CITYOF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
Mayor Dave Potter, Councilmembers Jeff Baron,
Alissandra Dramov, Karen Ferlito, and Bobby
Richards
Contact: 831.620.2000 www.ci.carmel.ca.us
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues
CITY COUNCIL SPECIAL MEETING
Monday, December 4, 2023
4:30 PM
HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser.
https://ci-carmel-ca-us.zoom.us/j/88661382533 Webinar ID: 886 6138 2533 Passcode:
396305 Dial in: (253) 215-8782
HOW TO OFFER PUBLIC COMMENT
The public may give public comment at this meeting in person, or using the Zoom teleconference module, provided that there is access to Zoom during the meeting. Zoom comments will be taken after the in-person comments. The public can also email comments to [email protected]. Comments must be received at least 2 hours before the meeting in order to be provided to the legislative body. Comments received after that time and up to the beginning of the meeting will be made part of the record.
CALL TO ORDER AND ROLL CALL
PUBLIC APPEARANCES - Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.
Persons are not required to provide their names, however, it is helpful for speakers to state their names so they may be identified in the minutes of the meeting.
Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. Hateful, violent, and threatening speech is impermissible public comment as it disrupts the conduct of the public meeting. This is a warning that if a member of the public attending this meeting remotely violates the Brown Act by failing to comply with these requirements of the Brown Act the meeting, then that speaker will be muted.
CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.
1. November 6, 2023, Special Meeting Minutes, November 7, 2023, Regular Meeting Minutes, and November 7, 2023, Public Improvement Authority Special Meeting Minutes
2. October 2023 Monthly Reports
3. October 2023 Check Register Summary
4. Resolution 2023-105, Establishing the meeting dates of the City Council for calendar year 2024
5. Resolution 2023-106, authorizing three (3) Free Use Days of the Sunset Center Theater and Lobby for the Carmel Unified School District annual choral, string and band festivals for Spring 2024
6. Second Reading and Adoption of Ordinance No. 2023-007 Amending the Carmel Municipal Code (CMC) Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection
ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.
7. Urgency Ordinance of the City Council of the City of Carmel-by-the-Sea Regarding Mills Act Contracts
Recommendation: Motion to adopt Urgency Ordinance of the City Council of the City of Carmel-by-the-Sea Regarding Mills Act Contracts.
CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation
Government Code Sections 54956.9 (d) (1)
Name of Case: Theresa Buccola v. City of Carmel-by-the-Sea; U.S District Court Northern California Case #2203877
PUBLIC COMMENT - Limited to items on closed session only
ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between OceanAvenue and 7thAvenue, Harrison Memorial Library, located on the NE corner of Ocean Avenue and Lincoln Street, the Carmel-by-the-Sea Post Office, 5th Avenue between Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us in accordance with applicable legal requirements.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THEAGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda, received after the posting of the agenda will be available for public review at City Hall located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours.
SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
December 4, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
November 6, 2023, Special Meeting Minutes, November 7, 2023, Regular Meeting Minutes, and November 7, 2023, Public Improvement Authority Special Meeting Minutes
RECOMMENDATION:
Approve Draft Minutes.
BACKGROUND/SUMMARY:
The City Council routinely approves minutes of its meetings.
FISCAL IMPACT:
None.
PRIOR CITY COUNCIL ACTION:
None
ATTACHMENTS:
Attachment 1) November 6, 2023 Minutes
Attachment 2) November 7, 2023 Minutes
Attachment 3) November 7, 2023 PIA Minutes
CITY COUNCIL
SPECIAL MEETING MINUTES
November 6, 2023
CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 pm.
Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Bobby Richards, and Mayor Potter were present.
PUBLIC APPEARANCES
None
CONSENT AGENDA
No public comments received or requests to pull any item from the consent agenda for discussion.
Motion to approve consent agenda items #1-7 by Mayor Pro Tem Richards, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:
AYES: Baron, Dramov, Ferlito, Richards, Potter
NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - September 29, 2023, Special Meeting Minutes, October 2, 2023, Special Meeting Minutes, October 3, 2023, Regular Meeting Minutes, and Adjourned Meeting Minutes Item 2 - September 2023 Monthly Reports
Item 3 - September 2023 Check Register Summary
Item 4 - Resolution 2023-100, authorizing the City Administrator to execute a Construction Contract with Monterey Peninsula Engineering for the Base Bid plus a 5% contingency, in the total amount of $1,139,566, for the FY 2021/22 Pavement Rehabilitation Program, including the San Carlos Bicycle Route, Eighth to Thirteenth Avenues, and Sidewalk Improvements Project, and approving a transfer from the CIP Contingency Fund of $261,566 to complete the Project Item 5 - Resolution 2023-101, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Wallace Group for Project Management and Design Services for two capital improvement projects for a not-to-exceed fee of $241,258 Attachment 1
Item 6 - Resolution 2023-102, authorizing a Free Use Day of the Sunset Center Theater and Lobby for the Carmel Public Library Foundation 12th Annual Fundraiser Benefit Item 7 - Resolution 2023-104, authorizing application for, and receipt of, State of California Regional Early Action Program (REAP 2.0) Planning Grant Program funds
CLOSED SESSION
City Attorney Pierik read the titles of the closed session items:
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9 (d) (4) (One potential case)
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d) (2) (One potential case: 26336 Scenic Drive Mills Act Contract) C. Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator
PUBLIC APPEARANCES - Limited to items on Closed Session None
ADJOURNMENT
Council adjourned to closed session at 4:33 p.m.
APPROVED: ATTEST:
_______________________________ ________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
CITY COUNCIL
REGULAR MEETING MINUTES
November 7, 2023
CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 pm.
Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Bobby Richards, and Mayor Potter were present.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Richards led the pledge of allegiance.
EXTRAORDINARY BUSINESS
A. Carmel High School Report Out - Harper, the Student Body President of Carmel High, provided a summary of upcoming events, including sports games, championships, performing arts activities such as the annual dance show and art expo, the administration's search for students to join an advisory board, a college expo, a singer-songwriter show, fundraisers, and various other community events.
B. Proclamation Protecting the Rights of Children - City Clerk Romero read the proclamation.
PUBLIC APPEARANCES - the following members of the public spoke:
Hugo Ferlito
Craig Gross
Richard Kreitman
Linda Calafiore
Denise Ottersan
Alex Shchebet
Neal Kruse
Nancy Twomey
ANNOUNCEMENTS
City Administrator - Thanked staff for the annual Halloween Parade and pumpkin roll, he also announced the Veterans Day event in Devendorf Park on November 11 at 11am, and the annual Holiday tree lighting on Dec. 1st at sundown.
City Attorney – Announced there was no reportable action from closed session yesterday.
Attachment 2
City Council Regular Meeting Minutes – November 7, 2023
Councilmember Ferlito - Thanked staff for the Pumpkin Roll events and encouraged the high school to email the City Administrator about their upcoming events and fundraisers so that it can be added to the Friday Letter for added exposure.
Mayor Pro Tem Richards – Thanked Carmel High Unified staff, especially Sarah Hind and Graeme Robertson for supporting the students in providing updates to Council.
Councilmember Baron - Announced a few meetings, Monday, Housing Ad Hoc at 4 pm, on Tuesday, Community Meeting regarding outdoor wine tasting, and Thursday, Climate Committee meeting will be at 3:30 pm.
Mayor Potter - Congrats to the Carmel High sports team and Football team. He reported that he played in a Veterans Golf Tournament and was a judge for a Halloween Costume Contest at the Veterans Hall.
ORDERS OF BUSINESS
Item 1 - Receive a Presentation on the exploration of street addresses and provide staff with direction
Administrative Analyst Emily Garay gave a presentation to Council on street addresses. She summarized research and analysis is based on USPS Postal Operations Manual, USPS National Delivery Planning Standards, and the Carmel-by-the-Sea Municipal Code and General Plan:
● She added that based on the USPS guidelines, the mode of delivery is not dictated by whether or not the city has street addresses, the city may work with the USPS growth manager to implement the most centralized delivery method and will receive input from the communities. She noted that although street addresses and mail delivery are two separate topics, there is no way to guarantee that in the future the USPS may make changes in the future to move or close the post office in town. ● She reported that the City’s own municipal code discourages any mail receptacles that would impede public safety making it not likely that it would be implemented. ● She summarized that the CA Fire Code and CA Building Code requires that new and existing buildings be provided with approved address identification that is visible in front of the street.
She concluded that the process is:
● A collaborative one, involving the USPS Growth Manager and the City. ● Proactive, and intentional steps would need to be taken to establish “door-to-door” at home delivery.
She answered questions from Council.
Public Comment:
Attachment 2
City Council Regular Meeting Minutes – November 7, 2023
Jill Petker
Linda Califore
Hugo Ferlito
Joe Danucci
Betty Kullas
Neal Kruse
Richard Kreitman
Hardy Billig
Susan Vierra
Kristi Reimers
Shirley Moon
Mel Ahlborn
Cindy Lloyd
Michael
Karyl Hall
Ms. Garay clarified that the implementation of street addresses would not automatically trigger home mail delivery, and moreover the post office system is a centralized system that is acceptable. She answered questions that the California Building and Fire Code says that the curb fronting the property should have numbered identification visible.
Council discussion resumed. Mayor Potter suggested forming an ad hoc committee to explore the topic further. Councilmember Ferlito emphasized the importance of prioritizing the health and safety of the community in deciding how to proceed. She expressed support for a hybrid system that involves street addresses while keeping the post office or allowing home delivery without mailboxes. Councilmember Dramov said she would prefer directional addresses and is leery of the USPS taking control and suggested considered Apple or Google Map generated addresses.
Councilmember Baron said he does not favor a tech company creating our addresses and said that speaking with a USPS Growth Manager is the next step to explore street addresses.
Mayor Potter appointed Councilmember Ferlito and Dramov, to engage the USPS Growth Manager, and requested an update to Council by February 2024, and encouraged public engagement and input.
RECESS - Council took a recess at 6:03 p.m. and returned to the dais at 6:15 p.m.
Item 2 - Mills Act Policy Discussion
Principal Planner Marnie Waffle gave a presentation on the item. She clarified that the current Mills Act Program was adopted by Ordinance and is included in the Municipal is often referred to as the “Mills Act Policy”. She summarized that in 2020 Council adopted standard contract language for Mills Act Contracts, as well as the results of an informal survey of other Cities Mills Act Policies.
Attachment 2
City Council Regular Meeting Minutes – November 7, 2023
City Attorney Pierik clarified that the 4 Mills Act Applications presented to Council in October would be considered under existing rules and would be unaffected by policy changes. Council members asked questions, with responses from Nick Ortega, Monterey County Assessor's office appraiser, Ms. Waffle, and Planning Director Swanson. Attorney Pierik offered to contact the City of Coronado to discuss their Mills Act Policy.
Public Comment:
Polly Osburn
Jill Petker
Karyl Hall
Chris Barlow
Jason Retterer
Christy Reimers
Mel Ahlborne
Steven Hillyard
Councilmember Baron suggested limiting Mills Act contract subsidies to restoration and rehabilitation only and exclude landscaping costs. Councilmember Dramov endorsed adopting elements from the City of Santa Barbara's application. Mayor Pro Tem Richards proposed a temporary halt on new Mills Act applications until the Council reviews and potentially streamlines the policy. He clarified that existing applications would still be considered under the current policy.
The Mayor appointed Mayor Pro Tem Richards and Councilmember Baron to form an ad hoc committee to discuss the Mills Act Policy, and the Council agreed to postpone new applications until the policy is revamped based on the day's discussion. The ad hoc will also assess any associated costs with managing the program.
Council gave the following direction:
• Do not limit the Mills Act program to certain land uses. • Consider imposing an assessed value threshold.
• Consider establishing a maximum threshold for lost tax revenue from Mills Act properties. • Do not allow properties that were rehabilitated prior to entering into a contract to qualify for the program if the only future work is routine maintenance. Note that this question was not part of the original survey of California jurisdictions. • Come back at the next meeting with an Urgency Ordinance to put a moratorium on any new Mills Act applications until the current policy is reviewed and updated.
Item 3 - Level 2/Notable Home Incentive Program Proposal Principal Planner Waffle gave a brief overview of the item and asked for Council direction whether to proceed with a pilot program or form an ad hoc committee to explore options. Historic Resources Board Member Karyl Hall summarized the proposal to protect non-historic homes from demolition or extensive remodeling in Carmel, and that the program’s purpose is to preserve the Attachment 2
City Council Regular Meeting Minutes – November 7, 2023
residential architectural character, offering a framework for identifying notable homes and potential incentives.
Council was asked to decide on adding the topic to the work plan, assigning a priority, and considering options like creating an ad hoc committee, starting a pilot program, adopting a policy, or making a zoning code amendment. Ms. Hall highlighted potential benefits based on similar programs in other jurisdictions.
Public comment:
Linda Calafiore
Neal Kruse
Melanie Billig
Kristi Reimers
Nancy Twomey
Hans Guter
Council discussion resumed. Council thanked Ms. Hall for her proposal and gave consensus direction to staff to hold off on pursuing the proposal until other priorities are met, such as the design traditions update, Design Review Board reinstatement, and Mills Act Policy review and update.
PUBLIC HEARINGS
Item 4 - Resolution 2023-103 selecting an Overhead to Underground Utility Conversion Project and establishing the Carmel Underground Utility District utilizing Rule 20A allocations Councilmember Ferlito recused herself from the dais from voting on the item because she lives close to one of the proposed Utility Districts but remained in the council chambers.
Public Works Director Harary gave a brief presentation on the item and answered questions from staff. He thanked Javier Hernandez for his research and analysis of the Rule 20A options. He summarized that:
• Rule 20A was established to improve aesthetics by undergrounding utilities at qualifying locations
• The differences between “active” versus “inactive” reallocations • The benefits to becoming “active” to lock in the allocations designated to Carmel. • The purpose of adopting the Resolution is to designate an Underground Utility District and direct staff to submit an application to secure and utilize Rule 20A funds.
He summarized the two proposed Underground Conversion locations:
• Option #1 - located in the Del Mar parking lot from the intersection of Ocean/San Antonio Avenues, west along the southern edge of the North Dunes Habitat Restoration Site, and Attachment 2
City Council Regular Meeting Minutes – November 7, 2023
approximately 800 feet to the end of the parking lot at the foot of the entrance onto Carmel Beach.
• Option #2 - located within the Mission Trails Nature Preserve from the entrance gate at Eleventh Avenue, along the west side of the Willow Trail, extending south for approximately 1,100 feet.
Public comment:
Jill Petker
Linda Calafiore
Bill Doolittle
Karen Ferlito
Betty Kullas
Melanie Billig
Motion by Mayor Pro Tem Richards to adopt Resolution 2023-103, selecting Option #2 as the Utility District Location, seconded by Mayor Potter.
Council resumed discussion expressing concerns about approving the Resolution to designate a Utility District without sufficient community outreach in the affected area, fearing potential backlash. Council expressed concerns about the process, citing lack of notification, outreach, and education, leading them to withhold support for the resolution tonight.
Mayor Pro Tem Richards rescinded his motion.
Council directed staff to postpone adopting the Resolution and instead gave consensus direction to staff to do more outreach and education regarding the Option #2 location near the Mission Trail Nature Preserve. Council tasked the Underground Utility District ad hoc, consisting of Councilmembers Dramov and Baron, to work with staff on public outreach, gauge the interest from the homeowners affected, explore funding options for homeowners who cannot afford to pay for undergrounding, and then provide an update to Council in February or March 2024.
Councilmember Ferlito returned to the dais at 8:43 p.m.
Item 5 - First Reading of Ordinance No. 2023-007 Amending the Carmel Municipal Code Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter
17.43 Water Quality Protection
Environmental Programs Manager Mary Bilse gave a brief presentation on the item and answered questions from Council. She summarized the primary purpose is the Ordinance is to update the City’s Municipal Code regarding stormwater to be consistent with regional stormwater requirements.
Public comment:
Attachment 2
City Council Regular Meeting Minutes – November 7, 2023
Kristi Reimers
City Attorney Pierik read the title of the Ordinance.
Motion by Councilmember Baron to introduce Ordinance 2023-007, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
FUTURE AGENDA ITEMS:
None
ADJOURNMENT
Council adjourned the meeting at 8:55 p.m.
APPROVED: ATTEST:
_____________________________ ___________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2
CITY OF CARMEL-BY-THE-SEA
PUBLIC IMPROVEMENT AUTHORITY
SPECIAL MEETING MINUTES
November 7, 2023
CALL TO ORDER AND ROLL CALL
Public Improvement Authority (PIA) Chair Potter called the meeting to order at 8:54 p.m.
Roll Call: PIA Board Members Jeff Baron, Alissandra Dramov, Karen Ferlito, Bobby Richards, and Chair Potter were present.
PUBLIC APPEARANCES
None
CONSENT AGENDA
Item 1 - Resolution PIA 2023-001, authorizing the Public Improvement Authority Chairman to execute an Easement Deed granting a 10-foot wide easement in the Vista Lobos parking lot to Pacific Gas and Electric for installation of electrical facilities to power City EV charging stations No comments received or requests to pull consent agenda item for discussion.
Motion by Board Member Baron to adopt PIA Resolution 2023-001, seconded by Board Member Richards, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
ADJOURNMENT
PIA adjourned at 8:55 p.m.
APPROVED: ATTEST:
______________________________ _______________________________ Dave Potter Nova Romero, MMC
Public Improvement Authority Chair Public Improvement Authority Board Clerk Attachment 3
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
December 4, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: October 2023 Monthly Reports
RECOMMENDATION:
Review and receive monthly reports.
BACKGROUND/SUMMARY:
This is a monthly series of reports:
City Administrator Contract Log (no contracts under $60K for October) Community Planning and Building Department Reports
Police, Fire, and Ambulance Reports
Public Records Act Requests
Public Works Department Reports
FISCAL IMPACT:
N/A
PRIOR CITY COUNCIL ACTION:
N/A
ATTACHMENTS:
Attachment 1) Police, Fire, and Ambulance Reports
Attachment 2) Community Planning and Building Department Reports Attachment 3) Public Records Act Requests
Attachment 4) Public Works Report for October 2023
*The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%.
CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Safety
October 2023
AMBULANCE REPORT
Summary of Carmel Fire Ambulance October 2023 Calls for Service.
AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of October 2023, the ambulance was able to meet the performance measure. The response time was 95% with (2) code-3 call over 5 minutes.
45 Calls for service in CBTS - Average response time: 3:25 min. 43 Code 3 medical calls for service with two calls over 5 min. 10/08/2023 – Scenic and 12th – Response time – 07:39 min – Did not hit on scene button. 10/21/2023 – Lincoln and 9th – Response time – 05:40 min – Did not hit the on scene button.
MONTEREY FIRE REPORT
Summary of Monterey Fire October Calls for Service
FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 90%. For the month of October 2023, the fire department was able to meet the performance measure. The response time was 98%, with (1) code-3 calls over 5 minutes.
70 total calls for service in CBTS- Average response time: 2:52 min. 58 total Code-3 calls – One call with a response time over 5:00 min. 10/27/2023 – Camino Real and 8th – Response time – 12:56 min – Did not hit the on- scene button.
BEACH FIRES
There were no illegal beach fires extinguished during the month of October.
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Director of Public Safety
APPROVED BY: Chip Rerig, City Administrator
Attachment 1
CITY OF CARMEL-BY-THE-SEA
Monthly Report
Community Planning and Building Department
OCTOBER 2023 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:
In October 2023, 39 planning permit applications were received.
II. BUSINESS LICENSE APPLICATIONS:
In October 2023, 9 business license applications were received.
III. BUILDING PERMIT APPLICATIONS:
In October 2023, 49 building permit applications were received.
IV. CODE COMPLIANCE CASES:
In October 2023, 5 new code compliance cases were created.
V. ENCROACHMENT PERMIT APPLICATIONS:
In October 2023, 23 encroachment permit applications were received.
VI. TREE PERMIT APPLICATIONS:
In October 2023, 32 tree permit applications were received.
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: December 5, 2023
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 2
VII. YEAR-TO-DATE TRENDS
Table 1 includes the following October 2023 totals:
• Planning Permit Applications
• Business License Applications
• Building Permit Applications
• Code Compliance Cases
• Encroachment Permit Applications
• Tree Permit Applications
October 2023 totals are provided alongside October 2022 totals for comparison. Compared to the same time period in the year 2022, Table 1 denotes percentage changes in the year 2023.
Table 1
Permit Application Totals and YTD Percentage Changes
PLANNING BUSINESS
LICENSES BUILDING CODE COMPLIANCE
ENCROACHMENTS
TREE
REMOVAL &
PRUNING
2022 YTD
Totals 325 52 424 224 235 152
2023 YTD
Totals 340 66 516 182 240 341
YTD %
Difference + 4.62% + 26.92% + 21.70% - 18.75% + 2.13% + 124.34% Attachment 2
Page: 1 of 6
Planning Permit Report
10/01/2023 - 10/31/2023
Permit
#
Permit Type Project Description Address/Location Date
Received
Date
Approved
Status
23339 Use Permit AMENDED USE PERMIT: to allow permanent outdoor dining at L'Escargo. To include up to
24 seats at up to 8 tables in the private
courtyard located at the front of the
restaurant. There is no interference with the
public right go way, and no easement issues as
the courtyard is located within the restaurant's
property. An increase of total occupancy on
the property to to 68 for the additional outdoor
seats only. No increase to indoor seating is
being sought and would remain at the current
use permit of 48 persons.
Mission 2 SW of 4th 11/1/2023 Pending
Assignment
23338 Reasonable
Accommodation
Reasonable Accommodation to build a wood
ramp to provide accessibility for the owner.
Proposed wood ramp would be built on
existing coverage approx 41' long with 52sf of
new coverage over soil.
Carpenter 4 NW of
6th
10/31/2023 Pending
Assignment
23337 Design Study PSA 23-193 (Kim). Demolition of existing single family residence. Construction of new street
level single family residence with "bonus"
basement. Removal of 2 not significant trees.
Connection of existing utilities to be placed
underground. Landscaping to be all natural.
Fencing along perimeters to remain; new
fencing along front property line.
Casanova 2 NW of
9th
10/31/2023 Pending
Assignment
23336 Historic
Evaluation
HISTORIC EVALUATION. Proposed project:
Convert existing basement into an ADU. (Met
with Evan.)
7th & Camino Real 10/26/2023 In Review
23335 Historic
Evaluation
HISTORIC EVALUATION - PHASE 1 INTENSIVE Casanova 2 NE of 13th
10/26/2023 In Review
Page: 2 of 6
23334 Historic
Evaluation
HISTORIC EVALUATION. Proposed project - DS
23-123: Replacement of an (e) deck with the
addition of a garden wall around the perimeter
of the deck.
3rd 2 NW of Santa
Fe
10/27/2023 In Review
23333 Design Study Re-landscape garden. Replace old concrete patio, rear walkway, front entrance with
pavers. Add Artificial turf around new fire pit.
Install low front fence and two gates. New
planting and drip irrigation.
5 SW of Ocean Ave
on Forest Ave
In Review
23332 Landscape Plan
Check/Inspection
New landscape plan for single family residence. San Antonio 3 SW of Santa Lucia
10/27/2023 In Review
23331 Use Permit workspece, office, showroom and retail space for custom manufactured items
San Carlos 3 NW of
7th
10/26/2023 Pending
Assignment
23330 Design Review Addition to an existing restroom to provide access compliance. Renovate interior walk to
provide access to ground level tenant space
NW Corner of
Mission St & 8th
Ave
10/30/2023 In Review
23329 Design Review New roof access staircase at existing two story building. Scope of work includes waterproof
decking with roof pedestal supports and new
railings and parapet cap.
San Carlos 2 NW of
8th Avenue
10/23/2023 In Review
23328 Design Study REMODEL & ADDITION TO AN (E) 1,320 SF SINGLE FAMILY HOUSE. ADD 78 SF TO (E)
MAIN FLOOR OF HOUSE. ADD 63 SF TO (E)
LOWER LEVEL STORAGE ROOM & CHANGE TO
NEW HOME OFFICE. CONSTRUCT NEW
DETACHED 200 SF ONE CAR GARAGE.
CONSTRUCT NEW 394 SF A.D.U., ATTACHED
TO REAR OF (E) HOUSE. INSTALL NEW
BOARD & BATTEN WOOD SIDING, STONE
SIDING, NEW ALUMINUM CLAD WINDOWS &
DOORS, NEW ASPHALT SHINGLE ROOF.
REPLACE (E) WOOD DECK WITH NEW.
INSTALL NEW GRAPE STAKE & VERTICAL
WOOD FENCING, NEW FLAGSTONE WALKWAY
& PATIOS, NEW LANDSCAPING.
San Carlos 2 NE of
2nd Ave.
10/26/2023 In Review
Page: 3 of 6
23327 Design Study Remodel of Existing Residence including addition of two, true-divided light wood
windows (to Match existing) in the Kitchen at
the West Elevation. No other exterior changes
and No change to floor area or site coverage
SW Corner of
Camino Real and
2nd Avenue
10/25/2023 In Review
23326 Design Study new landscape 0 mission 2 nw of
santa lucia avenue
In Review
23325 Sign NEW SIGN: Changing name of store to "Host
House," formerly known as "Social Hour."
Metal frame and wood insert.
6th Avenue
between Dolores &
San Carlos
10/23/2023 In Review
23324 Sign Install new "Extra Mile' & 'Mile One' plastic faces in the existing monument sign. Install (1)
new 'Extra Mile' non-illuminated wall sign
above c-store entrance.
3645 Rio Road Closed
23323 Design Study 417 SQ. FT. REMODEL OF EXISTING KITCHEN, GUEST BATH AND PRIMARY BATH.
DEMOLITION: RELOCATE WALL BETWEEN
EXISTING PRIMARY BEDROOM AND GUEST
BATH, REMOVING EXISTING UPPERS &
LOWER CASEWORK, COUNTERS AND
FLOORING TO ALLOW FOR NEW WORK. NEW
WORK: BUILT-IN UPPER & LOWER
CABINETRY, NEW FLOORING, COUNTERTOPS,
SOME APPLIANCES AND RELATED
APPURTENANCES. REPLACING INDICATED
EXISTING WINDOWS WITH NEW SAME SIZE
WINDOWS.
SANTA FE 4 SE
OCEAN AVE
10/20/2023 In Review
23322 Design Study Replacement of historic cabin windows, new front door, new porch light fixture. Expand rear
deck and second floor balcony.
Santa Rita 3 NE of
3rd
10/23/2023 In Review
23321 Sign NEW SIGN: Install flush-mounted "Foray" sign on the wall to the right of Foray's second
entrance on 5th Avenue. Exact same sign
design and material as existing sign on San
Carlos Avenue: 24" x 18", black background
with white lettering; wood material.
NE Corner of San
Carlos and 5th
10/20/2023 In Review
Page: 4 of 6
23320 Sign NEW SIGN: Install (1) set of ½ " painted
dimensional letter set on exisiting wall.
Ocean Ave &
Mission Street,
Carmel Plaza, Suite
111
10/19/2023 In Review
23319 Design Study REPLACE 9 WINDOWS WITH RETROFIT
FIBREX. LIKE FOR LIKE
NORTHEAST
CORNER OF 9TH
AND LINCOLN
Pending
Assignment
23318 Preliminary Site
Assessment
Preliminary Site Assessment 13 Avenue 2 SE of
Mission Street
10/19/2023 In Review
23317 Preliminary Site
Assessment
PRELIMINARY SITE ASSESSMENT. Proposal to
expand and slightly raise the height of the
rebuilt 1998 front elevation. Repair or replace
as needed existing deteriorated windows, in
kind. Add and replace some windows on the
former buggy shed to bring light and
ventilation into the interior. Replace and pair of
windows on the West side of the Great Room
with French doors for access to an outdoor
garden patio. Reconstruct East bedroom into a
gable more consistent with the original
architectural style. Minor reconfiguration of
existing exterior walkways, addition of new site
wall and gas outdoor fireplace at new entry
patio. Reconfiguration of existing kitchen and
two bathrooms within existing building
envelope. The property is on the City's Historic
Resource lnventory and known as the Violet
Campbell House.
13th Avenue 2 SE
of Lincoln
10/17/2023 In Review
23316 Preliminary Site
Assessment
Preliminary Site Assessment Santa Fe Street 3
NE of 5th Avenue
10/17/2023 In Review
23315 Design Study Previously approved Design Study DS 22-233 (Latham): full remodel of existing house. The
plan revisions to this project are minor and
qualify for a Track 1 - Minor review.
Lobos Street 2
northwest of 2nd
Street
10/17/2023 In Review
23314 Landscape Plan
Check/Inspection
Install fresh plants, irrigation, wood chips,
gravel patio (permeable), and Flagstone, 2-3
steps in front by the street (impermeable).
9th Street 2 NE of
Lincoln Street
10/16/2023 In Review
Page: 5 of 6
23313 Design Study PROPOSED LANDSCAPE PLAN, DRIVEWAY
GATE, AND PEDESTRIAN GATE. Information
received on LD 23-312 added to this project.
LINCOLN 5 SW of
10th
10/13/2023 In Review
23312 Landscape Plan
Check/Inspection
PROJECT CLOSED AFTER FEES COLLECTED.
$690 CREDIT APPLIED TO DS 23-313.
LINCOLN 5 SW of
10th
10/13/2023 Closed
23311 Sign NEW SIGN: Pawsh Portraits West Side of San
Carlos between
Ocean & 7th
Avenues
10/12/2023 In Review
23310 Temporary Use
Permit
New Year's Eve Event: Links Club will be
hosting a special event, beginning on
12/31/23 at 8 p.m. and ending at 1 a.m. on
01/01/24. This will be an adults only event.
Food & beverages provided by Links Club. The
band, Scarlet, will be playing from 9 p.m. until
12:30 a.m. in the Links Club Lounge. Amplified
music equipment is consistent with what is
used on a weekly basis with no past issues or
complaints.
No outdoor seating for this event.
Carmel Plaza,
Ocean Ave &
Mission St., Suite
101
10/19/2023 In Review
23309 Historic
Evaluation
Remodel of existing single family residence.
Remodel kitchen, entry, 2 baths and
bedroom/closet area. Remodel entry stairs.
Replace driveway. New roofing and siding. Add
3 skylights.
Lincoln 5 NE of 3rd 10/9/2023 10/31/2023 Approved
23308 Historic
Evaluation
Initial Historic Evaluation Lincoln St, 7 SW
13th St
10/6/2023 Approved
23307 Design Review Interior buildout of an existing space to create a Jenni Kayne fashion store.
Carmel Plaza Suite
225B
10/6/2023 In Review
23306 Street Vending RENEWAL: Devendorf Sidewalk Vending Permit Devendorf Park Sidewalk
10/3/2023 In Review
Page: 6 of 6
23305 Design Review SIGN: One (1) sign for "Fourtane" at new location. It will be the same measurements
and color, as previously approved sign located
at Ocean & Lincoln location; see attached
image.
Ocean 3 NW of
Dolores
10/3/2023
23304 Sign Installation of a new business sign for "Glacier Boutique."
North Side of
Ocean Avenue
between Monte
Verde & Lincoln
10/2/2023 In Review
23303 Design Study Interior tenant Improvement to make suitable space for LA Golf Lounge.
Mission Street 3
NW of 6th Avenue
10/3/2023 In Review
23302 Design Study Reducing site coverage to allow for small wood patio.
Lobos Street 4 NE
of 2nd Ave.
10/3/2023 In Review
23301 Design Study Replacement of two non-historic exterior doors with new Arcadia aluminum doors within the
same openings at the ‘Mrs. B.C. Bowman
House’ which is listed on the Carmel Historic
Inventory and located at the southwest corner
of 10th Avenue and Carmelo Street in the
Single-Family Residential (R-1) District as
depicted in the plans prepared by Ciel Studios
dated October 4, 2023, stamped approved on
October 23, 2023 and on file in the Community
Planning & Building Department
0 SW CORNER
CARMELO & TENTH
10/3/2023 10/23/2023 In Review
Total Records: 39 11/2/2023
Page: 1 of 1
Business License Report
10/01/2023 - 10/31/2023
Entity # Application
Type
Business Name Business Description Location Date
Received
Date
Approved
Status
23065 New Business Chalone Vineyard Wine tasting room Ocean Avenue & Mission Street
10/24/2023 In Review
23064 Ownership
Change
Esperanza Carmel
Commercial, LLC -
Bingham Building
Commercial & Residential
Property
Dolores 3 NE of
7th
10/10/2023 In Review
23063 Ownership
Change
Esperanza Carmel
Commercial, LLC -
Bingham Building
Commercial Property San Carlos 2 SW of
5th
10/10/2023 In Review
23062 Ownership
Change
Esperanza Carmel
Commercial, LLC -
Bingham Building
Commercial & Residential
Property
Dolores 3 NE of
7th
10/10/2023 In Review
23061 Ownership
Change
Esperanza Carmel
Commercial, LLC - JB
Pastor Building
Commercial & Residential
Property
Dolores 2 SE of 7th 10/10/2023 In Review
23060 New Business Jade Allen Selling clothing and
accessories
San Carlos Street
between Ocean &
7th Avenues
10/12/2023 In Review
23059 Business Name
Change
Host House Retail store: home
furnishings, tabletop,
decor
NW Corner of 6th
& San Carlos
10/11/2023 Approved
23058 Location
Change
Fourtane Retail jeweler Ocean Avenue 3
NW of Dolores
Street
10/3/2023 Approved
23057 Location
Change
Toro Full service sushi
restaurant
Dolores 5 SE of 5th 9/28/2023 In Review
Total Records: 9 11/2/2023
Page: 1 of 5
Building Permit Report
10/01/2023 - 10/31/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit
Type
Property
Location
230514 11/1/2023 Install new gas line from meter to fire pit. 2,500 Plumbing Monte Verde 3 SW of Ocean
230513 Demolition of existing single family residence.
Construction of new street level single family
residence with "bonus" basement. Removal of 2
not significant trees. Connection of existing
utilities to be placed underground. Landscaping
to be all natural. Fencing along perimeters to
remain; new fencing along front property line.
1,650,000 Building Casanova 2NW 9th
230512 10/31/2023 Re-purpose (e) door and three (e) windows from residence to be installed on garage.
10,000 Building NW Corner of
Camino Real & 4th
230511 10/31/2023 10/31/2023 Repair damaged cider block curbing which is in disrepair due to storm damage. Repair to
previous condition to allow normal use of
garage.
0 Exempt Work Junipero 2 SW of
8th
230510 10/30/2023 Install electrical transfer switch. 1,000 Electrical Monterey 2 NW of 2nd
230509 10/30/2023 11/1/2023 Paint exterior window mullions and exterior front door green match per sample provided to City
10/30/23.
0 Exempt Work San Carlos 3 NW of
6th
230508 10/30/2023 10/30/2023 Repair of existing dry-stacked stone wall. Wall was in poor condition, repair wall with same
rocks to ensure structural support.
0 Exempt Work Camino Real 7 NE
of Ocean
230507 10/30/2023 Detached ADU (ADA Compliant) 120,000 Building Monte Verde 2 SE of 8th
230506 10/27/2023 10/31/2023 Overlay new Malarkey 30 year roof over existing roof. New roof to be Weathered Wood in color.
25,159 Roofing SE Corner of Ocean
& San Carlos
Page: 2 of 5
230505 10/30/2023 Install new gas pipe for fire pit. 1,200 Plumbing Forest 5 SW of Ocean
230504 10/27/2023 Installation of new power and disconnect for new heat pump installation.
1,800 Electrical Junipero 4 SW of
Alta
230503 10/26/2023 Installation of New Generator, Grill, Firepit, & Outdoor Shower
30,000 Building NE Corner of
Casanova & 12th
230502 10/25/2023 10/25/2023 Tear off old roof and install new Presidential Composition Shake roofing in color Charcoal
Black.
49,000 Roofing SE Corner of
Casanova & 7th
230501 10/25/2023 10/25/2023 Removal of flooring and replace with new laminate. Paint interior walls.
0 Exempt Work Ocean 2 NE of
Monte Verde
230500 10/25/2023 10/25/2023 Remove and replace existing single pane glass and install new energy efficient dual pane glass.
Condition: If work expands to replacement of
window framing a building permit will be
required to be obtained.
0 Exempt Work SE Corner of Torres
& 9th
230499 10/25/2023 Partial re-roof Flat area 3sq and 1sq pitch roof area
9,000 Roofing Santa Fe 3 SE of
1st
230498 10/25/2023 CONSTRUCT NEW ATTACHED 357 SQFT ADU
W/ FINISHES, DOOR + WINDOW TO MATCH
EXISTING RESIDENCE. USE APPROVED MPWMD
WATER CONVERSION FROM (E) RESIDENCE TO
MAKE NEW KITCHEN + BATHROOM IN ADU.
ADDITION NOT VISIBLE FROM ROW.
157,000 Building Santa Fe 2 SW of
Ocean
230497 10/24/2023 Installation of new roof-mounted PV system (6.072 kW AC).
20,333 Electrical 4 Sand & Sea
230496 9/26/2023 Remodel detached garage - replace existing windows and door with new, relocate laundry
from garage to house.
0 Building Santa Fe 3 SE of
Ocean
230495 10/24/2023 Installation of a new 24.00kW Roof Mounted Solar PV System.
66,000 Electrical NE Corner Junipero
& 5th
Page: 3 of 5
230494 10/23/2023 Deferred maintenance work, reinstall cap & pan clay tile roof, replace (E) Windows & exterior
doors; Patch & repair rotted areas; Interior
remodel of kitchen & bathroom; Add gable end
roof over (E) Garage; New chimney cap; Repair
(E) Walkways & (E) Patio; Add gas fire pit &
BBQ area to (E) Patio; No changes to (E) F.A.R.
& (E) Coverage.
250,000 Building Mission 3 NE of 8th
230493 10/23/2023 10/27/2023 Roof-mounted solar PV system (1.640 kW) 9,437 Electrical SW Corner Guadalupe and 4th
230492 10/31/2023 Replace driveway, renovate and add new patios and walkways. Replace retaining walls as
necessary; add planting, irrigation, and lowvoltage lighting. 150,000 Building NW Corner of
Camino Real & 4th
230491 10/23/2023 Installation of one new Tesla Powerwall 5 kW, New 200A Gateway.
20,335 Electrical NE Corner of
Lincoln & Santa
Lucia
230490 10/20/2023 Install a new gas line and a new drainage system.
1,800 Plumbing Forest 5 SW of
Ocean
230489 10/19/2023 INSTALLATION OF A 26KW KHOLER ALL HOME GENERATOR WITH A 200AMP TRANSFER
SWITCH.
18,000 Electrical Torres 2 NW of
10th
230488 10/19/2023 10/19/2023 Remove and replace 9 duct runs and 1 return for the heating system,.
9,953 Mechanical NW Corner of
Guadalupe & 1st
230487 10/19/2023 Installation of new mini split system. 12,434 Mechanical NE Corner of Santa Rita & 2nd
230486 10/19/2023 Removal of existing sprint telecom equipment.
No new installations.
12,500 Demolition NE Corner of San
Carlos & 10th
230485 10/19/2023 10/19/2023 Remove existing gray fiberglass shingles and replace with new CertainTeed Landmark TL in
color Platinum.
20,000 Roofing Guadalupe 2 NE of
5th
230484 10/19/2023 Installation of new roof mounted 7.2 kw PV system.
48,000 Electrical Lobos 2 NW of 2nd
Page: 4 of 5
230483 10/17/2023 10/17/2023 Prep and repair windows, flower beds, and shutters from storm damage wear and tear.
Prime and paint exterior of house to match
current trim colors. Treat and repair metal
handrails that are rusting.
0 Exempt Work SE Corner of San
Antonio & 4th
230482 10/16/2023 10/16/2023 Bathroom remodel, remove and replace shower, toilet and vanity in existing locations. Remove
and replace flooring in living/dining area with
new laminate flooring.
10,000 Building NW Corner of San
Carlos & 8th
230481 10/13/2023 10/20/2023 Reroof of the residence. Replace existing asphalt shingles with class A cap & pan with Spanish
clay tile roof.
30,000 Roofing Mission 3 NE of 8th
230480 10/13/2023 New roofmount PV 13 mods, 5.395 kW, New 125A combiner box, 2 New Tesla Powerwalls 10
kW, New 200A Gateway, MPU to 200A, New
SPAN panel
83,520 Building Lincoln 3 SW of 3rd
230479 10/12/2023 10/30/2023 Replace (2) RTU's in kind 40,000 Mechanical Carmel Plaza, Ocean Ave and
Mission St.
230478 10/11/2023 Interior and exterior remodel to include full electrical rewiring of the property, addition of a
tankless water heater, addition of a deck on the
south side of the property, replacement of all
windows, remove one window to install a french
door, upgrade kitchen and bathroom.
45,000 Building SW Corner of
Mountain View &
8th
230477 10/9/2023 Whole house remodel. 640,000 Building Camino Real 4 SE of Ocean
230476 10/9/2023 10/9/2023 Tear off cap sheet roof and install new three layer torch down system with a granulated white
textured finish.
5,985 Roofing SE Corner of San
Carlos & 11th
230475 10/9/2023 Remodel existing bathroom and existing half bath. Convert into single bathroom.
12,000 Building 26225 Ladera Drive
230474 10/6/2023 Formalize ADU 0 Building Lincoln 5 NW of Santa Lucia
Page: 5 of 5
230473 10/6/2023 10/10/2023 Installation of a 50 amp NEMA 14-50 receptacle for EV charger Installation of a 20 am
convenience receptacle in garage.
1,200 Electrical Carmelo 3 SE of
2nd
230472 10/5/2023 10/31/2023 Voluntary foundation upgrade: no change in footprint, no remodeling, 13 vertical cracks, add
six footings, install 4 subarea fans, handle
spalling on foundation
27,564 Building SW Corner of Perry
Newberry & 5th
230471 10/4/2023 10/5/2023 Repaint exterior of building, side and trim, to match existing colors using formula matching
and custom paint.
0 Exempt Work NE Corner of Ocean
& San Carlos
230470 10/4/2023 Remodel two bathrooms, update electrical, relocate washer/dryer, and update two exterior
doors.
48,000 Building SW Corner of
Carmelo & 10th
230469 10/3/2023 Interior tenant improvement to make suitable space for LA Golf Lounge.
45,000 Building Mission 3 NW of
6th
230468 10/3/2023 10/3/2023 Replace approximately 45'-50' of gas line with 3/4" CSST.
1,500 Plumbing 25987 Mission Road
230467 10/2/2023 10/30/2023 New fence along property line at the south side of the lot. Repair three french posts along north
side of the lot.
0 Exempt Work Camino Real 4 NE
of 9th
230466 10/2/2023 10/2/2023 Remove and replace electrical panel. Upgrade 100 amp to 200 amp panel.
3,465 Electrical SE Corner of San
Antonio & 12th
Total Records: 49 11/2/2023
Page: 1 of 1
Code Compliance Report
10/01/2023 - 10/31/2023
Case # Case Date Status Location Problem Description Date Received
Date
Closed
23183 10/31/2023 Open Se Corner of Camino Real &
9th
Bathroom remodel without proper permit.
Discovered by inspector during roofing
inspection.
10/31/2023
23182 10/26/2023 Open Mission 3 SW of 13th Construction Site Maintenance 10/26/2023 23176 10/20/2023 Open over pruning of city trees. pruning city trees without a permit.
10/9/2023
23175 10/17/2023 Open 25987 Mission No fine or penalty is warranted, inspector noticed following conditions while conducting
an inspection for a gas pipe replacement under
permit 23-468. Hazardous water heater
installation requires vent through roof &
electrical to the water heater is exposed
Romex and not properly connected to the
water heater, detached unit electrical panel is
missing the cover, and it appears remodel
work has occurred without proper permits.
10/17/2023
23174 10/11/2023 Open Forest 4 NW of 7th Installation of a perimeter drainage system, installation of gas piping, prep work for a
paver patio all work would require proper
permits and authorization. Also no
erosion/sediment controls.
10/11/2023
Total Records: 5 11/2/2023
Page: 1 of 3
Encroachment Permit Report
10/01/2023 - 10/31/2023
Permit # Permit Type Date
Submitted
Project Description Property Location Date
Issued
Status
230239 Temp Ench 10/31/2023 PG&E to trench and backfill a 4'x4' bellhole and a 31' trench in franchise. PG&E to install
new gas service. PM# 35454318.
Dolores 3 NW of 13th 10/31/2023 Issued
230238 Driveway 10/31/2023 Replace existing asphalt/brick driveway with brick/paver surface.
Junipero 2 SW of 8th In Review
230237 Temp Ench 10/30/2023 Installation of a temporary fence to edge of street with privacy screen.
Camino Real 3 SW of
13th
In Review
230236 Temp Ench 10/26/2023 Trench from gas main to gas meter location.
Excavate a 5'x5' bellhole over main with 18"
clearance under main. Trench from e-pole to
e-meter location.
Carmelo 4 NW of Ocean In Review
230235 Temp Ench 10/26/2023 Sewer lateral replacement. Carmelo 2 NW of 9th 10/31/2023 Issued 230234 Temp Ench 10/23/2023 Replace sewer lateral using pipe bursting. San Carlos 3 SW of Vista 10/23/2023 Issued 230233 Temp Ench 10/20/2023 Trench in street to have PG&E install a gas line.
Casanova 4 NE of 10th 10/20/2023 Issued
230232 Temp Ench 10/19/2023 Dig 3'x3' bell hole and repair section of sewer lateral.
SW Corner of San
Antonio & 2nd
10/20/2023 Issued
230231 Temp Ench 10/18/2023 Applicant to trench, backfill, and install electric substructures. PG&E to trench and
backfill for box replacements. PG&E to
replace poles, transformers, secondary &
service. Tree trimming and road closure
required. PM# 35457296
SE Corner of San Carlos
& 1st
10/20/2023 Issued
230230 Temp Ench 10/16/2023 PG&E to replace pole and install overhead transformer. PM# 35320063.
Santa Rita 2 SW of 5th 10/17/2023 Issued
Page: 2 of 3
230229 Temp Ench 10/16/2023 Applicant to trench, backfill & install electric substructures. PG&E to install overhead
transformer, underground service cable, and
anchor. PM# 35403071.
Mission 3 SW of 13th In Review
230228 Temp Ench 10/12/2023 Cut 5'x5' bellhole in the street to pull new 4" sdr sewer lateral, approximately 80'.
SW Corner of Camino
Real & Ocean
10/16/2023 Issued
230227 Temp Ench 10/11/2023 Encroachment of a dumpster in front of the property.
Santa Rita 2 NW of 4th 10/18/2023 Issued
230226 Temp Ench 10/9/2023 Install 8'x10' asphalt patch for CalAm Job # 0919. Contact: Coastal Paving & Excavating
(831) 262-1425
Casanova 4 NE of 10th 10/10/2023 Issued
230225 Temp Ench 10/9/2023 Water main replacement with new 8" line and water services, meters, meter boxes
with some new fire hydrants and
replacement fire hydrants on Dolores from
8th to Santa Lucia.
Dolores from 8th to
Santa Lucia
In Review
230224 Driveway 10/9/2023 Replacement in driveway in conjunction with DS 23-213
Lincoln 5 NE of 3rd In Review
230223 Perm Ench 10/9/2023 Effort to legalize previously constructed encroachments in the right of way which
include brick steps at the front landing,
ceramic pots on either side of the landing,
adobe block edging along the east property
line, a gravel parking pad running parallel to
Casanova St, and a brick landing with steps
down to a gate at the east property line.
SW Corner of Casanova
& 11th
In Review
230222 Temp Ench 10/6/2023 PG&E to install new TX, secondary breakers, and new riser (Location 1), install tpx in
conduit (location 2), install multi taps,
enclosure & reroute existing tpx and conduit
to new enclosure (location 3), install tpx in
applicant installed conduit (location 4). PM#
35335669. Contact: PG&E (408) 478-1894
San Antonio 5 SE of 8th 10/9/2023 Issued
Page: 3 of 3
230221 Driveway 10/4/2023 Replace (e) asphalt driveway with new semipermeable Calstone paver driveway.
Construct new 3'D asphalt apron along
street edge. No changes to driveway size or
site coverage.
Lincoln 2 NW of 13th In Review
230220 Temp Ench 10/4/2023 Painting exterior of building, keeping sidewalk open for pedestrian traffic while
painters are on ladders. Contact: All Star
Painting (831) 277-7497
NE Corner of Ocean &
San Carlos
10/6/2023 Issued
230219 Temp Ench 10/4/2023 Replace sewer lateral connection into City main.
CONDITIONS: T-Cuts on all sides, 6" of class
two base rock, 95% RC, match existing
thickness of AC, no less than 3", tack seal
edges after rolling.
No reserved parking will be allowed on the
South side of Ocean and East side of Mission
around Carmel Plaza.
No work on Thursdays, Farmers Market.
Contact: A Ramirez Heating & Plumbing
(831) 809-4707
SW Corner of Ocean &
Mission
10/9/2023 Issued
230218 Temp Ench 10/4/2023 Replace sewer lateral using pipe bursting.
Contact: Rooter King (831) 394-5315
Carmelo 5 SE of 2nd 10/6/2023 Issued
230217 Temp Ench 10/3/2023 Applicant to trench, backfill & install electric substructures. PG&E to add and extend
primary, add transformer to existing system,
top & abandon joint pole & remove existing
overhead service. PM# 35463802. Contact:
PG&E (408) 478-1894
NE Corner of Casanova
& 9th
In Review
Total Records: 23 11/2/2023
Page: 1 of 4
Tree Permit Report
10/01/2023 - 10/31/2023
Permit
#
Permit
Date
Permit
Type
Location of Property Description Status Approved
Date
23310 10/3/2023 Tree SE Casanova & 7th
Ave, Carmel by the
Sea, CA 93921
CITY TREE - PRUNING: Two (2) Pine trees. In Review
23311 10/3/2023 Tree SW Corner of Monte
Verde & 11th
CITY TREE - REMOVE: One (1) large, tall Pine Tree. Approved 10/18/2023 23312 10/3/2023 Tree CITY TREE - REMOVE: One (1) large Pine tree. In Review 23313 10/5/2023 Tree San Carlos 2 SW of 1st REMOVE ROOTS: Pine roots; three (3) roots between 2 & 6" in diameter.
In Review
23314 10/6/2023 Tree Santa Fe 7 SW of 8th REMOVE: One (1) Monterey Pine with a DBH of 42" with a lean. ADDED 10/26/2023: REMOVAL of 12"
Pittosporum tree growing against the telephone in the
front yard. (See email from Liam Hudson citing Justin's verbal approval to Andrew.)
Approved 10/16/2023
23315 10/6/2023 Tree Mission St. 3 NW of
4th Ave
CITY TREE - ROOT REMOVAL: Hazardous Tree Roots Denied
23316 10/9/2023 Tree
Evaluation
Guadalupe 3 NW of
3rd
EVALUATION ONLY: Two (2) Monterey Pine trees on
private property. Evaluate age and durability.
In Review
23317 10/10/2023 Tree 25965 Junipero St
Carmel, CA 93923
New construction of ADU. REMOVE: One (1), 13"
diameter 20' tall Yucca Gloriosa and one (1), 25"
diameter 45' tall Blackwood Acacia (Acacia
Melanoxylon).
Approved 10/18/2023
23318 10/11/2023 Tree Camino Real 2 SW of
8th Ave, next to La
playa
REMOVE: One (1) Oak Tree, ~12"; tree can be viewed
from the La Playa Lower Parking Lot on Carmelo. Dead
oak tree in backyard, Private Property.
23319 10/12/2023 Tree Monte Verde 3 SW of
4th
**APPLICATION WITHDRAWN
10/16/2023.**EVALUATION ONLY: One (1) Live Oak on
private property
Closed
Page: 2 of 4
23320 10/16/2023 Tree w/
Construction
MISSION STREET 2
NORTHWEST OF
SANTA LUCIA AVENUE
Tree Pruning/Removal Permit. Prior to scheduling for
Final Details Review, the applicant shall submit a
Retroactive Tree Pruning Permit Application to be
reviewed and approved by the Forestry Department or
Forest and Beach Commission, as appropriate, for trees
#15 & #22, and adhere to any conditions or
recommendations regarding corrective action regarding
the pruning. Additionally, the applicant may apply (on
the same application) to remove said trees. Should the
Tree removal permit be not approved, the applicant
shall prepare a revised design that does not require the pruning or removal of the subject branches or further
impacts to the trees.
In Review
23321 10/16/2023 Tree Sante Fe 2 SW of 2nd REMOVAL: One (1), 24", Pinus radiata. Private Property.
Diseased Pine Removal at Back of Property. ROOT
REMOVAL: 1, 24", Pinus radiata. Private Property.
In Review
23322 10/17/2023 Tree Palou Avenue, across
the street from APN
010231006000, on City
easement.
Remove dead trees. CITY TREES Diameter at 4 ft 28"
and 8" Please see attached pictures, etc CITY TO
PROVIDE ANY NEEDED SITE MAPS Dead (or mostly
dead) per Justin on 8/30/23 and posted by PG & E
Contractor on 10/16/23.
Approved 10/18/2023
23323 10/17/2023 Tree Torres 4 SW of 8th REMOVE: One (1) dead tree; double-trunk Coast Live Oak, 12" DBH each stem. PRUNE: Two (2) limbs. One
(1) 10" & one (1) 8" diameter from neighbor's tree in
the back that is hanging over our yard.
In Review
23324 10/18/2023 Tree SE Corner of Carpenter
& 5th Ave.
REMOVE CITY TREE ON PROPERTY LINE: One (1)
120'+ Pine tree. REMOVE CITY TREE: One (1) 40' Pine
tree.
In Review
23325 10/18/2023 Tree Camino Real 2 NE of
4th Avenue
REMOVE: One (1) dead 30" Coast Live Oak and one (1)
dead 17" Monterey Cypress on private property.
In Review
23326 10/19/2023 Tree
Evaluation
SE Corner of 10th &
Lincoln
EVALUATION ONLY: One (1) Monterey Pine, 20".
**NOTE**Owner would like to be present for the
evaluation.
In Review
Page: 3 of 4
23327 10/20/2023 Tree NE Corner of Perry
Newberry & 5th
Avenue; "Paradise Park
Track No. 3"
CITY TREES. REMOVAL: Tree #1 & Tree #2; both are
Pine trees, and Tree #1 is over electrical line. PRUNING:
Tree #1 is 85' tall with 15 branches over electrical line; Pine Tree #2 is 125' tall with 27 branches. ROOT
REMOVAL: Tree #1 with 20" base; Tree #2 with 28"
base.
In Review
23328 10/20/2023 Tree Median islands on
Ocean Avenue
between Junipero
Street & Monte Verde
Street
CITY PROPERTY. REMOVE: Three (3) Monterey Pines -
One (1) 6", one (1) 15', and one (1) 85'. REMOVE: One
(1) 1" Shore Pine.
Approved 10/20/2023
23329 10/23/2023 Tree NE Corner of San
Carlos & 5th
Removal of two dying Monterey Pine trees from the City
ROW. Trees will be replaced as part of proposed median
landscape plan.
Approved 10/25/2023
23330 10/24/2023 Tree Torres & 5th PRUNING/REMOVE DEADWOOD: All Oak trees on property.
In Review
23331 10/25/2023 Tree Mission St. 3NW of 4th
Ave
Trip Hazard Closed
23332 10/25/2023 Tree Mission Street 4 SW of
4th
REMOVAL - PRIVATE PROPERTY: Two (2) Tree of
Heaven trees with 16" DBH and 22" DBH
In Review
23333 10/26/2023 Tree 25962 RIDGEWOOD
RD
Carmel, CA 93921
REMOVE - PRIVATE PROPERTY: Dead Oak tree.
23334 10/27/2023 Tree w/
Construction
Mission 5 NW of Santa
Lucia
REMOVAL - PRIVATE PROPERTY: Tree #3 per the Tree
Evaluation Worksheet and Marked Survey provided by
the City.
In Review
23335 10/27/2023 Tree
Evaluation
Guadalupe 3 NE 6th EVALUATION for possible Tree Pruning: Two limbs from top of 85-90 year old Monterey Pine on private
property. One heavy limb already fell in storm. Two tree services noted the danger.
23336 10/27/2023 Tree San Carlos 4 NW of
Third Avenue
REMOVAL - PRIVATE PROPERTY: One (1) Monterey
Pine, 90' tall; 80+ years old.
Approved 11/1/2023
23337 10/27/2023 Tree
23338 10/30/2023 Tree Santa Fe 5 NW of 3rd
(Yellow 2-story with
white picket fence)
REMOVAL - PRIVATE PROPERTY: One (1) Oak tree. In Review Page: 4 of 4
23339 10/30/2023 Tree
Evaluation
Sterling Way 2 NE of
Perry Newberry
EVALUATE: One (1) Pine tree (dangerous lean) and all
other trees on the property.
In Review
23340 10/31/2023 Tree
Evaluation
NW corner Lincoln and
Tenth Avenues
Seeking appointment with City Forester to evaluate
trees for trimming on City right of way and
homeowner’s property prior to engaging professional
tree trimming service.
23341 10/31/2023 Tree San Antonio 2 SE of
11th Ave.
PRUNING: Remove all dead limbs, raise canopies,
remove deadwood, and thin
In Review
Total Records: 32 11/2/2023
Police Records Request Log
October 2023
Request Date &
Received By
10-Day Due
Date
Date Completed by
PSO Requestor Info Requested Status
10/9/2023 ap 10/19/2023 10/12/23 DA Theresa Buccola officer info. Etc. 10/10/2023 AP 10/20/2023 AP 10/10/2023 AP METROPOLTIAN REPORTING CA2300389 COMPLETD 9/28/23 DA 10/8/2023 10/12/23 DA Theresa Buccola Officer ID info, Internal Affairs Date completed
10/13/23 DA 10/24/2023 10/14 DA Lexis Nexis CA2300370 completed 10/13/23 DA 10/23/2023 10/14 DA METROPOLTIAN REPORTING CA2300408 completed 10/19/23 DA 10/29/2023 10/20/2023 DA Lexis Nexis CA2300438 completed 10/19/23 DA 10/29/2023 10/20/2023 DA Lexis Nexis Accident Report No Record 10/23/2023AP 11/02/2023AP Chris Cain Law CA Public Rec Act Request 10/27/23 DA 11/7/2023 10/27 DA Kristine Tataryan CG2300469 completed 10/27/23 DA 11/7/23 DA 10/27 DA Katherine Rishwain CGC2300303 completed 10/27/23 DA 11/7/2023 10/27 DA Lexis Nexis Accident Report No Record Attachment 3
City Clerk PRA Log
October 2023
Request Number Date
Requested
10-day
Response Records Requested Requestor Name Date Completed Notes 2023-103 (Next
Request ID # 23-
17)
10/5/2023 10/16/2023
Request a copy of your building permit records from
July 1, 2023 to the present. Please include any fields
that your permitting system tracks. This includes, but
is not limited to:
-Permit Number
-Applied/Issued Dates
-Work Address
-Permit Type
-Permit Status
-Description of the work being done
-Contractor and Architect Details
-Job Valuations
The preferred file type is .xls/.csv or searchable pdf.
Rolex Domengiano 10/6/2023 records sent
2023-104 10/5/2023 10/16/2023
"the ordinance that adopted the Building Code for
APN 010137012000" (The 5th house on the eastern
side of Lincoln between 4th and 5th., constructed in
1939)
Laura Sanders 10/6/2023 sent property files to
requester
2023-105 10/6/2023 10/16/2023 current contract for General Liability Claims Administration including all outlined fees Janet Dorr 10/10/2023 records sent 2023-106 10/10/2023 10/20/2023
List of businesses (names, phone, mailing address if
possible) on Lincoln St between Ocean and 6th Ave.
Please mail records.
Robert Stillman 10/10/2023 records mailed
2023-107 10/13/2023 10/23/202023 records regarding the property located at 24971 Carmel Hills Drive Scott Allen 10/13/2023
parcel is in Monterey
County. Notified
requester.
2023-108 (Next
Request ID # 23-
18)
10/16/2023 10/26/2023 All of the approved Mills Act Contracts Chris Mitchell 10/16/2023 records sent 2023-109 (Next
Request ID # 23-
19)
10/16/2023 10/26/2023 Report of building permits issued from Sept. 2022 through September 2023 Michelle Zepeda 10/16/2023 records sent 2023-110 10/19/2023 10/30/2023
all records related to the decision to award a new
contract with Denise Duffy and Associates for the
North Dunes Habitat Restoration Project, awarded in
July 2023, including the RFP, the list of 16 companies
involved in the RFP process, and the list of companies
and the responsive proposals received from those
companies responding to the RFP
Dale Byrne 11/6/2023
sent initial records found
10/31/2023. Sent email on
11/6 to Dale to let him
know the remaining
documents are not digital
and to contact PW Dept. to
make an appt. to inspect
the records (9 SOQ's from
2022 received re:
Environmental Services)
2023-111 10/20/2023 10/30/2023
property records and plans on APN's 010-142-016 or
010-142-017, and documents related to Permit 12-156,
for work done in 2012-2014.
Garrett Burton, Esq. 10/23/2023
Instructions on how to
view property files, plans,
permits prior to 2015
online were sent to the
requestor on 10/20/23.
2023-112 10/23/2023 11/2/2023
1) Any permits, applications, or other records for
actions permitted under SB-9 (the HOME Act). These
would be any ministerial lot splits or 2-unit
developments in single-family zones since SB-9 went
into effect. The time period I'm looking for is 1/1/2022 - today. 2) All Building permits for new housing
development in Carmel-by-the-Sea since 1/1/2019.
I'm only concerned with permits that include housing
units, not permits that are strictly for business use.
I'm not sure if this would include new ADUs. If not, I
would also like information about all new ADUs since
1/1/2019.
Sam Marshall 10/31/2023 sent records
2023-113 10/26/2023 11/6/2023
Please include the following information on the list:
Vacation rental address,permit, parcel #, bedroom
count, homeowner name, phone, address, property
managment name, phone, address
Celine Anne Bonus,
cypressvacationhom
es.com
10/31/2023
sent list of active property
management businesses in
town
Attachment 3
CITY OF CARMEL-BY-THE-SEA
Public Works Department
October 2023 Monthly Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: November 3, 2023
APPROVED BY: Chip Rerig, City Administrator
City Council Special Meeting of October 2, 2023
• Adopted Resolution 2023-095, approving the reformation of the Climate Committee. The re-formed committee will consist of four, rather than the original eight members, and meet as needed, rather than monthly. The next meeting is scheduled for November 16th. • Adopted Resolution 2023-096, approving a new stop sign for westbound First Avenue at the Lincoln Street intersection, and two new stop signs on Second Avenue at the intersection of Lincoln Street, all as recommended by the Traffic Safety Committee.
City Council Meeting of October 3, 2023
• Received a presentation by Wave Astound Broadband to introduce a new Fiber Optic Project and was requested to issue an Encroachment Permit with Special Conditions of Approval. Due to concerns of installing additional overhead utility lines and other public comments, Council deferred this item until December or when responses can be developed.
Forest and Beach Commission Meeting of October 12, 2023 • At Santa Fe Street, 3 southwest of Mountain View Avenue, approved the removal of nine coast live oak trees and one tea tree to accommodate development of a vacant lot, and required planting of two upper canopy trees, all at the Applicant’s expense. All is contingent on approval of a design study and issuance of a building permit.
• Received a presentation from Fire Chief Gaudenz Panholzer regarding the Community Wildfire Prevention Plan which was developed in partnership with the cities of Monterey, Pacific Grove, and Carmel. Chief Panholzer also provided a list of Action Plan projects for Carmel which included vegetation management, infrastructure resilience, and public education. • For the North Dunes Habitat Restoration Project, Environmental Programs Manager Mary Bilse gave a presentation summarizing the restoration improvements and habitat monitoring completed during Fiscal Years (FY) 2021/22 and 2022/23, and outlining work proposed for FY 2023/24. • Ms. Bilse re-introduced proposed guidelines to remove human-generated trash from Carmel Beach in a consistent manner, and reviewed state laws associated with keeping all ecologically natural materials on the beach as required in a Marine Sanctuary and Area of Special Biological Significance.
She also presented responds to Commissioner and public comments received at the September Commission meeting, as well as additional comments from Carmel Cares. She noted that these guidelines would form the basis for a new policy for City Council consideration at their December meeting. The Commission approved their recommendation to be forwarded to Council, and requested additional research into driftwood and continued coordination with regulatory agencies and Carmel Cares.
• Ms. Bilse re-introduced two design options for a new sign to be installed in the Del Mar parking lot as proposed by the California Marine Sanctuary Foundation and Marine Protected Area Collaborative.
Attachment 4
Public Works Department Report – October 2023
The sign would indicate that the beach is located in a Marine Protected Area. The Commission decided to delay approval of a sign to a date uncertain. • Presented the Forester’s Report and Public Works Department Report for September 2023.
Administration
• For the Rule 20A Undergrounding Project, prepared the staff report and resolution for the November 7 th Council meeting, and met with the City Attorney’s office for guidance on the proposed Underground Utility District. The public hearing notice was published, and postcard notifications were sent out. • Updated the Quarterly Project Assignment List which includes 45 different capital improvement projects, operating budget projects, and other key initiatives in progress by Public Works collectively valued at $11.2M.
• A $60k budget reallocation was approved for Forestry, allowing the current temporary administrator to continue through February 2024 and a second temporary to backfill for the Administrative Analyst during his upcoming FLMA leave.
• Recruitment began for temporary Maintenance Workers to reduce the backlog of infrastructure repairs. • All Public Works staff are completing short safety courses in Lead Awareness Training and Hazardous Materials Training.
• Held the annual Public Works Pumpkin Carving Contest as a team building event.
Carmel Cares and Other Volunteer Groups
• Carmel Cares installed 25 new cigarette butt containers attached to the City’s ribbon trash cans. • Notice to proceed was issued to a roofing contractor to apply a weatherproofing coating to the back deck at the Fire Station. Carmel Cares will cover labor costs, and the City will pay for materials. • The Rotary Club and Carmel Cares performed a detailed cleanup along Ocean Avenue in downtown. • At the Forest Theater, Carmel High School Interact Club students supported Carmel Cares by cleaning up, planting, and watering the landscaping and painting the gate. • “Median Minders” volunteers continued to improve medians across the Village. • “Downtown Detail” volunteers improved the landscaping around the Park Branch Library. • Met with the Garden Club to discuss their appreciated, ongoing commitment to maintaining various gardens at City facilities, and to review current and long-term plans for the North Dunes Habitat Restoration site.
Environmental Programs
• For the proposed Stormwater Ordinances, prepared the staff report and resolution, and the public notice was published for the Public Hearing and first reading at the November 7th Council meeting. • The California Coastal Commission announced approval of the City’s $500,000 Local Coastal Programs Grant to fund Phase II of the Coastal Engineering Study. • For the Coastal Engineering Study, Phase I, the Task 5 report, regarding a review of the City’s existing Local Coastal Program and related policies, was revised to incorporate City review comments and is now substantially complete. Overall, Phase I is approximately 75% complete. • Submitted the complex and technical Annual Stormwater Report to the California Water Quality Control Board.
• Received approval from the Monterey Bay Air Resources District for a $10,000 grant toward purchasing an EV truck to replace a deteriorated, gas-fueled truck for Forestry. • In preparation for winter storms, the City’s hydrodynamic trash separator units were cleared out by the Carmel Area Wastewater District (CAWD) Vactor truck, and the units were inspected by staff. • Attended Monterey County’s Carmel Lagoon flood hazards meeting.
Facility Maintenance
• Cleve Waters and Leo Hernandez completed the ChargePoint University course allowing them to perform basic maintenance and expedite repairs on the City’s EV charging stations. • For the FY 2023/24 ADA Upgrades Project, installed 6 ADA-compliant mirrors in park restrooms. • For the Sunset Center Fire Recirculation Pump Project, issued notice to proceed to a contractor, parts were ordered, and the fire permit is in progress.
Attachment 4
Public Works Department Report – October 2023
• For the Carpenter Hall Heater Replacement CIP Project, an initial assessment was performed, and contractors were contacted for recommendations and informal quotes. • A vendor replaced the failed dehumidifier for the Local History vault in the Park Brand Library. • A contractor replaced the backflow assembly at the Del Mar restroom, and backflow and sprinkler system repairs were made at several other locations.
• A contractor patched the Fire Station roof to prevent leaks. • Patched roof leaks on the CERT Conex box in the Sunset Center north parking lot. • Assessed the Eleventh Avenue footbridge into the entrance of Mission Trail Nature Preserve, and determined that the entire wooden superstructure must be replaced. The steel support beams below the deck are in good condition and will remain.
• Installed Halloween decorations around Devendorf Park.
Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Renovation Project, Indigo Architects submitted the second, and much improved, existing Conditions Assessment Report and a Space Programming Report. Reports were reviewed by staff, and comments were returned and reviewed with Indigo. A meeting with the Ad Hoc Committee is being scheduled in November to discuss key findings, alternatives, and seek direction.
Ausonio, Inc. Projects:
• For the Sunset Center North Wing and Harrison Memorial Library Exterior/Interior Painting Project, completed and approved the contract documents for rebidding, advertised the project for bids, and notified painting contractors. Pre-bid meeting is on November 9th, and Bids are due on December 5 th
.
• For the Sunset Center Portico Design Project, accepted revised fee proposal from Ten Over Studio for conceptual portico designs. Amendment No. 2 to their Professional Services Agreement is scheduled for approval at the January 2024 Council meeting. • For the Sunset Center Retaining Walls Repair Project and San Antonio Walkway Repair Project, Second to Fourth Avenues, dismissed both fee proposals submitted by Ten Over Studio. Ausonio is contacting structural engineers and contractors for alternative implementation strategies. • As part of Ausonio’s on-call project management services, assigned project for decommissioning the unused Park Branch Library dumbwaiter. Obtained background information, researched California Department of Industrial Relations requirements, and drafted informal bidding documents.
Wallace Group Projects:
• For the FY 23/24 City-wide Paving Project and the Coastal Infrastructure Repair Project, the staff report was prepared for the November 6
th Council meeting to award Amendment No. 1 to Wallace
Group, for a combined fee of $241, 258. Wallace Group will design the paving project and oversee a third party consultant for the Coastal Infrastructure Repair scoping, cost estimating, and beach access stair repair designs.
Additional Capital Projects:
• For the Mission Trail Nature Preserve (MTNP) Well and Tank/Pump House Removal Project, Bowen Engineering removed the 10,000-gallon steel tank, stone pump house, and abandoned power pole.
The remaining task, decommissioning the well, will be completed upon issuance of the County Environmental Health permit.
• For the FY 2021/22 Paving Project, the staff report was prepared for Council to award the base bid, plus 5% contingency, of $1.14 million to Monterey Peninsula Engineering, at the November 6 th
meeting, upon the transfer of $261,000 from the CIP Contingency Fund. • Advanced Design Consultants submitted: a) draft technical reports regarding electrical load capacity, conditions, and corrections needed for Electrical Panels at City Hall, Fire Station, and Vista Lobos Attachment 4
Public Works Department Report – October 2023
facilities, b) 30% design plans for the Sunset Center Electrical Panel Upgrade Project, and c) 60% plans for the Vista Lobos Parking Lot EV Charging Station Project. • Also, for the Vista Lobos EV Charging Station Project, the staff report was prepared for the Carmelby-the-Sea Public Improvement Authority meeting on November 7th to approve an Easement Deed allowing PG&E to install electrical equipment at the southeastern corner of the parking lot. • For the 4 Drainage Improvements Project, Neill Engineers submitted 30% design plans which are being reviewed by staff. Two of the four sites have potential environmental and/or right-of-way impacts that are currently being evaluated by staff.
• For Cal Am Water’s Dolores Street pipeline replacement project, along Dolores Street between Santa Lucia to Eighth Avenues, final plans were reviewed, Special Conditions of Approval for the Encroachment Permit were completed, and preparation is underway for Cal Am to present their project at the December Council meeting.
• CAWD submitted preliminary plans for their sewer pipe bursting and manhole rehabilitations project along Santa Rita and Guadalupe Streets, from Ocean Avenue to the north City limits.
Street Maintenance
• Provided staffing, barricades, fencing, and clean up for the Pumpkin Roll event on October 28th, and supported traffic control for the October 31st Halloween Parade. • Began the annual Storm Drain System Inspection Program to inspect every drainage channel, culvert, pipe, and catch basin. Began to clear out vegetation and debris along drainage channels. • The storm drainage system along the shore was converted from the dry weather to wet weather configurations, to allow winter stormwater to flow out freely to the ocean. • CAWD’s Vactor truck cleared out detention ponds along Fourth Avenue. • The public sandbag station was set up at the Vista Lobos parking lot. • Installed drainage berms and made pavement repairs at four locations using 7 tons of hot mix asphalt.
• As approved by the Traffic Safety Committee, three new Stop signs were installed at uncontrolled intersections at Lincoln Street at First and Second Avenues. • Closed the beach access stairs off the Scenic Pathway at Ninth Avenue due to unsafe exposed boulders at the foot of the stairs.
• Reconstructed a storm-damaged portion of fence along the Flander’s Mansion driveway. • Purchased an e-bicycle for use by Environmental and other Public Works office staff. • An old patrol vehicle and former street sweeper were prepared for auction and posted for sale. • Provided information to Finance to support the annual Measure X report to TAMC. • Served on the selection panel for the City of Marina’s Public Works Superintendent interviews.
Forestry, Parks, and Beach (Forester’s Report)
• Over 200 responses to the Urban Forest Master Plan (UFMP) Community Survey has been received. The Survey closes on November 13th.
• Status of Davey Resource Group’s development of the UFMP is as follows:
Tree Canopy and Land Cover Assessment - complete
Urban Forest Resource Analysis (Eco) - complete
Operations Review – 99% complete
Draft 1 UFMP – 80% complete
o Summarizing challenges and opportunities
o Developing potential recommendations
Community Survey – In Progress
• For the UFMP Project, submitted the fourth CalFire Grant Reimbursement Status Report in a potential last attempt to recover the $150,000 grant funds. Reports are inordinately onerous with shifting and undocumented requirements. City funds have been nearly fully expended, but no reimbursement has been received to date.
• In the MTNP, the $75,000, Council-directed FY 2023/24 Forestry Operating Budget project was substantially completed. Resulting from winter storms, this project included removal of 20 dead/fallen trees, 7 leaning trees, and pruning of 3 large trees in concert with the Friends of MTNP.
Attachment 4
Public Works Department Report – October 2023
• Contractor also removed 7 large, dead or dying trees from the Lester Rowntree Native Plant Garden and near the Flander’s Mansion.
• Met with Friends of Carmel Forest and Carmel Cares volunteers to coordinate consistent watering of young trees.
• As an initial phase of the Ocean Avenue Median Islands Landscaping Beautification Project, four dead or dying pine trees were tagged for removal by Forestry crews. • Additional task orders were issued to our tree service contractors, Community Tree Service, Tope’s Tree Service, and West Coast Arborist, to reduce the backlog of dead tree removals – many adjacent to power lines - as well as stump removals and tree pruning. • Landscape maintenance work across the City continues to be fully engaged by contractor Town & Country.
• A vendor replaced rusty components of the children’s play structure at Forest Hill Park. • Dead wood, grass, weeds, and other potential fire fuel were removed by Forestry crews from the upper portion Forest Hill Park as a fuel reduction effort.
Tree
permits
received
Tree
permits
Issued
Total
Prunings
Total
Removals
Removal
of Upper
Removal
of Lower
Required
to Plant
Upper
Required
to Plant
Lower
No room
for new
tree
Meets
Density
Rec.
Total
Number
of Trees
Required
January 28 6 0 12 3 7 5 1 0 2 6
February 23 22 1 24 15 9 15 10 0 0 25
March 70 70 21 71 47 24 32 14 1 7 46
April 38 47 16 53 49 4 32 3 2 2 35
May 36 25 9 26 20 6 18 4 4 7 22
June 26 25 14 26 17 9 16 6 0 4 22
July 25 10 7 7 5 2 3 2 0 2 5
August 30 29 5 24 12 20 8 12 2 6 20
September 31 28 6 22 14 9 12 8 0 7 20
October 30 22 1 20 14 7 11 6 0 2 17
November 0
December 0
2023 Totals 337 284 80 285 196 97 152 66 9 39 218
2023 Permitted removals, pruning, and required planting Historic permitted removals and required planting Year
Permitted
removals
Removal
of upper
Removal
of lower
Replanting
Required
Replanting
of upper
Replanting
of lower
Replanting
%
Applications
processed
2021 204 81 123 135 81 54 66.18% 213
2022 149 82 67 85 48 37 57.05% 155
2023* 285 196 97 218 152 66 76.49% 284
*Year To Date
Permit Information
Attachment 4
Public Works Department Report – October 2023
Attachment 4
Public Works Department Report – October 2023
*Numbers only represent correspondences received via the City’s website and do not incude live calls, voicemails, drop-in visitors, and emails sent directly to employees from residents, nor return calls and emails from staff.
City Forestry, Parks, and Beach Activities
Attachment 4
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
December 4, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: October 2023 Check Register Summary
RECOMMENDATION:
Approve the check register for October 2023.
BACKGROUND/SUMMARY:
The check register is a financial report generated from the City's financial system (Attachment 1). It categorizes checks by the responsible department or function, providing essential information such as the check number, vendor name, purchase description, check issue date, and the check amount.
Per the California Supreme Court's decision in the case of Los Angeles County Board of Supervisors v.
Superior Court (Dec. 29, 2016) (2016 WL 7473802), the check register excludes the specific invoice payments for legal services incurred for pending and active investigations, pending and active litigation, as well as recently concluded matters. The Supreme Court has ruled that these specific invoices are protected under attorney-client privilege and therefore are not subject to disclosure under the Public Records Act.
As a supplement to the check register, staff have included information about the contract balances for vendors who received payments during the month of October 2023. This data can be found on the last page of the report.
The check register provides valuable insights into the City's financial transactions, ensuring transparency and accountability in our financial operations. The exclusion of certain legal services payments adheres to the California Supreme Court's guidelines, safeguarding attorney-client privilege. The contract balance information further enhances our financial transparency.
FISCAL IMPACT:
The check register summary for October 2023, totals $1,957,476.37.
PRIOR CITY COUNCIL ACTION:
Council ratified the September 2023 check register at the November 6, 2023, special meeting.
ATTACHMENTS:
Attachment 1) October 2023 Check Register
October 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
52275 Visit Carmel Jul-Au 23 CHID remittance 10/24/2023 386,338.12 Total for Department: 000 ___ 386,338.12
Department: 110 City Council
52136 Monterey County Auditor-Controller LAFCO Budget allocation FY 2023-2024 10/06/2023 17,869.14 52139 Peninsula Messenger LLC Mail service sorting and delivery 10/06/2023 7,040.00 52145 The Pin Center City lapel pins 10/06/2023 675.00
52158 Bobby Richards Reimburse for League of Ca Cities conference 9/19-9/22/23 exp 10/17/2023 950.83 52216 Peninsula Messenger LLC Mail service sorting and delivery 10/17/2023 88.00 Total for Department: 110 City Council 26,622.97
Department: 111 City Administration
52126 Amazon Web Services Inc Data and cloud storage fees 10/06/2023 1,034.26 52127 AT&T Telephone service citywide 10/06/2023 2,204.74 52130 Carmel Pine Cone Legal noticing 10/06/2023 285.00 52132 Code Publishing Company Municipal Code updates:Web, paper and electronic 10/06/2023 431.40 52134 Digital Deployment Website support agreement:Maint, training, security and updates 10/06/2023 700.00 52142 Robert Half Temporary Finance assistance services - Tony Wong 10/06/2023 5,480.00 52144 SystemsUp LLC Remote desktop services as directed by IT Manager 10/06/2023 19.50 52146 T-Mobile Monthly cell service, usage and purchases 10/06/2023 1,485.78 52149 Verizon Wireless Cell phone usage and sales 10/06/2023 1,821.87 52152 Alhambra Water service-City Hall Sept 2023 10/17/2023 78.52 52156 AT&T Telephone service citywide 10/17/2023 1,046.42 52164 Carmel Pine Cone Legal noticing 10/17/2023 675.00 52170 City of Foster City Calopps Recruitment services 10/17/2023 567.00 52174 Copies By-The-Sea Agenda printing services 10/17/2023 677.66 52192 ICMA Membership renewal: J Staker #1139386 10/17/2023 200.00 52193 Iron Mountain Records storage and management services 10/17/2023 326.51 52194 J 4 Systems System moderization and resiliency services directed by IT-Amend 10/17/2023 40.00 52223 Robert Half Temporary Finance assistance services - Tony Wong 10/17/2023 5,480.00 52229 SystemsUp LLC Remote desktop services as directed by IT Manager 10/17/2023 721.50 52254 Carmel Pine Cone Legal noticing 10/24/2023 165.00 52256 Comcast Business NonNGEN internet and recurring charges 10/24/2023 644.40 52261 J 4 Systems System moderization and resiliency services directed by IT-Amend 10/24/2023 135.00 52267 Municipal Resource Group, LLC City Administrator evaluation 10/24/2023 12,638.15 52268 Office Depot, Inc. Office supplies Admin 10/24/2023 49.14 52271 SystemsUp LLC Remote desktop services as directed by IT Manager 10/24/2023 39.00 52274 US Bank Traffic control safety gloves for employees assisting with traff 10/24/2023 145.85 52277 Xerox Financial Services Xerox copier leases citywide 10/24/2023 1,452.53 52290 Comcast City Hall cable service 10/27/2023 68.71
52292 Copies By-The-Sea Agenda printing services 10/27/2023 431.14 52293 Corbin Willits System MOM Financial system monthly fee 10/27/2023 720.79 52301 Petty Cash Pumpkins, refreshments PD swearing in 10/27/2023 179.61 52305 MRC Printer usage fees-All departments 10/27/2023 627.35 52308 Office Depot, Inc. Office supplies Admin 10/27/2023 284.15 52313 T-Mobile Acct: 708856117 Monthly cell service, usage and purchases 10/27/2023 1,480.40 52316 US Bank IT - Noncapital computer 10/27/2023 604.57 52316 US Bank IT - Microsoft, Apple, Junction Networks, Freshworks, Zoom, Google Cloud, Backblaze 10/27/2023 3,002.22 52316 US Bank IT expenses - telephone 10/27/2023 1,238.43 52316 US Bank HR subcription - Metrofax 10/27/2023 11.95 52316 US Bank Subscriptions Clerk - Constant Contact 10/27/2023 81.00 52316 US Bank League of Cities Conference - Clerk 10/27/2023 1,151.98 52368 Robert Half Temporary Finance assistance services - Tony Wong 10/24/2023 5,480.00 Total for Department: 111 City Administration 53,906.53 Department: 115 Community Planning & Building
52165 Carmel Towing & Garage FY 23-24: Gas & Oil 10/17/2023 72.15 52167 Chico State Enterprises-Accts Rec LASERFICHE & GIS MAPPING FEATURES 10/17/2023 5,000.00 52177 De Lage Landen Financial FY 23-24 Copier lease 10/17/2023 212.22 52183 Engineered Fire Systems FY 23-24: Fire Systems Review 10/17/2023 1,250.00 52185 FedEx VOLUME STUDY PLANS 10/17/2023 14.09
52187 Granicus, Inc. ADDRESS IDENTIFICATION 10/17/2023 9,493.63 52211 Office Depot, Inc. OFFICE SUPPLIES 10/17/2023 549.13 52240 West Coast Signings NOTARY: BRANDON SWANSON, TRUST DOCS 10/17/2023 230.00 Total for Department: 115 Community Planning & Bu 16,821.22 Department: 116 Police
52133 County of Monterey-Treasury Division Ticket collections - County fees remittance FY23-24 10/06/2023 55,387.50 52153 Allied Universal Beach patrol services 10/17/2023 702.00 Attachment 1
52165 Carmel Towing & Garage PD Towing expense 10/17/2023 4,162.58 52172 Comcast PD Cable serices 10/17/2023 25.57
52177 De Lage Landen Financial PD Copier usage 10/17/2023 161.70 52200 Legal Notification Services Inc PD:Subpoena server services 10/17/2023 704.99 52219 Portable Computer Systems, Inc Route 1 - PD Managed subscription 10/17/2023 10,158.25 52227 Speak Write Billing Department Report writing software - PD 10/17/2023 242.01 52228 Summit Uniforms PD Uniform purchases 10/17/2023 130.16 52230 T2 Systems Canada Inc. PD:Digital iris services 10/17/2023 75.00 52234 Transunion Risk & Alterna PD: Monthly fee for information services 10/17/2023 75.00 52235 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support and d 10/17/2023 165.27 52237 Urgent Investigations & Protection Services PD - Investigative services 10/17/2023 1,250.00 52251 Alhambra Water service-Police Dept 10/24/2023 226.48 52252 Attention to Decal Decal expense PD 10/24/2023 382.38 52257 Community Hospital of the Monterey Peninsula PD Testing services 10/24/2023 27.00 52259 Department of Justice/Accounting Office PD:Fingerprinting services 10/24/2023 96.00 52262 Javier Auto Services PD Auto Repairs 10/24/2023 2,188.23 52266 MP Express Printing Printing services PD: Citation books, misc forms 10/24/2023 569.01 52268 Office Depot, Inc. Office supplies PD 10/24/2023 821.20 52269 Salinas Valley Pro Squad PD Uniform and service clothes 10/24/2023 450.07 52270 Summit Uniforms PD Uniform purchases 10/24/2023 789.69 52272 T2 Systems, Inc Citation collection service fees $.63 per citation 10/24/2023 4,672.71 52273 Urgent Investigations & Protection Services PD - Investigative services 10/24/2023 1,250.00 52290 Comcast PD Cable serices 10/27/2023 342.83
Total for Department: 116 Police 85,055.63
Department: 117 Fire
52131 City Of Monterey FY 23-24 Monthly fee Interim Fire Admin/Emerg Incident Mgmt 10/06/2023 245,891.60 52152 Alhambra Water service-Fire Dept 10/17/2023 182.15 52154 Allstar Fire Equipment Inc Safety apparel Fire Dept 10/17/2023 10,402.21 52165 Carmel Towing & Garage Fire Dept. Gas Expense (E15) 10/17/2023 864.05 52171 City Of Monterey Fire Dept Vehicle repairs 10/17/2023 4,109.20 52191 Hi Tech EVS, Inc. Service fee Hurst Rescue Systems 10/17/2023 1,264.00 52205 Mission Linen Service Fire Dept laundry service 10/17/2023 370.86 52255 City Of Monterey Cost share Wildfire Risk Assessment 10/24/2023 16,447.48 52263 Mission Linen Service Fire Dept laundry service 10/24/2023 123.62 Total for Department: 117 Fire 279,655.17
Department: 118 Ambulance
52128 Bauer Compressors Annual PM service 1 Bauer compressor 10/06/2023 1,633.36 52129 Bound Tree Medical LLC Medical supplies 10/06/2023 251.00 52131 City Of Monterey FY 23-24 Ambulance Administration fee 10/06/2023 1,983.56 52155 American Supply Company Janitorial Supplies-Amb Dept 10/17/2023 127.00 52159 Bound Tree Medical LLC Medical supplies 10/17/2023 356.75 52165 Carmel Towing & Garage Amb Dept. Gas Expense (7166) 10/17/2023 1,114.55 52177 De Lage Landen Financial Ambulance copier usage 10/17/2023 71.01 52217 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 10/17/2023 145.02 52253 Bound Tree Medical LLC Medical supplies 10/24/2023 454.66 52258 David Jedinak Refund dues collected for Jan 2023 (reissue stale dated check) 10/24/2023 50.00 52262 Javier Auto Services PD Auto Repairs 10/24/2023 60.84 52276 Wittman Enterprises, LLC Ambulance billing service 10/24/2023 3,994.87 Total for Department: 118 Ambulance 10,242.62
Department: 119 Public Works
52151 Airtec Inc HVAC repairs for City facilities 10/17/2023 504.00 52152 Alhambra Water for Public Works Dept. 10/17/2023 434.20 52155 American Supply Company PW/FM Janitorial supplies 10/17/2023 2,027.53 52157 Ausonio, Inc San Antonio walkeway repairs 10/17/2023 267.75 52163 Carmel Cares-Dale Byrne, President Landscaping Services for Scenic Pathway- 10/17/2023 3,105.00 52165 Carmel Towing & Garage Fuel for PW vehicles 10/17/2023 2,140.44 52166 Carpet Caravan Inc. Supplies and Materials for Carmel PD- 9/19/23 #CG304335 10/17/2023 2,427.87 52169 Cintas Corporation Uniform Service for PW staff 10/17/2023 1,020.69 52173 Community Tree Service Tree work as directed by City Forester 10/17/2023 116,377.91 52175 CSG Consultants, Inc. Demo and prep dirt for new concrete #476 8/25/23 10/17/2023 4,750.00 52177 De Lage Landen Financial Lease for copiers for PW 10/17/2023 205.40 52181 Edges Electrical Group Electrical supplies, LED lights for City facilities 10/17/2023 816.00 52186 First Alarm Alarm services-Fire Station 10/17/2023 309.12 52188 Granite Rock Company Public Works supplies 10/17/2023 267.39 52189 Green Rubber Kennedy AG PW Yard pressure washer wand and hose 9/12/23 #S-759119 10/17/2023 557.41 52197 Javier Hernandez APWA Conference Javier Hernandez 10/17/2023 245.42 52198 Jessica Juico Reinbursemnt for CASQA Conference- 9/10-9/13 10/17/2023 155.68 52202 M & S Building Supply FM supplies 10/17/2023 72.64 52204 David Sollid Marina Backflow Company PW/FM backflow inspections 10/17/2023 780.00 52206 MJ Murphy Lumber and Hardware Lumber for PW 10/17/2023 2,517.38 52207 Monterey Bay Pest Control, Inc Golpher holes at Devendorf 7/3/23 #63610 10/17/2023 450.00 52209 Napa Auto Parts PW vehicle supplies 10/17/2023 109.80 Attachment 1
52212 Otis Elevatior Company Library dumbwaiters service 10/17/2023 486.09 52218 Poe's Plumbing & Backflow Plumbinf repair for City Facilities 10/17/2023 165.00 52220 PSTS, Inc. Services:Pumping oil-water separator 8/24/23 #1085878 10/17/2023 765.00 52221 Pureserve Building Service Janitorial services FY 23/24 10/17/2023 43,551.18 52222 Rene Aldama Boot reinbursement per MOU-2023 10/17/2023 250.00 52224 Scarborough Lumber & Building Forestry Supplies 10/17/2023 731.76 52225 Sentry Alarm Systems Alarm monitoring 10/17/2023 2,879.79 52232 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 10/17/2023 4,634.00 52233 Town and Country Gardening Landscape contractors for City locations 10/17/2023 25,800.00 52236 Universal Staffing Inc Temporary staffing services 10/17/2023 8,000.63 52238 US Bank Hotel for Treetopia -David Saldivar RH-6183 10/17/2023 345.88 52238 US Bank 082723 CW - Hilton Hotel 10/17/2023 976.89 52238 US Bank Fish and fish food for Devendorf Park 10/17/2023 55.99 52238 US Bank Home Depot - Bulbs, repair parts, brackets, paint 10/17/2023 802.94 52238 US Bank Home Depot - Hand dryer 10/17/2023 1,090.00 52238 US Bank Apple iCloud with storage subscription 10/17/2023 9.99 52238 US Bank Home Depot - Impact socket swivels elbow for Gator water leak 10/17/2023 35.15 52238 US Bank Shock absorbing lanyard - forestry supplies 10/17/2023 114.27 52238 US Bank Treetopia Conference - Miller, Saldivar, Wood 10/17/2023 402.00 52238 US Bank CASQA Conference Pass - Juico 10/17/2023 775.00 52238 US Bank Hotel for CASQA - Juico 10/17/2023 693.09 52238 US Bank Home Depot - Sweeper fan flush hose 10/17/2023 14.97 52238 US Bank Propane for thermoplastic 10/17/2023 75.45 52238 US Bank Travel for CASQA - Juico 10/17/2023 300.80 52238 US Bank Winner Awards - Bench plaque 10/17/2023 360.53 52241 Wm Baxter Electric Replace electrical conduit parking garage at Dolores St. 10/1/23 10/17/2023 488.98 52281 Ailing House Pest Control Pest Control 10/27/2023 434.00 52282 Alhambra Water for Public Works Dept. 10/27/2023 281.78 52283 American Supply Company PW/FM Janitorial supplies 10/27/2023 217.45 52287 Carmel Cares-Dale Byrne, President Landscaping Services for Scenic Pathway- 10/27/2023 2,160.00 52288 Carmel Towing & Garage Fuel for PW vehicles 10/27/2023 2,299.70 52289 Cintas Corporation Uniform Service for PW staff 10/27/2023 554.03 52291 Conte's Generator Service, iNC PW/FM generator services 10/27/2023 3,996.49 52294 CSG, Inc Demo step and prep dirt for concrete. 8/25/23 #476 10/27/2023 4,750.00 52296 De Lage Landen Financial Lease for copiers for PW 10/27/2023 205.40 52298 Forestry Suppliers, Inc F & B Materials and supplies 10/27/2023 1,312.11 52299 Golden State Portables Forest Theater events maintenance/cleaning 10/27/2023 1,631.01 52300 Granite Rock Company Public Works supplies 10/27/2023 914.42 52301 Petty Cash Monterey County CEQA filing fee 10/27/2023 50.00 52303 David Sollid Marina Backflow Company PW/FM backflow inspections 10/27/2023 390.00 52304 Mirage Window Cleaning Window cleabing to City facilities 10/27/2023 2,030.00 52306 Municipal Maintenance Equipment 6 gutter brooms for sweeper-This price does not include shipping 10/27/2023 1,910.75 52308 Office Depot, Inc. Office Supplies for PW Admin 10/27/2023 83.25 52309 Otis Elevatior Company Library dumbwaiters service 10/27/2023 416.79 52310 Poe's Plumbing & Backflow Plumbinf repair for City Facilities 10/27/2023 1,598.95 52311 Scarborough Lumber & Building Public Works Streets supplies 10/27/2023 27.99 52312 Sentry Alarm Systems Alarm monitoring 10/27/2023 195.00 52314 Toyota Material Handling Northern California Parts for Planning electric gem cart 10/27/2023 196.00 52315 Universal Staffing Inc Temporary staffing services 10/27/2023 5,057.50 52316 US Bank ASCE Membership- RH 6183 10/27/2023 261.00 52318 West Coast Arborists Inc . Tree maintenance services as directed by City Forester 10/27/2023 49,812.90 52319 Wm. B. Saleh Painting, Inc Paching and painting #21378 9/26/23 10/27/2023 2,855.00 52320 Zenda Heating & Sheet Metal, Inc PW garage ducts - 9/27/23 #7830 10/27/2023 2,445.00 Total for Department: 119 Public Works 319,433.53
Department: 120 Library
52138 Pacific Grove Self Storage Storage Unit - Document storage 10/06/2023 406.00 Total for Department: 120 Library 406.00
Department: 121 Community Activities
52211 Office Depot, Inc. laminating pouches, 2024 desk calendar 10/17/2023 95.47 52260 Harrison Memorial Library Reimbursement to HML - wrong credit card charged for purchase of 10/24/2023 215.18 52265 Monterey County Pops Inc Share cost of advertising for Monterey Pops! 4th of July concert 10/24/2023 312.00 52274 US Bank Halloween parade car magnets & Halloween posters 10/24/2023 323.35 Total for Department: 121 Community Activities 946.00
Department: 122 Economic Revitalization
52264 Monterey County Convention & Visitors Bureau TID Remittance Jul-Aug 2023 10/24/2023 158,799.69 Total for Department: 122 Economic Revitalization 158,799.69 Department: 130 Non-Departmental
52137 Pacific Gas & Electric Citywide gas & electric services 10/06/2023 13,033.71 Attachment 1
52141 Prism Public Risk Innovation Employee assistance program 10/06/2023 676.20 52213 Pacific Gas & Electric Citywide gas & electric services 10/17/2023 2,333.02 52286 Cal-Am Water Company Water service citywide 10/27/2023 13,649.09 Total for Department: 130 Non-Departmental 29,692.02
Department: 311 Capital Projects
52135 Jayson Architecture CIP:Library Master Plan Study 10/06/2023 4,436.00 52140 Potter's Electronics PD Renovation 10/06/2023 195.53 52143 Santos Solutions Install 2 proposed workshtations PD 10/06/2023 6,500.00 52150 4Leaf, Inc PD Reno 9/20/23 #J4042-03L 10/17/2023 5,523.41 52157 Ausonio, Inc CIP PD Renovation project management 10/17/2023 7,140.01 52182 EMC Planning Group, Inc Coastal Hazard project services 10/17/2023 14,703.67 52210 Nicole Nedeff MTNP 3 stream stability projects 10/17/2023 1,526.25 52224 Scarborough Lumber & Building PD Reno 8/30/23 448604-4 10/17/2023 237.27 52241 Wm Baxter Electric Installation of electrical for PD dispatch 10/1/23 #1273 10/17/2023 1,085.65 52279 4Leaf, Inc PD Building PM 10/27/2023 3,364.26
52280 Advance Design Consultants, Inc CIP Electrical panel upgrades 10/27/2023 9,265.00 52285 BKF Engineers Project managment: Ocean Ave resurface/San Antoinio, San Carlos, 10/27/2023 51,906.90 52295 Davey Resource Group, Inc. CIP:Urban Forest Master Plan Project manager services 10/27/2023 2,431.00 52297 Dudek Environmental support:MTNP 3 Stream Stability Project 10/27/2023 1,626.25 52302 M3 Environmental Consulting Provide lead consulting services for MTNP water tank project 10/27/2023 750.00 52317 Wallace Group Concrete Streets 10/27/2023 1,656.50 52321 Neill Engineers Corp. MTNP drainage engineering project - Carryover FY 22-23 10/27/2023 44,311.50 Total for Department: 311 Capital Projects 156,659.20
Department: 411 Debt Service
52148 US BANK St. Paul Acct 6712281600 Carmel Pub Imp Auth 2020 Ref LRBS 10/06/2023 432,897.67 Total for Department: 411 Debt Service 432,897.67
Grand Total 1,957,476.37
Contract Amt Paid thru Oct Contract Balance
$ 55,268.00 107,730.00 $ 52,462.00 $
$ 737,764.80 2,950,699.00 $ 2,212,934.20 $
$ 108,243.71 272,000.00 $ 163,756.29 $
$ 78,407.57 179,800.00 $ 101,392.43 $
City of Monterey *
Pureserve *
4Leaf Inc.
Vendor
Pen Messenger
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
December 4, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-105, Establishing the meeting dates of the City Council for calendar year 2024
RECOMMENDATION:
Adopt Resolution 2023-105 establishing the meeting dates of the City Council for calendar year 2024.
BACKGROUND/SUMMARY:
In compliance with the City's Municipal Code, Chapter 2.04, the standard schedule for City Council Meetings is set for the first Tuesday of each month at 4:30 p.m., unless otherwise established by resolution. Furthermore, Tours of Inspections, when necessary, typically take place during a Special Meeting on the Monday preceding the regular monthly meeting.
The Municipal Code requires the City Council create and adopt an annual calendar of meeting dates for the following year. This involves a pre-December meeting between the Mayor and Mayor Pro Tem to formulate and present the calendar for approval. As part of this process, the Mayor and Mayor Pro Tem have submitted a proposed schedule for the 2024 City Council Meetings.
Resolution 2023-105 "Exhibit A" (Attachment 1) outlines the proposed dates for Regular Council meetings for the 2024 calendar year, reserving the first Monday of each month as a Special Meeting, dedicated for Tours of Inspection. These dates have been carefully chosen to maintain a well-balanced a balanced calendar, ensuring ample time for agenda packet preparation and review, while taking into account the observance of City holidays.
FISCAL IMPACT:
No direct fiscal impact for this action.
PRIOR CITY COUNCIL ACTION:
Council adopted Resolution 2022-107 on December 6, 2022, establishing the meeting dates of the City Council for calendar year 2023.
ATTACHMENTS:
Attachment 1) Resolution 2023-105
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
ESTABLISHING THE MEETING DATES OF THE CITY COUNCIL FOR CALENDAR YEAR 2024
WHEREAS, Section 2.04.010 of the City’s Municipal Code stipulates that the Council regular meetings are held on the first Tuesday of the month beginning at 4:30 p.m. and the Tour of Inspection (Special Meeting) are held on the Monday prior to the regular meeting of the month, unless otherwise established from time to time by Resolution; and WHEREAS, the Mayor and Mayor Pro Tem have proposed the 2024 Council Meeting Calendar to establish a balanced calendar, taking into consideration City Holidays, to allow sufficient time for agenda packet preparation and review; and WHEREAS, the proposed 2024 City Council Meeting dates and a date for the Public Improvement Authority annual meeting are attached as Exhibit A.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Approve the calendar of the City Council Meetings for calendar year 2024 as attached hereto as Exhibit A.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Resolution No. 2023-105
EXHIBIT A
2024 City Council Meeting Dates
Special Council Meeting
(Monday preceding the Regular meeting)
4:30 p.m.
City Council Regular Meeting
(Tuesday)
4:30 p.m.
January 8* January 9*
February 5 February 6
March 4 March 5
April 1 April 2
May 6 May 7
June 3 June 4
July 8* July 9*
August 5 August 6
September 9* September 10*
October 7 October 8
November 4 November 5
December 2 December 3
* Due to holiday the first week of the month
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
December 4, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-106, authorizing three (3) Free Use Days of the Sunset Center Theater and Lobby for the Carmel Unified School District annual choral, string and band festivals for Spring 2024
RECOMMENDATION:
Adopt Resolution 2023-106, authorizing three (3) Free Use Days of the Sunset Center Theater and Lobby for the Carmel Unified School District annual choral, string and band festivals for Spring 2024 BACKGROUND/SUMMARY:
The 2017 Agreement between the City and Sunset Cultural Center, Inc. (SCC) provides that the City shall have the right to use the theater and lobby for up to twelve (12) full days each fiscal year without charge, as long as the spaces have not already been committed to rental customers by SCC.
The Carmel Unified School District (CUSD) has requested the allocation of three (3) free use days of the Sunset Theater and lobby for its Spring 2024 music festivals. These performances have traditionally been held in the Sunset Center, and the City Council has generously provided "Free Theater Days" for CUSD in the past. This partnership has been greatly appreciated by the parents, musicians, and administration involved.
CUSD has a longstanding tradition of holding district-wide choral, string, and band festivals each Spring that bring together elementary, middle, and high school musicians to showcase the developmental progression of their music programs. These festivals are vital for celebrating the achievements of our students and CUSD greatly appreciates the City's support.
Granting Free Use Days of the Sunset Center for the annual CUSD music festival has numerous benefits:
Accommodating Attendees: The facilities are well-suited to accommodate the large number of attendees, including students, families, and community members who come to support the talented young musicians.
Inspiring Environment: The Sunset Center provides a remarkable and inspiring performance environment, which enhances the overall experience for both performers and spectators.
Community Engagement: These festivals foster community engagement by showcasing the growth and talent of our students and instilling a sense of pride in the local music programs.
CUSD has tentatively reserved the theater and lobby for three (3) days in Spring 2024 for the music festival, and kindly requests the City Council's approval of the attached Resolution, to authorize allocation of three (3) free use days of the City's theater and lobby facilities for CUSD Spring 2024 choral, string, and band festivals.
FISCAL IMPACT:
None
PRIOR CITY COUNCIL ACTION:
Council adopted a similar Resolution in 2022
ATTACHMENTS:
Attachment 1) Resolution 2023-106
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THREE FREE USE DAY OF THE SUNSET CENTER THEATER AND LOBBY
FOR THE CARMEL UNIFIED SCHOOL DISTRICT ANNUAL CHORAL, STRING AND BAND FESTIVALS FOR SPRING 2024
WHEREAS, the City's Amended and Restated Lease Agreement with Sunset Center Cultural Center (SCC), adopted by the City Council on June 6, 2017, stipulates that the City shall have the right to use the Sunset Center theater, lobby and dressing rooms for up to twelve (12) full days (designated in the Lease Agreement as "Free Theater Days") each fiscal year without charge; and
WHEREAS, the Carmel Unified School District (CUSD) has requested the use of the Sunset Cultural Center through the City's Free Theater Days for a total of three (3) days in Spring 2024, to accommodate their annual choral, string, and band festivals; and WHEREAS, CUSD has established a time-honored tradition of hosting their Spring Music Festival at the Sunset Center, which serves as a platform for elementary, middle, and high school musicians to present the developmental progression of their music programs; and WHEREAS, the support of the City in facilitating these performances at the Sunset Center is deeply valued by parents, musicians, and the administration, as it allows for the accommodation of a substantial number of attendees and fosters an environment that inspires and elevates the performances of our community's young musicians.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Authorize the Carmel Unified School District three (3) of the City's Sunset Center Free Theater Days for their annual spring music festival in 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 4th day of December, 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
Staff Report
December 4, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Programs Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Second Reading and Adoption of Ordinance No. 2023-007 Amending the Carmel Municipal Code (CMC) Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection RECOMMENDATION:
1. Motion to adopt Ordinance No. 2023-007 amending the Carmel Municipal Code Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection.
BACKGROUND/SUMMARY:
One of the City Council’s Top Strategic Priorities is to update the Carmel Municipal Code (CMC) regarding stormwater. The City’s Public Works/Environmental Programs staff worked closely with the City Attorney’s office to update the City’s stormwater ordinances which were last updated in 2004.There have been significant changes in federal, state, and regional laws affecting stormwater and water quality, and the proposed update ensures compliance with current applicable laws.
Council held a public hearing at a Regular City Council Meeting on November 7, 2023, and introduced Draft Ordinance 2023-007 amending the Carmel Municipal Code Title 17 (Zoning) by Repealing and Replacing Chapter 17.42 Stormwater Quality and Utility and Chapter 17.43 Water Quality Protection. The purpose of Chapter 17.42, “Stormwater Quality and Utility,” is to protect and enhance the water quality of watercourses and waterbodies by reducing pollutants in stormwater discharges into the storm drain system. The purpose of Chapter 17.43, “Water Quality Protection,” is to protect and enhance the coastal waters within the City in accordance to the policies of the City’s Local Coastal Program and Post-Construction Stormwater Management Requirements for development projects in the Central Coast Region. Council approved a motion to waive the reading in full and introduce the Ordinance with direction to make clerical corrections.
The redline version of the draft Stormwater Ordinance made by Council motion at the November 7 th
, 2023
City Council meeting with correction of clerical errors is included as Attachment #1. The clean version of the final Ordinance for adoption is included as Attachment #2.
Environmental Evaluation
The City has determined that Ordinance 2023-007 is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000, et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment. The Ordinance adopts local regulations in a manner that complies with federal and state regulations. The Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment and, therefore, does not require environmental review.
FISCAL IMPACT:
No direct fiscal impact for this action.
PRIOR CITY COUNCIL ACTION:
On November 7, 2023, Council held a public hearing and introduced Ordinance 2023-007, and directed staff to come back with administrative corrections as outlined in this staff report.
ATTACHMENTS:
Attachment #1 - Redline Version of the Draft Stormwater Ordinance Attachment #2 - Clean Version of Final Ordinance 2023-007 for Adoptioin ATTACHMENT 1
TRACK CHANGES OF CLERICAL CORRECTIONS TO:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2023-007
AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING THE CARMEL MUNICIPAL CODE (CMC) TITLE 17 (ZONING) BY REPEALING AND REPLACING CHAPTER 17.42 (STORMWATER QUALITY AND UTILITY) AND CHAPTER 17.43 (WATER QUALITY PROTECTION); AND FINDING THE SAME
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Carmel-by-the-Sea (“City”) currently regulates all stormwater and non-stormwater runoff entering the storm drain system or waterbodies throughout the City under Title 17, Chapter 17.42 and Title 17, Chapter 17.43 of the Municipal Code; and
WHEREAS, Chapter 17.42 and Chapter 17.43 was last amended in 2004; and WHEREAS, there have been significant changes in state and regional law affecting stormwater and water quality since Chapter 17.42 and Chapter 17.43 was last amended; and
WHEREAS, the work the City does to prevent stormwater pollution is regulated under the jurisdiction of the Central Coast Regional Water Quality Control Board, Region 3, the enforcement arm of the State Water Resources Control Board; and WHEREAS, the State Water Resources Control Board adopted the Phase II Small MS4 General Permit (Water Quality Order No. 2013-0001-DWQ). Since 2013, the State Water Board adopted five amendments to this Permit.; and WHEREAS, the Phase II Small MS4 General Permits require the discharger to develop and implement a Stormwater Management Plan/Program with the goal of reducing the discharge of pollutants to the maximum extent practicable (MEP). MEP is the performance standard specified in Section 402(p) of the Clean Water Act. The management programs specify what best management practices (BMPs) will be used to address certain program areas. The program areas include public education and outreach; illicit discharge detection and elimination; construction and post-construction; and good housekeeping for municipal operations; and
WHEREAS, the Cities of Carmel-by-the-Sea, Monterey, Del Rey Oaks, Sand City, Seaside, Pacific Grove and the County of Monterey are seven local agencies that Attachment 1
Ordinance No. 2023-007
have joined to develop and implement a regional storm water program for the Monterey Peninsula and surrounding areas. This group meets monthly to discuss urban runoff issues and implement components of the Monterey Regional Storm Water Management Program (MRSWMP); and
WHEREAS, the Central Coast Regional Water Quality Control Board adopted Post Construction Requirements (PCR) for development and re-development projects on July 12, 2013. These requirements were implemented by all agencies in the Region, effective March 6, 2014; and
WHEREAS, The City is required to submit an annual report as required by General Permit NO. CAS000004: Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems. The Annual Report describes permit compliance activities performed by the City to implement pollution prevention locally and protect local water quality; and WHEREAS, on November 7, 2023 the City Council held a duly noticed public hearing on the proposed code amendments;
WHEREAS, the City determined this ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines; and
SECTION 1. CEQA Review. This Ordinance is is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000, et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment.
The Ordinance adopts local regulations in a manner that complies with federal and state regulations. The Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment and, therefore, does not require environmental review.
SECTION 2. Repeal and Replacement of Chapter 17.42 and Chapter 17.43. Chapter
17.42 and Chapter 17.43 of Title 17 of the City Carmel-by-the-Sea Municipal Code is hereby repealed in its entirety and replaced with the following:
Chapter 17.42
STORMWATER QUALITY AND UTILITY
Sections:
17.42.010 Purpose.
17.42.020 Definitions.
17.42.030 Urban Runoff Water Quality and Discharge Management.
17.42.040 Enforcement.
17.42.010 Purpose.
Attachment 1
Ordinance No. 2023-007
The provisions of this chapter are intended to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and waterbodies in compliance with the federal Clean Water Act, the California Coastal Act, and California Porter-Cologne Water Quality Control Act (Porter-Cologne Act) by reducing pollutants in stormwater discharges to the maximum extent practicable, by prohibiting non-stormwater discharges to the storm drain system, and by managing the City’s storm and surface water drainage system. Requirements of this chapter shall be implemented and enforced in accordance with schedules and requirements under the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001- DWQ, National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be amended, and any superseding order, and the Central Coast Regional Water Quality Control Board Resolution No. R3- 2013-0032, Approving Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, as may be amended, and any superseding order.
17.42.020 Definitions.
The terms used in this Chapter shall have the following meanings:
A. a) Best Management Practices (BMPs) means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, wastewater, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures.
B. b) California Construction Stormwater General Permit (CGP) means NDPES No. CAS000002, State Water Resources Control Board Order No. 2009-0009-DWQ, as amended by 2010-0014-DWQ and 2012-0006-DWQ, and as may be subsequently amended.
C. c) California Industrial General Permit (IGP) means the NDPES No.
CAS000001, State Water Resources Control Board Order No. 2014-0057-DWQ as amended in 2015 and 2018, as may be subsequently amended.
D. d) Illegal Discharge means any direct or indirect discharge to the City’s storm drain system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit, including discharges allowed in the Phase II Permit Attachment C, Area of Special Biological Significance Specific Provisions, and discharges resulting from firefighting activities.
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Ordinance No. 2023-007
E. e) Illicit Connections means either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm drain system, including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been permitted and approved by the City.
F. f) Low Impact Development (LID) is an approach to stormwater management that aims to replicate the site’s natural hydrologic balance, using site design strategies to minimize stormwater runoff, integrated with small-scale, distributed structural BMPs that retain stormwater on site via infiltration, evaporation, evapotranspiration, or harvesting for later use.
G. g) Non-Stormwater Discharge means any discharge to the storm drain system that is not composed entirely of storm water or that contains any pollutant.
H. h) Phase II Permit means the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be subsequently amended.
I. i) Pollutant means anything that causes or contributes to water pollution, including but not limited to paints, varnishes, and solvents; oil and other automotive fluids; chemicals in dust from automotive brake pads and tires; non-hazardous liquid and solid wastes; green waste and other yard waste; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and waste; fecal coliform and other pathogens in sewage or other wastewater; dissolved and particulate metals; animal waste; waste and discharges that result from constructing a building or structure (including but not limited to sediment, slurries, and concrete rinsates); and noxious or offensive matter of any kind that may be discharged into the storm drain system or waterbodies.
J. j) Storm Drain System means any publicly-owned facilities operated by the City by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, storm drain pipes, pumping facilities, stormwater retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures that are within the City.
17.42.030 Urban Runoff Water Quality and Discharge Management.
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A. Applicability. This chapter shall apply to all stormwater and non-stormwater runoff entering the storm drain system generated on any developed and undeveloped lands within the City.
B. Administration.
1. Responsibility for Administration. The Public Works Director shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties of the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of or in the employ of the City.
2. Regulatory Consistency. This section shall be construed to ensure consistency with the requirements of the Clean Water Act, Porter-Cologne Act, California Coastal Act, Phase II Permit, California Industrial General Permit (IGP), California Construction Stormwater General Permit (CGP) and statutes and regulations that amend or supplement those Acts and permits.
C. Discharge Prohibitions.
1. General Prohibition. No person shall discharge or cause to be discharged any pollutants or waters containing any pollutants into the municipal storm drain system or watercourses, or any materials that may cause or contribute to a violation of applicable water quality standards. Examples of prohibited discharges or illegal connections to the storm drain system include, but are not limited to:
a. Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;
b. Water, cleansers, or solvents from the cleaning of machinery or equipment, and other such commercial and industrial activities;
c. Water from the washing or rinsing of vehicles, that contains soap, detergents, solvents, or other cleaners;
d. Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops, including water from the cleaning or rinsing of vehicle engines, undercarriages, or auto parts;
e. Automotive fluids;
f. Wash Water from floor mat and hood cleaning at food service facilities; g. Food and kitchen cleaning water from food service facilities; Attachment 1
Ordinance No. 2023-007
h. Grease, food, or wash water from food or kitchen service facilities, or mobile food vendors;
i. Leakage from dumpsters or other trash containers;
j. Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;
k. Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;
l. Wastewater or cleaning fluids from commercial cleaning operations such as carpet and mat cleaning, pet washing, and vehicle detailing;
m. Swimming pool and spa water;
n. Wash out from concrete trucks, or ready-mix concrete washout; o. Construction debris and fluids, such as, but not limited to, paint, dirt or sediment, chemical products, construction waste, rinse or wash waters; and p. Sewage.
2. The commencement, conduct or continuance of any non-stormwater discharge to the storm drain system is prohibited, except for the following. a. Discharges that are allowed in Attachment C, Area of Special Biological Significance Specific Provisions, of the Phase II Permit.
b. Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California or the U.S. Environmental Protection Agency; provided that 1) the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and 2) written approval has been granted by the City for any discharge to the storm drain system.
c. Discharges authorized by a written exemption by the City, obtained following written concurrence of the Regional Water Quality Control Board, for specific non-stormwater discharges which are not a source of pollutants to the storm drain system.
3. 2. Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether Attachment 1
Ordinance No. 2023-007
the connection was permissible under law or practices applicable or prevailing at the time of connection.
a. The Public Works Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this section to eliminate or secure approval for the connection by a specified date. b. If, subsequent to eliminating a connection found to be in violation of this section, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of the responsible person.
4. 3. Waste Disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained any liquids, powders, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to any pollutant entering into the storm drain system or any watercourse. Wastes deposited in waste receptacles designated for the purposes of collection are not subject to this prohibition.
5. 4. Discharges in Violation of Permits. Any person subject to an industrial or construction activity NPDES Storm Water Discharge Permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
D. Regulations and Requirements.
1. Prevention, Control, and Reduction of Stormwater Pollutants. a. Development. The City requires the use of BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects to minimize the generation, transport and discharge of pollutants in stormwater runoff, and to minimize adverse impacts on aquatic environments. All development shall comply with applicable BMP requirements and standards for such development set forth in the Phase II Permit; the California Regional Water Quality Control Board PostConstruction Stormwater Management Requirements for Development Projects in the Central Coast Region, as adopted by the California Regional Water Quality Control Board by Resolution No. R3-2013-0032; the City’s Standard Operating Guidance 17-07 Private Stormwater Drainage Systems (SOG 17-07); and the Monterey Regional Stormwater Management Program (MRSWMP) Stormwater Technical Guide for Low Impact Development (LID). All development shall be designed consistent with such standards and guidance. Applicants shall also ensure that development projects are compliant with applicable local, state, and federal laws and regulatory permit authorities, including U.S. Army Corps of Engineers, California Coastal Commission, Regional Water Quality Control Board, State Water Resources Control Board, California Attachment 1
Ordinance No. 2023-007
Department of Fish and Wildlife, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Association (NOAA) Monterey Bay National Marine Sanctuary, and in conformance with Low Impact Development site assessment and design standards of the Phase II Permit and California Regional Water Quality Control Board PostConstruction Stormwater Management Requirements for Development Projects in the Central Coast Region.
b. Construction Sites. BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the Phase II Permit as amended thereto, including, but not limited to, the requirement to submit, implement, and maintain site-specific construction BMPs as applicable for erosion and sediment control, soil stabilization, source controls, materials and stockpile management, dewatering, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the storm drain system. c. Any person engaged in activities or operations, or owning facilities or property that may result in pollutants entering stormwater, the storm drain system, or any watercourse, shall take all necessary measures to prevent illicit discharges.
2. Watercourse Protection. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, stagnant pools of water and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse on site and downstream.
3. Remediation. Whenever the Public Works Director finds that a discharge of pollutants into the storm drain system or any watercourse is taking place, has occurred, or is likely to result absent remediation, the Public Works Director shall issue written notice to the owner of the property and/or the responsible person requiring that the pollution be remediated and the affected property restored within a specified time.
17.42.040 Enforcement.
A. Inspection.
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Ordinance No. 2023-007
1. Authority to Inspect. Whenever necessary to conduct an inspection to enforce any provision of this section, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the Director may request to enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
2. Authority to Sample, Establish Sampling Devices, and Test. During any inspection in compliance with this section, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
B. Enforcement.
1. Violations Subject to Criminal Penalty. Any violation of this chapter shall be a misdemeanor and shall be subject to penalty in accordance with Chapter 1.16. Such violations may also violate the Clean Water Act, the California Coastal Act, and/or the Porter-Cologne Act and may be subject to penalty under state and federal law including civil and criminal penalties.
2. Violations of this chapter shall also be subject to administrative civil penalties in accordance with Chapter 18.04.
3. Violations of this chapter are declared a public nuisance and shall be subject to abatement in accordance with Chapter 15.57. Nothing in this chapter shall limit the authority of the City to undertake emergency or summary abatement in the manner authorized by law.
Chapter 17.43
WATER QUALITY PROTECTION ORDINANCE
Sections:
17.43.010 Purpose and Intent.
17.43.020 Definitions.
17.43.030 Applicability and Stormwater Management Requirements.
17.43.040 Stormwater Control Requirements.
17.43.050 BMP Maintenance and Conditions of Transfer.
17.43.010 Purpose and Intent.
A. The purpose of this chapter is to protect and enhance coastal waters within the City of Carmel in accordance with the policies of the City’s Local Coastal Program (LCP; Attachment 1
Ordinance No. 2023-007
Sections O5-45 and O5-46), Sections 30230, 30231, 30232 and 30240 of the California Coastal Act, the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ (and subsequent new orders and/or amendments) National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) (hereafter Phase II Permit), and the Central Coast Regional Water Quality Control Board (Regional Board) Resolution No. R3-2013-0032 (and subsequent new orders and/or amendments) Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (Central Coast PCRs).
B. The purpose of the chapter is to ensure that permitted development shall be sited and designed to conserve natural drainage features and vegetation, minimize the introduction of pollutants into coastal waters to the maximum extent practicable, limit the discharge of stormwater runoff, and protect the overall quality of coastal waters and resources.
17.43.020 Definitions.
The terms used in this Chapter shall have the following meanings:
A. a) Best Management Practices (BMPs) means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control: runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions that the Public Works Director or designee determines appropriate for the control of pollutants.
B. b) California Construction Stormwater General Permit (CGP) means the NDPES No. CAS000002, State Water Resources Control Board Order No. 2009-0009- DWQ, as amended by 2010-0014-DWQ and 2012-0006-DWQ, and as may be subsequently amended.
C. c) California Industrial General Permit (IGP) means the NDPES No.
CAS000001, State Water Resources Control Board Order No. 2014-0057-DWQ as amended in 2015 and 2018, as may be subsequently amended.
D. d) Central Coast PCRs means the California Regional Water Quality Control Board Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, as adopted by the California Regional Water Quality Control Board by Resolution No. R3-2013-0032, as may be subsequently amended.
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E. e) Environmentally Sensitive Habitat Areas (ESHA) means any areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
F. f) Low Impact Development (LID) means systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat.
G. g) Phase II Permit means the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be subsequently amended from time to time.
H. h) Pollutant means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
I. i) Storm Drain System means any publicly-owned facilities operated by the City by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City.
J. j) Stormwater Control Plan (SWCP). A plan, developed by a development project applicant whose project is subject to the Central Coast PCRs, detailing how the project will achieve compliance with the applicable Post-Construction Stormwater Management Requirements.
17.43.020 Applicability and Stormwater Management Requirements.
A. All properties within the City of Carmel are located within the coastal zone as defined in the California Coastal Act and are subject to the policies, standards and provisions contained in the certified LCP. Where any standard provided in this chapter conflicts with any other policy or standard contained in the City’s General Plan, Zoning Code or other City-adopted plan, resolution or ordinance not included in the certified Carmel LCP, and it is not possible for the development to comply with both the City Carmel LCP Attachment 1
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and other plans, resolutions or ordinances, the policies, standards or provisions of the LCP shall take precedence consistent with the hierarchy established in CMC 17.02.090.
B. All projects defined as Regulated Projects in the Central Coast PCRs shall comply with the Stormwater Technical Guide for Low Impact Development (LID) (Technical Guide for LID) and develop a Stormwater Control Plan (SWCP). Development projects listed in Section 17.43.040 subsection (B) shall also comply with the Technical Guide for LID.
C. All private development projects shall comply with City Standard Operating Guidance 17-07 Private Stormwater Drainage Systems (SOG 17-07).
17.43.040 Stormwater Control Requirements.
A. The following projects shall submit an erosion and sediment control plan, to be approved by the Public Works Director or designee, as part of any building permit application:
1. Projects that (a) include 250 square feet or more of new floor area, or (b) disturb 500 square feet or more of soil, or (c) include any excavation whatsoever, or (d) disturb more than 50 cubic yards of soil.
2. The erosion and sediment control plan shall include controls on grading (i.e., timing and amounts), BMPs for staging, storage, and disposal of construction materials, design specification of erosion and sediment control BMPs, and landscaping/revegetation of graded or disturbed areas.
3. Such projects shall also be subject to a post-construction phase drainage plan, to be approved by the Public Works Director or designee, as part of any building permit application, detailing how stormwater and polluted runoff will be managed or mitigated.
The drainage plan shall demonstrate how runoff will be diverted from impermeable surfaces into permeable areas of the property in a nonerosive manner and filter and infiltrate stormwater prior to conveyance off-site. For development which does not mitigate impacts to water quality only using site design and source control BMPs and for certain special categories of development (see subsection (C) of this section) as defined by the LCP, the drainage plan will be required to demonstrate how treatment control (or structural) BMPs will be used (in addition to site design and source control BMPs) to minimize the discharge of polluted runoff from the project and shall be certified by a California Registered Civil Engineer.
B. Construction projects with 1.0 acre or greater of land disturbance shall comply with all requirement under the State Water Resources Control Board Construction Stormwater General Permit (Order 2009-0009-DWQ as amended by 2010-0014-DWQ Attachment 1
Ordinance No. 2023-007
and 2012-0006-DWQ and subsequent new orders and/or amendments) in addition to an erosion and sediment control plan.
C. Special Categories of Development. A SWCP shall be required for Regulated Projects as defined by the Phase II Permit that include pollutant-generating activities.
D. The SWCP shall include standard permanent and/or operation source control measures for the following pollutant generating activities and sources, designed consistent with recommendations from the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for New Development and Redevelopment:
1. a) Accidental spills or leaks
2. (b) Interior floor drains
3. (c) Parking/storage areas and maintenance
4. (d) Indoor and structural pest control
5. (e) Landscape/outdoor pesticide use
6. (f) Pools, spas, ponds, decorative fountains, and other water features
7. (g) Restaurants, grocery stores, and other food service operations
8. (h) Refuse areas
9. (i) Industrial processes
10. (j) Outdoor storage of equipment or materials
11. (k) Vehicle and equipment cleaning
12. (l) Vehicle and equipment repair and maintenance
13. (m) Fuel dispensing areas
14. (n) Loading docks
15. (o) Fire sprinkler test water
16. (p) Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources
17. (q) Unauthorized non-storm water discharges
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18. (r) Building and grounds maintenance
17.43.040 BMP Maintenance and Conditions of Transfer.
All projects defined as Regulated Projects by the Central Coast PCRs that are required to install structural and treatment control BMPs to meet the requirements of the Central Coast PCRs shall be subject to legal restrictions to ensure the ongoing maintenance of structural and treatment control BMPs required for the project, pursuant to one of the following:
A. Requirements in conditions, covenants, and restrictions (CCRs) for residential properties assigning maintenance responsibilities to the homeowners’ association for maintenance of the structural and treatment control BMPs; or B. Deed restriction, filed with the County Recorder, requiring the present and subsequent owners to assume legal responsibility; or
C. Any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction structural and treatment control BMPs.
D. All documents required under this section shall be in a form approved by the City Attorney and be executed by the applicant as a condition of project approval.
SECTION 3. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea and after approval by the California Coastal Commission.
SECTION 4. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.
INTRODUCED at a Regular City Council Meeting on November 7, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 5th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
Attachment 1
Ordinance No. 2023-007
ABSTAIN:
APPROVED: ATTEST:
________________________ ______________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
ATTACHMENT 2
FINAL VERSION OF CLERICAL CORRECTIONS TO:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2023-007
AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING THE CARMEL MUNICIPAL CODE (CMC) TITLE 17 (ZONING) BY REPEALING AND REPLACING CHAPTER 17.42 (STORMWATER QUALITY AND UTILITY) AND CHAPTER 17.43 (WATER QUALITY PROTECTION); AND FINDING THE SAME
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Carmel-by-the-Sea (“City”) currently regulates all stormwater and non-stormwater runoff entering the storm drain system or waterbodies throughout the City under Title 17, Chapter 17.42 and Title 17, Chapter 17.43 of the Municipal Code; and
WHEREAS, Chapter 17.42 and Chapter 17.43 was last amended in 2004; and WHEREAS, there have been significant changes in state and regional law affecting stormwater and water quality since Chapter 17.42 and Chapter 17.43 was last amended; and
WHEREAS, the work the City does to prevent stormwater pollution is regulated under the jurisdiction of the Central Coast Regional Water Quality Control Board, Region 3, the enforcement arm of the State Water Resources Control Board; and WHEREAS, the State Water Resources Control Board adopted the Phase II Small MS4 General Permit (Water Quality Order No. 2013-0001-DWQ). Since 2013, the State Water Board adopted five amendments to this Permit.; and WHEREAS, the Phase II Small MS4 General Permits require the discharger to develop and implement a Stormwater Management Plan/Program with the goal of reducing the discharge of pollutants to the maximum extent practicable (MEP). MEP is the performance standard specified in Section 402(p) of the Clean Water Act. The management programs specify what best management practices (BMPs) will be used to address certain program areas. The program areas include public education and outreach; illicit discharge detection and elimination; construction and post-construction; and good housekeeping for municipal operations; and
WHEREAS, the Cities of Carmel-by-the-Sea, Monterey, Del Rey Oaks, Sand City, Seaside, Pacific Grove and the County of Monterey are seven local agencies that have joined to develop and implement a regional storm water program for the Monterey Peninsula and surrounding areas. This group meets monthly to discuss urban runoff Attachment 2
Ordinance No. 2023-007
issues and implement components of the Monterey Regional Storm Water Management Program (MRSWMP); and
WHEREAS, the Central Coast Regional Water Quality Control Board adopted Post Construction Requirements (PCR) for development and re-development projects on July 12, 2013. These requirements were implemented by all agencies in the Region, effective March 6, 2014; and
WHEREAS, The City is required to submit an annual report as required by General Permit NO. CAS000004: Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems. The Annual Report describes permit compliance activities performed by the City to implement pollution prevention locally and protect local water quality; and WHEREAS, on November 7, 2023 the City Council held a duly noticed public hearing on the proposed code amendments;
WHEREAS, the City determined this ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines; and
SECTION 1. CEQA Review. This Ordinance is is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000, et seq.), pursuant to Section 15061(b)(3) of the CEQA Guidelines, covering activities with no possibility of having a significant effect on the environment.
The Ordinance adopts local regulations in a manner that complies with federal and state regulations. The Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment and, therefore, does not require environmental review.
SECTION 2. Repeal and Replacement of Chapter 17.42 and Chapter 17.43. Chapter
17.42 and Chapter 17.43 of Title 17 of the City Municipal Code is hereby repealed in its entirety and replaced with the following:
Chapter 17.42
STORMWATER QUALITY AND UTILITY
Sections:
17.42.010 Purpose.
17.42.020 Definitions.
17.42.030 Urban Runoff Water Quality and Discharge Management.
17.42.040 Enforcement.
17.42.010 Purpose.
The provisions of this chapter are intended to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of watercourses and Attachment 2
Ordinance No. 2023-007
waterbodies in compliance with the federal Clean Water Act, the California Coastal Act, and California Porter-Cologne Water Quality Control Act (Porter-Cologne Act) by reducing pollutants in stormwater discharges to the maximum extent practicable, by prohibiting non-stormwater discharges to the storm drain system, and by managing the City’s storm and surface water drainage system. Requirements of this chapter shall be implemented and enforced in accordance with schedules and requirements under the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001- DWQ, National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be amended, and any superseding order, and the Central Coast Regional Water Quality Control Board Resolution No. R3- 2013-0032, Approving Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, as may be amended, and any superseding order.
17.42.020 Definitions.
The terms used in this Chapter shall have the following meanings:
A. Best Management Practices (BMPs) means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, wastewater, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures.
B. California Construction Stormwater General Permit (CGP) means NDPES No. CAS000002, State Water Resources Control Board Order No. 2009-0009-DWQ, as amended by 2010-0014-DWQ and 2012-0006-DWQ, and as may be subsequently amended.
C. California Industrial General Permit (IGP) means the NDPES No.
CAS000001, State Water Resources Control Board Order No. 2014-0057-DWQ as amended in 2015 and 2018, as may be subsequently amended.
D. Illegal Discharge means any direct or indirect discharge to the City’s storm drain system that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit, including discharges allowed in the Phase II Permit Attachment C, Area of Special Biological Significance Specific Provisions, and discharges resulting from firefighting activities.
E. Illicit Connections means either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to Attachment 2
Ordinance No. 2023-007
enter the storm drain system, including but not limited to any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been permitted and approved by the City.
F. Low Impact Development (LID) is an approach to stormwater management that aims to replicate the site’s natural hydrologic balance, using site design strategies to minimize stormwater runoff, integrated with small-scale, distributed structural BMPs that retain stormwater on site via infiltration, evaporation, evapotranspiration, or harvesting for later use.
G. Non-Stormwater Discharge means any discharge to the storm drain system that is not composed entirely of storm water or that contains any pollutant.
H. Phase II Permit means the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be subsequently amended.
I. Pollutant means anything that causes or contributes to water pollution, including but not limited to paints, varnishes, and solvents; oil and other automotive fluids; chemicals in dust from automotive brake pads and tires; non-hazardous liquid and solid wastes; green waste and other yard waste; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and waste; fecal coliform and other pathogens in sewage or other wastewater; dissolved and particulate metals; animal waste; waste and discharges that result from constructing a building or structure (including but not limited to sediment, slurries, and concrete rinsates); and noxious or offensive matter of any kind that may be discharged into the storm drain system or waterbodies.
J. Storm Drain System means any publicly-owned facilities operated by the City by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, storm drain pipes, pumping facilities, stormwater retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures that are within the City.
17.42.030 Urban Runoff Water Quality and Discharge Management.
A. Applicability. This chapter shall apply to all stormwater and non-stormwater runoff Attachment 2
Ordinance No. 2023-007
entering the storm drain system generated on any developed and undeveloped lands within the City.
B. Administration.
1. Responsibility for Administration. The Public Works Director shall administer, implement, and enforce the provisions of this section. Any powers granted to or duties of the Public Works Director may be delegated in writing by the Public Works Director to persons or entities acting in the beneficial interest of or in the employ of the City.
2. Regulatory Consistency. This section shall be construed to ensure consistency with the requirements of the Clean Water Act, Porter-Cologne Act, California Coastal Act, Phase II Permit, California Industrial General Permit (IGP), California Construction Stormwater General Permit (CGP) and statutes and regulations that amend or supplement those Acts and permits.
C. Discharge Prohibitions.
1. General Prohibition. No person shall discharge or cause to be discharged any pollutants or waters containing any pollutants into the municipal storm drain system or watercourses, or any materials that may cause or contribute to a violation of applicable water quality standards. Examples of prohibited discharges or illegal connections to the storm drain system include, but are not limited to:
a. Water from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;
b. Water, cleansers, or solvents from the cleaning of machinery or equipment, and other such commercial and industrial activities;
c. Water from the washing or rinsing of vehicles, that contains soap, detergents, solvents, or other cleaners;
d. Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops, including water from the cleaning or rinsing of vehicle engines, undercarriages, or auto parts;
e. Automotive fluids;
f. Wash Water from floor mat and hood cleaning at food service facilities; g. Food and kitchen cleaning water from food service facilities; h. Grease, food, or wash water from food or kitchen service facilities, or mobile food vendors;
Attachment 2
Ordinance No. 2023-007
i. Leakage from dumpsters or other trash containers;
j. Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;
k. Water from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;
l. Wastewater or cleaning fluids from commercial cleaning operations such as carpet and mat cleaning, pet washing, and vehicle detailing;
m. Swimming pool and spa water;
n. Wash out from concrete trucks, or ready-mix concrete washout; o. Construction debris and fluids, such as, but not limited to, paint, dirt or sediment, chemical products, construction waste, rinse or wash waters; and p. Sewage.
2. The commencement, conduct or continuance of any non-stormwater discharge to the storm drain system is prohibited, except for the following. a. Discharges that are allowed in Attachment C, Area of Special Biological Significance Specific Provisions, of the Phase II Permit.
b. Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of California or the U.S. Environmental Protection Agency; provided that 1) the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and 2) written approval has been granted by the City for any discharge to the storm drain system.
c. Discharges authorized by a written exemption by the City, obtained following written concurrence of the Regional Water Quality Control Board, for specific non-stormwater discharges which are not a source of pollutants to the storm drain system.
3. Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
Attachment 2
Ordinance No. 2023-007
a. The Public Works Director may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this section to eliminate or secure approval for the connection by a specified date. b. If, subsequent to eliminating a connection found to be in violation of this section, the responsible person can demonstrate that an illegal discharge will no longer occur, the person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the expense of the responsible person.
4. Waste Disposal. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained any liquids, powders, refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that they may cause or contribute to any pollutant entering into the storm drain system or any watercourse. Wastes deposited in waste receptacles designated for the purposes of collection are not subject to this prohibition.
5. Discharges in Violation of Permits. Any person subject to an industrial or construction activity NPDES Storm Water Discharge Permit shall comply with all provisions of the permit. Proof of compliance with the permit may be required in a form acceptable to the Public Works Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
D. Regulations and Requirements.
1. Prevention, Control, and Reduction of Stormwater Pollutants. a. Development. The City requires the use of BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects to minimize the generation, transport and discharge of pollutants in stormwater runoff, and to minimize adverse impacts on aquatic environments. All development shall comply with applicable BMP requirements and standards for such development set forth in the Phase II Permit; the California Regional Water Quality Control Board PostConstruction Stormwater Management Requirements for Development Projects in the Central Coast Region, as adopted by the California Regional Water Quality Control Board by Resolution No. R3-2013-0032; the City’s Standard Operating Guidance 17-07 Private Stormwater Drainage Systems (SOG 17-07); and the Monterey Regional Stormwater Management Program (MRSWMP) Stormwater Technical Guide for Low Impact Development (LID). All development shall be designed consistent with such standards and guidance. Applicants shall also ensure that development projects are compliant with applicable local, state, and federal laws and regulatory permit authorities, including U.S. Army Corps of Engineers, California Coastal Commission, Regional Water Quality Control Board, State Water Resources Control Board, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, National Oceanic and Atmospheric Association (NOAA) Monterey Bay National Marine Sanctuary, and in conformance with Low Impact Development site assessment and design standards of Attachment 2
Ordinance No. 2023-007
the Phase II Permit and California Regional Water Quality Control Board PostConstruction Stormwater Management Requirements for Development Projects in the Central Coast Region.
b. Construction Sites. BMPs to reduce pollutants in any storm water runoff activities shall be incorporated in any land use entitlement and/or construction or building-related permit. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and/or building permits as required by the City and as required by the Phase II Permit as amended thereto, including, but not limited to, the requirement to submit, implement, and maintain site-specific construction BMPs as applicable for erosion and sediment control, soil stabilization, source controls, materials and stockpile management, dewatering, and similar pollution prevention measures to prevent dumping or illegal discharges during construction into the storm drain system. c. Any person engaged in activities or operations, or owning facilities or property that may result in pollutants entering stormwater, the storm drain system, or any watercourse, shall take all necessary measures to prevent illicit discharges.
2. Watercourse Protection. Every person owning property through which a watercourse passes, or the person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, stagnant pools of water and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines to protect against erosion and degradation of the watercourse on site and downstream.
3. Remediation. Whenever the Public Works Director finds that a discharge of pollutants into the storm drain system or any watercourse is taking place, has occurred, or is likely to result absent remediation, the Public Works Director shall issue written notice to the owner of the property and/or the responsible person requiring that the pollution be remediated and the affected property restored within a specified time.
17.42.040 Enforcement.
A. Inspection.
1. Authority to Inspect. Whenever necessary to conduct an inspection to enforce any provision of this section, or whenever the Public Works Director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which Attachment 2
Ordinance No. 2023-007
constitutes a violation of this chapter, the Director may request to enter such premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
2. Authority to Sample, Establish Sampling Devices, and Test. During any inspection in compliance with this section, the Public Works Director may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities.
B. Enforcement.
1. Violations Subject to Criminal Penalty. Any violation of this chapter shall be a misdemeanor and shall be subject to penalty in accordance with Chapter 1.16. Such violations may also violate the Clean Water Act, the California Coastal Act, and/or the Porter-Cologne Act and may be subject to penalty under state and federal law including civil and criminal penalties.
2. Violations of this chapter shall also be subject to administrative civil penalties in accordance with Chapter 18.04.
3. Violations of this chapter are declared a public nuisance and shall be subject to abatement in accordance with Chapter 15.57. Nothing in this chapter shall limit the authority of the City to undertake emergency or summary abatement in the manner authorized by law.
Chapter 17.43
WATER QUALITY PROTECTION ORDINANCE
Sections:
17.43.010 Purpose and Intent.
17.43.020 Definitions.
17.43.030 Applicability and Stormwater Management Requirements.
17.43.040 Stormwater Control Requirements.
17.43.050 BMP Maintenance and Conditions of Transfer.
17.43.010 Purpose and Intent.
A. The purpose of this chapter is to protect and enhance coastal waters within the City in accordance with the policies of the City’s Local Coastal Program (LCP; Sections O5- 45 and O5-46), Sections 30230, 30231, 30232 and 30240 of the California Coastal Act, the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013- 0001-DWQ (and subsequent new orders and/or amendments) National Pollution Attachment 2
Ordinance No. 2023-007
Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4) (hereafter Phase II Permit), and the Central Coast Regional Water Quality Control Board (Regional Board) Resolution No. R3-2013-0032 (and subsequent new orders and/or amendments) Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (Central Coast PCRs).
B. The purpose of the chapter is to ensure that permitted development shall be sited and designed to conserve natural drainage features and vegetation, minimize the introduction of pollutants into coastal waters to the maximum extent practicable, limit the discharge of stormwater runoff, and protect the overall quality of coastal waters and resources.
17.43.020 Definitions.
The terms used in this Chapter shall have the following meanings:
A. Best Management Practices (BMPs) means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. BMPs include but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control: runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions that the Public Works Director or designee determines appropriate for the control of pollutants.
B. California Construction Stormwater General Permit (CGP) means the NDPES No. CAS000002, State Water Resources Control Board Order No. 2009-0009- DWQ, as amended by 2010-0014-DWQ and 2012-0006-DWQ, and as may be subsequently amended.
C. California Industrial General Permit (IGP) means the NDPES No.
CAS000001, State Water Resources Control Board Order No. 2014-0057-DWQ as amended in 2015 and 2018, as may be subsequently amended.
D. Central Coast PCRs means the California Regional Water Quality Control Board Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region, as adopted by the California Regional Water Quality Control Board by Resolution No. R3-2013-0032, as may be subsequently amended.
Attachment 2
Ordinance No. 2023-007
E. Environmentally Sensitive Habitat Areas (ESHA) means any areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
F. Low Impact Development (LID) means systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat.
G. Phase II Permit means the State Water Resources Control Board (SWRCB) Water Quality Order No. 2013-0001-DWQ National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4), as may be subsequently amended from time to time.
H. Pollutant means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.
I. Storm Drain System means any publicly-owned facilities operated by the City by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City.
J. Stormwater Control Plan (SWCP). A plan, developed by a development project applicant whose project is subject to the Central Coast PCRs, detailing how the project will achieve compliance with the applicable Post-Construction Stormwater Management Requirements.
17.43.020 Applicability and Stormwater Management Requirements.
A. All properties within the Cityl are located within the coastal zone as defined in the California Coastal Act and are subject to the policies, standards and provisions contained in the certified LCP. Where any standard provided in this chapter conflicts with any other policy or standard contained in the City’s General Plan, Zoning Code or other City-adopted plan, resolution or ordinance not included in the certified Carmel LCP, and it is not possible for the development to comply with both the City LCP and Attachment 2
Ordinance No. 2023-007
other plans, resolutions or ordinances, the policies, standards or provisions of the LCP shall take precedence consistent with the hierarchy established in CMC 17.02.090.
B. All projects defined as Regulated Projects in the Central Coast PCRs shall comply with the Stormwater Technical Guide for Low Impact Development (LID) (Technical Guide for LID) and develop a Stormwater Control Plan (SWCP). Development projects listed in Section 17.43.040 subsection (B) shall also comply with the Technical Guide for LID.
C. All private development projects shall comply with City Standard Operating Guidance 17-07 Private Stormwater Drainage Systems (SOG 17-07).
17.43.040 Stormwater Control Requirements.
A. The following projects shall submit an erosion and sediment control plan, to be approved by the Public Works Director or designee, as part of any building permit application:
1. Projects that (a) include 250 square feet or more of new floor area, or (b) disturb 500 square feet or more of soil, or (c) include any excavation whatsoever, or (d) disturb more than 50 cubic yards of soil.
2. The erosion and sediment control plan shall include controls on grading (i.e., timing and amounts), BMPs for staging, storage, and disposal of construction materials, design specification of erosion and sediment control BMPs, and landscaping/revegetation of graded or disturbed areas.
3. Such projects shall also be subject to a post-construction phase drainage plan, to be approved by the Public Works Director or designee, as part of any building permit application, detailing how stormwater and polluted runoff will be managed or mitigated.
The drainage plan shall demonstrate how runoff will be diverted from impermeable surfaces into permeable areas of the property in a nonerosive manner and filter and infiltrate stormwater prior to conveyance off-site. For development which does not mitigate impacts to water quality only using site design and source control BMPs and for certain special categories of development (see subsection (C) of this section) as defined by the LCP, the drainage plan will be required to demonstrate how treatment control (or structural) BMPs will be used (in addition to site design and source control BMPs) to minimize the discharge of polluted runoff from the project and shall be certified by a California Registered Civil Engineer.
B. Construction projects with 1.0 acre or greater of land disturbance shall comply with all requirement under the State Water Resources Control Board Construction Stormwater General Permit (Order 2009-0009-DWQ as amended by 2010-0014-DWQ Attachment 2
Ordinance No. 2023-007
and 2012-0006-DWQ and subsequent new orders and/or amendments) in addition to an erosion and sediment control plan.
C. Special Categories of Development. A SWCP shall be required for Regulated Projects as defined by the Phase II Permit that include pollutant-generating activities.
D. The SWCP shall include standard permanent and/or operation source control measures for the following pollutant generating activities and sources, designed consistent with recommendations from the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for New Development and Redevelopment:
1. Accidental spills or leaks
2. Interior floor drains
3. Parking/storage areas and maintenance
4. Indoor and structural pest control
5. Landscape/outdoor pesticide use
6. Pools, spas, ponds, decorative fountains, and other water features
7. Restaurants, grocery stores, and other food service operations
8. Refuse areas
9. Industrial processes
10. Outdoor storage of equipment or materials
11. Vehicle and equipment cleaning
12. Vehicle and equipment repair and maintenance
13. Fuel dispensing areas
14. Loading docks
15. Fire sprinkler test water
16. Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources
17. Unauthorized non-storm water discharges
Attachment 2
Ordinance No. 2023-007
18. Building and grounds maintenance
17.43.040 BMP Maintenance and Conditions of Transfer.
All projects defined as Regulated Projects by the Central Coast PCRs that are required to install structural and treatment control BMPs to meet the requirements of the Central Coast PCRs shall be subject to legal restrictions to ensure the ongoing maintenance of structural and treatment control BMPs required for the project, pursuant to one of the following:
A. Requirements in conditions, covenants, and restrictions (CCRs) for residential properties assigning maintenance responsibilities to the homeowners’ association for maintenance of the structural and treatment control BMPs; or B. Deed restriction, filed with the County Recorder, requiring the present and subsequent owners to assume legal responsibility; or
C. Any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction structural and treatment control BMPs.
D. All documents required under this section shall be in a form approved by the City Attorney and be executed by the applicant as a condition of project approval.
SECTION 3. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea and after approval by the California Coastal Commission.
SECTION 4. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.
INTRODUCED at a Regular City Council Meeting on November 7, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 5th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 2
Ordinance No. 2023-007
APPROVED: ATTEST:
________________________ ______________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
December 4, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Urgency Ordinance of the City Council of the City of Carmel-by-the-Sea Regarding Mills Act Contracts
Recommendation: Motion to adopt Urgency Ordinance of the City Council of the City of Carmel-by-the-Sea Regarding Mills Act Contracts.
RECOMMENDATION:
Motion to adopt Urgency Ordinance of the City Council of the City of Carmel-by-the-Sea Regarding Mills Act Contracts.
BACKGROUND/SUMMARY:
The Mills Act is found in Government Code Sections 50280 to 50290 (Historic Property Contracts) and the related Sections in the Revenue and Taxation Code Sections 439 to 439.4.
The Mills Act authorizes a city to contract with the owner of property for the preservation of a qualified historical property.
Section 17.32.010 of the City of Carmel-by-the-Sea (“City”) Municipal Code, hereafter “CMC”, describes the purposes of Chapter 17.32 “Historic Preservation” to establish standards, procedures and regulations to promote identification, and preservation, and enhancement of historic resources including buildings, structures, objects, sites, districts and archaeological resources that represent the unique architectural, cultural, historic and prehistoric identity of Carmel-by-the-Sea.
Section 17.32.100 B 6 c of the City Municipal Code identifies the findings that the Historic Resources Board (HRB) and the City Council shall make to grant approval of a Mills Act contract.
City Council Resolution No. 2016-068 limits the number of Mills Act contracts that can be approved to fifteen (15) in any three year calendar period.
On November 7, 2023, the City Council reviewed the Mills Act policies of the City which include Chapter
17.32 of the Municipal Code and Resolution 2016-068 and gave direction for an Urgency Ordinance to be presented to the City Council whereby the City would not accept any applications for a Mills Act contract until after the City has completed its review of the City Mills Act policies.
The proposed Urgency Ordinance does not apply to the four Mills Act Contracts that were presented to the City Council at its meeting on October 3, 2023.
FISCAL IMPACT:
No direct fiscal impact for this action.
PRIOR CITY COUNCIL ACTION:
Adoption of Municipal Code Chapter 17.32 “Historic Preservation”.
Adoption of City Council Resolution No. 2016-068.
ATTACHMENTS:
Attachment 1) Urgency Ordinance No. 2022-008
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
URGENCY ORDINANCE NO. 2023-008
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA REGARDING MILLS ACT CONTRACTS WHEREAS, the Mills Act is found in Government Code Sections 50280 to 50290 (Historic Property Contracts) and the related Sections in the Revenue and Taxation Code Sections 439 to 439.4; and
WHEREAS, the Mills Act authorizes a city to contract with the owner of property for the preservation of a qualified historical property; and
WHEREAS, Section 17.32.010 of the City of Carmel-by-the-Sea (“City”) Municipal Code, hereafter “CMC”, describes the purposes of Chapter 17.32 “Historic Preservation” to establish standards, procedures and regulations to promote identification, and preservation, and enhancement of historic resources including buildings, structures, objects, sites, districts and archaeological resources that represent the unique architectural, cultural, historic and prehistoric identity of Carmel-by-the-Sea; and
WHEREAS, Section 17.32.100 B 6 c of the City Municipal Code identifies the findings that the Historic Resources Board (HRB) and the City Council shall make to grant approval of a Mills Act contract; and
WHEREAS, City Council Resolution No. 2016-068 limits the number of Mills Act contracts that can be approved to fifteen (15) in any three year calendar period; and WHEREAS, on November 7, 2023, the City Council reviewed the Mills Act policies of the City which include Chapter 17.32 of the Municipal Code and Resolution 2016-068 and gave direction for an Urgency Ordinance to be presented to the City Council whereby the City would not accept any applications for a Mills Act contract until after the City has completed its review of the City Mills Act policies; and
WHEREAS, this Urgency Ordinance does not apply to the four Mills Act Contracts that were presented to the City Council at its meeting on October 3, 2023; and WHEREAS, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety to allow the City sufficient time to the complete review of the City Mills Act Contract policies and make any necessary changes to those policies to ensure historic preservation as provided by Chapter 17.32 of the CMC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Findings. The City Council of the City of Carmel- by- the-Sea incorporates the Recitals above by reference as though fully set forth here.
SECTION 2. Codification. This Ordinance shall not be codified in the City of Carmel-by-the-Sea Municipal Code.
Attachment 1
Urgency Ordinance No. 2023-008
SECTION 3. CEQA/Environmental Findings. The City Council exercises its independent judgment and finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Urgency Ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this Urgency Ordinance may have a significant adverse effect on the environment, the adoption of this Urgency Ordinance is exempt from CEQA.
SECTION 4. Mills Act Contracts. The City will not accept or process any applications for Mills Act Contracts during the time that this Urgency Ordinance is in effect except that this Urgency Ordinance does not apply to the four Mills Act Contracts that were presented to the City Council at its meeting on October 3, 2023.
Section 5. Authorization of City Administrator. The City Administrator and his/her designee(s) are hereby authorized to take all necessary action to implement and enforce this Urgency Ordinance.
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of Urgency Ordinance. The City Council declares that it would have passed this Urgency Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Urgency Ordinance would be subsequently declared invalid or unconstitutional.
Section 7. Effective Date and Duration. This Urgency Ordinance enacted under California Government Code Section 36937 will take effect immediately upon adoption by a four fifths (4/5) vote of the City Council. This Urgency Ordinance will remain in effect until rescinded by the City Council.
Section 8. Publication. The City Clerk is directed to certify this Urgency Ordinance and cause it to be published in the manner required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this 4th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
______________________________ _______________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1