Barnet Segal's Association with Palo Alto Savings & Loan Building

CITY OF CARMEL-BY-THE-SEA
City Council Agenda
Regular Meeting
October 3, 2006

VIII. Public Hearings

A. Consideration of an appeal of the Historic Resources Board determining that the former Palo Alto Savings and Loan building is historically significant and listing the property on the Carmel Inventory of Historic Resources. The appellant is John Mandurrago representing the Pacific Grove Land Company. The property is identified as Block 91 Lots 2, 4, 6 & 8.


Selected excerpts from the city's public record, as follows:

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT ADDENDUM

TO: MAYOR McCLOUD AND COUNCIL MEMBERS

FROM: BRIAN ROSETH, PRINCIPAL PLANNER

DATE: 12 SEPTEMBER 2006

SUBJECT: CONSIDERATION OF AN APPEAL OF A DECISION OF THE
HISTORIC RESOURCES BOARD DETERMINING THE FORMER PALO ALTO SAVINGS AND LOAN BUILDING IS HISTORICALLY SIGNIFICANT AND LISTING THE PROPERTY ON THE CARMEL INVENTORY OF HISTORIC RESOURCES.

I. INTRODUCTION
On 1 August 2006, the City Council continued the Plaza del Mar appeal with a request that staff evaluate new evidence in the record that linked Walter Burde's Palo Alto Savings and Loan building with Barnet Segal - a potentially important person in Carmel's history.

II. BACKGROUND ON HISTORIC FIGURES AND PRESERVATION
There are four categories used in classifying historic resources. These are:

(1) The resource is associated with events that have made a significant contribution to broad patterns of local or regional history or the cultural heritage of California or the United States; or

(2) The resource is associated with the lives of persons important to local, California or national history; or

(3) The resource embodies distinctive architectural characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; or

(4) The resource has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.

Criteria-2 properties are considered historic if they are closely associated with the lives of people that are important to the physical or cultural development of a city, region, state or nation.

For a property to qualify under Criteria-2, it must be very closely associated with the important person that it is supposed to represent. Weak associations are less effective in the public education/interpretation goal of historic preservation. If there is more than one property that might represent an important figure, preserving the one with the strongest associations is the usual practice.

Criteria-2 resources should be related to the period of time when the important person was doing whatever made him/her important. If an important author lived in several different homes, it is most appropriate to preserve the home where the author produced their most important works.

Evaluating Properties Less Than Fifty Years Old

Eligibility for Exceptional Importance
The phrase "exceptional importance" does not require that the property be of national significance. It is a measure of a property's importance within the appropriate historic context, whether the scale of that context is local, State, or national.

Comparison with Related Properties
In justifying exceptional importance, it is necessary to identify other properties within the geographical area that reflect the same significance or historic associations and to determine which properties best represent the historic context in question.

III. DOES THE EVIDENCE SUPPORT A CRITERIA-2 DESIGNATION?
Was Barnet Segal an Important Person?

Barnet Segal was a man of great accomplishments. His legacy continues even after his death because of the charitable trust he created. He established Carmel's first bank. This is an important milestone in the development of any young city. It is one mark of a city's growing substance, maturity and permanence. Known by locals as "Barney's Bank," it provided loans for construction of many of the homes and commercial buildings that make up the character of Carmel. The respect that he earned, and his value to the community were so widely recognized that he was often called "Mr. Carmel." He helped establish the Carmel Art Association, an institution important for Carmel's burgeoning art community and a continuing presence today. All of these contribute to a determination that Barnet Segal was an important person in Carmel's history.

Designating a building as historic on the basis of an important person requires a finding that the person was of exceptional importance.

Is the Property or Bank Building Closely Associated with Barnet Segal
Barnet Segal and the Bank of Carmel occupied the Dolores/Seventh site from 1958 through 1983- a span of twenty-five years. He died in 1985. The first fourteen years of this occupancy was in a building that pre-dated construction of the Walter Burde-designed building.

Just prior to construction of the Walter Burde building, there was a flurry of mergers and bank reorganizations. Apparently, the Palo Alto Savings and Loan merged with the Salinas Savings and Loan. This combined entity then merged with the Bank of Carmel. During this merger activity Barnet Segal sold some his shares in the Bank of Carmel. While he was still part owner of the bank as a significant shareholder, he no longer held a majority interest and no longer controlled the bank. A year after these changes, the old bank building was demolished and the new Walter Burde design was built. Barnet Segal maintained an office in the new bank building where he ran an insurance company until shortly before his death.

Note: Corrections to above 2 paragraphs: "Bank of Carmel" should read "Carmel Savings and Loan Association."

Are There Other Properties that Might Represent Barnet Segal?
Barnet Segal is associated with a second location. He originally established the Bank of Carmel in the building that still stands on the northeast corner of Dolores Street and Ocean Avenue, currently occupied by Carmel Forecast. This building was built in 1938 expressly for Barnet Segal and the Bank of Carmel. The bank occupied this site from 1939 until 1957, nineteen years. It was listed on the Carmel Inventory of Historic Resources on the basis of its architecture.

The current owner of this building, Paul Laub, has filed an appeal to remove his property from the City's Inventory of Historic Resources. That appeal is still pending. Absent a resolution of that appeal, the Council should not attempt to compare these two buildings. Each building should be evaluated independently, each in their own appeal hearings.

Is the Bank Relevant to the Interpretation of Barnet Segal's life?
Barnet Segal was productive at this site as the owner of a bank (1958-1972) and as the owner of an insurance company (1973-1983). This entire 25-year period was part of Segal's productive years. However, his occupancy of the Walter Burde building is just ten years and this, not as a banker.

Conclusion
If the Council determines that some historic resource should be identified to represent Barnet Segal, this building would qualify. The Dolores/Seventh building is less than 50 years old. Identifying this building as historic requires a finding that Barnet Segal was a person of exceptional importance. If the Council finds that he meets this test, and the appeal is denied, the building's architectural merit further enhances its value to the City.

COMMENTS:
1. Corrections to Brain Roseth's STAFF REPORT ADDENDUM include a substitution of "Carmel Savings and Loan Association" for "Bank of Carmel;" while both were established by Barnet Segal, the Bank of Carmel was founded in 1923, while the Carmel Savings and Loan Association was founded in 1940. And the Bank of Carmel occupied the Ocean Avenue & Dolores St. N.E. Corner site, while the Carmel Savings and Loan Association occupied the Dolores St. & 7th Avenue site.

2. At the 8 August 2006 City Council meeting, the adoption of findings granting an appeal of a decision of the Historic Resources Board, determining the former Palo Alto Savings and Loan building to be historically significant and listing the property on the Carmel Inventory of Historic Resources, while prepared and on the Consent Calendar, was delayed due to new information. The appeal was then continued to the 12 September 2006 City Council meeting and then to the 3 October 2006 City Council meeting.

3. The City Council had concluded that the bank building is not of exceptional importance using the National Register Bulletin important architect/important works criterion, is not of exceptional importance under the National Register's "best example" criterion and is not of exceptional importance using the National Register's "one of a kind" criterion. Therefore, in the prepared City Council Findings, the Council Action was as follows: "The Historic Resources Board decision is reversed. The Palo Alto Savings and Loan Building (Bank Building) shall not be listed on the Carmel Inventory of Historic Resources."

4. Criterion (3) or architecture was evaluated in the context of National Register Bulletins #15 and #22 for evaluating resources less than 50 years old. "These bulletins suggest that properties younger than fifty years old should meet a higher standard than older properties to qualify as historic."

4. In Brian Roseth's STAFF REPORT ADDENDUM, he writes "For a property to qualify under Criteria-2, it must be very closely associated with the important person that it is supposed to represent. Weak associations are less effective in the public education/interpretation goal of historic preservation. If there is more than one property that might represent an important figure, preserving the one with the strongest associations is the usual practice." And he includes "Evaluating Properties Less Than Fifty Years Old, Comparison with Related Properties In justifying exceptional importance, it is necessary to identify other properties within the geographical area that reflect the same significance or historic associations and to determine which properties best represent the historic context in question."

Yet Principal Planner Roseth also writes "the Council should not attempt to compare these two buildings;" namely the Bank of Carmel at the N.E. Corner of Ocean Avenue & Dolores St. and the now commonly known Palo Alto Savings and Loan building.

CONCLUSION:
"If there is more than one property that might represent an important figure, preserving the one with the strongest associations is the usual practice."

Based on Criterion (2), important person, is the "strongest association" the Bank of Carmel or the Palo Alto Savings and Loan building? The Bank of Carmel building, already on the City's Inventory of Historic Resources due to its architecture, represents the first chartered bank in Carmel-by-the-Sea established by Barnet Segal in 1923, while Barnet Segal operated his Carmel Insurance Agency from an office in the Palo Alto Savings and Loan building.

CEASE AND DESIST ORDER NO. R3-2005-0022, CITY OF CARMEL BY THE SEA, MONTEREY COUNTY

 
Carmel Bay Area of Special Biological Significance (ASBS) 

UPDATE: According to Chris Adair, Senior Water Resource Control Engineer, Central Coast Regional Water Quality Control Board, CEASE AND DESIST ORDER NO. R3-2005-0022, CITY OF CARMEL BY THE SEA, MONTEREY COUNTY, although drafted and on the Water Board’s February 2005 agenda, was never issued; “We feel that the work being done between Carmel-by-the-sea (Carmel) and the State Water Board to resolve the ASBS discharge issues meets the intent of the proposed CDO. Until such time as the issues are satisfactorily resolved, the members of the Monterey Regional storm water group (including Carmel) which discharge to the ASBS are required to comply with Attachment 4 of the Phase 2 Stormwater Permit. For more information on Attachment 4, go to the State Board website at www.waterboards.ca.gov and click on Water Quality/Stormwater/Phase 2 or check the EPA website.”

GLOSSARY OF TERMS:

Area of Special Biological Significance (ASBS): “those areas designated by the State Water Resources Control Board requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable.” Ex. Carmel Bay ASBS (ASBS No. 34)

California Ocean Plan (Ocean Plan): Adopted by the State Water Resources Control Board (State Board) and approved by the U.S. Environmental Protection Agency (U.S. EPA), lists 34 coastal marine waters which the State Board has designated as Areas of Special Biological Significance (ASBS).
To be in compliance with the Ocean Plan, the city must either: 1) redesign or redirect the storm drain system so that no runoff enters in or near the Carmel Bay ASBS; or 2) apply for an exception to the ASBS discharge prohibition.

Ocean P1an, Section III.E.1.: “Waste shall not be discharged to areas designated as being of special biological significance. Discharges shall be located a sufficient distance from such designated areas to assure maintenance of natural water quality conditions in these areas.”

The Ocean Plan, Section III.I.1: Allows the State Board to grant exceptions to this prohibition, provided that the exception "will not compromise protection of ocean waters for beneficial uses, and, [t]he public interest will be served."

State Water Resources Control Board: The branch of State government responsible for protection of water quality, and which develops and implements policies for this purpose. The SWRCB developed the General Permit for use by entities that must be permitted under the Phase II storm water regulations.

Stormwater: Precipitation that does not infiltrate into the soil including material dissolved or suspended in it.

Sources: http://www.waterboards.ca.gov/plnspols/docs/asbs/dischargers/carmelbyseapw_101804.pdf
http://www.waterboards.ca.gov/rwqcb3/Permits/documents/FinalMRSWMPwithallchangesaccepted4-8-05.pdf


BRIEF ABBREVIATED CHRONOLOGY:

March 21, 1974: State Water Resources Control Board, in Resolution Number 74-28, designated 31 Areas of Special Biological Significance (ASBS.) Later, the State Board designated 3 additional ASBS, including the Carmel Bay ASBS (ASBS Number 34), for a total of 34.

2001: The Ocean Plan (Resolution Number 2000-108) states: “Waste shall not be discharged to areas designated as being of special biological significance. Discharges shall be located a sufficient distance from such designated areas to assure maintenance of natural water quality conditions in these areas.”

October 18, 2004: The State Board issued 2 “Prohibition of Waste Discharges into the Area of Special Biological Significance” letters to the Pebble Beach Company and the City of Carmel by the Sea.
“The Prohibition letters explained that storm water discharge from each municipality violates the ASBS discharge prohibition in Section III.E.1 of the Ocean Plan. The Prohibition letters required the discharger to notify the State Board by January 1, 2005, as to whether the discharger intends to apply for an exception to the ASBS-prohibition.”

February 2005: The MRSWMP (Monterey Regional Storm Water Management Program) and the CDOs (Cease and Desist Orders) were postponed from the February 2005 Water Board hearing in response to multiple motions being filed the week prior to the February hearing. The motions were filed by Latham and Watkins, LLP, representing the Pebble Beach Company and the City of Carmel-by-the-Sea, and by the Natural Resources Defense Council (NRDC).

Documents submitted by the two groups included:
1. Oppositions to the Monterey Regional Storm Water Management Program and the Cease and Desist Orders;
2. Motions for continuance;
3. Procedural objections, including objections to Designated Party status for any non-permittee;
4. Subpoenas;
5. Requests for Designated Party status from the Dischargers, environmental groups, several Farm Bureaus, and several golf associations; and
6. Requests for more time for preparation and document review by all parties.

March 22, 2005: The City of Carmel-by-the-Sea submitted a “Small MS4 Permit Waiver Letter for Carmel-by-the-Sea,” which outlined their arguments for not needing Storm Water Permit coverage.

April 14, 2005: Water Board staff issued a response letter informing the City of Carmel-by-the-Sea of steps they would need to take to formally apply for an exception to the Phase II General Permit or an individual NPDES permit.

May 2005: The Water Board staff has withdrawn the Cease and Desist Orders for prohibited ASBS-discharges, pending further consideration.

September 12, 2006: At the City Council meeting, the City Council unanimously approved a Resolution authorizing payment of $125,000 now (and another $125,000, for a total of $250,000, to be paid in FY 2007/08) to the Pebble Beach Company for legal costs associated with CEASE AND DESIST ORDER NO. R3-2005-0022, CITY OF CARMEL BY THE SEA, MONTEREY COUNTY. In the Agenda Item Summary, City Administrator Rich Guillen stated “After nearly 6 months of legal meetings with staff and the WQCB (State Water Quality Control Board) including several State public hearings the total legal costs to the City was $250,000.” And he stated “Legal representation delayed the CDO and provided an opportunity for the three impacted cities and PBC to continue to dialogue with the WQCB to find a workable solution to protect ASBS. The effort is ongoing with another hearing scheduled in September 2006.”

Note: California Environmental Protection Agency, State Water Resources Control Board meeting, September 21, 2006. (http://www.waterboards.ca.gov/wksmtgs/pastagn06.html)

(Source: http://www.waterboards.ca.gov/rwqcb3/Permits/documents/Item4staffrpt.pdf)


For additional perspective,
Monterey County Weekly

Squid
Sep 28, 2006

MONEY FOR NOTHING...

http://www.montereycountyweekly.com/issues/Issue.09-28-2006/opinion/Article.squid_fry

WHO is This Man?...Barnet J. Segal

Barnet J. Segal
Banker, Businessman & Philanthropist

January 29, 1898 - September 6, 1985


CHRONOLOGY:

January 29, 1898: Born Barnet Segal in New York, New York; (“Barney”)

1923: Established Bank of Carmel, first chartered bank in Carmel-by-the-Sea; Charter dated February 20, 1923; Opened July 23, 1923; Managed Bank of Carmel for 16 years; Later known as the Crocker Bank.

1928: Sold controlling interest in bank to T. A. Work.

1928-1936: City Treasurer, Carmel-by-the-Sea

1929-1940: Dealt in Real Estate and Insurance

1938: Bank of Carmel building constructed in 1938 “expressly for Barnet Segal and the Bank of Carmel.”

1939: Bank of Carmel moved to “new building” at Ocean Avenue & Dolores St., N.E. Corner

1940: Founded Carmel Savings and Loan Association.

1958: Carmel Savings and Loan Association moves to Dolores St. & 7th Avenue, S.E. Corner.

1971: “Turned over” to Palo Alto-Salinas Valley Savings and Loan, later known as Northern California Savings and Loan Association; arrangement allowed Segal to maintain an office in building where he operated the Carmel Insurance Agency until 1983.

1971: “Current building constructed.” Barnet Segal maintained an office in the building until his retirement in the early 1980s.


September 6, 1985: Died in Monterey, CA.

(Sources: The Carmel Pine Cone, Monterey Peninsula Herald and Staff Report Addendum, Brian Roseth, Principal Planner, September 2006.)

CLUE # 3: Who is This Man?

 
The intaglio in the above photo is the other intaglio on the south facade of the building; this intaglio depicts Junipero Serra, carved by artist Paul Whitman 

This building, associated with this man, is on the City's Inventory of Historic Resources under Criterion #3 of the California Register due to the following three reasons:

1. It is the only 1930s Art Deco Style building in Carmel-by-the-Sea.

2. It was designed by noted local architect C. J. Ryland, who also designed the original Sunset Auditorium.

3. The intaglios depicting Junipero Serra by Paul Whitman, an important local artist, are intact.

CLUE # 2: Who is This Man?

 
Intaglio on Carmel Inventory of Historic Resources Building; Built in 1938. 
The intaglio depicted in the above photo is one of two prominent intaglios on this Carmel Inventory of Historic Resources building; the building is associated with this man's "first" for the City of Carmel-by-the-Sea.

WHO is This Man?

  

CLUE: In 1923, he founded a "first" for Carmel-by-the-Sea in the City of Carmel-by-the-Sea.

Barnet J. Segal
Banker, Businessman & Philanthropist

January 29, 1898 – September 6, 1985

1923: Established Bank of Carmel, first chartered bank in Carmel-by-the-Sea; Charter dated February 20, 1923; Opened July 23, 1923; Managed Bank of Carmel for 16 years; Later known as the Crocker Bank.

1938: Bank of Carmel building constructed in 1938 “expressly for Barnet Segal and the Bank of Carmel.”

1939: Bank of Carmel moved to “new building” at Ocean Avenue & Dolores St., N.E. Corner

(see Thursday, September 28, 2006 BLOG Post for more information)

City Council Overturns HRB's Decision: Alice Meckenstock House

 
Resource Name: Alice Meckenstock House
Location: Lincoln St. 3 S.E. 7th Avenue 

This appeal of the Historic Resources Board to deny a request by the owner of the Alice Meckenstock House to remove this property from the City's Inventory of Historic Resources represents the eighth appeal of an Historic Resources Board's decision to the City Council; and represents the eighth appeal granted by the City Council, thereby removing the Alice Meckenstock House from the City's Inventory of Historic Resources.

Selected relevant excerpts from the public record, as follows:

CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 12, 2006

VIII. Public Hearings

C. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the east side of Lincoln between 7th & 8th Avenues from the City’s Inventory of Historic Resources. The appellant and property owner is Diane Sena.

Historic Resources Board 4/17/06

Board member Lagerholm moved to grant the appeal, seconded by Dyar and failed on the following roll call vote:

AYES: DYAR, LAGERHOLM
NOES: COSS, HOLZ, WENDT
ABSENT: NONE

Boar member Coss moved to deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: COSS, HOLZ, WENDT
NOES: DYAR, LAGERHOLM
ABSENT: NONE

Staff Recommendation: Grant the Appeal

Council Member ROSE moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE


Meeting Date: 12 September 2006
Prepared by: Sean Conroy, Associate Planner
City Council
Agenda Item Summary

Name: Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located in the Single Family Residential (R-1) from the City’s Inventory of Historic Resources. The appellant and property owner is Diane Sena (E/s Lincoln bet. 7th & 8th, APN: 010-148-011).

Description: The appellant’s property is listed on the City’s Inventory of Historic Resources that was adopted as part of the Local Coastal Program in 2004. The subject residence is a one-story bungalow that was constructed in 1923. The appellant seeks removal the property from the City’s list of Historic Resources. Approval of the appeal would overturn a decision of the Historic Resources Board and result in removing the property from the list.

Staff Recommendation: Grant the appeal.

Important Considerations: CMC 17.32.070 states that a property identified as an historic resource on the Carmel Inventory shall be presumed historically significant and shall not be removed from the City’s Inventory unless substantial evidence demonstrates that it is not an historic resource.

Decision Record: The Historic Resources Board denied the appellant’s request to remove the property from the City’s Inventory of Historic Resources on 17 April 2006. The applicant filed an appeal with the City Clerk on 19 April 2006.


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT

TO: MAYOR McCLOUD AND COUNCIL MEMBERS

FROM: SEAN CONROY, ASSOCIATE PLANNER

DATE: 12 SEPTEMBER 2006

SUBJECT: CONSIDERATION OF AN APPEAL OF THE HISTORIC RESOURCES BOARD’S DECISION TO DENY A REQUEST TO REMOVE A PROPERTY FROM THE CITY’S INVENTORY OF
HISTORIC RESOURCES LOCATED IN THE SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT.

SUMMARY RECOMMENDATION
Grant the appeal.

BACKGROUND & PROJECT DESCRIPTION
The subject residence is a one-story bungalow located on the east side of Lincoln Street between Seventh and Eighth Avenues. The residence was constructed in approximately 1923 and has horizontal wood siding. The structure was identified as an historic resource as part of the City’s on-going survey of historic structures. A DPR 523 form was filed with the City on 28 July 2002 and was accepted by the California Coastal Commission as part of the City’s Inventory of Historic Resources in October 2004. The DPR indicates that the structure qualifies as an historic resource under California Criterion #3 (architecture) as an excellent, unaltered example of the Bungalow style in Carmel. The DPR indicates that the property relates to the Architectural Development theme of the City’s Historic Context Statement.

The HRB denied the appeal on 17 April 2006 and the appellant filed an appeal application with the City Clerk on 19 April 2006.

Basis of Appeal: The appellant is requesting that the subject structure be removed from the City’s Inventory of Historic Resources for the following reasons:

1. The residence is not unaltered and does not have a hipped roof, as identified in the original DPR 523 Form.

2. The residence is not an excellent example of a Craftsman style bungalow.

3. The residence is not architecturally significant.

Comparative Resources: There are approximately 62 other Craftsman-style structures listed on the City’s Inventory, approximately 32 of which date to the 1920’s. There are also numerous examples of early vernacular architecture. As previously mentioned, one of the possible reasons for removing a structure from the Inventory is that there are a sufficient number of other, better preserved or more important resources of the same type elsewhere within the City. This appears to be the case with this property.

Staff agrees with the analysis of both Meta Bunse and Sheila McElroy and is recommending that the appeal be granted.

RECOMMENDATION
Grant the appeal.

City Council Overturns HRB's Decision: Herron Cottage & Tree House

 
Resource Name: Herron Cottage & Tree House
Location: Casanova St. & 9th Avenue, N.E. Corner 
This appeal of the Historic Resources Board to deny a request by the owner of Herron Cottage & Tree House to remove this property from the City's Inventory of Historic Resources represents the seventh appeal of an Historic Resources Board's decision to the City Council; and represents the seventh appeal granted by the City Council, thereby removing Herron Cottage & Tree House from the City's Inventory of Historic Resources.

Selected relevant excerpts from the public record, as follows:

CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 12, 2006

VIII. Public Hearings

B. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the northeast corner of Casanova & Ninth Avenue from the City’s Inventory of Historic Resources. The appellant and property owner is Schatzi Joy.

Historic Resources Board 4/17/06

Board member Dyer moved to deny the appeal and directed staff to have Mr. Seavy review criteria #2 with regards to Mr. Murphy and Ms. Herron, seconded by Holz, and carried by the following roll call vote:

AYES: COSS, DYAR, HOLZ, LAGERHOLM, WENDT
NOES: NONE
ABSENT: NONE

Staff Recommendation: Deny the Appeal

Council Member HAZDOVAC moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member BETHEL and carried by the following roll call:

AYES: BETHEL, HAZDOVAC, ROSE & McCLOUD
NOES: CUNNINGHAM
ABSENT: NONE
ABSTAIN: NONE


Meeting Date: September 12, 2006
Prepared by: Sean Conroy, Senior Planner

City Council
Agenda Item Summary

Name: Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located in the Single Family Residential (R-1) District from the City’s Inventory of Historic Resources. The appellant and property owner is Schatzi Joy (northeast corner Casanova & Ninth Avenue, Block C, Lot 20, APN: 010-194-009).

Description: The appellant seeks removal of the property from the City’s Inventory of Historic Resources. Approval of the appeal would overturn a decision of the Historic Resources Board and result in removing the property from the list.

Staff Recommendation: Deny the appeal.

Important Considerations: The subject property has been included on the City’s Inventory of Historic Resources that was adopted as part of the Local Coastal Program in 2004. The residence on the site was constructed in 1924 and the subordinate unit on the site was constructed in 1939.

CMC 17.32.070 states that a property identified as an historic resource on the Carmel Inventory shall be presumed historically significant and shall not be removed from the City's Inventory unless substantial evidence demonstrates that it is not an historic resource.

Decision Record: The Historic Resources Board denied the applicant’s request to remove the property from the City’s Inventory of Historic Resources on 17 April 2006. The applicant filed an appeal with the City Clerk on 1 May 2006.


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT

TO: MAYOR McCLOUD AND COUNCIL MEMBERS

FROM: SEAN CONROY, SENIOR PLANNER

DATE: 12 SEPTEMBER 2006

SUBJECT: CONSIDERATION OF AN APPEAL OF THE HISTORIC RESOURCES BOARD’S DECISION TO DENY A REQUEST TO REMOVE A PROPERTY LOCATED IN THE SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT FROM THE CITY’S INVENTORY OF HISTORIC RESOURCES.

SUMMARY RECOMMENDATION
Deny the appeal.

BACKGROUND & PROJECT DESCRIPTION

The subject property contains a one and one-half story Tudor style residence and a detached garage with a subordinate unit above. The residence and garage were constructed in 1924, possibly by M.J. Murphy, and the subordinate unit was constructed by Miles Bain in 1939.

The residence was identified as an historic resource as part of the City’s on-going survey of historic structures. A DPR 523 form was filed with the City on 8 September 2002 and was accepted by the California Coastal Commission as part of the City’s Inventory of Historic Resources in October 2004. The DPR indicates that the primary residence qualifies as an historic resource under California Criterion #2 (persons) for its association with Shari Herron, and California Criterion #3 (architecture) as an excellent, unaltered example of the Tudor style in Carmel. The DPR indicates that the property relates to the Development of Art and Culture and the Architectural Development themes of the City’s Historic Context Statement. The DPR also indicates that the detached garage/studio is historically significant.

Basis for Appeal: The appellant is requesting that the subject structure be removed from the City’s Inventory of Historic Resources for the following reasons:

1. The association of the property to Shari Herron does not meet the standards of California Criterion #2.

2. There is no clear evidence that M.J. Murphy designed or built the residence and garage.

3. The design of the residence does not qualify as representative of an important architectural style.

Comparative Resources: There are approximately 47 other Tudor-style structures listed on the City’s Inventory, 34 of which date to the 1920’s. However, most of these have been altered and only approximately 8 remain substantially intact. Because of its high degree of integrity, important architectural style and its ability to convey a sense of time and place, the Historic Resources Board determined that the residence should be maintained on the City’s Inventory. Staff concurs with the Board.

HRB’s Review: In summary, the HRB’s decision to deny the appeal was based on the following points:

• The residence is an excellent, unaltered example of the Tudor Revival style in the City.

• The residence has maintained a high degree of architectural integrity compared to other structures of a similar style built during the 1920’s.

• Shari Herron made significant contributions to the development of art and culture in the City.

RECOMMENDATION
Deny the appeal and direct staff to make the following changes to the DPR 523 form:

1. Remove the reference to California Criterion #2 and the Development of Art and Culture theme and specify that the property is only significant under California Criterion #3.

2. Remove the reference to M.J. Murphy as the builder and designer.

City Council GRANTS 7th & 8th HISTORIC APPEALS at 12 September 2006 Meeting

Between 2 May 2006 and 12 September 2006, the City Council of Carmel-by-the-Sea has granted 8 appeals, of a total of 8 historic appeals to the City Council, overturning decisions of the Historic Resources Board and thereby removing these properties from the City’s Inventory of Historic Resources.

CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
May 2, 2006

VIII. PUBLIC HEARINGS
#1. Resource Name: E. P. Young Spec. House
C. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the west side of Carmelo, between Eleventh and Twelfth Avenues from the city’s Inventory of Historic Resources. The appellant and property owner is David Hall.

Historic Resources Board 2/27/06
Board member Lagerholm moved to grant the appeal and remove the residence from the City’s Inventory of Historic Resources the motion failed due to lack of a second.

Board member Coss moved to deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: COSS, HOLZ, WENDT
NOES: LGERHOLM
ABSENT: DYAR

Staff Recommendation: Grant the appeal.

Council Member HAZDOVAC moved to approve the appeal of the Historic Resources Board’s decision and to remove the property located on the west side of Carmelo, between Eleventh and Twelfth Avenues from the City’s inventory of historic resources, seconded by Council Member BETHEL and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC & McCLOUD
NOES: NONE
ABSENT: ROSE


CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 6, 2006

VIII. PUBLIC HEARINGS
#2. Resource Name: Wild Cottage
B. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located in the Single Family Residential (R-1) District from the City's Inventory of Historic Resources (Norman and Eleanor Moscow, W/s Camino Real bet. 11th & 12th, Blk R, Lot 11 & 13, APN: 010-274- 005).

Historic Resources Board 1/23/06
Board member Lagerholm moved to grant the appeal and remove the residence from the City’s Inventory of Historic Resources, seconded by Coss and failed by the following roll call vote:

AYES: COSS, LAGERHOLM,
NOES: DYAR, HOLZ, WENDT
ABSENT: NONE

Board member Dyar moved to deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: DYAR, HOLZ, WENDT
NOES: COSS, LAGERHOLM
ABSENT: NONE

Staff Recommendation: Grant the appeal.

Council Member ROSE moved to overturn the decision of Historic Resources Board and to remove the property located in the Single Family Residential (R-1) District from the City’s Inventory of Historic Resources, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

#3. Resource Name: Palo Alto Savings and Loan Building
F. Consideration of an appeal of a decision of the Historic Resources Board placing a commercial structure, known as the Palo Alto Savings and Loan building, on the Carmel Inventory of Historic Resources. The building is located on the southeast corner of Seventh Avenue and Dolores Street. The property owner is the Pacific Grove Land Company. The appellant and project designer is John Mandurrago.

Historic Resources Board 12/19/05
Board member Coss moved grant the appeal and to place the building on the City’s Inventory of Historic Resources, seconded by Lagerholm and carried by the following roll call vote:

AYES: DYAR, COSS, LAGERHOLM
NOES: WENDT
ABSENT: HOLZ
ABSTAINED: NONE

Staff Recommendation: Deny the appeal and uphold the Board’s decision.

Council Member ROSE moved to grant the appeal and remove the commercial structure, known as the Palo Alto Savings and Loan building, from the Carmel Inventory of Historic Resources, seconded by Council Member CUNNINGHAM and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM & ROSE
NOES: HAZDOVAC & McCLOUD

UPDATE: As a result of “new information” regarding Barnet J. Segal’s association with the commonly known Palo Alto Savings and Loan building, the Public Hearing will be re-opened at the 3 October 2006 City Council meeting; Findings were not yet adopted for 6 June 2006 decision.


CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
July 11, 2006

VIII. PUBLIC HEARINGS
#4. Resource Name: House No. 4 for E. M. White
Common Name: “Quiet Cove”
B. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the west side of San Antonio between Ocean & 4th Avenues from the City’s Inventory of Historic Resources. The appellant and property owner is Alfred Johnson.

Historic Resources Board 2/27/06
Board member Coss deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: COSS, HOLZ, LAGERHOLM, WENDT
NOES: NONE
ABSENT: DYAR

Staff Recommendation: Deny the appeal.

Council Member ROSE moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, HAZDOVAC, ROSE & McCLOUD
NOES: CUNNINGHAM


#5. Resource Name: DeSabla Horse Barn
C. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the west side of Carpenter between 3rd & 4th Avenues from the City’s Inventory of Historic Resources. The appellant and property owner is Doreen Silva.

Historic Resources Board 3/20/06
Board member Holz moved to deny the appeal, seconded by Coss and carried by the following roll call vote:

AYES: COSS, DYAR, HOLZ, LAGERHOLM,
NOES: NONE
ABSENT: NONE

Staff Recommendation: Grant the appeal.

Council Member HAZDOVAC moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member ROSE and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC
ROSE & McCLOUD
NOES: NONE


CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 8, 2006

VIII. Public Hearings
#6. Resource Name: Daniel T. Fiske House
B. Consideration of an appeal of the Historic Resources Board’s decision to deny a request to remove a property located on the east side of Casanova Street between 7th and 8th Avenues from the City’s Inventory of Historic Resources. The appellant is William G. Doolittle and the property owner is the William G. Doolittle Trust.

Historic Resources Board 6/19/06
Board member Lagerholm moved to grant the appeal and remove it from the City’s Historic Inventory, motion died due to lack of a second.

Dyar moved to deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: DYAR, HOLZ, WENDT
NOES: LAGERHOLM
ABSENT: COSS

Staff Recommendation: Grant the appeal.

Council Member HAZDOVAC moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member ROSE and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE

CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 12, 2006

VIII. Public Hearings
#7. Resource Name: Herron Cottage & Tree House
B. Consideration of an appeal of the Historic Resources Board’s decision
to deny a request to remove a property located on the northeast corner of
Casanova & Ninth Avenue from the City’s Inventory of Historic
Resources. The appellant and property owner is Schatzi Joy.

Historic Resources Board 4/17/06
Board member Dyer moved to deny the appeal and directed staff to have Mr. Seavy review criteria #2 with regards to Mr. Murphy and Ms. Herron, seconded by HOLZ, and carried by the following roll call vote:

AYES: COSS, DYAR, HOLZ, LAGERHOLM, WENDT
NOES: NONE

Staff Recommendation: Deny the Appeal

Council Member HAZDOVAC moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member BETHEL and carried by the following roll call:

AYES: BETHEL, HAZDOVAC, ROSE & McCLOUD
NOES: CUNNINGHAM


#8. Resource Name: Alice Meckenstock House
C. Consideration of an appeal of the Historic Resources Board’s decision
to deny a request to remove a property located on the east side of
Lincoln between 7th & 8th Avenues from the City’s Inventory of Historic
Resources. The appellant and property owner is Diane Sena.

Historic Resources Board 4/17/06
Board member Lagerholm moved to grant the appeal, seconded by Dyar and failed on the following roll call vote:

AYES: DYAR, LAGERHOLM
NOES: COSS, HOLZ, WENDT

Boar member Coss moved to deny the appeal, seconded by Holz and carried by the following roll call vote:

AYES: COSS, HOLZ, WENDT
NOES: DYAR, LAGERHOLM

Staff Recommendation: Grant the Appeal

Council Member ROSE moved to grant the appeal, overturn the decision of the Historic Resources Board and remove the property from the City’s Historic Inventory, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL,CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE

Carmel County Roads vs. Carmel-by-the-Sea City Roads

 
Monterey County Public Works Chip Seal Resurfacing Project
Location: Camino Del Monte, north of Junipero Avenue
View: Towards the county, city pavement in foreground, chip seal resurfaced pavement in background 
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA

Regular Meeting
Tuesday, September 12, 2006

V. Announcements from Closed Session, from City Council Members and the City Administrator.

B. Announcements from City Council members. (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

City Councilman Michael Cunningham announced “Good news…some work that’s been done on our roads around the outside of Carmel, at the top of the hill on Highway 1, thanks to CalTrans and on the top of Carpenter, the top of Ocean and on Rio Road, thanks to Monterey County Public Works. Those road repairs are very badly needed and certainly welcome to anyone who uses those routes...”

Later in the meeting, during the discussion of how to allocate the $705,596 surplus from Fiscal year 2005/06, Gerard Rose stated that “Now that the county has begun to take on some of the entries to the city, I think it’s becoming more and more obvious that things are better in the county than they are in the city, at least in terms of the conditions of our streets…we’ve got some potholes that are unacceptable.”

City Councilman Erik Bethel echoed City Councilman Rose’s sentiments by stating the following: “Regarding what to do with the money, I think it would be prudent to put some in reserves, but we should also think about, I think it’s obligation of any government to not only provide public safety to it’s citizens, but also to provide a good infrastructure. And right now our road infrastructure and general infrastructures are in need of repairs.”

Note: In The Carmel Pine Cone article of 15 September 2006, “Budget report: city finishes fiscal year with an extra $700K,” Mary Brownfield wrote, “and councilman Erik Bethel said it would be prudent to put some of the money in reserves, which were depleted for capital improvements last year.” Misleading readers, Mary Brownfield included the first part of Erik Bethel’s statement, but neglected to include the last part of his statement. Additionally, City Administrator Rich Guillen stated that reserves were “depleted for capital improvements last year.” More incomplete and misleading reporting from The Carmel Pine Cone!

Comments:
Apparently the reality of the County outperforming the City of Carmel-by-the-Sea motivated City Councilman Gerard Rose to at least address one aspect of Carmel-by-the-Sea’s deferred maintenance, namely the condition of our roads. Embarrassment as a motivating force, in lieu of a proactive policy of consistently budgeting for deferred maintenance projects, does not exactly inspire confidence in this City Council’s leadership!

A City Council In Total DISARRAY Over The Mills Act

UPDATE:
Council Retreat – 5:00 p.m.
October 9, 2006 – Please note change of date
Location TBA

Mills Act Workshop – 5:00 p.m.
October 24, 2006
Council Chambers

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA

Regular Meeting
Tuesday, September 12, 2006

XI. Orders of Council

D. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. Adjournment

Prior to adjournment, the last tedious 15 minutes were spent scheduling a Mills Act Workshop and a City Council Retreat.

After a few minutes of chaotic talk, City Attorney Don Freeman stated, as follows:

“By way of a question, what are you anticipating a Workshop on the Mills Act is going to produce for you?”

Councilwoman Paula Hazdovac: “We will learn something. I’m not prepared to vote on anything at this point until..."

City Attorney Don Freeman: “Well, the issues are more than just the Mills Act, I would think, because what you want to know is what the criteria that we have that you have already established, that you have already adopted, whether any of those need to be amended in light of a new context statement being rewritten or amended, what effect it would have and then what effect anything would have on your budget in over however period of time...”

Later, City Administrator Rich Guillen reiterated his previous memo and suggested that the Workshop would cover Steps One and Two, public education and a discussion of the Mills Act criteria and the Retreat would cover Steps Three and Four, attorney review of a model agreement and the fiscal impacts.

Clearly exasperated, City Councilman Erik Bethel stated “Are we deciding whether or not to have a meeting at all or what we’re going to have at the meeting?”

After proposed dates of Thursday September 28 and Thursday October 5 were rejected, the City Council Members finally decided on Tuesday October 10 at 5:00 P.M. for the Workshop. However, after City Administrator Guillen made his suggestion, as described above, he then recommended that since he would be in Europe for two weeks beginning October 12, the Retreat should be held October 10 “because I’ll be here.” And the Workshop should be held either “October 17, Oct 19 or anytime after that cause I don’t think I necessarily have to be there.”

Finally, after a disjointed and chaotic 15 minutes, the City Council Members agreed to a Retreat on Tuesday, October 10, 2006 at 5:00 P.M. at a place to be determined and a Workshop on Tuesday, October 24, 2006 at 5:00 P.M. Input for the Retreat agenda was solicited.

Note: Mayor McCloud remarked during the discussion, “I don’t think that most people out there, Mike, know what the Mills Act is anymore than the Council does...”


COMMENTS:
That it took the City Council 15 minutes to decide the scope (?) and dates of a Retreat and Mills Act Workshop suggests that the City Council will not get a grip on the city’s Mills Act as codified in the city’s Local Coastal Program (LCP) for some time into the future. Which begs the question, what else in the city’s LCP did the City Council Members not read and comprehend in terms of its contents and consequences prior to their submission of the city’s LCP to the California Coastal Commission for certification?


Reference:
City Council Minutes
Regular meeting
August 8, 2006

City Administrator Guillen presented for Council consideration four points:

1. A City Council workshop needs to be scheduled to educate the public on how the Mills Act will be applied in our community;

2. Staff needs to present to the City Council (at a regularly scheduled meeting) Mills Act criteria that meets the minimum intent of the State Law and is in-line with City Council policy direction;

3. The City Attorney needs to review and recommend to the City Council a model agreement that can be applied to any property that meets the Mills Act criteria; and

4. Finally, staff needs to analyze the financial impact to the City’s Property Tax revenues so that the City Council fully understands the financial impact of Mills Act property approvals.

California ReLeaf Grant to Friends of Carmel Forest

 
Dead "Ghost" Monterey Cypress Tree
Location: Carmel Beach, North of Del Mar Avenue 

Friends of Carmel Forest, a nonprofit organization established in 1989, whose mission includes the “Environmental Beautification” of Carmel-by-the-Sea and, as the “officially-designated support group of the City of Carmel-by-the-Sea," assisting the city preserve the city’s Monterey Pine, Monterey Cypress and Coast Live Oak Trees, is a 2006 California ReLeaf grant recipient. The $2,310 grant will cover the costs of purchasing and planting Monterey Pine and Cypress Trees along the south side of Ocean Avenue between San Antonio and Camino Real and on the Carmel Beach, north of Del Mar Avenue, and maintaining the trees during the grant period.

California ReLeaf was founded in 1989 and incorporated as a 501 (c)(3) nonprofit organization in 2004. Their mission is “To empower grassroots efforts and build strategic partnerships that preserve, protect, and enhance California’s urban and community forests.” To accomplish their mission, California ReLeaf administers a Tree-Planting Grant Program; the program is funded through a contract with the California Department of Forestry and Fire Protection. Since 1992, California ReLeaf has granted more than $2.2 million to community-based groups throughout the state.

For those interested, individuals can subscribe free to California Trees, California ReLeaf’s newsletter, which features news and commentary on urban forestry programs and concerns statewide. To join the California Trees mailing list, please email your name and mailing address to caltrees@californiareleaf.org.

Additionally, Friends of Carmel Forest, is a member of the California ReLeaf Network, a statewide alliance of approximately 80 community-based organizations that “share the common goals of planting and protecting trees, fostering an ethic of environmental stewardship, and promoting citizen involvement.”

As the planting of the Monterey Pines and Cypress Trees is scheduled for the month of October 2006, Friends of Carmel Forest are seeking volunteers to water the trees once a week once planted. For information, please call the President of Friends of Carmel Forest, Clayton Anderson, (831) 624-3208.

M76728 UPDATE: City Monetary Compensation to Attorney Conners

National Register of Historic Places Flanders Mansion
Location: 25800 Hatton Road; Mission Trail Nature Preserve 
TOTAL CITY MONETARY AMOUNT TO SPECIAL COUNSEL
WILLIAM B. CONNERS
M76728, FLANDERS FOUNDATION v. CITY OF CARMEL-BY-THE-SEA:
(March 2005 – August 2006):

111097 8/8/06 WILLIAM B. CONNERS $ 260.00 LEGAL SERVICES-FLANDERS LAWSUIT
111150 8/15/06 WILLIAM B. CONNERS $ 500.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 760.00

110707 6/13/06 WILLIAM B. CONNERS $ 580.00 LEGAL SERVICES-FLANDERS LAWSUIT

110419 5/2/06 WILLIAM B. CONNERS $ 1,400.00 LEGAL SERVICES-FLANDERS LAWSUIT
110570 5/23/06 WILLIAM B. CONNERS $ 540.00 LEGAL SERVICES-FLANDERS LAWSUIT
----Vendor Total---- $ 1,940.00

110141 3/21/06 WILLIAM B. CONNERS $ 880.00 LEGAL SERVICES – FLANDERS LAWSUIT

110014 2/28/06 WILLIAM B. CONNERS $ 3,780.00 JAN '06 LEGAL SERVICES

109798 1/24/06 WILLIAM B. CONNERS $ 1,260.00 LEGAL SERVICES

109626 12/27/05 WILLIAM B. CONNERS $ 1,780.00 LEGAL SERVICES-FLANDERS

109353 11/15/05 WILLIAM B. CONNERS $ 40.00 PROFESSIONAL SERVICES

109165 10/11/05 WILLIAM B. CONNERS $ 7,220.00 PROFESSIONAL SERVICES

108976 9/13/2005 WILLIAM B. CONNERS $ 4,280.00 PROFESSIONAL SERVICES

108897 8/30/05 WILLIAM B. CONNERS $ 2,520.00 PROFESSIONAL SERVICES

108622 7/20/05 WILLIAM B. CONNERS $ 2,940.00 PROFESSIONAL SERVICES

108410 6/14/05 WILLIAM B. CONNERS $ 2,360.00 PROFESSIONAL SERVICES

108242 5/24/05 WILLIAM B. CONNERS $ 2,660.00 PROFESSIONAL SERVICES

107869 3/22/05 WILLIAM B. CONNERS $ 1,540.00 PROFESSIONAL SERVICES

TOTAL: $34,540.00 (March 2005 - August 2006)

(Source: City of Carmel-by-the-Sea web site http://www.ci.carmel.ca.us/ March 2005 – August 2006 Check Registers)

Tree Stump REMOVAL, Anyone?

 
Tree Stump
Location: S/s 8th Av. between Mission St. & San Carlos St.
One of 19 Tree Stumps in Carmel-by-the-Sea between Junipero Av. to the east and Scenic Road to the west, 2nd Av. to the north & Santa Lucia Av. to the south. 
City of Carmel-by-the-Sea Tree Stumps Locations:

W/s Carmelo St. bet. 7th Av. & 8th Av.

N/s 11th Av. bet. Carmelo St. & Camino Real St.

E/s Carmelo St. bet. 11th Av. & 12th Av.

E/s Carmelo St. bet. 12th Av. & 13th Av.

E/s Camino Real St. bet. 12th Av. & 13th Av.

W/s Monte Verde St. bet 13th Av. & Santa Lucia Av.

E/s Monte Verde St. bet. Ocean Av. & 7th Av.

W/s Lincoln St. bet. Ocean Av. & 7th Av.

N/s 8th Av. bet. Dolores St. & Lincoln St.

E/s Dolores St. bet. 7th Av. & 8th Av.

S/s 8th Av. bet. Mission St. & San Carlos St.

N/s 8th Av. bet. Mission St.. & San Carlos St.

W/s Mission St. bet. 7th Av. & 8th Av.

E/s Mission St. bet. 7th Av. & 8th Av.

W/s Junipero Av. bet. 7th Av. & 8th Av.

N/s 5th Av. bet. Dolores St. & San Carlos St.

N/s 6th Av. bet. Dolores St. & Lincoln St.

W/s Lincoln St. bet. 5th Av. & 6th Av.

E/s Lincoln St. bet. 5th Av. & 6th Av.

SURVEY: Forest Theatre

 
Survey By Neill Engineers, Consulting Engineers, Carmel-by-the-Sea
Date: Friday, 8 September 2006 

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: SEPTEMBER 12, 2006
SUBJECT: FY 2005-06 FINANCIAL REPORT THROUGH 4th QUARTER

City Administrator Goals & Objectives

Establish Forest Theater Enterprise Unit and Work with Foundation to establish Phases for Implementation of Master Plan - A draft business plan (the precursor to developing the Enterprise Unit) has been prepared by the Community Services Director and consulting CPA, Paul Wood. The plan is currently under review by the City Administrator. The City Engineer at the request of the Foundation is preparing a site survey so that design work for the Theater upgrades can be made.


CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
ADOPTED BUDGET
FISCAL YEARS
2006/07 THROUGH 2008/09

Selected Highlights Regarding the Forest Theatre, as follows:

1. City Administrator’s Budget Message

Expenditure Projections

• An Enterprise Fund is being created for the Forest Theater so that revenues/expenses (Fiscal Year 2005/2006 profit was $18,000 to the General Fund) can be managed separately from the General Fund, as was the practice in the past.

4. Annual Work Plan

City Administrator's Goals

5. Establish Forest Theater Enterprise Fund and work with Forest Theater Foundation to establish phases for implementation of Master Plan

Community Services
Forest Theater Renovation Plans 4/26/04 ongoing $ 400,000 Forest Theater Foundation fundraising for renovation plan costs. Should be no cost to City.


CAPITAL IMPROVEMENTS PROGRAM
Capital Improvements (2005/06)

$ 18,000 Forest Theater Fire Sprinklers

Note: City's only expenditure for the Forest Theatre in the Triennial Budget, FY 2006-2009.

ENTERPRISE FUND
The City's Enterprise Fund is a new fund started with fiscal year 2006-07. The fund was established to account for the operations of the Forest Theater separately from the General Fund. Revenues in excess of operational expenses will be maintained in a reserve fund to pay for capital improvements for the Forest Theater.

REVENUES (Revised) and EXPENDITURES (Revised), FY 2006/07: $33,040

Tobacco "Pollution" vs. Signage "Pollution"

 
"Public Parking 5 A.M. - MIDNIGHT" Sign
Location: W/s Scenic Road between 13th Av. & Santa Lucia Av.
One of 25 Public Parking Signs on Scenic Road and Del Mar Parking Area between Ocean Av. & Santa Lucia Av. Visualize 25 additional "No Tobacco" Signs Posted With the "Public Parking" Signs Along "Scenic" Carmel Beach. 

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
AGENDA

Regular Meeting
September 13, 2006

XI. SIGNS

2. City of Carmel
West end of Ocean Avenue, the Del Mar parking area and Scenic bet Del Mar & Santa Lucia Block(s) C1, C2, A1, A2, A3, A4, and A5

Consideration of a Municipal Project and Coastal Development Permit for the installation of “No Tobacco” signs in the public right-of-way on Scenic Road and Del Mar between Ocean and Santa Lucia Avenues in the Single Family Residential (R-1), Beach and Riparian (BR), Archaeological Significance (AS) and Park (P) Overlay Districts.

COMMENTS:

Open-air smoking along the Beach Bluff Pathway and on Carmel Beach is soon to be deemed illegal by the Planning Commission and the City Council of Carmel-by-the-Sea, while the proliferation of “No Tobacco” signage “pollution” on Scenic Road and the Del Mar Parking Area is deemed acceptable in order to curtail an unenforceable "crime."

Total Number of Existing “Public Parking 5 A.M. – MIDNIGHT” Signs on Scenic Road & Del Mar Parking Area: 25 (12 Signs on Scenic Road between 8th Av. & Santa Lucia Av. and 13 Signs in the Del Mar Parking Area)

Add another approximately 25 “No Tobacco” Signs; a total of 50 plus signs along the less than 1 mile long Carmel Beach!

11 September 2006: In HONOR of FIREFIGHTERS

Finally, after months of “Labor Negotiations” regarding the Carmel Firefighters and the Management and General Employees, the City Council of Carmel-by-the-Sea has placed a Resolution ratifying a Memorandum of Understanding between the City and the Firefighters and the Management and General Employees.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
Regular Meeting
Tuesday, September 12, 2006

V. Consent Calendar

F. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel Firefighters Association.

G. Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-and the Management and the General Employees Associations.


Reference:
CITY COUNCIL
Tour of Inspection
&
Closed Session
Monday, May 1, 2006, Monday, June 5, 2006, Monday, July 10, 2006

III. Adjournment to Closed Session at City Hall

Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:

A./B. Labor Negotiations – Gov’t. Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Guillen, to give direction regarding labor negotiations with the Firefighters, LIUNA Local 270 and Police Officer Associations.


CITY COUNCIL
Tour of Inspection
&
Closed Session
Monday, August 7, 2006

III. Adjournment to Closed Session at City Hall
Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:

A. Labor Negotiations - Gov't Code Section 54957.6 (a) Meet and confer with the Carmel-by-the-Sea's Meyers-Milias Brown Act representative, City Administrator Guillen, to give direction regarding labor negotiations with the Firefighters and LIUNA Local 270.

Piccadilly Park Restroom: Construction By David Fink, Water City's Responsibility

Piccadilly Park
Location: W/s Dolores St. between Ocean Av. & 7th Av.
View from Entrance to Piccadilly Park, note Temporary Porta-Potty at left and Wood Framed Permanent Restroom at right. 

As reported in The Carmel Pine Cone (City accepts public bathroom gift, will find the water somewhere,” Mary Brownfield, The Carmel Pine Cone, September 8, 2006), “city officials” communicated to restaurateur David Fink, of the soon to be opened Cantinetta Luca, that his proposal to finance the construction of a restroom in Piccadilly Park, as part of his remodeling, was not possible unless he gave “up three restaurant seats – each reportedly worth $25,000 to $30,000 in annual gross revenues – to provide the water for it.” Contradicting this position, however, was Principal Planner Brian Roseth. Roseth stated that he will communicate to the Monterey Peninsula Water Management District that “Fink should not have to provide more water for the new bathroom” because water allocation is based on the number of seats in the restaurant, and since there is no change in the number of restaurant seats, the City’s water allocation should not be debited.

As of 7 March 2006, the City’s Water Allocation Categories and Specific Water Amounts in each Category are as follows:

TOTAL AVAILABLE WATER RESOURCE 3.26 acre feet

Category #1: Low & Very Low Income Housing .788 acre feet
This category includes residential housing units that meet the affordable housing standards for low-income and/or very low-income households as estimated by the Municipal Code.

Category #2: Single Family Residential 0.0 acre feet

Category #3: Multi-Family Residential 0.0 acre feet
This category includes permanent and non-transient multi-family housing in all commercial and R-4 Districts, including new apartments and condominiums, conversions of commercial space to residential dwellings, and the housing component of mixed-use projects.

Category #4: Commercial 0.0 acre feet
This category includes construction of new commercial floor space and conversion of existing space to uses with a greater demand for water. This category also includes the commercial component of mixed-use projects.

Category #5: Municipal .224 acre feet
This category includes all forms of municipal projects including expansion or renovation of existing facilities, construction of new facilities and changes in use.

Category #6: Unallocated Reserve 1.69 acre feet
This category is unallocated and is to be held as uncommitted until assigned to a defined category through adoption of a new Allocation Resolution by the City Council.

Category #7: Mallery/Pescadero Water Transfer Reserve .115 acre feet
This category includes the remaining balance from .960 acre-feet of water originally set aside through a transfer of development rights for four vacant lots in Pescadero Canyon owned in 1998 by Tim Mallery but dedicated as permanent open-space. This water may be used for residential, multi-family residential, commercial or public use development as determined by Mallery, provided that the project complies with all zoning and provided that the project is located with the City limits.

Category #8: Spinning Wheel .334 acre feet
This category is for water remaining from .56 acre feet of water that came from the Spinning Wheel Restaurant.

Category #9: Forest Cottages Pre-commitment .109 acre feet
This category is for water pre-committed to the Forest Cottages Specific Plan for the creation of two low-income housing units. If this denied by the City Council or Coastal Commission or the project is not built by 1 March 2008 or is otherwise abandoned, the water shall return to Category #1.

(Source: STAFF REPORT, SEAN CONROY, ASSOCIATE PLANNER, 7 MARCH 2006,
CONSIDERATION OF A RESOLUTION NO. AMENDING AND REPLACING RESOLUTION NO. 2000-132, ESTABLISHING CATEGORIES FOR WATER ALLOCATION AND SPECIFIC WATER AMOUNTS TO BE ASSIGNED TO EACH CATEGORY.)

Therefore, of the City’s “TOTAL AVAILABLE WATER RESOURCE” of 3.26 acre feet, the City has at least two water categories from which the City can allocate and debit water for the Piccadilly Park Restroom; Category #5: Municipal (.224 acre feet) and Category #6: Unallocated Reserve (1.69 acre feet).

Note: 1 Toilet Fixture x 1.7 Units = 1.7 Total Unit Value
1 Bathroom Sink Fixture x 1 Unit = 1 Total Unit Value
(Source: Monterey Peninsula Water Management District, Water Permit Application, Plumbing Fixture Summary Form)

Hence, 1 Toilet and 1 Sink, 2.7 Units or approximately 0.027 acre feet.

For perspective, the City of Carmel-by-the-Sea typically reserves 0.25 acre feet to a proposed 1800 sq. ft residence on a 4000 sq. ft. lot.

Conclusion: The City, contrary to “city officials’” misleading water stinginess, has the ability and public responsibility to allocate and debit from the City’s allocation the required acre feet amount for the Piccadilly Park restroom. Moreover, Principal Planner Brian Roseth’s proposed argument to the Monterey Peninsula Water Management District is more flimflam from the City’s master at flimflam; one only has to recall his concocted verbose nonsense argumentation for the removal of 43 historic resources from the City’s Inventory of Historic Resources.


Reference:
General Plan/Coastal Land Use Plan Land Use & Community Character Element
Community Infrastructure
Water Resources

P1-116 Where existing public services including water can accommodate only a limited amount of new development, priority uses, including essential public services, public recreation, commercial recreation, and visitor-serving land uses shall not be precluded by services to other development. (LUP)

CHRONOLOGY of Ocean Avenue Medians Renovation Project: STEP 1

  
George Dipeso Landscaping Man on Kubota Tractor
Location: Ocean Avenue Median between Monte Verde St. & Lincoln St.


STEP 1: Shrub & vegetation removal; Week of August 28 – September 1, 2006.

CHRONOLOGY of Ocean Avenue Medians Renovation Project: STEPS 2-5

  
George DiPeso Landscaping Tree Stump Removal Machine
Location: Ocean Avenue Median between Dolores St. & San Carlos St.

UPDATE:

STEP 2: Tree Stump Removal: Weeks of September 4-8 and 11-15, 2006

STEP 3: Irrigation System Installation; Weeks of September 18-22 and 25-29, 2006.

STEP 4: Landscape with drought tolerant plants: Week of October 2-6, 2006.

STEP 5: Lighting Installation (subject to City Council approval).

Note: Dates approximate

Sources: George DiPeso, Designer & Contractor, George DiPeso Landscaping, 1497 Highland Pl., Seaside, 394-4664, since 1977. An award-winning residential, commercial and city park landscape designer; & empirical observation.

Monetary Donations: Ocean Avenue Medians Renovation Project

City Council Agenda
Regular Meeting
June 6, 2006

VII. Consent Calendar

H. Consideration of a Resolution accepting gifts totaling $100,000 for the Ocean Avenue Median Strip Renovation Project.

Council Member ROSE moved approval of Consent Calendar Items A., B., C., F. & H., seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE


Meeting Date: June 6, 2006
Prepared by: Joyce Giuffre
City Council
Agenda Item Summary

Name: Consideration of a Resolution of the City Council of the City of Carmel-by-the-Sea accepting gifts totaling $100,000 and gifts in kind for the Ocean Avenue Median Renovation Project.

Description: The City has received gifts and pledges totaling $100,000 and gifts in kind for the Ocean Avenue Median Renovation Project. The list of donors and amounts are listed on the attached Resolution. Amounts have been gifted or pledged based on the following five median sections: a) Junipero to Mission, b) Mission to San Carlos, c) San Carlos to Dolores, d) Dolores to Lincoln, and e) Lincoln to Monte Verde. The five median sections have gifts or pledges of $20,000 each for a total of $100,000.

On December 6, 2005, the City Council accepted the first gift for the Ocean Avenue Median Project when it adopted Resolution 2005-73 accepting a donation from the Larry Farrell/Carmel Rotary Club Fund for $10,000.

Including the Larry Farrell/Carmel Rotary Club Fund $10,000 gift, the City has received $75,000 in gifts, $25,000 in pledges, and gifts in kind for landscape architect and design services. The City expects to receive the pledged amounts in the very near future.

A special deposit account was established to hold the donated monies until the City incurs the renovation project expenses. The deposit account number is 50-24050-0580.

Overall Cost: City Funds: n/a
Grant Funds: n/a
Staff time: n/a

Staff Recommendation: Approve the resolution accepting the gifts and pledges totaling $100,000 and the gifts in kind and authorize the use of the funds for the Ocean Avenue Median Renovation Project.

Important Considerations: City Policy C89-41 requires City Council approval for all donations and gifts to the City with a value in excess of $1,000.

Decision Record: Resolution 2005-72 dated December 5, 2005, which approved acceptance of the Larry Farrell/Carmel Rotary Club Fund $10,000 gift.

Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date


CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING GIFTS TOTALING $100,000 AND GIFTS IN KIND FOR THE OCEAN AVENUE MEDIAN RENOVATION PROJECT

WHEREAS, the City has received gifts and pledges totaling $100,000 and gifts in kind for the Ocean Avenue Median Renovation Project; and WHEREAS, the following amounts have been received or pledged:

1) Richard V. and Mimi Gunner as trustees of the Gunner Revocable Trust (owners of the Pine Inn), $20,000 for the block from Lincoln to Monte Verde.

2) The Carmel Plaza, $20,000 for the block from Junipero to Mission.

3) The Doud/Archer family, $10,000 from John Plastini and a pledge of $10,000 from Shreve Archer for the block from Mission to San Carlos.

4) The Glen and Dale Leidig families, $10,000 received and $10,000 pledged by the Leidig/Draper family, for the block from San Carlos to Dolores.

5) Larry Farrell/Carmel Rotary Club Fund $10,000 and $10,000 from the Carmel Chamber of Commerce of which Denny LeVett gifted $5,000 and the Chamber has pledged the remaining $5,000 for the block from Dolores to Lincoln.

6) Gift in kind from landscape architect Michelle Comeau for her design of the median and landscape designer Kathleen Coss for her overall project coordination.

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

1. Accept with gratitude the gifts and pledges totaling $100,000 and the gifts in kind from the parties noted above for the Ocean Avenue Median Renovation Project.

2. Authorize the monies to be recorded to deposit account 50-24050-0580 and used toward the cost of the Ocean Avenue Median Renovation Project.

3. Direct the Mayor to send a letter of thanks and appreciation each of the donors for their generous gifts.

4. Direct the City Clerk to inscribe each of the donor’s names on plaques to be located on each block.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of June 2006, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
ATTEST:
______________________
SUE McCLOUD, MAYOR
_____________________
Heidi Burch
City Clerk

"Watch This Spot:" DiPeso Ocean Avenue Medians Landscaping

  

MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
July 20, 2006

IV. ORDERS OF COUNCIL

A. Consideration of a resolution to award a contract to George DiPeso Landscaping in the amount of $76,053 and authorize a 10% contingency of $7,605 for the landscape renovation of the Ocean Avenue medians.

Mike Branson, City Forester, presented the staff report.

Mayor McCloud opened and closed the meeting to public comment at 4:46 p.m.

Council Member HAZDOVAC moved approval of the resolution to award a contract to George DiPeso Landscaping in the amount of $76,053 and authorize a 10% contingency of $7,605 for the landscape renovation of the Ocean Avenue medians with the amendment “Authorize the City Administrator, WITH THE APROVAL OF THE CITY ATTORNEY, to execute a contract…”, seconded by Council Member BETHEL and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

Council directed staff to work with landscaper on:

Conducting work during early morning hours to avoid traffic congestion and delays on Ocean Avenue.

Signage to be put up during Concours week denoting the construction in progress.

Keeping the areas surrounding the medians clean during Concours week.


Meeting Date: 20 July 2006
Prepared by Mike Branson
City Council
Agenda Item Summary

Name: Consideration of a Resolution to award a contract to George DiPeso Landscaping in the amount of $76,053 and authorize a 10% contingency of $7,605 for the landscape renovation of the Ocean Avenue medians.

Description: Notice of a project to renovate the landscape of the Ocean Avenue medians between Junipero Avenue and Monte Verde Street was published in the Monterey County Herald on two dates and the plans and specifications were available at the Central Coast, Santa Cruz, and Salinas Builders Exchanges. In addition, landscape contractors licensed to work within the City of Carmel-by-the-Sea were sent a notice inviting bids on the project. Five bids were received on 14 July 2006 and the lowest complete bid was received from George DiPeso Landscaping in the amount of $76,053.

Overall Cost:
City Funds: $83,658 (bid amount plus a $7,605 contingency)
Grant Funds: None.
Staff time: 45 hrs

Staff Recommendation: Adopt a resolution awarding a contract to George DiPeso Landscaping in the amount of $76,053 and authorize a 10% contingency of $7,605 for the landscape renovation of the Ocean Avenue medians.

Important Considerations: The bid results are:
George DiPeso Landscaping $76,053
A.E.S. Landscape $78,680
Craven Landscaping $92,495.55
Q.L.S. $97,400
New Image Landscape $135,000

Decision Record: None.

Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date


Carmel-by-the-Sea
May 2006 Check Register

110437 5/2/06 JOHN LEY'S TREE SERVICE 4,200.00 OCEAN AVE MEDIAN TREE REMOVAL & PRUNING

PART I: Lighting Demo on Ocean Avenue Median

  

WHAT: Lighting Demo on Ocean Avenue Median; lights "up-light" selected tree trunks and selected, to be planted, low-lying plants.

WHERE: Ocean Avenue Median between Monte Verde St. & Linclon St.

WHEN: Now

WHY: To give Carmelites a preview of the proposed scheme for the lighting of all 10 Ocean Avenue Medians between Monte Verde St. & Junipero Avenue; 1 Median between Monte Verde St. & Lincoln St., 3 Medians between Lincoln St. & Dolores St., 3 Medians between Dolores St. & San Carlos St., 2 Medians between San Carlos St. & Mission St. and 1 Median between Mission St. & Junipero Avenue.


MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 22, 2006

IV. CONSENT CALENDAR

A. Consideration of a Resolution entering into a professional services Agreement with Aurum Consulting Engineers Monterey Bay, Inc. for Electrical and Lighting Design of the Ocean Avenue Median Renovation Project.

Council Member CUNNINGHAM moved approval of the Consent Calendar, seconded by Council Member HAZDOVAC and carried by the following roll call:

AYES: BETHEL, CUNNINGHAM, HAZDOVAC, ROSE & McCLOUD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE


City Council
Agenda Item Summary

Name: Consideration of a Resolution approving hiring Aurum Consulting Engineers Monterey Bay lighting design services for the Ocean Avenue Landscape Project in an amount not to exceed $6,300.

Description: The landscape upgrading of the Ocean Avenue islands is underway. Bid documents have been prepared and are currently being circulated. The Project includes landscape lighting. Aurum Consulting will design the lighting system which includes fixtures, lighting controls and wiring. In addition, Aurum Consulting will prepare specifications that will be included as an addendum in the bid documents currently circulating.

Overall Cost:
City Funds: $6,300
Grant Funds: Donated Funds

Staff time: 2 hours for contract administration

Staff Recommendation: Approve the Resolution.

Important Considerations: Professional services for engineering and design of the median lighting system doesn’t require going out to bid. Due to the time constraints on the project, staff is recommending that Aurum be hired as a sole source consultant.

Decision Record: The City Council conceptually approved the landscape plan.

Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date

PART II: Lighting Demo on Ocean Avenue Median

  
One Light in Ocean Avenue Median
Location: Ocean Avenue Median between Monte Verde St. & Lincoln St.

Extrapolating from the Ocean Avenue Lighting Demo in the Median between Monte Verde St. & Lincoln St., the proposed lighting scheme encompasses approximately 3-5 lights per Median for a total of approximately 34 lights in the 10 Ocean Avenue Medians between Monte Verde St. & Junipero Avenue; 1 Median between Monte Verde St. & Lincoln St., 3 Medians between Lincoln St. & Dolores St., 3 Medians between Dolores St. & San Carlos St., 2 Medians between San Carlos St. & Mission St. and 1 Median between Mission St. & Junipero Avenue.


Carmel-by-the-Sea Municipal Code
Chapter 15.36
ELECTRICAL CODE*

15.36.070 Lighting Requirements.

A. Commercial Buildings/Zones.

1. All light fixtures shall not be directed toward the public right-of-way.

2. Lighting intensity shall not exceed eight-candlefoot power at a point two feet beyond the storefront windows as measured in a vertical or horizontal plane three feet above the ground or public walking surface.

3. Lighting intensity within the interior of the store space shall not exceed 30-candlefoot power at any point visible from the public right-of-way as measured in a vertical or horizontal plane three feet above the floor or walking surface.

B. Residential Buildings/Zones.

1. All exterior lighting attached to the main building or any accessory building shall be no higher than 10 feet above the ground and not exceed 25 watts in power per fixture.

2. Landscape lighting shall not exceed 18 inches above the ground nor more than 15 watts per fixture and shall be spaced no closer than 10 feet apart. Landscape lighting shall not be used for tree, wall, fence or accent lighting of any type. The purpose of landscape lighting is to safely illuminate walkways and entrances to the subject property.

3. No exterior lighting is permitted upon City property and may not be directed toward City property.

4. Flood-type lighting is prohibited at all times.
EXCEPTION: Flood-type lighting may be permitted with expressed written approval of the Planning Division and/or Building Official upon written request and used for the sole purpose of security and each fixture connected to a motion sensor. Each fixture shall be limited to 50 watts each. (Ord. 99-04 (Exh. B), 1999).

Carmel-by-the-Sea's Long-Term "Carmel Camouflage" Porta-Potties vs. Permanent Restrooms

 
Sunset Center Parking Lot Porta-Potty
Location: N.W. Corner of Parking Lot, San Carlos St. & 8th Av. 

“...obviously there’s a need there for something...And we don’t have a lot to offer in that regard.” (Mayor Sue McCloud on the lack of public restrooms inCarmel-by-the-Sea, “Sunset Center parking lot porta-potty spells relief for tourists,” The Carmel Pine Cone, September 1, 2006.)

Apparently, as a result of complaints to Mayor Sue McCloud and “city hall,” Mayor McCloud “ordered the toilet,” a long-term “Carmel camouflage” porta-potty installed in the north Sunset Center lot at Mission St. & 8th Avenue.

For a one industry village based solely on tourism, with “up to 2 million visitors” per year, to have only 3 city-owned public permanent restrooms is vastly inadequate. The Carmel-by-the-Sea General Plan/Coastal Land Use Plan, Coastal Access and Recreation Element states “Provide adequate facilities that will serve the needs of the public,...” (G4-3). And “Retain the current second restroom facility at Santa Lucia Avenue until it can be replaced by a permanent site. Remove this facility upon construction of one or more additional permanent restrooms south of Eighth Avenue. (LUP)” (P4-41) But, according the Mary Brownfield’s reporting, “city officials” have said “someday” they intend to build a permanent restroom at Santa Lucia Avenue.

In the last triennial budget deliberations, the City Council committed the city to record expenditures for the promotion of tourism, yet apparently City Council Members do not regard the immediate building of permanent restrooms as a priority. Aesthetics and providing adequate restrooms facilities for visitors and residents alike dictates that the “Carmel camouflage” porta-potta at Scenic Road and Santa Lucia Avenue be replaced by a permanent restroom and another permanent restroom be built near Eighth Avenue as soon as possible. Anything less is reprehensible and irresponsible.


Reference:
Carmel by-the-Sea
General Plan

General Plan/Coastal Land Use Plan Coastal Access and Recreation Element
Goals, Objectives and Policies
Beach Access

Recreation and Support Facilities

G4-3 Provide adequate facilities that will serve the needs of the public, mitigate damage to the environment, and respect the neighborhood. (LUP)

P4-41 Retain the current second restroom facility at Santa Lucia Avenue until it can be replaced by a permanent site. Remove this facility upon construction of one or more additional permanent restrooms south of Eighth Avenue. (LUP)