Friday, November 27, 2015

CALIFORNIA COASTAL COMMISSION DECEMBER 2015 AGENDA ITEM: Appeal No. A-3-CML-15-0033 (Carmel Fire Management Program, Carmel) Appeal by Alexis Delehanty of City of Carmel-by-the-Sea decision granting permit with conditions to Carmel authorizing implementation of Beach Fire Management Program including installation of 26 fire rings, signage, maintenance provisions, and monitoring on Carmel Beach seaward of Scenic Road from 10th Avenue south to Martin Way, Carmel, Monterey County. (MW-SC)

ABSTRACT: On Friday, December 11, 2015, the California Coastal Commission is scheduled to consider Appeal No. A-3-CML-15-0033 (Carmel Fire Management Program, Carmel) Appeal by Alexis Delehanty of City of Carmel-by-the-Sea decision granting permit with conditions to Carmel authorizing implementation of Beach Fire Management Program including installation of 26 fire rings, signage, maintenance provisions, and monitoring on Carmel Beach seaward of Scenic Road from 10th Avenue south to Martin Way, Carmel, Monterey County. (MW-SC) at Portola Plaza Hotel, 2 Portola Plaza, Monterey, CA 93940. The APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION & DE NOVO HEARING   document copy is embedded; the SUMMARY OF STAFF RECOMMENDATION section is reproduced. Importantly, Staff recommends that the Commission find that the appeal raises a substantial issue and that the Commission take jurisdiction over the CDP application. Staff further recommends that the Commission approve a CDP for a modified pilot program at Carmel Beach.
I. MOTIONS AND RESOLUTIONS
A. Substantial Issue Determination
Staff recommends that the Commission determine that a substantial issue exists with respect to the grounds on which the appeal was filed. A finding of substantial issue would bring the CDP application for the proposed project under the jurisdiction of the Commission for de novo hearing and action. To implement this recommendation, staff recommends a NO vote on the following motion. Failure of this motion will result in a de novo hearing on the CDP application,
and adoption of the following resolution and findings. Passage of this motion will result in a finding of No Substantial Issue and the local action will become final and effective. The motion passes only by affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission determine that Appeal Number A-3-CML-15-0033 raises no substantial issue with respect to the grounds on which the appeal has been filed under Section 30603 of the Coastal Act, and I recommend a no vote.
Resolution to Find Substantial Issue: The Commission hereby finds that Appeal Number A-3-CML-15-0033 presents a substantial issue with respect to the grounds on which the appeal has been filed under Section 30603 of the Coastal Act regarding consistency with the certified Local Coastal Program and/or the public access and recreation policies of the Coastal Act.
B. CDP Determination
Staff recommends that the Commission, after public hearing, approve a coastal development permit for the proposed development. To implement this recommendation, staff recommends a YES vote on the following motion. Passage of this motion will result in approval of the CDP as conditioned and adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of the Commissioners present.
Motion: I move that the Commission approve Coastal Development Permit Number A-3-CML-15-0033 pursuant to the staff recommendation, and I recommend a yes vote.
Resolution to Approve CDP: The Commission hereby approves Coastal Development Permit Number A-3-CML-15-0033 and adopts the findings set forth below on grounds that the development as conditioned will be in conformity with the City of Carmel-by-the-Sea Local Coastal Program policies and Coastal Act access and recreation policies. Approval of the permit complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment, or 2) there are no further feasible mitigation measures or alternatives that would substantially lessen any significant adverse impacts of the development on the environment.

REFERENCE:
CALIFORNIA COASTAL COMMISSION
Portola Plaza Hotel
2 Portola Plaza
Monterey, CA 93940

SUMMARY OF STAFF RECOMMENDATION
The City of Carmel-by-the-Sea approved a coastal development permit (CDP) to allow the City to install 26 fire rings on Carmel Beach and to implement a new Beach Fire Management Pilot Program (Program) along the south end of Carmel Beach, seaward of Scenic Road between Tenth Avenue and Martin Way. The City’s CDP decision was appealed to the Commission, with the Appellant alleging Local Coastal Program (LCP) conformance issues with respect to hazards, public safety, public access and recreation, air and water quality, public views, and community character. After reviewing the local record, Commission staff believes that the approved project raises a substantial issue with respect to the project’s conformance with the City’s certified LCP and the public access and recreation policies of the Coastal Act.

Carmel Beach is a significant local and regional beach access destination. Its wide expanse of white sand extends along a mile of the City’s shoreline, and attracts beach visitors from far and wide who come to walk, sit, and play on the beach and in the ocean waves offshore. Many beachgoers also come to sit around a beach fire in the early afternoon and evening. These beach fires have long been a part of both the cultural fabric and recreational utility associated with Carmel Beach, and are called out as an important part of the beach recreational experience here in the City’s LCP. Per the LCP, beach fires are only allowed on the beach south of Tenth Avenue.1

The City’s Program is in response to concerns raised by the City and its residents that these beach fires are leading to both health issues and beach degradation. The former is associated with the smoke from beach fires, and the latter associated with the debris left on the beach, including because the beach currently does not have any fire rings and fires are made directly on the sand. The Monterey Bay Unified Air Pollution Control District (MBUAPCD), in concert with the City, has been monitoring smoke levels (actually PM2.5 levels)2 inland of the beach since late May of this year, for a total of 140 days monitored.3 Data from the smoke monitor shows that there was one exceedance of the federal Environmental Protection Agency (EPA) 24-hour PM2.5 standard during this time, which occurred on a day when wood beach fires were not allowed. Otherwise, the data shows PM2.5 levels to be fairly constant during the week, and generally increase on weekends, with ‘spikes’ in smoke levels roughly corresponding to spikes in the numbers of beach fires.4 Based on EPA guidelines for the 1-hour PM2.5 concentrations,5 the monitored smoke levels have predominantly fallen into the “good” air quality category 98% of the total number of hours in the monitoring timeframe, but there are instances when the ‘spikes’ have fallen into the “moderate” air quality category (1.3%), and even times where the data indicates “unhealthy”6 air (0.7%) (see Exhibit 7).7 Thus, and although there is a need for more robust data collection and development,8 it is clear that the monitor has identified some PM2.5 levels that extend into unhealthy ranges, and it is clear that there is an air quality problem in the surrounding Carmel Beach area to which beach fires appear to contribute that needs to be understood and addressed.

Originally, the City’s approved Program was based on limiting and managing beach fires to address these concerns, including no longer allowing unlimited fires directly on the sand, and instead limiting such fires to 26 fire rings. However, in the time since the City’s approval (and subsequent appeal of that approval to the Commission), the City instituted an “emergency” prohibition on beach fires on weekends and holidays, issuing an emergency CDP (that has since expired) and an urgency ordinance (which cannot authorize development under the Coastal Act and the LCP).9 In addition, the City has taken steps towards declaring a public nuisance and banning beach fires altogether.10 Instead of managing beach fires as the City originally proposed, the City’s modified approach would be to prohibit wood beach fires, but to allow propane fires on Carmel Beach. The City’s new proposal would provide for six City-provided propane-fueled fire rings in the area between Tenth Avenue and Martin Way along the beach,11 and unlimited propane fires south of Tenth Avenue on the beach if provided privately by the user. Fires would only be allowed in the City-provided fire rings from one hour before sunset to 10 p.m., and the user provided fires from 7 a.m. to 10 p.m. Staff does not support the City’s proposal.

Staff concurs with the City that there are numerous problems associated with the current beach fire situation at Carmel Beach, including on air quality, water quality, and scenic resources, and that management measures are necessary to address and abate those problems. However, staff does not believe that the City’s proposed course of action to abate those problems is LCP and Coastal Act compliant, and therefore raises a series of coastal resource protection issues. In other words, there appear to be many ways to address the identified problem, but to institute a complete ban on wood beach fires at this time is not an appropriate solution, particularly considering the fact that a complete ban is inconsistent with the City’s own LCP, which expressly allows for and encourages beach fires. Furthermore, the City’s proposed propane-only program cannot be approved because the LCP explicitly prohibits flammable liquids (like propane) on the beach. In addition, the City’s post-prohibition monitoring data does not even show that such a proposal would make a significant difference in PM2.5 levels and spikes, thus undermining the justification for imposing a complete ban.12 To staff, a more appropriate response at the current juncture would be something more in line with the fire management Program previously approved by the City (i.e., the approval that is the subject of this appeal). Although this Program as approved by the City lacks needed detail (including in terms of the type, size, and design of the fire rings; the timing on seasonal removal/restoration of the rings; maintenance provisions; public education; and monitoring requirements), it can form the basis for an approved program that can be used to address the identified problems while continuing to provide for the rich experience and recreational utility associated with fires as has historically been the case at Carmel Beach.

Thus, staff recommends approval of a CDP that provides for the 26 fire rings originally approved by the City, and that provides associated parameters for the placement, signage, use, monitoring, and maintenance associated with those rings, including in terms of monitoring air quality. Staff believes this to be an appropriately measured response, and one that can allow for monitoring and adaptation over time to adjust Program parameters as warranted.13 Such a Program would appropriately limit beach fires (i.e., 26 allowed as opposed to the unlimited number of fires that are currently allowed), and can strike an appropriate balance to the issues presented. It will also address all of the other issues associated with unlimited fires built directly on the beach sand by confining them to 26 fire rings that can be appropriately maintained to avoid beach degradation.

Staff recommends that the Commission find that the appeal raises a substantial issue and that the Commission take jurisdiction over the CDP application. Staff further recommends that the Commission approve a CDP for a modified pilot program at Carmel Beach. The motion is found on page 6 below.

1 Fires are not allowed on the rest of the beach, meaning beach fires are already currently limited under the LCP to roughly 35% of the beach frontage.
2 The City and MBUAPCD are monitoring PM2.5, which is a type of particulate matter. Particulate matter is a generic term for particles suspended in the air, typically as a mixture of both solid particles and liquid droplets. PM2.5 is particulate matter with a diameter that is 2.5 micrometers and smaller. For purposes of comparison, a human hair is about 60 micrometers in diameter.
3 The monitor is located in the backyard of the house located at the corner of Scenic Drive and 13th Avenue, inland of the beach area where beach fires are allowed.
4 The City documented the number of beach fires occurring on weekends over a roughly 5-week period in late June 2015 through July 2015.
5 Based on the Revised Air Quality Standards for Particle Pollution and Updates to the Air Quality Index (US EPA December 14, 2012). There are no State or Federal standards for 1-hour PM2.5 concentrations, only these guidelines.
6 In terms of the 1-hour average, the monitor found PM2.5 concentrations to be at 153 one time, and thus in the EPA’s “Unhealthy” category, and the monitor also found 5 instances where the PM2.5 concentrations fell into the “Unhealthy for Sensitive Groups” category.
7 Standards for 24-hour PM 2.5 are not explicitly set by the California Air Resources Board. Instead, the California Air Resources Board references the National Air Quality Standards.
8 As indicated above, the single monitor is located in a residential backyard inland of Scenic Drive, and it does not collect the type of meteorological data to be able to conclusively demonstrate where the smoke is coming from (e.g., in relation to wind etc.). In addition, the City lacks baseline data against which to compare the current data.
9 The City’s action is being tracked by the Commission as a violation inasmuch as it is not authorized by a CDP.
10 The City Council adopted a first reading of a public nuisance declaration on November 3, 2015, but has not yet scheduled a time to finalize their public nuisance declaration.
11 Although the City’s new program is not completely fleshed out, as staff understands it currently, the City proposes to install six propane fire rings, as well as propane lines and propane tanks in or under the sand. It is not clear whether the City would provide propane for which users would pay a fee, or would provide propane for free, or some other mechanism.
12 Importantly, the monitoring data does not show much of a difference for the time period from before the City started prohibiting beach fires to after. Indeed, there continue to be roughly the same background values and the same types of ‘spikes’ even after beach fires were prohibited. And the one time that federal Clean Air Act standards were exceeded occurred on a Sunday after the prohibition was put in effect. This exceedance may instead be correlated with the Tassajara Wildfire in Carmel Valley that occurred around that time. See Exhibit 7.
13 Including allowing for propane options to be considered should the LCP be modified to allow for same.
CALIFORNIA COASTAL COMMISSION
Appeal Filed: 5/27/2015
49th Day: Waived
Staff: Mike Watson - SC
Staff Report: 11/25/2015
Hearing Date: 12/11/2015
APPEAL STAFF REPORT: SUBSTANTIAL ISSUE
DETERMINATION & DE NOVO HEARING
Appeal Number: A-3-CML-15-0033
Applicant: City of Carmel-by-the-Sea
Appellant: Alexis Delehanty
Local Decision: Approved by the Carmel-by-the-Sea City Council on May 5, 2015
(City CDP application number MP 15-100).
Project Location: The portion of Carmel Beach between Tenth Avenue and Martin Way in the City of Carmel-by-the-Sea, Monterey County.
Project Description: Implement the City’s Beach Fire Management Pilot Program, including installing 26 fire rings and Program signage, implementing new fire management and beach maintenance
provisions, and monitoring Program effectiveness.
Staff Recommendation: Substantial Issue Exists; Approval with Conditions

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT, REGULAR MEETING, AGENDA & MINUTES, December 1, 2015

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
SPECIAL MEETING AGENDA PACKET
December 1, 2015

Eleven Noteworthy 30 November 2015 City Council Special Meeting Agenda Items

ABSTRACT: Eleven Noteworthy 30 November 2015 City Council Special Meeting Agenda Items, namely CLOSED SESSION, ANNOUNCEMENTS, PUBLIC APPEARANCES, CONSENT CALENDAR including Monthly Reports for the Month of October, including a. Contracts executed within the City Administrator’s Signing Authority, b. Community Planning and Building Department Reports, c. Police, Fire, Ambulance and Beach Reports, ,d. Public Records Act Request Logs – City Clerk and Police, e. Forester’s Report and f. City Treasurer’s Report, Consideration of a Resolution approving a MOU for the LIUNA General Employees Union and Management Employees Union, LIUNA/UPEX, Local 792, AFL-CIO for 2014 to 2016, Authorization of Amendments to Professional Services Agreements for Planning Services for Rio Park and the Housing Element, Janitorial Services and IT Support for an Amount Not to Exceed $79,904 for All Amendments, Consideration of a Resolution Authorizing the Mayor to Execute an Employment Agreement between the City of Carmel-by-the-Sea and Mike Calhoun, Public Safety Director, Chief of Police, and Interim City Administrator, Consideration of: 1. A Resolution of the City Council of the City of Carmel-by-the-Sea adopting regulations from candidate statements submitted to the voters at an election to be held Tuesday, April 12, 2016 in accordance with Government Code Section 13307 and 2. A Resolution of the City Council of the City of Carmel-by-the-Sea providing for a procedure for determining by lot a tie among candidates at the April 12, 2016 General Municipal Election in accordance with Government Code Section 15651, Consideration of a Resolution authorizing the City to join the California Coastal Trail Association and identify a Council member to be listed as the City's Primary representative of the membership form, Receive an update on the transition of solid waste and recycling services and on the development of a model solid waste ordinance and provide preliminary direction and Receive an update on the status of on 2015 Council Goals, are presented. Agenda Bills and supporting materials are embedded as document copies.

CITY OF CARMEL-BY-THE-SEA
SPECIAL MEETING
Monday, November 30, 2015
CLOSED SESSION 4:30 P.M.
OPEN SESSION 5:30 P.M.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Monday, November 30, 2015


CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 3 cases

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton, Plaintiff v. City of Carmel-by-the-Sea, Equal Employment Opportunity Commission Charge No. 485-2014-00453

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, Plaintiff v.Pacific Harvest Seafoods, Inc. - Monterey County Superior Court Case No. 15CV000014

5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Simonelli v. City of Carmel-by-the-Sea, United States District Court Case No. C 13-1250 LB

6. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Administrator.

7. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance

ANNOUNCEMENTS
Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney.

PUBLIC APPEARANCES
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded..

CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

10. Monthly Reports for the Month of October (p. 34)
a. Contracts executed within the City Administrator’s Signing Authority
b. Community Planning and Building Department Reports
c. Police, Fire, Ambulance and Beach Reports
d. Public Records Act Request Logs – City Clerk and Police
e. Forester’s Report
f. City Treasurer’s Report
Monthly Reports 11-30-15


13. AB 1058 Consideration of a Resolution approving a MOU for the LIUNA General Employees Union and Management Employees Union, LIUNA/UPEX, Local 792, AFL-CIO for 2014 to 2016.
Resolution Approving a MOU 11-30-15


14. AB 1059 Authorization of Amendments to Professional Services Agreements for Planning Services for Rio Park and the Housing Element, Janitorial Services and IT Support for an Amount Not to Exceed $79,904 for All Amendments.
Amendments to Professional Services Agreements 11-30-15


16. AB 1061 Consideration of a Resolution Authorizing the Mayor to Execute an Employment Agreement between the City of Carmel-by-the-Sea and Mike Calhoun, Public Safety Director, Chief of Police, and Interim City Administrator.
Employment Agreement Interim City Administrator Calhoun11!30!15


19. AB 1064 Consideration of: 1. A Resolution of the City Council of the City of Carmel-by-the-Sea adopting regulations from candidate statements submitted to the voters at an election to be held Tuesday, April 12, 2016 in accordance with Government Code Section 13307 and 2. A Resolution of the City Council of the City of Carmel-by-the-Sea providing for a procedure for determining by lot a tie among candidates at the April 12, 2016 General Municipal Election in accordance with Government Code Section 15651.
Election April 12, 2016 11-30-15


20. AB 1065 Consideration of a Resolution authorizing the City to join the California Coastal Trail Association and identify a Council member to be listed as the City's Primary representative of the membership form.
California Coastal Trail Association 11-30-15

ORDERS
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

21. AB 1066 Receive an update on the transition of solid waste and recycling services and on the development of a model solid waste ordinance and provide preliminary direction.
Transition of Solid Waste and Recycling Services 11-30-15


22. AB 1067 Receive an update on the status of on 2015 Council Goals.
2015 Council Goals 11-30-15

Receive an update on the status of on 2015 Council Goals.

Seven Noteworthy 1 December 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Seven Noteworthy 1 December 2015 City Council Regular Meeting Agenda Items are featured, namely ANNOUNCEMENTS, PUBLIC APPEARANCES, Consideration of 1.) Project design options and 2.) A Resolution of the City Council of the City of Carmel-by-the-Sea adopting a Mitigated Negative Declaration for the Rio Park/Larson Field Shared Use Trail project, adopting findings and approving the project with mitigations and selected design options, Consideration of the adoption of the 2015-2023 Housing Element and an Ordinance amending chapters 17.64.190, 17.64.220 and 17.68.040 of the Carmel-by-the-Sea Municipal Code in accordance with state housing law, Public Meeting on Establishing the Carmel Hospitality Improvement District; Adoption of Resolution Declaring City Intention to Disestablish the Carmel Hospitality Improvement District and First Reading of an Ordinance Disestablishing the Carmel Hospitality Improvement District, First reading of an Ordinance of the City Council of Carmel-by-the-Sea declaring beach fires a public nuisance and Consideration of an appeal of the Planning Commission's decision to approve Design Study (DS 15-105) and the associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1), Park Overlay (P), and Beach and Riparian Overlay (BR) Zoning Districts. The application is being appealed by neighboring property owner: Tim Allen. Agenda Bills and supporting materials are embedded as document copies.

CITY OF CARMEL-BY-THE-SEA
REGULAR MEETING
Tuesday, December 1, 2015
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, December 1, 2015


CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS
Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney.

PUBLIC APPEARANCES
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded.

ORDERS
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

3. AB 1068 Consideration of 1.) Project design options and 2.) A Resolution of the City Council of the City of Carmel-by-the-Sea adopting a Mitigated Negative Declaration for the Rio Park/Larson Field Shared Use Trail project, adopting findings and approving the project with mitigations and selected design options.
Rio Park-Larson Field Shared Use Trail Project12!01!2015

PUBLIC HEARINGS
Public Hearings consist of Zoning amendments, General Plan amendments, appeals of Commission decisions and other State-mandated items. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have an opportunity to rebut public comments. Other speakers will be allowed three minutes.

4. AB 1069 Consideration of the adoption of the 2015-2023 Housing Element and an Ordinance amending chapters 17.64.190, 17.64.220 and 17.68.040 of the Carmel-by-the-Sea Municipal Code in accordance with state housing law.
2015-2023 Housing Element 12-01-2015


5. AB 1070 Public Meeting on Establishing the Carmel Hospitality Improvement District; Adoption of Resolution Declaring City Intention to Disestablish the Carmel Hospitality Improvement District and First Reading of an Ordinance Disestablishing the Carmel Hospitality Improvement District.
Carmel Hospitality Improvement District 12-01-2015


7. AB 1072 First reading of an Ordinance of the City Council of Carmel-by-the-Sea declaring beach fires a public nuisance.
Beach Fires a Public Nuisance 12-01-2015


9. AB 1074 Consideration of an appeal of the Planning Commission's decision to approve Design Study (DS 15-105) and the associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1), Park Overlay (P), and Beach and Riparian Overlay (BR) Zoning Districts. The application is being appealed by neighboring property owner: Tim Allen.
Appeal of the Planning Commission's Decision Allen 12-01-2015

Consideration of an appeal of the Planning Commission's decision to approve Design Study (DS 15-105) and the associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1), Park Overlay (P), and Beach and Riparian Overlay (BR) Zoning Districts. The application is being appealed by neighboring property owner: Tim Allen.

CITY COUNCIL: Draft Minutes of the Special Meeting of November 2, 2015- City Administrator resignation, Draft Minutes of the Special Meeting of November 2, 2015 & Draft Minutes of the Regular Meeting of November 3, 2015

CITY COUNCIL
Draft Minutes of the Special Meeting of November 2, 2015- City Administrator resignation
Draft Minutes of the Special Meeting of November 2, 2015
Draft Minutes of the Regular Meeting of November 3, 2015

Tuesday, November 17, 2015

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING SETTING EVIDENTIARY ISSUES AND SCHEDULE TO COMPLETE THE RECORD FOR PHASES 1 AND 2

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ADMINISTRATIVE LAW JUDGE’S RULING SETTING EVIDENTIARY ISSUES AND SCHEDULE TO COMPLETE THE RECORD FOR PHASES 1 AND 2 document copy is embedded.
ADOPTED SCHEDULE FOR A.12-04-019
DATE
PHASE 1
PHASE 2
December 15, 2015
Supplemental testimony with updated MPWSP costs

January 22, 2016
Supplemental testimony on demand and supply, brine discharge, and return water
Testimony, including the WPA and applicant’s showing on the WPA
January to May 2016 [a]
Phase 1 settlement discussions
Phase 2 settlement discussions
March 22, 2016
Concurrent rebuttal testimony
Concurrent rebuttal testimony
April 14-15, 2016
Evidentiary hearings on
Phase 1 updates
Evidentiary hearings for Phase 2
May 2016

Opening Brief on Phase 2
May 2016 (2 weeks following opening brief)

Reply Brief on Phase 2
Same date as Reply Brief

Motion for separate Phase 2 decision
July 2016

If two decisions: Target for Phase 2 Proposed Decision
August 2016

If two decisions: Target for Commission action on Phase 2 decision
TBD
CPUC’s issuance of combined Draft EIR/EIS

45 days after issuance
of DEIR/DEIS
Close of comment period on DEIR/DEIS

15 days after close of DEIR/DEIS comment period
Opening Legal and Policy Briefs

30 days after close of DEIR/DEIS comment period
Reply Legal and Policy Brief

TBD
If two decisions: Phase 1 PD

TBD
If two decisions: Commission action on Phase 1 PD

[a] Parties may engage in settlement discussions throughout the proceeding and may file a motion for Commission adoption of a settlement up to 30 days after the last day of hearing. (Rule 12.1.)
“TBD” is “to be determined.”
Monterey Peninsula Water Supply Project (MPWSP)
Water Purchase Agreement (WPA)
Proposed Decision (PD)

IT IS RULED that:
1. Parties shall serve updated evidence in four areas: (a) cost estimates, (b) demand and supply, (c) brine discharge, and (d) return water. The updated evidence shall be in compliance, and consistent, with the descriptions in the body of this Ruling. Return water evidence must be new, and satisfy the other standards stated in the body of this Ruling.
2. Applicant shall provide updated demand and supply information that is delineated by no less a period than by month, the data will be updated monthly, and the updated data shall be served each month on the service list.
3. The schedule stated in the body of this Ruling is adopted.
Filing Date 11-17-15
ADMINISTRATIVE LAW JUDGE’S RULING SETTING EVIDENTIARY ISSUES AND SCHEDULE TO COMPLETE THE RECORD FOR PHASES 1 AND 2

Sunday, November 15, 2015

COMMENTARY City of Carmel-by-the-Sea on Police Department Facility/Public Services Building & Corp Yard Facility: ‘Future impact would be extensive should the structure fail’

On September 25, 2015, a Carmel resident made a complaint to the Division of Occupational Safety and Health (Cal-OSHA) of the following hazardous conditions at the City of Carmel-by-the-Sea Police Department Facility/Public Services Building & Corp Yard Facility:
1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362
2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the electrical equipment is located. See T8CCR Section 2510.5

In response to the complaint, Andy Vanderford, Project Manager, Public Works Department, City of Carmel-by-the-Sea, submitted, in part, Exhibit A of work completed and a Value-Engineered scope of work of completed work and yet to be completed work addressing leaks, as follows:

Exhibit A
Scope of Work for Roof Leak Repairs at the Public Works/Police Headquarters Facility:

1. Excavate within the landscape planter exposing the waterproof membrane for inspection to determine its condition and develop a repair plan.
2. Extend the temporary rain tarp over the entire landscape planter.
3. Caulking of joints in the crawl space under the landscape planter abutting the Police building.
4. Re-caulking of joints located outside the police building front door, the exterior landing and steps. Caulking of joints in the crawl space under the landscape planter.
5. Water test deck drain piping system & associated repairs
6. Water test deck drain housings & associated repairs
7. Removal of decomposing wood form work within crawl space (potential source of mold, and potential health hazard)
8. New water-tight crawl space hatch cover
9. Systematic and repetitive water testing deck areas to troubleshoot leaks
10. Removal of an old retro-fitted exhaust fan and ducting (found to be a major source of leaks). Cover duct work opening top-side with plate aluminum, and caulk sealing. Cover opening bottom-side with sheet metal "leader-head" with drain pipe tie-in to the existing building plumbing.
11. Re-caulking of entire perimeter of parapet wall-to-deck intersecting joint.
12. Re-caulking of joints located outside the police building front door, the exterior landing and steps.

This work fixed a significant number leaks (all but two) entering into the public works and police department buildings.

Value-Engineered Scope of Work

The following is the Value-Engineered scope of work to resolve the leaks at the two planters, for which work started approximately one month ago, with an anticipated completion of November or December 2015, after which we anticipate that the roof will then be watertight with all leak sources repaired:
1. Staff relocation of the City's nursery out of the eastern planter. Work completed.
2. Installation of temporary ventilation air intake ducting away from work area to avoid smells and dust from entering the Police Station. Work completed. Exhibit "J".
3. Removal of all vegetation and organic material within the planters. Removal of drip irrigation. Work completed. Contractor's invoice pending.
4. Removal and abandonment of the low voltage landscape lighting. Work in progress.
5. Re-grading of planter subgrade soil for future relocated planter drains. Work to follow Item 4 above.
6. Raising of the planter drains approximately 18 inches to become surface drains. Work to follow Item 5 above.
7. Pouring of a concrete cap over top of the planters. Sloping of concrete to surface drains. Work to follow Item 6 above.
8. Installation of two scuppers per each planter. Work to follow Item 7 above.
9. Application of elastomeric coating on top of concrete cap. Work to follow Item 8 above.

Unfortunately, however, the work completed and yet to be completed described in Exhibit A and the Value-Engineered Scope of Work do not address the crux of the workplace health and safety issue, namely the preexisting and existing structural damage to the a Police Department Facility/Public Services Building & Corp Yard Facility caused by water intrusion over decades. As a previous city administration stated: “The existing structure is riddled with leaks that have rusted and deteriorated the reinforcing steel within the slab/roof…Currently City staff conduct patch type repairs in an effort to stop some of the leaks. However, the leaking persists. Future impact would be extensive should the structure fail.” (Source: City of Carmel-by-the-Sea, California Fiscal Year 2013-2014 Adopted Operating Plan & Budget, June 11, 2013). And as consultant Harris & Associates stated:”Roof leaks have occurred in the Public Services Garage since 1967. Structural concrete substrate under Plaza is failing due to on-going roof leaks/water intrusion. The facility does not conform to ADA compliance regulations throughout. Electrical, plumbing, and mechanical systems outdated."  Most importantly, Harris & Associates Observations and Recommendations state, in part: “The building has served its purpose for over fifty years, but it has not aged well. It has little to no historic importance, shows signs of structural decline, has significant water infiltration problems, is reliant on increasing outdated mechanical, electrical and plumbing systems, and it does not meet basic applicable codes.”
“Near-term fixes for the water problems may be possible, but they will not address other deficiencies: a more comprehensive approach is warranted and recommended. Given the time that it will take to plan and execute any meaningful solution, studying the options-the most likely being either extensive renovation, building replacement or department relocation-and selecting an approach should be a City priority
.” (Source: Harris & Associates, City of Carmel-by-the-Sea: Police Department Facility Assessment, 2014).

Finally, according to the City’s latest Annual Financial Report, namely Finally, according to the City’s latest Annual Financial Report, namely CITY OF CARMEL-BY-THE-SEA, CALIFORNIA ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2014, “the City’s governmental funds reported combined ending fund balances of $10,722,340. Approximately 1.2% of this total amount ($119,785) is non-spendable to indicate that it is not available because it represents amounts that are more long-term in nature or will never be converted to cash. Of the remaining balance, $2,616,731 is restricted because it represents resources that are required to be spent for specific purposes as provided by an external source. The committed balance of $2,888,306 represents a Council commitment for economic uncertainties and anticipated future short-term structural deficits. The assigned fund balances in Special Revenue Funds amounted to $1,477,680 and represented Library, Parking and Ambulance Fund items. The remaining fund balance is unassigned.”  Ergo, $3,619,838 is unassigned.  Given the City’s assessment of the Police Department Facility/Public Services Building & Corp Yard Facility and consultant Harris & Associates’ Observations and Recommendations, the City has an obligation and duty to the citizens of the City of Carmel-by-the-Sea to place on a public hearing agenda the Consideration of Options for the City of Carmel-by-the-Sea Police Department Facility/Public Services Building & Corp Yard Facility, including either extensive renovation, building replacement or department relocation (per Harris & Associates recommendation), selecting an option and budgeting for the planning/design and construction of the selected option with general funds and “unassigned” reserve funds with the goal of realizing a Police Department Facility/Public Services Building & Corp Yard Facility that does not represent a workplace health and safety hazard.

REFERENCES:
Harris Associates - PD Facility Assessment
HARRIS & ASSOCIATES
Police Department Assessment (2014)
HARRIS & ASSOCIATES
Public Services Building & Corp Yard Assessment (2014)

Written & Published by L. A. Paterson (2015)