Showing posts with label Acting City Forester. Show all posts
Showing posts with label Acting City Forester. Show all posts

Wednesday, September 09, 2009

Mission Trail Nature Preserve Pedestrian Footbridge

ABSTRACT: At the January 8, 2008 City Council Meeting, the City Council accepted a $10,000 grant that was awarded by the Monterey Peninsula Regional Park District. At the same City Council meeting, the Council also approved FY 2007-08 mid-year budget adjustments which included $5,000 City matching funds for this project to cover environmental review and permit fees. The project was scheduled for the spring of 2008; it was completed Sunday, 30 August 2009. The Agenda Item Summary and Resolution are reproduced.

Mission Trail Nature Preserve Pedestrian Footbridge
Doolittle Trail (east of Rio Road Entrance)


BRIDGE CONSTRUCTION MADE POSSIBLE THROUGH A PARTNERSHIP BETWEEN THE MONTEREY PENINSULA REGIONAL PARK DISTRICT AND THE CITY OF CARMEL 2009

CITY OF CARMEL-BY-THE-SEA Seal
MONTEREY PENINSULA REGIONAL PARK DISTRICT Seal

Preserving & Protecting Parks & Open Space
(Placard on Bridge, on left bridge post in photo)

CITY COUNCIL: $10,000 Grant from the Monterey Peninsula Regional Park District

CITY COUNCIL: $10,000 Grant from the Monterey Peninsula Regional Park District

Meeting Date: 8 January, 2008
Prepared by: Mike Branson

City Council
Agenda Item Summary


Name: Consideration of a Resolution accepting a $10,000 grant from the Monterey Peninsula Regional Park District (MPRPD) for construction of a new pedestrian footbridge in Mission Trail Nature Preserve (MTNP) and authorizing a transfer from the Capital Improvement Reserve until grant funds are reimbursed.

Description: The City of Carmel-by-the-Sea applied to the MPRPD in August of this year for a grant to construct a new pedestrian bridge in MTNP. The MPRPD has awarded a grant to the City of Carmel-by-the-Sea in the amount of $10,000 for the new bridge.

Overall Cost:
City Funds: $5,000 (mid-year request for permits and foundation engineering)
Grant Funds: $10,000

Staff Recommendation: Accept the grant award of $10,000 from the MPRPD for a construction of new pedestrian footbridge in MTNP.

Important Considerations: The grant agreement between the City and the MPRPD and the grant guidelines are attached. The MPRPD grant is supported on a reimbursement level. A transfer from the Capital Improvement Reserve Account to a general fund account will allow the proper designation of project expenditures to support reimbursement requests. A map of MTNP with the proposed bridge location is also attached.

Decision Record: The MPRPD grant application was authorized by the City Council on their meeting of 7 August 2007 per Resolution 2007-51.

Reviewed by:

______________________________ _________________
Rich Guillen, City Administrator Date


CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A GRANT FROM THE MONTEREY PENINSULA REGIONAL PARK DISTRICT IN THE AMOUNT OF $10,000 FOR CONSTRUCTION OF A PEDESTRIAN BRIDGE IN MISSION TRAIL NATURE PRESERVE AND AUTHORIZING A TRANSFER FROM THE CAPITAL IMPROVEMENT RESERVE UNTIL GRANT FUNDS ARE REIMBURSED

__________________________________________________________________

WHEREAS, the Monterey Peninsula Regional Park District is awarding grants for parks, open space, and coastal preservation projects within its boundaries; and

WHEREAS, the City of Carmel-by-the-Sea applied for a grant to construct a pedestrian bridge in Mission Trail Nature Preserve; and

WHEREAS, the Monterey Peninsula Regional Park District has awarded a grant to the City of Carmel-by-the-Sea in the amount of $10,000 for construction of a pedestrian bridge in Mission Trail Nature Preserve; and

WHEREAS, the grant is paid on a reimbursement basis and a transfer of $10,000 from the Capital Improvement Reserve to a project account will allow proper designation of expenses to support reimbursement requests.

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

1. Accept the grant of $10,000 from the Monterey Peninsula Regional Park District for construction of a pedestrian bridge in Mission Trail Nature Preserve.

2. Authorize the City Administrator to enter a grant agreement between the City of
Carmel-by-the-Sea and the Monterey Peninsula Regional Park District.

3. Authorize a transfer of $10,000 from the Capital Improvement Reserve Account to general fund account 01-87601 designated for the grant project.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 8th day of January 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________________
Heidi Burch, City Clerk

ATTEST:

___________________________
Sue McCloud, Mayor

Tuesday, June 30, 2009

FOREST & BEACH COMMISSION: Agenda Item regarding 'Issues of Allowing Fires on Carmel Beach'

“MINUTES”
CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
2 July 2009
Thursday
1:30 p.m.


I. CALL TO ORDER AND ROLL CALL:
The regular meeting of the Forest and Beach Commission of the City of Carmel-by-the-Sea, California was held on the above date at the hour of 1:30 p.m. Chairperson John called the meeting to order.

PRESENT:
Joe Ford (Chairperson)
Kathleen Coss
Nancy John
Les Kadis
Vicki Lynch

ABSENT: None

STAFF PRESENT:
Mike Branson, City Forester
Margi Perotti, Administrative Coordinator

VI. ORDERS OF BUSINESS
1. Discussion of fires on Carmel Beach and provide a recommendation to the Planning commission regarding the management of beach fires.

Mike Branson City Forester presented the staff report.

Chairperson FORD opened the public hearing.

Approximately twenty-five speakers appeared before the Commission; the vast majority of public speakers spoke in favor of continuing the long established tradition of fires on Carmel Beach.

Chairperson FORD closed the public hearing.

Commissioners Nancy John, Vicki Lynch, Les Kadis, Kathleen Coss and lastly Chairperson Joe Ford concurred that the banning of fires on Carmel Beach was “not an option.” There was a consensus that the City of Carmel-by-the-Sea is not adequately maintaining Carmel Beach; public education must be a priority; and solutions to charcoal remnants and the removal of other debris can be found.

Commissioner KADIS moved to recommend to the Planning Commission that fires on Carmel Beach continue, a campaign of education and awareness about Beach Rules be instituted and the budget allocation for Carmel beach cleanup be increased to at least double the current expenditure, carried by the following roll call vote:

AYES: COSS, JOHN, KADIS, LYNCH, FORD
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE

ADDENDUM:
View Internet Petition against banning open fires on Carmel Beach; approximately 1200 People, with Name, Address, City, State and Email.

ABSTRACT: An Agenda Item on the Forest and Beach Commission’s Agenda for Thursday, 2 July 2009, is a “Discussion on the issues of allowing fires on Carmel Beach and provide a recommendation to the Planning Commission regarding the management of beach fires.” Applicable selected sections of the FOREST AND BEACH COMMISSION AGENDA and Staff Report, including a MEMORANDUM, BEACH RULES and Carmel-by-the-Sea Municipal Code, Article IV. Beach and Riparian Overlay District, 17.20.200 Regulations Incorporated from Other Titles, are reproduced. The Staff Report identifies several possible options for discussion, including 1. Status quo. Continue with the current regulations and part-time cleanup efforts; 2. Ban fires from the entire beach; 3. Allow fires only in designated fire rings; 4. Restrict the number of fires allowed through a permit process; 5. Further reduce the areas where fires are allowed; and 6. Other possibilities?


CITY OF CARMEL-BY-THE-SEA
FOREST AND BEACH COMMISSION
REGULAR MEETING AGENDA
Thursday, 2 July 2009
Tour of Inspection – 1:30 p.m.
Regular Meeting – 2:00 p.m.


City Hall, Council Chambers
East side Monte Verde St. between Ocean & 7th Avenues
Carmel, California

I. CALL TO ORDER AND ROLL CALL

COMMISSION MEMBERS:
KATHLEEN COSS
JOE FORD, CHAIRPERSON
NANCY JOHN
LESLIE KADIS
VICTORIA LYNCH

II. TOUR OF INSPECTION

Shortly after 1:30 p.m. the Commission will leave Council Chambers for an on-site Tour of Inspection of all properties listed on this agenda (including those on the Consent Calendar or Orders of Business). Prior to the beginning of the Tour of Inspection, the Forest and Beach Commission may eliminate one or more on-site visits. The public is welcome to follow the Commission on its tour of the determined sites. The Commission will return to Council Chambers as soon thereafter as possible to deliberate on the below listed items.

VI. ORDERS OF BUSINESS

1. Discussion of fires on Carmel Beach and provide a recommendation to the Planning commission regarding the management of beach fires.


MEMORANDUM

TO: Joe Ford, Chairperson
Members of the Forest and Beach Commission

FROM: Mike Branson, City Forester

DATE: 25 June 2009

SUBJECT: Discussion on the issues of allowing fires on Carmel Beach and provide a recommendation to the Planning Commission regarding the management of beach fires.


Staff has been directed to present the issues of fires on Carmel beach to the Forest and Beach Commission for discussion and for the commission to present a recommendation to the Planning Commission regarding beach fires.

Fires have always been allowed on Carmel Beach. Over the years various regulations and restrictions on the size and location of fires have been implemented by the city to minimize some of the negative effects unregulated fires have on the quality of the beach experience for all beach users. Some of the major issues raised by fires are: staining of the white sand from the charcoal, burning trash and garbage, burning wood with nails or other non-natural items, excessively large fires, late night fires, drifting smoke, burns from fires covered with sand, and injuries from remnants of trash and debris placed in fires.

The current beach fires rules and Municipal Code (attached) have evolved in an effort to minimize the detrimental effects of fires on the quality of the beach environment and a visitor’s beach experience.

Designating fires only south of Tenth Ave. was implemented to prevent discoloration of the sand slopes north of Tenth Ave. to the Del Mar area. The beach south of Tenth Ave. experiences a more regular natural sand erosion and deposition cycle which arguably “cleanses” the sand. Unfortunately this sand cycle does not impact all areas of the beach where fires are allowed every year, leaving some sections untouched for several seasons.

Recently, a few people have proposed banning fires due to discoloration of the sand not only in the permitted areas but along the entire beachfront as the charcoal is redistributed by wave and tide action. Additionally, the potential harm to sea life from charcoal being washed into the ocean has been mentioned as a reason for banning fires.

For the past years, from the first part of summer to mid-fall, the city has used temporary workers on a weekly basis along with staff to cleanup the charcoal and partially burned wood from the beach. This effort has appeared to make an improvement in the appearance of the beach sand and significantly reduced the amount of charcoal on the beach. There is still some visual evidence of the fires since the very fine material cannot be effectively separated from the beach sand. The Carmel Residents Association also sponsors a monthly beach cleanup that helps with the charcoal removal from the beach.

The city tried using fire rings in the past but not at the exclusive fire locations. These rings became loaded with large amounts of burned and partially burned trash and seemed to be perpetually smoldering. The area around the rings also becomes heavily stained from charcoal blowing out of the ring or spilling over the rim.

The appreciation for the ambiance and special nature of Carmel Beach is shared by all beach users, residents and visitors alike. However, some people think that a small open fire accentuates the beach experience while others believe fires to ultimately be a detriment to the character and charm of Carmel Beach.

Several possible options are open for discussion on this issue:

1. Status quo. Continue with the current regulations and part-time cleanup efforts.
2. Ban fires from the entire beach.
3. Allow fires only in designated fire rings.
4. Restrict the number of fires allowed through a permit process.
5. Further reduce the areas where fires are allowed.
6. Other possibilities?

Implementation of any one or combination of these strategies will require significant amount of public education and enforcement.

Carmel is not alone in dealing with the issue of beach fires. A quick internet search found the discussion of beach fire management a controversial issue in California, Florida, Washington, the Great Lakes, along the Atlantic coast, Canada, Great Britain, and Australia.

BEACH RULES

If you plan on having more than fifty people, catered food, support of any commercial enterprise, require any type of city staff support (personnel or equipment), use of a generator or request an exemption from current City Codes, rules, regulations, restrictions, and policies governing activities on City property, then you may be required to obtain a Special Event Permit, if you require a permit you will need to provide the city with a Certificate of Liability/Endorsement Page. Please call for complete insurance requirements. Please contact us well ahead of your event when requiring a permit, minimum of 90 days.

For large gatherings we recommend that you notify residents in the immediate neighborhood of an upcoming event so that they will be less alarmed about any noise or increased traffic generated.

We hope you enjoy a lovely event and thank you for your cooperation with the following regulations. It would be our wish that you take away beautiful memories and leave only your footprints.

If you have any questions or require a Special Event Permit, please contact Cindi Lopez, Community Services at (831)620-2020, PO Box CC, Carmel-by-the-Sea, CA 93921 or email at srana@ci.carmel.ca.us.

I. NOISE REGULATIONS: Live music and sound production equipment are not allowed.

II. CATERED FOOD: You may be required to obtain a Special Event Permit if you plan on having your event catered. The caterer will need to have a valid business license with the City of Carmel-by-the-Sea. The license can be purchased at City Hall in the Community Planning and Building Department.

III. FIRES: The following restrictions apply to fires on the beach:

1. All fires must be extinguished by 10:00PM.
2. Fires are permitted only south of 10th Avenue.
3. No fires larger than 3’ x 3’ x 3’.
4. All fires must be at least 25 feet from the slopes.
5. Do not burn trash or any wood containing nails or sharp objects.
6. Extinguish fires with water not sand. Leave the coals open and visible to pedestrians.

IV. TEMPORARY STRUCTURES and ENCLOSURES: Tents, canopies or similar structures and enclosures are not allowed. You must provide your own garbage cans/bags and recycle bins in order to leave the area litter-free. It is your responsibility to leave the area you use clean. NO HAY BALES!

V. ALCOHOL/SMOKING: Alcohol is allowed only on the beach. No alcohol is allowed on the roadway, the pathway, or after 10:00 p.m. NO SMOKING IS ALLOWED ON THE SCENIC PATHWAY, ACCESS TO THE BEACH OR ON CARMEL BEACH PROPER.

VI. FOOT TRAFFIC, ACCESS TO THE BEACH:

1. Only use stairways or designated points for Beach Access. No foot traffic allowed on beach bluffs.
2. Do not throw items such as firewood, chairs, barbecues, etc. down or over the beach bluffs.

VII. PARKING: Parking is allowed without charge along Scenic Road until midnight.

Carmel-by-the-Sea Municipal Code
Article IV. Beach and Riparian Overlay District
17.20.200 Regulations Incorporated from Other Titles.


The following regulations apply in the beach overlay district.
A. Riding on Beach. Equestrians are allowed on the beach without restriction.

B. Dogs on Public Beach and Park Land. It is unlawful for the owner or person having charge of any dog to permit the dog to run at large on any City-owned beach lands or on any City-owned park lands unless the owner or person having charge is also present and in control of the dog at such time as it is running loose.

C. Dogs on Scenic Road and the Beach Bluff Pathway. On Scenic Road from its eastern property edge to the base of the beach embankment between Eighth Avenue and the south City limits, all dogs and other animals shall be deemed running at large within the meaning of this chapter unless led or restrained by a chain, strap, or cord attached to their collars or harness that is actually held by a person or made fast to a stationary object.

D. Location and Time Limits on Beach Fires. No person, firm, corporation or other entity shall build, light, maintain, cause or permit to be built, lighted or maintained any open or outdoor fire on any public beach designated by the City after the hour of 10:00 p.m. No fires shall be permitted at any time on the slopes leading thereto within the City. This prohibition is applicable to all that beach and slope area lying west of Scenic Road and south of Ocean Avenue to the southern City boundary. No fires shall be permitted at any time on all that beach and slope area lying west of San Antonio from Ocean Avenue to the northern City boundary. The prohibition against all fires on all the beach that lies at or below the high tide line shall extend from 10:00 p.m. on the day it commences until 7:00 a.m. the following day.

E. Recreational Fires on Carmel Beach. All fires on Carmel Beach shall meet the following requirements:
1. Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide; provided, that all of the following conditions are met:
a. The base of the fire shall be defined as the level at which the lowest burnable material or ash is located, and it shall be on the beach sand unless the fire is in a hibachi, charcoal grill or other like receptacle, in which case the base shall be a horizontal plane touched by the lowest burning material.
b. The burnable material used in the fire shall not extend more than two feet above the base of the fire.
c. Flames from the fire shall not extend into the air more than five feet from the base of the burnable material in the fire.
d. The longest horizontal straight-line distance through the base of the fire shall not exceed four feet.
e. Flammable liquids other than charcoal starter shall not be used in any manner in connection with starting or maintaining the fire.
f. No fire shall be built, lit, or maintained on any slope or within 25 feet of any wall, vegetation or combustible material not intended to be used in the fire.
g. All flammable coals, embers or burning material shall be extinguished with sea water by the person or persons building, lighting or maintaining the fire prior to said person or persons leaving the beach.
h. The extinguished remains of all fires shall be left exposed and not covered with sand.
i. Building, lighting, maintaining or causing or permitting to build light or maintain a fire in violation of any of the above conditions shall be an infraction.
j. Penalties. Any person who shall violate any of the provisions of this chapter that necessitates the response of the Fire Department shall be guilty of an infraction punishable by a fine of not more than $50.00 per hour or portion thereof, not to exceed $500.00.

NOTES:
“The $4,000 for charcoal cleanup on Carmel Beach is in the Public Works budget and is performed by hourly laborers on a weekly basis from early summer to mid-fall. So far in FY 2008-09 (July-October) $3,780.28 has been spent to pickup 12,060 pounds of charcoal. Other beach cleanup efforts are the weekly in-house trash pickup and the monthly CRA cleanup.”
(Source: CITY OF CARMEL-BY-THE-SEA, TRIENNIAL BUDGET, FISCAL YEARS 2009/10 - 2011/12, BUDGET QUESTIONS & ANSWERS)

EXPENDITURE SUMMARY
2009/10 Budget Summary
Public Works

Salary/Benefits: $ 685,452
Materials/Services: $ 484,690
Total: $ 1,170,142
(Source: CITY OF CARMEL-BY-THE-SEA, TRIENNIAL BUDGET, FISCAL YEARS 2009/10 - 2011/12)

Thursday, March 12, 2009

City's Reforestation Program: One Tree at a Time

ABSTRACT: Photographs depicting the planting process of one of the Monterey Pine seedlings planted today by our city’s most recently hired part-time tree planter and waterer, Shandra, are shown. Steve Brooks of Friends of Carmel Forest assembles the stakes and enclosures and makes the laminated strips "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY,” while Shandra obtains the seedlings from Carmel Middle School or Rana Creek Nursery and plants and waters the seedlings in public rights-of-way locations determined by City Forester Mike Branson.

Shandra planting Monterey Pine Seedling
S/s Seventh Av. between Forest Rd. & Guadalupe St.

Planted Monterey Pine Seedling

Shandra securing Stake & Attached Enclosure

Shandra affixing laminated strip, "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY,” to Stake

View of laminated strip, "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY"

Planted Monterey Pine Seedling with Stake & Enclosure
S/s Seventh Av. between Forest Rd. & Guadalupe St.

View of City’s Non-Potable Water Truck (capacity 500 gallons)

This afternoon, Shandra, our City’s part-time tree planter and waterer planted about five trees in Carmel-by-the-Sea’s public rights-of-way. One of the Monterey Pine seedlings was planted on the south side of Seventh Avenue between Forest Road and Guadalupe Street; the planting process was photographed. Shandra was recently hired as a part-time tree waterer on or about February 2, 2009; she joins Kimberly, the other part-time tree waterer. Since that time, Shandra has planted approximately 30 trees, including Monterey Pine, Monterey Cypress and a Canary Pine in Carmel-by-the-Sea. Steve Brooks of Friends of Carmel Forest assembles the stakes and enclosures and makes the laminated strips "THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY,” while Shandra obtains the seedlings from Carmel Middle School or Rana Creek Nursery and plants and waters the seedlings in locations throughout Carmel-by-the-Sea determined by City Forester Mike Branson.

NOTE: Special thanks to Shandra for taking the time during her planting and watering schedule to provide information about our city's current tree reforestation efforts and her job as part-time tree planter and waterer.

Monday, February 23, 2009

A More Resident-Friendly Notice Needed to Encourage a Forestry Partnership Between the City and Carmel Residents

ABSTRACT: The City planted a Monterey Pine seedling near a Monterey Pine tree stump in the pubic right-of-way on the south side of Second Avenue between Lincoln St. and Dolores St. Affixed to a wooden stake is a laminated strip with the Seal of the City of Carmel-by-the-Sea and statements. A COMMENT is made regarding a successful reforestation program.

Monterey Pine Seedling
Location: S/s Second Av. between Lincoln St. & Dolores St.

Monterey Pine Seedling (right) and Monterey Pine Tree Stump (left)
Location: S/s Second Av. between Lincoln St. & Dolores St.

As depicted in the digital photos above, the City planted a Monterey Pine seedling near a Monterey Pine tree stump in the pubic right-of-way on the south side of Second Avenue between Lincoln St. and Dolores St. Affixed to a wooden stake is a laminated strip with the Seal of the City of Carmel-by-the-Sea and statements, as follows:

THIS TREE IS PUBLIC PROPERTY IN PUBLIC RIGHT OF WAY

You may be cited under Municipal Code, Chapter 12.28 if you remove, prune or damage this tree. If you question this tree’s location or health, contact the City Forester at 620-2070. DO NOT take action of your own !


COMMENT:
• Evidence around Carmel-by-the Sea that the City is planting seedlings is encouraging. However, for a tree reforestation effort to be successful, the City must be proactive and endeavor to form a partnership with Carmel residents based on education, particularly the environmental, social, economic and aesthetic benefits of Carmel-by-the-Sea’s “signature” forest. To that end, a more resident-friendly notice affixed to a wooden stake next to a planted seedling would read, as follows:

The City of Carmel-by-the-Sea is committed to preserving and enhancing our “signature” forest of Monterey Pine, Coast Live Oak and Monterey Cypress. This pitch canker resistant pine seedling is planted in the public right-of-way in your neighborhood as part of the City’s ongoing Reforestation Program. For more information on our Reforestation Program and how you can help, please contact the City Forest at 620-2070.

Moreover, wherever the City Forester approves the planting of trees in the city’s public right-of-ways, City Staff Members should contact nearby residents and explain to them the locations of newly planted trees, reasons for planting the trees and encourage them to assist the city as good stewards of our forest and trees.

ADDENDUM:
Carmel-by-the-Sea Municipal Code
Chapter 12.28
TREES AND SHRUBS*


12.28.060 Permit for Cutting Trees and Shrubs on Public Property.
A. Any person desiring to remove or prune any portion of a tree or shrub, except genista, growing in or upon any public street, way, park, or place within the City, or any person desiring to cut any wood, foliage, or roots from any tree on private property when more than one-half of the basal cross-sectional area of such tree is on City property, shall apply therefor to the Director of Forest, Parks and Beach on forms provided by her/him. There shall be a fee for this permit process as established from time to time by resolution of the City Council. If, in the opinion of the Director of Forest, Parks and Beach, the tree or trees should be removed because of disease, infestation, or clear and present danger to persons or property, she/he shall cause the tree or trees to be removed. In all other cases, the Director of Forest, Parks and Beach shall:
1. Place the application on an agenda of the Forest and Beach Commission, which shall act as provided for in Chapter 2.32 CMC; and

2. Notify the applicant of the time and date of the meeting at which the application shall be considered; and

3. Give notice of the action of the Forest and Beach Commission to the applicant.

B. Any permit granted under this chapter is nontransferable and shall expire one year from date of issuance. The Director of Forest, Parks and Beach or Forest and Beach Commission may condition a permit on replacement trees being planted at a place, of a species and of a size designated by the Director of Forest, Parks and Beach or Forest and Beach Commission. The person requesting the permit may also be required to pay the cost of obtaining and planting the replacement trees.

C. In exceptional circumstances in which it would cause substantial loss or inconvenience to delay removal until the Forest and Beach Commission’s next meeting, the Director of Forest, Parks and Beach may approve removal providing such approval unquestionably conforms to the policy and the practice of the Forest and Beach Commission. The Director of Forest, Parks and Beach will report her/his action at the next meeting of the Forest and Beach Commission. (Ord. 95-3 § 1, 1995; Ord. 81-4 § 1, 1981; Ord. 75-10 § 1, 1975; Ord. 257 C.S. § 1, 1972; Ord. 214 C.S. § 1, 1970; Code 1975 § 1231).

12.28.185 Violation – Penalty for CMC 12.28.170, 12.28.172, 12.28.180 and 12.28.210.
A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of CMC 12.28.170, 12.28.172, 12.28.180 or 12.28.210. A violation of any of the provisions or failure to comply with any of the mandatory requirements of such sections shall constitute an infraction. Any person convicted of an infraction under the provisions of such sections shall be punishable by fine only as follows: Upon a first conviction, by a fine not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.

B. Cutting, removing, or trimming of trees on public property without a permit shall be a misdemeanor.

C. In addition to the penalties provided for herein, any violation of such sections may be addressed by civil action. (Ord. 95-3 § 1, 1995; Ord. 88-13 § 4, 1988).

Monday, February 04, 2008

Mission Trail Nature Preserve: Implementation of a Proactive Tree Management Plan Required for Public Health and Safety Purposes

ABSTRACT: Due to the City's lack of maintenance of Mission Trail Nature Preserve, public health and safety hazards exist which require proactive actions to ameliorate. An example of a public health and safety hazard is presented accompanied by photographic views of the Monterey Pine tree leaning dangerously over Flanders Trail in Mission Trail Nature Preserve.

In general, the City’s lack of maintenance of Mission Trail Nature Preserve, the City’s largest park, has led not only to the lack of implementation of the City’s General Plan/Coastal Land Use Plan and Mission Trail Nature Preserve Master Plan, but to the existence of public health and safety hazards which require proactive actions to ameliorate.

Case in Point: On Flanders Trail, a significant Monterey Pine tree is angled dangerously over the Trail and leaning into two other Monterey Pine trees, as the following photos depict. This represents a potential public health and safety issue and should be addressed by the City expeditiously, as the General Plan/Coastal Land Use Plan Coastal Resource Management Element and the Municipal Code dictate, as follows:

Mission Trail Nature Preserve

P5-155 Remove dead/hazardous trees only as needed. Leave dead trunks in place when not hazardous to provide habitat for woodpeckers and other fauna. (LUP)

Moreover, for public health and safety purposes, the City’s Municipal Code requires the removal of trees.

Four Views of the Monterey Pine tree over Flanders Trail, as follows:
View of Caution Tape around trunk of Monterey Pine tree leaning over Flanders Trail with roots uprooted; Caution Tape placed there by a concerned resident.

View of Monterey Pine tree leaning into other Monterey Pine trees over Flanders Trail.

View of Monterey Pine tree lending into and against two other Monterey Pine trees over Flanders Trail.

View of Monterey Pine tree against another Monterey Pine tree over Flanders Trail.

In addition, during the last storm, a dead tree trunk fell over Serra Trail (center); notice the tree is in a grove of trees with their trunks covered with ivy, adversely impacting the health of the trees.
Ivy-Covered Tree Trunk (center) cracked during storm and fell onto Serra Trail.

Section of Fallen Tree Trunk with Embedded Acorns on Serra Trail.

Wednesday, December 19, 2007

Forest Theatre Tree Maintenance: Haphazard & Unsystematic

ABSTRACT: Over the past few weeks, individual trees have been cut down in Forest Theatre; one tree one day, another tree another day, et cetera. BEFORE photos of some trees and AFTER photos of some removed trees are shown. Since these trees were removed one day at a time and other nearby dead tree trunks and stumps were not removed, a conclusion is drawn that the City is haphazardly and unsystematically removing trees from the Forest Theatre. Comments are made and Questions are asked regarding the City’s lack of a proactive plan to meet the maintenance and upkeep requirements of the Forest Theatre grounds.

BEFORE
Monterey Pine Trunk, Dead
Representative of other Dead and Dying Trees

AFTER
Note dead trunk to right (5’ high) and dead Coast Live Oak in foreground, both remaining next to stump of cut and removed dead Monterey Pine Tree

BEFORE
Coast Live Oak in Need of Pruning

AFTER
Note dead Coast Live Oak trunk to right, remaining near stump of cut and removed dead Coast Live Oak.

View of Wet Pavement in Forest Theatre & Guadalupe St. & Puddles at Foot of Guadalupe St. @ Mt. View Av.

Puddles at Foot of Guadalupe St. @ Mt. View Av., View to the South towards 8th Av.

COMMENTS:
• Over the past few weeks, individual trees have been cut down and removed from Forest Theater property; one tree one day, another tree another day, et cetera. For example, the dead Monterey Pine trunk shown above was removed one day, later on another day the dead Coast Live Oak truck shown above was removed. Other nearby dead stumps and trees were not cut down and removed.

• One of the Responsibilities of the Director of Forest, Parks and Beach is to “cause to be removed all dead trees or shrubs from public property.”

QUESTIONS:
• Why is the City haphazardly and unsystematically removing some trees from the Forest Theatre?

• Why doesn’t the City have a proactive plan for the maintenance and upkeep of the Forest Theatre grounds?

• What are the City’s plans for correcting the standing water at the foot of Guadalupe Street at Mt. View Avenue?

REFERENCES:
Carmel-by-the-Sea
Municipal Code
Chapter 12.28
TREES AND SHRUBS*
12.28.140 Responsibilities of the Director of Forest, Parks and Beach.
The Director of Forest, Parks and Beach shall:
A. Supervise all tree-cutting or trimming for which a permit has been granted.

B. Cause to be removed all dead trees or shrubs from public property except in circumstances where all of the following conditions apply:
1. The dead tree is a Monterey cypress located on or adjacent to the beach;

2. The dead tree does not present a clear and present danger to persons or property or can be supported by reasonable means, thus mitigating its clear and present danger; and

3. The Forest and Beach Commission has determined that the dead tree is of substantial aesthetic value to warrant its preservation.

C. Cause to be removed or trimmed any trees or shrubs for which such removal or trimming is ordered by the Forest and Beach Commission or the City Council or is required in connection with any public works project ordered by the City Council. (Ord. 94-7 § 1, 1994; Ord. 214 C.S. § 1, 1970; Code 1975 § 1231.5).
(Source: http://www.codepublishing.com/CA/carmel.html)

CITY OF CARMEL-BY-THE-SEA
FOREST, PARKS AND BEACH
The Forest, Parks and Beach Department manages and maintains the City's urban forest, parks and beach in order to preserve the windbreak protection, abate soil erosion, enhance the natural beauty, and maintain the outdoor recreational facilities of the community.

Revised 07/08
Salaries / Benefits $ 274,909
Materials / Services $ 182,752
Total $ 457,661
(Source: CITY OF CARMEL-BY-THE-SEA CALIFORNIA ADOPTED BUDGET FISCAL YEARS 2007/08 THROUGH 2009/10)

Friday, November 03, 2006

The "No Tobacco" Fiasco

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
Regular Meeting
September 13, 2006


I. CALL TO ORDER AND ROLL CALL

COMMISSIONERS:
ALAN HEWER
KEN TALMAGE
ROBIN WILSON
BILL STRID, CHAIRMAN

XI. SIGNS
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

At the Planning Commission meeting, Assistant Planner Nathan Schmidt stated to Commissioners, “In order to be more consistent with the ordinance, staff recommends the signs say, ‘No Smoking.'” During their deliberations, Planner Commissioner Ken Talmage stated, “...I hope we don’t walk down the beach and have the experience totally ruined by signs everywhere.” The Commissioners voted to approve signs with “No Smoking” language.

Note: Apparently, City Forester, Parks & Beach Mike Branson had already ordered 18 “No Tobacco” signs, even though the language in the Ordinance and the Amended Ordinance passed by the City Council in November 2005 used “No Smoking.” The California Coastal Commission will ultimately have to approve the installation of the “No Smoking” signs along the Scenic Road Beach Bluff Pathway.

MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 1, 2005


IX. ORDINANCES
A. Consideration of an Ordinance Amending Title 8, Chapter 8.36.020, of the Municipal Code to prohibit smoking on Carmel Beach and the Beach Bluff Pathway. (2nd Reading)

Mike Branson, City Forester, presented the report and noted the changes made to the ordinance at the first reading.

Mayor McCloud declared the public hearing open at 5:19 pm.

Janet Meyer, Barbara Livingston and Jim Belk addressed the Council.

Mayor McCloud declared the public hearing closed at 5:27 pm.

MAYOR McCLOUD moved adoption of the Ordinance Amending Title 8, Chapter 8.36.020, Of The Municipal Code To Prohibit Smoking On Carmel Beach and the Beach Bluff Pathway, seconded by Council Member HAZDOVAC and carried by the following roll call:

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


Carmel-by-the-Sea Municipal Code
Title 8
HEALTH AND SAFETY*
Chapter 8.36
SMOKING REGULATIONS FOR PUBLIC PLACES*


8.36.010 Definitions.
The terms “smoke” or “smoking” are defined for the purposes of this chapter to include the carrying of a lighted pipe, lighted cigar or lighted cigarette of any kind, or the lighting of any pipe, cigar or cigarette. (Ord. 76-1 § 1, 1976; Code 1975 § 699.2).

8.36.020 Smoking Prohibited in Certain Public Places.

F. Smoking is prohibited and is unlawful within the boundaries of Carmel Beach, on the Beach Bluff Pathway and within any public beach access way including but not limited to stairways and walkways adjoining public beach areas. Carmel Beach is defined as public lands: west and south of private property along Carmel Way; west of private property on the west side of San Antonio Avenue between 2nd Avenue and Ocean Avenue; west of San Antonio Avenue between 4th Avenue and Ocean Avenue; north of Ocean Avenue between San Antonio Avenue and Del Mar Avenue; west of Del Mar Avenue; west of private property on the west side of Scenic Road between Ocean Avenue and 8th Avenue; and west of the Scenic Road pedestrian pathway between 8th Avenue and the City limit. (Ord. 2005-05 § 1, 2005; Ord. 76-1 § 1, 1976; Code 1975 § 699.3).

8.36.040 Violation – Penalty.
Any person who shall violate the provisions of this section shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished by a fine not to exceed $25.00 for each such violation. (Ord. 76-1 § 1, 1976; Code 1975 § 699.5).