Agenda Item: 7.

K
CITY OF CARMEL-BY-THE-SEA
Council Report
November 3, 2014
To: Honorable Mayor and Members of the City Council
From: Douglas J . Schmitz City Administrator
Subject: Responses to Public from the Community Forum of September 8, 2014.

RECOMMENDATION(S):
Receive the included information. No action required.

EXECUTIVE SUMMARY:
At the community forum on Monday, September 8, members of the public asked
eighteen questions of Council. The Mayor said answers would be forthcoming in the
future. He reaffirmed this commitment at the special Council meeting of 6 October.
Listed herein are the responses to the questions raised.

ANALYSIS/DISCUSSION:
UPDATE ON PG&E:
As of 24 October, PG&E commenced working within the City of Carmel by the Sea.

TIME IT TAKES TO ISSUE PERMITS: see attached response from Rob Mullane.
(Attachment I Topic 1)

ADHERENCE TO ORANGE TAPE FOR PROPOSED PROJECTS: see attached
response from Rob Mullane. (Attachment I Topic 2)

USE OF RAIN CATCHMENT AND GRAY WATER SYSTEMS: see attached response
from Rob Mullane. (Attachment I Topic 3)

DIFFICULTY WITH EVENTS BEING APPROVED: see attached commentary from
J anet Bombard. (Attachment II)

GUIDELINES TO ADDRESS DOWNTOWN DRINKING: see attached report from Chief
Calhoun. (Attachment III)

NEED FOR POLICE FOOTBEATS: see attached report from Chief Calhoun.
(Attachment III)

RESPONSE MEASUREMENT SYSTEM WITH REGARDS TO PERMITS, PUBLIC
RECORDS: in regards to Public Records requests, see attached report from the City
Clerk. In regard to permit tracking, the Department of Community Planning and Building
City Council Agenda Packet of Nov. 3, 2014
Page 123
Agenda Item: 7.K
has initiated a permit tracking system recently which is still being refined. (Attachment
IV)

CITY FORESTER REPORT: the latest report is attached. (Attachment V)

INDEPENDENT AND COMPLETE CONTRACT ON ALL CONTRACTS: the City
Attorney has frozen nine contracts and is having those reviewed by outside counsel
and/or auditors.

MONEY SPENT TO DATE ON TAVERNER CONTRACT: the City entered into a
contract with Taverner in March 2014, for $55,000, the City to pay no more than
$25,000 and the balance from the HID. To date the City has paid $22,925.

STATUS OF CONTRACTS REGARDING ALCOCK, PCG: these contracts amongst
those that the City Attorney has frozen and has under review.

CITIZEN CONCERNS OVER CONTRACTS: see response above.

HOW MANY EMPLOYEES DOES THE CITY EMPLOY, THEIR POSITIONS AND
SALARIES: the 2014-15 adopted budget lists 80.37 FTEs and a total of 93 full and part
time employees. The positions and salaries have been posted the week of 27 October
on the Citys webpage.

EMPLOYEE MORALE, HOSTILE WORK ENVIRONMENT, LAWSUITS: the City
Attorney and City Administrator are addressing employee grievances and are working to
improve the working environment within the municipal organization. An accounting to
the public of the status of the matters involving the four terminated employees will be
presented at the Council meeting of 4 November.

FOREST THEATER COMPLETION: the Council approved the design on 29 October.
The project is estimated to be completed in J une 2015.

CONCERNS WITH PREMATURE TREE CHOPPING: at the October forum, the
individual who had asked this question at the September forum clarified its intent. He
stated he was interested in the status of watering and maintenance of the forest. In
response: the hours of the part time employee responsible for watering is being
increased from 18 hours per week to 25 hours per week. A new employee has been
hired to assist with watering and a new water tank has been ordered which will allow for
both employees to be deployed concurrently for tree watering. The stumps of trees
around the village are to be removed during November.

PLANTING TREES FOR THE 2016 CENTENNIAL: while the City will continue to plant
replacement trees, our primary concern at this time is the watering and caring for the
forest due to the drought. Young seedlings need two years of watering to assist in their
development and the oaks are under siege from various fungi and drought.

City Council Agenda Packet of Nov. 3, 2014
Page 124
City Council Agenda Packet of Nov. 3, 2014
Page 125
FISCAL IMPACT:
None.
PREVIOUS COUNCIL ACTION/DECISION HISTORY:
ATTACHMENTS:
Attachment I -
Attachment II -
Attachment Ill -
Attachment IV -
Attachment V -
APPROVED:
Response from Rob Mullane
Events response from Janet Bombard
Reports from Chief Michael Calhoun
PRA Log Report from Lori Frontella
Forester Report from Mike Branson
I
Date: Ai ~ / /
Agenda Item: ~
Agenda Item: 7.K
Attachment I
From: Robert Mullane, Director of Community Planning and
Building

1. Current time for processing residential building &/or encroachment permits
RM: The total processing time is dependent not just on City staff review turn-around
times and the complexity of the project, but also the thoroughness of the initial
application, and the responsiveness of the applicant in any resubmittals. For City
staff turn-around times:
Temporary Encroachment permits are issued within one business day
approximately 90% of the time once an application includes all the
information the City requires.
Permanent Encroachment permits have been slowtypically 2-6 months,
given staffing workload/resources and the need to take several of these to
the City Council for review and guidance. Now that such guidance has
been provided, turn-arounds should be more like 1-2 months for staff-level
approvals, and 2-3 months for City Council level approvals.
Building permits that do not require plan review; turnaround time is 48hrs
90% of the time.
Building permits requiring plan review: 90% are 20 business days or less,
and resubmittal reviews are 10 business days or less.

2. Enforcement/adherence to orange screening for potential projects
RM: the City provides applicants for discretionary Planning projects with a Ribbon
and Netting Instructions hand-out, when such netting is required. Applicants must
have the netting installed for the duration of the 10-day public notice, and are
required to provide an affidavit certifying that they met the necessary noticing
requirements. Staff reviews the netting either prior to or during the Tour of
Inspection, and in cases where netting was installed incorrectly has advised the
Planning Commission or Historic Resources Board to continue the item so that the
netting can be corrected.
3. What does CBTS need to do to legalize gray water system?
RM: nothing. There is a process for having gray water systems approved in the
Building Code. The Building Code has a streamlined review process for washing
machine water, and more in-depth requirements for other gray water components.
The system requirements for other gray water components typically require
professional preparation of plans, and our small lot sizes can be a constraint on
meeting these requirements. Specific design guidelines are spelled out in Chapter
16 of the 2013 California Plumbing Code.
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Page 126
Agenda Item: 7.K
Attachment II
From: Janet Bombard, Library and Community Activi ties Director

What is the process for getting events approved?

Event organizers are required to submit an application for a Special Event Permit at
least sixty days in advance of the event. The application is reviewed by Community
Activities and Police Department staff.

The Community Activities and Cultural Commission reviews all first-time proposed
events, events for which a fee waiver has been requested, and ongoing events for
which there are any proposed changes, and forwards a recommendation to Council
regarding the event. Recommendations can include changes to the event, whether to
allow a waiver of fees, denying the event request, etc.
Historically, weddings and dinners held on the beach have not been brought before the
CA&CC and have been approved by staff. (My note: since these events are growing in
numbers of attendees and numbers of events, I feel it is time to bring these events
before the CA&CC as well).

What are the difficulties one usually encounters?

The main difficulty seems to be that event organizers typically do not start the
application process far enough in advance to give both themselves and City staff time to
move the process forward. This may due to the following:
It is difficult to find the information related to event permits on the City website, so
event organizers are not aware of the requirement to apply for a permit 60 days
in advance of the date of the event.
Event organizers dont always know they need a permit.
Event organizers often underestimate the time needed to coordinate a large
event.

Event organizers often do not fill out the Special Event Permit correctly and leave out
important details that end up impacting / interrupting the flow of the permit process. A
more detailed permit - which will be forthcoming - should help.

The City has specific insurance requirements for special events. The turnaround time
for the Citys insurance carrier to review the insurance takes one to two days, but more
often than not the policies submitted by event organizers need revision and further
review. The process can end up taking a week or more.


City Council Agenda Packet of Nov. 3, 2014
Page 127
Agenda Item: 7.K
Attachment III
From Michael Calhoun, Director of Public Safety

In response to concerns raised during the City Council Open Forum, two questions
addressed the Police Department regarding public intoxication and officer foot patrol
activity in the downtown business community.

A citizen inquired if there has been an increase in DUI and public intoxication in
conjunction with the increase in wine tasting establishments. The citizen believed there
has been increase in public intoxication and public disturbances due to intoxication in
the downtown business area during evening hours.

The follow information shows there has actually been a significant decline in alcohol
related arrests over the past three years for DUI and public intoxication (647(f) PC
incidents).
2012 (EOY) 2013 (EOY) 08/2014 (YTD)
DUI 63 43 15
647(f) PC 23 21 8

As far as noise complaints in the downtown area we do see an increase in disturbance
calls, which would include loud subjects. Attached is a list of locations and calls for
service related to noise complaints.

LOCATION 2012 EOY 2013 EOY 2014 YTD
The Forge 2
Vesuvio 1 1
Sades 6 9 6
Odys 6 11
Brophys 6 7 17
J ack Londons 3 2
Cantinetta Luca 4
Il Fornaio 2 1
De Tierra Wine Room 1
AW Shucks 1
Tree House Caf 1 1
Mundakas 1
Grassings 1
American Legion 9
High Tide 1
Hogs Breath 1
TOTAL 21 42 38

We are taking steps to handle the increased calls for service regarding noise complaints
by increasing Officer foot patrols and bar checks during the day and evening hours. We
have asked our shifts to log foot patrols and business checks more frequently to reduce
City Council Agenda Packet of Nov. 3, 2014
Page 128
Agenda Item: 7.K
the complaints. We have also asked our shifts to contact business owners and advise
them of complaints related to their business.

We recently received a cash donation from a group of citizens to increase our bicycle
patrol unit. We will be doubling our bicycle patrol officers from 2-4 and purchasing
additional bicycles and equipment. The additional bike patrol equipment will allow us to
increase bicycle patrol activity in the downtown area as staffing permits. Bike patrols
are used during the summer months and for special events. This information regarding
Officer initiated activity (unencumbered time) will be included in the quarter
management meeting reports.

In closing, there is no reported information in our calls for service to indicate an
increase in activity regarding intoxicated persons but we have made foot patrols part of
each officers daily shift expectations and we will continue to increase foot patrol activity
as staffing permits. For this year up to todays date, officers have completed 333 foot
patrols and 147 bar checks.

City Council Agenda Packet of Nov. 3, 2014
Page 129
Agenda Item: 7.K
Attachment IV
From Lori Frontella, Interim City Clerk

On August 5, 2014 the City Council adopted a new Public Records Response Policy.
This policy established the importance of the City maintaining consistency in the
process for responding to the California Public Records Act (CPRA). The Policy is to
serve as a guidance and direction in processing the Citys Public Records Act response.
The procedures included:

If possible records should be made available at the time of the request. The
request does not have to be in writing.
Respond to PRAs as quickly as possible.
All requests should be forwarded to the City Clerks Office.
The City Clerks Office will:
Notify City Attorney and provides a copy of request
Maintains the Public Records Act log
Assign numbers to requests
Refer requests to appropriate Department Director(s)
Monitor deadlines and apprise those involved in preparing the response of
deadlines
Maintains a record of the responses

Since August 6, 2014, the following summary has applied to PRAs. PRAs started with
2014-094 through today PRA 2014-140 for a total of 46 Public Records requests.
These requests varied in document size and production; from simple resolution
requests to hundreds of pages per requests. Staff has analyzed, researched, redacted
and spent many hours providing the most complete request possible to those
requestors.

The City has received 47 requests for public records since this date. Below is the
response time and description of various requests.
Days of responses Number of request for time frame.
0 days 4
1 day 3
2 days 6
3 days 5
4 days 5
5 days 4
6 days 2
7 days 6
8 days 2
9 days 3
10 days 1
Total 41
Special Circumstance PRAs
City Council Agenda Packet of Nov. 3, 2014
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Agenda Item: 7.K












Staff continues to provide the best service and meet goals when PRAs arrive and within
the time frame provided by law.

Special thanks to all the departments whom have continued to provided documents in a
timely manner.

PRA 2014-098 research and provided documents in storage,
extension provided.
PRA 2014-101 Legal information, Dinkin and Colin Hendricks
gathered this for trial. Lengthy process PRA, City Attorney
contact requestor for extension. This PRA required outside legal
compliance.
PRA 2014-115 requestor contacted and waiting for completed
independent audit on city contracts
PRA 2014-138, 140 New requests as of 10/15 & 17, working on
providing documents
PRA 2014-139 Legal information, Dinkin and Colin Hendricks to
provided extensive request for legal matters. City Attorney in
contact with requestor. This is PRA requiring outside legal
compliance.
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Agenda Item: 7.K

City Council Agenda Packet of Nov. 3, 2014
Page 132
Attachment V
Citv Trees Removed (upper/lower) City Trees Planted (upper/lower)
Occun & Maa
Ptivate Removal Permits (upJ'er/lower) lu!3/10! I 67135/46! I 96 (Private Plantlna Requlremenos 111to 1 I !2(20/16! I sg
e/ Santi Riti bet. Ocean & 7 10" & 14" ooks
sw Antonio & S 16" Monterey cypress
w/ limnln hP.t4 &S 16' uetk
Fe bel. II Mt. View 8"oak
e/ Guadalupe bet. l & city limit 30" Palm
w} 'rOffCS bel. 9 & 10 10" Oitk
e/Camino Real bet. 1. & 4 ll" oak
e/lhx ofn bet 2& J 16" cyprCJss
\'II/ bet. 9 & l O
w/ $onto re bet. 5 & 6 10' Otlk
ISC Turrcs& 9
2(1/:1) 9(6/3!
2946 Santa luda H" Pittosporum ill. lower c:anopy
PrfvO\te Prvnlns Pcrmns 14 17
nw CJmfno Kcal & 4 !)run#! 16' ' (Hi k limb
e/ Mont A Verdtt bet . 7 & 8 4" (.h).k llrnb
se- torrts& 9 4C" pine, 16"
City Pruning by Contractors Construction Finals hsuad Pl>n'ted
level I total tr.,e 8 166 151 f.;/ Sun Antonio b..: 4th & Ocean 15 aal. olive
Jevel ll hazatd /emergellC'f 6 19 15
spE<"dfic purpose 1 16 7
Trce1 Uttder C&te 83
Contrfl(.t to remove 2-5 dead trees. and 15