One Noteworthy 15 March 2016 City Council Special Meeting Agenda Item

ABSTRACT: One Noteworthy 15 March 2016 City Council Special Meeting Agenda Item, namely, Annual presentation of the City of Carmel-by-the-Sea’s Fiscal Year 2016/17 draft Capital Improvement Plan, is presented. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA packet document copy is embedded.

Agenda Packet 03-15-16

CITY OF CARMEL-BY-THE-SEA 

CITY COUNCIL AGENDA PACKET
SPECIAL MEETING
TUESDAY, MARCH 15, 2016

Three Noteworthy 1 February 2016 City Council Special Meeting Agenda Items

ABSTRACT: Three Noteworthy 1 February 2016 City Council Special Meeting Agenda Items, namely TOUR OF INSPECTION (Beginning at 3:30 P.M.), PUBLIC APPEARANCES and CLOSED SESSION (Beginning at 4:30 P.M.) 1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 1 cases 2. 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 and 3. 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, are presented. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL SPECIAL MEETING AGENDA document copy is embedded.

Special Meeting Agenda 02-01-16

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

SPECIAL MEETING

MONDAY, February 1, 2016

TOUR OF INSPECTION – 3:30 P.M.

CLOSED SESSION – 4:30 P.M.

Three Noteworthy 4 January 2015 City Council Special Meeting Agenda Items

ABSTRACT: Three Noteworthy 4 January 2015 City Council Special Meeting Agenda Items are presented including PUBLIC APPEARANCES, 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. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: City Administrator.; 3. LABOR NEGOTIATIONS Pursuant to Government Code Section 54957.6(a) Agency Designated Representatives: Zutler Employee Organization: Ambulance and ANNOUNCEMENTS.

Agenda January 4, 2016 Special Meeting

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Monday, January 4, 2016
CLOSED SESSION 4:30 P.M.

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

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.

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

3. 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.

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 & Draft Minutes of the Special Meeting of November 30, 2015

Minutes Draft 01-05-16

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

Draft Minutes of the Special Meeting of November 30, 2015

Charles Lester, Executive Director, California Coastal Commission: ‘If you have a real, legitimate threat and you need to take emergency action to safeguard the public, you can take steps to do that,’ ‘But you can’t pretend there’s a nuisance just to avoid your Coastal Act obligations.’

ABSTRACT: RE: California Coastal Commission and “public nuisance”
In September 2015, San Diego Superior Court Judge Randa Trapp ruled in favor of the California Coastal Commission stating that “the court found that the city’s emergency ordinance was based on “nothing more than speculation, conjecture and fear mongering.”" “The decision is a significant victory for public access and clarifies that municipalities can’t circumvent the Coastal Act under the guise of protecting the public.” Moreover, Charles Lester, Executive Director, California Coastal Commission stated “If you have a real, legitimate threat and you need to take emergency action to safeguard the public, you can take steps to do that,” “But you can’t pretend there’s a nuisance just to avoid your Coastal Act obligations.” The STATEMENT OF DECISION and CALIFORNIA COASTAL COMMISSION Press Release document copies are embedded.

Statement of Decision - Dana Pt v California Coastal Commission 09-17-15

STATEMENT OF DECISION [CCP §632, Cal. Rules of Court, Rule 3.1590]

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DANA POINT, a California Municipal Corporation Petitioner and Plaintiffs, vs. CALIFORNIA COASTAL COMMISSION, a California public agency, and DOES 1 through 5, inclusive.
CASENO: 37-2010-00099827-CU-WM-CIL

Coastal Commission Dana Point Press Release 2015

STATE OF CALIFORNIA—THE RESOURCES AGENCY
EDMUND G BROWN, GOVERNOR
CALIFORNIA COASTAL COMMISSION
Coastal Commission Prevails in Dana Point Beach Access Case
Date: Sept. 18, 2015

‘Incompatible Public Offices:’ Police Chief & City Administrator

ABSTRACT: Yesterday, the City Council voted unanimously to adopt 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, as part of the Consent Calendar.   However, according to Attorney General Opinion Office of the Attorney General, State of California, Opinion No. 98-707 (September 30, 1998), the positions of police chief and city manager/city administrator are incompatible. To wit, “the city manager, if allowed to serve simultaneously as chief of police, would be authorized to control, order and give directions to himself, appoint and remove himself, prepare and submit his own budget to the city council, conduct investigations into the affairs of his own office, and investigate complaints in relation to matters concerning the administration of his own department. As noted at the outset, offices are incompatible "where one is subordinate to the other and subject in some degree to the supervisory power of its incumbent." (People ex rel. Deputy Sheriffs' Assn. v. County of Santa Clara (1996) 49 Cal.App.4th 1471, 1481; 80 Ops.Cal.Atty.Gen., supra, at 75.)” Therefore, “Acceptance of the city manager office automatically causes the police chief office to be vacated," according to Richard M. Kreisler, L.A. County Police Chief Update, October 01, 1998. And importantly, “It is this office's opinion that the Attorney General would be likely to find that holding an acting city manager position is likewise incompatible with maintaining your permanent appointment as chief of police. Given that the apparent purpose or intent of the “incompatible public office” doctrine is to prevent a person from simultaneously holding two public offices where the performance of the duties of either office could have an adverse effect on the other, it is arguably of little import that your exercise of duties as a city manager is occurring while you are temporarily the city manager. In such case, the city manager can still impact the operations of the two public offices inasmuch as an acting city manager is typically invested with all of the powers, duties and obligations of the office of the city manager, and is therefore called upon to in essence supervise the chief of police.”  Moreover, according to Robert Wechsler, Director of Research for City Ethics, "The California statute has an interesting penalty provision. The public officer is "deemed to have forfeited the first office upon acceding to the second." Thus, a mayor who successfully runs for or accepts an incompatible office is no longer mayor. If the mayor won't budge, this penalty may be enforced in an action by the AG, or by a private party with the AG's consent."

Opinion 98-707

Attorney General Opinion Office of the Attorney General, State of California, Opinion No. 98-707 (September 30, 1998)

REFERENCES:

OPINION :: No. 98-707 of : September 30, 1998 DANIEL E. LUNGREN :Attorney General : :ANTHONY S. Da VIGO : Deputy Attorney General

CONCLUSION The positions of police chief and city manager of the City of San Jacinto are incompatible public offices

State Attorney General Offers Opinion That the Chief of Police of a General Law City May Not Serve Simultaneously as City Manager - Acceptance of the City Manager Office Automatically Vacates the Police Chief Office
By: Richard M. Kreisler L.A. County Police Chief Update, October 01, 1998
LIEBERT CASSIDY WHITMORE

Incompatible Offices in Perspective
Monday, March 28th, 2011
Robert Wechsler Cityethics.org

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

Minutes 11-30-15

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 SPECIAL MEETING AGENDA, November 19, 2015

City Council Revised Special Meeting 11-19-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Thursday, November 19, 2015
CLOSED SESSION
OPEN SESSION

SETTLEMENT AGREEMENT AND GENERAL RELEASE between the City of Carmel-by-the-Sea & Karen McInchak, Successor In Interest to Decedent Steven McInchak

ABSTRACT: THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE between the City of Carmel-by-the-Sea and Karen McInchak, Successor In Interest to Decedent Steven Mclnchak, pursuant to the Order of The Honorable Thomas W. Wills, March 30. 2015, document copy is embedded. “The City and its joint powers authorities will pay to Karen Mclnchak, Successor In Interest to Decedent Steven Mclnchak, and her attorneys. the total sum of $275,000.00 to be allocated as set forth in this Agreement and a compromise and release agreement to be approved by the Workers Compensation Appeals Board. Any money paid to Plaintiff and her attorneys pursuant to this Agreement that is allocated to any civil lawsuit or administrative discrimination charge after calculations set forth below shall be paid to the trust account of Michelle A. Welsh, and any money paid pursuant to a workers' compensation compromise and release agreement shall be paid as directed by the WCAB. The total sum of$275,000.00 as allocated in this Agreement is full and complete consideration for any claims related to Steven Mclnchak's employment, including but not limited to those previously set forth in the Lawsuit and the DFEH/EEOC charge, and any claim for workers' compensation benefits."  And “This Agreement will be subject to approval or resolution by the Workers' Compensation Appeals Board… The amount of $200,000 of the Settlement shall be allocated to the workers' compensation venue.” Signed by KAREN MclNCHAK, Successor In Interest to Decedent Steven McInchak, DOUG SCHMITZ City Administrator, City of Carmel-by-the-Sea, STONER, WELSH & SCHMIDT by Michelle Welsh, Attorneys for Plaintiff, DON FREEMAN City Attorney, City of Carmel-by-the-Sea, LAW OFFICE OF VINCENT P. HURLEY, by Vincent P. Hurley, Attorneys for City of Carmel-by-the-Sea.
Note: Signatures redacted in document copy subject to Public Records Act request.

REFERENCE:
131333 9/15/2015 MICHELLE WELSH & KAREN MCINCHAK $75,000.00 01 610510076 9/11/2015 CONCLUDED THE SETTLEMENT-MCINCHAK MATTER

131333 9/16/2015 TRUST ACCOUNT OF MICHELLE WELSH ($75,000.00) 01 61051 0076 Ck#131333 Reversed

131335 9/16/2015 TRUST ACCOUNT OF MICHELLE WELSH $75,000.00 01 61051 0076 9/11/2015 CONCLUDED THE SETTLEMENT-MCINCHAK MATTER

Vendor Total ---->$75,000.00

Settlement Agreement and General Release City-mcinchak Fully Executed

SETTLEMENT AGREEMENT AND GENERAL RELEASE
City of Carmel-by-the-Sea and Karen McInchak, Successor In Interest to Decedent Steven McInchak
July, September 2015

CITY COUNCIL AMENDED SPECIAL MEETING AGENDA, November 2, 2015, 12:00 P.M.

Amended Special Meeting 11-02-15 Schmitz

CITY OF CARMEL-BY-THE-SEA
AMENDED CITY COUNCIL AGENDA
SPECIAL MEETING
MONDAY, November 2, 2015
12:00 P.M.

Ten Noteworthy 2 November 2015 City Council Special Meeting Agenda Items

ABSTRACT: Ten Noteworthy 2 November 2015 City Council Special Meeting Agenda Items, namely CLOSED SESSION, ANNOUNCEMENTS, PUBLIC APPEARANCES, CONSENT CALENDAR including Monthly Reports for the Month of September, Authorize the Purchase of Recyclable Materials and Yard Waste Trimming Carts, Receive a report on the North Dunes and Del Mar Dunes Habitat Restoration Plan, subsequent revisions to that plan, and prior Commission and Council actions with regards to the North Dunes and Del Mar Dunes., Consideration of a Resolution Declaring City's Intent to Establish the Carmel Hospitality Improvement District, Consideration of a Resolution calling the April 12, 2016, General Municipal Election for the purpose of electing a Mayor for a term of two (2) years and two members of the City Council for a term of four years each and requesting that the Monterey County Registrar of Voters (ROV) conduct the election; and authorizing the City Administrator to enter into an agreement with the Registrar of Voters to conduct the election, Adoption of a Resolution approving the transfer of $855,000 from the Measure D fund balance for street paving and sidewalk projects and Authorization of staff to send a letter to TAMC seeking approval for directing monies to the Carpenter Street repaving project and Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center, are presented. Council Reports and supporting materials are embedded as document copies.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

SPECIAL MEETING

Monday, November 2, 2015

CLOSED SESSION 4:30 P.M.

OPEN SESSION 5:30 P.M.

Special Meeting Agenda 11-02-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Monday, November 2, 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: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey County Superior Court Case No. M132929

3. 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

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.

8. Monthly Reports for the Month of September (p.25)
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 11-02-15

9. AB 1034 Authorize the Purchase of Recyclable Materials and Yard Waste Trimming Carts.

Purchase of Recyclable Materials and Yard Waste Trimming Carts 11-02-15

12. AB 1037 Receive a report on the North Dunes and Del Mar Dunes Habitat Restoration Plan, subsequent revisions to that plan, and prior Commission and Council actions with regards to the North Dunes and Del Mar Dunes.

Report on the North Dunes and Del Mar Dunes Habitat Restoration Plan11!02!15

14. AB 1039 Consideration of a Resolution Declaring City's Intent to Establish the Carmel Hospitality Improvement District.

Carmel Hospitality Improvement District 11-02-15

15. AB 1040 Consideration of a Resolution calling the April 12, 2016, General Municipal Election for the purpose of electing a Mayor for a term of two (2) years and two members of the City Council for a term of four years each and requesting that the Monterey County Registrar of Voters (ROV) conduct the election; and authorizing the City Administrator to enter into an agreement with the Registrar of Voters to conduct the election.

General Municipal Election 11-02-15

21. AB 1046 Adoption of a Resolution approving the transfer of $855,000 from the Measure D fund balance for street paving and sidewalk projects and Authorization of staff to send a letter to TAMC seeking approval for directing monies to the Carpenter Street repaving project.

Street Paving and Sidewalk Projects 11-02-15

ORDERS

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

23. AB 1048 Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center.

New Agreement Between the City & SCC 11-02-15

Receive community input on a new agreement between the City of Carmel-by-the Sea and the Sunset Cultural Center.

Seven Noteworthy 3 November 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Seven Noteworthy 3 November 2015 City Council Regular Meeting Agenda Items, namely ANNOUNCEMENTS, PUBLIC APPEARANCES, Beach Fires Pilot Program Options, First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea declaring beach fires a public nuisance, First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea adding a section to Title 8 - Health and Safety of the Carmel-by-the-Sea Municipal Code relating to smoking in the commercial and other zoning districts, public lands, and rights-of-way within said districts, Consideration of an appeal of the Planning Commission's decision to deny a Use Permit (UP 15-261) application for the establishment of a specialty food store (Carmel Chocolate Factory) at a property located in the Central Commercial (CC) Zoning District and Consideration of an appeal of the Planning Commission’s decision to deny the reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) Zoning District, are presented. Agenda Bills and supporting materials are embedded as document copies

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

REGULAR MEETING

Tuesday, November 3, 2015

4:30 P.M

Regular Meeting Agenda 11-03-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, November 3, 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.
4. AB 1050 Beach Fires Pilot Program Options.

Beach Fires Pilot Program Options 11-03-15

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.

5. AB 1051 First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea declaring beach fires a public nuisance.

Beach Fires a Public Nuisance 11-03-15

6. AB 1052 First reading of an ordinance of the City Council of the City of Carmel-by-the-Sea adding a section to Title 8 - Health and Safety of the Carmel-by-the-Sea Municipal Code relating to smoking in the commercial and other zoning districts, public lands, and rights-of-way within said districts.

Smoking 11-03-15

7. AB 1053 Consideration of an appeal of the Planning Commission's decision to deny a Use Permit (UP 15-261) application for the establishment of a specialty food store (Carmel Chocolate Factory) at a property located in the Central Commercial (CC) Zoning District.

Carmel Chocolate Factory Appeal 11-03-15

8. AB 1054 Consideration of an appeal of the Planning Commission’s decision to deny the reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) Zoning District (New planning application case numbers: DR 14-36 and UP 14-20).

Carmel Sands Hotel 11-03-15

Consideration of an appeal of the Planning Commission’s decision to deny the reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) Zoning District (New planning application case numbers: DR 14-36 and UP 14-20).

U.S. Environmental Protection Agency (EPA): Annual Health National Ambient Air Quality Standard (NAAQS) for fine particles to 12.0 micrograms per cubic meter (μg/m3) and retaining the 24-hour fine particle standard of 35 μg/m3, 2012

ABSTRACT:  EPA Revises the National Ambient Air Quality Standards for Particle Pollution December 14, 2012 - The U.S. Environmental Protection Agency took important steps to protect the health of Americans from particle pollution by strengthening the annual health National Ambient Air Quality Standard for fine particles (PM2.5) to 12.0 micrograms per cubic meter (µg/m3). The agency also retained the existing standards for coarse particle pollution (PM10).

·    Final Rule (PDF) (203pp, 4.1 MB) - Federal Register - January 15, 2013

·    Press release

·    Overview Fact Sheet (PDF) (3pp, 301k)

·    Fact Sheet: Health (PDF) (3pp, 318k)

·    Fact Sheet: Standards and Air Quality Index (PDF) (5pp, 380k)

·    Fact Sheet: Implementing the Standards (PDF) (4pp, 287k)

·    Regulatory Impact Analysis (PDF) (474pp, 10.2 MB)

ENVIRONMENTAL PROTECTION AGENCY Federal Register National Ambient Air Quality Standards for Particulate Matter, Final rule.

SUMMARY: Based on its review of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is making revisions to the suite of standards for PM to provide requisite protection of public health and welfare and to make corresponding revisions to the data handling conventions for PM and to the ambient air monitoring, reporting, and network design requirements. The EPA also is making revisions to the prevention of significant deterioration (PSD) permitting program with respect to the NAAQS revisions.

With regard to primary (health-based) standards for fine particles (generally referring to particles less than or equal to 2.5 micrometers (mm) in diameter, PM2.5), the EPA is revising the annual PM2.5 standard by lowering the level to 12.0 micrograms per cubic meter (mg/m3) so as to provide increased protection against health effects associated with long- and short-term exposures (including premature mortality, increased hospital admissions and emergency department visits, and development of chronic respiratory disease), and to retain the 24-hour PM2.5 standard at a level of 35 mg/m3. The EPA is revising the Air Quality Index (AQI) for PM2.5 to be consistent with the revised primary PM2.5 standards. With regard to the primary standard for particles generally less than or equal to 10 mm in diameter (PM10), the EPA is retaining the current 24-hour PM10 standard to continue to provide protection against effects associated with short-term exposure to thoracic coarse particles (i.e., PM10-2.5). With regard to the secondary (welfare-based) PM standards, the EPA is generally retaining the current suite of secondary standards (i.e., 24-hour and annual PM2.5 standards and a 24-hour PM10 standard). Non-visibility welfare effects are addressed by this suite of secondary standards, and PM-related visibility impairment is addressed by the secondary 24-hour PM2.5 standard.

DATES: The final rule is effective on March 18, 2013.

Pages From Extension of Beach Fires Moratorium Urgency Ordinance 09-01-15

MONTEREY BAY UNIFIED AIR POLLUTION
CONTROL DISTRICT DATA
6/21 to 7/31/2015

Air Quality Guide PM 2015

Air Quality Guide for Particle Pollution

Pollutant: PM2.5 – Particulate < 2.5 microns (24 hr. avg)

Air Quality Index	Concentration (ug/m3)	AQI Category
0-50	0.0-12.0	GOOD
51-100	12.1 – 35.4	MODERATE
101-150	35.5 – 55.4	UNHEALTHY FOR SENSITIVE GROUPS
151-200	55.5 – 150.4	UNHEALTHY
201-300	150.5 – 250.4	VERY UNHEALTHY
301-500	250.5 – 500.4	HAZARDOUS

REFERENCES:

AQI Calculator: AQI to Concentration
AQI Calculator: Concentration to AQI

DATA ANALYSIS CARMEL BEACH PM2.5

6/21 to 7/31/2015

Carmel Beach 24-Hr Ave PM2.5

AQI CATEGORY	NUMBER OF HOURS
GOOD	883
MODERATE	101
UNHEALTHY FOR SENSITIVE GROUPS	0
UNHEALTHY	0
VERY UNHEALTHY	0
HAZARDOUS	0

TOTAL HOURS 984
Carmel Beach 1-Hour Average PM2.5

AQI CATEGORY	NUMBER OF HOURS
GOOD	965
MODERATE	13
UNHEALTHY FOR SENSITIVE GROUPS	6
UNHEALTHY	0
VERY UNHEALTHY	0
HAZARDOUS	0

TOTAL HOURS 984

Air Quality Rating	Air Quality Index (AQI)	PM2.5 1-hour Average (µg/m3)	PM2.5 24-hour Average (µg/m3)
GOOD	0 - 50	0.0 - 40.4	0.0 - 12.0
MODERATE	51 - 100	40.5 - 80.4	12.1 - 35.4
UNHEALTHY FOR SENSITIVE GROUPS	101 - 150	80.5 - 175.4	35.5 - 55.4
UNHEALTHY	151 - 200	175.5 - 300.4	55.5 - 150.4
VERY UNHEALTHY	201 - 300	300.5 - 500.4	150.5 - 250.4
HAZARDOUS	>300	>500.5	>250.5

Violation File No. V-3-15-0106-:- City of Carmel Beach Fire Ordinance

ABSTRACT: N. Patrick Veesart, Enforcement Supervisor, California Coastal Commission, sent a letter, dated October 2, 2015, to Marc Wiener, Acting Planning Director, City of Carmel-by-the-Sea, regarding Violation File No. V-3-15-0106-:- City of Carmel Beach Fire Ordinance.  Importantly, according to N. Patrick Veesart, the City of Carmel-by-the-Sea’s “urgency ordinance constitutes an uncertified amendment to the LCP.” “As such, the urgency ordinance is not effective and enforceable until the City submits an LCP amendment to the Commission for certification and the Commission effectively certifies the submittal (Ibid.; Coastal Act section 30514)”…”the City does not have the legal ability to issue a valid CDP consistent with the LCP until the Commission certifies the currently ineffective and unenforceable urgency ordinance upon which the City is currently relying to implement the moratorium.” And, according to Veesart, “ the City has improperly used California Government Code §65858 and its own emergency permit ordinance to implement emergency measures, the need for which does not appear to be supported by air quality data. Furthermore, the Coastal Act does not authorize cities or counties to adopt and enforce additional regulations that impose further conditions, restrictions, or limitations with respect to any land or water use that are in conflict with the Coastal Act (Coastal Act section 30005)."  Veesart’s letter to the City of Carmel-by-the-Sea and the City’s Shoreline Management Plan document copies are embedded.

REFERENCES:

C o a s t a l Ac c e s s a n d R e c r e a t i o n E l e m e n t, 2003

CARMEL-BY-THE-SEA MUNICIPAL CODE

Coastal Act, 2014

California Government Code § 65858

CCC N Patrick Veesart Letter 10-02-2015

Re: Violation File No. V-3-15-0106-:- City of Carmel Beach Fire Ordinance Letter
N. Patrick Veesart, Enforcement Supervisor, California Coastal Commission to Marc Wiener, Acting Plannirig Director, City of Carmel-by-the-Sea
October 2, 2015

Shoreline Management Plan 1-8

City of Carmel-by-the-Sea

SHORELINE MANAGEMENT PLAN
2003, 2004