Joan Cox, Partner,
Burke, Williams & Sorensen
Bob Harary, P.E.
Director of Public Works
BACKGROUND
CITY OF CARMEL-BY-THE-SEA
• Northeast corner Mission Street/Eighth Avenue
• Constructed in 1931 by M.J. Murphy
• Historic Building
• Closed for years, dilapidated condition
• Conceptual Plans to Reopen since 2000
• Ongoing City expenses: Roof replacement, alarm, repairs • Council Strategic Priority to “Explore Opportunities” • Wrote RFP, researched legal issues, prepared Resolutions
REQUEST FOR PROPOSAL
CITY OF CARMEL-BY-THE-SEA
RFP Includes:
• History of the Building
• Facility is a Historic Resource
• Outline of Building Conditions and Renovation Requirements • No City Funding
• Mandatory Pre-Proposal Meeting/Open House day
• Financial and Legal Considerations for exemption from Public Works Project Statutes • Selection Criteria
• O&M Agreement
• Site Lease
Proposals to Cover Key Issues:
o Design and Construction of Renovation
o Project Schedule
o Activities Programming
o Facility Management and Maintenance
o Financial Resources
REQUEST FOR PROPOSAL
CITY OF CARMEL-BY-THE-SEA
Renovation Challenges:
• ADA compliance
• Downstairs ceiling height - not habitable space
• Reconstruct electrical, mechanical, and plumbing systems • Remediate any hazardous materials
• Site work repairs and modifications
• Confined staging area
• Performance Bond to ensure completion, once started
• Preliminary cost estimate - $500,000
Selection Criteria (Qualifications-Based Selection):
• Responsiveness to the RFP
• Qualifications and experience of Project Team
• Successful performance on similar projects
• Technical approach to the renovation
• Approach to activities programming and outreach
• Approach to facility management and maintenance
• Funding availability
• Requested changes to the O&M Agreement or Site Lease
REQUEST FOR PROPOSAL
CITY OF CARMEL-BY-THE-SEA
Activities Programming:
• RFP stresses importance of providing a mix of community-based activities • Market research and community/local neighborhood outreach • Proposed activities may include the Boy Scouts
• Successful Proposer to present recommendations to the Community Activities Commission
• Activities to be consistent with Residential & Limited Commercial Zoning • Provides management, operations, administration, and staffing for events • Concessions/food service
• City may use facility one day per month
Facility Management/Maintenance:
• Security and parking
• Contractor pays ongoing costs: custodial, alarm monitoring, pest control, landscape maintenance, fire extinguishers, and water, gas, and electric • Contractor to budget for preventative maintenance and building repairs • Develop annual capital improvement plan projects cost-shared with City
O&M AGREEMENT AND SITE LEASE
CITY OF CARMEL-BY-THE-SEA
O&M Agreement Provisions:
• 10 year initial Term, with annual option to extend 5 years • Contractor pay full costs of the renovation
• Comply with City regulations for the renovation
• Provide required insurance and indemnify City
• Disputes to be resolved via mediation and arbitration • Contractor to execute a Site Lease
• City may terminate the O&M Agreement at any time
Site Lease Terms:
• Covers duration of occupation: Contractor is the City’s Lessee • Contractor to pay Fair Market Rent
• Contractor may undertake fundraising activities:
o Naming rights
o Commercial purposes consistent with Zoning
o Sublease the facility
• Fair market rent can take into account that Contractor:
A) Funds future capital improvements, and
B) City may use facility one day each month
PROCESS
CITY OF CARMEL-BY-THE-SEA
Approval of Intent to Lease of Real Property:
• Government Code Section 52201 – City may lease property to create economic opportunity • Council to approve by Resolution 2023-040 following a Public Hearing • Public Hearing notices published twice in Carmel Pine Cone • Resolution 2023-040 is Intention to Lease Real Property Adoption of Surplus Lands Act Resolution 2023-042:
• Lease subject to Surplus Lands Act
• Exempt – City to continue using facility
• Adopted Resolution will be submitted to California Housing and Community Development for confirmation that the Scout House site is exempt surplus property • Adopt Resolution concurrently with authorization to issue the RFP
RECOMMENDATIONS
CITY OF CARMEL-BY-THE-SEA
After the Public Hearing:
(1)Adopt Resolution 2023-040, authorizing the City Administrator to issue a Request for Proposals seeking technical Proposals to enter into an Operations and Maintenance Agreement and Site Lease with the City for Renovation and subsequent Activities Programming, Operations, and Maintenance of the Scout House; and
(2) Adopt Resolution 2023-042, declaring Scout House Real Property Exempt Surplus Land; and (3)Find that these actions do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) and are also exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and 15301.
QUESTIONS?
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-063, authorizing the City Administrator to execute a Professional Service Agreement with Hammond+Playle Architects, LLP (Indigo), for preparation of a functional program report, conceptual drawings, and cost estimates for a not-toexceed fee, including contingency, of $300,000 for the Police Building Project RECOMMENDATION:
Adopt Resolution 2023-063, authorizing the City Administrator to execute a Professional Service Agreement with Hammond+Playle Architects, LLP (Indigo), for preparation of a functional program report, conceptual drawings, and cost estimates for a not-to-exceed fee, including contingency, of $300,000 for the Police Building Project.
This recommendation implements the Council-appointed Ad Hoc Committee recommendations that were approved by the City Council at the February 7, 2023 meeting.
BACKGROUND/SUMMARY:
In February 2023, the City Council directed staff to advertise a Request for Proposal (RFP) for an architectural firm with a strong background in the design of Police Station remodels. The City received four (4) proposals. The proposals were independently reviewed and ranked by a selection committee that consisted of the Public Works Director, Community Planning & Building Director, Acting Police Chief, and the 4Leaf contract Project Manager. The evaluation resulted in the following rankings:
Rank Firm
1 Hammond+Playle Architects, LLP (Indigo)
2 LPA, Inc.
3 COAR Design Group
4 Marjang Architecture
Indigo has completed the design of several police station remodels in Dublin, Fairfield, Yuba City, and Stockton, as well as new facilities in Woodland and Vacaville. They have assembled a team of technical subconsultants to include Studio Schicketanz, a Carmel architectural firm for exterior design, Miyamoto International for structural engineering, Peters Engineering for electrical and mechanical engineering, Ifland Engineers for civil engineering, and Guidepost Solutions for security design. Additional specialty firms that may be needed include FACS, Inc. for hazardous materials testing and BAE for economics and grant research.
Staff met with Indigo several times to refine their proposed scope of work and negotiate their fees and schedule for performance. The resultant Professional Services Agreement is provided in Attachment #2.
The Project Team also met with the Ad Hoc Committee to review the selection process, and the proposed scope of work, fees, and schedule included in the Agreement.
The proposed functional program report will assist the City Council in further decision making on the best way forward for the project.
Functional Program Report:
Indigo’s work will be structured to first define the most essential maintenance and improvements that are necessary to bring the Public Safety/Public Works building into a safe condition required for any occupancy/use. An example of essential maintenance would include evaluating the roof structure and preparing a cost estimate to replace the roof membrane so the building does not continue to leak and expose structural members to long term moisture. Building security and lighting may also be recommended.
The second level of work will be to define those improvements that should be made in the Police Department to meet minimum POST and IACP standards. Examples include a separate ventilation system in the evidence storage room and an appropriately-designed interview room.
The third component will be to identify improvements necessary to meet Building Codes that are required, such as Americans with Disabilities Act upgrades or installation of a building-wide fire suppression system, as well as code upgrades that may be desirable, such as seismic strengthening, for longer term occupancy of the building.
The fourth component will be to define those improvements that should be made to provide the Police Department with a professional work environment that is responsive to modern Police operational needs.
For example, a quality working environment for sworn and non-sworn staff would provide the public with an appropriate public safety training (CERT), meeting room, proper locker rooms, and minimal Emergency Operation Center (EOC) facilities.
Because of the high level of interrelatedness between the Police and Public Works portions of the building, and the common utility systems and certain structural components, some work will be required in the Public Works portion of the building. An example would be to replace the antiquated boiler.
Other work on the Public Works side of the building may be required to ensure a safe working environment for those employees, such as repairs to near-failing roll-up doors. Indigo will also identify any added work in the Public Works environment that rationally should be done in concert with the required construction work in the Police areas for efficiency and cost-effectiveness. Note that some failing electrical components were so deteriorated that they have already been replaced on an emergency basis.
In addition, there is a high probability that the renovation work required in the Police segment of the building will necessitate vacating a portion or the whole Police wing. Indigo will provide an initial plan and cost estimate for this “swing space” development.
Scope of Services:
Indigo will perform the following tasks and services in which will be compiled into the functional program report:
Progress Meetings with the Project Team
Interviews with key Police and Public Works staff
Building condition assessment and documentation of existing conditions including architectural, electrical, mechanical, civil, accessibility, security, telecom, and related issues Structural evaluation for meeting essential facility requirements, including consideration for constructing a second floor on plaza over the garage
Identification of essential maintenance and safety repairs Identification of Police functional improvements
Identification of required Code improvements
Identification of professional work environment improvements Budget level cost estimates and a useful project life estimate for each segment of the work Develop schematic designs for building renovations
Develop a budget level estimate for a new Police building for an order of magnitude comparison. The estimate will not include costs for site acquisition or site development.
Provide a draft functional program report for City review and comment Present findings to City Commission(s) and Council
Provide final report
Fee and Schedule:
The negotiated not-to-exceed base fee of $252,800 is reasonable considering the wide range of technical experts involved in the project and the heavily-deteriorated condition of the building.
During the investigative process, Indigo or the Project Team may discover additional building needs that have not been highlighted in the above discussion. Therefore, a contingency of $47,200 (18.6%) is also recommended so that the project can proceed expeditiously if such unanticipated, but potential, supplemental services are warranted. The total not-to-exceed fee for this Agreement is $300,000.
Development of the functional report, conceptual drawings, and cost estimates will be compiled into a comprehensive draft report. Once the report is prepared, the consultant and staff will present the findings and recommendations to the Planning Commission, Ad Hoc Committee, and City Council. These presentations are scheduled in the December 2023 – January 2024 timeframe. Based on feedback received, the consultant with complete and submit the Final Report.
Upon the completion of this Phase 1 investigation and report, staff will return to the City Council with a set of Phase 2 project options and recommendations. After receiving City Council guidance, staff will negotiate with Indigo, or potentially another firm, to develop detailed design, bidding, and construction documents necessary to implement the City Council policy direction.
FISCAL IMPACT:
This project is a component of the Police Renovation Project previously authorized and appropriated by the City Council as part of the Capital Improvement Program (CIP).
Council appropriated $2.0 million for this project in Fiscal Year 2021/22, plus an additional $1.3 million in Fiscal Year 2022/23, for a total of $3.3 million. A very small percentage of these funds has been expended to date for electrical safety repairs, roof repairs, and for contracted project management services. As noted at the April 5, 2023 CIP Workshop and May 2nd CIP review, the remaining balance of these funds will be rolled over into Fiscal Year 2023/24.
Sufficient funds to award this Professional Services Agreement to Indigo are available in capital fund account #301-311-00-43008.
PRIOR CITY COUNCIL ACTION:
As described above, this project has gone through many revisions over the years. Currently it is an approved and financed project in the CIP and is considered one of the City Council’s highest priorities.
ATTACHMENTS:
Attachment 1) Resolution 2023-063
Attachment 2) Professional Services Agreement with Hammond+Playle Architects
CITY OF CARMEL-BY-THE-SEA CITY
COUNCIL
RESOLUTION NO. 2023-0##
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HAMMOND+PLAYLE ARCHITECTS, LLP (INDIGO) FOR PREPARATION OF
A FUNCTIONAL PROGRAM REPORT, CONCEPTUAL DRAWINGS, AND COST ESTIMATES FOR A NOT-TO-EXCEED FEE, INCLUDING CONTINGENCY, OF $300,000 FOR THE POLICE
BUILDING PROJECT
WHEREAS, the Police/Public Works building was constructed in 1967; and WHEREAS, this facility now requires essential maintenance repairs, building code upgrades, and modernization to accommodate current and future police functionality; and WHEREAS, in February 2023, Council directed staff to issue a Request for Proposal to retain an architectural firm with a strong background in police station remodels to prepare a detailed functional program report and other services for the building; and WHEREAS, four proposals were received and independently ranked by a selection committee, and it was determined that Hammond+Playle Architects (Indigo) was the best qualified firm for this project; and
WHEREAS, the scope of services, fees, and schedule were extensively negotiated with Indigo, and it was agreed upon to complete the functional program report, conceptual drawings, and cost estimates within approximately eight months for a base fee of $252,800; and WHEREAS, a contingency of $47,200 is recommended so that the project can proceed expeditiously if unanticipated, but potential, supplemental services are warranted; and WHEREAS, Council appropriated $2.0 million for this project in Fiscal Year 2021/22, plus an additional $1.3 million in Fiscal Year 2022/23, sufficient to award this Professional Services Agreement.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Authorize the City Administrator to execute a Professional Services Agreement with Hammond+Playle Architect, LLP (Indigo) to prepare a functional program report, conceptual drawings, and cost estimates for a not-to-exceed fee, including contingency, of $300,000 for the Police Building Project.
Attachment 1
Resolution 2023-0??
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Compliance Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-064 approving a 3.71 percent rate increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, effective July 1, 2023, and approving Amendment No. 2 to the Memorandum of Understanding between ReGen Monterey and Member Agencies for Fiscal Year 2023/24
RECOMMENDATION:
Adopt Resolution 2023-064 approving a 3.71 percent rate increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, effective July 1, 2023, and approving Amendment No. 2 to the Memorandum of Understanding between ReGen Monterey and Member Agencies for Fiscal Year 2023/24.
BACKGROUND/SUMMARY:
Solid Waste, Recycling, and Organics Collection Rate Adjustment Calculation On June 17, 2014, Council approved a Franchise Agreement (Agreement) with GreenWaste Recovery (GWR) for the collection of solid waste, recycling and organics, subsequent to a competitive Request for Proposals selection process. The Agreement became effective on July 1, 2015 and expires on June 30, 2030. The Agreement includes a prescribed formula to determine annual rate adjustments by GWR, effective each year on July 1. This index-based formula includes the cost of disposal and processing (“tipping fee”) at the ReGen Monterey (formerly known as Monterey Regional Waste Management District) facility in Marina, inflationary indexes for adjustments to GWR labor and operating costs, regional implementation of SB 1383 (further discussed below), and the City’s Franchise Fee of 13%.
HF&H Consultants, LLC (HF&H) was retained by ReGen Monterey to review GWR’s request for an adjustment to customer rates, effective July 1, 2023 (Attachment 2). The rate review resulted in a 3.71% rate increase due to labor and material inflationary indices for the period reviewed. ReGen Monterey originally estimated the City’s rate increase to be 3.97%, but after review, it was reduced to a 3.71% rate increase.
Rate Adjustment Approval
While the Agreement requires the City Council to approve annual rate adjustments, the rate adjustment is based upon disposal fees and actual tonnage, inflationary indexes for GWR labor and operational costs, and cost for the City’s Franchise Fee and other regulatory fees. City staff, in tandem with ReGen Monterey staff and HF&H, finds the rate calculation methodology to be consistent with the Agreement. Therefore, staff recommends Council approve Resolution 2023-064 (Attachment 1) and rate adjustment, which becomes effective on July 1, 2023, in accordance with the Agreement.
Memorandum of Understanding (MOU) for Regional SB1383 Implementation In November 2020, CalRecycle issued regulations to implement Senate Bill (SB) 1383, with the goal to reduce the amount of organic material being landfilled by 75% by 2025. CalRecycle regulations place significant responsibility for implementation on local municipalities, including food waste collection from all residential and commercial customers, public education and outreach, enforcement, developing or increasing the capacity of edible food recovery programs, and purchasing recycled organic material such as compost.
In response to the new regulations, ReGen Monterey’s Technical Advisory Committee (TAC), which is comprised of staff from each Member Agency including the City, waste haulers in the ReGen Monterey service area, and ReGen Monterey, have been working collaboratively to implement program changes to meet the new regulations.
The Member Agencies determined ReGen Monterey has the expertise and resources necessary to implement shared activities on the Member Agencies’ behalf, and agreed to reimburse ReGen Monterey for proportionate shares of designated annual costs incurred by ReGen Monterey for these activities under the MOU regarding assistance with compliance with SB 1383. Elements of the new regulations that are being managed by ReGen Monterey under guidance of the TAC are similar to last year and include public outreach, contamination monitoring, enforcement, reporting, and edible food recovery programs. The regional costs for implementation of SB 1383 under this MOU are included in the collection rates charged by GWR. The MOU Amendment No. 2 is included as Attachment 3.
The City’s share of regional costs for implementation of SB 1383 in FY 2023/24 is $9,486. This amount is reflected as an agency fee in the solid waste, recycling, and organics collection rate adjustment.
FISCAL IMPACT:
The new collection rates reflect an increase of 3.71% and are included as Exhibit A to the Resolution (Attachment 1). The 3.71% rate increase is due to labor and material inflationary indices for the period reviewed. The cost of SB 1383 implementation is also included in the fees.
For context, a residential customer with a 32-gallon trash cart will now pay $51.91 a month for solid waste, recycling and yard trimming service, as compared to the current rate of $50.05 a month, or $22.32 more per year. Commercial rates vary based upon size of the cart, frequency of collection, and type of collection service.
The City’s share of regional costs to ReGen for FY 2023/24 of $9,486 is covered in the Public Works/Environmental Programs operating budget.
The City’s Franchise Fee of 13% for FY 2022/2023 was estimated at $427,215, and for next FY 2023/24, the franchise fee is estimated at $443,074.
PRIOR CITY COUNCIL ACTION:
In June 2021, Council approved GWR’s imposition of a 2% formula-based rate adjustment for the collection of solid waste, recycling and organics. GWR’s rate increase was primarily due to the creation of a $72,600 fund to buffer anticipated costs of SB 1383.
In November 2021, Council amended the City’s Solid Waste and Materials Recovery Ordinance (Chapter
8.16) to address the new requirements of SB 1383. In December 2021, Council also amended the Franchise Agreement with GWR to comply with SB 1383 and approved a 3.76% extraordinary rate increase to cover the additional operational costs associated with SB 1383.
On June 7, 2022, Council approved a 2.14% increase for GWR for the collection of solid waste, recycling and organics. Council also approved Amendment No. 1 to the Memorandum of Understanding between the Monterey Regional Waste Management District and Member Agencies for Fiscal Year 2022/23 regional costs associated with SB 1383.
ATTACHMENTS:
Attachment 1) Resolution 2023-064
Attachment 2) HF&H Rate Increase Review
Attachment 3) MOU Amendment No. 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-064
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A 3.71 PERCENT RATE INCREASE TO CHARGES BY THE CITY’S
FRANCHISED HAULER, GREENWASTE RECOVERY, FOR THE COLLECTION OF SOLID WASTE, RECYCLING AND ORGANICS, EFFECTIVE JULY 1, 2023, AND APPROVING AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE REGEN MONTEREY AND MEMBER AGENCIES FOR FISCAL YEAR 2023/24 WHEREAS, the City of Carmel-by-the-Sea (City) entered into a Franchise Agreement with GreenWaste Recovery, Inc. (GWR) on June 17, 2014 for solid waste, recycling, and organics collection services for the period of July 1, 2015 through June 30, 2030; and, WHEREAS, Section 8.2 of the Franchise Agreement requires annual inflationary adjustments to customer rates on July 1 of each year, as described in Exhibit E1 to the Agreement, based on agreed-upon cost indices, changes in tipping fees at the ReGen Monterey (formerly Monterey Regional Waste Management District) landfill, City fees, and actual tonnage of materials collected by GWR; and,
WHEREAS, HF&H Consultants, LLC (HF&H) was retained by ReGen on behalf of all its member agencies to review GWR’s request for an adjustment to customer rates, as submitted to the City on April 1, 2023; and,
WHEREAS, HF&H’s calculation of the rate adjustments have been reviewed by City staff, and staff finds the calculations to be consistent with the methodology and requirements of the Franchise Agreement; and,
WHEREAS, the rate review resulted in a 3.71 percent rate increase; and, WHEREAS, in September 2016, the Governor signed into law Senate Bill 1383 (SB 1383) establishing methane emissions reduction targets, and in November 2020, CalRecycle issued regulations to implement SB 1383; and
WHEREAS, the ReGen’s Technical Advisory Committee developed a Memorandum of Understanding to conduct tasks to comply with CalRecycle SB 1383 regulations on a regional basis; and
WHEREAS, regional implementation costs included in the Memorandum of Understanding must be updated annually; and
WHEREAS, the City’s share of regional implementation costs is reflected as an agency fee in the solid waste, recycling, and organics collection rate adjustment.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Approve a 3.71 percent rate increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, effective on July 1, 2023, as shown in the attached Exhibit A Attachment 1
Resolution 2023-064
Approve Amendment No. 2 to the Memorandum of Understanding between ReGen and Member Agencies for Fiscal Year 2023/24 regional costs associated with SB 1383.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Resolution 2023-064
EXHIBIT A
Franchise Agreement Exhibit G-3
Rates Effective July 1, 2023
(All rates are monthly unless stated otherwise)
Note: All rates are monthly unless stated otherwise.
Residential Solid Waste Collection Rates
Service Level Solid Waste Recycling Organics
20 Gal Back/Side $ 46.72 Included Included
32 Gal Back/Side $ 51.91 Included Included
64 Gal Back/Side $ 82.05 Included Included
96 Gal Back/Side $ 104.00 Included Included
Notes:
See Exhibit B1 forspecific service availability
Commercial/Multi-Family Solid Waste Collection Rates
Frequency
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32-Gallon Cart $ 52.27 $ 104.58 $ 132.61 $ 161.21 $ 189.64 $ 255.85 64-Gallon Cart $ 100.68 $ 163.87 $ 227.31 $ 290.77 $ 428.70 $ 544.35 96-Gallon Cart $ 124.19 $ 233.54 $ 346.66 $ 437.08 $ 561.27 $ 712.34 1-Cubic Yard Bin $ 286.74 $ 539.30 $ 738.01 $ 927.69 $ 1,117.39 $ 1,420.46 2-Cubic Yard Bin $ 421.35 $ 842.09 $ 1,263.47 $ 1,686.56 $ 1,986.69 $ 2,114.90 3-Cubic Yard Bin $ 596.58 $ 1,052.61 $ 1,473.71 $ 1,823.97 $ 2,105.72 $ 2,526.46 4-Cubic Yard Bin $ 793.73 $ 1,306.27 $ 2,105.55 $ 2,623.57 $ 2,856.12 $ 3,088.69 2-Cubic Yard Compactor $ 460.92 $ 921.22 $ 1,382.15 n/a n/a n/a 3-Cubic Yard Compactor $ 655.92 $ 1,171.31 $ 1,651.75 n/a n/a n/a 4-Cubic Yard Compactor $ 872.85 $ 1,464.51 $ 2,342.92 n/a n/a n/a Commercial/Multi-Family Recycling Collection Rates
Frequency
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $ 15.10 $ 24.58 $ 34.09 $ 43.61 $ 64.30 $ 81.65 96-Gallon Cart $ 18.64 $ 35.03 $ 52.00 $ 65.57 $ 84.20 $ 106.84 1-Cubic Yard Bin $ 43.01 $ 80.90 $ 110.70 $ 139.14 $ 167.61 $ 213.07 2-Cubic Yard Bin $ 63.20 $ 126.31 $ 189.52 $ 252.99 $ 298.01 $ 317.25 3-Cubic Yard Bin $ 89.49 $ 157.89 $ 221.06 $ 273.59 $ 315.87 $ 378.96 2-Cubic Yard Compactor $ 17.08 $ 34.06 $ 51.16 n/a n/a n/a 3-Cubic Yard Compactor $ 20.30 $ 19.53 $ 13.50 n/a n/a n/a 4-Cubic Yard Compactor n/a n/a n/a n/a n/a n/a
Commercial/Multi-Family Food Waste Collection Rates
Frequency
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $ 75.50 $ 122.89 $ 170.48 $ 218.09 $ 321.53 $ 408.27 96-Gallon Cart $ 93.13 $ 175.15 $ 260.00 $ 327.82 $ 420.97 $ 534.25 1-Cubic Yard Bin $ 215.06 $ 404.49 $ 553.50 $ 695.75 $ 838.05 $ 1,065.35 2-Cubic Yard Bin $ 316.01 $ 631.57 $ 947.61 $ 1,264.92 $ 1,490.02 $ 1,586.16 Attachment 1
Commercial/Multi-Family Yard Trimmings Collection Rates Frequency
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $ 75.50 $ 122.89 $ 170.48 $ 218.09 $ 321.53 $ 408.27 96-Gallon Cart $ 93.13 $ 175.15 $ 260.00 $ 327.82 $ 420.97 $ 534.25 1-Cubic Yard Bin $ 215.06 $ 404.49 $ 553.50 $ 695.75 $ 838.05 $ 1,065.35 2-Cubic Yard Bin $ 316.01 $ 631.57 $ 947.61 $ 1,264.92 $ 1,490.02 $ 1,586.16 3-Cubic Yard Bin $ 447.44 $ 789.46 $ 1,105.27 $ 1,367.97 $ 1,579.29 $ 1,894.84 Roll-Off Collection Rates (Per Pull)
Material
Service Level MSW REC FW YT C&D
10 YD $ 734.05 $ 734.05 $ 734.05 $ 734.05 $ 734.05
20 YD $ 806.99 $ 806.99 $ 806.99 $ 806.99 $ 806.99
30 YD $ 1,002.74 $ 1,002.74 $ 1,002.74 $ 1,002.74 $ 1,002.74 40 YD $ 1,198.51 $ 1,198.51 $ 1,198.51 $ 1,198.51 $ 1,198.51 Per Ton $ 85.06 $ 45.98 $ 73.56 $ 54.02 $ 85.06
Additional Service Rates
Service Sector Charge Per Event*
Cart Rental - All Sizes RES $ 4.97
Cart Replacement RES $ 99.39
Re-Delivery or Re-Start RES $ 41.41
Cart Cleaning RES $ 41.41
Non-Scheduled Collection RES $ 31.48
Cardboard Sticker COM $ 15.40
Difficult to Service Cart COM $ 1.66
Difficult to Service Bin COM $ 4.97
Locking Bin COM $ 82.81
Cart Replacement COM $ 99.39
Cart Cleaning COM $ 41.41
Bin Swap- Cleaning or Repainting COM $ 124.23
Bulky - Recyclable RES/COM $ 33.13
Bulky - Non Recyclable RES/COM $ 41.41
Bulky - Event RES/MFD $ 49.69
Covered Box RO $ 124.23
Driver Time per Hour RO $ 182.20
Dry Run or Relocation RO $ 124.23
Extra Days RO $ 41.41
*Note: Application of feesshall be as described in Franchise Agreement Attachment 1
Managing Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton
May 19, 2023
Mary Bilse
Environmental Compliance Manager
City of Carmel-by-the-Sea
Sent via E-mail
Subject: Review of GreenWaste Recovery’s 2023-24 Rate Request – Final Report Mary Bilse:
HF&H Consultants, LLC (HF&H) was retained by the Monterey Regional Waste Management District (District) to assist with a review of GreenWaste Recovery’s (GWR) request for an adjustment to customer rates, effective July 1, 2023, submitted to the City of Carmel-by-the-Sea (City) on April 1, 2023. This report presents our findings and recommendations.
EXECUTIVE SUMMARY
HF&H’s review of GWR’s Rate Period 9 (RP9) rate request to the City and subsequent negotiations with GWR resulted in the following outcomes:
1. A 3.71% increase (the result of a $121,995 shortfall) to rates as calculated for RP9. Refer to Figure 1 for the impact to sample residential rates.
Figure 1 – Example Rate Impact of Adjustment
BACKGROUND
In 2012, the City, participating with other members of the District, issued a competitive request for proposals for collection services and entered into the new Agreement with GWR effective July 1, 2015.
The Agreement provides for the following, related to the adjustment of rates:
Current Rates
(RP8) RP9
Adjustment 2.14% 3.71%
Residential 32-
gallon rate $ 50.05 $ 51.91
Carmel Rate Adjustment
Attachment 2
Managing Tomorrow’s Resources Today
Mary Bilse
May 19, 2023
• Rates are to be adjusted annually throughout the term of the Agreement, using various inflationary indices, actual tonnage, and changes in the tipping fees at the District, unless either the City or GWR request a Cost Based Rate Adjustment (CBRA).
• The City and GWR may mutually agree upon alternative approaches to structuring rates without amendment to the Agreement (Section 8.2.D).
• During the CBRA review in Rate Period 5 (RP5), a number of issues surrounding the process for setting rates and the resulting rate relationships amongst sectors and materials was identified. As such, the City and GWR have negotiated an amendment to the prescribed methodology for the CBRA and index adjustments so as to not alter rate relationships between service sectors and material types. • Through negotiations of the amendment, and as a result of the desire to maintain current rate relationships between sectors and service levels, the City and GWR have prescribed a uniform rate adjustment to be applied to all sectors.
RATE CALCULATION REVIEW
HF&H Scope of Work
HF&H performed this review of the rate request in accordance with Exhibit E1 (for the index based rate adjustment). These procedures included:
1. Review of the rate request for completeness and compliance with the procedures contained in Exhibit E1 of the Agreement.
2. Review for mathematical accuracy and logical consistency to determine that the rate request is mathematically correct, that the rows and columns of numbers add down and across as intended, and that the stated assumptions were, in fact, used. Also, to determine that the rate request is internally consistent and that any summary schedules agree to the supporting schedules and worksheets.
3. Verification of the inclusion of the franchise fee calculation in the adjustment.
4. Verification of contract compliance with regard to:
A. The indices used in the adjustment.
B. The tip fees reported for the disposal/processing components of the rates.
C. The use of quarterly-reported tonnage data and allocations among agencies. A detailed audit of tonnage and allocations of tonnage reported by GWR was not a part of this scope of work.
HF&H discussed GWR’s allocation methodology with them and the methodology appears reasonable and consistent with standard practices within the industry.
Attachment 2
Managing Tomorrow’s Resources Today
Mary Bilse
May 19, 2023
D. Any changes in governmental fees on the fee component of the rates; and, the accurate application of the resultant percentage changes in the various rate components to the rate schedule approved by the City through the Agreement.
E. The addition of anticipated costs related to identified program changes resulting from SB 1383.
Review of Rate Request
Rate Period 9 Application
HF&H reviewed the rate application for RP9. The results of the calculation of RP9 per methodology of Exhibit E1 of the amendment can be seen in Figure 2 on the following page.
Attachment 2
Managing Tomorrow’s Resources Today
Mary Bilse
May 19, 2023
Figure 2 – City of Carmel Application of Index Based Adjustments to RP9 Rate Period Eight Adjustment Factor Rate Period Nine
Annual Cost of Operations
Labor-Related Costs $ 867,420 1.058 $ 917,730
Vehicle-Related Costs $ 120,048 1.082 $ 129,892
Fuel Costs $ 126,300 1 $ 126,300
Other Costs $ 233,662 1.082 $ 252,822
Direct Depreciation $ 151,264 N.A. $ 151,264
Total Allocated Costs - Labor, Vehicle, Fuel & Other $ 501,871 1.082 $ 543,024 Total Allocated Costs - Depreciation & Start-Up $ 25,726 N.A. $ 25,726 Total Annual Cost of Operations $ 2,026,291 $ 2,146,759 Profit $ 336,455 OR=85.76 $ 356,458
Pass-Through Costs
Disposal Costs $ 211,442 Tons*Tip Fee $ 195,160
Curbside Supplemental $ (7,152) 1.00 $ (7,152)
Recycling Processing Costs $ 75,031 Tons*Tip Fee $ 69,876 Residue Processing Costs $ 15,756 Tons*Tip Fee $ 16,676 Yard Trimmings Processing Costs $ 89,526 Tons*Tip Fee $ 80,091 Food Waste Processing Costs $ 19,789 Tons*Tip Fee $ 19,128 C&D Processing Costs $ 1,155 Tons*Tip Fee $ -
Interest Expense $ 44,270 N.A. $ 44,270
Direct Lease Costs $ - N.A. $ -
Total Allocated Costs - Lease $ 38,993 N.A. $ 38,993
Total Pass-Through Costs $ 488,810 N.A. $ 457,043
Total Costs before Agency Fees $ 2,851,556 N.A. $ 2,960,260 Agency Fees/Payments
Franchise Fee $ 427,215 13.00% $ 443,074
Administrative Fee $ - 0.00% $ -
AB 939/341 Fee $ - 0.00% $ -
HHW Fee $ - 0.00% $ -
Vehicle Impact Fee $ - 0.00% $ -
Litter Abatement Fee $ - 0.00% $ -
AB 939 Fee 0.00%
Rate Application Review Costs $ 7,500 Actual $ 9,486
Other Adjustments (as needed from time to time)
Adjustment from MRWMD Tip Fee Estimates $ - N.A. $ (4,554) Total Calculated Costs $ 3,286,271 $ 3,408,266
Surplus/(Shortfall) $ (121,995)
Increase/Decrease 3.71%
Attachment 2
Managing Tomorrow’s Resources Today
Mary Bilse
May 19, 2023
Review of GWR Costs
There are four major components to GWR’s rate application: 1) calculation and application of the inflationary indexes as prescribed in the Agreement; 2) the disposal and/or processing component; 3) the Agency Fees; and, 4) other one-time adjustments.
There are three indexes used in the index adjustment; CPI, fuel index, and labor index. The annual percent change in each of the indices is used to calculate the coming years projected cost for the line items to which these indexes are applied.
HF&H has reviewed and GWR has confirmed the accuracy of each of these indexes, and notes that the fuel index remains unchanged, as reported by management staff at the District.
Review of Disposal/Processing Component
Calendar Year 2022 collected tons were used for the RP9 review in accordance with the amendment. The disposal and processing components also consider the tipping fees charged by the District in order to project anticipated disposal and processing costs at the District. The following table describes the changes in the City’s disposal and processing costs for each material type based on the tip fees at the District, which have been incorporated into our RP9 review.
Figure 3 - Impact of District Tip Fee Changes
Review of Fee Component
HF&H ensured that the fee component of each rate matches the contractual percentage of 13% for franchise fees, remitted to the City by GWR.
Additionally, rate application review costs and other identified District costs totaling $9,486 were added as a one-time adjustment to cover the rate review, franchise management, and other identified District costs such as staff time, public education and outreach, and some other identified costs related to SB 1383.
Material 2022
Tons
Current Per Ton
Tip Fee
Rate Period 9
Costs
A B A x B
Solid Waste 2,637 $ 74.00 $ 195,160
Recycling 1,747 $ 40.00 $ 69,876
Yard Trimmings 1,704 $ 47.00 $ 80,091
Food Waste 299 $ 64.00 $ 19,128
C&D* - $ 74.00 $ -
*The C&D per ton tip fee reflects an average weighted cost for multiple types of C&D materials.
Attachment 2
Managing Tomorrow’s Resources Today
Mary Bilse
May 19, 2023
Review of Other One-Time Adjustments
There was a change between actual tip fees and the anticipated amount set forth in RP8 rates with regard to the Recycling per ton tip fee. The reconciliation of this amount resulted in a credit of $4,554 to be included as a one time adjustment.
New Rates
Attached hereto is a table of all new rates recommended for RP9 based on the adjustments described in this memo (Attachment B). HF&H recommends adopting these rates by resolution to be effective July 1, 2023.
* * * * *
We would like to express our appreciation to GWR staff for their assistance and cooperation in this process. Should you have any questions, please call me at (925) 977-6959 or rchilton@hfhconsultants.com.
Very truly yours,
HF&H CONSULTANTS, LLC
Rob Hilton Dave Hilton
President Senior Project Manager
Attachment 2
1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND ITS
MEMBER AGENCIES REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383
This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“District”, “MRWMD”), a California Garbage and Refuse Disposal District, and its member agencies including the cities of CARMEL-BY-THE-SEA, DEL REY OAKS, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, and SEASIDE; THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT; and THE COUNTY OF MONTEREY (“Member Agencies”). Collectively these entities shall be known herein as “Parties” or individually as a “Party.”
Recitals
A. The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on each Member Agency, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. The legislation mandates that Member Agencies undertake certain activities around the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream. Regulations take effect, and local program implementation will begin, on January 1, 2022.
B. The Member Agencies have determined that it is in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by the District’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles (SVR) and MRWMD.
C. The Member Agencies have further determined that the District has the expertise and resources necessary to implement some of these activities on the Member Agencies’ behalf and have now requested that the District incur costs to provide these activities.
D. The Member Agencies have agreed to reimburse the District for proportionate shares of certain designated annual costs incurred by the District for these activities.
E. The form and content of this MOU have been presented to the TAC, and the TAC has recommended it for approval by the Parties
NOW THEREFORE, in consideration of the mutual benefits to be derived by the District and the Member Agencies, and of the promises contained in this MOU, the Parties agree as Attachment 3
2 follows:
Section 1. Recitals: The recitals set forth above are incorporated into this MOU.
Section 2. Purpose: The purpose of this MOU is to provide a structure for the Member Agencies to reimburse the District for SB 1383 related activities it performs on behalf of the Member Agencies.
Section 3. Voluntary: This MOU is voluntarily entered into by the Parties for the purpose of facilitating the implementation of SB 1383.
Section 4. Term: This MOU shall become effective on the last day of its execution by a Party and shall remain in effect until terminated by the Parties.
Section 5. Scope of Work, Costs & Cost Sharing: The scope of work, and associated costs, are set out in Exhibit A, entitled Detailed Activities and Costs, attached hereto and incorporated herein. Allocation of such costs to the Member Agencies is set out in Exhibit B, entitled Member Agencies’ Annual Proportionate Shares and Costs, attached hereto and incorporated herein. Exhibit C outlines estimated individual Member Agencies’ allocations related to the Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (OWR1: 2021-22), attached hereto and incorporated herein. Exhibit D defines the estimated annual procurement requirements of organic material and estimated cost per ton of compost for each Member Agency, attached hereto and incorporated herein.
No later than March 1 of each year, and at such other times as directed by the Parties, the TAC shall meet to consider and, if deemed necessary, modify Exhibits A, B, C, and/or D subject to direction from the governing bodies of each Member Agency to its TAC representative.
Section 6. The District Agrees:
(a) District staff will manage activities as identified in Exhibit A, C, and D which activities include contracting with third party vendors when reasonably necessary and paying those vendors for contracted costs.
(b) Two times per year, on dates to be determined by the TAC, District will invoice Member Agencies for each Member Agency’s proportionate share of costs as shown in Exhibit B with each invoice to be fifty percent (50%) of the Member Agency’s share of costs. (c) Upon award of CalRecycle SB 1383 Local Assistance Grant Program funds, the District will invoice Member Agencies for their full allocation of grant funds as shown in Exhibit C. Four times during the grant term, aligned with dates identified by CalRecycle grant Terms & Conditions, the District shall report to Member Agencies a summary of actual grant expenditures and progress toward grant tasks to date.
Attachment 3
3 (d) District will maintain an accounting of activities and expenses and provide reconciliation of payments annually. Material differences between estimated costs and actual incurred costs will result in either: 1) an adjustment made to the final annual payment for each Member Agency, or 2) such cost difference shall be incorporated into the subsequent year cost allocation.
(e) In year one only, in recognition of expected continuation of improved recycling revenues for the District from recyclable material sales, the District will off-set $140,000 of the costs identified in Exhibit A. This off-set is reflected in the cost allocations set out in Exhibit B for FY 2021-22.
Section 7. The Member Agencies Agree:
(a) To reimburse the District for all expenses incurred by the District under this MOU in accordance with each Member Agency’s proportionate share as shown on Exhibit B, C, and D. (b) To make a full-faith effort to cooperate with one another and with the District to achieve the purposes of this MOU by providing information, reviewing information in a timely manner, and informing their respective administration and governing bodies.
Section 8. Termination. Any Party may terminate its participation in this MOU upon giving written notice to the District no later than April 1 of any calendar year during the term of this MOU. Within ten days following a Party’s termination date, such party shall pay District all charges then due and payable and shall pay when determined any additional charges that shall later come due under the MOU, subject to the limits set out in Exhibits A, B, C, and D.
Section 9. General Provisions.
(a) This MOU is binding and for the benefit of the respective successors, heirs, and assigns of each Party and the District; provided however, no Party may assign its respective rights or obligations under this MOU without the prior written consent of the District. (b) This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.
(c) If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU.
(d) Waiver by the District or any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition, or covenant.
Attachment 3
4 Waiver by the District or any Party of any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.
(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU. (f) All parties acknowledge they have been represented, or have had the opportunity to be represented, by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the District and the Parties and must be rectified by amending this MOU.
IN WITNESS WHEREOF, the District and the Parties have caused this MOU to be executed by their duly authorized representatives as of the date of their respective signatures.
MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
5 CITY OF CARMEL-BY-THE-SEA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
6 CITY OF DEL REY OAKS
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
7 CITY OF MARINA
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
8 CITY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
9 CITY OF PACIFIC GROVE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
10 SAND CITY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
11 CITY OF SEASIDE
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
12 PEBBLE BEACH COMMUNITY SERVICES DISTRICT
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
13 COUNTY OF MONTEREY
By: ________________________ DATE: _______________
APPROVED AS TO FORM:
_______________________
Attachment 3
14 EXHIBIT A
DETAILED ACTIVITIES & COSTS
FY 2023-2024
Scope of Work
The activities related to the implementation of SB 1383 may include contracting and policy development; public education; materials purchasing and distribution; reporting; contamination monitoring; edible food waste recovery; enforcement; procurement; organics processing; rate setting; cost monitoring; and any other related activities the Parties choose to address.
The District will take the lead producing public education campaigns in concert with the alreadyprovided Hauler and/or Member Agency resources. The Member Agencies will be responsible for production and mailing fees associated with outreach. The District will also contract with a vendor to administer contamination monitoring in the form of curbside lid flipping The District will also provide CalRecycle reporting services to the Member Agencies. In addition, funds will be allocated to food recovery organizations for procurement of refrigerated holding facilities or transport vehicles to support edible food recovery efforts.
Costs
Attachment 3
15 EXHIBIT A
DETAILED ACTIVITIES & COSTS
FY 2023-2024 (CONTINUED)
Attachment 3
16 EXHIBIT B
MEMBER AGENCIES’ ANNUAL PROPORTIONATE SHARES & COSTS*
FY 2023-2024
*Member Agencies’ proportionate costs subject to adjustment annually in accordance with any change in scope and total costs. Costs “with minimums” will be utilized.
Attachment 3
17 EXHIBIT C
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) join the Local Assistance Grant Program as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost-effectiveness across the countywide area.
This regional grant-funded project will be coordinated through the two local waste management governmental agencies within Monterey County, Monterey Regional Waste Management (MRWMD), and Salinas Valley Solid Waste Authority (SVSWA).
The Member Agencies, along with each of the MRWMD and SVSWA member agencies are applying individually to this grant program using a unified regional project design, budget and implementation approach. All participating jurisdictions’ individual grant funding will be pooled together and expended in a cooperative manner by their agencies’ respective waste districts, MRWMD and SVSWA. The County of Monterey is applying separately and will manage its budget and project implementation independently, in coordination with broader regional planning efforts.
Based on current regional needs and findings to date related to SB 1383 in Monterey County, the following four major components will comprise the principal focus areas of program expenditures under the proposed regional project approach:
1) Grant Management, Tracking & Reporting
2) Agency Procurement Support
3) Edible Food Recovery Implementation and Capacity Building 4) Organics & Edible Food Recovery Education, Outreach and Technical Assistance Each element will be informed by regional coordination through the established MRWMD and SVSWA Technical Advisory Committee forums, Capacity Planning Assessments and related studies completed or in process throughout the region, and new data and information obtained through program implementation trials, stakeholder feedback and best practices as identified.
All expenditures will be incurred jointly, facilitated through each respective waste agency, and tracked and reported by each jurisdiction, based on the percentage of grant funds received by each agency compared to the full funding received collectively by all participating member agencies. CalRecycle, based on per capita calculations, using the Department of Finance’s January 2021 population statistics, estimates jurisdictions’ proportionate grant allocations. A summary of individual and collective agency grant allocations is presented below as Table 1.
Attachment 3
18 EXHIBIT C
(Continued)
MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**
Table 1. Thirteen Agency Collaborative Approach Budget Summary ** Working in coordination with the designated CalRecycle grant manager or other agency representatives as appropriate, the region may adjust these proposed expenditure areas, Agencies Estimated
Funding
% of District
Subtotal
% of Region
Total
Waste
District
Carmel-by-the-Sea $20,000 9% 4% MRWMD
Del Rey Oaks $20,000 9% 4% MRWMD
Marina $29,771 14% 6% MRWMD
Monterey $38,247 18% 7% MRWMD
Pacific Grove $21,398 10% 4% MRWMD
Sand City $20,000 9% 4% MRWMD
Seaside $43,151 20% 8% MRWMD
Pebble Beach Community
Services District
$20,000 9% 4% MRWMD
Subtotal (MRWMD): $212,566 100% 41%
Gonzales $20,000 6% 4% SVSWA
Greenfield $25,157 8% 5% SVSWA
King City $20,665 7% 4% SVSWA
Salinas $211,143 68% 40% SVSWA
Soledad $33,095 11% 6% SVSWA
Subtotal (SVSWA): $310,060 100% 59%
TOTAL (13 Agency Regional
Approach): $522,626 100%
Attachment 3
19 amounts, or priorities, consistent with grant expenditure eligibility requirements, as needed during the course of the grant term based on the needs of the region.
EXHIBIT D
MEMBER AGENCIES’ ESTIMATED PROCURMENT REQUIRMENTS
OF ORGANIC MATERIAL
The list below indicates the annual recovered organic waste product procurement targets for each jurisdiction (city, county, or city and county) that will be in effect from January 1, 2022, through December 31, 2026 per CalRecycle.
Attachment 3
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Receive a report and provide policy direction on the potential re-establishment of the Design Review Board
RECOMMENDATION:
Receive a report and provide policy direction on the potential re-establishment of the Design Review Board BACKGROUND/SUMMARY:
EXECUTIVE SUMMARY
On April 4th, 2023, Council was asked to provide early policy direction regarding the potential reestablishment of a Design Review Board (DRB). After initial discussions, and some high level policy direction, which included affirmation of a desire to move forward with re-establishment, Council requested that staff return the following month with an overview of how the process functioned in the City from 2000 to 2009. Council also requested staff to return with information about how the City of Monterey’s Architectural Review Committee (ARC) currently functions. Council requested this additional information to be able to provide more specific policy direction about the makeup and structure of the DRB. This report is intended to give a background on creation and dissolution of the DRB in Carmel, as well as an overview of functions for both the prior Carmel DRB and existing Monterey ARC.
BACKGROUND
City of Carmel-by-the-Sea Design Review Board
In the year 2000, a formal Design Review Board (DRB) was established in the City’s Municipal Code to review residential and commercial projects involving new construction or major alterations, which did not involve other land use entitlements. In July of 2009, the DRB was dissolved by Ordinance 2009-07 (Attachment 1) and their duties were combined with those of the City’s Planning Commission. One of the recitals from the ordinance states that the merger would “create more consistency for applicants in design review decisions made by the City and will result in a reduced workload for City staff”. The July 2009 staff report (Attachment 2) went into more detail about the reasons for merging the DRB and Planning Commission back together, which included: 1) A high vacancy rate in the village creating a diminished pool of qualified board members; 2) Reducing the workload of staff by having one less board to manage noticing, reports, agenda, and meetings for; 3) Increasing consistency of decision making by having a single review authority due to a concern that the DRB and Planning Commission interpreted the Design Guidelines differently, and; 4) Decrease in revenue from building permits.
Relevant sections from the previous Municipal Code have been attached to this report which: A) Created the DRB (Attachment 3 - Chapter 2.30); B) Established the duties and powers of the DRB (Attachment 4 - Section 17.52.050), and: C) Laid out the procedures for Design Review by the DRB (Attachment 5 – Chapter 17.58).
The following bullets provide a high level overview of how the DRB functioned from the year 2000 to 2009:
Consisted of five (5) members, with a preference (not required) for varied backgrounds in things such as architecture, landscaping, construction, art, and construction.
Members were required to be residents and electors of the City.
DRB had full decision making authority over all Track 2 commercial and residential projects consisting of new structures, substantial alterations and projects that did not qualify for administrative review (Track 1/Staff Approval) and did not involve land use permits or variances (Planning Commission).
DRB meetings were publicly noticed, just like Planning Commission and all other public hearings.
The DRB’s regulatory focus was on ensuring adherence to the City’s adopted Design Guidelines as laid out in section 17.50.010 of Attachment 3 to this report.
Projects which included land use matters along with design review (e.g.: Use Permit, Variance, etc.) did not go to the DRB, but rather went only to the Planning Commission for the full decision, which included design review and approval.
For any projects that required a decision or recommendation by either the Forest and Beach Commission, or the Historic Resources Board, those hearings were required to happen prior to the DRB meeting.
The DRB conducted two hearings as part of the process: 1) Preliminary Design Concept Review Hearing to consider site design and basic massing of the project, and; 2) Final Design Details Hearing to consider the final development plans, including colors and materials. (The current Planning Commission follows this same procedure still).
Decisions of the DRB were appealable directly to the City Council.
City of Monterey Architectural Review Committee
Established well over 20 years ago, the City of Monterey Architectural Review Committee (ARC) is composed of citizens with expertise and interest in design and architecture. ARC reviews all aspects of a proposed project that deal with the outside appearance. Some of these include access, on-site circulation, grading, tree impacts and building placement. The Committee also analyzes landscape areas and planting, architectural style, bulk, mass and color to make sure they conform with the City’s adopted guidelines.
Relevant sections from Monterey’s Municipal Code have been attached to this report (Attachment 6) which:
A) Establish the ARC’s powers and duties (Article 5), and; B) Lay out the procedures for Design Review by the ARC (Article 25).
The following bullets provide a high level overview of how the ARC functions in the City of Monterey:
Consists of seven (7) members, with a requirement for at least one (1) of the members to be an architect or person professionally competent in a field related to architecture, unless no such person is available for appointment when the vacancy arises. The remaining positions are preferred (not required) to have varied backgrounds in things such as architecture, landscaping, construction, art, and construction.
Regular ARC hearings are held twice (2x) per month.
The ARC conducts two hearings for each project as part of the process: 1) “Preliminary Review” to evaluate a project’s general siting, form, mass and architectural style, and; 2) “Final Review” to evaluate a project’s exterior finishes, colors, materials, landscaping, lighting, fencing and any other exterior feature.
ARC has full decision making authority over all design related approvals unless they are “minor” in nature and qualify for administrative/staff review, or involve a historic resource.
The ARC’s authority also includes review and approval of design for those projects that include land use entitlements (Use Permit, Variance, etc.). When a project does include a land use entitlement such as a Use Permit of Variance, the Planning Commission must render a decision on that portion of the project prior to the whole project being considered by the ARC. When this happens, the Planning Commission does not comment or deliberate on any design elements of a project.
For projects that involve historic resources, the City’s Historic Preservation Committee (HPC) reviews all elements of the proposed project, including design. In other words, the ARC does not have authority over design review for projects that involve an historic resource.
The City of Monterey does not have a Forest and Beach Commission, so the ARC is also the approval authority for tree removal when reviewing development projects.
Decisions of the ARC are directly appealable to the City Council.
COUNCIL DIRECTION
Following consideration of the information above, staff is seeking policy guidance from Council on the reestablishment of the DRB and shifting design review authority away from the Planning Commission.
Examples of policy issues to be considered could include but are certainly not limited to things like:
Whether the DRB is an approving body or just a recommending body to the Planning Commission? How to divide duties between the DRB and Planning Commission? How would the establishment of a DRB impact the number of steps in the development application process, which sometimes also includes the Forest and Beach Commission, Historic Resources Board?
What should the DRB appointment criteria look like?
If most design review shifts away from Planning Commission, what do future commission meetings look like?
Should the responsibilities of a DRB be combined with those of the Historic Resources Board? FISCAL IMPACT:
Staff time associated with re-establishing the Design Review Board is covered under the Community Planning and Building FY2022/23 adopted Operating Budget.
PRIOR CITY COUNCIL ACTION:
The City Council provided previous provided direction to evaluate reestablishment of a Design Review Board.
ATTACHMENTS:
Attachment 1) Ordinance 2009-07 dissolving the DRB
Attachment 2) July 2009 City Council Staff Report
Attachment 3) Chapter 2.30 Creating the DRC
Attachment 4) Section 17.52.050 Establishing the Duties and Powers of the DRB Attachment 5) Chapter 17.58 Laying out Procedures for Design Review by the DRB Attachment 6) City of Monterey ARC Regulations (Articles 5 and 25)
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-7
CONSIDERATION OF AN ORDINANCE REVISING THE MUNICIPAL CODE AND
ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN TO RETURN
DESIGN AND LAND USE RESPONSIBILITIES TOTHE PLANNING COMMISSION WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its village character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide property owners in the protection of the residential character; and
WHEREAS, in Dec 2000 the Municipal Code established the duties and responsibilities of the Planning Conunission and Design Review Board; and WHEREAS, at the mid-year budget meeting in February 2009, staff recommended returning all design and land use responsibilities to the Planning Conunission; and WHEREAS, this ordinance will return all design and land use responsibilities to the Planning Conunission; and
WHEREAS, this ordinance will create more consistency for applicants in design review decisions made by the City and will result in a reduced workload for City staff; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act (15305) as it will not have a significant impact on the environment.
NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt this ordinance with the attached revisions to the Municipal Code and Zoning Code/Local Coastal Implementation Plan.
SEVERABILITY
If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.
Attachment 1
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EFFECTIVE TIME PERIOD
This ordinance shall become effective thirty (30) days after final passage and adoption, or upon certification by the California Coastal Commission, which ever occurs last.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 7th day of July, 2009 by the following roll call vote:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ATTEST:
Heidi fiurch, City Clerk
ROSE; SHARP; TALMAGE; McCLOUD
HAZDOVAC
NONE
SIGNED,
~ ~e--WJ
SUE McCLOUD, MAYOR
Attachment 1
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Attachment "A"
17 .52.060 Duties and Powers of the Planning Commission.
The Planning Commission as the designated planning agency of the City shall have the following power and responsibilities:
A. To develop and maintain a General Plan.
B. To develop specific plans, master plans and area plans as may be necessary or desirable.
C. To periodically, at least once each fiscal year, review the capital improvement program of the City.
D. To determine the consistency of capital improvements projects and programs with the General Plan.
E. To prepare an annual report to the City Council on the status of the General Plan and progress in its application.
F. To interpret the meaning and intent of the City's land use code.
G. To hear and render decisions on appeals of discretionary decisions made by administrative officials.
H. To review environmental impact reports and initial studies.
I. To conduct public hearings, review evidence and determine requests for use permits, variances, lot line adjustments, subdivisions, rezones and Janel use code amendments.
J. To act on design review and design study applications for those 13rojeets iw1ol¥iag islffil!H6e of a laBG use 13ermi1:.
K. To act on projects subject to coastal permit requirements when such projects are within the categories listed above.
L. To review the water management plan annually.
17.52.160 Planning Commission IIHd Design Review Board Procedures.
A. Purpose. It is the purpose of this section to establish uniform minimum procedures to be followed by the Planning Commission and the Design Re>1iew Board for all projects subject to their review. This section shall not preclude the Commission or Board from adopting additional procedures as necessary for the completion of their duties.
B. Permit Issuance - Review of Plans. No building permit, license or other required permit for any structure, site development or land use shall be issued prior to Planning Commission or Design Re•,iew Board approval if any form of Commission or Board review is required for said improvement by this code. The Director shall ensure that development is executed and completed according to the approved plans.
C. Conduct of Meetings. The Planning Commission shall meet at least once each month and may establish a more frequent schedule as needed. Tile Design Re•1ie>.v Board shall meet at least onee eael!. month aBa ma;r establish a more fre'¥1ent sel!.edule as needed. The Commission aBa Board shall keep minutes of all meetings and complete records of all examinations, findings and other official actions, together with a record of all facts pertinent to the cases submitted for their approval.
D. Public Participation. Actions on all applications considered by the Planning Commission 0f the Design Re>,iew Board shall be open to public testimony. Written comments received from the public will be accepted and entered into the written record accompanying each matter considered by the Commission or the Board. The Commission or Board shall consider written and oral testimony insofar as they provide factual information related to the matter before the approval body and the specific criteria established fur review of the application by this title.
E. Decision. Decisions of the Planning Commission aBa the Design Re>,riew Board shall be reached by an affirmative vote of a majority of its members present. A quorum for each approval body shall consist of three members. All Commission and Board decisions shall be based on consideration of the facts presented to it by the applicant, City staff, and members of the public and consideration of all goals, objectives, policies, criteria and standards established in City planning documents and ordinances. Unless otherwise authorized under the municipal code, the Commission and Board shall not have the authority to waive or modify the site Attachment 1
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development requirements of this title or the requirements of any other applicable City ordinances.
F. Reports on Final Actions. All actions approving or denying applications shall be made in writing and shall include all findings necessary to support said action. Approvals shall include all findings required by the sections of the municipal code related to the project being approved. Approvals may be granted in whole or in part, with or without conditions necessary to assure the intent and purpose of all applicable policies, standards and guidelines.
G. Reports and Investigations. Reports and investigations may be required by the Planning Commission er the Design Re•;iew Beare prior to approval of any project. The Commission ana the Design Rt!'liew Beare shall have the authority to request reports or investigations from the City Forester, City Engineer, Public Works Director, Building Official, Director or other department heads or conunissions in writing prior to approval of any project.
H. Appeals. All final actions of the Planning Conunission er the Design Re•;iew Beare may be appealed to the City Council in accordance with Chapter 17.54 CMC, Appeals. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17 .52.170 Time Limits on Approvals and Denials.
All applications approved by City staff, the Planning Conunission, the Design Re,;iew Beare or by the City Council on appeal have a limit on the time that the approval remains valid.
Permits or other approvals granted by these approval bodies or by the Historic Resources Board that are not implemented within these time limits become void.
B. General Limits. Unless otherwise stated on the permit, or indicated as a condition of approval by the approving body, the following time limits shall apply commencing upon the date of action by the City staff, Planning Commission, Design Re¥iew Beare or final City Council action:
1. Commercial design review - 18 months;
2. Commercial business use permit - six months;
3. Other commercial district use permits - 18 months;
4. Variances - 12 months;
5. Signs - three months;
6. Residential design study - 12 months;
7. Residential district use permits - 12 months;
8. Lot line adjustments - six months; and
9. Subdivisions - 24 months.
C. Time Extensions. The Director may grant one extension of a time limit, equal in length to the original time limit for those approvals not subject to a public hearing. Similarly, the Planning Conunission, Design Re¥iew Beare or Historical Preservation Board, as appropriate, may administratively grant one extension for approvals originally subject to a public hearing.
If, since the date of the original approval, the conditions surrounding the original approval have changed, or the General Plan, municipal code or Local Coastal Plan Program has been amended in any manner which causes the approval to be inconsistent with these plans or codes, no time extension or renewal shall be granted for any approval.
CMC 17.54.010 Conclusive Decision - Appeal Period.
C. The findings and actions of the Planning Commission, the Design Re>,iew Beare, and the Forest and Beach Conunission shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council pursuant to CMC 17.54.040(C), Appeals to the City Council or the Coastal Conunission pursuant to CMC 17.54.040(D) and 17 .54.050.
17.54.040 Filing Appeals
C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission, the Design Re>1iew Beare, or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in Attachment 1
the office of the City Clerk within 10 working days following the date of action by the decision-making body and paying the required filing fee as established by City Council resolution.
( 17.54.080 Appeals.
A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director, the City Forester, the Planning Commission, er the Design Review Beare or the Historic Resources Board may be appealed by any aggrieved party.
Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and
17.54.050.
CMC 17.58.020 General Requirements and Responsibilities.
B. Coordination of Review Bodies. For any proposed major alteration affecting an historic resource in the commercial and R-4 districts, the Director shall schedule a review of the project plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior's standards. If the site assessment shows that trees will be affected by the project, the Director shall forward the plans to the City Forester for processing.
Any reviews by the Forest and Beach Commission and/or Historic Resources Board that are required for a project shall occur prior to consideration of the project by the Director, Design RB'1ie•w< Beare or the Planning Commission. The procedures established in Chapter 17 .32 CMC, Historic Preservation, shall be followed if the project would affect a historic resource or if it is unknown whether the property contains a historic resource.
D. Design Review Responsibilities. The Planning Commission shall conduct design review for all non-administrative projects a use peffilit, •;arianee, suaei,,;isieH, let liHe aajustHl.eHt er ether la.£8 1:1se peffflit aBa far all f)rejeots subjeot ta ee.viro11H1eata-l re•;iel+'f. Desiga re1.riew far all ether prajeets shall be eeHSUetee by the Design Review Beare er the Direeter pursuant te the speeifie reEtUirements ef this el!apter. The Director may require the Design Re>tiew Beare er Planning Commission to review for any application that raises new policy issues or presents unusual circumstances not addressed by adopted policies, guidelines, or review criteria.
E. Design Review Standards. When conducting design review the Department, DesigH Review Beare, or the Planning Commission shall use the design guidelines adopted by the City Council as the basis for review. The decision-making entity responsible for design review shall consider the conformance of the application to the standards set forth in and promulgated under this title, and may either approve, deny or modify an application for design review.
However, no modification may be made that is not consistent with any other requirement of this title. Specific zoning standards and criteria are established in each zoning district, overlay district, specific plan area, special district, or community plan area. These shall be coordinated with the guidelines in reviewing projects.
17.58.030 Commercial Design Review.
2. Procedures. Within 30 days of the receipt of a complete application for a commercial administrative permit, the Director shall review the proposed project for compliance with the standards and regulations of the CMC, the Coastal Implementation Plan, General Plan policies, commercial design guidelines, public way improvement design guidelines, and other applicable adopted design criteria. The Director may approve the application if all zoning standards are met and the project is consistent with all design guidelines. The Director shall refer for action by the Planning Commission DesigH RB',ril!'N Beare any application for a project that does not comply with applicable adopted design guidelines and design criteria.
Any proposed storefront remodels/alteration to a structure located within the downtown conservation district shall be reviewed by the Historic Preservation Board. The Director shall deny any application for a commercial track one permit that does not comply with the CMC, the Coastal Implementation Plan or the General Plan/Coastal Land Use Plan.
Attachment 1
B. Commercial District Track Two Design Review. This is a discretionary process for reviewing substantial design changes in commercial zoning districts and the R-4 district. The Planning Commission shall conduct design review under this section. for any prejeet that reEJHifes a use permit, varianoe, er ether land use f)OfHlit. The J>esige. R:e,,iew Raarcl &flail eellffilet Elesign re>riew ef all ether prejeets suejeet te Elesign fe>fiew uncler this seetien.
17.58.040
3.b. Projects that comply with zoning regulations but do not comply with the design objectives or residential design guidelines will be referred to the Planning Commission Design Review BearEl for resolution or shall be redirected into track two.
B. Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. Prejeets that reEIQire a Elemolitien permit, ase pel'Hlit, ·raril!1l6e, or other lanEl ase peFH1it er 61Priren1H6fltal re11iew shall ee re~·ie>,TfeEl ey the Planning Cemmissien. The Design Re11iew BearEl shall take aetien en all ether prejeets that reE}llire traek twe re>1iew. All traek twe prejeets are suejeet te the eeastal Ele11elepment perrnit reqairements ef the eertit-ieEl LCP, anEl a traek twe Elesign staEly appre·,,al shall eenstitate a eeastal Ele>1elepment peanit. All track two projects shall require public notice and a hearing pursuant to CMC 17.52.110, Notice of Public Hearing. b. Design Review BearEl er Planning Commission Review. Within 30 days of receiving a complete application, the Director shall schedule the project for a hearing and review of the design concept plans by the Design Re·riew BearEI er Planning Commission. Public notice shall be provided in compliance with the requirements of CMC 17.52.110, Notice of Public Hearing:
B.i. The Design Re>liew BearEl er Planning Commission shall review the proposed site design, basic massing, and other elements of the design concept for compliance with the City's design concept guidelines and the findings required in CMC 17.64.080, Design Study Approval. At the conclusion of this review the DRB er PC shall either (1) accept the design concept as submitted, (2) provisionally accept the design concept and provide direction to the applicant on plan revisions necessary to achieve compliance with the design guidelines and/or zoning standards, or (3) continue design concept for preparation of a new design concept if it is substantially out of compliance with the zoning standards or the design guidelines. Applicants unwilling to make the revisions directed by the DRB/PC in a provisionally accepted concept design or continued design concept may request denial of the project so that an appeal may be filed. A denial shall not be complete until findings are adopted. ii. Projects involving a historic resource shall require a determination of consistency pursuant to CMC 17.32.140. All project approvals shall be consistent with the Secretary of Interior's Standards for Rehabilitation except as provided in CMC 17.30.010. Following action by the Historic Preservation Board, the project shall be scheduled for design concept and final details review by the Planning Commission er the Design Review BearEI consistent with this chapter.
17.58.060 Findings Required.
A. Authority. The Director, the Design Re,;iew BearEl, Historic Preservation Board, or the Planning Commission as applicable to the project, shall have the authority to approve, approve with modifications and/or conditions, or deny an application for design review based on written findings stating the reasons for the action. Findings shall be based on information in the record.
B. Findings for Design Review Approval. Before approving an application for design review in any district, the Director, the Design Re,;ie,u Beam, Historic Preservation Board, or the Planning Commission shall find that the final design plans:
C. Additional Findings for Design Study Approval. In addition to any other findings required by this code (see CMC 17.64.080, Design Study Approval), the Design Re,;iew BoarEI er Planning Commission shall make all of the following findings before granting design review approval in the R-1 district:
Attachment 1
D. Findings Required for Approval of Deviations from Design Guidelines. In addition to any other findings required by this code, before approving any project in the single-family residential (R-1) district that deviates from the City's applicable adopted design guidelines, the Director, Design &e>riew Boara, Historic Preservation Board, or the Planning Commission shall adopt specific findings based on information in the record to show how the proposed deviation from the design guidelines achieves all of the applicable design objectives of CMC
17.58.010, Purpose and Applicability, as well as, or better than, would be achieved by adherence to the adopted design guidelines. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.58.070 Enforcement.
No building or grading permit shall be issued until the applicant submits a final site plan and building permit plans showing any changes required as a condition of design review approval.
Staff shall review all building permit applications for projects subject to design review for compliance with approved design review plans and any conditions of approval. The Director may refer building permit plans to the Design &e>riew Beam or the Planning Commission for a determination of compliance with conditions of approval. After determining that the site plan and building plans comply with all conditions of approval, the Director shall forward copies of the approved plans to the Building Official. All future development shall comply with the approved building permit plans unless modifications or changes are approved pursuant to the requirements of this code.
Sestions:
CAIC ChapteF J.JO
J:JESIG.\' REllJEW B(}ARJ}
2.30.QlO Bstablishment of Beam.
( 2.3Q.Q2Q Memeership ana Criteria for Aflpoimrnent.
2.3Q.Q3Q ,<\ppointment P-roeess.
2.3Q.Q4Q Termination of Members.
2.30.0§Q Bylaws, Polieies, R-tiles a-nEl Proseaures.
2.3Q.Q6Q Duties, &esponsieilities a-nEl Authority.
2.30.0:J.O Establishment of BoaFEI.
There hereey is ereatea ana establishea the Design &e>,iew Boara for the City of Carmel by the Sea. EOra. 2QQQ 10 § 1, 2QQQ).
2,30.000 l\tleml!eFShip BREI Criteria fuF Appointment.
A. The Design &e>,iev.' Boara shall soasist of fi,,e memeers eaeh of whom shall be appeintea ta serve a fear year toffH:.
B. la establishiag these eriteria for appointment, the City Collll6il seeks to iasare that the Desiga Re-11ie:w :BeaFQ af)f)Sintoos Betk SUfJport aBQ will a8veea-te fer tao onl-1aneemont aflQ prese£¥atiea of Carmel by the Sea as "primarily, essentially a-nEl preaomiHately a resiaential City ... " With this beiHg the City Collll6il's inteRtioa:
1. All members of the Desiga &e11iew Beam shall be resiaents a-nEl eleetors of the City.
2. All memeers, if possiele, shoala share 11ariea baekgrOHnEls a-nEl ei;perieRGe ia arehitestHre, histerieal arehiteerare, Elesiga art, la-naseapiRg er eeRStraetioflfbl¾ilaiag inEll¾stry or &Ry eombiRatiea thereof. EOm. 2QQQ IQ § 1, 2QQQ).
2,30,000 ,"i.ppointmeet Pffeess.
A. Members of the Desiga &e\·iew Beara shall be appointea iR aseemaaee with City CoaRGil poliey a8opte8 by reseklaoe. af tao Ceaneil.
B. Terms of memeers shall be staggerea so that RO more than two terms shall ei;pire ia &Ry eoo year. Appointments shall be, where possiele, maae prior ta the begiRning of the term of effiee iR omer that the oow memberEs) shall be able to besome familiar with the fuRGtioRS of Attachment 1
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the BeaFd pfieF ts being seated. Teffils ef effiee KIF aew membefS shall begiR at the eemmeaeemem: sf the fiFst regular meetiag ifl the meath ef OetebeF ef the apprepriate year.
Teffils sf effiee fer 0atg0ing members shall eHEi simaltaaeeusly. The ae•.vly appeifl.ted membeFs shall be sweFH ia by the City CleFk. EOrd. 2,QQQ lQ § 1, 2,QQ~.
2.39.949 Tem1inati0n ef l\lleml!eFS.
A member sf the Desiga Re•ril!'.v Beard shall be teffilmated eHly ander the fellewiag eireamstal1€es:
A .. The meHJ:Ber eeases ta be a resideat er a:H eleetar sf tao City. ll. The memBer is iU er aesem fFom tao City aft0 uaable to atteREI. tJ.:n:ee eenseeutive regular 13oaffi meetings, Bat fails to so H0tify either tao Chaiff)erson, ,7iee Chaiff)erson, or tlte Direeter sf the Departml:!ft1: ef C011111R1Hity P-laHniRg aHd Baildiag.
C. The member, v/Rea aeitl½er iU aor &Bsont from tao City, fails to a-tteeEl three e0F1SeeatP1e regular Beard meetings.
D. The member is terminated by a majerity •rate ef the City Ceaaeil. EOrd. 2,QQQ lQ § 1, 2,QQQ•.
2.39.9§'9 Bylaws, l!elieies, Rules and l!FeeedaFes.
The Design Rl!'lil!'N Beard shall adept er maifl.tain bylaws, pelieies, mies aaa preeedafes geverniag parliameatary aetieas. The bylaws shall be filed with the City Clerk. EOrd. 2,QQQ lQ § 1, 2,QQQ•.
2.39.9(i9 I>uties, Responsibilities and A-utkomy.
The Desiga Review Beard shall hwre the duties defiaed in CMC Title 17 aHd is Klffiled generally ts Fl!'liew Fesideatial, eemmeFeial aaa pablie weFks projeets iwrnlviag eenstrnetiea of ae\v EP.ve1Hags, S1:18s-taBtial alteFatioas aHQ pr0jeets tJ½at Ela aot E}HaJify fer a8:miBistFative reYie:w aft8 do aot ia¥ol¥o lanEl ase or Yaria.-Hees. ~OrEl. 2000 lQ § 1, 200~.
CMC 17.10.030.A
1. Detached Garages and Carports. To encourage variety and diversity in neighborhood design, detached garages and carports may be authorized by the Planning Commission eF-the Desiga Review Beard within rear yard setbacks or front or side yard setbacks facing a street, subject to the following standards:
a. Front or Side Yard Setback Facing a Street. The Desiga Review Beard eF Planning Commission may authorize a single-car, detached garage or carport not exceeding 12 feet in width, 250 square feet in floor area and 15 feet in height in either the front yard setback or a side yard setback facing a street (but not both) if:
i. At least 50 percent of the adjacent right-of-way is landscaped or preserved in a natural and forested condition to compensate for the loss of open space; ii. The proposed setback encroachment would not impact significant or moderately significant trees;
iii. Free and safe movement of pedestrians and vehicles in adjacent rights-of-way is protected; iv. All development on site will be in scale with adjacent properties and the neighborhood context consistent with adopted design guidelines; and
v. Placement of the garage or carport in the setback will add diversity to the neighborhood streetscape.
b. Interior Side Yard Setback and/or Rear Setback. Detached garages may encroach into an interior side yard setback, rear yard setbacks, or both, if limited to 15 feet in height, the setback encroachment would not impact significant or moderately significant trees, and the garage location/ design complies with design guidelines.
Attachment 1
Table 17.10-G: Maximum Track One Fence and Wall Heights Setback Location
Design Element Front Side Side Setback Facing Rear
Setback Setback Street Setback
Fence 4 feet* 6 feet 4 feet* 6 feet
Garden Wall 3 feet* 6 feet 3 feet* 6 feet
Retaining Wall 3 feet** 6 feet 3 feet** 6 feet
Pillars and 6 feet NIA 6 feet NIA Gates
Arbor/Trellis 7 feet 7 feet 7 feet 7 feet
* These limits shall not be altered through Design Review by the Design Re•;iev,r "BoafEi of Planning Commission.
CMC 17.30.010 Demolition or Rebuilding of Buildings.
Except when required for the emergency protection of public health or safety as determined by the City Administrator in consultation with the Building Official, no permit authorizing the demolition of any building within any district shall be issued until reviewed by the Planning Commission Of Design Rtwiew "Boafe in accordance with the findings established in CMC 17 .64.070, Demolition and Conversion of Residential Structures (if applicable). No permit for demolition shall be approved without the concurrent review and approval of replacement construction for the site. If the structure or site is identified as an historic resource, the demolition is prohibited except when approved by the Historic Resources Board and the Planning Commission consistent with the findings established in CMC 17 .64.050. All related land use, design review and environmental review approvals and the processes established in Chapter 17 .32 CMC, Historic Preservation, also shall be followed. The demolition or relocation of any structure shall require a coastal development permit. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
CMC 17.40.010
C. Prohibit all signs not expressly permitted by this chapter unless authorized by specific action of the Planning Commission Design Review "Beam. Prohibited signs and displays include those which are visible from exterior areas accessible to pedestrians and which are flashing, self-illuminated, neon, phosphorescent, glossy, incorporate internal lights or movement or that include strings of small lights around doors or windows. Also prohibited are exterior signs, displays or other installations that include balloons, streamers, or other noticeattracting appendages. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.40.020
B. Planning Commission Approval. Signs which, in the opinion of the Director, require exception from the standards described in this chapter shall be reviewed by the Planning Commission Design R:El'Jiew "Boafe. The Planning Commission Design Re'Jiew "Beam also shall review all business signs painted, etched or otherwise applied to glass, all signs made of plastics, fabric or imitation wood and all signs of architectural, cultural, and historical significance. The Commission Bellffl may grant exceptions only to the number, location and design of business signs. The following criteria must be satisfied to grant the exception:
1 , C. No Permit Required .. The following signs on private property do not require a permit if they meet the purpose, objectives, and standards in this chapter as determined by the Director:
Attachment 1
interior signs, alarm system identification signs, house/occupant name, no soliciting/no handbills, garage/rummage/estate sale, home business, public information signs (exit, restroom, elevator, etc.) and a variety of temporary signs as identified in this chapter. Signs which, in the opinion of the Director, are out of the ordinary or which do not meet the purpose, objectives and standards of this chapter shall be removed or referred to the Planning Commission Desiga Re,;ie¥/ BeaFa for review.
CMC 17.48.080.A
4. Tree Quality. Replacement trees shall be of substantial size, caliper, and height to produce an immediate visual impact and reduce the incidence of unauthorized removal. Replacement trees shall be a minimum 24-inch box size except for Monterey Pines which shall be a minimum 15-gallon size. Larger sizes may be required by the Forest and Beach Commission, or the Planning Commission eF the Desiga Re>1iew Beam based in specific design considerations applicable to the project. The City Forester may authorize the use of smaller sizes when trees meeting these standards, or meeting specific conditions of approval, are unavailable.
Cl\iC 17.&2.0SO l>aties aad PeweFS ef the l>esiga Re¥iew BeaFd, The Desiga Re>1iew BeaFa shall H1P1e the fellewiBg ffilties aaa Fespensieil.ities:
A ... To eonduet frt¼blie hoariags, revio1ll 01;ideaee ans aet ea ):l@rmit QfJplieatioas flOt reserved to the Planaiag Cemmissiea, HisteFis &eseUFees BeaFa eF te the DiFeeteF.
B. Te aet ea eemmeFeial aistFiet aesiga Fe¥i0¥1 !lflfllisatieas oot i1weJ..,1iag aay laoo use fJOFIBit fJUFsuaBt te CMG 17.58.030, CemmeFsial Desiga Re•1ie>.v.
C. Te aet ea Fesiaeatial aesiga stuaies feF fJFejeets oot il:P,•el•;iag aay laoo use fJeFIBit fJUFsuaat te CMG 17.58.040, Resweatial Desiga Re>1iew.
D. Te aet ea f!Fejeets suejest te seastal fJeFIBit FeEtUiFemeBts fJUFsuaBt te Ch!lf)ter ~ CMG, Desiga Re•.'iew, whea sueh f!Fejeets aFe withia the eategeFies listea abe•;e. €OFa. 2004 02 § 1, 2004; Ora. 2004 01 § 1, 2004).
Attachment 1
(
CERTIFICATION OF ORDINANCE
I, HEIDI BURCH, the undersigned City Clerk of the City of Carmel-by-the-Sea, California, do hereby certify that the foregoing is a true and correct copy of Ordinance 2009-07 which was adopted on second reading on the ih day of July, 2009 and published in the Pine Cone on July 10, 2009 pursuant to the laws of the State of California and the City of Carmel-by-the-Sea.
DATED this 10th day of July, 2009.
d'Burch, City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE TO REVISE
THE MUNICIPAL CODE AND ZONING
ORDINANCE/LOCAL COASTAL IMPLEMENTATION
PLAN RETURNING ALL DESIGN AND LAND USE
RESPONSIBILITIES TO THE PLANNING
COMMISSION (SECOND READING)
RECOMMENDATION
Adopt the attached ordinance that revises relevant sections of the Municipal Code.
BACKGROUND
Carmel Municipal Code (CMC) chapter 17.52.060 establishes the duties and powers of the Planning Commission while CMC chapter 17.52.050 establishes the duties and powers of the Design Review Board that was established in December 2000. The Board’s role is limited to the review of design applications not involving other land use permits (i.e. variances, conditional use permits, subdivisions, etc). Prior to 2001, there was only a Planning Commission. The attached ordinance would return all responsibilities to the Planning Commission.
The Design Review Board is referenced throughout the zoning ordinance. The attached ordinance includes strikeouts where the Board is listed and includes some new text, shown in underline, to clarify the duties of the Planning Commission.
This ordinance will require a Local Coastal Program amendment by the California Coastal Commission.
Attachment 2
STAFF REVIEW
At the Special February 4, 2009 City Council meeting on the mid-year budget, the City Administrator recommended returning all land use and design responsibilities to the Planning Commission. Following are some of the reasons for this recommendation:
1. Changing demographics: Carmel does not have the qualified applicant pool that it once enjoyed due to the high number of second home owners and our sizable retired community. There are three positions on both the Planning Commission and the Design Review Board that expire this October -- a total of six. One Commission member has already moved from the area and two others have indicated their desire to “retire”.
Some whose terms expire may wish to be reappointed. If not, Carmel-bythe-Sea faces a virtually impossible task of finding qualified candidates who must be Carmel-by-the-Sea residents and voters. Keeping Carmel “Carmel” depends on the application and understanding of both our Design Guidelines and codes. Openings for this year’s Boards and Commissions have been posted since the first of the year.
2. Reduced staff workload: An additional benefit is a reduced workload for the four-member staff (two of whom are planners), as it will have one fewer Board to manage. The Planning staff currently is responsible for the regular and special meetings of the Planning Commission, Design Review Board, Historic Resources Board and the Forest and Beach Commission, which amounts to preparing for a minimum of one meeting per week.
3. Consistency: This ordinance will simplify the design review process by creating a single decision-making body, as existed before 2001. This also will ensure consistency for applicants in how the City interprets and applies its design guidelines and criteria. There had been talk about the need for a joint meeting of the two bodies, as there has been inconsistency on design decisions: e.g. design elements such as mass and bulk, windows and skylights, to name a few.
4. Decrease in revenue from Building Permits and Fees: Annual revenues in the past few years were in excess of $300,000. Since the decrease in construction, revenues and related fees have fallen approximately 40%.
Spec projects are not being built and projects are smaller and simpler.
For the above reasons, staff recommends adoption of this ordinance.
Attachment 2
Attachment 2
Attachment 3
Attachment 4
Attachment 4
Carmel-by-the-Sea Municipal Code
Sections:
Chapter 17.58
DESIGN REVIEW1
17.58.010 Purpose and Applicability.
17.58.020 General Requirements and
Responsibilities.
17.58.030 Commercial Design Review.
17.58.040 Residential Design Review.
17.58.050 Conditions of Approval.
17.58.060 Findings Required.
17.58.070 Enforcement.
17.58.010 Purpose and ApplicabiJity.
A. Purpose. This chapter establishes objectives,
standards, and procedures for conducting design
review. The intent of these regulations is to promote and maintain the City's special character as a residential village with a compact development
pattern that respects and has been strongly influenced by the natural setting and is typified by a visually rich and creative mix of architectural
styles. Design review is intended to encourage
originality, flexibility, and diversity in design and
preserve and enhance the community's existing
forest character while preventing unnecessary
delays in project approval. More specifically, the
design review process is intended-to:
1. Promote design that maintains the City's
intimate and human scale and complements, rather
than overrides, natural constraints;
2. Ensure that the design of new homes, residential additions, and exterior alterations preserves the traditional characteristics of scale, good site design, and sensitivity to neighboring properties;
3. Encourage the construction of residences
that are diverse and innovative in design yet compatible with the City's forest setting as well as the site design and materials used in surrounding structures;
4. Promote residential design that respects
the privacy, solar, access, and private views of
neighboring properties;
5. Maintain a tradition of architectural
diversity that enhances the character of the commercial district and adds a lively sense of history to Carmel's village ambiance by promoting commerJ. Prior legislation: Code 1975 § 1322, Ords. 159 C.S., 296 C.S., 328 C.S., 83-25, 85-18. 86-3, 90-8, 92-20, 98-13, 2001-03, 2001-09, 2002-10 and 2003-01.
17-199
17.58.020
cial building design that respect these traditions;
and
6. Encourage originality and invention so
long as the results encompass the unifying values
of human scale and the use of natural materials and
their role in preserving village character and avoid
out-of-scale or bizarre building forms or incompatible design.
B. Applicability. Design review is required for
(1) specified physical improvements as established
throughout this title, (2) new site development as
defined in Chapter 17.70 CMC,"and any substantial
alterations, rebuilding, rehabilitation, new construction, exterior alterations, additions, signs, exterior lighting and landscaping associated with
such construction, alterations or additions set forth
in this title. (Ord. 2004-02 § 1, 2004; Ord. 2004-01
§ I, 2004).
17.58.020 General Requirements and
ResponsibiJities.
A. Submittal Standards. The Department of
Community Planning and Building (the Department) shall establish uniform submittal requirements to enable a full understanding of each project, facilitate review and provide consistency
in information for decision-making. Applications
for projects subject to design review shall include
such information as may be required by the Director. Such information may include, but is not limited to, site plans, floor plans, building sections, exterior elevations, photographs of the subject or
abutting properties, perspective or axonometric
drawings and/or a model, description of building
materials, material and/color samples, exterior
lighting, fence plans, sign, drainage plans, landscaping and irrigation plans. Applications requiring design review shall be subject to a fee schedule as established by resolution of the City Council.
B. Coordination of Review Bodies. For any
proposed major alteration affecting an historic
resource in the commercial and R-4 districts, the
Director shall schedule a review of the project
plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior's standards. If the site assessment shows that trees will be affected by the project, the Director
shall forward the plans to the City Forester for processing.
Any reviews by the Forest and Beach Commission and/or Historic Resources Board that are required for a project shall occur prior to consideration of the project by the Director, Design Review (Revised 12/04)
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
§ 2-5.00.
§ 2-5.01.
ARTICLE 5.
ARCHITECTURAL REVIEW COMMITTEE
Sections:
Architectural Review Committee.
Special powers and duties.
(Ord. 3646 § 4, 2022; Ord. 3599 § 5, 2019; Ord. 3572 §§ 2, 3, 2017. Formerly 4) Sec. 2-5.00. Architectural Review Committee.
The Architectural Review Committee shall consist of seven members. At least one of the members shall be an architect or person professionally competent in a field related to architecture, unless no such person is available for appointment when the vacancy arises. (Ord. 3646 § 4, 2022; Ord. 3599 § 5, 2019. Formerly 2-4.00) Sec. 2-5.01. Special powers and duties.
The Architectural Review Committee shall be empowered to:
a. Review projects to ensure the promotion of orderly development, ensure high quality design that is harmonious with project surroundings, implement the General Plan as well as neighborhood plans, and to preserve and promote the visual character of the City.
b. Review and oversee minimum submittal requirements for administering architectural review. (Ord. 3646 § 4, 2022; Ord. 3599 § 5, 2019. Formerly 2-4.01)
§ 38-187.
§ 38-188.
§ 38-189.
§ 38-190.
§ 38-191.
§ 38-192.
ARTICLE 25.
ARCHITECTURAL REVIEW
Sections:
Purpose.
Applicability.
Review Procedures.
Submittal Requirements.
Required Findings for Approval.
Maintenance, Duration and Extension, Appeals.
Your Selections | Monterey City Code Page 1 of 5
The Monterey City Code is current through Ordinance 3659, passed March 21, 2023.
Attachment 6
(Ord. 3458, 2010)
Sec. 38-187. Purpose.
The purpose of architectural review is to promote orderly development, to ensure high quality design that is harmonious with its surroundings, to implement the General Plan, as well as area or neighborhood plans, and to preserve and promote the visual character of the City. (Ord. 3458 § 1, 2010) Sec. 38-188. Applicability.
A. Architectural review is required for the following projects:
1. New construction or exterior alterations in the C-1, C-2, C-3, CO, CR, VAF, I-R, O, or P zoning district;
2. New construction or exterior alterations in any R-E, R-1, R-2, or R-3 zoning district with a D-1 (Design Control) or D-2 (Design and Development Control) overlay;
3. New construction of, or exterior alterations to, a nonresidential building or site in an R-1, R-2, or R-3 zoning district, including multifamily apartment buildings;
4. New construction of a two-story single-family dwelling or a second-story addition to a single-family dwelling in any residential zone;
5. Any other project subject to architectural review, as established by Planning Commission or City Council action, or as stated in the Municipal Code, General Plan, area or neighborhood plan, or any other adopted land use document.
B. The following projects are exempt from architectural review:
1. Building or site maintenance;
2. Painting of single-family residential buildings;
3. Painting of nonresidential buildings, including multifamily apartment buildings, in the same or similar color;
4. Repair or replacement of windows, siding, roofs, or other building material, when same or similar materials are used;
5. Replacement of individual plants, shrubs or trees with comparable types and quantity;
6. Reconstruction of features, in kind, that does not change the physical appearance; Your Selections | Monterey City Code Page 2 of 5
The Monterey City Code is current through Ordinance 3659, passed March 21, 2023.
Attachment 6
7. Exterior alterations that are not visible beyond the property lines, from an adjacent parcel, or from a public right-of-way;
8. Projects approved by the Historic Preservation Commission, unless specifically delegated. (Ord. 3458 § 1, 2010)
Sec. 38-189. Review Procedures.
A. Two Phases of Review.Applications for architectural review shall be subject to the following review types:
1. Preliminary Review.An evaluation of the project’s general siting, form, mass and architectural style.
2. Final Review.An evaluation of the project’s exterior finishes, colors, materials, landscaping, lighting, fencing and any other exterior feature.
B. Minor and Major Architectural Review.The Architectural Review Committee shall adopt and maintain a list of project types that are eligible for either minor or major architectural review. Minor and major architectural review shall be conducted as follows:
1. Major architectural review shall be conducted by the Architectural Review Committee at a public meeting.
2. Minor architectural review shall be conducted administratively by the City Manager or designee. The following process shall apply to all administrative reviews:
a. Pre-Decision Referral.At the specific request of any interested party or at their discretion, City staff shall refer any project to the Architectural Review Committee for consideration prior to administrative decision.
b. Post-Decision Referral.If specifically requested by any interested party within 10 days of an administrative decision, a project shall be referred to the Architectural Review Committee for consideration. These proceedings shall not be considered an appeal, but a formal referral and standard findings for decision shall apply.
C. Multiple Entitlements.When a project requires architectural review and a use permit, variance, or other review or approval from the Planning Commission, a joint meeting of the Architectural Review Committee and Planning Commission may be convened at the discretion of the City Manager or designee. The purpose of these joint meetings is to foster discussion about the project as a whole, and help both boards make more informed decisions. In the course of these joint meetings, requested entitlements shall be considered individually by the Planning Commission or the Architectural Review Committee, as appropriate, and separate actions, findings, and conditions of approval shall be made and assigned for each considered entitlement. The Planning Commission shall take all actions prior to the Architectural Review Committee.
Your Selections | Monterey City Code Page 3 of 5
The Monterey City Code is current through Ordinance 3659, passed March 21, 2023.
Attachment 6
D. Noticing Requirements.When an application for architectural review includes construction of a new building, an increase in height, or addition of floor area, written notices shall be sent by U.S. Mail at least 10 days prior to the public meeting or administrative decision to all owners of property located within 100 feet of the perimeter of the project site. In addition, story poles and netting shall be installed at least 10 days before the public meeting or administrative decision for the following project types:
1. Construction greater than one story;
2. Projects that involve an increase in height; or
3. As directed by the Architectural Review Committee, Planning Commission or City Council.
4. If safety concerns or other issues preclude installation of story poles and netting, alternative means of illustrating a project may be used at the discretion of the City Manager or designee. Said concerns or issues shall be clearly identified and the alternative means provided in the written notice. (Ord. 3458 § 1, 2010) Sec. 38-190. Submittal Requirements.
Submittal requirements for architectural review applications shall be developed, maintained, and adopted by the Planning, Engineering and Environmental Compliance Division, shall be made available to the public at City Hall, and shall be subject to review and oversight by the Architectural Review Committee on an annual basis, or as requested by the public or the Architectural Review Committee. (Ord. 3458 § 1, 2010) Sec. 38-191. Required Findings for Approval.
The Architectural Review Committee or the City Manager, as applicable, shall make the following written findings for each approval of an architectural review application:
A. Preliminary Review.
1. The proposed siting, form, mass, and architectural style are appropriate for the project site, the immediate area, and the City;
2. The proposed project will not unreasonably impair the views, privacy, or living environment currently enjoyed by other properties in the vicinity;
3. The proposed project is substantially consistent with the Monterey General Plan, as well as all applicable and adopted area or neighborhood plans, design guidelines, or similar documents.
B. Final Review.
1. The proposed exterior finish, colors, materials, landscaping, lighting, fencing, and all other exterior features are appropriate for the project site, the immediate area, and the City; Your Selections | Monterey City Code Page 4 of 5
The Monterey City Code is current through Ordinance 3659, passed March 21, 2023.
Attachment 6
The Monterey City Code is current through Ordinance 3659, passed March 21, 2023.
Disclaimer: The City Clerk’s office has the official version of the Monterey City Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.monterey.org
Code Publishing Company, A General Code Company
2. The proposed project is substantially consistent with the Monterey General Plan, as well as all applicable and adopted area or neighborhood plans, design guidelines, or similar documents.
In the event of a conflict between the General Plan and area or neighborhood plans, the General Plan is the controlling document; however, area or neighborhood plan policies and programs that are more precise but consistent with the General Plan have the same standing as General Plan policies. (Ord. 3458 § 1, 2010) Sec. 38-192. Maintenance, Duration and Extension, Appeals.
A. Construction and Maintenance.The approved project shall be constructed and maintained indefinitely as shown on the approved plans unless a formal request for revision or a subsequent application is approved by the Architectural Review Committee or City Manager, as applicable. Approvals by any other department, division, board, or agency, within the City of Monterey or otherwise, that are inconsistent with the approved conditions shall not be considered to supersede or negate the Architectural Review Committee approval. Failure to maintain the project in its approved condition constitutes a violation of the Municipal Code.
B. Duration and Extension.If a building or grading permit has not been granted, or if a project not requiring a building or grading permit has not been completed within two years of the date of final review approval, or if a complete application for final review is not submitted within two years of the date of preliminary review approval, the approval shall be null and void, unless extended by the Architectural Review Committee or the City Manager or designee, whomever granted the original approval. Requests for extensions shall be made in writing prior to the expiration date.
C. Effective Date and Appeals.Architectural Review Committee decisions shall become effective on the tenth day after the date of a decision, unless appealed by the applicant or other interested party under the provisions of Article 27. (Ord. 3458 § 1, 2010)
Your Selections | Monterey City Code Page 5 of 5
The Monterey City Code is current through Ordinance 3659, passed March 21, 2023.
Attachment 6
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Receive an update on the status of the Design Traditions 1.5 Project RECOMMENDATION:
Receive an update on the status of the Design Traditions 1.5 Project and provide direction to staff.
BACKGROUND/SUMMARY:
Executive Summary
In an effort to keep Council apprised on the progress of Design Traditions 1.5 (DT-1.5), staff is presenting an update on the current status of the project. Most recently, in December of 2022, Council was presented a schedule that targeted adoption hearings in June of 2023. Since then, the project schedule has extended, and adoption hearings are now more likely in late 2023 or possibly early 2024. This report is intended to provide Council with recap of what has been accomplished to date, where the project currently sits, and an overview of the next steps to come.
DT-1.5 Project Update
On March 1, 2022 meeting, City Council approved a professional services agreement with Winter & Company to begin the “Design Traditions 1.5” project (DT-1.5). The moniker of “1.5” was meant to convey that the project’s scope of work was not a complete redo of the existing Design Guidelines, but rather a focused update and refresh of what already existed. As part of their March 1 st action, Council also voted to
establish a Steering Committee to work with staff and the consultant throughout the process, with each Councilmember appointing one community member to this Steering Committee. On April 13, 2022, the Steering Committee held its first meeting to kick off their involvement in the project. On August 29, 2022, the Steering Committee began holding their meetings in public and have continued to do so ever since.
On June 21
st and 22nd
, 2022, interactive workshops were hosted by City Staff and Nore Winter to engage community members through a series of exercises. These workshops helped provide crucial early information from the community about what they wanted to see come out of the Design Traditions 1.5 project. Following these workshops, and with information from an online survey, the public, Steering Committee, and early feedback from the Planning Commission and City Council, the Design Traditions 1.5 (DT-1.5) Strategy Paper was released in September, 2022 (Attachment 1). The Paper was created by Nore Winter to summarize and provide a roadmap for the direction of updates to the City’s Design Guidelines based on the volume of input received. The purpose of laying out this direction before drafting updated Design Guidelines was to ensure that the project team had accurately captured the expectations of the community and other stakeholders for the DT-1.5 Project.
On October 3
rd
, 2022, the City and hosted another community workshop with two main goals: 1) complete a handful of exercises meant to further explore topics addressed at the June workshops, and; 2) Get community feedback on the Strategy Paper to make sure the project is on the right track and in line with what had been learned at the first workshops.
Following the October 3
rd workshop, the DT-1.5 team presented the Strategy Paper to both the Planning Commission (October 12th) and City Council (November 1st) for feedback before beginning draft updates to the Design Guidelines. Overall, both bodies felt the Strategy Paper captured their initial input, and feedback they had heard from the community.
Over the following three months, Winter & Co., in coordination with City Staff, worked on draft updates to the Design Guidelines based on direction laid out in the Strategy Paper. On February 9 th
, 2023, the
package of first draft updates was made available to the Steering Committee and general public for comments. This package included a “Readers Guide” in addition to the Residential and Commercial Guidelines (Attachment 2). The plan was, and still is, to get Steering Committee feedback on the draft, and then conduct another large scale public workshop at the Sunset Center to get feedback from the greater community.
At their March 1
st and 3rd meetings, the Steering Committee provided feedback on the draft guidelines and expressed concern that the draft had not accomplished one of the stated project goals to make the original Guidelines more user friendly and streamlined. These concerns included the overall length, repeated guideline language in different sections, general document organization, and the amount of introductory information needing to be read before the specific numbered guidelines themselves. To address this concern, the Steering Committee embarked on an effort to reorganize the February 9 th Guidelines under
the six “Guiding Principles” which had been previously solidified and incorporated into the February 9 th
draft. During the following three months, over the span of eight (8) meetings, the Steering Committee, with input from community members and staff, has produced what is referred to as “brevity draft” versions of the core Residential and Commercial Design Guidelines. The Residential version of these guideline version of this has been included as Attachment 3. The Commercial version, which follows the same format, is almost completely done but was not able to be finalized prior to this Council update. These brevity drafts take each of the numbered guidelines from the February 9 th draft, and organize them under one of the six
guiding principles. As part of this reorganization, some language from the February 9 th draft guidelines has
also been modified in an effort to clarify and/or amplify intent.
It is important to note that the Steering Committee has only had an opportunity to reorganize the core sections of the Design Guidelines, so these brevity drafts are not intended to be a final product or a completed Design Guideline document. One of the next steps will be for the Steering Committee to discuss how to re-incorporate some of the supplemental information from the February 9 th draft with the
brevity draft versions. For example, sections from the February draft like how to use the Design Guidelines or the defining features of Carmel-by-the-Sea may be placed as an introduction before the reorganized “brevity draft” guidelines. Alternatively, some things like the history of development in the City may be placed in an appendix of the reorganized Design Guidelines. The Steering Committee plans to place these discussions on a very near future agenda.
Next Steps and Project Schedule
In December, 2022, staff presented a milestone schedule to Council. A revised version of that schedule has been included as Attachment 4. Currently, the project is still in the phase of reviewing the 1 st draft
Design Guidelines with the Steering Committee and receiving feedback/revisions (“STEP 6”). Some of the remaining major milestone steps for the DT-1.5 Project include:
Complete Steering Committee review/reorganization of draft Design Guidelines Draft Zoning Code amendments
Conduct a public workshop to get larger community input on draft Design Guidelines and Zoning Code amendments
Bring draft Design Guidelines and Zoning Code amendments with community feedback to Planning Commission and City Council for direction
Prepare revised draft Design Guidelines and Zoning Code Bring final draft Design Guidelines and Zoning Code to Planning Commission and City Council for consideration
When initially presented to Council in early 2022, the DT-1.5 project was targeted for adoption hearings to take place in March/April of 2023. Following the volume and quality of input received from initial public involvement, the schedule was extended with a goal of adoption hearings in June of 2023. At that time, Noré Winter confirmed his availability to support the City’s efforts through June of 2023. However, due to his other commitments and a pending retirement, Noré also stated that it is unlikely he would be able to work with the City past the middle of next year.
Given the time and effort that has gone into this step of the project, adoption hearings in June are not possible anymore. Considering the work that remains to be done, adoption hearings are more likely to take place at the end of 2023 or possibly even in early 2024.
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
Attachment 1) Carmel Design Traditions Project 1.5 Strategy Paper Attachment 2) February 9th Reader’s Guide, Commercial, and Residential Guidelines Attachment 3) Steering Committee Brevity Draft Guidelines - Residential Attachment 4) Updated DT 1.5 Milestone Schedule
Carmel Design Traditions Project 1.5
Strategy Paper
DRAFT
September 20, 2022
Attachment 1
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DRAFT
Attachment 1
Strategy Paper
INTRODUCTION TO THE STRATEGY PAPER
Carmel is engaged in updating its Design Guidelines for its residential areas and the downtown. The guidelines are key tools in shaping the character of the community and are used in the Design Review process that is part of project permitting. This project also includes potential revisions to some zoning code standards that influence design. The existing Design Guidelines were produced as part of the city’s “Design Traditions Project” in 1997 through 2001 and therefore this update is named “Design Traditions 1.5” to indicate that it builds on those materials. This working paper describes the scope of the edits that are proposed to be made to the existing design guidelines and zoning code standards.
Steps in the project
The Design Guidelines project is being conducted in two phases: The first phase is designed to confirm the scope of the amendments to be executed. It includes a review of existing conditions, startup meetings with staff and decision-makers as well as community engagement. It culminates with this Strategy Paper, which sets the direction for the second phase. In the second phase, formal revisions to the documents will be drafted and submitted for public review and then will be considered for adoption by the Planning Commission and City Council.
Structure of the Strategy Paper
This Strategy Paper describes revisions to the Design Guidelines and zoning code that are recommended.
It outlines the general approach to the revisions and provides some examples of specific changes to be made. The material is presented in these sections:
I. Design in Carmel: Its Design Traditions
II. Respecting Carmel’s Design Traditions
III. Current Issues
IV. Summary of key recommendations
V. Strategy for the Downtown Design Guidelines
VI. Strategy for the Residential Design Guidelines
VII. Strategy for zoning code amendments
VIII. Strategy for review process and administration amendments IX. Next steps
How the Strategy Paper was developed
A working team of city planning staff and consultants developed the Strategy Paper, with advice from a project Steering Committee appointed by City Council. The recommendations reflect information collected from many sources. This includes initial study sessions with the City Council and the Planning Commission as well as important information gathered from community outreach and meetings and from other city departments.
In June 2022, members of the community engaged in two workshops in which they conveyed their ideas about community character and the various design variables that influence compatibility. Many participants met at the Sunset Center while others joined online. The first workshop, held on June 21, focused on residential areas. The second workshop occurred the following day and focused on the downtown.
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Previously in 2018 and 2019, a working committee of the Planning Commission developed suggestions for amendments to guidelines and zoning and these also were reviewed. Comments received from individual citizens in letters, emails and phone calls also informed the recommendations. Finally, the city posted an on-line survey in mid-July 2022. More than 350 respondents participated in the survey and that information was analyzed.
How the Strategy Paper will be used
The intent of this paper is to outline potential revisions to the Design Guidelines and zoning code standards. The community will have an opportunity to comment on the recommendations in a forthcoming workshop tentatively scheduled for early October, 2022. The Planning Commission and City Council will then provide direction to the project team about how to proceed with drafting the proposed revisions.
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I. DESIGN IN CARMEL: ITS DESIGN TRADITIONS
The Design Guidelines and standards in Carmel focus on maintaining the community’s unique character which is so highly cherished. Some features are listed below which people have described as part of Carmel’s design traditions and which inform the approach to the revisions. This list will be edited to be included in the introductions to the residential and downtown design guidelines in order to inform the guidelines that then follow.
Some defining characteristics of Carmel
Carmel is a Village in the Forest which is:
NEIGHBORHOOD
Subdued: No one thing is attention-grabbing; a building fits within the context of its block, its neighborhood and the city at large.
Exploratory: There is a sense of discovery along each street. One must experience a block in space and time, by moving along or through it.
Historic: A rich mix of historic and other traditional buildings, representing a range of styles is found throughout the community.
ARCHITECTURE
Genuine: A sense of authenticity is conveyed in natural building materials and design.
In scale: Buildings are human-scaled in their forms, materials and details.
Crafted: Buildings are of high quality and durable. This also is expressed in design details of buildings.
Diverse: There is variety in the range of building styles that fit in with the character of being a Village in the Forest.
Nestled: Buildings fit in with and are subordinate to the forest setting.
LANDSCAPES
Informal: Landscapes contribute to the forest character.
Walkable: Landscapes are pedestrian-scaled and enhance the public realm.
Connected: Properties connect to the public right-of-way with landscape details that extend the forest character. They are not walled off.
DOWNTOWN
Pedestrian-friendly: Buildings are human-scaled with details at the street level that invite exploration.
Open and welcoming: Storefronts, courtyards and landscapes enhance the interplay of indoor and outdoor spaces.
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Factors that may distinguish one neighborhood from another:
While many characteristics of Carmel are “universal” in that they appear throughout the entire village, differences exist among neighborhoods. For example, most residential streets are similar in their forested character but some streets near the Mission are more open. Another example is along Scenic which has its own distinguishing features. Some of the variables that may define different neighborhoods, or “contexts” are listed below. These factors will be edited to be included in an introduction to the Design Guidelines discussing how to consider the context of a project:
1. The amount of light available: This relates to the character of the tree canopy and street widths.
2. The extent of the tree canopy: Most streets are intended to have a sense of enclosure with a healthy tree canopy, but a few were planned to be more open, such as in the Mission area.
3. Street widths: This influences where on-street parking occurs and street edges are treated. Most are of similar widths, but narrower ones exist and others are wider, such as near the Mission.
4. Variations in topography: This may be in the slope of a street itself or of lots, which may occur as “uphill” and “downhill” conditions. This influences the location of garages, how building forms may be stepped on a site and the way in which view opportunities exist.
5. Street layout: Most street are laid out in a grid with informal street edges. A few actually are laid out with curves such as Ridgewood Rd. and a portion of 14th Avenue.
6. The different phases in which the City has developed: Carmel City began in 1888 as a community of approximately 40 blocks. It more than doubled with annexation in 1900 of the Pescadero Canyon area and the Original Carmel-by-the-Sea in 1902. Other lands were added during the 1920s and 1930s until more than 200 blocks were included. The last annexation occurred in 1967. To some extent, differences in the periods of construction appear in the architectural styles found in these areas.
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II. RESPECTING CARMEL’S DESIGN TRADITIONS
While there are many aspects of the character of Carmel that are to be addressed in the Design Guidelines, there are some high level design principles that apply citywide and that set the stage for the Design Guidelines. They are Guiding Principles for respecting Carmel’s Design Traditions which each improvement project should meet. Those principles are listed below. This list will be edited to be included in introductory material to the design guidelines.
1. Maintain a healthy forest character: Plan landscapes in both the public and private realms to sustain the Village in a Forest and restore areas that are in need. The compatibility of many buildings also is improved with more forest-like front yards.
2. Enhance the forest: Provide layers of landscaping (varying plant and tree heights) between the street and each home and use drought-tolerant plants and fire-resistant materials while continuing to convey the forest character.
3. Keep it modest: Design buildings and landscapes to be human-scaled and fit in with their surroundings rather than stick out.
4. Respect historic precedents: Retain traditional buildings that convey the history of the community.
5. Fit with the context: “Remember your neighbors” is an important principle. This varies by neighborhood. Key design factors include:
• Building size (height and width)
• Building form and proportion
• Percentage of solid-to-void (ratio of windows to wall) • Building materials
• Roof form
• Color
• Fit with the topography
6. Pay attention to detail: Convey excellence and authenticity in materials and design. Add value with well-crafted work that is visible to the community and promote the use of natural materials.
7. Encourage a “compatible diversity” in design: Avoid repetition in building designs and site features. Express individuality in subtle ways while respecting surroundings.
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III. CURRENT ISSUES
These are some issues that have been identified and which are addressed in the recommended revisions.
They are grouped into three categories: (1) Design, in terms of the character of the built environment, (2) The Content of the Design Guidelines and standards that regulate design, and (3) Administration, which is the way in which reviewers apply the standards and guidelines in the permitting process.
DESIGN ISSUES
In General:
1. Some recent projects don’t fit in. They don’t respect some of the key design variables that relate to fitting in.
2. How to address diversity in design while maintaining character. Diversity is a part of Carmel’s design traditions, but within limits for fitting in. How can one define the range of diversity that is appropriate?
In Residential areas:
3. There is a question about architectural style: Some feel “modern,” or “contemporary” buildings don’t fit in. Others point to recent projects that do fit. Is style the issue, or is it the deviation from too many key design variables that define Carmel that is the problem (e.g.: Is a new building too visible from the street with a lack of appropriate landscaping)? Or is it a lack of understanding of the key design variables and how to apply them?
4. Erosion of forest character is a concern at the upper and lower canopy levels. This occurs in various places:
• In the Right-of-Way (ROW)
• In front yard landscaping, between the ROW and a house • In landscaping on a site in general
5. Some front yard fences and walls cut off views into yards and weaken the sense of connection with the street.
In the Downtown:
6. Inappropriate mass and scale of some new buildings and additions in the downtown makes them appear too large. Can new buildings that occupy more than one lot fit in while avoiding a sense of false facades? What are the key variables that they must respect to do so?
ISSUES WITH THE DESIGN GUIDELINES DOCUMENTS
In General:
7. More specific “yes and no” examples are needed in the illustrations. This would help users better understand the intent of the guidelines.
8. The documents need to be easier to navigate.
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9. The Design Guidelines documents need better cross-referencing to relevant zoning standards and other regulations.
10. More guidance is needed about design in the Right-of-Way. A limited amount of design guidance is provided in the Design Guidelines documents. Other, more detailed, standards exist in a separate document which is used by Public Works. How are these best coordinated? The Residential Design Guidelines:
11. Many topics are already addressed in the Design Guidelines and yet seem to be overlooked when designs are developed. Is it the lack of clarity or direction in some of the guidelines? Or is it in their application by owners and those reviewing their designs?
12. Some guidelines lack clarity which complicates their interpretation. They sometimes are vague or the language is too passive.
The Downtown Design Guidelines:
13. The commercial guidelines lack sufficient detail to provide clear guidance in decision-making.
They were developed separately from the residential guidelines, have a different format and provide only high-level principles.
14. The current guidelines focus on commercial buildings, but other types are permitted in various zone districts. Multifamily buildings and hotels are examples. How can the guidelines address these?
ISSUES WITH ADMINISTRATION OF DESIGN REVIEW
15. Some people believe that at times the guidelines aren’t followed closely enough during design review. How can predictability in the review process be improved and how can confidence in the system be enhanced?
16. Some changes to projects are made during construction without approval. This is primarily an enforcement issue, but improving clarity in the guidelines could help in determining violations or in making revisions to approved documents.
17. Some people also have suggested that re-establishing a Design Review Board would improve the process.
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IV. SUMMARY OF KEY RECOMMENDATIONS
This section lists at a high-level some key recommendations for improvement which apply across the board in both the residential and commercial zoning areas. To some extent they relate to the issues listed in the preceding section, but not necessarily in a direct one-to-one correlation. More specific recommendations appear in later sections of this Strategy Paper.
Improve the organizational structure of the Design Guidelines to facilitate their use.
Currently there are two books of guidelines for residential areas and a third one for the downtown. These are recommended actions:
1. Combine the two residential Design Guidelines documents into one book. Edit the text as needed and improve illustrations. (See more detailed recommendations that follow.)
2. Develop a separate book for the downtown. This would be a substantial re-write of the existing document. It should address the different building types found in the four zoning districts that exist in the downtown.
3. Add more cross references to other codes and regulations. Some cross references exist and should be updated. Other cross references are needed for newer documents. Referencing the City’s new Climate Action documents is an example.
4. Improve “wayfinding” in the documents. Include a chart in the introductions to help users determine which sections to use and add a more detailed Table of Contents.
5. Add more visual examples of appropriate and inappropriate designs. Use “grids” of images with examples of appropriate and inappropriate design alternatives. Use sketches or computer models, rather than photos, where they would be more effective, such as for illustrating massing of new buildings.
6. Include more narrative text describing how to evaluate “context.”
7. Address Design Guidelines for the ROW. Some brief guidelines addressing the Right-of-Way are in the existing documents. Other guidelines exist in a separate document that is used by Public Works. Include some material in the Design Guidelines that speaks at a “qualitative” level and also reference the existing standards used by Public Works where more prescriptive standards appear. (The Public Works standards also should be updated as a separate project.) DRAFT
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Improve administration of the Design Guidelines and standards.
The objectives for improving administration of the Design Guidelines and standards are: (1) To build confidence in the review process, and (2) To assure informed, consistent decision-making. These are recommended actions:
1. Consider moving some guidelines that address key design variables to the zoning code as standards that clearly require compliance.
2. Re-establish a Design Review Board. In the recent community survey, respondents rated their preference for three alternatives for review and decision making:
• Continue to have the Planning Commission conduct design studies. However, enhance the role of the Planning Commission in design review by providing improved guidelines and standards. Also use a “checklist” in decision-making to assure that the guidelines are wellmet. Many respondents indicate support for this approach. • Alternatively, re-establish a separate Design Review Board that can focus specifically on application of the design guidelines, but have it serve as an advisor to the Planning Commission, which would continue to make the final decisions. Many respondents also indicate support for this approach. (Note that the Historic Resources Board serves in this advisory role for projects in the Downtown Conservation District.) • A third alternative is to re-establish a Design Review Board and have it make the design review decisions. A smaller number of survey respondents support this alternative.
When survey responses to the two variations on the type of Design Review Board are considered in combination, a significant percentage favor some form of Design Review Board. This alternative, along with the first option of continuing with the Planning Commission only, merits further discussion.
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V. STRATEGY FOR THE DOWNTOWN DESIGN GUIDELINES
This section summarizes the approach recommended to update the Design Guidelines for Downtown Carmel. The Downtown actually includes four zone districts: (1) CC - Central Commercial, (2) SC - Service Commercial, (3) RC – Residential and limited commercial, and (4) R-4 Multi-family residential. While the Central Commercial zone district forms the core along Ocean Avenue, the area considered Downtown actually is larger (approximately 20 blocks), with the SC, RC and R-4 zone districts acting as transitions to the single family neighborhoods. The Design Guidelines must consider all of those districts and the related building types that can occur in them.
Re-write the Downtown guidelines, following the format of the residential guidelines.
The focus of the existing Downtown guidelines is on the commercial buildings along Ocean Avenue as a design context. They are brief and don’t address several important topics. For example, they don’t address building types other than traditional commercial structures. Limited Commercial or Multifamily building types that are permitted in some Downtown zone districts are not addressed.
Language in the existing Downtown guidelines should be brought forward as guiding policies on which new, more detailed guidelines will be based. This will assure continuity in policy while providing more clarity and predictability. Also add more graphics, including sketches and photographs, to illustrate the guidelines.
These should show positive and negative examples.
Focus the guidelines on respecting the valued features of Downtown.
The expanded Downtown guidelines should emphasize these principles:
1. Successfully meeting all key design variables, including: building size, ratio of solid to void, materials, roof form, color and proportions
2. Promoting variation in massing and articulation of building form to reduce perceived scale in a manner that is authentic (not a fake series of false fronts)
3. Using high quality materials
4. Incorporating well-crafted, durable details
5. Assuring street level appeal (landscaping, screening mechanical equipment, etc.) and pedestrian scale
6. Enriching the interplay between indoor and outdoor spaces
7. Providing a welcoming sense of discovery along the street DRAFT
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Outline for the Downtown Guidelines
With the focus of the guidelines in mind, a recommended outline for the Downtown Design Guidelines follows. This will be refined at the outset of Phase 2, in which a draft of the guidelines will be produced.
1. Introductory material
a. How to use the guidelines
b. How they are organized, etc.
c. Relationship to other regulations and permitting processes
2. Design character of downtown
a. A description of styles found traditionally in the downtown b. A description of key features which are valued and should be respected in all work in the downtown
3. Key principles that all projects should follow, including… a. Maintain street level interest
b. Maintain the perceived low scale of buildings
c. Encourage use of natural materials
d. Accommodate a diversity of design within a range that is compatible e. Respect the topography
4. Guidelines for all building types
a. Materials
b. Street level interest
c. Awning and canopies
d. Lighting
e. Service areas
f. Utilities and rooftop equipment
5. Guidelines for specific building types
a. Commercial
b. Mixed-use
c. Multifamily
d. Hotel/Motel
e. Limited commercial
f. Single family houses (where permitted in existing zone districts)
6. Landscaping (on both public and private lands)
a. Plant beds
b. Planters
c. Paving (changes in)
d. Trees
7. Outdoor spaces (courtyards and intra-block walkways) a. Design features
b. Relationship to building size
c. Proportions
8. Signs
a. The standards are in the code.
b. The guidelines should focus on character and location of signs.
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c. The illustrations should appear to comply with the code.
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Specific edits that are recommended for the Downtown design guidelines Within the framework of the outline presented above, these are some specific edits, which are in three categories:
Clarify existing guideline text.
In these cases, the general principles exist and remain valid, but need more explanation. Examples include:
1. Enhancing street level interest and a pedestrian orientation
2. Using appropriate high quality building materials, including man-made materials
3. Maintaining traditional scale in new buildings
4. Window design
Illustrate an existing guideline more effectively.
In these cases, better graphics (photographs and sketches) would help in interpreting the guidance.
For example:
1. Show the range of ways to enhance street level interest, including storefronts, display cases, planters and outdoor use areas.
2. Illustrate how a simple variation in building heights of one and two stories for portions of a new building can help maintain the traditional scale of the street.
3. Provide examples of well-crafted, high-quality building details.
Add new Design Guidelines topics.
In this case, new language and illustrations address topics that presently are overlooked. For example, provide guidelines for:
1. Mixed-use buildings with limited commercial buildings
2. Multifamily buildings
3. Single family buildings in downtown districts
4. Landscaping in the public Right-of-Way and in private outdoor spaces DRAFT
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VI. STRATEGY FOR THE RESIDENTIAL DESIGN GUIDELINES
This section summarizes the approach to updating the Design Guidelines for the R-1 residential zones in Carmel.
Refine the existing guidelines as a base for the update.
The existing text remains valid in many ways. Retain most of this language in the update, editing and expanding it as needed to improve clarity and interpretation.
Add new topics that are now important.
For example, a note is needed about how the guidelines apply to potential Accessory Dwelling Units and how State law sets some limits on review. Other topics need further clarification and explanation. For example, guidelines exist about maintaining a “forest” image in front yards, but more detail is needed to explain this topic. Guidance for minimizing fire hazards also should be addressed.
Add a discussion of “context” and how the guidelines should take it into consideration.
The guidelines frequently refer to “context” but there is little explanation of what that means especially with respect to the Village-in-a-Forest concept. There is some recognition that context varies in different parts of the city, but again there is little description of these differences.
Focus the Design Guidelines on key principles.
The refined residential guidelines should emphasize these principles:
1. Maintaining forest character
This is a universal principle, but there are differences in how to apply it based on context.
For example, Scenic Road and some areas near the Carmel Mission are very different from other neighborhoods and specific guidance is needed for such conditions. Also include a definition of the term “forest character” to facilitate interpretation of related guidelines.
2. Respecting diversity in design
People note that diversity in architecture is a part of Carmel’s design traditions (albeit within a range that fits within the forest character.) This needs careful explanation such that blatantly inappropriate designs do not occur. The guidelines should explain how to respect the design variables that relate to fitting in.
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Specific edits (organized by the type of edit)
Clarify existing guideline text.
General principles are embedded in the Concept Phase guidelines, but they need to be more clearly stated. Update the general principles, to include more recent input from the community.
Several guidelines related to specific topics also need clarification. For example:
1. Being subordinate and fitting in
• Explain the concept and include a definition of the term “subordinate.”
2. Views and solar access
• Clarify how view opportunities are to be shared among neighbors.
3. Landscaping in the front yard
• Emphasize how the concept of “layered” planting schemes should apply. • Update specifications related to tree protection.
4. Driveway paving
• Strengthen language related to the use of pervious materials, including interlocking pavers with spacers and driveway strips.
5. Color
• Emphasize the use of muted, earth tones.
• Clarify how white and black color schemes may and may not be appropriate.
6. Building form
• Discuss how simple variations in massing should be applied in ways that appear to be authentic, rather than creating overly-busy forms with superficial wall off-sets. • Step the building with the topography.
7. Synthetic materials
• The guidelines currently say “avoid” synthetic materials. Some new materials, however, can appear to be authentic and are fire-resistant. Expand the discussion of how and when to use them.
8. Use of stone
• Clarify how to use stone as a “base” material with lighter materials above such that it appears to be authentic, rather than a fake veneer.
Illustrate existing guidelines more effectively.
1. Add new photos to address new topics. Examples are:
• Provide examples of windows with good detailing, of various styles. • Also provide examples of alternative driveway paving designs. • Add photos of more recent compatible infill, with an explanation of why they fit in.
2. Add sketches where this is a better tool than a photo. For example:
• Illustrate the concept of “layered” landscaping with additional sketches. • Also illustrate the concept of “balancing” key design variables, especially in building DRAFT
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Add new Design Guidelines topics that are now important. Examples needed for new material are:
1. Converting a garage in front to an ADU (and in code) • Discuss how to determine “compatibility” of an ADU with the main building as provided in state law.
• Also discuss how an existing driveway may be repurposed if a garage is converted into an ADU.
2. Using Carmel stone (or similar) for retaining walls, including those for driveways
3. Designing cool roofs (those intended to reduce heat gain, sometimes of lighter colors)
4. Installing heat pumps
5. Planning rain gardens (planted areas designed to retain rain water runoff)
6. Installing solar panels
Change existing guidance if needed. Some examples:
1. Roof material
The current guidelines encourage the use of wood or composition shingles. Today, these are not recommended for fire resistance. To consider:
• Permit low-profile, painted metal roofs, with the color to be muted. • Permit metal roofs with an aged patina that eliminates glare (but prohibit copper roofs for environmental concerns).
• Permit cool roofs (with considerations of visual impacts).
2. Roof form
The current guidelines state that flat roofs should be used only on smaller, one-story portions of a building. Revisit this guidance. (Note that zoning standards contradict this policy.)
3. Retaining walls
• Strengthen language to promote, or even require, stone as the exposed surface material on retaining walls in the front setback.
• Strongly discourage, or even prevent retaining walls in the ROW, except in extreme unstable slope conditions.
• Strengthen language limiting retaining walls in the front setback that lead to belowgrade garages.
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VII. STRATEGY FOR ZONING CODE AMENDMENTS
Some edits to the zoning code are recommended as part of the Design Traditions Project whereas other revisions to the zoning code are to be addressed in the work program of the planning staff later. Zoning code edits to address in the Design Traditions Project include:
Clarify how the design review process applies to ADUs.
The state law provides for limited and objective review to assure compatibility with the main house on the property. One issue to address is how review may apply when converting a garage that is in front. (Note that a garage that encroaches into the front setback is a special condition approved by the Planning Commission and if a conversion to one of these can occur needs further clarification.) Clarify how paving materials apply to calculating site coverage.
Some paving is needed for functional requirements. Review the standards to assure that the materials are permeable.
Expand standards for fences.
Review the standards for fences to clarify some basic questions: (1) Can a non-conforming fence be replaced in kind, or must a replacement comply with current standards? Also clarify the range of appropriate fence types: Unpainted wood is preferred. Are other materials appropriate? Does this vary by context? For example, where might a white picket fence appropriate? May fire-resistant materials be used? Re-evaluate Volumetric standards.
An important standard is the regulation of the exterior volume of buildings on a property. The intent is to keep building size subordinate in relation to the forest and neighborhood context. Some people have noted that the current formula encourages only a small number of roof pitches, especially on larger buildings and ones that differ from traditions in other key variables, such as materials and windows designs. Others find the calculations too complicated. Consider these alternatives:
1. Continue to use the volumetric system but simplify how it is calculated.
Also adjust the system to encourage various degrees of pitched roofs. The advantage of this approach is that using volumetrics is long-established and an update would be easier to understand and predict the potential outcomes.
2. Change to a bulk plane (building envelope) system.
This system defines a three-dimensional area within which a building may occur. It can have any pitched form, to encourage varied sloped roofs (while potentially permitting appropriately scaled flat roofs). This would require some study to assure that the desired volumes would be permitted.
Applying it to the various sloped site conditions in Carmel also is a challenge to evaluate.
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Strengthen standards for garage encroachment in the front setback.
Criteria for documenting the need for an encroachment exist but are listed as a “high level” in the code, but without detail that would help assure that the required conditions are met. Among the criteria to clarify:
1. Site features that limit other alternatives
2. Topographic constraints
3. Saving a tree, or maintaining other important open space
4. Maintaining variation in building setbacks in a block Strengthen standards for cut & fill.
Not all cut-and-fill work requires Planning Commission approval at present. The current threshold for requiring a PC hearing is removal of 25 cubic yards. Consider reducing the threshold and providing more specific conditions for approval, including how the changes affect front yard character.
Strengthen standards for exterior lighting.
Address how light levels are measured. (New light sources are rated in lumens and Kelvin scales.) Also strengthen requirements for shielding light sources. Also consider incorporating concepts from the International Dark Skies Association
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VIII. STRATEGY FOR REVIEW PROCESS AND ADMINISTRATION AMENDMENTS An objective is to assure that a skilled and well-informed design review body applies the standards and guidelines consistently.
Refine the decision-makers’ role.
Further study these alternatives:
1. Enhance the process for the Planning Commission to continue conducting design review.
The advantage is that design is considered in the context of other planning commission issues.
Improved guidelines and standards would help assure that decisions follow adopted policies.
2. Re-establish a Design Review Board as an advisory body. This provides a focused review but it adds a step in the process. It still retains the PC as the decision-making body.
3. Establish a Design Review Board as the decision-making body. While there would be two steps in permitting, the topics would be separated between the Design Guidelines and the zoning standards. The DRB would determine compliance with the design guidelines and could advise the PC about the appropriateness of any requests for exceptions to zoning standards. Complications may arise when projects needing design approval also require other entitlements that must be granted by the Planning Commission (e.g. Variances).
Provide a review structure which assures all guidelines are adequately met.
Regardless of who reviews and determines compliance, some structural improvements could enhance predictability. These are some recommendations:
1. Identify key guidelines related to compatibility as “priorities” to assure that they are fully met.
2. Use a checklist for review that highlights the priority guidelines. This also would help assure that those guidelines are met.
Provide opportunities for community comment.
In addition to having public comment at a commission hearing, provide for a regular review by the community of the process. Holding a bi-annual review of the system is recommended. This would be a community meeting and also would include an on-line survey.
Assure that the reviewers are skilled in applying design guidelines.
While some board or commission members may be experienced designers themselves, reviewing designs is a skill to be learned. Training in design review should be a regular requirement. Conducting an annual design review training for the board or commission is recommended. Also include annual training for staff.
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IX. NEXT STEPS
Many of the recommendations put forth in this Strategy Paper can be executed directly after public comment and guidance from decision-makers. Others will require further study and discussion.
The Strategy Paper will be reviewed by the community, and some of the recommendations will be discussed in an upcoming public workshop. They also will be discussed in work sessions with the Planning Commission and City Council.
Based on information gained from those meetings, the approach will be adjusted as needed. Drafting of the updates will then begin. When public review drafts of the updates are prepared, they will be presented for discussion in a subsequent public workshop. Revisions to the drafts, based on community input, will follow.
The final drafts will then be introduced for adoption by the Planning Commission and City Council.
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1. Using multiple images
Below is an example of a “grid” of images could be added that illustrate appropriate design solutions for a specific topic. In this case, residential gates are shown. Note that the preceding text is as it exists today, with only a few edits to strengthen language.
THE FOLLOWING IS ONLY AN EXAMPLE
Gates and Arbors
When a fence or low wall is used at the street frontage, the entry is often marked by a gate or arbor. These features should be small and intimate in their proportions and should be an integral part of the overall landscape design. Fences, gates and arbors provide an opportunity to include unique details that reflect a hand-crafted design. Creative design approaches are encouraged when they are subtle and well-integrated with the site. Gates and arbors that appear to be mass produced or machined are inappropriate.
11.6 A gate shall help create a sense of entry and therefore should be distinguishable from the adjoining fence or wall. • Use distinctive design details to express individuality and craftsmanship.
• Gates shall have open or transparent qualities that allow filtered views into the property.
Sample edits to illustrations:
The following pages (pg 20-26) provide examples of potential changes to how illustrations could appear in the updated Guidelines. The intent of these changes would be to make the illustrations easier to see and more useful to readers.
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Appropriate gates (EXAMPLE ONLY)
Inappropriate gates (EXAMPLE ONLY)
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2. Adding color to existing guidelines
In many cases, existing residential guidelines may have some minor edits, both graphically and in text.
An example is included in the following pages. Some potential text edits are shown here. Updates to illustrations include substituting older black-and-white photographs with new color examples and adding color to original sketches. Potential edits could also include "X's" and "Checks" to clearly indicate appropriate designs.
THE FOLLOWING IS ONLY AN EXAMPLE
DRAFT
Attachment 1
Strategy Paper
Inappropriate: Elevating a site to maximize views.
Proposed
building
New fill to elevate a structure
to maximize views
Tree cropped
to open up
view
V I E W
Appropriate: A new building is sited to maintain views from existing houses.
Proposed
house
DRAFT
Attachment 1
Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
6.0 Parking and Access
Traditionally, parking was a subordinate element in Carmel’s residential neighborhoods, both on an individual parcel and along the street in general. Today, providing access for an automobile on a site is often a necessity, and doing so is encouraged, as a means of reducing on-street parking pressures. Nonetheless, it should remain subordinate to the overall character of the site.
Usually a garage was a subordinate element in a site plan and often was detached from the house. The wide variety of garage positions contributed to the diversity of the street scene: Many were located at the front property line, while others were sited in the rear. In later years, the garage was often attached, but remained subordinate to the main mass of the house. These traditions of diversity and subordinate character should be continued.
In some cases, it appears that owners positioned their garages away from prominent views. In particular, they located them uphill, away from downhill views to the ocean. When locating a garage, consider view impacts, the relationship to open space on the lot, and the relationship to that of neighboring properties.
Objectives for this section:
• To minimize the visual impacts of cars on a site
• To minimize the extent of hard, impervious surfaces
• To avoid garage structures that dominate the site and building design
6.1 Facilities for parking shall not dominate the design of the house or site.
• The mass of a garage shall be subordinate to that of the house. • Garages that are subordinate design elements are appropriate. • Garages that are not visible from the street are appropriate. • Garages integrated into the building design are encouraged. • On smaller lots, with a garage visible from the street, provide a single, one-car garage door.
• Avoid moving established driveways if trees or significant vegetation would be harmed.
6.2 Parking facilities that maintain or enhance variety along the street edge are encouraged.
• Consider using a detached garage or carport.
• In some cases, parking facilities may be located in the front setbacks (as a conditional use)
Consider using a carport for variety
along a block.
Add reference to code here
In limited circumstances a garage may
be located under a structure when the
visual impacts will be minimized. This
garage is clearly subordinate to the main
building mass.
4 4
DRAFT
Attachment 1
Strategy Paper
Driveway paving
6.3 Minimize the amount of paved surface area of a driveway. • In general, the width of a driveway should not exceed 9 feet. • Also consider using paving strips, or “tire tracks,” for a driveway. This is especially appropriate for a long drive that runs to the rear of a property.
• Except for corner sites with a “through driveway,” only one curb cut and one driveway should be provided for a site. Sharing a driveway with an adjacent property is an alternative that also may be considered.
• Avoid large expanses of paving for vehicles visible from the street.
6.4 Separate a driveway from a front walkway to reduce the visual impacts of paved surfaces.
• Install plant materials to separate a walk from a driveway.
Garage location
6.5 Position a garage to maximize opportunities for open space, views and privacy.
• Locate a garage to maintain larger contiguous areas of open space on a site.
• Locate a garage to screen activity areas on adjacent properties to enhance privacy.
• Locate a garage to maintain views through the property.
Appropriate
The walkway and drive are
separated, reducing the apparent
amount of paved area.
Inappropriate
A walkway and drive are
combined, increasing the
apparent size of paved area.
Consider using a shared driveway to
minimize the amount of paving area.
4 Position a garage (or carport) to
maximize opportunities for open space,
views and privacy.
4 DRAFT
Attachment 1
Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
6.6 Locate a garage to minimize its visual impacts.
Three options should be considered:
1. Detached, at the rear of the lot.
2. Detached, in front, along the property line is acceptable, when other design traditions objectives are met. This option should not be repeated to excess within a block.
3. Under the house, when other design tradition objectives are met. (See below.)
6.7 In limited circumstances a garage may be located under a structure when the visual impacts will be minimized.
• The garage door should not dominate the front of the house.
It shall not contrast highly with the color or materials of the house. A door perpendicular to the street is best in this condition, and... • The driveway shall not dominate the front yard and may not create a “ramp” effect or introduce tall or massive retaining walls. A sense of a front yard must be maintained.
Inappropriate “ramp” driveway
Placeholder
Preferred: Locating a detached garage at
the rear of the lot
4 Preferred: Orienting the garage door
away from the street.
4 When a garage is located under the house, the driveway should not create a ramp effect. The garage door also should not dominate the front. 4 8
DRAFT
Attachment 1
Attachment 2 included as links:
a) February 9th Reader's Guide:
https://ci.carmel.ca.us/sites/main/files/fileattachments/design_guidelines_readers_guide.pdf?1675985 723
b) February 9th Commercial Guidelines:
https://ci.carmel.ca.us/sites/main/files/fileattachments/carmel_downtown_dgs_public_review_draft_for _distro.pdf?1675984531
c) February 9th Residential Guidelines:
https://ci.carmel.ca.us/sites/main/files/fileattachments/carmel_residential_dgs_public_review_draft_for _distro.pdf?1675984993
Attachment 2
26 MAY 2023 DRAFT
DESIGN TRADITIONS OF CARMEL
RESIDENTIAL DESIGN GUIDELINE CORE
CARMEL BY THE SEA remains beautiful because of the community’s rigorous design expectations. Residential Design Guidelines are a mandated regulatory tool for the R1 and R4 districts that conveys these expectations. They also help explain and illustrate design standards in the City’s other regulations. Existing projects never establish precedent for proposed projects. Instead, all projects must meet or exceed the expectations described by and under the community’s six Core Design Guidelines. Where uncertainty arises, city officials will interpret guideline adherence on a case-by-case basis. Strict adherence to this document and its related, linked regulations will help ensure that a proposed project will meet community expectations and have a smooth approval process.
INTRODUCTIONS p. 00
1.0.0 PRESERVE, restore, and enhance the forest
in all improvement projects: private, public, and otherwise. p. 01
2.0.0 SUBORDINATE every built structure to the character and continuity of the forest, natural environment, and to the natural features of its own site. p. 05
3.0.0 FIT every built structure within its neighborhood context. p. 09
4.0.0 RETAIN and build upon Carmel’s architectural heritage. p. 12
5.0.0 DESIGN every built structure with modesty. p. 15
6.0.0 DETAIL every property authentically and consistently. p. 18
APPENDICES
project review process, required checklist & narratives p. XX additional historical context p. YY preferred building and planting materials p. ZZ illustrated issues p. QQ index p. RR Attachment 3
1.0.0 Preserve, restore, and enhance
the forest in all improvement projects: private, public, and otherwise.
1.1.0 Preserve all existing healthy upper
canopy and lower canopy trees.
1.1.1 Before beginning design work, both the City
Forester and a City Planner review the
required survey prepared by a licensed
surveyor or engineer, which shows existing
site conditions, topography, drainage
features, trees, structures, right-of-way
edges and character, views, privacy issues,
historical evaluations, nonconformities,
neighborhood design contexts, and other
features useful in designing a project. The
City Forester evaluates existing trees on and
immediately adjacent to the project site
including the right-of-way for their significance and condition.
1.1.2 Consult the “Preliminary Site Assessment”
tree survey when designing and locating
new structures and additions to determine
which trees are significant and should be
protected.
1.1.3 The Forest and Beach Commission will
comment on the effects any proposed work
will have on significant trees during project
review.
1.1.4 Provide enough open space on each
building site to both preserve and add
upper and lower canopy trees at sufficient
spacings for growth to maturity.
1.1.5 Locate new construction in accordance with
the Land Use Code to minimize impacts on established trees and avoid pruning of limbs and canopies. Set foundations for buildings
and walls back far enough from the base of
any tree to adequately protect its roots.
Plan curb cuts, paving and drainage systems
to maintain air transport and water
percolation to root systems.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 1 Attachment 3
1.1.6 Protect existing vegetation during
construction to screen buildings, contribute
to the forest character of the street, and
achieve a settled, mature look upon project
completion.
1.1.7 Plan access and site development to protect
trees during construction as provided in the
Land Use Code. Do not alter the grade level near nor excavate into the root zone or drip-line of any healthy mature tree, whether
on or adjacent to the site, including on
abutting properties and in the right-of-way.
1.2.0 Preserve or enhance the informal,
vegetated, open space character of
the right-of-way.
1.2.1 Preserve vegetation and trees, especially
those with canopies over the street, both in
the right-of-way and the periphery of the
site so that the pavement curves around and
emphasizes natural landscape features and
topography, creating the appearance of a
meandering forested lane with occasional
“mini-parks”.
1.2.2 Remove any excess existing paving and
other non-conforming and easily displaced
materials, such as gravel per M.C.
12.24.020.B. Never keep in the right-of-way irrigation equipment or un-permitted paving, gravel, boulders, logs, timbers,
planters, fences, retaining walls, other
above-ground encroachments, or any hardscape that would widen the street or create a parking space.
1.2.4 Maintain the existing character of street
gutters, which is typically a rolled asphalt
curb or, more formally, is a channel faced
with large native rock, but is never just plain
concrete.
1.2.5 To create connectivity with adjacent
properties, leave the right-of-way as an
unpaved, natural forest floor with an
informal edge, consisting of trees, naturally
occurring vegetation, and organic surfaces,
such as pine needles.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 2 Attachment 3
1.2.6 When adding plantings to the right-of-way
use only naturally occurring natives to the
Carmel forest: drought-tolerant and nonirrigated, green foliage, ground covers, or low shrubs, informally arranged. Do not use bedding plants and exotic species in the
public right-of-way.
1.2.7 Do not remove trees or add gravel or other
“hardened” surfaces to provide parking in
the right-of-way, but instead reinforce the
forest image by separating parking spaces
from driveways with plantings and by using
natural soil, or fresh, mini-woodchips as
surface materials.
1.3.0 Preserve and enhance the forested
image of the site.
1.3.1 Do not wall off properties at the front
property lines but instead extend the forest
character of the right-of-way into the visible
parts of the site by keeping a large portion
of each site as open space, with plantings located to filter views of structures. Find maximum limits for hardscape site coverage
in the Carmel Municipal Code.
1.3.2 Preserve and supplement trees, especially
those that arch over the street, and provide
a mix of upper canopy trees for scale and
multi-stemmed lower canopy trees for
screening. The City Forester determines the
mix and the City…regulations cover tree
replacement ratios and species.
1.3.3 Use site plantings that are predominantly
native, drought-tolerant species. and Follow
the Municipal Code for more specific requirements.
1.3.4 Locate plants and ground surfaces in
relaxed, informal arrangements that are
consistent with the urban forest character,
reserving any formal, unnatural
arrangements, bedding plants, or exotic
flowering plants only for small areas out of
public view or small walkway or entry
accents.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 3 Propert
RO Fro
Stre
A
formal
A
informal
l a n d -
s c a p e
arrangem
Attachment 3
1.3.5 For a forest meadow ground cover, use only
informal, no-water varieties kept out of
public view and do not use manicured lawns
or artificial turf.
1.3.6 Projects that involve a new building or substantial alteration require a professional landscape plan, which identifies areas for low-scale plants, shrubbery, and trees for
initial review and shows specific planting
plans for final review. Address the special needs of each species, using, for example, high-water-use plants near redwoods but
not near oaks, paving materials that
minimize tree root impacts, and best
practices for fire mitigation.
1.4.0 Preserve un-altered, pre- development water drainage ways as site amenities.
1.4.1 Minimize stormwater impacts with Low
Impact Development (LID) principles,
including: addressing stormwater close to
the source, installing bio-retention, and
other planted drainage areas, and
using“sand-set” instead of “mortar-set”
paving with pervious paving materials for water percolation and soil aeration.
1.4.2 Enhance water quality with stormwater
management systems that mimic the natural
water cycle, filter stormwater into the
ground and direct flows through vegetative
buffers and rain gardens where plant and
tree uptake can remove pollutants.
1.4.3 Design new on-site stormwater control
devices to appear naturally integrated into
the forest. Use green roofs, retention areas,
or landscaped areas to capture flow and
prevent new runoff toward adjacent
properties per Carmel Municipal Code Section 15.08.230.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 4 Attachment 3
2.0.0 Subordinate every built structure
to the character and continuity
of the forest, natural
environment, and to the natural
features of its own site.
2.1.0 Nestle a building in the trees to
minimize the mass visible from public
view.
2.1.1 Position buildings to avoid cutting into the
canopy of established trees.
2.1.2 Decrease the apparent size of buildings by
building less than the maximum allowable
floor area, using a compact footprint, minimizing large volume spaces (high ceilings or steep pitches across wide spans),
and eliminating large, unused underfloor
areas and extensive cantilevers, especially
over cut areas.
2.1.3 Reduce perceptible building height by
locating some floor area either fully or
partially below grade or at a “garden” level
with any walkout area, light well, retaining
wall, or terrace concealed to the side or
rear. When these locations are not feasible,
provide more screening with other building
elements or landscaping.
2.1.4 Minimize the visual impacts of retaining
walls, garden walls, window wells, and other
foundation structures by incorporating
sloped, planted areas to create a smooth
grade transition. Ensure tall retaining walls,
terracing, or revetments are not visible from
the public way.
2.2.0 Follow the site’s natural contours.
2.2.1 Minimize construction on steep slopes.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 5 Pro Tree
crop
New fill to
Attachment 3
2.2.2 Minimize excavation and fill on a site by
maintaining existing topography and
keeping all grading and excavation
completely within the proposed building
footprint.
2.2.3 Step building height, foundations, and floor
levels to follow site slopes and contours.
When floor levels cannot be stepped, larger underfloor spaces count as part of the allowed floor area.
2.2.4 Avoid abrupt changes in grade within a site
and between adjoining properties. When
such transitions are unavoidable, use
sloped, planted areas. If a stable planted
slope cannot be created, then use multiple
landscaped terraces rather than a single tall
wall.
2.3.0 Subordinate parking facilities to the
house and site.
2.3.1 Minimize the impact of a garage or carport
by: concealing them from the street,
detaching them at the back of the lot or
elsewhere, subsuming them into the
building design, for example by tucking
them underneath, locating them partially
below grade (while avoiding any three-story
appearance), orienting the garage door
away from the street, and, on small lots,
using only a single, one-car garage door.
2.3.2 Use parking facilities to maintain or enhance
variety along the street edge and to
maximize landscaped open space, views,
and privacy. If a detached, one-car garage or carport benefits the overall streetscape, the City may determine that it can encroach
into the front setback. The City does not
allow two-car garages in the front setback.
2.3.3 To maintain forest floor continuity,
established vegetation, and ample front
yard space, keep driveways at grade and
without cuts and fills that would create a
“ramp” effect or require retaining walls
perpendicular to the street.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 6 Attachment 3
2.3.4 Minimize the amount of paved surface area
for a driveway by using organic materials,
“tire track” paving strips, sharing a single
driveway between two adjacent properties,
and/or limiting each site to the required
single curb cut (unless a corner site requires
a “through driveway”).
2.4.0 Design all paved areas to be small,
informal, and intimate.
2.4.1 Reduce widths of asphalt or concrete,
separate a driveway from a front walkway
with plantings, avoid formal or urban paving
treatments, and soften paved edges with
landscaping
2.4.2 Select paving with muted colors and texture
authentic to the material, such as Carmel
stone, granite, cobblestone, brick, asphalt,
natural concrete, gravel, decomposed
granite, and mulch, keeping easily displaced
materials on private property only per M.C.
12.24.020.B.
2.5.0 Blend private landscape with that of
the public right-of-way to make
vegetated spaces appear larger and
to improve continuity with the forest.
2.5.1 Design without a fence or wall along a street
frontage.
2.5.2 Where privacy or enclosure is needed, use
shrubs, hedges, or other vegetation.
2.5.3 If vegetation does not provide sufficient safe
enclosure along a street for children, pets,
or others, install an informal, unfinished,
wood fence, which preserves visual access
into the front yard and at street
intersections, by using open pickets wherein
the size of the spaces are at least equal to
the size of the material.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 7 Attachment 3
2.5.4 When creating an arbor, maintain a narrow,
low, light, and open design, instead of a tall,
wide structure with massive timbers or other
heavy elements that dominate the street.
2.5.5 In rare cases, where a fence is needed but
the predominant building material is stone,
masonry, or stucco, a low garden wall of the
same material and construction may fit into
the site if fully integrated with the
topography and other hardscape and if kept
at four feet or less from grade.
2.5.6 Place front yard enclosures (such as hedges,
fences, or walls) farther back from the front
property lines as they become more solid.
Refer to Maximum Building Envelope information to determine allowable heights and placements.
2.6.0 Preserve the nighttime, “dark-sky”
character of neighborhoods.
2.6.1 Subdue all exterior lights with shielded and
focused fixtures of low lumens and warm
white temperatures, as defined in municipal code. Do not use fluorescent lighting.
2.6.2 Use lights only where needed for safety and
at outdoor activity areas, such as building
entries, gates, terraces, walkways, and
patios.
2.6.3 Do not use floodlights, spotlights, or lights
to accent or uplight buildings, tree
canopies, or other vegetation.
2.6.4 Instead of exposed light sources, locate and
shield fixtures, including string lights, to
eliminate glare and excess illumination onto
neighboring properties and the street.
2.6.5 Size, locate, and shade skylights to
eliminate glare or light pollution visible to
neighbors or to the public. Use skylights
only if interior spaces have no access to
exterior windows, such windows have
limited access to light, or windows would
cause even greater impacts to adjoining
homes.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 8 Attachment 3
3.0.0 Fit every built structure within its
neighborhood context.
3.1.0 Locate open spaces so that they visually link with that of adjacent properties.
3.1.1 Coordinate open spaces in careful response
to other open spaces to have an amplifying
effect and combine them to increase their
apparent size, rather than simply
maintaining required setbacks.
3.1.2 On oversized or combined properties,
maintain the open space character of
Carmel’s typical 4,000sf lot sizes, avoiding
the appearance of a “compound” or
“estate.”
3.1.3 Relate a building’s mass to the context of
other homes nearby. Divide a larger building into forms similar in scale to traditional village houses, placing some mass in a detached secondary structure (garage, guest house, etc.) if necessary to reduce the overall mass of the primary
building.
3.1.4 Stagger front setbacks of homes and
garages to frame outdoor spaces, avoid
uniform alignments, and provide variety in
the arrangement of buildings and open
spaces along the street, unless doing so
prevents a visual aggregation of open space
or endangers significant trees.
3.1.5 Stagger side setbacks with adjacent
properties to avoid the “canyon effect” of a
narrow corridor or tunnel between
buildings. Provide even more open side
yard space when buildings on adjacent
properties are two stories or close to the
joint property line. Refer to the Municipal Code for setback regulations.
3.1.6 Minimize building mass as seen from
adjacent properties by: avoiding long,
uninterrupted wall planes, placing tall
building walls away from the property line
and similar walls on neighboring sites, and
providing greater setbacks for any chimney
directly opposite a neighboring window.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 9 Preferred: Avoid: canyon
show example of 3+ structures
Attachment 3
3.1.7 Preserve access to light between properties.
3.2.0 Preserve views from nearby
properties to natural features.
3.2.1 Locate building volumes to make use of
views but not substantially block views
enjoyed by others, keeping the building height low and the building footprint compact to maintain views over and along sides of properties.
3.2.3 Keep building elements from blocking views
with sensitive placement and sizing, for
example use chimneys with narrow profiles
or minimalist flues.
3.3.0 Organize functions on a site to
preserve reasonable privacy for
adjacent properties.
3.3.1 Screen patios, terraces, and active areas of
adjacent properties through the position of
buildings and the preservation of significant
trees.
3.3.2 Locate and size windows and skylights to
avoid views in or out of neighboring indoor
and outdoor active use areas. Limit windows
to 12sf or less on side walls adjacent to
neighbors.
3.3.3 Locate and screen balconies and decks to
avoid overlooking active indoor and
outdoor use areas of adjacent properties.
3.4.0 Vary the design of a new building
from that of nearby and abutting
properties.
3.4.1 Provide variety in building materials along a
block.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 10 Prop
osed
Attachment 3
3.4.2 When using painted or otherwise coated
surfaces, provide variety in building color
along a block.
3.5.0 Minimize negative impacts to
surrounding properties.
3.5.1 Fully integrate utilities and services,
including gas meters, electrical panels,
water heaters, and trash receptacles, into
the architectural design of the building.
3.5.2 In cases where full architectural integration
is not possible, Eliminate the visual impacts
of utilities by grouping and shielding them
with architectural and landscape elements,
such as cabinets, walls, fences, or plantings, of integrated material and color.
3.5.3 In cases where trash receptacles cannot be
integrated with the building itself…
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 11 Attachment 3
4.0.0 Retain and build upon Carmel’s
established architectural
heritage.
4.1.0 Preserve historic and existing
resources.
4.1.1 Re-use existing buildings and their
components, for example restoring rather
than replacing original windows.
4.1.2 Respect adjacent historic resources by
preserving adequate, light, open space, and
views of and around the structure.
4.1.3 Check zoning standards for related
incentives, such as expedited processing.
4.1.4 Follow additional standards for properties
recognized as having official historic
significance, such as Municipal Code Chapter 17.32 , the Historic Context Statement, and Historic Review Board
consideration.
4.2.0 Continue Carmel’s tradition of
architectural diversity.
4.2.1 To avoid uniformity and the appearance of
speculative development and to promote
individual artistic expression, differentiate a
new building’s plan, massing, and overall
design from that of nearby and abutting
buildings.
4.2.2 When reproducing historic architecture, use
the same materials and craftsmanship as
those of the reproduced period.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 12 Attachment 3
4.2.3 For all architectural languages, use
equivalent materials and craftsmanship as
those of historic architecture.
4.2.4 Do not use designs that resemble those in
speculative or “McMansion” developments
or that present a commercial or industrial
appearance.
4.3.0 Use traditional, natural building
materials.
4.3.1 Use the preferred materials traditionally used in Carmel, such as wood, stone, tile, brick, artistically-crafted concrete, and
stucco for walls, patios, and decking, as well
as wood shingles and shakes, clay, slate,
and concrete tiles for roofs. Use metal roofs
only if they are detailed simply, have narrow
flat panels devoid of corrugations or
striations, use genuine, field-installed,
standing or flat seams, and are unreflective
and either uncoated, like Cor-Ten steel, or
of integrated earth-toned color.
4.3.2 Choose materials that will form a desired
natural patina over time or that can be
maintained in their original condition.
4.3.3 Use materials in their natural conditions,
scales, and colors.
4.3.4 When adding surface treatments, use matte
finishes and muted earth tones, rather than
highly polished treatments such as mirrored
glass or reflective metals.
4.3.5 Apply materials using methods traditional to
Carmel, for example, wood siding in
shingles, horizontal clapboard, or board and
batten, brick in its traditional modular
dimension, or stucco in smooth or lightly
textured finishes.
4.3.6 Use unclad wood, solid metal, or recyclable
aluminum-clad wood windows, doors, and
garage doors, with no vinyl or plastic
elements.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 13 Attachment 3
4.4.0 Use manufactured materials
according to traditional, natural
principles.
4.4.1 Use manufactured materials only if they are
ecologically sensitive: able to form a natural
patina over time, able to be maintained
rather than disposed, able to be fully
dismantled and recycled or reused,
biodegradable, and environmentally nontoxic or beneficial.
4.4.2 Do not use petroleum-based architectural
elements.
4.4.3 Use products that meet or exceed the most
current national or international ecological
building standards (such as certified Cradleto-Cradle) meet Carmel standards for manufactured materials.
4.4.4 Do not use manufactured materials that fake
or mimic natural or other materials in their
textures or finishes, including machinestamped faux woodgrains. Use cast concrete only with non-uniform, handcrafted
patterns such as those provided by genuine
wood formwork.
4.4.5 Apply manufactured materials in a manner
that conveys a traditional human scale.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 14 Attachment 3
5.0.0 Design every built structure with
modesty.
5.1.0 Restrain building forms, materials.
and details.
5.1.1 Design a building consistently, with the
design concept extending to all sides of the
building and with no mixing of architectural
languages.
5.1.2 Keep primary building volumes simple, as
seen traditionally, limiting the number of
subordinate volumes and using basic
rectangular, L-, T-, or U-shaped plans.
5.1.3 Avoid visual complexity, “busy” building
forms, too many different materials,
excessive and overly ornate or ostentatious
details, and materials and details that
contrast strongly within a single building or
with neighboring buildings.
5.1.4 Do not use building elements that are complex, monumental, formal, out-of-scale, or that increase the visual prominence of the building.
5.1.5 Use restraint when introducing variation in
building planes, using building offsets only
for clear purposes such as avoiding tree
limbs or expressing a change of
occupational use within. Do not use small,
purposeless offsets and do not change the
building material or cladding at an offset.
5.1.6 Compose roof forms with just a few, simple
planes with limited subordinate attachments
such as dormers. For example, traditional
gable and hip roofs have basic forms while
mansard roofs and sloping roof “skirts” that
conceal a flat area add too much
complexity.
5.1.7 Subdue the character of the garage by
using a rectilinear form with materials and
colors that do not contrast with the main
buildings.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 15 Simple primary
volume re- mains
apparent.
Appropriate:
Changing roof heights helps to break
up the mass, while keeping the overall roof
formssimple in character.
Attachment 3
5.2.0 Ensure that a building appears to be no more than two stories in height, as viewed from the public right-ofway.
5.2.1 Present one-story heights to the street and
locate two story elements away from the
street, except where this would appear dominant or out of scale when viewed from the public right-of-way or a neighboring
home. Remember that a garage, even
sunken below grade, counts as a story.
5.2.2 Use a low building plate height, generally
not over 8 feet. The maximum plate height
of 12 established in the Land Use Code is
only to accommodate sloping building sites.
5.2.3 Make detached garages one story, one-car,
and small in scale, with the wall plate height
no taller than that of the first-story plate of
the main house.
5.3.0 Convey human scale in a building’s
basic forms.
5.3.1 Organize building mass into realistic
modules to reduce perceived size, breaking
a larger house into subordinate modules
which appear authentic, in that they reflect
real, functioning spaces within, not just
minor offsets meant to create interest.
5.3.2 Do not use design features that produce a
top-heavy appearance such as large
cantilevered building elements, roof forms
that dominate the body of the building, or
wide chimney structures.
5.3.3 Emphasize the low and horizontal so that
buildings appear to hug the ground.
5.3.4 Keep plate heights and roof eave lines low
in scale, tucking upper story rooms under
roof slopes, so as to reduce the height of
exposed walls.
5.3.5 Proportion roof forms to the scale of the
building.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 16 show outline of roof proportions
Attachment 3
5.3.6 Use historic Carmel styles only at their traditional, human scales.
5.4.0 Use building details to provide
interest but not to exaggerate the
scale of a building.
5.4.1 Add details to relieve blank surfaces and
achieve a scale compatible with the
building’s forms and its architecture.
5.4.2 Use all materials, natural or man-made, at
traditional scales, dimensions, and modules.
5.4.3 Use appropriately sized, never oversized,
building elements, such as windows, doors,
entries, chimneys, overhangs, dormers, and
porches to reduce scale, especially as visible
from public view.
5.4.4 Keep visible openings subordinate in scale
to the building. Do not use “grand",
oversized entryways, windows, or doors. When reproducing historic architecture, limit the dimension of any glass to that which was
possible to span using only the original
construction techniques of that era.
5.4.5 Limit the use of specialty windows that add
to building bulk to no more than one visible
from the street. Avoid altogether bay and
oriel windows facing the street if this would
create a repeating pattern within the
context of adjacent structures.
5.5.0 Keep the overall color scheme
muted to blend with the forest
palette.
5.5.1 Limit the use of bright colors, if any, to key
accent features, such as an entry door.
5.5.2 Avoid starkly contrasting color schemes.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 17 Attachment 3
6.0.0 Detail every property
authentically and consistently.
6.1.0 Use building materials and features in a
manner that conveys authenticity.
6.1.1 Convey a sense of true craftsmanship in
architectural details.
6.1.2 Do not use fake, purely decorative building
elements such as dummy chimneys, doors,
windows, or shutters. Size any shutters so
that they would cover their entire window,
whether or not they are in active use.
6.1.3 Do not use materials or details inauthentic
to the architecture or that appear nonstructural, gratuitous, or applied as superficial elements, wall “accents” or
veneers.
6.1.4 On multi-paned windows and doors, use
true dividers that go from inside to outside
between the panes of glass.
6.1.5 Where materials do not simply remain uncoated, finish with a plain, uniform, matte varnish, stain or paint, without faux finishes.
6.1.6 Use details that are true structural elements,
such as natural wood exposed rafter tails,
beams, or stacked stone foundations. If
costs prove prohibitive, simplify the architectural language rather than mimic more costly methods.
6.1.7 Use a “hierarchy” of building materials, with heavier coarser materials below lighter materials.
6.1.8 Whether on a building or a landscape
element, stack stone traditionally so that it
appears, or actually is, structurally loadbearing. Do not “float” stone above lighter materials or use it purely decoratively, such
as framed just around windows or doors, or
randomly clustered on corners, walls, or
chimneys.
6.1.9 Detail new and/or manufactured materials in
ways authentic to their own composition.
For example, carefully plan the woodgrain
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 18 Attachment 3
and modules of formwork for exposed
poured concrete or use cement board
siding with a smooth, untextured surface,
rather than an added, faux woodgrain.
6.2.0 Use building materials or features in
a consistent manner.
6.2.1 Use design details and surface materials
throughout the full exterior of the building.
Do not apply special materials or design
treatments to the street facade only.
6.2.2 Do not stop wall materials at corners,
instead wrap them around the entire
building.
6.2.3 Use only one primary material for building
walls with any additional materials clearly
subordinated.
6.2.4 Make window and door styles, materials,
and finishes uniform throughout a design.
6.3.0 Make architectural details integral
elements of the overall building
design concept.
6.3.1 Use window and door proportions, sizes, styles, and materials accurate for the architectural style of the building.
Traditional historic styles and their
reproductions require small openings, in
keeping with older technologies.
6.3.2 Integrate the primary entrance with the
overall design of the house.
6.3.3 Rather than installing a standard overhead
product, craft a garage door either to provide visual interest, to recede completely into the materials and colors of the building
wall, or orient it so as not to face the street.
6.3.4 Blend any skylights, their size, shape,
placement, number, and framing into the
overall roof and building design. Preserve
the overall roof form by respecting the
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 19 Attachment 3
maximum allowable percentage of skylight area and the minimum allowable distance from eaves. Ensure that skylights do not
appear random, visually prominent to the
neighbors, nor visible to the street. Do not
use high profile, domed, or pyramidal units.
6.3.5 Design a balcony to be subordinate in scale
and proportion to the house, while using
materials and details appropriate to the
overall building design.
6.3.6 Locate and proportion a chimney and its
cap to integrate into the overall building
design. Make a chimney attached to the side of a building appear to be self supporting, not “floating” above the
ground or foundation.
6.3.7 Choose roof materials and installation
details accurate to the architectural style of
the building. Add new energy conservation and generation technologies, including “cool” and planted areas, to roofs only if
subdued in appearance.
6.3.8 Handcraft any fences, using unfinished
grapestakes or wood pickets and not ornate
wrought iron or chain link.
6.3.9 Integrate any garden wall with the building
architecture and materials, using mattefinished native stone, river rock, brick, or plain-textured plastered masonry, not
unfinished concrete or concrete block.
6.3.10 Integrate an arbor into the fence or wall
design, incorporating vines or other
landscaping to blend it into the garden.
6.3.11 Distinguish a gate from the adjoining fence
or wall with crafted or individualized details,
while maintaining filtered views into the
property. Do not use vehicle gates except
on unusually large estate properties.
6.3.12 Never use gate posts or columns that are
monumental or out-of-scale with the
building design, nor stand-alone stone
columns that are not integrated into other
stone elements. Keep posts and columns
the same height as their adjacent fence or
wall.
6.3.13 Use house identification devices, such as
name and number signage, that is
subordinate to and appropriate to the
architecture.
PUBLIC INPUT - FORMAT AND CORE VALUES 26 MAY 2023 DRAFT - 20 Attachment 3
Design Traditions 1.5 Project – Milestone Schedule
Note: “Step” numbers based on project timeline from Winter & Co. Professional Services Agreement Project Phase One: Confirming The Scope Of The Amendments Step 5 – Confirm the Project Direction
COMPLETE - October 4, 2022
o Strategy Paper accepted by City Council
o Project Phase One - COMPLETE
Project Phase Two: “Executing The Updates”
STEP 6 – Develop Draft #1 of Updates to Design Guidelines COMPLETE February, 2023 (Was – December, 2022)
o DELIVERABLE: 1st draft Residential Design Guidelines Update o DELIVERABLE: 1st draft Commercial Design Guidelines Update IN PROCESS (Was - December, 2022/January, 2023)
o Review 1st draft Design Guidelines with Steering Committee o Revisions as needed
Step 7 – Develop Draft #1 of Zoning Amendments
TBD (Was - January 15, 2023)
o DELIVERABLE: Outline for Zoning Code amendments
TBD (Was - January 30, 2023)
o DELIVERABLE: 1st draft Zoning Code update
TBD (Was - February, 2023)
o Review 1st draft Zoning Code with Steering Committee
o Revisions as needed
Step 8 – Present Drafts to the Community
TBD (Was - February, 2023)
o Prepare presentation materials for Community Workshop #3 TBD (Was - March, 2023)
o Community Workshop #3 – present Draft Design Guidelines and Zoning Code for feedback
o Conduct study Sessions with Planning Commission and City Council for final updates Steps 9 and 10 – Develop Draft #2 of Design Guidelines and Zoning Code TBD (Was - April/May, 2023)
o Execute final text and illustration revisions to Guidelines and Zoning Code o DELIVERABLE: Final presentation materials for adoption hearings Step 11 – Implementation
TBD (Was - June, 2023)
o Adoption Hearings
Attachment 4
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
June 6, 2023
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
First Reading of Ordinance 2023-005 to Renew the Carmel Restaurant Improvement District
RECOMMENDATION:
1. Hold a Public Hearing; Request City Attorney to read Title of the Ordinance (Attachment 1).
2. Motion to waive further reading and introduce Ordinance 2023-005 renewing the Carmel Restaurant Improvement District (CRID) for a term of nine (9) years and six (6) months, beginning January 1, 2024 or as soon as possible thereafter, and ending on June 30, 2033 BACKGROUND/SUMMARY:
BACKGROUND
The CRID is a benefit assessment district proposed to continue to help fund marketing and sales promotion efforts for Carmel restaurant businesses. This approach has been used successfully in other destination areas throughout the state to increase sales at assessed restaurant businesses. The renewed CRID includes all full service restaurant businesses, existing and in the future, located within the City boundaries of Carmel-by-the-Sea.
The CRID was initially formed on January 1, 2019 for a five (5) year term. Restaurant business owners decided to pursue renewal of the CRID in order to continue a revenue source devoted to providing sales and marketing services to increase restaurant food and drink sales at assessed restaurant businesses. If renewed, the CRID would generate approximately $240,000 on an annual basis for promotion of Carmel restaurant businesses. The initial “year” of operations will be a partial year consisting of six (6) months, with an anticipated assessment budget of $96,000.
Restaurant Improvement Districts
Restaurant Improvement Districts (RIDs) utilize the efficiencies of private sector operation in the marketbased promotion of restaurants. These special assessment districts allow restaurant business owners to organize their efforts to increase restaurant sales. Restaurant business owners within the RID fund the RID, and those funds are used to provide services that the businesses desire and that benefit the restaurant businesses within the RID.
RID benefits:
Funds cannot be diverted for other government programs
They are customized to fit the needs of each destination They allow for a wide range of services; including: marketing of the destination and assessed businesses, promotion activities and sales lead generation They are designed, created and governed by those who will pay the assessment They provide a stable funding source for restaurant promotion In California, Restaurant Improvement Districts are renewed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between RIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the RID.
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 2) includes the proposed boundary of the CRID, a service plan and budget and a proposed means of governance. The CRID will include all full service restaurant businesses, existing and in the future, within the City boundaries of Carmel-by-the-Sea.
The proposed CRID will have a nine (9) year and six (6) months year life, beginning January 1, 2024 or as soon as possible thereafter, and ending on June 30, 2033. The assessment will be implemented beginning January 1, 2024. Once per year beginning on the anniversary of CRID renewal, there shall be a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the CRID.
The City will be responsible for collecting the assessment on a quarterly basis from each assessed restaurant business located in the CRID boundaries. The City shall forward the assessments to Visit Carmel, which will have the responsibility of managing CRID programs as provided in this Management District Plan. The City shall retain a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration.
CRID RENEWAL PROCESS
May 2, 2023 RESOLUTION OF INTENTION MEETING
(Completed)
Upon the submission of a written petition, signed by the restaurant business owners in the renewed CRID who will pay more than fifty percent (50%) of the assessments
proposed to be levied, the City Council may initiate
proceedings to renew the CRID by the adoption of a
resolution expressing its intention to renew the CRID.
Petition Status: Petitions in favor of CRID renewal were submitted which represent over 50% of the total CRID
assessment. This majority petition allows the Council to initiate proceedings for CRID renewal at the May 2, 2023 meeting.
May 22, 2023 NOTICE (Completed)
The Property and Business Improvement District Law of
1994 requires the City mail written notice to the owners of all businesses proposed to be within the CRID. Mailing the
notice begins a mandatory forty-five (45) day period in which owners may protest CRID renewal.
June 6, 2023 INTRODUCTION/FIRST READING OF ORDINANCE
Allow public testimony on the renewal of the CRID and levy of assessments. No City Council action required.
At the public meeting, the City Council shall introduce and conduct the first reading of the ordinance renewing the CRID and levying the assessment.
July 11, 2023 FINAL PUBLIC HEARING AND SECOND
READING/ADOPTION OF THE ORDINANCE
If written protests are received from the owners of restaurant businesses in the proposed renewed CRID which will pay
more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the City Council.
If the City Council, following the public hearing, decides to renew the proposed CRID, the City Council shall adopt a resolution of formation.
Following a successful public hearing and first reading of the ordinance, the City Council shall convene to hold a second reading of the ordinance renewing the CRID and levying the assessment. Upon successful passage of the ordinance, the CRID shall be renewed, and the ordinance shall go into
effect thirty (30) days after successful passage of the ordinance.
ALTERNATIVES
The Council could choose not to hold the public meeting and introduce the Ordinance to renew the CRID.
Staff does not recommend this option.
FISCAL IMPACT:
None immediately. The City will retain a fee of two percent (2%) of the amount collected to cover its costs of administration. Because the district programs are intended to increase commerce in the City, there may be an increase in sales tax collections.
PRIOR CITY COUNCIL ACTION:
On May 2, 2023, Council adopted Resolution 2023-050, the Resolution of Intention to renew the CRID and initiate proceedings.
ATTACHMENTS:
Attachment 1) Draft Ordinance 2023-005
Attachment 2) CRID Management District Plan 2024-2033 (Redline)
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2023-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RENEWING THE CARMEL RESTAURANT IMPROVEMENT DISTRICT (CRID) FOR A TERM OF NINE (9) YEARS AND SIX (6) MONTHS, BEGINNING JANUARY 1, 2024 OR AS SOON AS POSSIBLE THEREAFTER, AND ENDING ON JUNE 30, 2033
WHEREAS, the City of Carmel-by-the-Sea created the Carmel Restaurant Improvement District (CRID) for a five (5) year term by Resolution No. 2018-107; and WHEREAS, the initial five (5) year term of the CRID ends on December 31, 2023; and WHEREAS, full service restaurant businesses who will pay more than fifty percent (50%) of the proposed assessment have petitioned the Council to renew the CRID; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on full service restaurant businesses to pay for sales and marketing services, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed full service restaurant businesses within the CRID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on May 2, 2023, at 4:30 PM at the Council Chambers located at City Hall, east side of Monte Verde Street between Ocean and Seventh Avenues, the Council adopted a Resolution of Intention, Resolution No. 2023-050; and
WHEREAS, the public meeting and public hearing to consider the renewal of the CRID have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on June 6, 2023 at 4:30 PM at the at the Council Chambers located at City Hall, east side of Monte Verde Street between Ocean and Seventh Avenues, the Council will hold a public meeting regarding the renewal of the CRID, and subsequently held the first reading of this Ordinance to renew the CRID and continue the levy of assessments, and the Council will hear and receive objections and protests, if any, to the renewal of the CRID and the levy of the proposed assessment; and
WHEREAS, it is scheduled that on July 11, 2023 at 4:30 PM at the Council Chambers located at City Hall, east side of Monte Verde Street between Ocean and Seventh Avenues, the Council will hold a public hearing to renew the CRID and continue the levy of assessments, and the Council will hear and receive all objections and protests, if any, to the renewal of the CRID and the levy of the proposed assessment; and
WHEREAS, it is scheduled that on July 11, 2023, following the receipt of all objections and protests and the adoption of the Resolution of Formation, Resolution No. 2023-050 a second reading of this Ordinance to renew the CRID and to continue the levy of assessments will be heard. At the conclusion of the second reading of the Ordinance, the Council may adopt the Ordinance, renewing the CRID and levying the assessment; and
WHEREAS, it is scheduled that the City Clerk will confirm by July 11, 2023, that there was no majority protest. A majority protest is defined as written protests received from owners of full service restaurant businesses in the renewed CRID which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed Attachment 1
Ordinance No. 2023-005