1 of 70-80 Low Voltage Landscape Lights in the Ocean Avenue Medians Highlighting Trees, Shrubs, Signs & Banners
Ocean Avenue between Junipero Avenue & Monte Verde St.
1 of 2 Low Voltage Landscape Lights Highlighting World War I Memorial
Ocean Avenue & San Carlos St. (West End of Median)
ABSTRACT: A Carmelite wrote a letter to City Administrator Rich Guillen on Monday, 10 September 2007, with a copy to City Attorney Don Freeman, regarding approximately 70-80 low voltage landscape lights in the Ocean Avenue medians. The letter cites violations of the Municipal Code and requests a City Council agenda item on the Ocean Avenue median lights, including amendments to the Municipal Code and hours of operation.
10 September 2007
City Administrator Rich Guillen:
As the City has had months to rectify the dissonance between the installation of approximately 70-80 lights in the Ocean Avenue medians and the Municipal Code Lighting Requirements, I am writing to request a City Council agenda item for the Ocean Avenue Median Lights, including amendments to the Municipal Code and hours of operation. For energy conservation purposes, hours of operation between sunset and midnight should be considered. Presently, the lights highlight trees, shrubs, signs and banners until about 6:00 A.M., approximately 10-12 hours of operation daily.
RESOLUTION NO. 2006-38 approved “THE HIRING OF AURUM CONSULTING ENGINEERS MONTEREY BAY LIGHTING FOR DESIGN SERVICES FOR THE OCEAN AVENUE LANDSCAPE PROJECT IN AN AMOUNT NOT TO EXCEED $6,300” for “design services” only.
Therefore, according to Municipal Code, Chapter 10.70, REGULATION OF PUBLIC PROPERTY USES, Section 10.70.010, it is incumbent on the City Council to approve “lighting,” as follows:
10.70.010 Unauthorized Regulation of Public Property Uses.
It is unlawful for any person to regulate uses of public property including traffic and vehicular uses, by sign, object, logo, lighting, paint or other method, without prior authorization from the City Council. (Ord. 91-6 § 1, 1991).
The installation of lights in the Ocean Avenue Medians also violates Municipal Code, Chapter 15.36 ELECTRICAL CODE, Section 15.36.070 Lighting Requirements, as follows:
15.36.070 Lighting Requirements.
A. Commercial Buildings/Zones.
1. All light fixtures shall not be directed toward the public right-of-way.
Additionally, A. 2. states, “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.”
For uniformity and consistency purposes, Residential Buildings/Zones B. 2. states, “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.” “Flood-type lighting is prohibited at all times,” except with written approval of the Planning Division and/or Building Official. Within the lighting industry, the low voltage landscape lights installed in the Ocean Avenue medians are considered “flood lights.” (see Malibu Landscape Lighting, http://www.malibulights.com/) The lights in the Ocean Avenue medians are 12 volt, 20 watt and numerous light fixtures are closer than 10 feet apart.
Lastly, the intent of open meeting laws is to “facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies.” Moreover, the City’s Code of Ethic states, as follows: “We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all.”
REFERENCES:
Carmel-by-the-Sea
Municipal Code
Chapter 10.70
REGULATION OF PUBLIC
PROPERTY USES
10.70.010 Unauthorized Regulation of Public Property Uses.
It is unlawful for any person to regulate uses of public property, including traffic and vehicular uses, by sign, object, logo, lighting, paint or other method, without prior authorization from the City Council. (Ord. 91-6 § 1, 1991).
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).
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.
Mayor McCloud opened to public comment at 4:36 p.m.
Monte Miller requested and received clarification of Consent Item “A.”
Mayor McCloud closed to public comment at 4:38 p.m.
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
Meeting Date: June 23, 2006
Prepared by: Rich Guillen
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
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL RESOLUTION NO. 2006-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE HIRING OF AURUM CONSULTING ENGINEERS MONTEREY BAY LIGHTING FOR DESIGN SERVICES FOR THE OCEAN AVENUE LANDSCAPE PROJECT IN AN AMOUNT NOT TO EXCEED $6,300.
WHEREAS, the Ocean Avenue Landscape Project will upgrade the irrigation and
electrical system as well as install new landscaping;
WHEREAS, an important element of the Project will include landscape lighting;
WHEREAS, Aurum Consulting Engineers Monterey Bay Lighting provide design services for landscape lighting;
WHEREAS, Aurum Consulting will prepare job specifications to be included as an addendum in the Ocean Avenue Landscape Project bid documents.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorizes the hiring of Aurum Consulting Engineers Monterey Bay Lighting for landscape lighting design services in an amount not to exceed $6,300.
2. Approve the payment for the above design services to be funded from deposit account no. 50-24050-0580.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 22nd day of June 2006, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________
Heidi Burch, City Clerk
Carmel-by-the-Sea
Municipal Code
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).
2 comments:
A little bit of history---Jim, our dear and greatly missed friend Jim Holliday, would be apoplectic if he was aware of how Mayor Sue secretly rammed through the lights in the medians. As a matter of fact, one of Jim’s final earthly acts for his beloved Carmel was to confront the city over not taking the holiday lights down as prescribed by Carmel’s laws. He fervently fought for all the old Carmel ideals and traditions. His passing has left a huge void in the CRA. Sadly, the present CRA membership has not stood up on many issues like Jim did during his days in Carmel. And we are all poorer for it. God Bless, Jim.
Some of you do not realize that many Carmelites like to be ruled by Mayor Sue's laws and like her dictatorial manner. Carmelites who call her incessantly and demand this and that, and instantly, their every wish is her command. Preferential treatment for obsequious Carmelites.
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