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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2024-002
AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING CHAPTER
10.36.010 OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE BY ADDING SUBSECTION (1), UNDER SECTION (C); IDENTIFYING COMMERCIAL LOADING ZONES TO COMPLY WITH CVC 22500 AND ASSEMBLY BILL 413-THE "DAYLIGHTING BILL"
WHEREAS, on October 2023, Governor Gavin Newson signed Assembly Bill 413 (AB 413) into law, which aims to increase visibility at crosswalks across California; and WHEREAS, AB 413 went into effect January 1, 2024, and enforcement is required to begin on January 1, 2025; and
WHEREAS, AB 413, also known as the “Daylighting Bill,” adds adds subdivision (n) to the existing California Vehicle Code section 22500: Stopping, Standing and Parking, generally prohibiting the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any marked or unmarked crosswalk, or within 15 feet of any crosswalk where a curb extension is present; and
WHEREAS, AB 413 allows local authority to permit commercial loading or unloading in areas impacted by AB 413 if the local authority: (a) authorizes the commercial vehicle loading and unloading by ordinance and identifies the specific locations in the ordinance; and (b) marks the commercial loading and unloading zones with paint or signage; and WHEREAS, the Traffic Safety Committee (TSC) has analyzed accident data for the City from the past six years and has identified intersections that have the highest probability for pedestrian versus vehicle accidents, determined the number of parking spaces in the business district, and have come up with a plan to convert certain areas into loading zones in compliance with AB 413; and
WHEREAS, on August 28, 2024, the TSC presented the draft AB 413 Parking Plan to the public, and on October 1, 2024, the TSC presented the plan to City Council; and WHEREAS, the proposed AB 413 Parking Plan brings the City into compliance with AB 413 and allows for flexibility based on future needs of the City while limiting the impact on the City’s existing available parking. Future changes to the plan would be made by the TSC, unless required to be made through the City Council; and
WHEREAS, the City Council gave direction to staff on October 1, 2024 to return with a draft ordinance amending Carmel-by-the-Sea Municipal Code Chapter 10.36.010 “Loading Zones” to identify the areas converted to Commercial Loading Zones and to begin implementation of the proposed parking plan associated with AB 413.
Attachment 1
Ordinance No. 2024-002
THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.36.010 is hereby amended, to add Subsection (C)(1) as follows:
10.36.010 Loading Zones – Indication.
A. The City Council is authorized to determine and to mark loading zones as follows:
1. At any place in the central traffic district or any business district.
2. Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
B. In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes exclusive of the passenger loading zones at the entrances to public theaters.
C. Commercial loading zones and combined commercial loading and passenger loading zones shall be indicated by a yellow paint line stenciled with black letters, “Loading Only,” upon the tops of all curbs within such zones, and the combined commercial loading and passenger loading zone shall in addition be marked with a suitable sign.
1. Per California Vehicle Code section 22500 and AB 413, Commercial Loading Zones are permitted within 20 feet of the vehicle-approach side of the crosswalk(s), marked or unmarked, at each of the following intersections. If a curb extension is present, the Commercial Loading Zones are permitted within 15 feet of the crosswalk(s) marked or unmarked, at each of the following intersections. Curbs shall be painted yellow and stenciled with black letters indicating “Commercial Loading 20 Minutes Only”:
x Northside of 4th, East of Mission
x Westside of Mission, North of 4th
x Northside of 4th, East of San Carlos
x Eastside of San Carlos, South of 4th
x Westside of Junipero, North of 5th
x Eastside of Junipero, South of 5th
x Westside of Mission, North of 5th
x Eastside of San Carlos, South of 5th
x Eastside of Dolores, South of 5th
x Eastside of Lincoln, South of 5th
x Westside of Mission, North of 6th
Attachment 1
Ordinance No. 2024-002
x Eastside of Mission, South of 6th
x Southside of 6th, West of Mission
x Westside of San Carlos, North of 6th
x Eastside of San Carlos, South of 6th
x Southside of 6th, West of San Carlos
x Westside of Dolores, North of 6th
x Northside of 6th, East of Lincoln
x Eastside of Lincoln, South of 6th
x South side of 6th, West of Lincoln
x Eastside of Monte Verde, South of 6th
x Southside of 7th, West of Junipero
x Northside of 7th, East of San Carlos
x Westside of San Carlos, North of 7th
x Southside of 7th, West of San Carlos
x Northside of 7th, East of Dolores
x Westside of Dolores, North of 7th
x Eastside of Dolores, South of 7th
x Southside of 7th, West of Dolores
x Northside of 7th, East of Lincoln
x Eastside of Lincoln, South of 7th
x Westside of Lincoln, North of 7th
x Northside of 7th, East of Monte Verde
x Northside of 8th, East of Lincoln
x Westside of Dolores, North of 8th
x Eastside of Dolores, South of 8th
x Westside of San Carlos, North of 8th
Attachment 1
Ordinance No. 2024-002
x Northside of 8th, East of San Carlos
x Northside of 8th, East of Camino Real
x Southside of 8th, West of Camino Real
x Northside of 8th, East of Carmelo
x Southside of 8th, West of Carmelo
x Southside of 9th, West of Dolores
x Southside of 9th, West of San Carlos
x Eastside of San Carlos, South of 12th
D. Passenger loading zones shall be indicated by a white line stenciled with black letters, “Passenger Loading Only,” upon the tops of all curbs in the zones.
SECTION 2. Environmental Determination. The proposed amendments are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (exemption for minor alterations to land) because restriping of pavement, painting curbs, and related actions to implement the commercial loading restrictions are minor alterations in the condition of land that do not involve removal of healthy, mature, scenic trees. The proposed amendments are also categorically exempt from CEQA pursuant to CEQA Guidelines section 15301 (Class 1 Existing Facilities exemption) because restriping of pavement, painting curbs, and related actions are minor alterations of existing public facilities that involve no expansion of existing or former use. Further, none of the exceptions to the use of a categorical exception as set forth in CEQA Guidelines section 15300.2 apply to these improvements. Additionally, this matter does not have the potential for causing a significant effect on the environment, pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves only general policy and procedure making.
SECTION 3. 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.
SECTION 4. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea.
Attachment 1
Ordinance No. 2024-002
SECTION 5. Codification. The City Clerk is hereby authorized and directed to codify the provisions of Section 1 of this Ordinance into the Carmel-by-the-Sea Municipal Code.
INTRODUCED, at a Regular City Council Meeting on November 5, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ____ day of ___________ 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
______________________________ _____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2024-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING
THE CITY ADMINISTRATOR TO ESTABLISH AND ADOPT THE NEW CLASS SPECIFICATION AND
SALARY SCHEDULE OF LIBRARY ASSOCIATE, ADOPT REVISIONS TO THE CURRENT LIBRARIAN
I AND II CLASSES AND NEW SALARY SCHEDULES IN ACCORDANCE WITH MUNICIPAL CODE
2.52.520
WHEREAS, there is a Memorandum of Understanding (MOU) between the City and general employees represented by the Laborers’ International Union of North America, United Public Employees of California; and
WHEREAS, in December 2019 the City of Carmel-by-the-Sea approved a new MOU with the Laborers’ International Union of North America, United Public Employees of California (LiUNA/UPEC), and two side letters committing the City to undertake two classification studies including Public Works Maintenance classes and Library classes; and
WHEREAS, after pandemic delays the Public Works study was completed in late 2022 and the Library study has been ongoing since 2023; and
WHEREAS, the City has the goal of compensating its employees at a competitive and fair level considering the relevant labor market, while encouraging employees to maintain long-term employment with the City to provide knowledgeable and first-class municipal services to the City’s residents and visitors; and
WHEREAS, the City and LiUNA/UPEC have reached an agreement which is embodied in the attached Memorandum of Understanding for the period of July 1, 2022 through June 30, 2024; and WHEREAS, Municipal Code 2.52.520 and amendments thereto provide, among other things that the City Council establish the legal current salary range from the salary schedule for each class of position; and
WHEREAS, the salary resolution is adopted annually or periodically by the City Council upon review and recommendation of the City Administrator; and
WHEREAS, the California Public Employee’s Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City to publish pay rates and ranges on the City’s internet site and the City Council to approve the pay rates and range in its entirety each time a modification is made; and WHEREAS, staff recommends that the City Council adopt the current City pay rates and ranges for General Unit classifications be amended.
Attachment 1
Resolution 2024-094
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1. Authorize and approve the City Administrator to establish the new Supervising Librarian and Library Associate job descriptions (Exhibits A & B)
2. Authorize and approve the City Administrator to establish the salary ranges below:
Library
Assistant (no
change)
G204
Hourly: $28.13 $29.54 $31.01 $32.56 $34.20
Monthly: $4,875.87 $5,120.27 $5,375.07 $5,643.73 $5,928.00 Annual: $58,510.40 $61,443.20 $64,500.80 $67,724.80 $71,136.00 Library
Associate
G234
Hourly: $30.94 $32.49 $34.12 $35.83 $37.62
Monthly: $5,362.93 $5,631.60 $5,914.13 $6,210.53 $6,520.80 Annual: $64,355.20 $67,579.20 $70,969.60 $74,526.40 $78,249.60 Librarian G254
Hourly: $36.67 $38.50 $40.43 $42.45 $44.57
Monthly: $6,356.13 $6,673.33 $7,007.87 $7,358.00 $7,725.47 Annual: $76,273.60 $80,080.00 $84,094.40 $88,296.00 $92,705.60 Supervising
Librarian
G254
Hourly: $40.34 $42.35 $44.47 $46.69 $49.03
Monthly: $6,992.27 $7,340.67 $7,708.13 $8,092.93 $8,498.53 Annual: $83,907.20 $88,088.00 $92,497.60 $97,115.20 $101,982.40
3. Adopt revisions to the current Library Assistant, Librarian I, and Librarian II classes and retitle the Librarian I as Librarian and Librarian II as Supervising Librarian.
4. Reallocate four (4) of the current full-time Library Assistant positions to the newly adopted Library Associate class.
5. Place employees in the new/revised class at salary steps in accordance with Carmel Municipal Code 2.52.570 Salary Determination – Promotions
6. Modify the LiUNA Management Unit to add the class of Supervising Librarian and modify the LiUNA General Unit to delete the class of Librarian II.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of December, by the following roll call vote:
AYES:
NOES
ABSENT:
ABSTAIN:
Attachment 1
Resolution 2024-094
APPROVED: ATTEST:
_____________________________ _________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
CITY OF CARMEL BY THE SEA
SUPERVISING LIBRARIAN
DEFINITION
Under general supervision, performs a variety of professional Library duties in the areas of adult and/or youth services; outreach; collection development; special collections, cataloging, technical services, reference, and/or other areas as assigned; provides technical and/or direct library services to the community and contributes to the development of programs and services for target audiences; identifies current community needs/interests and projects future needs; performs related work as required. Provides supervision for assigned staff.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Library and Community Activities Director. Exercises functional and technical supervision and training to less experienced librarians, paraprofessional, clerical, and technical staff and/or volunteers.
CLASS CHARACTERISTICS
This is the supervisory level class in the professional Librarian series. Incumbents are expected to function independently with programs, projects, technical assignments, and to provide training and supervision to staff and volunteers. Incumbents at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the assigned program or service area.
The Supervising Librarian is distinguished from Library and Community Activities Director by the latter’s greater complexity of assignments, responsibilities that span multiple Library service areas, and overall administration of the department. It is distinguished from the Librarian class by its supervisory responsibilities and breadth of knowledge of specialty areas.
EXAMPLES OF IMPORTANT/ESSENTIAL DUTIES
¾ Provides citywide leadership in the area of assignment and/or general library operations. ¾ Oversees/supervises assigned professional, paraprofessional, and technical/clerical staff, and supervision to assigned staff including scheduling for assigned area. ¾ Participates in the selection, direction, training, and supervision of staff; assigns and schedules work and evaluates staff performance; counsels employees and recommends disciplinary action if/when appropriate.
¾ Develops, implements, and evaluates services and programs. Provides routine to complex assistance and advice to library users in the effective use of Library collections, facilities and services; demonstrates the use of library resources, tools, equipment, and electronic resources.
¾ Answers readers’ advisory and reference questions by accessing a variety of print and nonprint resources. ¾ Leads the development and management of library collections; reviews and analyzes collection use; selects and de-selects a variety of materials and e-resources for purchase based on community and user needs and attention to the variety of ages, abilities, education, interests, languages, cultures, and socioeconomic backgrounds; may select Attachment 2
materials and e-resources for an assigned area of a branch collection or for the systemwide collection; manages collection budgets on a branch or system-wide basis. ¾ Provides input on policy and procedure revisions and acquisition of equipment. ¾ Oversees maintenance of on-line public access catalog and all other computerized systems and equipment.
¾ Participates in the development and administration of the assigned Library annual budget; assists the Director in forecasting the additional funds needed for staffing, equipment, materials, and supplies.
¾ May participate in the development of RFP’s and the negotiation of vendor contracts and service level agreements.
¾ Provides outreach to community organizations, and schools; informs community members and organizations about library services, programs, collections, and resources and serves as liaison with patrons, community groups and other departments; provides information on available resources, programs, and/or services.
¾ Organizes, maintains, and catalogs/indexes a variety of print and digital materials. ¾ Performs copy and original cataloging of print and non-print materials; creates, maintains, and updates catalog records.
¾ Oversees copy cataloging and creates original cataloging records, maintains library standards for bibliographic records, upgrades catalog records as needed, and interprets cataloging policies to staff.
¾ Directs the preparation of exhibits and displays; organizes and presents both live and virtual programs and events.
¾ Participates in meetings, committees, or projects intended to enhance services or promote consistent policies and procedures across the library.
¾ Participates with management and library staff in long-range planning for library services including evaluation and recommendation of purchases.
¾ Oversees the maintenance and improvements to the Library’s website and integrated Library System (ILS).
¾ Responds to suggestions, requests, or concerns from library users, community members, and staff.
¾ Participates in continuing education programs and professional development as appropriate. ¾ Represents the library in meetings with the community or special interest groups. ¾ Participates in library meetings related to assigned area. ¾ Develop and oversee acquisition procedures; select suppliers and coordinate supply activities including periodicals, magazines, and newspapers. ¾ Oversees circulation activities including lending and return activities, coordinating requests for and distribution of materials for shut-in patrons; receive and process request for book selections.
¾ Maintains and compile library activity reports and statistics. ¾ Performs other duties as assigned.
JOB RELATED/ESSENTIAL QUALIFICATIONS
Knowledge of:
¾ Principles, practices, and procedures of professional library work, including library reference, reader’s advisory, community outreach, collection development, special collections and other professional library services.
¾ Principles, and practices of staff supervision, training, counseling, performance evaluation, and the disciplinary process.
¾ Practices of adult and youth services, including provision of reader’s advisory services, program presentation, and service promotion.
Attachment 2
¾ Principles, techniques, and procedures in cataloging, indexing, classifying, and organizing library materials.
¾ Principles, practices, and techniques of public relations, community outreach, and service promotion.
¾ Principles, practices, and techniques of creating, organizing, and presenting a variety of programs for library users.
¾ Principles and techniques used in research.
¾ Library materials selection, de-selection, and weeding standards. ¾ Technological, professional, and societal developments, current literature, and sources of information related to library services.
¾ Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
¾ Record keeping principles and procedures.
¾ Modern office practices and technology.
¾ English usage, grammar, spelling, vocabulary, and punctuation. ¾ Techniques for effectively representing the Library in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations, and the public.
¾ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, other local agencies, and Library staff.
Ability to:
¾ Hire, train, supervise, motivate, and evaluate assigned staff. ¾ Create, organize, and/or present appropriate programs for target audiences. ¾ Advise library users on reference sources and methods. ¾ Perform detailed reference searches using online, print, and other methods. ¾ Provide reader’s advisory services and referrals to library users. ¾ Instruct library users and staff in the use of catalogs and reference tools. ¾ Identify the needs of the public and assist with collection development by evaluating and recommending materials for acquisition.
¾ Evaluate technology, recommend standards, and make appropriate recommendations for purchase and implementation of software or other technology products. ¾ Use initiative and independent judgment.
¾ Organize own work and the work of others, set priorities, and meet deadlines. ¾ Maintain accurate records and files.
¾ Prepare clear and concise reports and other written materials. ¾ Use technology to assist library users to conduct research, prepare reports, and use email and other communications technologies.
¾ Interact tactfully and diplomatically during interactions with staff, the public, and community groups while appropriately adhering to and enforcing library policies, procedures, and practices.
¾ Make sound, independent decisions within established policy and procedural guidelines. ¾ Use English effectively to communicate orally and in writing. ¾ Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
¾ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Attachment 2
Master of Library and Information Science (MLIS), Master of Library Science (MLS), or Master of Science in Library Science (MSLS) degree from an accredited college or university; two (2) years of experience as a professional librarian.
Previous supervisory experience is desirable.
Possession of a California driver’s license, Class C may be required.
Possession of a California driver’s license, Class C may be required.
Special Requirements:
Physical Demands
Must possess mobility to work in a standard office and library setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; hearing and speech to communicate in person, before groups, and over the telephone; and the ability to operate a motor vehicle in order to travel to various branches, meeting sites, educational institutions, and community events. This classification primarily works indoors and requires movement between work areas. Finger dexterity is needed to access, enter, and retrieve materials and data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. May push and pull carts and shelving units weighing up to fifty (50) pounds. Positions in this classification occasionally shelve books and lift and carry reports, records, and materials that typically weigh less than twenty-five (25) pounds.
Work Environment
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances; some outreach assignments may involve outdoor work. Employees may interact with staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Employees in assignments providing direct assistance to the public may encounter abrasive, disruptive, and/or disorderly members of the community.
May be required to work flexible schedules including evenings and weekends.
Attachment 2
EXHIBIT B
CITY OF CARMEL BY THE SEA
LIBRARY ASSOCIATE
DEFINITION
Under general supervision, performs a variety of paraprofessional duties that follow established procedures and involve a variety of library support services such as reference, readers’ advisory, outreach, program support and collection maintenance; provides direct patron support through instruction and aid in the use of library resources; provides supplemental circulation services and performs related duties as required.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from a Supervising Librarian or the Library and Community Activities Director. May provide technical direction to clerical or technical staff and/or volunteers.
CLASS CHARACTERISTICS
This is a paraprofessional level class, functioning as support staff to Librarians by assisting library users with reference questions and readers’ advisory, and providing other program support. At this level incumbents work independently within identified parameters and resolve problems of diverse scope where analysis requires evaluation of identifiable factors. This class is distinguished from the Librarian class series in that the Librarian requires broader technical knowledge and training in library services. This class is distinguished from the Library Assistant in that the Library Associate requires the performance of paraprofessional duties of a broader nature such as program planning and development and community outreach activities.
EXAMPLES OF IMPORTANT/ESSENTIAL DUTIES
¾ Receives and responds to questions from library users concerning resources; answers reference questions from users, may collaborate with other library staff and direct more difficult reference questions to appropriate staff. Responds to suggestions, requests, or concerns from library users or community members.
¾ Plans, develops, and presents programs and conducts education and training for a variety of groups within the library and within the community including but not limited to story time and book clubs.
¾ May serve as a liaison with the patrons and various community groups with respect to planning and conducting programs.
¾ Performs outreach activities within the community as assigned. ¾ Assists Librarians with larger programs/events as assigned. ¾ Assists internal and external customers in person, over the telephone and through electronic communication.
¾ Monitors equipment and work area problems; coordinate purchases or repairs necessary to resolve issues/problems.
Attachment 3
EXHIBIT B
¾ May suggest books and materials for purchase or de-selection; may participate in the ordering and procurement of materials.
¾ Uses a computer to enter and retrieve information, locate library materials and to check materials in and out; receives and processes requests and holds. ¾ Provides information regarding library services, policies, and procedures and the location and use of library materials and equipment.
¾ May compile library activity reports and statistics.
¾ Maintains positive relationships with other staff and members of the public. ¾ Performs other duties as assigned.
JOB RELATED/ESSENTIAL QUALIFICATIONS
Knowledge of:
¾ Principles, practices, and procedures of paraprofessional library work, including library reference, reader’s advisory, community outreach, collection development, special collections and other professional library services.
¾ Principles and techniques used in the development and presentation of outreach and library programs.
¾ Core library operating principles, including confidentiality of customer information, freedom of information, and intellectual freedom.
¾ Techniques for providing a high level of customer service by effectively working with the public, vendors, contractors and Library staff.
¾ Alphabetic and numeric systems for classifying and organizing library materials. ¾ Standard library practices and procedures including circulation. ¾ Applications of automated library systems.
¾ Principles, practices, and techniques of effectively dealing with the public and public relations. ¾ Library classification, cataloging, and bibliographic terminology. ¾ Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
¾ Basic record keeping principles and procedures.
¾ Basic principles and practices of data collection and report preparation. ¾ Basic arithmetic principles and cash handling.
¾ Modern office practices, methods and computer equipment. ¾ English usage, grammar, spelling, vocabulary, and punctuation. ¾ Applicable Federal, State, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
¾ Record keeping principles and procedures.
¾ Modern office practices and technology.
¾ English usage, grammar, spelling, vocabulary, and punctuation. ¾ Techniques for effectively representing the Library in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations, and the public.
¾ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, other local agencies, and Library staff.
Ability to:
¾ Perform paraprofessional and basic professional library tasks as assigned including reference, readers’ advisory, collection management, outreach, and program development and support.
Attachment 3
EXHIBIT B
¾ Advise library users on the use of library resources, equipment, and facilities. ¾ Organize own work, set priorities, and meet deadlines. ¾ Interpret, explain, and apply all relevant Library policies and procedures, and applicable Federal and State laws, codes, and regulations.
¾ Understand customer’s needs and deliver services by focusing on the customer. ¾ Explain policies and procedures to library users.
¾ Take initiative to ensure a positive and successful customer experience by contributing to finding solutions, regardless of assigned responsibility. ¾ Use computers and other technology to assist customers, conduct research, prepare reports, and use email and other communications technologies.
¾ Use tact, initiative, prudence, and independent judgment to make sound, independent decisions within established policy, procedural, and legal guidelines. ¾ Use English effectively to communicate in person, over the telephone, and in writing. ¾ Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
¾ Respond to customers and address customer issues in a timely, accurate, courteous, and respectful manner.
¾ Keep relevant parties informed of all major issues; recommend changes if/where appropriate.
¾ Establish, maintain and foster positive and effective working relationships with those contacted in the course of work.
Education and Experience:
Any combination of education and experience that demonstrates the required knowledge and ability is qualifying. A typical way to obtain the required qualifications is:
A bachelor’s degree and two (2) years of library experience.
Additional library experience may substitute for the required education on a 2:1 basis (e.g. two (2) years’ experience = one (1) year of library science education).
Possession of a California driver’s license, Class C may be required.
Special Requirements:
Physical Demands
Must possess mobility to work in a standard office and library setting and use standard office equipment, including a computer; vision to read printed materials and a computer screen; hearing and speech to communicate in person, before groups, and over the telephone; and the ability to operate a motor vehicle in order to travel to various branches, meeting sites, educational institutions, and community events. This classification primarily works indoors and requires movement between work areas. Finger dexterity is needed to access, enter, and retrieve materials and data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push and pull drawers open and closed to retrieve and file information. May push and pull carts and shelving units weighing up to fifty (50) pounds. Positions in this classification occasionally shelve books and lift and carry reports, records, and materials that typically weigh less than twenty-five (25) pounds.
Attachment 3
EXHIBIT B
Work Environment
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances; some outreach assignments may involve outdoor work. Employees may interact with staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Employees in assignments providing direct assistance to the public may encounter abrasive, disruptive, and/or disorderly members of the community.
May be required to work flexible schedules including evenings and weekends.
Attachment 3
City of Carmel by the Sea
_____________________________________________________________________________ Exhibit A
Side Letter between LiUNA and the City of Carmel by the Sea dated Classification and Compensation
The City will undertake a review of the Public Works Maintenance related classes as well as the Librarian series and Library Assistant classes, including the Circulation Supervisors position. The City will begin this study within 90 days of the approval of the MOU. It is anticipated that this will take approximately nine (9) months to complete at which time the City will meet and confer with LiUNA to discuss the findings. If the study is not completed within nine (9) months, the City will provide bi-weekly progress updates to LiUNA until the study has been completed and shared with LiUNA.
Attachment 4
City of Carmel by the Sea
_____________________________________________________________________________ 1 City of Carmel by the Sea
Classification and Compensation Review of Library Staff Introduction
Carmel-by-the-Sea is a beautiful and quaint coastal community located on the Monterey Peninsula. It is famous for its European-style village, picturesque white sand beach, and dog friendly downtown with hundreds of shops, restaurants, and art galleries. Carmel is a popular tourist destination and offers a wide variety of cultural activities to its residents and visitors.
Carmel’s population is approximately 4,000 residents.
The City of Carmel-by-the-Sea (“The City”) is a general law city with a City Council/City Administrator form of government. The City Council is comprised of four generally elected Councilmembers and an elected Mayor. Traditionally, the City Council adopts annual goals and objectives for the City that strongly value the City’s community character, long-term vitality, organizational effectiveness, and fiscal stability.
Background
In November of 2019, the City of Carmel by the Sea and the Union (LiUNA) agreed to a side letter to undertake a review of the Library classes.
The City Council approved the successor Memorandum of Understanding with LiUNA in 2019. The City had plans to begin the study in the spring when the 2020 Coronavirus Pandemic shut down operations and beginning the study was delayed. A study of the classes in the Public Works Department was undertaken in 2021 and completed in 2022. The Library study began in March 2023. Sloan Sakai Yeung and Wong consultant Georgia Cochran was contracted by the City of Carmel by the Sea to undertake this review.
Carmel Library
The Carmel Library consists of the Harrison Memorial Library, the Park Branch Library, and a local history collection. It serves as an efficient medium for the free and equitable distribution and exchange of books, information, and ideas; and a recognized social center providing the community with a place to learn, interact and gather. The Library aspires to be a welcoming place, in-person and virtually, where reading, learning and imagination thrive; a recognized leader and respected voice in our community; and a model library in our industry.
The Library is governed by a five-member Board of Trustees appointed by the City Council. The Harrison Memorial Library Board of Trustees, the Carmel Public Library Foundation, Harrison Memorial Library Friends of the Library, and the City work together in partnership to sustain the vital and historic tradition of providing free public library service of excellent quality for the residents and visitors of the City of Carmel and the Monterey Peninsula.
Attachment 5
City of Carmel by the Sea
_____________________________________________________________________________ 2 This report is focused mainly on the appropriate classes used in the Library and provides both classification and compensation recommendations.
The Carmel Library organization chart is provided below for context to this report.
Methodology/Tasks
The study began in March of 2023 with a discussion of the proposed methodology for data gathering which included data collection from incumbents as well as supervisors and including comments from Ashlee Wright, the Director of Library and Community Services.
Library employees were asked to complete a position description questionnaire (PDQ) to provide information about their assignment, tasks, background, and other data. The documents were submitted by employees in March 2023.
Follow up interviews were done in March and April 2023 via telephone with Library staff which included:
Name Job Title/Assignment Length of Service (at
time of interview)
Katie O’Connell Librarian II/Local History/Park Branch 7 years Lea Ann MacDonald Librarian II/Youth Services 10 months Aubrey Young Librarian/Technical Services/Harrison Library 8 months Sarah Cohen Librarian (part time) 5 months
Community
Services
Library &
Community
Services Director
Local History
Librarian II
Technical
Services
Librarian I
Librarian I (PT)
Youth Services
Librarian II
Library Assistant
(2.0 FTE) Librarian I (PT)
Reference
Librarian II
Library Assistant
(2.0 FTE)
Library Assistant
(2.0 PT)
Executive
Assistant
Attachment 5
City of Carmel by the Sea
_____________________________________________________________________________ 3 Sierra Eng-Hampton Librarian (part time) 7 months
Jeanette Campbell Library Assistant /Harrison Library 28 years Renee Martine Library Assistant/Park & Harrison Libraries 27 years Michaela Carroza Library Assistant/Park Library 10 years Afza Irani Library Assistant/Harrison Library 1 year 3 months Randy Nolan Library Assistant (part time)/Harrison Library 1 year 5 months Cindy McConnell Library Assistant (part time)/Harrison Library 1 year 3 months Following a review of all the information obtained the City’s current class specifications were reviewed against the notes from the individual interviews and drafts of revised/new class specifications began.
After discussions with LiUNA regarding the class structure, a salary survey was conducted using the Library Assistant II and the Librarian classes as benchmarks. The results of that survey (attached) indicate that the Library Assistants were slightly above market (using the City’s traditional coastal agencies as comparators) and the Librarian class was below market.
Findings/Observations
The City’ Library operations are small. The City has multiple Librarian classes (Reference Librarian, Technical Services Librarian, etc.), which can limit the Library’s ability to assign professional staff where needed. It was noted that the full time Library Assistants were performing beyond the typical clerical/technical definition and spent a significant amount of their time performing what is best termed as ‘para-professional’ duties, including multiple outreach activities and developing and conducting programs such as story time. While these duties do not rise to the level of a Librarian, the para-professional duties justify a separate class to distinguish it from a Library Assistant.
All the incumbents interviewed expressed an attitude of teamwork and stated that while they are assigned in one area that they are occasionally called upon to assist in another area due to workload, staffing, or other pressing priorities.
A salary survey was done for the classes of Library Assistant and Librarian in the spring of 2024; salaries were updated as of July 2024. The supervisor class was reviewed but not surveyed as there are insufficient matches within the survey jurisdiction and industry standards generally set a supervisory class a set percentage above the highest class supervised. The salaries of the Library Assistant class were shown to be above the median of the agencies surveyed by almost 3% as of July 2024. The Librarian class, however, was just over twelve percent (12%) below the median of the agencies surveyed.
Attachment 5
City of Carmel by the Sea
_____________________________________________________________________________ 4 Recommendations
Existing Class Revisions:
1. Combine the Librarian classes (Technical Services, Reference) into a single ‘Librarian’ class with functions for these areas included in the class specification and referencing that each incumbent may be assigned to perform duties in one or multiple areas.
2. Revise the current Library Assistant to accurately reflect the duties being performed.
3. Modify the Librarian II class specification to reflect all the duties currently being performed by the Libarian II’s and re-title the class to Supervising Librarian to accurately reflect their role. The distinguishing feature between the current structure of Librarian I and Librarian II is the supervision and oversight responsibilities. It is more easily recognizable for that with the recommended title.
Create New Class:
4. Create a new class of Library Associate to reflect the paraprofessional duties currently being performed by the full time Library Assistants.
Compensation:
5. Set the salaries for the Library classes as follows:
Class Title Current Step 5 Proposed Step 5 Change (%) % above Library Assistant 5,928/mo. 5,928/mo. 0%
Library Associate (new) n/a 6,521/mo. n/a 10%
Librarian 6,881/mo. 7,726/mo. +~12%% n/a%
Supervising Librarian 7,604/mo. 8,498/mo. +~10% 10%
This reflects setting the salary of the new Library Associate at ten percent (10%) above the current class of Library Assistant, setting the Librarian class at the surveyed median and setting the Supervising Librarian at ten percent (10%) above the Librarian class.
Allocations:
6. Allocate the current full-time Library Assistants and any vacant full-time Library Assistant positions to the newly created Library Associate class.
7. Allocate the current Librarian I’s (reference or technical services) and any vacant Librarian positions to the revised class of Librarian.
8. Allocate the current Librarian II’s and any vacant positions to the revised class of Supervising Librarian.
(This recommendation aligns with the City’s goals of compensating its employees at a competitive and fair level considering the relevant labor market, while encouraging employees to maintain long-term employment with the City to provide knowledgeable and first-class municipal services to the City’s residents and visitors.) Attachment 5
City of Carmel by the Sea
_____________________________________________________________________________ 5 Exhibits:
A. 2109 Side Letter between LiUNA and the City of Carmel by the Sea (unsigned copy) B. New Classification Specification – Library Associate C. Revised Classifications – Library Assistant, Librarian and Supervising Librarian D. Salary data (as of July 2024)
Attachment 5
EXHIBIT D
City of CarmelTitle: Librarian (Librarian I)Analysis Date: August 2024 Survey Agency Comparable Classification Work Unit Top Step Monthly Salary RankCapitola N/CHollister N/CMarina N/CMonterey County Librarian II CEMA $7,746 3Monterey City N/C $7,782 2Pacific Grove Librarian MEA $7,705 4Salinas Librarian II SMEA $6,361 7Santa Cruz Librarian II MGMT $8,007 1Seaside N/CWatsonville Librarian Mid-MGMT $7,041 5Carmel Librarian I General $6,881 6 Median $7,726
-12.27%
Average $7,440
Variance From Average -8.12%
Variance From Median
EXHIBIT D
City of CarmelTitle: Library AssistantAnalysis Date: August 2024 Survey Agency Comparable Classification Work Unit Top Step Monthly Salary Rank Capitola N/CHollister N/CMarina N/CMonterey County Library Assistant II SEIU 521 $4,730 6 Monterey City Library Assistant II GEM $5,976 2
Pacific Grove Library Assistant General $5,951 3
Salinas Library Clerk SMEA $4,565 7
Santa Cruz Library Assistant II SEIU $5,999 1
Seaside N/CWatsonville Library Assistant SEIU $5,604 5
Carmel Library Assistant General $5,928 4
Median $5,777
2.61%
Average $5,471
Variance From Average 8.36%
Variance From Median
Tentative Agreement
Between
LiUNA GENERAL UNIT AND LiUNA MANAGEMENT UNIT
And
The City of Carmel by the Sea
November 13, 2024
The attached agreement is submitted for the resolution of all issues currently being discussed related to the Classification and Compensation of the City of Carmel’s Library classes.
Acceptance of Class Specifications:
x Accept the new classification of Library Associate (attached) x Accept the revised classifications of Library Assistant, Librarian, and Supervising Librarian (attached)
Bargaining Unit Modification:
x Delete the current Librarian II class from the General Unit x Add the new class of Supervising Librarian to the Management Unit Salaries:
x Library Assistant class – salary remains the same
x Library Associate – set the salary at 10% above the Library Assistant class – move the four (4) full time positions of Library Assistant (and any associated employees) to the class of Library Associate, place incumbents into the salary range in accordance with Carmel’s Municipal Code
x Librarian – set salary at median of surveyed agencies, Top Step of $7,726/mo. x Supervising Librarian – set the salary at 10% above the Librarian class. ______________________________ ______________________________ For LiUNA for the City
______________________________ ______________________________ Date Date
Attachment
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2024-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE MAYOR TO EXECUTE A SEVENTH AMENDMENT TO THE CITY ADMINISTRATOR AT-WILL EMPLOYMENT AGREEMENT EFFECTIVE OCTOBER 1, 2024 WHEREAS, pursuant to Resolution No. 2016-012, the City of Carmel-by-the-Sea (“City”) and Chip Rerig executed an Employment Agreement (“Employment Agreement”) effective February 2, 2016 to provide City Administrator services to the City; and WHEREAS, pursuant to Resolution No. 2017-088, City and Chip Rerig executed a First Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2018-110, City and Chip Rerig executed a Second Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2020-034, City and Chip Rerig executed a Third Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2020-077 City and Chip Rerig executed a Fourth Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2022-015 City and Chip Rerig executed a Fifth Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2022-097 City and Chip Rerig executed a Sixth Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2024-069 Amending At-Will (Unrepresented) Salary Ranges to align with Cost of Living Adjustments (COLAs) for the Management Unit Effective August 1, 2024 there was a 4% salary COLA salary increase for all At-Will employees including Chip Rerig; and
WHEREAS, the functions, duties and prerogatives of the City Administrator are specified in the Carmel-by-the-Sea Municipal Code and the provisions of the City Municipal Code shall control should any conflict exist pertaining to either this Resolution or the Seventh Amendment that it authorizes; and
Attachment 1
Resolution 2024-097
WHEREAS the City Administrator shall continue to serve at the pleasure of the City Council; and
WHEREAS, this action does not constitute a "project" as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; and WHEREAS, the attached proposed Seventh Amendment to the Employment Agreement is presented to the City Council for approval.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Authorize a Seventh Amendment to the Employment Agreement as follows:
1. Effective October 1, 2024, increase the City Administrator’s annual base salary for a merit increase based upon performance of 4% of the current salary of $241,087 which is $9643 and shall be increased to $250,730.
2. Section 4 of the Employment Agreement (Term) is amended to read: City Administrator’s Term of employment shall continue until March 1, 2029 or the date of earlier termination in accordance with the provisions in the Employment Agreement unless the Term is extend by the Parties in writing.
3. The Mayor is authorized and directed to execute a Seventh Amendment to the City Administrator At-Will Employment Agreement (Exhibit A) to this Resolution.
4. This Resolution shall take effect immediately following passage and adoption by the Carmel-by-the-Sea City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 3rd day of December 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
SEVENTH AMENDMENT TO CITY ADMINISTRATOR
AT-WILL EMPLOYMENT AGREEMENT
This Seventh Amendment to City Administrator At-Will Employment Agreement ("Seventh Amendment") is made and entered into between the City of Carmel-by-the-Sea, California, a municipal corporation ("City") and Richard ("Chip") Lyons Rerig, an individual ("City Administrator"). The City and the City Administrator are sometimes individually referred to as a "Party" and collectively as "Parties." This Seventh Amendment shall be effective on October 1, 2024.
WHEREAS, the Parties entered into an Employment Agreement ("Employment Agreement") on February 2, 2016.
WHEREAS, pursuant to Section 7A of the Employment Agreement, City Administrator received a base salary that, at the time of the Employment Agreement, was $190,000.00.
WHEREAS, the current base salary of the City Administrator based upon Resolution No. 2024- 069 is $241,087.
WHEREAS, pursuant to the Employment Agreement, the City Council of the City of Carmel-bythe-Sea ("City Council") grants salary increases to City Administrator in its discretion.
WHEREAS, the Parties now desire to amend the Employment Agreement as follows:
NOW, THEREFORE, in consideration of the promises herein, the Parties agree as follows:
1. Salary Increase: The City Council hereby approves a salary increase for merit based on performance for the City Administrator to $250,730 effective October 1, 2024.
2. Section 4 of the Employment Agreement (Term) is amended to read: City Administrator’s Term of employment shall continue until March 1, 2029 or the date of earlier termination in accordance with the provisions in the Employment Agreement unless the Term is extend by the Parties in writing.
3. Government Code Provisions
a. Pursuant to Government Code section 53260, in the event City provides City Administrator with a cash settlement related to termination of the Employment Agreement, the cash settlement shall not exceed the lesser of (1) an amount equal to the monthly salary of Employee multiplied by 18 or (2) an amount equal to the monthly salary of City Administrator multiplied by the number of months left on the unexpired term of the Employment Agreement.
b. Pursuant to Government Code sections 53243 and 53243.3, in the event City provides paid leave salary to City Administrator pending an investigation into City Administrator, the City Administrator shall fully reimburse City for any paid leave salary if City Administrator is convicted of a crime involving an abuse of his office or position.
Attachment 2
c. Pursuant to Government Code sections 53243.1 and 53243.3, in the event the City provides funds for City Administrator's legal criminal defense, the City Administrator shall fully reimburse City for any such funds if City Administrator is convicted of a crime involving an abuse of his office or position.
d. Pursuant to Government Code sections 53243.2 and 53243.3, in the event LAFCO provides City Administrator with a cash settlement related to City Administrator's termination, City Administrator shall fully reimburse City for any such cash settlement if City Administrator is convicted of a crime involving an abuse of his office or position. e. Pursuant to Government Code section 53243.4, an "abuse of office or position" means (a) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority, or (b) a crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
4. Except as specifically modified and amended in this Seventh Amendment, the Employment Agreement and its prior amendments remain in full force and effect and binding upon the Parties.
IN WITNESS WHEREOF, the Parties have executed this Seventh Amendment.
CITY OF CARMEL-BY THE SEA
A Municipal Corporation
By:________________________________ By:______________________________ Dave Potter, Mayor Chip L. Rerig, City Administrator
Date: ______________________ Date: ______________________ ATTEST:
By:_________________________________
Nova Romero, MMC, City Clerk
Date: __________________________
APPROVED AS TO FORM:
By:__________________________________
Brian Pierik, City Attorney
Date: ___________________________
Attachment 2
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2024-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT WITH COASTAL PAVING & EXCAVATING, INC. IN AN AMOUNT, INCLUDING CONTINGENCY, OF $1,285,185 FOR PROJECTS #1, 2, AND 3 OF THE
DRAINAGE SYSTEM REPAIRS PROJECTS
WHEREAS, in July 2023, the City Council adopted Resolution 2023-072 approving an Amendment to the Professional Services Agreement with Neill Engineers, Corp., in the amount of $159,100, to prepare design plans for the following four drainage projects:
1) along Eleventh Avenue, from Carmelo Street to San Antonio Avenue, 2) along Lincoln Street, from First to Second Avenues, and along Second Avenue, from Lincoln to Monte Verde Streets, 3) along Santa Fe Street, from Eighth Avenue south to the Mission Trail Nature Preserve outfall, and 4) a new headwall at Acacia Way/Flanders Way” at the entry of a private drainage pipe; and
WHEREAS, Projects #1, 2, and 3 were listed as “high priority” improvements identified in the 2023 Storm Drain Master Plan Update (SDMPU) and included in the construction contract documents as the Base Bid; and
WHEREAS, the Project #4 site is considered a local “nuisance” drainage problem for residents along Acacia Way, a private driveway, and was included in the contract documents as a Bid Additive; and
WHEREAS, despite staff's due diligence review of the 1983 Improvement Plans and 1984 Parcel Map which created the private Acacia Way driveway, it is inconclusive if the City has the right to construct the proposed headwall without a Right of Entry Agreement, and further, the private drainage pipe does not appear to have been properly designed or permitted; and
WHEREAS, in June 2024, Council adopted Resolution 2024-047 approving the Fiscal Year (FY) 2024/25 Capital Improvement Program (CIP) Budget which appropriated $1,218,000 to fund these drainage Projects and established a separate CIP Contingency Fund in the amount of $400,000 for any CIP project that may need additional funds to proceed into construction; and
WHEREAS, three responsive bid proposals were received at the Public Bid Opening held on September 5, 2024; and
WHEREAS, Coastal Paving & Excavating, Inc., of Monterey, submitted the lowest Base Bid of $1,168,350, which was 3% above the Engineer’s cost estimate and 2% below the next low bidder; and
Attachment 1
Resolution No. 2024-098
WHEREAS, due to risks associated with underground construction, a 10% contingency of $116,835 is recommended, resulting in a total contract amount of $1,285,185; and
WHEREAS, the total estimated Project cost for FY 2024/25, including the cost for construction with contingency, plus fees for environmental reviews and engineering support during construction, is $1,297,585 and exceeds the $1,218,000 CIP funding appropriated for this Project; and
WHEREAS, the balance needed of $79,585 is available in the CIP Contingency Fund for FY 2024/25, leaving $292,335 of the Contingency Fund remaining for any other CIP project that may need additional funds to proceed into construction.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Authorize the City Administrator to execute a Construction Contract with Coastal Paving & Excavating, Inc. in an amount, including a 10% contingency, of $1,285,185, for Projects #1, 2, and 3 of the Drainage System Repairs Projects.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 3rd day of December, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
________________________ ____________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Attachment 2
Attachment 2
Attachment 2
Attachment 2
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Attachment 1
Attachment 1
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
October 7, 2024
To: Marnie Waffle
From: Veronica Tam
Subject: Carmel Housing Element Sites Strategy
Understanding
According to the City’s HCD-certified Housing Element, we understand that, accounting for units already permitted, the City has a remaining RHNA of 292 units. The City primarily relies on three City-owned sites to meet its remaining lower income RHNA. ADUs and hospitality employee housing are also components of the City’s lower income RHNA strategy.
We understand the City is interested in exploring options to lessen the burden on the Cityowned properties. This memo outlines potential options the City may explore further.
Table 1: Adopted Housing Element – Lower Income RHNA Summary Very Low Low Moderate
Above
Moderate Total
Remaining RHNA 106 67 37 82 292
Hospitality Employee
Housing 8 12 11 0 31
Projected ADUs 10 10 10 4 34
Site 1: Sunset Center North 20 10 3 0 33
Site 2: Sunset Center South 30 25 5 0 60
Site 3: Vista Lobos 28 11 17 0 56
Site 8: Carmel Foundation 11 10 0 0 21
Site 11: Forest Cottages SP 0 2 0 4 6
Total Capacity 107 80 46 8 241
ADU Options
1. Petition for a Higher Trend
The adopted Housing Element states the following:
“Using the more conservative number of 30 ADUs permitted between 2018 and 2022, extrapolated to the eight-year planning period for the 6th Cycle Housing Element update, this equates to 48 units…Based on the City’s permit history and active support for ADUs, as well as the continued interest by property owners in rehabilitating existing ADUs and constructing new ADUs, it is reasonable to estimate a minimum of 34 ADUs over the eight-year planning period, although City Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
staff expects to exceed this number. Following the rule of thumb recommended by HCD, these 34 units have been distributed to very low-, low-, moderate-, and above moderate-income households as follows: 30 percent, 30 percent, 30 percent, 10 percent, respectively.” (p. C-75)
Using current data (2023 and 2024), demonstrate that the City can easily exceed the projection of 48 units, let alone reducing that to 34 units as currently used in the Housing Element. This may have to couple with other City actions to facilitate/incentivize ADU construction. If successful, the City could add 14 additional units: 4 very low, 4 low, 4 moderate, and 2 above moderate.
2. Opportunities for Amnesty and Conversion of Guesthouses In 2020, AB 670 went into effect - a new bill that gives all Californians five years to legalize their unpermitted ADUs and granny flats by bringing the structure up to code. AB 2533 just signed by the Governor extends the ADU amnesty law to unpermitted ADUS and JADUs built before 2020. The City may explore the extent of illegally built ADUs and JADUs and property owners’ interest in pursuing the amnesty program. Most cities that have such amnesty programs generally have some knowledge if such units exist in the community and where they are concentrated. An actual survey is not recommended as it may raise concerns from homeowners regarding potential code enforcement citations.
Typically, an amnesty program allows homeowners to legalize their illegal ADUs as long as they meet basic building code standards. The city would have to “forgive” certain zoning infractions. The legalized units would be new housing units, eligible for RHNA credits once permitted. However, to use this as a RHNA strategy for sites, the City would have to gauge public interest, estimate the number of potential units, and develop a robust program to program the strategy. The objective is to entice HCD to accept a higher number for ADU projection.
In addition to legalizing illegal units, existing guesthouses may be used as rentals. There can also be opportunities for converting these into legal housing units using the same approach.
Housing at Hotel Sites
1. Hospitality Employee Housing
The adopted Housing Element states the following:
“To incentivize the development of on-site employee housing within existing sites for overnight visitor accommodations, the City has developed Program 1.3.D, which amends the Municipal Code to allow at least one on-site affordable employee housing unit in conjunction with one new overnight visitor accommodation room… Initially, the program would be voluntary. However, at the mid-cycle mark, if the program has not gained interest, it would become mandatory…As there are 46 hotels in the City, this program has the potential to add at least 31 moderate- and lower-income units to the City’s housing stock.” (p.
C-72 and C-73)
Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
The Housing Element assumes 31 units (8 very low, 12 low, and 11 moderate income).
The City may consider modifying the program to indicate each hotel can have at least one unit but not exceed five percent of the number of rooms. Assuming larger hotels would require more employee housing units than smaller hotels, the City could potentially increase the number of employee housing units to 47 units, already a conservative assumption that hotels with fewer than ten rooms would not participate in the program.
Using the same income distribution for the additional 16 units, the City may be able to gain 4 very low, 5 low, and 7 moderate income units.
Table 2: Hotels by Size
APN Address
Overnight Visitor Accommodation
Establishment Name
No. of
Rooms
Up to
5%
010287008000 San Antonio, 4 SE of 13th Edgemere Cottages Closed 010264006000 8th & Camino Real La Playa Hotel 75 4
010095010000 Junipero between 5th & 6th Best Western Carmel Bay View Inn 56 3 010213003000 Ocean between Lincoln/Monte Verde The Pine Inn 49 2 010019061000 Ocean & Monte Verde Normandy Inn 48 2
010147008000 7th & Lincoln Ave Cypress Inn 44 2
010131025000 San Carlos at 5th Carmel Lodge/Stillwell Hotel 42 2 010124012000 4th & San Carlos Svensgaard’s Inn 35 2
010094002000 Ocean & Junipero Carmel Village Inn/Le Petit Pali 34 2 010142002000 San Carlos @ 7th Coachman’s Inn 30 2
010136023000 5th & San Carlos Best Western Carmel’s Townhouse Lodge 28 1 010123014000 4th & San Carlos Hotel Carmel 28 1
010214032000 Ocean @ Monte Verde Lobos Lodge 28 1
010109016000 Mission @ 3rd Ave Tradewinds Carmel 28 1
010124001000
010124014000
2 NW of 4th on San Carlos Hofsas House 26 1
010109015000 SWC 3rd & Junipero Horizon Inn 26 1
010021024000
010021025000
010021002000
010021003000
010021026000
010021027000
010021028000
010021029000
Carpenter between 1st & 2nd Carmel Resort Inn
25 1
010286015000 San Antonio & 13th Colonial Terrace/Carmel Beach Hotel & Spa
25 1
010087003000 Junipero between 7th & 8th The Hideaway/Le Petit Pali @ 8th 24 1 010087013000 7th & Mission Wayside Inn 22 1
010148015000 Dolores & 8th Adobe Inn 20 1
010136022000 San Carlos between 4th & 5th Candle Light Inn 20 1 010097007000 Junipero & 5th Carmel Inn & Suites 20 1
010191005000 Monte Verde @ 7th L’Auberge Carmel 20 1
010136021000 San Carlos @ 4th Carmel Fireplace Inn 18 1 010094001000 Torres & Ocean Ave Comfort Inn Carmel by the Sea 18 1 010195501500 7th & Casanova Carmel Green Lantern Inn 17 1 010097018000 Mission & 5th Carmel Oaks 17 1
010123005000 4th @ Mission Street Carmel Wayfarer Inn 15 1 010087002000 Junipero between 7th & 8th Carriage House Inn 13 1 Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
Table 2: Hotels by Size
APN Address
Overnight Visitor Accommodation
Establishment Name
No. of
Rooms
Up to
5%
010136016000 Dolores & 7th Vagabond House 13 1
010131011000 San Carlos between 4th & 5th Briarwood Inn 12 1 010124009000 SE Dolores & 3rd Carmel Country Inn LLC 12 1 010214029000 Monte Verde & 6th Tally-Ho Inn 12 1
010104002000 4th & Torres Carmel Garden Inn 10 1
010196027000 Monte Verde & 7th Monte Verde Inn 10 1
010104005000 SEC 3rd & Junipero Ocean View Lodge 9 0
010273014000 Camino Real between 11th & 12th Sea View Inn 8 0 010201013000 Monte Verde @ 7th Monte Verde Inn East 7 0 010268008000 San Antonio & 8th Carmel Cottage Inn LLC 6 0 010261014000 SE Camino Real & Ocean Lamplighter Inn 6 0 010194018000 SS 8th between Monte Verde &
Casanova
Stonehouse Inn c/o Carmel Realty 6 0
010131013000 E/S San Carlos between 4th & 5th Briarwood Inn II/Holland Court Inn 5 0 010085005000 SW Ocean/Torres Forest Lodge 4 0
010261015000 Camino Real 2 SE of Ocean Sunset House 3 0 010148007000 NE Corner Lincoln & 8th The Homestead 3 0
SOURCE: City of Carmel-by-the-Sea 47
2. Transferable Development Rights
Program 1.3.B which encourages property owners to consider rehabilitating their sites as multi-family rental residences through a transfer of development rights. According to the Housing Element (p. C-74), of the 46 Overnight Visitor Accommodation sites listed in Table C-55, 5 meet the eligibility criteria for transfer of development rights to rehabilitate as multi-family residential. Each of these sites are located in the City’s Commercial District and are greater than 0.5 acres in size.
However, because there are no expressed interests in taking advantage of this program, the Housing Element has not assigned any RHNA units for this strategy. To be accepted by HCD for RHNA capacity, specific sites with expressed interest must be identified. Once specific locations are identified, the City could argue that the capacity and income distribution should be based on the proposed plans, regardless of lot sizes.
Housing on Church Properties
We recommend exploring SB 4 opportunities on the City’s religious facility properties. SB 4, the Affordable Housing on Faith Lands Act, provides a streamlined process for religious organizations and nonprofit colleges to develop affordable housing on their property. SB 4 makes it legal for faith-based institutions and non-profit colleges to build affordable, multi-family homes on lands they own by streamlining the permitting process and overriding local zoning restrictions. The bill also guarantees “by-right” approval of new homes, as long as they are consistent with all objective building standards and comply with existing environmental protections.
Objective standards include density consistent with State-established default density. For Carmel (a community with population less than 25,000), this is 20 units per acre. As for Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
height, the housing development is allowed a height of one story above the maximum height otherwise applicable to the parcel. Utilizing SB 4 is NOT considered rezoning.
Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
1. First Church of Christ
Currently, the adopted Housing Element includes only one church property: Site 5 - First Church of Christ Parking Lot (0.28 acre) for 9 above moderate income units, utilizing SB 10 to streamline the subdivision of this site into 9 single-family lots. However, because these are intended as single-family lots, they are considered feasible as above moderate income housing only.
We understand that First Church of Christ had previously communicated with the City regarding its interest in redeveloping the entire site. The six parcels total 0.54 acre.
Assuming the SB 4 allowable density of 20 units per acre, this site can potentially yield 11 units (estimated at 3 very low, 3 low, and 5 moderate income). We understand that the church has expressed interest in doing much more than 11 units. However, this cannot be achieved unless their site is rezoned for higher density development. If this is a desired approach, a program to rezone the property would be needed in order to claim a higher number of units on this site for RHNA.
2. Carmel Presbyterian Church
The Carmel Presbyterian Church has four parcels that can potentially be used for affordable housing. These include the two parking parcels and two single-family homes that are currently used as housing for staff. These four parcels total only 0.46 acre only.
HCD may not accept this as adequate for facilitating lower income in the City given the allowable density of only 20 units per acre. However, the City may be able to assign these as moderate income units (estimated at 9 units).
3. Carmel Mission
We understand Carmel Mission has a large campus and has expressed interest in developing transitional/supportive housing. If the City is able to work with the Mission to identify a portion of the property for development, it could reduce the burden on the Cityowned properties. Allocation of approximately five acres on this campus can potentially replace all three City-owned sites.
Summary of Potential Unit Changes (excluding Downtown)
Without lot consolidation, it is extremely challenging to use Downtown properties for lower income RHNA units. Based on the strategies discussed above, the City has the potential to move all 25 moderate income units and some lower income units off the City-owned properties (see Table 3).
Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
Table 3: Summary of Potential Additional Units
Very
Low Low Moderate
Above
Moderate Total
City-Owned Sites
Site 1: Sunset Center North 20 10 3 0 33
Site 2: Sunset Center South 30 25 5 0 60
Site 3: Vista Lobos 28 11 17 0 56
Total 78 46 25 0 149
Potential Additional Units
Projected ADUs 4 4 4 2 14
Hospitality Employee
Housing 4 5 7 0 16
First Church 3 3 5 0 11
Carmel Presbyterian 0 0 9 0 0
Carmel Mission -- -- -- -- --
Total 11 12 25 2 50
Remaining on City-Owned
Properties 67 34 0 -2
Downtown Properties
1. Underutilized Properties and Lot Consolidation Potential Sites feasible for lower income housing should be at least 0.5 acre. Given the small lot sizes, downtown properties are less feasible for lower income units, unless the City is able to identify properties with potential for lot consolidation or demonstrate with more recent examples of affordable housing projects on small lots. Our search must expand beyond City limits given that there has been only one project in the City more than six/seven years ago.
Nevertheless, even if HCD would not accept downtown sites for lower income units, the City can increase the capacity for moderate income units and thereby lowering the number of units on the City-owned properties.
Typical factors for identifying potential parcels are:
- Property owner interest in redevelopment - this is the most convincing factor to HCD
- Vacant lot
- Lot with vacated uses - for lease or for sale signs, boarded up, vacated - Existing uses - similar to uses being recycled in the region, such as retail and office uses, banks, and auto-related uses such as repair shops, gas stations, and used car sales
- Improvement to land value ratio (ILVR) less than 1.0 – higher thresholds may be used for retail and office uses if the City is able to demonstrate such uses with higher ILVR have been redeveloped in the region
Attachment 2
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105 P (626) 818-9488
- Age of structure or effective year at least 30 years - a threshold when major system upgrades are needed
- Floor Area Ratio (building square footage over lot area) less than 50% of allowable - Height – at least one story less than allowed
To utilize this strategy, in addition to identifying potential parcels, the City will also need to:
- Look for other examples of affordable housing development on small lots in the region and demonstrate that potential sites identified in Carmel are similar in characteristics as these project locations.
- Modify program to provide incentives for lot consolidation. HCD typically accepts these incentives:
o Ministerial process for lot consolidation
o Increased density or other flexible development standards o Reduced/deferred/waived fees
o Assistance with connecting property owners with developers
2. Office Conversion
City policy requires that conversion of second story space must be for residential uses.
Identifying potential conversion can provide possibly moderate income housing based on unit size and type. Typically, HCD would accept small multi-family units (especially rental) to be affordable to moderate income households. To utilize this strategy, the following information would be helpful:
- Property owner interest
- Available second story space - for lease signs or vacated - Examples of recent conversion - the Mill Valley example uses 1,000 square feet per unit but Carmel should be able to use a small unit size to estimate capacity Summary
Each of these strategies discussed above requires further assessment for actual potential. Only after the City has determined one or more of these strategies could yield an adequate number of units to replace or reduce the burden on the City-owned sites, we could arrange a meeting with HCD to obtain preliminary comments.
Attachment 2
A Property Owner Question & Answer Guide
“Considering an Accessory Dwelling Unit (ADU) in Carmel-by-the-Sea” Carmel-by-the-Sea plans to add 349 new housing units throughout the city by 2031, as required by State law. This is a BIG hurdle for the one-square-mile village, which has no vacant land and is characterized by small lots. However, Accessory Dwelling Units (ADUs) are one option that blends and disperses new housing into the Village’s existing neighborhoods. ADUs, historically referred to as Subordinate Units in Carmel and also known by names such as granny flats or in-law units, have the potential to add more affordable housing options for the local workforce, artists, and more, enhancing lifestyles and diversity for us all.
Preserving the village's character is important when planning for an ADU. While state ADU laws are broad and ever-changing, careful consideration of the placement, size, views, privacy, trees, landscape, and setbacks, along with the alignment of architectural styles, materials, and colors with your current home, are important to protect the special character and environmental resources that make Carmel so unique. This guide addresses a variety of questions about ADUs to assist homeowners who are exploring adding an ADU to their property.
Important Notes
State legislation and local requirements are subject to change.
Unique factors affecting your property may apply to your ADU and are not represented in this Guide.
Consult the Community Planning & Building Department for updates.
What are the different types of accessory dwelling units? There are two types of ADUs:
● ADU (Accessory Dwelling Unit). A complete,
independent place to live, sleep, eat, cook, and
bathe, with an exterior entry separate from the
primary dwelling. An ADU does not have an
internal connection with the primary dwelling.
● JADU (Junior ADU). A living space no more than
500 square feet in size, fully contained inside the
walls of the primary dwelling. The bathroom can
be private or shared with the primary dwelling. An
efficiency kitchen must be provided. A JADU has a
separate exterior entry and internal circulation to
the primary dwelling.
Attachment 3
What are the basic requirements for an ADU and JADU?
2 “Efficiency kitchen” includes a sink, a cooking facility with appliances, a food preparation counter and storage cabinets.
Appliances are limited to those that do not require electrical service greater than 120 volts, or natural or propane gas. 1 Exterior changes require review by the Planning Division.
Requirements &
Considerations ADU
JADU
(Junior ADU) Clarifications or References
Bedroom Yes Yes
Bathroom Yes Yes* Sink, Toilet & Shower/Bathtub
*Can be shared with the primary dwelling.
Exterior Entry Yes Yes Not less than 32” side-hinged egress door that provides access to the public way.1
Inter-Accessibility with
Primary Dwelling No Yes A JADU is required to be inter-accessible only ifthe bathroom facility is shared.
Kitchen Yes No Permanent provisions for eating and cooking are required.
Efficiency Kitchen2 No Yes A cooking facility with appliances, a food prep counter, and storage cabinets.
Maximum Unit Size
(current State Law)
850 SF for 1 BR
1,000 SF for a 2 BR*
50% of the living area
or 800 square feet**
500 sq ft *For detached ADUs.
**For attached ADUs.
Setbacks 4’ side and rear
setbacks N/A Exception: Conversion of existing structurescan maintain existing setbacks.
Building Height Max. 16’-24’* N/A
16’ for detached ADUs up to 800 SF with 4’
side/rear setbacks.
*Up to 24’ if attached to the primary dwelling.
Parking None None
Building Permit Yes Yes
For detached ADUs less than 800 SF, no more
than 16 feet tall, with 4-foot side and rear
setbacks, a permit can be issued in 60 days.
New Utility
Connection Charges No No Submeter is optional.
Fire Sprinklers Yes* Yes* *If the primary dwelling has, or is required to have, sprinklers.
Solar System Yes* No
Solar-ready infrastructure is required for new
detached ADUs only. Refer to the California
Energy Code www.energy.ca.gov.
Owner Occupancy No Yes If the property has a JADU, the owner must occupy one of the dwelling units.
Attachment 3
What other considerations should I be aware of?
● An ADU is a self-contained, independent dwelling on the same site as the primary dwelling. ● ADUs can be detached from the primary dwelling or attached to the primary dwelling. ● JADUs are created within the walls of the existing or proposed primary dwelling. ● Conversion of an existing guesthouse, studio, or garage can be a more affordable way to establish an ADU on your property.
● A guesthouse or studio may already contain a full or partial bath providing existing water credits and plumbing.
● A garage may contain a utility sink, which counts toward the water credits needed for an ADU. ● If you are considering a major remodel to your existing home, explore options to include an ADU, JADU, or both!
● ADUs cannot be sold separately from the primary dwelling3 .
Is my ADU/JADU required to be rented?
No. Who occupies the ADU/JADU and whether you charge rent to those occupants is your choice. ADUs provide housing options for various situations (See Who might occupy my ADU/JADU? below). Due to their smaller size, ADUs can be more affordable, increasing the number of great people calling Carmel-by-the-Sea home.
Note: Short Term Rentals (rental for less than 30 days) are not allowed in Carmel’s residential neighborhoods. Learn more here.
Who might occupy my ADU/JADU?
● Family members or friends attending local colleges, starting a career, or saving to purchase a home. ● Aging family members with special needs.
● Caregivers (for adults or children).
● You! For downsizing or renting out your primary dwelling for rental income. ● Tenants working in hospitality, healthcare, education, arts, etc.
What commonly motivates property owners to consider an ADU? ● Future rental income.
● Increase in property value.
● Housing for caregivers, relatives, and others.
● Flexible living space as your needs change over time. ● Streamlined permit approvals.
How do ADUs contribute to our community and environment? With ADUs, you can:
● Welcome new residents to our community, adding to its vitality. ● Provide housing opportunities for family, friends, the local workforce, and service providers. ● Provide more affordable housing options.
● Integrate housing into existing neighborhoods.
● Reduce drive time for local workers, decreasing emissions and roadway congestion. ● Contribute to alleviating the California Housing Crisis and … ● Help the Village meet the State-mandated requirements to produce 349 new housing units by 2031. 3 Exception: The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation.
Attachment 3
How do ADUs and JADUs contribute to the State-mandated housing requirements? Every new housing unit counts!
● The 6th cycle Housing Element, adopted in April 2024, estimates that 34 new ADUs will be constructed by 2031, an average of four per year.
● Since 2018, 30 new ADUs have been completed, and an additional 22 ADUs are currently under construction.
That equals 52 new housing units dispersed throughout the Village! ● Due to their smaller size, ADUs and JADUs have the potential to provide housing opportunities for a broader range of income levels.
● Consider the following:
○ An ADU or JADU occupied by a caregiver rent-free as part of their compensation package is considered an affordable housing unit.
○ An ADU or JADU occupied by an aging family member rent-free is considered an affordable housing unit.
○ An ADU or JADU occupied by a family member or friend at a discounted rate while attending college or just starting out after graduation is considered an affordable housing unit. ○ A 250-square-foot ADU rented at market rate may also qualify as an affordable housing unit due to its smaller size.
As you can see, a new ADU/JADU can serve various housing needs beyond just providing rental income for the owner. As your needs change over time, so can the use of your ADU/JADU.
Are there requirements, assistance or services available to aid in qualifying renters? Yes! Many local property management companies provide screening, qualification, and rental agreement templates that comply with federal, state, and local laws. The following are a few online services and organizations that may be helpful:
● California Apartment Association provides standard rental templates. https://caanet.org/topics/rental-lease-agreements/
● American Apartment Owners Association provides background check services. https://www.american-apartment-owners-association.org/tenant-screening-background-checks/california/ ● California Tenants and Landlords Rights and Responsibilities https://landlordtenant.dre.ca.gov/resources/guidebook/index.html What about the scarce water and meters in our Village?
● Older homes have less efficient water fixtures (e.g., sinks, toilets, showers, etc.) that can be replaced with newer, more efficient fixtures, freeing up the water needed to supply an ADU. This is often called “Harvesting of Water Credits”.
● Some homes may have unused water credits. By identifying current appliances and water fixtures (e.g., washing machines, dishwashers, showerheads, etc.), you can better understand your specific water needs. ● Click here for the Monterey Peninsula Water Management District (MPWMD) Water Release Form to calculate your existing fixture count and the amount of water needed for a new ADU. Other useful forms can be found on MPWMD’s website. For more information on fixture counts and water credits, please contact MPWMD at (831) 658-5601.
● Unique requirements of your ADU planning may influence your needs or preference for a separate/new water meter. Currently, there is a regional moratorium on new meters and limited available new water credits that may impact your building timeline.
Attachment 3
● Some homeowners may already have a guesthouse or studio with a bathroom that can be converted to an ADU by adding a kitchen. Confirming you have adequate water credits for your kitchen sink or optional dishwasher is a first step.
Are there tax considerations I should be aware of?
The following information is general in nature. Please consult a tax professional as part of your ADU planning. ● When adding square footage to your home or undertaking a substantial removal, the assessed value of your property and your resulting tax bill may increase. Examples include building an addition to your home, constructing a detached ADU, or converting a garage to an ADU. ● All improvements requiring a building permit are reported to the Monterey County Assessor; however, not all improvements will impact your property taxes. For more information, please contact the Assessor at (831) 755-5035.
● State or Federal taxation applies to rental income generated by an ADU. ● Rental income from two or fewer residential units is exempt from City business license requirements and taxation.
What are the permit and utility fee considerations?
● The City is exploring reduced permit fees for ADUs and JADUs as an incentive to property owners. Details on incentives will be addressed separately from this Guide. ● JADU: A building permit is required to establish a JADU and for any associated improvements (e.g., installing an exterior entry door and an efficiency kitchen.
● ADU: A building permit is required to construct a new attached or detached ADU. This includes electrical, plumbing, and mechanical.
● Garage/Guest House/Studio Conversion: A building permit is required to convert existing structures into an ADU.
● Additional considerations:
o The Building Code requires that a detached ADU include solar-ready infrastructure. o The Carmel Municipal Code requires that electrical service lines be undergrounded if the electrical panel is upgraded or the value of the project is more than $200,000. o Fire sprinklers are required if the primary dwelling has sprinklers. ● School District Fees: The school district charges $0.49 per square foot on new residential construction. o Additions less than 500 square feet are exempt from this fee4 .
● Traffic Impact Fees: ADUs under 750 square feet are exempt from impact fees assessed by TAMC (Transportation Agency for Monterey County).
● ADUs and JADUs converted from existing square footage are not considered new or separate dwelling units for delivery of water, sewer, or power. Local special districts (sewage) or water corporations cannot charge connection fees.
Are there financial assistance and/or funding options?
● Explore these California programs:
o https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units o https://www.calhfa.ca.gov/adu/index.htm
● Local programs include:
o Habitat for Humanity, https://www.habitatmontereybay.com/adu o Carmel-by-the-Sea resources https://ci.carmel.ca.us/post/housing-resources 4 https://www.carmelunified.org/departments/business-services/developer-fees (August 26, 2024)
Attachment 3
What are the steps, from planning through permits and estimated timing? ● Complete the water district’s Residential Water Release Form to determine your existing fixture count and calculate the amount of water you need for an ADU or JADU. You can also contact MPWMD at (831) 658-5601 to find out if there is an existing water permit on file for your property. ● Work with a designer/contractor to develop plans for your ADU/JADU. ● Submit a Building Permit application to the Carmel-by-the-Sea Building Safety Division. a. For online permit submissions, visit https://carmel.portal.iworq.net/portalhome/carmel. b. Submittal requirements for an attached ADU.
c. Submittal requirements for a detached ADU.
d. For additional resources, visit the Building Safety Division “Application and Informational Handout” webpage here.
● Work with a contractor to construct your ADU/JADU.
● Upon completion, you will receive a Certificate of Occupancy from the Building Safety Division. ● Begin using your new housing unit!
If you want to establish an ADU or JADU, please email [email protected].
Please also sign up online to receive updates on ADUs.
More Reference Documents & Sources
State of California Department of Housing and Community Development (HCD) https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units ● State Handbook/Guidelines (PDF) for ADUs as of July 2022. ● Frequently Asked Questions: Junior Accessory Dwelling Units (undated). ● HCD guidance on Tiny Homes (not in Carmel’s Housing Programs at this time).
California Coastal Commission (CCC)
https://www.coastal.ca.gov/
● Updates Regarding the Implementation of New ADU Laws (January 2022). ● Implementation of New ADU Laws (April 2020).
State of California Legislation on ADU’s (subject to change) ● California Senate Bill (SB) 477 on Accessory dwelling units. ● State law governing ADUs.
● State law governing JADUs.
We are seeking your feedback on this Guide.
Please email comments, questions, and suggestions to [email protected].
Attachment 3
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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2024-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DENYING A PERMEANT ENCROACHMENT APPLICATION (EN 23077, GIVENS) FOR THE INSTALLATION OF ADDITIONAL
ENCROACHMENTS, INCLUDING TWO TERRACED LANDSCAPE WALLS AND RAILROAD TIE AND
DECOMPOSED GRANITE STEPS, LEGALIZATION OF, AND MODIFICATION TO, EXISTING
ENCROACHMENTS, INCLUDING WOOD RETAINING WALLS AT THE NORTHWEST CORNER OF THE
PROPERTY, A DRIVEWAY RIVER STONE RETAINING WALL, AND WOOD STEPS ON THE NORTH SIDE OF
THE PROPERTY, IN THE PUBLIC RIGHT-OF-WAY, ADJACENT TO A SINGLE-FAMILY RESIDENCE LOCATED AT THE SOUTHEAST CORNER OF TORRES STREET AND 5th AVENUE. APN: 010-092-012-000.
WHEREAS, on March 27, 2024, Jay Auburn, (“Applicant”) submitted an application on behalf of Troy and Sharyl Givens (“Owner” & “Permittee”) requesting approval of a Permeant Encroachment Permit application EN 24-077 (Givens) described herein as (“Application”); and WHEREAS, the Application has been submitted for the property located at the southeast corner of Torres Street and 5th Avenue in the Single-Family Residential (R-1) District; and WHERAS, at the March 8, 2023 Planning Commission meeting, the commission approved DS 22- 226 (Givens), through Resolution 2023-014-PC, for the demolition of a single-story residence and detached garage and construction of a new single-story residence and detached garage; and WHERAS, staff included Condition of Approval (“CoA” – CoA #35), requiring the applicant obtain an encroachment permit for existing right-of-way encroachments; and WHEREAS, the Applicant is proposing to create additional encroachments, legalize and maintain the existing non-conforming encroachments in the public right-of-way; and WHEREAS, in accordance with Carmel Municipal Code (CMC) Section 12.08.030 (PermitRequired), a permit is required to create, erect, construct, place, operate, or maintain any obstruction, structure, or encroachment, including utility lines, sanitary system transmission lines, or reclaimed water system lines in, over, under or on any sidewalk area, street, public right-of-way, park or parkway; and
WHEREAS, in accordance with CMC Section 12.08.050 (Permit-Process and Determination), the City Administrator or his/her designee may approve the application if it conforms to the standards set forth in CMC 12.08.060 (Encroachment Application Review Standards); and
WHEREAS, if the proposed encroachment does not conform to these standards, or it is the opinion of the City Administrator that the nature of the encroachment is contrary to the public interest or should be referred to the City Council for determination, then the application shall be scheduled for action by the City Council; and
WHEREAS, on November 22, 2024, a notice of the public hearing scheduled for December 3, 2024, was published in the Carmel Pine Cone in compliance with State law (California Government Code Attachment 1
65091) and mailed to owners of real property within a 300-foot radius of the project indicating the date and time of the public hearing; and
WHEREAS, on or before November 23, 2024, the Applicant posted the public notice on the project site and hand-delivered a copy of the public notice to each property within a 100-foot radius of the project site indicating the date and time of the public hearing; and WHEREAS, on December 3, 2024, the City Council held a duly noticed public hearing to receive public testimony regarding the Permanent Encroachment Permit application, including without limitation, information provided to the City Council by City staff and through public testimony; and WHEREAS, this Resolution and its findings are made based upon evidence presented to the Council at the hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and
WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”) and City Environmental Regulations (CMC 17.60) require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, according to Section 15270 of the California Environmental Quality Act (CEQA), State CEQA guidelines, and local environmental regulations, CEQA does not apply to projects which a public agency rejects or disapproves. Further, the physical removal of the encroaching features was considered as part of the associated Design Study (DS 23-171) as all encroaching features were proposed to be removed as part of that project. That project was found by the Planning Commission to be Categorically Exempt under Section 15303 (Class 3) – New Construction or Conversion of Small Structures; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Carmel-By-The-Sea does hereby make the following findings and determinations regarding Encroachment Permit Application EN 24-077 (Givens):
1) There is no justifiable need for the encroachment
2) The encroachment may impact the public’s right to access the right-of-way (visual and physical); 3) The encroachment is incompatible with the policies, ordinances, and design guidelines for the treatment of the right-of-way; and
BE IT FURTHER RESOLVED that the City Council of the City of Carmel-by-the-Sea does hereby DENY a Permeant Encroachment Application (EN 23-077) for the installation of additional encroachments, including two terraced landscape walls and railroad tie and decomposed granite steps, the legalization of, and modification to, existing encroachments, including wood retaining walls at the northwest corner of the property, driveway river stone retaining wall and wood steps on the north side Attachment 1
of the property in the public right-of-way, adjacent to a single-family residence located at the southeast corner of Torres Street and 5th Avenue, APN: 010-092-012-000.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of December, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
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Attachment 2
TORRES (GIVENS) STATEMENT FOR CITY COUNCIL
REGARDING ROW PERMANENT ENCROACHMENT APPLICATION PERM EN 23-077 The applicant proposes replacing existing railroad tie steps from Fifth Avenue onto parcel, and a new railroad tie and Decomposed Granite staircase, with handrail from Torres Street onto parcel. Both stairs traverse steep hillsides which are treacherous for pedestrian access. The driveway is on the Torres hill slope and is slippery for pedestrians during rain or heavy fog events. The right of way currently erodes into 5th Avenue and Torres Street during winter rains. The homeowner have shoveled the eroded soil back into the ROW after each rain episode. It is the applicant’s belief that the addition of 2 landscape walls will prevent the ongoing erosion and limit soil and debris from accompanying the existing drainage paths downhill. This will keep both streets at their desired width without hill-slip after rains. The homeowners would like to remove the large, unsightly tree stump on Torres Street and landscape the ROW with pollinator and hummingbird friendly CA native flowers and flowering shrubs. Their efforts will bring beauty and safety to a high visibility corner in the downtown corridor.
A. Need. The applicant shall be determined to have a justifiable need for the encroachment, and the encroachment shall not be contrary to the public interest. Applicant requests mitigation of erosion problem of hillside and stairs to property on steep hillside of Torres Street
B. Safety. The granting of an encroachment permit shall not create a hazard to public health or safety.Encroachment work shall improve public safety by introducing stairs with handrail into property, removal of large tree trunk impeding into Torres Street and reclaiming areas of Torres & 5th Streets impeded by soil erosion each rainy season.
Landscape walls shall keep all soil off the roads, resulting in cleanliness and consistent roadway width year round.
C. Drainage. The proposed encroachment shall not adversely affect the normal drainage of surface water, unless an acceptable mitigation is included that will be advantageous to the general public and meet the standards herein.
Work shall not disrupt current drainage patterns. Proposed work will slow the existing drainage speeds and prevent soil erosion which has plagued this corner in the past.
D. Circulation and Parking.
1. The proposed encroachment shall not adversely affect vehicular and/or pedestrian traffic nor the parking of vehicles.The encroachment will improve vehicular traffic by preventing soil erosion (hill slide) into the street during rain events. There are no sidewalks or pedestrian areas in the ROW, thus no effect.
2. The proposed encroachment shall not adversely impact existing rights-of-way nor preclude or make difficult the establishment or improvement of existing or potential streets or pedestrian ways.The encroachment will not adversely impact nor preclude existing rights of way. Improvement or establishment of future work will be aided by tree trunk removal, landscape wall installation and reclaiming of the existing roadway from hill slide.
E. Public Use and Enjoyment.
1. The proposed encroachment shall not diminish public use or enjoyment, either visual or physical, of the City property or public right-of-way to be encroached upon. The encroachment follows Carmel Design Guidelines for visual aesthetic. The ROW will be landscaped for the Public enjoyment with flowering CA Native landscaping. It will bring color and beauty to a dark, unlandscaped corner in the busy, walkable downtown area.
2. The encroachment and enjoyment shall be in the public interest. See above.
3. The length of time an encroachment has existed shall not by itself prejudice a decision. Not Applicable Attachment 3
F. Compatibility.
1. The proposed encroachment and its mitigation shall be consistent with the General Plan and the adopted ordinances of the City. Particular attention shall be given to Section P1-48 of the General Plan, which prohibits the construction of sidewalks and concrete curbs in the R-1 district, unless necessary for drainage and/or pedestrian safety. The encroachment follows the General Plan. The stairs are natural materials and for safe pedestrian access to the parcel.
2. The encroachment shall not create, extend, or be reasonably likely to lead to an undesirable land use precedent. The encroachment will not create undesirable land use precedent. Similar encroachments are present in the City.
3. Granting of a permit shall not adversely affect the usability or enjoyment of one or more adjoining parcels.
The encroachment would not adversely affect adjoining parcels.
4. The proposed encroachment and its mitigation shall be compatible with the surrounding area and adjoining properties.The proposed encroachment and its mitigation are compatible with the surrounding area and adjoining properties.
G. Public Property/Greenbelt.
1. The proposed encroachment shall not adversely affect any public property, including existing vegetation or its root structure, and shall not significantly reduce greenbelt area that may be used for tree planting. The encroachment will retain existing ROW trees and bushes. A large tree stump shall be removed, at request of the Planning Commission. Right of Way shall be planted with flowering CA Natives, increasing and improving the greenbelt.
2. Significant trees which would be affected by the proposed encroachment shall be identified by the Director of Forest, Parks and Beach and approval for removal shall follow City policy. Significant trees were identified by the City Forester during the planning phase of home remodel in 2022. Trees are marked on Site Plan, will be protected during Encroachment work, and shall be ringed with CA Natives from the City’s list of compatible plants for protected trees in the tree root zone.
H. Mitigation. When deemed appropriate by the City, the applicant shall include those measures appropriate to compensate the City for the loss of the use of City property or the public right-of-way, or to repair damage thereto.
Applicant agrees to measures appropriate to compensate the City for the loss of the use of City property or the public right-of-way, or to repair damage thereto.
Attachment 3