CITY OF CARMEL-­BY-­THE-­SEA ORDINANCE NO. 2015-­005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS & Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15)

ABSTRACT: CITY OF CARMEL-­BY-­THE-­SEA ORDINANCE NO. 2015-­005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS and Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15) documents copies are embedded.

Ordinance No. 2015-005 Urgency Ordinance Prohibiting Beach Fires on Carmel Beach 08-06-15

CITY OF CARMEL-­BY-­THE-­SEA
ORDINANCE NO. 2015-­005
AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS
August 6, 2015
NOTE: RE: Specialists with the Monterey Bay Unified Air Pollution Control District (MBUAPCD) have collected data on air quality at a residential property on Scenic Road in Carmel-­by-­the-Sea. 13th Avenue monitoring station
NOTE: Forest and Beach Commissioner Kathy Bang, a proponent of the Carmel Beach Fire Ban, owns a residential property on Scenic Road.

Carmel Beach 24-Hr. Ave PM2.5 (5-22-15 to 10-08-15)

Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15)
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District

Carmel Beach 8-Hr. Ave PM2.5 (5-21-15 to 10-08-15)

Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15)

SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)
Monterey Bay Unified Pollution Control District

Carmel Beach 1-Hr. Ave PM2.5 (5-21-15 to 10-08-15)

Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15)
SOURCE: Richard Stedman, Air Pollution Control Officer (APCO)

Monterey Bay Unified Pollution Control District

QUESTIONS:

1. Using the reasonable person standard, does the air quality data represented in Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15), Carmel Beach 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) and Carmel Beach 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15) support an Urgency Ordinance Prohibiting Beach Fires on Carmel Beach Friday through Sunday and all National or State Holidays?

2. Has the City of Carmel-by-the-Sea demonstrated that the wood smoke from the City’s beach fires is directly responsible for a public health problem?

3. A definition of “public nuisance” is “an act, condition, or thing that is illegal because it interferes with the rights of the public generally.” Do Carmel Beach fires constitute a “public nuisance?”

4, Has the City demonstrated that Carmel beach fires “cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; or which endanger the comfort, repose, health, or safety of any such persons or the public; or which cause, or have a natural tendency to cause, injury or damage to business or property?”
(MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
RULE 402 – NUISANCES (Adopted 9-1-1968) (Revised 3-22-2000 and 8-21-2002))

5. Is ORDINANCE NO. 2015-­005 AN URGENCY ORDINANCE PROHIBITING BEACH FIRES ON CARMEL BEACH FRIDAY THROUGH SUNDAY, AND ALL NATIONAL OR STATE HOLIDAYS, adopted August 6, 2015, consistent with the CALIFORNIA COASTAL ACT (2015)?
PUBLIC RESOURCES CODE
DIVISION 20
CALIFORNIA COASTAL ACT  (2015)

6. Are science and data driving public policy or are politics and a political agenda driving the interpretation of the science and data?

REFERENCE:
Nuisance and the Beach: How Much Control Should a State Exercise Over Beach Fire Rings?
Paul J. Weinberg, ZONING AND PLANNING LAW REPORT, FEBRUARY 2014 | Vol. 37 | No. 2

Attachment 1: Carmel Beach 1-Hr. Ave PM2.5 (5/21/15 to 10/08/15), 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) & 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), AGENDA ITEM NO. 18: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE CITY OF CARMEL-BY-THE-SEA’S BEACH FIRES, Monterey Bay Unified Air Pollution Control District (MBUAPCD) BOARD OF DIRECTORS, October 21, 2015

ABSTRACT: Attachment 1: Carmel Beach 1-Hr. Ave PM2.5 ((5/21/15 to 10/08/15), 8-Hr Ave PM2.5 (5/21/15 to 10/08/15) and 24-Hr. Ave PM2.5 (5/22/15 to 10/08/15), AGENDA ITEM NO. 18: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE CITY OF CARMEL-BY-THE-SEA’S BEACH FIRES, Monterey Bay Unified Air Pollution Control District (MBUAPCD), BOARD OF DIRECTORS, October 21, 2015, is featured. The MPUAPCD October 21, 2015 Agenda and Attachment 1, AGENDA ITEM 18, document copy is embedded.

Mbuapcd Board of Directors Agenda & Agenda Item 18 Attachment 1 10-21-2015 Linked

Monterey Bay Unified Air Pollution Control District

BOARD OF DIRECTORS

MEETING AGENDA & Attachment 1, AGENDA ITEM NO. 18: RECEIVE A REPORT AND HOLD A DISCUSSION ON THE CITY OF CARMEL-BY-THE-SEA’S BEACH FIRES

October 21, 2015

Monterey Bay Unified Air Pollution Control District

The District’s Vision Statement:

All individuals in the MBUAPCD jurisdiction will live, work and play in a clean air environment. Individual and communities are encouraged to make choices in their daily lives that promote clean air quality.

The District’s Mission Statement:
The mission of the Monterey Bay Unified Air Pollution Control District is to Protect Public and Environmental Health while balancing Economic and Air Quality Considerations.

The District is responsible for air monitoring, permitting, enforcement, long-range air quality planning, regulatory development, education and public information activities related to air pollution, as required by the California Clean Air Act and Amendments (HSC Section 40910 et seq.) and the Federal Clean Air Act and Amendments (42 U.S.C. Section 7401 et seq.).

California Health and Safety Code Sections 39002, et seq. and 40000, et seq. require local districts to be the primary enforcement mechanism for air pollution control. Districts must have rules and regulations for the implementation and enforcement for the attainment and maintenance of federal and state ambient air standards.

Board of Directors Meeting Agendas