Carmel-by-the-Sea City Council
February 1, 2022

CITYOF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Mayor Dave Potter, Council Members Jeff Baron,
Karen Ferlito, Bobby Richards, and Carrie Theis
Contact: 831.620.2000 www.ci.carmel.ca.us
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues

REGULAR MEETING
Tuesday, February 1, 2022
Governor Newsom’s Executive Order N-29-20 has allowed local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Also, see the Order by the Monterey County Public Health Officer issued March 17, 2020. The health and well-being of our residents is the top priority for the City of Carmel-by-the-Sea. To that end, this meeting will be held via teleconference and web-streamed on the City’s website ONLY.

Click the following link to attend via Zoom (or copy and paste link in your browser); https://ci-carmel-ca-us.zoom.us/j/85654780072? ; Meeting ID: 856 5478 0072 ; Passcode (if needed): 648012 ; Or dial: 1 253 215 8782
The public can also email comments to [email protected]. Comments must be received 2 hours before the meeting in order to be provided to the legislative body.

Comments received after that time and up to the beginning of the meeting will be added to the agenda and made part of the record.

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

EXTRAORDINARY BUSINESS
A. Presentation and Recognition of Carmel-by-the-Sea as a Certified Blue City by Project O

PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.

Matters not appearing on the agenda will not receive action at this meeting and may be referred to staff. Persons are not required to provide their names, and it is helpful for speakers to state their names so they may be identified in the minutes of the meeting.

ANNOUNCEMENTS
A. City Administrator
B. City Attorney
C. City Council

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. December 2021 Check Register Summary

2. Monthly Reports for December 2021

3. Resolution 2022-010 Accepting a Donation of $50,000 Towards the Purchase of a NewAmbulance

4. Resolution 2022-011 Adopting the Fiscal Year 2022-2023 Budget Schedule

5. Resolution 2022-013 authorizing the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for On-Call Engineering Services for a not-to-exceed fee of $138,200 and a term ending June 30, 2024

6. Parking Enforcement Outside the City on Scenic Drive

7. Resolution 2022-014 awarding a Professional Services Agreement to Winter & Company, for a not-to-exceed fee of $83,160, to provide consultant support for the ‘Design Traditions 2.0’ project to update the City’s Design Guidelines and Zoning Code

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

8. Fiscal Year 2021-2022 Mid-Year Budget Report and Resolution 2022-012 Approving FY 2021-2022 Adopted Budget Amendments

9. Resolution 2022-015 Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At-Will Employment Agreement Effective October 1, 2021

10. Receive a Report on the Outdoor Seating Ad Hoc Committee survey results and provide direction regarding when and how the Planning Commission should begin work on a potential permanent outdoor seating program

11. Resolution 2022-016 Updating the At-Will (Unrepresented) Miscellaneous and Police Management Pay Schedule/Salary Schedule

FUTURE AGENDA ITEMS

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
GOVERNMENT CODE SECTION 54956.9 (d)(1) - GTE MOBILENET OF CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership d/b/a VERIZON WIRELESS v. CARMEL-BY-THE-SEA; United States District Court for the Northern District of California, Case No. 5:22-cv-00347-NC

ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, outside the Park Branch Library, NE corner of Mission Street and 6thAvenue, the Carmel-by-the-Sea Post Office, 5thAvenue between Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us in accordance with applicable legal requirements.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THEAGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda, received after the posting of the agenda will be available for public review at City Hall located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours.

SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Agnes Martelet, Manager, Environmental Compliance APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Presentation and Recognition of Carmel-by-the-Sea as a Certified Blue City by Project O
RECOMMENDATION:

Receive a presentation and recognition as a Blue City from Project O, a nonprofit organization managing the Blue City Network.

BACKGROUND/SUMMARY:

The City of Carmel-by-the-Sea is receiving recognition as a Blue City by Project O, a 501c3 nonprofit, ocean conservation organization. The Blue City Network Certification provides a data-driven approach to assessing communities’ efforts towards protecting waterways and oceans. The intent of this program is to establish a network of cities and counties that are willing to implement, collaborate, and share information on jurisdictional sustainability programs across four Solution Areas: Waste Minimization, Climate Protection and Community Resilience, Water Quality and Efficiency, and Healthy Ecosystems.

As part of the Blue City Network, Carmel will collaborate with other cities and counties and established nonprofit partners on efforts to further protect the ocean and waterways. The City will also benefit by being recognized as part of a select group of coastal communities who prioritize and protect the environmental resources that are necessary to maintain a sustainable future.

The Blue City Network congratulates the City of Carmel-by-the-Sea for achieving “Ocean Champion Status.”
Some of the major accomplishments that helped the City achieve this recognition include:

Achieving residential waste diversion rates near 70%, one of the highest in Monterey County, indicating the effectiveness of the City’s recycling outreach efforts.

Establishing a Climate Committee consisting of City Council members, City staff, and members of the public dedicated to assessing climate change threats and challenges as they relate to their community, and using input from experts and regional constituents to develop actionable plans to mitigate threats.

Installing over the past three years, more than 800 energy-efficient LED light fixtures in nearly every City-owned building.

Participating in the Monterey Regional Stormwater Management’s First Flush and Snapshot Day events, which are coordinated by the Monterey Bay Marine Sanctuary Foundation. Both events utilize volunteers to collect stormwater samples.

Restoration and upkeep of the Mission Trail Nature Preserve, home to the endemic Monterey Pine forest, coastal prairie and arroyo willow bogs (wetlands), and habitat area for threatened and endangered animal species.

Implementing stringent dark sky guidelines and showing exceptional dedication to the preservation of the night sky. The residential streets of Carmel are fully dark after hours, with only a handful of safety streetlights at a few key intersections.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment #1 - Certificate of Recognition
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Scattini, Finance Manager
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: December 2021 Check Register Summary
RECOMMENDATION:

Approve the check register for December 2021.

BACKGROUND/SUMMARY:

The check register is produced from the City's financial system. The report groups the checks by the respective department or function. The check register includes the check number, the name of the vendor, a description of the purchase, the check issue date and the amount of the check. Per the California Supreme Court's decision in the case of Los Angeles County Board of Supervisors v. Superior Court (Dec. 29, 2016) (2016 WL 7473802), the check register excludes the specific invoice payments for legal services incurred for pending and active investigations, pending and active litigation, as well as recently concluded matters. The Supreme Court has ruled that these specific invoices are protected under attorney-client privilege and need not be disclosed under the Public Records Act.

On the last page of the report, staff have included the contract balance for the respective vendors that were paid in December.

FISCAL IMPACT:

The check register summary for December 2021 totals $1,019,942.

PRIOR CITY COUNCIL ACTION:

Council ratified the November 2021 check register at its January 4 regular meeting.

ATTACHMENTS:

December 2021 Check Register
December 2021 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 Marketing & Economic Development
48096 Visit Carmel CRID remittance: July - Sept 2021 12/07/2021 81,595.75 48239 Monterey County Convention & Visitors Bureau TID remittance Sept - Oct 2021 12/29/2021 56,652.75 48241 Visit Carmel CHID remittance: Sept - Oct 2021 12/29/2021 297,914.04 Total for Department: 000 Marketing & Economic Dvlpmnt 436,162.54 Department: 110 City Council
48143 Peninsula Messenger LLC Mail service:sorting and delivery FY 2021-22 12/14/2021 4,272.00 48216 Peninsula Messenger LLC Mail service:sorting and delivery FY 2021-22 12/29/2021 48.00 Total for Department: 110 City Council 4,320.00
Department: 111 City Administration
48070 Digital Deployment Website support agreement 12/06/2021 700.00 48075 Softchoice Corporation IT Security subscription-Azure upgrade 12/06/2021 820.62 48076 Springbrook Software Professional services: accounting software 12/06/2021 268.50 48079 Benefit Coordinators Corporation (BCC) Cobra Admin expenses FY 2021-22 12/07/2021 75.00 48080 Bob Murray & Associates Executive recruitment services 12/07/2021 6,000.00 48083 Comcast City Hall business cable services 12/07/2021 73.17 48085 Corbin Willits System MOM Financial system FY 2021-22 12/07/2021 720.79 48087 Department of Tax and Fee Admin Costs of implementing Measure C 12/07/2021 3,489.62 48088 Hinderliter, De Llamas & Associates Sales/Transaction tax auditing services 12/07/2021 2,135.42 48089 Iron Mountain Records storage 12/07/2021 331.56
48091 Office Depot, Inc. Office supplies 12/07/2021 79.91 48111 Alhambra Water service City Hall 12/14/2021 111.82 48113 Amazon Web Services Inc Data and cloud storage fees 12/14/2021 745.73 48115 AT&T Telephone service citywide FY 2021-22 12/14/2021 3,230.53 48118 Carmel Pine Cone Legal noticing 12/14/2021 525.00 48122 Copies By-The-Sea Agenda printing 12/14/2021 400.35 48145 Pitney Bowes Global Financial Services Postage meter lease 12/14/2021 676.42 48146 Richard Rerig Reimburse: Med exam per employment agreement 12/14/2021 688.44 48151 Sprint Cell service, usage and purchases 12/14/2021 318.94 48155 T-Mobile Monthly cell service and purchases 12/14/2021 1,487.79 48179 Benefit Coordinators Corporation (BCC) Cobra Admin expenses FY 2021-22 12/29/2021 75.00 48187 CCMF HR training registration fee 12/29/2021 75.00 48189 Comcast City Hall business cable services 12/29/2021 73.17 48190 Comcast Business NonCNGEN internet and recurring charges 12/29/2021 644.82 48191 Corbin Willits System MOM Financial system FY 2021-22 12/29/2021 720.79 48201 Hinderliter, De Llamas & Associates Sales/transaction tax auditing services 12/29/2021 600.00 48202 Jodelyn E. Roland Ph.D., ABPP New employee screening 12/29/2021 475.00 48203 Kaizen InfoSource, LLC 2021-22 Records management system 12/29/2021 1,500.00 48213 Office Depot, Inc. Office supplies 12/29/2021 45.23 48221 Sloan Sakai Yeong & Wong Professional services FY2021-22 12/29/2021 529.00 48222 SOLV Form W-4, 1099, envelopes 12/29/2021 267.49
48229 Toshiba Financial Service Copier contract Admin:ESTUDIO 5506ACT 12/29/2021 373.06 48230 Traffic Patterns Recruitment services 12/29/2021 2,585.00 48232 US Bank IT equipment, IT&HR subscriptions, luncheon exp 12/29/2021 6,158.93 48234 Verizon Wireless Cell phone usage and phone purchases 12/29/2021 421.87 48235 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 12/29/2021 165.00 48238 Zoom Imaging Solutions, Imc. Admin/Finance Copier usage fees FY 2021-22 12/29/2021 226.16 Total for Department: 111 City Administration 37,815.13 Department: 112 City Attorney
48182 Burke,Williams & Sorensen, LLP Legal services: Nov 2021 12/29/2021 31,212.00 Total for Department: 112 City Attorney 31,212.00
Department: 115 Community Planning & Building
48097 Carmel Towing & Garage Fuel for CPB vehicle 12/07/2021 45.53 48098 CSG Consultants, Inc. August-October plan review services 12/07/2021 68,089.16 48099 De Lage Landen Financial Dept Copier maint-service contract 12/07/2021 212.22 48101 FedEx Mailing Volume Study to Vendor 12/07/2021 18.64 48102 IWORQ Portal Home Management software 12/07/2021 1,200.00 48108 US Bank Reference materials 12/07/2021 635.17
48109 West Coast Signings Notary Services 12/07/2021 70.00 48119 Carmel Towing & Garage Fuel for CPB vehicle 12/14/2021 52.64 48127 FedEx Mailing Volume Study to Vendor 12/14/2021 17.78 48193 CSG Consultants, Inc. November plan review services 12/29/2021 12,075.95 48194 De Lage Landen Financial Dept Copier maint-service contract 12/29/2021 212.22 48199 FedEx Mailing Volume Study to Vendor 12/29/2021 36.94 48213 Office Depot, Inc. Office supplies 12/29/2021 632.33 Total for Department: 115 Community Planning & Bu 83,298.58 Department: 116 Police
48068 Allied Universal Beach patrol 12/06/2021 940.45
48069 Axon Enterprise, Inc Tech Assurance-Body Cameras PD 12/06/2021 15,785.40 48071 Gerecke Electrical LLC Labor for electrical work-PD 12/06/2021 985.00 48072 Lexipol LLC Annual Law Enforcement Training material subscription12/06/2021 11,744.80 48073 Office Depot, Inc. Office supplies 12/06/2021 149.26 48077 Uretsky Security Background checks for PD 12/06/2021 1,320.16 48083 Comcast Police Dept cable services 12/07/2021 234.69 48084 Community Hospital of the Monterey Peninsula Testing services Police Dept 12/07/2021 192.80 48086 De Lage Landen Financial Police Dept Copier maint-service contract 12/07/2021 161.69 48093 Seaside Chrysler, Dodge, Jeep Police Dept:Vehicle repairs 12/07/2021 1,745.69 48095 Verizon Wireless PD Vehicles Air cards FY 2021-22 12/07/2021 341.10 48117 Caltronics/J.J.R Enterprises. Inc Police Dept copier usage 12/14/2021 248.05 48119 Carmel Towing & Garage Police Dept-Fuel FY 2021-22 12/14/2021 2,380.67 48123 County of Monterey IT Dept Police Dept:Cellular access 12/14/2021 867.20 48124 Cypress Coast Ford/Lincoln PD vehicle repairs 12/14/2021 422.74 48141 Pacific Gas & Electric Video cameras citywide 12/14/2021 184.11 48148 Same Day Shred Police Dept:Shredding services 12/14/2021 202.50 48157 Transunion Risk & Alterna Investigative services for PD 12/14/2021 75.00 48174 Alhambra Water service Police Dept 12/29/2021 187.13 48175 Allied Universal Beach patrol 12/29/2021 564.27
48176 American Messaging Messaging services 12/29/2021 2.50 48178 Axon Enterprise, Inc Body cameras 12/29/2021 8,455.95 48186 Carmel Towing & Garage Towing services-Police Dept 12/29/2021 675.00 48189 Comcast Police Dept cable services 12/29/2021 297.29 48192 County of Monterey, Dept of Emerg Communications FY21-22 NGEN Operations and maintenance Q3 12/29/2021 13,833.00 48194 De Lage Landen Financial Police Dept Copier maint-service contract 12/29/2021 161.69 48195 Department of Justice/Accounting Office Fingerprinting services 12/29/2021 81.00 48206 M3 Environmental Consulting Lead air and dust sampling PD shooting range 12/29/2021 1,900.00 48212 Monterey Power Sports Auto repairs - PD vehicle 12/29/2021 472.37 48218 Salinas Valley Pro Squad Uniform-service clothes 12/29/2021 14.19 48224 Summit Uniforms Uniforms PD 12/29/2021 928.59
48225 T2 Systems Canada Inc. Digital Iris service FY 2021-22 12/29/2021 135.20 48227 T-Mobile USA Inc LER GPS Locate services 12/29/2021 210.00 48232 US Bank Meeting & training expenses 12/29/2021 941.84 48233 US Bank Voyager Fleet Police Dept: Fuel charges 12/29/2021 168.25 48234 Verizon Wireless PD Vehicles Air cards FY 2021-22 12/29/2021 190.05 Total for Department: 116 Police 67,199.63
Department: 117 Fire
48078 Alhambra Water service Fire Dept 12/07/2021 159.68 48082 City Of Monterey FY 21-22 Fire Contract monthly charges 12/07/2021 222,578.82 48090 Mission Linen Service Fire Dept-Linen service 12/07/2021 238.18 48114 American Supply Company Fire Dept:Janitorial supplies 12/14/2021 462.51 48119 Carmel Towing & Garage FY 2021-22 Fire Dept fuel purchases 12/14/2021 758.59 48123 County of Monterey IT Dept Fire Dept:Cellular access 12/14/2021 260.16 48173 Alert All Community promotion supplies 12/29/2021 1,097.97 48185 Caltronics/J.J.R Enterprises. Inc Fire Dept copier usage 12/29/2021 13.29 48210 Mission Linen Service Fire Dept-Linen service 12/29/2021 357.27 Total for Department: 117 Fire 225,926.47
Department: 118 Ambulance
48081 Bound Tree Medical LLC Ambulance medical supplies-FY 2021-22 12/07/2021 722.49 48082 City Of Monterey Ambulance repairs-parts and service 12/07/2021 2,159.94 48082 City Of Monterey FY 2021-22 Ambulance OT: October 12/07/2021 15,847.65 48082 City Of Monterey FY 2021-22 Ambulance agreement 12/07/2021 1,777.30 48092 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen tanks 12/07/2021 127.59 48095 Verizon Wireless Ambulance Dept:Phone service 12/07/2021 128.07 48119 Carmel Towing & Garage FY 2021-22 Ambulance Dept fuel purchases 12/14/2021 1,004.65 48144 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen tanks 12/14/2021 383.35 48159 Verizon Wireless Ambulance Dept:Phone service 12/14/2021 289.20 48180 Bound Tree Medical LLC Ambulance medical supplies-FY 2021-22 12/29/2021 372.30 48194 De Lage Landen Financial Ambulance Copier Lease FY 2021-22 12/29/2021 71.01 48209 Medics For Life, Inc . EMT training and education 12/29/2021 400.00 48234 Verizon Wireless Ambulance Vehicles Air cards FY 2021-22 12/29/2021 228.06 48237 Wittman Enterprises, LLC Billing services Ambulance FY 2021-22 12/29/2021 3,467.06 Total for Department: 118 Ambulance 26,978.67
Department: 119 Public Works
48094 Sherwin-Williams Co. Paint and paint supplies-PW 12/07/2021 83.10 48111 Alhambra Water for PW FY 2021-2022 12/14/2021 208.94 48112 Always Under Pressure New Electric powered pressure washer 12/14/2021 7,946.85 48117 Caltronics/J.J.R Enterprises. Inc Monthly fee for copier 12/14/2021 48.53 48119 Carmel Towing & Garage PW fuel FY 21-22 12/14/2021 1,847.00 48120 City Of Monterey Vehicle valve cover repair 12/14/2021 338.53 48125 De Lage Landen Financial PW copier maintenance FY 21-22 12/14/2021 205.39 48126 Dudek Drainage and erosion contral plan reviews 12/14/2021 2,362.50 48128 Ferguson Enterprises, Inc. FM plumbing supplies FY 2021-2022 12/14/2021 14.49 48131 Granite Rock Company Supplies FY 2021-2022 12/14/2021 961.18 48132 Grower's Nursery Supply, Inc Supplies for Forestry Division 12/14/2021 1,451.79 48135 LSA Associates, Inc Greenhouse gas emissions analysis 12/14/2021 6,635.00 48138 Monterey Sanitary Supply Janitorial supplies 12/14/2021 402.00 48140 Office Depot, Inc. Office supplies 12/14/2021 58.75 48147 Rincon Consultants, Inc Climate action planning 12/14/2021 2,823.75 48149 Scarborough Lumber & Building PW Supplies FY 2021-2022 12/14/2021 9.76 48150 Sentry Alarm Systems Batteries 12/14/2021 101.61
48152 State Water Resources Control Board (SWRCB) SWRCB Annual permit fee 12/14/2021 7,067.00 48153 Terex Utilities Annual inspection for High-Ranger 12/14/2021 1,249.84 48156 Tope's Tree Service Inc. Tree work citywide 12/14/2021 472.00 48158 Uline Inc. PW safety supplies FY 21-22 12/14/2021 395.96 48177 American Supply Company FM janitorial supplies FY 21-22 12/29/2021 431.80 48184 California Marine Sanctuary Foundation Wet season monitoring & reporting 12/29/2021 2,301.00 48188 Cintas Corporation Uniforms for PW FY 2021-2022 12/29/2021 382.21 48197 Dudek Drainage and erosion contral plan reviews 12/29/2021 1,050.00 48200 Greenwaste Recovery Inc Vista Lobos food waste bin 12/29/2021 111.80 48205 LSA Associates, Inc Greenhouse gas emissions analysis 12/29/2021 627.50 48208 Martins Irrigation Supply, INC. Irrigation supplies 12/29/2021 1,640.66 48211 Monterey County Fire Prevention Officers Assc. Membership dues 12/29/2021 25.00 48215 Pape's Machinery Inc Hydrolic leak repair 12/29/2021 2,114.77 48217 Pureserve Building Service Monthly janitorial services 12/29/2021 16,166.72 48219 Scarborough Lumber & Building FM supplies FY 2021-2022 12/29/2021 75.40 48220 Sentry Alarm Systems HML Monitoring Alarm System 12/29/2021 195.00 48228 Tope's Tree Service Inc. Tree work citywide 12/29/2021 295.00 48232 US Bank Supplies, conference expenses 12/29/2021 556.12 Total for Department: 119 Public Works 60,656.95
Department: 120 Library
48142 Pacific Grove Self Storage Storage unit for city art 12/14/2021 307.00 Total for Department: 120 Library 307.00
Department: 121 Community Activities
48118 Carmel Pine Cone Winter Wonderland ad 12/14/2021 800.00 48122 Copies By-The-Sea 125 Veterans' Day programs 12/14/2021 106.52 48129 Glastonbury Inc Music for holiday event 12/14/2021 1,029.00 48130 Golden State Portables Portable restrooms for Homecrafters' 12/14/2021 1,718.81 48133 JSM Organics Inc Pumpkins for Halloween pumpkin give away 12/14/2021 1,500.00 48134 Kelly Productions Santa for Holiday Event 12/14/2021 485.00 48154 Tigerlilly Florist&Gifts Veterans' Day flowers 12/14/2021 431.55 48226 The Christmas Light Pros Install/remove holiday tree lights and decorations 12/29/2021 6,000.00 48232 US Bank Expenses for Homecrafters event 12/29/2021 731.19 Total for Department: 121 Community Activities 12,802.07 Department: 130 Non-Departmental
48141 Pacific Gas & Electric Gas and electric service citywide FY 2021-22 12/14/2021 15.33 48183 Cal-Am Water Company Water service citywide FY 2021-22 12/29/2021 8,843.01 48214 Pacific Gas & Electric Gas and electric service citywide FY 2021-22 12/29/2021 9,516.92 48231 Tristar Risk Management Admin service fees Jan-Mar 2022 12/29/2021 3,225.00 Total for Department: 130 Non-Departmental 21,600.26
Department: 311 Capital Projects
48232 US Bank ADA Restroom upgrades 12/29/2021 2,262.41 Total for Department: 311 Capital Projects 2,262.41
Department: 513 Veh & Equip Replacement
48116 California Fire Protection, Inc. SSC emergency fire pump replacement project 12/14/2021 3,500.00 48198 Emergency Vehicle Specialists Inc 2 New 2021 Dodge Durango lighting & siren packs 12/29/2021 5,900.00 Total for Department: 513 Veh & Equip Replacement 9,400.00 Grand Total 1,019,941.71
December Contract Payments:

Vendor Contract Amt Paid through Dec Contract Balance
Pen Messenger $ 30,646.00 $ 91,354.00
City of Monterey $ 1,112,894.10 $ 1,558,051.90 Fire admin services Dudek $ 4,480.00 $ 19,020.00
Rincon $ 24,001.75 $ 26,498.25
Pureserve $ 80,833.60 $ 21,166.40
Kaizen $ 18,000.00 $ 5,500.00
LSA Associates $ 11,817.50 $ 8,172.50
Tope's Tree Svc $ 53,813.48 $ 11,186.52
Traffic Patterns $ 2,585.00 $ 12,415.00
$ 122,000.00
$2,670,946.00
$ 23,500.00
$ 50,500.00
$ 102,000.00
$ 19,990.00
$ 65,000.00
$ 23,500.00
$ 15,000.00

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Ashlee Wright, Director, Libraries & Community Activities APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Monthly Reports for December 2021
RECOMMENDATION:

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:
1) City Administrator Contract Log
2) Community Planning and Building Department Reports
3) Police, Fire, and Ambulance Reports
4) Public Records Act Requests
5) Public Works Departments Report
FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

Monthly review and approval.

ATTACHMENTS:

Attachment #1 - City Administrator Contract Log December 2021 Attachment #2 - CBP Monthly Report December 2021
Attachment #3 - Police, Fire, and Ambulance Reports
Attachment #4 - Public Records Act Request Log December 2021 Attachment #5 - Public Works Report for December 2021
City Administrator Contract Log
FY 2020-2021
Date entered Into Contractor Contract Amount Purpose
12/6/2021 CPS HR Consulting NTE $15,000 HR Testing

CITY OF CARMEL-BY-THE-SEA
Monthly Report

December 2021

Community Planning and Building Department
DECEMBER 2021 – DEPARTMENT ACTIVITY REPORT
I. PLANNING APPLICATIONS:

In December of 2021, 34 planning permit applications were received.

II. BUILDING PERMIT APPLICATIONS:

In December of 2021, 23 Building Permit applications were received.

III. CODE COMPLIANCE CASES:

In December of 2021, 8 new code compliance cases were created.

IV. ENCROACHMENT APPLICATIONS:

In December of 2021, 18 encroachment permit applications were received.

V. YEAR-TO-DATE TRENDS
Table 1 includes the December 2021 totals, for planning and building permit applications, encroachments and code compliance cases with a comparison to December 2020 totals. As shown in the table, in 2021 there was a 20% increase in planning permit applications, an 8% decrease in building permit applications, 27% decrease in code compliance cases, and a 17% decrease in encroachment permit applications compared to the same period 2020.

Table 1. Permit Application Totals ** Percentage calculations corrected, program was not capturing all permits previously.

Planning Building Code Compliance Encroachments
2020 Totals 359 536 143 360
2021 Totals 431 493 104 296
% Difference 20% -8% -27% -17%
TO: Honorable Mayor and City Council Members

SUBMITTED BY: Margi Perotti, Administrative Coordinator SUBMITTED ON: December 2, 2021
APPROVED BY: Brandon Swanson, Community Planning & Building Director Attachment 2
Page: 1 of 12
Planning Permit Report
12/01/2021 - 12/31/2021
Permit
#
Permit Type Project
Description
Address/Location Date
Received
Date
Approved
Status
21448 Historic
Evaluation
Remodel of SFR SE Corner 5th and
Torres
In Review
21447 Design Study New windows,
add doors .

Replace
/Expand Deck
Junipero 2 SE of
8th
Pending
Assignment
21446 Design Study Demolish 1-story
house and Build
new 1-story
house
3rd Avenue & Santa
Fe Street
1/3/2022 In Review
21445 Reasonable
Accommodation
Request to
continue
driveway pavers
on both sides
along the
retaining wall so
they are in line
with the middle
section of the
driveway. The
asphalt apron
would be exted
to seamlessly
connect with the
driveway with
the street
5th Avenue 2 NE of
Santa Rita
In Review
21444 Business License Owner Change Mission between
Ocean and 7th
1/3/2022 Pending
Assignment
21443 Design Study Garage
relocation and
expansion, door
and window
removal and
additions,
Chimney
removals with
house
expansion,
landscaping and
retaining wall
and pathway
removal and
stepping stones
placed
Camino Real and
4th Avenue
1/3/2022 In Review
Attachment 2
Page: 2 of 12
21442 Notice of Exempt
Work
Pressure wash,
prep and paint
exterior of house
and front yard
fence. Existing
shutters may be
removed.

Existing fence
shall not be
removed or
replaced.

Pressure
washing to be
done with two
containers, one
for washing and
the other for
water
capture/removal.

Additional water
may be removed
by a shop vac,
drained in
landscape, or in
indoor
sinks/toilets. No
water shall flow
onto City
property.
4910 Monterey
Street
12/22/2021 12/22/2021 Closed
21441 Sign Sign for
Business
Dolores 4 NE of 6th In Review
21440 Historic
Evaluation
Historic
evaluation
Scenic 3 SE of 12th 12/23/2021 In Review
21439 Design Study Guest House
Rehab:

Extending
bedroom and
bathroom walls,
replacing back
door with a
sliding glass
door and a
complete
bathroom
remodel. Main
House: Remove
high windows
above garage
and master
bedroom.

Adding stone
26106 Ladera
Drive, Carmel, CA
93923
12/20/2021 In Review
Attachment 2
Page: 3 of 12
veneer to front
elevation
21438 Business License Boho Jewelry
store
Dolores Street SE
of 5th
12/17/2021 In Review
21437 Business License Home
Occupation
Business License
Torres 2 southwest
of 10th Avenue
12/17/2021 In Review
21436 Design Study Remodel and
addition to (e)
2-story SFD with
attached 2 car
garage & (N)
detached ADU,
Scope includes
site grading and
drainage
San Antonio 1 NW
of 9th
12/20/2021 In Review
21435 Design Study Remodel &
Addition to an
existing single
family home.

Covert 563 SF
lower level to
new ADU and
add 667 SF for
total of 1,230
SF. Add 555 SF
to existing house
to increase
square footage
to max allowed
2,460 SF.

Remodel (E)
garage. Replace
(e) rear yard
deck. New
driveway,
hardscape and
landscape
Casanova Street 4
W of 4th Avenue
12/17/2021 In Review
21434 Variance Remodel
including
exterior
materials and
color changes
and a 141 sq ft
sunroom
addition
Casanova 4 SW of
13th
In Review
21433 Design Study • Demolish
Existing wood
shake shingle
siding •
Construct new
Dolores 3 NE of
13th
In Review
Attachment 2
Page: 4 of 12
stucco lower
level exterior
finish
• Construct new
Cementitious
Board-andbatten upper
level exterior
finish • Remove
and replace
windows •
Additional
exterior
alterations
relating to wall
openings · In-fill
frame Exterior
upper west
elevation
window opening
· Construct new
upper French
door with
Juliette Balcony
• Construct
single car
garage
extension on
west elevation ·
Construct new
covered entry
roof at exterior
covered entry
roof
• Construct new
trellis at new
west elevation
lower French
door opening
21432 Design Study Remodel
including
exterior material
and color
changes and a
141 sq ft
sunroom
addition
Casanova Street 4
SW of 13th Avenue
12/14/2021 In Review
21431 Business License This business
license BL 21-
430 (Belle Cose
South Ocean)
authorizes use
of a commercial
Fee Building, North
side of Ocean
between Dolores
and Lincoln
12/16/2021 12/17/2021 Approved
Attachment 2
Page:
5 of 12
business space
offering the
following goods
and services.
a. Primary Use:

This use is
classified as a
Home Furnishing
Store (NAICS
442299):
i. This U.S.
industry
comprises
establishments
primarily
engaged in
retailing new
home
furnishings
b. Ancillary Use:

The Ancillary
Use shall be
classified as a
Jewelry Store
(NAICS 448310):
i. This industry
comprises
establishments
primarily
engaged in
retailing one or
more of the
following
items: (1) new
jewelry (except
costume
jewelry); (2)
new sterling and
plated
silverware; and
(3)
new watches
and clocks.
ii. The ancillary
use shall be
limited to no
more than 10
percent of the
floor area of the
established
primary use, and
10 percent of
Attachment 2
Page: 6 of 12
the window
display area(s).
21430 Business License This business
license BL 21-
430 (Belle Cose
South Ocean)
authorizes use
of a commercial
business space
offering the
following goods
and services.
a. Primary Use:

This use is
classified as a
Home Furnishing
Store (NAICS
442299):
i. This U.S.
industry
comprises
establishments
primarily
engaged in
retailing new
home
furnishings
b. Ancillary Use:

The Ancillary
Use shall be
classified as a
Jewelry Store
(NAICS 448310):
i. This industry
comprises
establishments
primarily
engaged in
retailing one or
more of the
following
items: (1) new
jewelry (except
costume
jewelry); (2)
new sterling and
plated
silverware; and
(3)
new watches
and clocks.
ii. The ancillary
use shall be
Southside of Ocean
Avenue, between
Dolores and Lincoln
(Der Ling Building)
12/16/2021 12/17/2021 Approved
Attachment 2
Page: 7 of 12
limited to no
more than 10
percent of the
floor area of the
established
primary use, and
10 percent of
the window
display area(s).
21429 Business License This business
license BL 21-
429 (Mary Titus
Gallery/Studio)
authorizes use
of a single artist
art gallery
offering the
following goods
and services. a.

Primary Use:

This use is
classified as an
Art Gallery
(NAICS 453920):
i. This industry
comprises
establishments
primarily
engaged in
retailing original
and limited
edition art
works. Included
in this industry
are
establishments
primarily
engaged in
displaying works
of art for retail
sale in art
galleries.

On Dolores 4 NE of
6th
12/15/2021 12/16/2021 Approved
21428 Sign New Business
Sign
Northwest Corner
of Mission and 8th
In Review
21427 Landscape Plan
Check/Inspection
Landscape Patio
Addition
2nd House S.W
Santa Fe & 5th
12/17/2021 In Review
21426 Preliminary Site
Assessment
Remodel &
Addition,
demolish &
rebuild garage
Scenic Road, 3 SE
of 8th Avenue
12/17/2021 In Review
Attachment 2
Page: 8 of 12
21425 Design Study Remodel an (e)
two story single
family home.
replace (E)
aluminum
framed windows
and exteior
doors with new.
replace (e)
painted wood
siding with new
stained vertical
wood siding.
replace (e) tiled
entry walkway
with new glass
walkway.

Replace (e) tile
on deck at rear
of house with
new and add 19
SF to deck.

Replace (e)
wood fence with
new wood fence.

Remove portions
of concrete
patios on lower
level. Remove
wood steps at
south yard.

Remove (e)
stucco chimney
Scenic road 6 1/2
SE of Ocean
Avenue
In Review
21424 Design Study Remove one
wood existing
window in
garage 18" x 18"
and replace with
new wood
window 36" x
42" facing the
courtyard
Dolores 2 SW of
13th
In Review
21423 Business License Administrative
office for Video
and Movie
Production
SW Corner of
Mission and Ocean
- Warren Building
In Review
21422 Design Study Permit after the
fact to replace
rotten fence
Palou 2 SW of 2nd In Review
21421 Preliminary Site
Assessment
Entire house and
foundation to be
completly
Junipero 6 NE of
8th Avenue
In Review
Attachment 2
Page: 9 of 12
removed, new
signle story 3
bed 2 bath
residence with
attached 1-car
garage, new
paver driveway
21420 Design Study Due to rot and
inconsistency of
exterior finishes,
replace the
existing exterior
board and
batten with
horizontal siding
with new Hardie
Shingle siding.

Camino Real 3 NW
of 8th Ave.
12/8/2021 In Review
21419 Design Study Remove
backyard
concrete patio -
mulch area;
Remove front
concrete landing
- replace with
safer concrete
landing; Add
step lights for
safety; Add DG
patio/sitting
area; Fence line
replcement.

Gargage can
enclosure; New
entry path
5013 Lobos Street In Review
21418 Design Study Revision to
approved plans -
Enlarge existing
exterior upper
deck by 143 sf.,
Revise kitchen
and bathroom 4
layout, Convert
existing 146 sf
storage room to
bathroom 3,
revision of north
side roof at new
dining room due
to newly found
water leak issue.

Remove existing
masonry
Carmelo Street 5
NW of Ocean
Avenue
12/3/2021 Corrections
Required
Attachment 2
Page: 10 of 12
fireplace and
replace with
isokern fireplace
21417 Design Review Modification of
existing wall and
planter for new
PGE
Transformer
Camino Real at 8th
Avenue
In Review
21416 Planning Permit
Revision
Revisions to
Residential Tract
1 Design Studies
DS 20-346 and
DS-21-145:

Change Wood
Siding Species to
Select Tight
Knot Western
Red Cedar;
Removal
of Oriel Window;
Removal of
Skylights in
Kitchen and
Bathroom #1;
Retain Location
of Existing
Skylight in
Bathroom #2
and Replace
with Operable
Skylight
with Automatic
Night Shade;
Retain Existing
Living Room
Fireplace
Chimney and
Refinish with
Exterior Plaster
(Color and
Texture to
Match
Approved);
Remove
Proposed
Window East of
the Living Room
Fireplace; Modify
Detailing of
Wood Screening
at Lower Floor
ADU; Retain
Existing Wood
26185 Dolores
Street Carmel, CA
93923
In Review
Attachment 2
Page: 11 of 12
Gate at South
Side Yard;
Replace Existing
Wood Gate and
Fence at North
Side Yard with
New Wood Gate
and Fence in
Same Location
(Material to
Match Wood
Siding);
Remove Wood
Screening from
Proposed
Tempered Glass
Gate at Fire Pit
Balcony; Change
Living Room
Sliding Door
from a (2) Panel
Sliding Door to a
(3)
Panel Sliding
Door; Removal
of Awning
Window at Main
Entry Window
Assembly;
Remove Glass
from Dutch Door
at Kitchen; Add
New Casement
Window
on North
Elevation of
Kitchen; Change
Awning Windows
into Fixed
Windows at
Master
Bathroom
Transom
Window;
Removal of
Proposed Air
Conditioning
Condenser from
Rear Yard of
Residence
21415 Appeal Appeal of the
Planning
Dolores 2 NE of 7th 11/12/2021 In Review
Attachment 2
Page: 12 of 12
Commission
Decision
Total Records: 34 1/4/2022
Attachment 2
Page: 1 of 4
Building Permit Report
12/01/2021 - 12/31/2021
Permit # Date
Submitted
Date
Approved
Project
Description
Valuation Permit
Type
Property
Location
210496 REPLACE 5' OF 4"

SEWER LINE WITH
A 2X4 WYE GOING

THROUGH
FOUNDATION.
4,904 Plumbing LOPEZ 4 NW
OF 4TH
210495 Remodel of kitchen
and bathroom,
200amp Electrical
service upgrade
65,000 Building 7 NE of 4th
st on
Caminoreal
210494 12/22/2021 Residential 18,000 Roofing Torres 4 NW of 8th
210493 As-Built Plans 300,000 BP Revision Monte Verde
3 SW of 12th
Ave
210492 12/20/2021 0 Building Dolores 6
SW of Ocean
210491 12/20/2021 Repairs to dry-rot
damaged by
shower and sub
floor. Plumbing to
remain in same
location. Contact:

Hastings
Construction (831)
620-0920
9,500 Building SW Corner
of Carpenter
& 5th
210490 12/20/2021 Replacement/repair
of a partial section
of fence damaged
in recent storm.

Going to replace
section with
exactly the same
thing.
0 Exempt
Work
NE Corner of
San Carlos &
12th
210489 12/16/2021 12/16/2021 Repair leaking roof
on units 110, 111,
127. Wood roofs
patched with wood
roof material.

Contact: Sweety
Mistry: (510) 920-
6875
700 Building Carpenter
Btwn 1st &
2nd Units
110, 111 &
127
210488 12/16/2021 12/16/2021 Emergency repair
permit. Remove (e)
2,500 Building Carpenter
Btwn 1st &
Attachment 2
Page: 2 of 4
wood shingle roof
and install (n)
asphalt shingle
roof. Contact:

Sweety Mistry:
(510) 920-6875
2nd Units
122 & 123
210487 12/17/2021 12/17/2021 Remove boiler,
install a large
75,000 BTU mini
therm lars boiler
under the house.

Contact: Chris
Wilson Plumbing &
Heating (831) 393-
9321
5,075 Mechanical 5014

MONTEREY
STREET
210486 12/16/2021 Remove
approximately 35
lineal feet of 2x
wall to open up
two units. Contact:

Calhoun
Construction (831)
884-6359
9,000 Building Mission 3 SW
of 5th
210485 12/16/2021 Replace all (e) ext.
windows & doors
with new. Replace
(e) shower and
vanity in bathroom
#2. Install
insulation in
exterior walls and
attic.
35,000 Building 25904
Ridgewood
Road
210484 12/16/2021 remove upper
story failed Kolbe
windows. Replace
with new Clad
Kolbe windows,
same design, size
and color.

Replacing total of 7
windows. Contact:

Jeff May (831)
809-4216
0 Building Camino Real
2 NE of
Ocean
210483 12/15/2021 Renovate Existing
Shower in Unit
#10.
17,000 Building San Carlos 2
NW of 4th
210482 12/15/2021 Re-build exiting
deck, replace roof
with new asphalt
shingle roofing,
add plaster at t1-
185,000 Building Junipero 4
SW of 8th
Attachment 2
Page: 3 of 4
11 siding, replace
windows, skylights
and doors, add 1-
car garage beneath
existing deck
footprint, addition
to living room,
interior remodel of
kitchen and
bathrooms
210481 12/10/2021 Interior renovation
of the (E) Living
Room, Dining Area,
Kitchen, Laundry,
Hall & Bathroom.
(N) vaulted ceilings
in the Living Room
& Kitchen. (N)
cabinetry &
appliances in the
Kitchen & Laundry.
(N) lavatory
cabinet w/ 2 sinks,
linen cabinet &
toilet in the
Bathroom.
67,902 Building 4910
Monterey St
210480 12/7/2021 Paint exterior of
house, body to be
Swiss Coffee White
and trim to be
Black. Contact:

International
Coating Company
(925) 759-3822
0 Exempt
Work
Lopez 5 NE
of 4th
210479 12/7/2021 Construction of a
new single family
dwelling with
attached garage.
774,000 Building SW Corner
of Lincoln &
5th
210478 12/7/2021 Remodel of 4,043
sf residence,
modification of
exterior materials
from Tudor style to
shingle style
(shingle siding,
metal doors &
windows), slate
roof
3,000,000 Building San Antonio
3 NW of
Santa Lucia
210477 12/7/2021 New kitchen,
flooring, and
windows.
150 Building Junipero 2
SE of Ocean
Attachment 2
Page: 4 of 4
210476 12/6/2021 Remodel an
existing two story
single family home
dwelling and
detached garage
and expand the
lower level. Project
includes interior
and exterior
modifications
shown on the
plans. Includes
changes to rear
and side decks,
front porch, and no
excavation or tree
removal. new
wood clad windows
and doors.
450,000 Building Crespi 9 SW
of Mountain
View
210475 12/3/2021 12/3/2021 Remove (e)
ductwork
underneath the
house and replace
with new flex
ducting. Contact:

Della Mora
Heating, Sheet
Metal & Air
Conditioning (831)
883-4500
9,838 Mechanical Camino Real
3 SW of 10th
210474 12/3/2021 12/13/2021 New 4.25 kw solar
PV array consisting
of 10 panels.

Contact: Tesla
(408) 763-7754
5,610 Electrical 26282
Atherton Dr.

Total Records: 23 1/4/2022
Attachment 2
Page: 1 of 1
Code Compliance Report
12/01/2021 - 12/31/2021
Case # Case Type: Status Location Problem
Description
Date
Received
Date Closed
21104 Business License
Violation
Open Ocean NE of
Dolores
Sidewalk
sales
12/22/2021
21103 Planning/Building
Violation
Open SEC Dolores
and
Franciscan
Hot tub
installation
12/17/2021
21102 Building Violation Open Carpenter 2
NW and 2nd
Construction
without
permit
12/13/2021
21101 Sign Violation Open NEC Mission
and 13th
Multiple "for
sale" signs
12/14/2021
21100 Sign Violation Closed Rio Road Signs in ROW 12/14/2021 12/14/2021 21099 Sign Violation Open Ocean Commercial
signage
12/6/2021 1/1/1900
21098 Planning
Violation
Open Santa Fe 2
SW of 5th
Landscaping
without
permit
12/6/2021
21097 Right of way
Violation
Open Camino Real
SE of Ocean
Trash Cans in
ROW
12/1/2021
Total Records: 8 1/4/2022
Attachment 2
Page: 1 of 3
Encroachment Permit Report
12/01/2021 - 12/31/2021
Permit # Permit
Type
Date
Submitted
Project
Description
Property
Location
Date
Issued
Status
210296 Temp Ench 12/22/2021 Replace sewer
lateral using pipe
bursting
Forest Road
2 SE of 8th
12/22/2021
210295 Temp Ench 12/20/2021 Service upgrade
with concrete
restoration to
follow. Contact:

Coastal Paving &
Excavating (831)
262-1425
San Carlos 4
SE of 7th
12/20/2021 Issued
210294 Temp Ench 12/20/2021 Crossarm
replacement. PM#
31562360.

Contact: PG&E
(831) 713-6019
Santa Rita 4
SE of 4th
12/20/2021 Issued
210293 Temp Ench 12/15/2021 PG&E to trench
and backfill all.

PG&E to abandon
gas service at
main. Contact:

PG&E (408) 478-
1894
Lincoln 5 SW
of 10th
12/16/2021 Approved
210292 Temp Ench 12/15/2021 Replace sewer
lateral using pipe
bursting. Contact:

Rooter King (831)
394-5315
Vizcaino 11
SW of
Mountain
View
12/17/2021 Issued
210291 Temp Ench 12/14/2021 Replace sewer
lateral, install SRV
& BWV. Contact:

Easy Drains
Plumbing (831)
521-6882
San Antonio
4 SE of 4th
In Review
210290 Temp Ench 12/13/2021 PG&E to relocate
overhead service.

PM# 35250666.

Contact: PG&E
(408) 478-1894
San Carlos 6
SW of 8th
12/20/2021 Issued
210289 Temp Ench 12/10/2021 Bore two 6"
diameter bore
holes in City limits.

Depths will range
between 10' and
Lincoln &
2nd
12/13/2021 Issued
Attachment 2
Page: 2 of 3
20' below ground
surface. Bore holes
will be backfilled
with quick-set
concrete and
cuttings and
capped with grout.

Excess cuttings will
be off-hauled by
Pacific Coast.

CONDITION:

COORDINATE IN

ADVANCE OF

BORING TO MEET

WITH PUBLIC
WORKS

SUPERINTENDENT,

ROB CULVER AT
(831) 620-2074.

Contact: Pacific
Crest Engineering
(831) 722-9446
210288 Driveway 12/10/2021 Replace asphalt
driveway apron.

Contact: Boyd's
Asphalt Services
(831) 754-1224
Scenic 3 SE
of Ocean
12/13/2021 Issued
210287 Temp Ench 12/10/2021 Replace sewer
lateral using pipe
bursting & create
trench for PG&E to
install their gas
line. Contact:

Rooter King (831)
394-5315
Santa Rita 2
SW of 5th
12/13/2021 Issued
210286 Temp Ench Wave to run Aerial
Strand down
multiple Streets
(please refer to
plans)
Various
(Cassanova
St., Palou
Ave. & 8th
St.)
210285 Temp Ench 12/9/2021 replace sewer
lateral using pipe
bursting. 811#
W134200169.

Contact: Rooter
King (831) 394-
5315
Junipero 3
NE of 8th
12/9/2021 Approved
210284 Temp Ench 12/8/2021 PG&E to install
clearance pole.

PM# 35294705.

Contact: PG&E
(831) 713-6019
San Carlos
100' N of
2nd
In Review
Attachment 2
Page: 3 of 3
210283 Perm Ench 12/8/2021 Installation of
retaining walls,
fence, gravel patio,
and refuse bin pad.
24956
Lincoln
Street
Carmel
210282 Temp Ench 12/7/2021 Replace sewer
lateral using pipe
bursting.

CONDITION: ONE

LANE TO REMAIN

OPEN AT ALL
TIMES. Contact:

Rooter King (831)
394-5315
San Carlos 4
SE of 12th
12/8/2021 Issued
210281 Temp Ench 12/6/2021 Replace sewer
lateral using pipe
bursting. Contact:

Rooter King (831)
394-5315
NE Corner of
Scenic &
12th
12/6/2021 Issued
210280 Temp Ench 12/3/2021 Restoration of 3'x4'
paver patch and
8'x10' asphalt
patch. Contact:

Coastal Paving &
Excavating (831)
262-1425
Monte Verde
100' N of 7th
12/6/2021 Issued
210279 Temp Ench 12/1/2021 Crane lift an AC
and heater unit.

CONDITION: 1)

WORK TO NOT BE

PERFORMED
UNTIL

ASSOCIATED

BUILDING PERMIT
IS APPROVED. 2)

DETOUR AHEAD

AND ROAD

CLOSED SIGNS TO

BE INCLUDED
WITH TCP.

Contact: Tope's
Tree Service (831)
373-7765
6th 2 SW of
Dolores
12/2/2021 Issued
Total Records: 18 1/4/2022
Attachment 2

CITY OF CARMEL-BY-THE-SEA
Monthly Report
December 2021
Public Safety
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Interim Chief Brian Uhler
SUBMITTED ON: January 19, 2022
APPROVED BY: Chip Rerig, City Administrator

AMBULANCE REPORT
Summary of Carmel Fire Ambulance December Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of December 2021 the ambulance was able to meet the performance measure. The response time was 100%. 39 total calls for service in CBTS
25 Code 3 EMS calls for service – Average response time: 3:08 min

MONTEREY FIRE REPORT
Summary of Monterey Fire December Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life threatening emergency-lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of December 2021 the fire department was unable to meet the performance measure. The response time was 92% with (3) code-3 calls over 5 minutes.
57 total calls for service in CBTS Average response time: 3:36 min. 38 total Code-3 Fire calls for service with (3) Fire call over 5:00 min 12/6/21 – Code 3 response 05:38 min – Torres St. /9th Ave – Delay due to training 12/3/21 – Code 3 response 06:11 min – Mission St. /Alta Ave. – Multiple calls at the same time 12/13/21 - Code 3 response 06:36 min - San Antonio Ave/7th Ave. - Delay due to weather conditions

BEACH FIRES
Attachment 3
(1) Illegal beach fires were recorded during the month of December Attachment 3
C:\Users\kwade\Downloads\21 12 Carmel Fire Response Summary 1/19/2022 Type of Call Number Average Response Time
Fire 1 3:00
EMS 21 3:03
Rescue 3 3:06
Hazardous Condition 5 3:36
Service Calls 13 4:02
Severe Weather 2 4:20
False Call 12 4:09
Total Responses 57 3:36
Total Code 3 Calls: 38
Response Times for Code 3
Calls ≤ 5 minutes: 92%

CARMEL-BY-THE-SEA
DECEMBER 2021
Response Summary Report by Incident Type
Fire
2%
EMS
37%
Rescue
5%
Hazardous Condition
9%
Service Calls
23%
Severe
Weather
3%
False Call
21%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
21 12 Carmel Fire Activity Report 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fire)
Cooking fire, confined to container 12/29/2021 3:54 PM 211229-MNT08396 0:03:00 OCEAN AVE MONTE VERDE ST 3 1 0:03:00
300-321 Series (EMS)
Medical assist, assist EMS crew 12/3/2021 1:05 PM 211203-MNT07746 0:03:36 OCEAN AVE DEL MAR AVE 3 Medical assist, assist EMS crew 12/4/2021 12:45 PM 211204-MNT07767 0:00:01 JUNIPERO AVE 8TH AVE 2 Medical assist, assist EMS crew 12/5/2021 4:20 PM 211205-MNT07791 0:03:59 CASANOVA ST 12TH AVE 3 Medical assist, assist EMS crew 12/24/2021 7:32 AM 211224-MNT08280 0:03:18 SANTA LUCIA AVE CAMINO REAL 2 Medical assist, assist EMS crew 12/25/2021 9:53 AM 211225-MNT08299 0:03:52 GUADALUPE ST 5TH AVE 3 Medical assist, assist EMS crew 12/27/2021 7:50 PM 211227-MNT08358 0:01:42 6TH AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 12/2/2021 11:25 AM 211202-MNT07713 0:03:30 SAN CARLOS ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 12/4/2021 12:00 PM 211204-MNT07765 0:04:31 SAN CARLOS ST CAMINO DEL MONTE AVE 3 EMS call, excluding vehicle accident with injury 12/6/2021 9:50 AM 211206-MNT07803 0:04:41 CAMINO REAL ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/11/2021 2:58 PM 211211-MNT07936 0:01:56 MISSION ST JUNIPERO 3 EMS call, excluding vehicle accident with injury 12/14/2021 8:22 AM 211214-MNT08010 0:03:47 CARMELO ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 12/14/2021 12:00 PM 211214-MNT08020 0:01:20 SAN CARLOS ST 6TH AVE 3 EMS call, excluding vehicle accident with injury 12/14/2021 2:31 PM 211214-MNT08026 0:02:02 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 12/15/2021 8:17 PM 211215-MNT08054 0:02:33 TORRES ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 12/16/2021 7:13 AM 211216-MNT08059 0:04:05 DOLORES ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 12/16/2021 10:51 PM 211216-MNT08073 0:01:45 SCENIC RD 13TH AVE 3 EMS call, excluding vehicle accident with injury 12/21/2021 6:53 PM 211221-MNT08206 0:02:26 8TH AVE S MOUNTAIN VIEW AVE 3 EMS call, excluding vehicle accident with injury 12/22/2021 6:05 PM 211222-MNT08236 0:03:37 MONTE VERDE ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 12/26/2021 9:41 PM 211226-MNT08331 0:02:45 SAN CARLOS ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 12/27/2021 2:30 PM 211227-MNT08348 0:03:38 10TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 12/31/2021 6:33 PM 211231-MNT08449 0:01:29 OCEAN AVE LINCOLN ST 3 21 0:03:03
322-399 Series (Rescues)
Motor vehicle accident with injuries 12/24/2021 12:51 PM 211224-MNT08284 0:03:42 3RD AVE GUADALUPE ST 3 Motor vehicle/pedestrian accident (MV Ped) 12/17/2021 9:09 AM 211217-MNT08080 0:02:43 OCEAN AVE LINCOLN ST 3 Rescue or EMS standby 12/11/2021 11:46 PM 211211-MNT07947 0:02:54 SAN CARLOS ST 7TH AVE 3 3 0:03:06
400 Series (Hazardous Material)
Hazardous condition, other 12/8/2021 1:26 PM 211208-MNT07869 0:04:37 SANTA RITA ST 4TH AVE 3 Gas leak (natural gas or LPG) 12/6/2021 9:36 AM 211206-MNT07800 0:05:38 TORRES ST 9TH AVE 3

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 12/1/2021 To: 12/31/2021
21 12 Carmel Fire Activity Report 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Carbon monoxide incident 12/29/2021 10:50 PM 211229-MNT08402 0:03:15 MISSION ST 7TH AVE 3 Power line down 12/13/2021 2:46 PM 211213-MNT07985 0:02:23 S MOUNTAIN VIEW AVE SANTA FE ST 3 Arcing, shorted electrical equipment 12/11/2021 8:25 PM 211211-MNT07944 0:02:05 CASANOVA ST 8TH AVE 2 5 0:03:36
500 & 600 Series (Service Calls)
Service Call, other 12/12/2021 10:39 AM 211212-MNT07956 0:00:04 TORRES ST 5TH AVE 2 Water problem, other 12/9/2021 9:58 AM 211209-MNT07888 0:02:06 MISSION ST 5TH AVE 2 Water evacuation 12/10/2021 7:14 AM 211210-MNT07906 0:04:31 DOLORES ST 8TH AVE 2 Smoke or odor removal 12/28/2021 11:52 AM 211228-MNT08371 0:02:32 8TH AVE TORRES ST 3 Public service 12/14/2021 9:24 AM 211214-MNT08012 0:06:23 SCENIC RD 13TH AVE 2 Assist invalid 12/1/2021 11:55 PM 211201-MNT07707 0:04:26 SAN CARLOS ST 13TH AVE 2 Assist invalid 12/7/2021 2:37 AM 211207-MNT07826 0:03:45 25981 RIDGEWOOD RD 2 Assist invalid 12/17/2021 11:40 PM 211217-MNT08102 0:05:45 CARMELO ST 9TH AVE 2 Assist invalid 12/31/2021 8:58 PM 211231-MNT08450 0:04:31 CAMINO REAL ST 8TH AVE 2 No incident found on arrival at dispatch address 12/6/2021 7:40 AM 211206-MNT07798 0:06:26 25981 RIDGEWOOD RD 2 No incident found on arrival at dispatch address 12/6/2021 8:26 PM 211206-MNT07821 0:03:45 25981 RIDGEWOOD RD 3 No incident found on arrival at dispatch address 12/6/2021 11:47 PM 211206-MNT07824 0:05:14 25981 RIDGEWOOD RD 2 No incident found on arrival at dispatch address 12/21/2021 8:31 AM 211221-MNT08188 0:02:56 SANTA FE ST 4TH AVE 3 13 0:04:02
700 Series (False Alarms)
Sprinkler activation due to malfunction 12/31/2021 5:13 PM 211231-MNT08447 0:03:59 MISSION ST 6TH AVE 3 Smoke detector activation due to malfunction 12/8/2021 7:26 PM 211208-MNT07876 0:05:11 MISSION ST VISTA AVE 2 Smoke detector activation due to malfunction 12/28/2021 8:02 AM 211228-MNT08365 0:02:59 MONTE VERDE ST 7TH AVE 3 Alarm system sounded due to malfunction 12/2/2021 11:29 PM 211202-MNT07732 0:03:14 SAN CARLOS ST 7TH AVE 3 Alarm system sounded due to malfunction 12/3/2021 1:19 PM 211203-MNT07748 0:06:11 MISSION ST ALTA AVE 3 Alarm system sounded due to malfunction 12/7/2021 8:37 AM 211207-MNT07832 0:03:31 DOLORES ST 7TH AVE 3 Alarm system sounded due to malfunction 12/13/2021 1:54 AM 211213-MNT07968 0:06:36 SAN ANTONIO AVE 7TH AVE 3 Alarm system sounded due to malfunction 12/13/2021 9:20 AM 211213-MNT07971 0:00:00 2561 15TH AVE 2 Alarm system activation, no fire - unintentional 12/6/2021 3:03 PM 211206-MNT07814 0:02:55 MISSION ST 7TH AVE 3 Alarm system activation, no fire - unintentional 12/8/2021 9:01 AM 211208-MNT07863 0:05:22 26245 DOLORES ST 2 Alarm system activation, no fire - unintentional 12/24/2021 11:17 AM 211224-MNT08283 0:02:47 OCEAN AVE LINCOLN ST 3 Carbon monoxide detector activation, no CO 12/19/2021 6:04 PM 211219-MNT08154 0:07:00 CAMINO REAL SANTA LUCIA AVE 2 12 0:04:09
800 Series (Severe Weather)
Flood assessment 12/23/2021 10:53 AM 211223-MNT08258 0:03:47 CAMINO REAL ST SANTA LUCIA AVE 2 Wind storm, tornado/hurricane assessment 12/23/2021 7:04 PM 211223-MNT08271 0:04:52 CASANOVA ST OCEAN AVE 2 2 0:04:20
400 Series (Hazardous Material) continued..
21 12 Carmel Fire Activity Report 3
Code 2 Calls 19
211206-MNT07800 Delay due to training Code 3 Calls 38
211203-MNT07748 Multiple calls at same time 57
211213-MNT07968 Delay due to weather conditions 92%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
December 2021 PRA
request
number
Date
Requested
10-day
response
date
records requested requestor date
completed
notes
2021-101 12/7/2021 12/17/2021 CHIEF PAUL TOMASI'S resignation letter, as well as his compensation package.

Theresa Buccola 12/17/2021
Request No.

Request Date &
Received By
10-Day
Due Date
14-Day
Ext. Date
Date Completed by
PSO Requestor Phone Info Requested Status Date & PSO Mailed 2020-0001 12/2/21 DA 12/12 12/4/21 DA Lexis Nexis 800-934-9698 CQ2100529/CQ210053
0 Denied mailed back by DA
2020-0002 12/2/2021 12/12/2021 12/4/2021 Lexis Nexis CA2100528 Completed mailed by DA 2020-0003 12/4/21 DA 12/14/2021 12/4 DA Karen Christie CA2100571 Completed released at front counter 2020-0004 12/6/2021 12/16/2021 12/6 DA Kathleen Fitzgerald 831-595-4492 CG2100544 Completed released at counter MJR 2020-0005 12/6/2021 12/16/2021 6-Dec Metropolitan Reporting CA2100518 Completed mailed by DA 2020-0006 12/8/2021 12/18/2021 8-Dec Simeon Trinidad CG1900298 Completed released at front counter 2020-0007 12/10/2021 12/20/2021 12/10 DA Annette Madrigal CC2100295 Completed emailed by DA 2020-0008 12/12/2021 12/22/2021 12/12 DA Ronald Chaplan CG1600692 Completed Redacted Report awaiting release 2020-0009 12/16/2021 12/26/2021 12/16 DA Jamie Aquino CA2100518 completed released at front counter 2020-0010 12/16/2021 12/26/2021 12/16 DA Lexis Nexis CA2100564 completed mailed by DA 2020-0011 12/7/2021 12/17/2021 12/17 DA John Bonifas (Fourtane) 831-920-7645 CG2100580 denied email sent 2020-0012 12/20/2021 12/20/2021 12/20 mjr Anthony Alioto 415-382-6170 CG2100574 Completed mailed MJR 2020-0013 12/21/2021 MJR 12/21/2021 12/21 mjr Devel Mountain Nursery 510-774-7930 CA2100592 Completed mailed MJR 2020-0014 12/23/2021 MJR 1/3/2022 12/24 DA Lexis Nexis CA2100571 Completed mailed by DA 2020-00015 12/23/2021 1/3/2022 Sharleen Esfahani CG2100591 Completed mailed by DA 2020-00016 12/23/2021 1/3/2022 12/24 Da Lexis Nexis CC2100682 Completed mailed by DA 2020-0017 12-29-21 MJR 12/29 MJR Deborah Mizzi CG2100609 Completed Released MJR 2020-0018 12-30-21 MJR 12/30 MJR Jamilla Johnson CA2100611 Completed Released MJR 2020-0019 12/23 DA 1/3/2022 1/5 DA Neal Kruse CA2100592 Completed released 1 CITY OF CARMEL-BY-THE-SEA
Monthly Report – December 2021
Public Works Department
TO: Honorable Mayor and City Council Members

SUBMITTED BY: Robert Harary, P.E., Director of Public Works

SUBMITTED ON: January 4, 2021

APPROVED BY: Chip Rerig, City Administrator

City Council Special Meeting of December 6, 2021
• Approved Resolution 2021-074, amending the Franchise Agreement with Green Waste Recovery, allowing for a change of ownership, and approving a 3.76 percent rate increase to meet Senate Bill 1383, solid waste, recycling, and organics requirements, effective January 1st. • Approved Resolution 2021-076, authorizing changes to the position allocation schedule, including an Administrative Analyst for forestry, an Administrative Technician for environmental programs, and a Maintenance Worker for forestry.
• Monterey Regional Storm Water Management Program (MRSWMP) Manager Jeff Condit gave an insightful presentation regarding MRSWMP activities and accomplishments. • The Public Works Director presented an overview of a proposed grease interceptor policy to provide a consistent review and approval process for future applications.

Forest and Beach Commission Meeting of December 9, 2021 • Carmel Cares Project Manager Shirley Moon presented an overview of the three-phased approach to improving the iconic Scenic Pathway Renovation Project. • Community Planning and Building Director presented an overview of the 16 proposed benches along the Scenic Pathway as initially approved by the Planning Commission, and received excellent feedback which will be referred back to the Planning Commission. • Denied a tree removal application for a healthy coast live oak tree that is nearly touching the corner of the roof structure and patio deck at Guadalupe, 4 NW of Fifth. • Due to the unauthorized root cutting and subsequent removal of a neighboring pine tree during a sewer lateral repair, required the owner of the sewer to pay the neighbor for the value of the tree, removal, and appraisal cost totaling $26,148 at Lobos, 4 NW of Third. • A Stop Work Order was issued at Camino Real, 2 NE of Fourth, for multiple building and tree violations. Required applicant to pay $949 in fees incurred to date, and submit a landscape plan for Commission review and to determine appropriate replanting mitigation. • Presented Forester’s Reports and Public Works Reports for October and November 2021.

Attachment 5
Public Works Department Report – December 2021
2 Climate Action Committee Meeting of December 16, 2021 • This meeting was cancelled. Next regular meeting meeting will be on January 20, 2022.

Public Works Administration
• Summarized the top 17 Public Works Accomplishments for 2021, and posted in Friday Letter. • Held department interviews for all six (6) candidates on the eligibility list for Maintenance Worker. Top candidates for Streets and Forestry positions were identified and background checks should begin in January.
• Updated Project Manager job announcement and advertising campaign, and reposted position. • Continued cost-sharing negotiations for a possible Lease Agreement with Pac Rep for the Forest Theater.
• Supported the Police Dispatch Room renovation, providing plans for IT modifications. • Responded to complaints regarding pickleball play at Forest Hill Park, and coordinated with Monterey County Public Works to post “park off pavement” signs.

Carmel Cares
• Received a $50,000 donation which will be earmarked for a new ambulance. Finance to submit to City Council in February.
• Continued to maintain and improve the Scenic Pathway, Devendorf Park, Forest Theater, Vista Lobos Park, Sunset Center grounds, median islands, and other areas. • Renovated the exit gate at Forest Theater.
• Continued fabrication of seven (7) custom downtown Carmel map display cases, a show bill structure for Sunset Center, and upgraded frames for signage along the Scenic Pathway. • Made a number of short videos which can be seen here: https://www.carmelcares.org/videos/ Environmental Programs
• Submitted the City’s final $120k Cal Recycle Grant report. • Tope Tree Service substantially completed the mostly grant-funded, Fire Fuel Reduction Project in MTNP.
• During rainfall, obtained samples from the Fourth Avenue Watershed for testing discharge in the Carmel Bay’s Area of Special Biological Significance. • Submitted an application to be certified Blue City, indicating environmental stewardship for waterways and the ocean.
• Added proposed action plans to the 2021 Monterey County Multi-Jurisdictional Hazard Mitigation Plan.
• Began to prepare a Professional Services Agreement with Neill Engineering to design the first three drainage projects at the south end of MTNP funded by a Per Capita Park Grant.

Agreement will also include on-call engineering services and construction support for the annual paving project.

Attachment 5
Public Works Department Report – December 2021
3 Facility Maintenance
• During the December storms, repaired roof leaks for five (5) City buildings. • Hired vendor to sandblast the rusty metal container below the Police/ Public Works emergency generator, and apply special coating to ensure no diesel fuel is released outside the container. • Installed an ADA-compliant dual drinking fountain in Forest Hill Park. • City fire extinguishers were tested and re-certified. • Power-washed the west side of the Public Works building in preparation for painting in 2022. • Agreed with Pureserve to extend their janitorial services contract by six (6) months at the same (current) rate through the end of the fiscal year.
• GFC Painting painted the Picadilly Park restroom at no cost to the City. • Met with California Fire Protection to better understand state regulations regarding relocating fire line backflow valves to be above ground. This will be a proposed FY23 CIP Project. • Unsuccessfully attempted to close out the Sunset Center Emergency Fire Pump Replacement Project by demonstrating that the muffler as sembly is adequate as installed. It must be relocated per the Fire Code.

Street Maintenance
• Supported the Tree Lighting holiday event.
• Repeatedly cleared out drainage channels and culverts filled with debris from heavy storms and made extra rounds of street sweeping.
• Responded to numerous citizen requests and questions regarding minor ponding and erosion caused by the December storms.
• Caught up on smog testing fleet vehicles, and made repairs to the backhoe and high ranger. • Began a new sidewalk condition survey and continued making sidewalk repairs.

Forestry, Parks and Beach (Forester’s Report)
 Plants and irrigation parts have started to be installed in the Ocean Avenue median island between Lincoln and Monte Verde Streets for the Downtown Beautification Project. This pilot includes native and cultivated plants, subsurface dripline, and Bluetooth-controlled irrigation timers.
 The mobile pickleball nets were vandalized. An investigation is underway.  Two trees fell without causing any property damage during a rainstorm.  A moving truck lodged itself in an oak on Thirteenth Avenue.  Planted five (5) new trees.
 Potted pine seedlings with the help of the Carmel Youth Center students.  As authorized by Council, submitted an application for an Urban and Community Forestry Grant in the amount of $171,600 from Cal Fire to supplement funding for the Urban Forest Management Plan Project.

Attachment 5
Public Works Department Report – December 2021
4 Historic Permitted Removals and Required Plantings
Removal
permits
Removal
of upper
Removal
of lower
Replanting
Required
Replanting
of upper
Replanting
of lower
Replanting
%
2012 96 20 20.83%
2013 123 60 63 59 31 29 47.97%
2014 145 64 81 49 35 20 33.79%
2016 90 37 41.11%
2017 119 50 69 43 15 28 36.13%
2018 77 37 60 20 1 18 20.62%
2019 170 107 63 116 53 63 68.24%
2020 98 57 41 93 67 26 94.90%
Permitted
removals
Removal
of upper
Removal
of lower
Replanting
Required
Replanting
of upper
Replanting
of lower
Replanting
%
Applications
processed
2021 204 81 123 135 81 54 66.18% 213
• Private and Development Activities

Permitted Removals and Required Planting
Removals Plant Upper Plant Lower No Room for
New Trees
Meets Density
Recommendations
Total Number of
Trees Required
January 6 3 2 0 0 5
February 20 4 3 0 12 7
March 7 3 1 0 3 4
April 17 6 5 0 6 11
May 12 2 5 0 3 7
June 9 2 2 1 1 4
July 11 6 4 0 3 10
August 21 9 6 0 4 15
September 20 9 3 3 6 12
October 17 10 4 0 7 14
November 39 20 9 0 14 29
December 25 7 10 0 6 17
Totals 204 81 54 4 65 135
Attachment 5
Public Works Department Report – December 2021
5 Work Type Count
Failures 4
Inspections 32
Plan review 9
Plantings 5
Prunings 6
Removals 18
Stop Work Orders 0
Stump Removals 0
Tree Assessments - Planning 3
0 20
40 60
80 100
2013 2014 2017 2018 2019 2020 2021*
Required Replanting
Re-planting of upper Re-planting of lower
71 96 67
139 165 149 176 165 132 159
88 207
256
556 425
163
107
187
115 101
96 74
75 38
40 105
113
66 72
59 62
55 0
100
200
300
400
500
600
700
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021* City Performed Tree Work Year by Year Comparison
Removal Prunning Planting
* year to date
City Forestry, Parks, and Beach Activities
Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Scattini, Finance Manager
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-010 Accepting a Donation of $50,000 Towards the Purchase of a NewAmbulance
RECOMMENDATION:

Adopt Resolution 2022-010 approving the acceptance of a $50,000 donation to be applied solely towards the purchase of a new ambulance.

BACKGROUND/SUMMARY:

In December 2021, the City Administrator received a phone call from a member of the Manitou Fund governing board. The Manitou Fund is a philanthropic non-profit foundation based in Saint Paul, Minnesota.

While visiting this area, this member required the services of Carmel-by-the-Sea's ambulance operations.

In appreciation of receiving care from Carmel's ambulance services, a donation in the amount of $50,000 has been made by Manitou Fund. This donation is stipulated to be applied solely towards the purchase of a new ambulance. Manitou Fund's guidelines require that the funds pass through a local non-profit. To this end, Dale Byrnes, of Carmel Cares, graciously agreed for Carmel Cares to serve as the pass-through nonprofit. Carmel Cares has already received the $50,000 and is holding it for the City. Once approved by Council, City staff will work with Carmel Cares for the City to receive the $50,000.

FISCAL IMPACT:

The FY21-22 Annual Operating and Capital budget includes purchase of the ambulance, funded by Measure C.

This unanticipated donation releases $50,000 of Measure C funds from being applied towards the purchase of the ambulance to being available to be applied towards the purchase of other vehicles, such as a street sweeper or fire engine/truck.

For cohesiveness, the corresponding budget adjustment will be included with the mid-year budget adjustments.

PRIOR CITY COUNCIL ACTION:

On June 8, 2021, Council approved Resolution 2021-033 Adopting the FY21-22 Annual Operating and Capital budget, which includes purchase of the ambulance.

ATTACHMENTS:

Resolution 2022-010 Accepting a $50,000 Donation from Manitou Fund to be applied for a new ambulance

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A DONATION OF $50,000 FROM MANITOU FUND TO BE APPLIED SOLELY

TOWARDS THE PURCHASE OF A NEW AMBULANCE
WHEREAS, Manitou Fund wishes to donate $50,000 to be applied solely towards the purchase of a new ambulance; and
WHEREAS, City Council is required to accept donations of $2,500 or more in accordance with the City Council Donation and Gift Policy (Policy 2017-02).

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

Approve the acceptance of a $50,000 donation from Manitou Fund to be applied solely towards the purchase of a new ambulance.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 1st day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Yashin Abbas
Mayor Interim City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Scattini, Finance Manager
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Resolution 2022-011 Adopting the Fiscal Year 2022-2023 Budget Schedule RECOMMENDATION:

Adopt Resolution 2022-011 adopting the Fiscal Year 2022-2023 budget schedule.

BACKGROUND/SUMMARY:

This item is on the Council's agenda to adopt the Fiscal Year 2022-2023 budget schedule in accordance with the Carmel-by-the-Sea Municipal Code. Specifically, Municipal Code Section 3.06.020 requires the City Administrator to present a proposed budget schedule to Council on or before February 15 of each year. The budget schedule includes several meetings to encourage public participation in developing and prioritizing capital projects, programs and services given limited resources. The Fiscal Year 2022-2023 covers the period of July 1, 2022 through June 30, 2023.

FISCAL IMPACT:

There is no fiscal impact associated with adopting the budget schedule.

PRIOR CITY COUNCIL ACTION:

Not applicable.

ATTACHMENTS:

Resolution 2022-011 Adopting the FY 2022-23 Budget Schedule

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE FISCAL YEAR 2022-2023 BUDGET SCHEDULE
WHEREAS, Carmel-by-the-Sea Municipal Code §3.06.020 requires the City Administrator to present to Council a proposed budget schedule on or before February 15 of each year; and WHEREAS, the budget schedule includes public meeting dates pertaining to the development and review of the capital improvement plan and annual operating budget to allow for public participation in the budget process; and
WHEREAS, the budget schedule is intended to allow City Council time to deliberate while also ensuring the budget is adopted before July 1 in accordance with the City’s Municipal Code.

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

Approve the Fiscal Year 2022-2023 budget schedule per Exhibit A.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 1st day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Yashin Abbas
Mayor Interim City Clerk
Attachment 1
Resolution No. 2022-011

EXHIBIT A
Activity Date*
Adoption of FY 22-23 Budget Schedule Council Meeting
February 1, 2022
Development: FY 22-23 Operating Budget /
Five-Year Capital Improvement Plan (CIP) &
Five-Year Financial Forecast
February - March 2022
Five-Year CIP and Financial Forecast Workshop Special Council Meeting Week of March 14, 2022
Council consideration of funding projects as part of the FY 22-23 Capital Improvement Plan (CIP)
Council Meeting
April 5, 2022
Submittal of FY 22-23 Proposed Budget to Council Council Meeting May 3, 2022
FY 22-23 Proposed Budget Workshop Special Council Meeting Week of May 16, 2022
Adoption of FY 22-23 Budget and GANN Limit Council Meeting June 7, 2022
Adoption of FY 22-23 Budget and GANN Limit as Needed Special Council Meetings June 14, 2022
June 21, 2022
FY 22-23 Begins July 1, 2022
*Dates are tentative and subject to change
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-013 authorizing the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for On-Call Engineering Services for a not-to-exceed fee of $138,200 and a term ending June 30, 2024 RECOMMENDATION:

Adopt Resolution 2022-013 (Attachment 1) authorizing the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for On-Call Engineering Services for a not-to-exceed fee of $138,200 and a term ending June 30, 2024.

BACKGROUND/SUMMARY:

Neill Engineers Corp. has served the City of Carmel as the contract City Engineer for decades and has designed numerous capital improvement projects. However, the most recent professional services agreement with Neill Engineers expired on June 30, 2021.

The proposed engineering services agreement (Attachment 2) will allow the Public Works Department to obtain necessary municipal engineering services from Neill Engineers Corp. to complete the design, bidding and construction of the 2021-2022 Street Paving Project, including San Carlos median islands and San Carlos bike route projects, as well as additional sidewalk repairs that were identified by Council as high priority. The design work for this project was completed under the prior professional services agreement; however, due to the pandemic and reduced staffing, the project has not yet been advertised for bids.

The proposed agreement will also allow Neill Engineers to begin design work on three (3) inter-related Mission Trail Nature Preserve (MTNP) access and drainage improvement projects, which are funded by a State Department of Parks and Recreation Per Capita Grant. Neill Engineers has extensive knowledge of the storm drainage system in Carmel-by-the-Sea, including in the MTNP.

Finally, the proposed agreement will allow the Public Works Department to obtain engineering services on an on-call, as-needed basis. For example, Neill Engineers may continue to be needed to provide engineering, design, bid support, and/or construction management support services for the City’s infrastructure-based capital improvement projects such as pavement rehabilitation, storm drainage system upgrades, and sidewalk repairs. In addition, the proposed on-call arrangement will support the Director of Public Works with general engineering tasks including: plan checking, conditioning private development applications, cost estimating, performing condition assessments, and similar services.

Neill Engineers are a reputable firm located in Carmel and possess institutional knowledge of the City’s infrastructure systems that are second to none. Further, their hourly rates are equal to or below industry standard rates for these types of services on the Monterey peninsula. Neill Engineers were selected for the Street Paving Project through a competitive selection among eight (8) engineering firms.

As for the selection for the MTNP project, Municipal Code Section 3.12.140, “Bidding Procedures – Dispensation,” allows for the acquisition of professional services, such as that available from an attorney, accountant, architect or specialized consultant, and involving specialized knowledge, without competition.

FISCAL IMPACT:

Capital Improvement Program (CIP) work performed under this agreement will be charged to the projects included in the Council-adopted Capital Improvement Plan. Engineering fees for the 2021-22 paving project will be paid out of CIP account 118STR. Engineering fees for the access and drainage improvements in Mission Trail Nature Preserve will be paid out of CIP account 122MSS.

The total combined expenditure will not exceed $138,200 for this Professional Services Agreement.

PRIOR CITY COUNCIL ACTION:

In September 2019, the City Council passed a resolution awarding a Professional Services Agreement to Neill Engineers Corp. for a not-to-exceed fee of $126,800 for the Pavement Rehabilitation, San Carlos Median Islands, and San Carlos Bike Route projects.

ATTACHMENTS:

Attachment 1: Resolution 2022-013 Neill Engineers Corp. PSA Attachment 2: Neill Engineers Corp. Professional Services Agreement

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE

CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NEILL ENGINEERS CORP. FOR ON-CALL ENGINEERING SERVICES FOR A NOT-TO-EXCEED FEE OF $138,200 AND A TERM ENDING JUNE 30, 2024
WHEREAS, Neill Engineers Corporation has provided engineering services to the City of Carmel-bythe-Sea for many years; and WHEREAS, the Public Works Department has budgeted for on-call municipal engineering services as well as services associated with the City’s capital improvement projects and infrastructure repairs; and WHEREAS, the Agreement will allow the Public Works Department to obtain necessary engineering services to complete the design, bidding, and construction of the 2021-2022 Street Paving Project, sidewalk repairs, and the Mission Trail Nature Preserve Access and Drainage Improvement Project; and WHEREAS, Neill Engineers Corporation was selected through a competitive selection process for the Street Paving Project; and
WHEREAS, for the Access and Drainage Improvement Project, Municipal Code Section 3.12.140, “Bidding Procedures – Dispensation,” allows for the acquisition of professional services involving specialized knowledge without competition; and
WHEREAS, Neill Engineers Corporation has the qualifications, experience, and resources required to complete these services in a cost-effective manner.

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

Authorize the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for on-call engineering services for a not-to-exceed fee of $138,200 and a term ending June 30, 2024.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of February, 2022, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Attachment 1
SIGNED: ATTEST:
_______________________
Dave Potter, Mayor
__________________________
Yashin Abbas, Interim City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for the
On-call Engineering Services
Agreement #
THIS AGREEMENT is executed this ____ day of February, 2022, by and between the City of CarmelBy-The-Sea, a municipal corporation, (hereinafter "City"), and Neill Engineers Corp., (hereinafter "Consultant"), collectively referred to herein as the “parties”.

WHEREAS, the City wishes to engage Consultant to perform the services required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions; and
WHEREAS, Consultant represents that it is trained, experienced and competent and holds all necessary licenses and certifications to perform the services required by this Agreement.

NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties hereby covenant and agree as follows:

1. SERVICES
A. Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: pavement repair project engineering design services as described in Task 1 of Exhibit “A”, Mission Trail Nature Preserve drainage improvement project design services as described in Task 2 of Exhibit “A”, and on-call as-needed engineering design services as described in Task 3 of Exhibit “A”. The complete Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement should include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto.

Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement. ii. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit “B” [Key Personnel], which is made a part of this Agreement. iii. Consultant must make every reasonable effort to maintain the stability and continuity of Consultant’s key personnel and subconsultants, if any, listed in Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City’s Attachment 2
2 written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.
iv. Consultant must obtain City’s prior written approval before utilizing any subconsultants to perform any services under this Agreement. This written approval must include the identity of the subconsultants and the terms of compensation. v. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.

In meeting its obligations under this Agreement, Consultant must employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. vi. City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. Acceptance of any of Consultant’s work by City will not constitute a waiver of any of the provisions of this Agreement. vii. The Consultant must maintain any work site in the City in a safe condition, free of hazards to persons and property resulting from its operations.

B. Change Orders.
i. Agreements and Change Orders exceeding $24,999 require City Council approval to be valid.
ii. The City may order changes to the Scope of Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Consultant will be adjusted accordingly.

All such changes must be authorized in writing, and executed by Consultant and City. The cost or credit to City resulting from changes in the services will be determined by the written agreement between the parties. However, any increase in compensation beyond the compensation limit amount approved by the City Council must be authorized in advance by the City Council and any service provided by Consultant in the absence of such approval are at Consultant’s sole risk.
iii. Consultant will not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in the Scope of Services or otherwise required by this Agreement, unless such additional services are authorized in advance and in writing by City. iv. If Consultant believes that additional services are needed to complete the Scope of Services, Consultant will provide the City Administrator with written notification describing the proposed additional services, the reasons for such services, and a detailed proposal regarding cost.

Attachment 2
3 C. Familiarity with Services and Site.
i. By executing this Agreement, Consultant represents that Consultant:
a. has thoroughly investigated and considered the Scope of Services to be performed; b. has carefully considered how the services should be performed; c. understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
d. possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
ii. If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.

Should Consultant discover any latent or unknown conditions that may materially affect the performance of services, Consultant will immediately inform City of such fact and will not proceed except at Consultant’s own risk until written instructions are received from City.

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Compensation & Fee Schedule (Exhibit “C”), in a total amount not-to-exceed One Hundred Thirty-eight Thousand Two Hundred Dollars ($138,200.00).

Such compensation is the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

B. Invoicing. Consultant must submit to the City monthly written invoices to the City’s Project Representative, identified in Section 5 below. Invoices must be prepared in a form satisfactory to the City, describing the services rendered and associated costs for the period covered by the invoice. The City will provide invoicing format upon request. Consultant may not bill the City for duplicate services performed by more than one person. Consultant’s invoices must include, but are not limited to, the following information:
i. Project Title, the City’s Purchase Order number and City’s Project Code(s) for each project;
ii. Invoice number and date;
iii. A brief description of services performed for each project phase and/or task; Attachment 2
4 iv. The budgeted amount for each phase, task and item, including the total amount, with the same for approved Change Orders, if any;
v. Amount invoiced to date divided by the agreed total compensation, expressed as a percentage, with the same for approved Change Orders, if any; vi. The amount earned and invoiced to date for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; vii. The amount previously invoiced for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; viii. The amount due for the period covered by this invoice for each phase, task, and/or item, including the total amount, with the same for approved Change Orders, if any; ix. For time and materials authorizations, the number of hours spent, by whom and their hourly rate for each phase, task and/or item, including the total amount; x. The costs incurred, including reimbursables, for each phase, task, and/or item for the agreed total compensation and approved Change Orders, if any, along with a brief description of those costs;
xi. The total amount due for the period covered by this invoice, including subconsultants and vendors of services or goods;
xii. Copies of subconsultant, vendor, and reimbursable invoices including hourly breakdowns when requested by City.
xiii. Copies of subconsultant and vendor lien releases.

Any such invoices must be in full accord with any and all applicable provisions of this Agreement.

Consultant must submit invoices to the City on or before the sixteenth (16th) day of each month for services performed in the preceding month.

The City will review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with this Agreement. In the event that no charges or expenses are disputed, the invoice will be approved and paid within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, or if any charges or expenses are disputed by City, the invoice will be returned by City to Consultant for correction and resubmission, and the City will not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant.

Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant, even if such defects were known to City at the time of payment. City reserves the right to withhold future payment to Consultant Attachment 2
5 if any aspect of the Consultant’s work is found to be non-conforming to the terms of this Agreement.

The City is not obligated to pay Consultant a greater percentage of the Maximum Authorized Expenditure than the actual percentage of services completed as of the invoice date.

Consultant agrees to remit and is responsible for all withholding taxes, income taxes, unemployment insurance deductions, and any other deductions required by applicable federal, state or local laws and regulations for Consultant, its employees, subconsultants and vendors of services or goods.

C. Adjustment of Maximum Authorized Expenditure. The City may increase or decrease the Maximum Authorized Expenditure by issuing a Change Order to the Agreement in accordance with Section 1.B “Change Orders” above. Should Consultant consider that any request or instruction from the City’s Project Representative constitutes a change in the scope of services, Consultant will advise the City’s Project Representative, in writing, within fourteen (14) calendar days of such request or instruction. Without said written advice within the time period specified, the City is not obligated to make any payment of additional compensation to Consultant.

D. Hourly Rates. Payment for all authorized services, including payment for authorized on-call, asneeded services, will be made by the City to Consultant in accordance with the various hourly rates as set forth in the Consultant’s Compensation & Fee Schedule (Exhibit “C”).

E. Subconsultants and Vendors. Invoices for subconsultants and vendors of services or goods will be paid by the City to Consultant in accordance with the various rates as set forth in the Consultant’s Compensation & Fee Schedule (Exhibit “C”). All reimbursable expenses will be considered as included within the Maximum Authorized Expenditure. Consultant is solely responsible for payment to subconsultants and vendors of services or goods, and the City is not responsible or liable for any payments to subconsultants and vendors, either directly or indirectly.

F. Audit and Examination of Accounts:
i. Consultant must keep and will cause any assignee or subconsultant under this Agreement to keep accurate books of records and accounts, in accordance with sound accounting principles, which pertain to services to be performed under this Agreement. ii. Any audit conducted of books of records and accounts must be kept in accordance with generally accepted professional standards and guidelines for auditing. iii. Consultant must disclose and make available any and all information, reports, books of records or accounts pertaining to this Agreement to the City and any city of the County of Monterey, or other federal, state, regional or governmental agency which provides funding for these Services.
iv. Consultant must include the requirements of Section 2F, “Audit and Examination of Accounts”, in all contracts with assignees or subconsultants under this Agreement.

Attachment 2
6 v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

G. On-Call Agreements. The amount of work (scope of services) to be requested during the Agreement term cannot be well defined at the outset. The Consultant agrees to perform the work on an on-call basis in such increments and at such times as defined in written work orders issued by the City as the need arises. The Consultant agrees that the offer to perform the work at the various rates as set forth in the Consultant’s Fee Schedule (Exhibit “C”) remains in effect for all work requirements issued by the City during the Agreement term or until the exhaustion of the Agreement funding limit, whichever occurs first. The City does not guaranty a minimum dollar value of work.

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence by February 1, 2022 and must be completed by June 30, 2024 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders)”, in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

B. Timely Work. Consultant will perform all Services in a timely fashion, as set forth more specifically in Section 3.A, “Term”, and Section 3.C, “Project Schedule”, of this Agreement.

Failure to perform is deemed a material breach of this Agreement, and the City may terminate this Agreement with no further liability hereunder, or may authorize, in writing, an extension of time to the Agreement.

C. Project Schedule. Services must be completed by Consultant in accordance with the Project Schedule set forth in Exhibit “D”. The parties may, from time to time, by Change Order, alter the Project Schedule. Consultant will provide the Services pursuant to the Project Schedule or any applicable Project Schedule Change Order. If at any time Consultant discovers that the Project Schedule cannot be met, Consultant must promptly notify the City in writing and provide a revised Project Schedule for review and consideration by City.

D. Notice to Proceed. Upon execution of this Agreement by both parties and the receipt of all documentation required by this Agreement to be provided by Consultant to the City, including proof of insurance and tax identification numbers, the City will issue a written Notice to Proceed to the Consultant. The City may, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Consultant will diligently proceed with the Services authorized and complete those Services within the agreed time specified in said notice. Consultant will not proceed with any of the Services unless they have received a Notice to Proceed from the City.

Attachment 2
7 4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. Listed Employees and Subconsultants. Consultant will perform the Services using the individuals listed in the Key Employees and Subconsultants List attached hereto in Exhibit “B”.

B. Substitution of Employees or Subconsultants:
i. Consultant may not substitute any key employee or subconsultant listed in Exhibit “B” without the prior written approval of the City, and such approval will not be unreasonably withheld. The City will not approve removal or substitution of employees or subconsultants for the reason that Consultant or its affiliates has called on such individuals to perform services for another client of the Consultant.
ii. If, at any time, the City reasonably objects to the performance, experience, qualifications or suitability of any of Consultant’s employees or subconsultants, then Consultant may, upon written request from the City, replace such employee or subconsultant. Consultant must, subject to scheduling and staffing considerations, make reasonable efforts to replace the individual with an individual of similar competency and experience. iii. Whether or not the City consents to, or requests a substitution of any employee or subconsultant of Consultant, the City will not be liable to pay additional compensation to Consultant for any replacement or substitution.

C. Sub-agreements with Subconsultants. Consultant will incorporate the terms and conditions of this Agreement into all sub-agreements with subconsultants in respect of the Services necessary to preserve all rights of the City under this Agreement. Consultant is fully responsible to the City of all acts and omissions of subconsultants and of persons employed by any subconsultant.

D. Not an Agent of the City. Nothing in this Agreement will be interpreted to render the City the agent, employer, or partner of Consultant, or the employer of anyone working for or subcontracted by Consultant, and Consultant must not do anything that would result in anyone working for or subcontracted by Consultant being considered an employee of the City.

Consultant is not, and must not claim to be, an agent of the City.

E. Independent Contractor:
i. Consultant is an independent contractor. This Agreement does not create the relationship of employer and employee, a partnership, or a joint venture. The City may not control or direct the details, means, methods or processes by which Consultant performs the Services.

Consultant is responsible for performance of the Services and may not delegate or assign any Services to any other person except as provided for in this Agreement. Consultant is solely liable for the work quality and conditions of any partners, employees and subconsultants.
ii. No offer or obligation of permanent employment with the City or particular City department or agency is intended in any manner, and Consultant may not become entitled by virtue of this Agreement to receive from the City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ Attachment 2
8 compensation coverage, insurance or disability benefits. Consultant will be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of Consultant’s performance of Services under this Agreement. Consultant will defend, indemnify and hold the City harmless from any and all liability, which the City may incur because of Consultant’s failure to pay such taxes.

5. REPRESENTATIVES AND COMMUNICATIONS
A. City’s Project Representative. The City appoints the individual named below as the City’s Project Representative for the purposes of this Agreement (“City’s Project Representative”). The City may unilaterally change its project representative upon notice to Consultant.

Name: Robert M. Harary, P.E.

Title: Public Works Director
Address: PO Box CC, Carmel-by-the-Sea, CA, 93921
Telephone: (831) 620-2070
Email: [email protected]
B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: Sherman W. Low, P.E.

Title: Principal Engineer
Company: Neill Engineers Corp.

Address: PO Box LL, Carmel-by-the-Sea, CA 93921
Telephone: (831) 624-2110
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

D. Communications and Notices. All communications between the City and Consultant regarding this Agreement, including performance of Services, will be between the City’s Project Representative and Consultant’s Project Manager. Any notice, report, or other document that either party may be required or may wish to give to the other must be in writing and will be validly given to and received by the addressee, if delivered personally, on the date of such personal delivery, if delivered by email, on the date of transmission, or if by mail, seven (7) calendar days after posting.

Attachment 2
9 6. INDEMNIFICATION
Consultant hereby agrees to the following indemnification clause:

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant will defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless the City and its officers, designated agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against claims, loss, cost, damage, injury expense and liability (including incidental and consequential damages, Court costs, reasonable attorneys' fees as may be determined by the Court, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee will not apply to the extent that such Liabilities are caused in part by the active negligence or willful misconduct of such Indemnitee.

Notwithstanding the provisions of the above paragraph, Consultant agrees to indemnify and hold harmless the City from and against all claims, demands, defense costs, liability, expense, or damages arising out of or in connection with damage to or loss of any property belonging to Consultant or Consultant's employees, subconsultants, representatives, patrons, guests or invitees.

In no event will the obligation of the Consultant exceed the limitations on the duty to defend and indemnify as set forth in Civil Code Sections 2782, 2782.6, and 2782.8.

7. INSURANCE
Consultant must submit and maintain in full force all insurance as described herein. Without altering or limiting Consultant's duty to indemnify, Consultant must maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

A. Commercial General Liability Insurance including but not limited to premises, personal injuries, bodily injuries, property damage, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

B. Professional Liability Insurance with limits of not less than $1,000,000 per occurrence or claim and $2,000,000 in the aggregate. Consultant will have a policy for professional liability coverage that provides coverage on an occurrence basis or obtain extended reporting (tail) coverage (with the same liability limits) for at least three years following the City's acceptance of the work.

C. Automobile Liability Insurance covering all automobiles, including owned, leased, non-owned, and hired automobiles, used in providing Services under this Agreement, with a combined single limit of not less than $1,000,000 per occurrence.

D. Workers' Compensation Insurance. If Consultant employs others in the performance of this Agreement, Consultant must maintain Workers' Compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000 per occurrence.

Attachment 2
10 E. Other Insurance Requirements:
i. All insurance required under this Agreement must be written by an insurance company either:
a. admitted to do business in California with a current A.M. Best rating of no less than A:VI; or
b. an insurance company with a current A.M. Best rating of no less than A:VII.

Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
b. Provide that such Consultant’s insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Carmel-by-the-Sea is excess to the Consultant’s insurance and will not contribute with it.
c. Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.
d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.

Attachment 2
11 vi. All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions (“SIR”) must be declared to and approved by the City. At the option of the City, either: the insured will reduce or eliminate such deductibles or SIR as respects the City, its officers, officials, employees and volunteers; or Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. In no event will any SIR or insurance policy contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured, or by any means including other insurance, or which is intended to defeat the intent or protection of an additional insured.
vii. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. viii. Consultant must require and verify that all subconsultants maintain insurance meeting all the requirements in this Agreement.
ix. If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement. x. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant’s indemnity obligations under this Agreement.

Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Consultant or any subconsultant of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
xi. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies. xii. The Consultant hereby waives any right of subrogation that any of its insurers may have or that they may accrue out of the payment of any claim related to the Consultant’s performance of this Agreement, regardless of whether any endorsements required by this section are obtained.

Attachment 2
12 8. PERFORMANCE STANDARDS
A. Consultant warrants that Consultant and Consultant’s agents, employees, and subconsultants performing Services under this Agreement are specially trained, experienced, and competent and have the degree of specialized expertise contemplated within California Government Code Section 37103, and further, are appropriately licensed to perform the work and deliver the Services required under this Agreement.

B. Consultant, its agents, employees, and subconsultants must perform all Services in a safe and skillful manner consistent with the usual and customary standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields in accordance with sound professional practices. All work product of Consultant must comply with all applicable laws, rules, regulations, ordinances and codes. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and will advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. All Services performed under this Agreement that are required by law to be performed or supervised by licensed personnel must be performed in accordance with such licensing requirements.

C. Consultant must furnish, at its own expense, all materials, equipment and personnel necessary to carry out the terms of this Agreement. Consultant may not use the City premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

D. Consultant agrees to perform all work under this Agreement to the satisfaction of City and as specified herein. The City’s Project Representative or his or her designee will evaluate the work.

If the quality of work is not satisfactory, City in its discretion may meet with Consultant to review the quality of work and resolve the matters of concern, and may require Consultant to repeat the work at no additional fee until it is satisfactory.

9. CITY INFORMATION AND RESOURCES
A. Available Information. The City will make available to Consultant all relevant information, plans, maps, reports, specifications, standards and pertinent data which is in the hands of the City and is required by Consultant to perform the Services. Consultant may rely upon the accuracy and completeness of such information and data furnished by the City, except where it is stated otherwise or unreasonable.

B. City Resources. The City acknowledges that Consultant’s ability to provide the Services in accordance with this Agreement may be dependent on the City providing available information and resources in a prompt and timely manner as reasonably required by Consultant. To the extent that the City fails to provide City resources, Consultant will not be liable for any resulting delay in the Services or failure to meet the Project Schedule, but in no event will such delay or failure to provide City resources constitute a breach of this Agreement by the City, nor will Consultant be entitled to extra compensation for same. Consultant’s sole remedy shall be an extension of time to complete the Scope of Services.

Attachment 2
13 C. Obligations of Consultant. No reviews, approvals, or inspections carried out or supplied by the City will derogate from the duties and obligations of Consultant, and all responsibility related to performance of the Services will be and remain with Consultant.

10. OWNERSHIP AND USE OF MATERIALS
A. Ownership of the Materials. All data, studies, reports, calculations, field notes, sketches, designs, drawings, plans, specifications, cost estimates, manuals, correspondence, agendas, minutes, notes, audio-visual materials, photographs, models, software data, computer software (if purchased on the City’s behalf) and other documents or products produced by Consultant under this Agreement (collectively, “the Materials”) are and will remain the property of the City even though Consultant or another party may have physical possession of them or a portion thereof. Consultant hereby waives, in favor of the City, any moral rights Consultant, its employees, subconsultants, vendors, successors or assignees may have in the Materials.

B. No Patent or Copyright Infringement. Consultant guarantees that in its creation of the Materials produced under this Agreement, no federal or state patent or copyright laws were violated.

Consultant agrees that all copyrights, which arise from creation of the work or Services pursuant to this Agreement, will be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Consultant covenants that it will defend, indemnify and hold City harmless from any claim or legal action brought against the City for alleged infringement of any patent or copyright related to City’s use of Materials produced by Consultant and its employees, agents and subconsultants under this Agreement.

C. Delivery and Use of the Materials. All Materials will be transferred and delivered by Consultant to the City without further compensation following the expiration or sooner termination of this Agreement, provided that the City may, at any time prior to the expiration or earlier termination of this Agreement, give written notice to Consultant requesting delivery by Consultant to the City of all or any part of the Materials in which event Consultant must forthwith comply with such request. The Materials created electronically must be submitted in a format and medium acceptable to the City. The Materials may be used by the City in any manner for the intended purpose.

D. Survival of Ownership and Use Provisions. The provisions contained in Section 10, “Ownership and Use of Materials,” survives the expiration or earlier termination of this Agreement, and that this Section is severable for such purpose.

E. Additional Copies. If the City requires additional copies of reports, or any other material that Consultant is required to furnish as part of the Services under this Agreement, Consultant must provide such additional copies, and the City will compensate Consultant for the actual costs related to the production of such copies by Consultant.

11. CONFIDENTIALITY
A. No Disclosure. Consultant must keep confidential and may not disclose, publish or release any information, data, or confidential information of the City to any person other than representatives of the City duly designated for that purpose in writing by the City. Consultant may not use for Consultant’s own purposes, or for any purpose other than those of the City, any Attachment 2
14 information, data, or confidential information Consultant may acquire as a result of the performance of the Services under this Agreement. Consultant must promptly transmit to the City any and all requests for disclosure of any such confidential information or records. The obligations under this Section will survive the expiration or earlier termination of this Agreement.

B. California Public Records Act. Consultant acknowledges that the City is subject to the California Public Records Act (Government Code Section 6250 et seq.), known as the “PRA”, and agrees to any disclosure of information by the City as required by law. Consultant further acknowledges that it may have access to personal information as defined under the PRA, and Consultant will not use any such personal information for any purposes other than for the performance of Services under this Agreement without the advance written approval of the City.

All Scopes of Services and related documents received will be public records, with the exception of those elements, identified by the Consultant as business trade secrets and are plainly marked “Trade Secret”, “Confidential” or “Proprietary”. If disclosure is required under the PRA or otherwise by law, the City will not be liable or responsible for the disclosure of any such records and the Consultant will indemnify, defend, and hold the City harmless for any such disclosure.

12. CONFLICT OF INTEREST
Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City relating to this Agreement or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 and following) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.), and California Government Code section 1090.

Consultant is required to file a Form 700 in compliance with the City’s Conflict of Interest Code unless a written determination by the City Administrator is made modifying or eliminating said requirement, or unless otherwise exempted by law.

In addition, Consultant, Consultant’s employees, and subconsultants agree as follows:

A. That they will conduct their duties related to this Agreement with impartiality, and must, if they exercise discretionary authority over others in the course of those duties, disqualify themselves from dealing with anyone with whom a relationship between them could bring the impartiality of Consultant or its employees into question;
B. May not influence, seek to influence, or otherwise take part in a decision of the City knowing that the decision may further their private interests;
C. May not accept any commission, discount, allowance, payment, gift, or other benefit connected, directly or indirectly, with the performance of Services related to this Agreement, that causes, or would appear to cause, a conflict of interest;
Attachment 2
15 D. May have no financial interest in the business of a third party that causes, or would appear to cause, a conflict of interest in connection with the performance of the Services related to this Agreement, and if such financial interest is acquired during the term of this Agreement, Consultant must promptly declare it to the City, and;
E. May not, during the term of this Agreement, perform a service for, or provide advice to, any person, firm, or corporation, which gives rise to a conflict of interest between the obligations of Consultant under this Agreement and the obligations of Consultant to such other person, firm or corporation.

13. DISPUTE RESOLUTION
A. Dispute Resolution Procedures. The parties will make reasonable efforts to promptly resolve any dispute, claim, or controversy arising out of or related to this Agreement (“Dispute”) using the Dispute Resolution Procedures set forth in this Section.

B. Negotiations. First, the City’s Project Representative and Consultant’s Project Manager will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid, and timely disclosure of all relevant facts, information, and documents to facilitate negotiations. Should these negotiations be unsuccessful in resolving the Dispute, the matter will be promptly referred to the City Administrator or designee, and the Consultant’s Principal, who will meet and confer, in good faith, to resolve the Dispute to mutual satisfaction of the parties.

C. Mediation. If all or any portion of a Dispute cannot be resolved by good faith negotiations as set forth above within thirty (30) days of the date that the matter was referred to the City Administrator pursuant to subsection B above, either party may, by notice to the other party, submit the Dispute for formal mediation to a mediator selected mutually by the parties from the Monterey Superior Court’s Court-Directed Mediator Panel list. The duration of any such mediation may not exceed 2 hours unless otherwise agreed to by the parties. The cost of the mediation (including fees of mediators) will be borne equally by the parties, and each party will bear its own costs of participating in mediation. The mediation will take place within or in close proximity to the City of Carmel-by-the-Sea.

In any mediation conducted pursuant to this section, the provisions of California Evidence Code section 1152 will be applicable to limit the admissibility of evidence disclosed by the parties in the course of the mediation. In the event the parties are unsuccessful in resolving the dispute through the mediation process, then the parties agree that the dispute will be submitted to Binding Arbitration to a single Arbitrator in accordance with the existing Rules of Practice and Procedure of the Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.

D. Arbitration. The submission to Mediation and Arbitration in accordance with the requirements of this section of any and all agreements, differences, or controversies that may arise hereunder is made a condition precedent to the institution of any action or appeal at law or in equity with respect to the controversy involved. The award by the arbitrator will have the same force and effect and may be filed and entered, as a judgment of the Superior Court of the State of California and is subject to appellate review upon the same terms and conditions as the law permits for judgments of Superior Courts. A “Prevailing Party” will be determined in the Attachment 2
16 Arbitration, and the prevailing party will be entitled to reasonable attorney’s fees and costs incurred, and accrued interest on any unpaid balance that may be due. Costs will include the cost of any expert employed in the preparation or presentation of any evidence. All costs incurred and reasonable attorney fees will be considered costs recoverable in that proceeding, and be included in any award.

14. TERMINATION OF AGREEMENT
A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any subconsultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement. Such termination must be in writing, setting forth the effective date of termination, and will not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any subconsultant:
i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services;
iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions; v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

B. Termination for Convenience. The City may, at its option and sole discretion, terminate this Agreement, in whole or in part, with or without cause, at any time during the Agreement Term for the convenience of the City, upon ten (10) days written notice to the Consultant.

C. Steps after Termination:
i. Upon termination of this Agreement by the City for any reason, the City will pay Consultant for satisfactorily performed Services and disbursements incurred by Consultant to the date of termination pursuant to this Agreement, less any amounts necessary to compensate the City for damages or costs incurred by the City arising from Consultant’s default. Termination will be without prejudice to any other rights or remedies the City may have.
ii. Upon receipt of written notice of termination of this Agreement by the City for any reason, Consultant must:

Attachment 2
17 a. Promptly cease all Services, including Services provided by any subconsultant, unless otherwise directed by the City; and
b. Deliver to the City all the Materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such Materials are to be delivered to the City in completed form; however, notwithstanding the provisions of Section 10, Ownership and Use of Materials, herein, the City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such Materials.
iii. If this Agreement is terminated by the City for any reason, the City is hereby expressly permitted to assume the projects and Services, and to complete them by any means including, but not limited to, an agreement with another party.

15. LEGAL ACTION / VENUE
A. Should either party to this Agreement bring legal action against the other, the validity, interpretation and performance of this Agreement will be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

B. Venue for any such action relating to this Agreement will be in Monterey County.

C. If any legal action or proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party may recover reasonable attorneys’ fees as may be determined by the Arbitrator, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

16. MISCELLANEOUS PROVISIONS
A. Non-discrimination. During the performance of this Agreement, Consultant, and its subconsultants, may not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sexual orientation, either in Consultant’s employment practices or in the furnishing of services to recipients. Consultant further acknowledges that harassment in the workplace is not permitted in any form, and will take all necessary actions to prevent such conduct.

B. Acceptance of Services Not a Release. Acceptance by the City of the Services to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the Services performed.

C. Force Majeure. Either party is absolved from its obligation under this Agreement when and to the extent that performance is delayed or prevented, and in the City’s case, when and to the extent that its need for vehicles, materials, or Services to be supplied hereunder are reduced or eliminated by any course, except financial, for reasons beyond its control. Such reasons include, but are not limited to: earthquake, flood, epidemic, fire, explosion, war, civil disorder, act of God Attachment 2
18 or of the public enemy, act of federal, state or local government, or delay in transportation to the extent that they are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

D. Headings. The headings do not govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement. The headings are for convenience only.

E. Entire Agreement. This Agreement, including the Exhibits attached hereto, constitutes the entire agreement between the parties hereto with respect to the terms, conditions, and Services and supersedes any and all prior proposals, understandings, communications, representations and agreements, whether oral or written, relating to the subject matter thereof. Any Change Order to this Agreement will be effective only if it is in writing signed by both parties hereto and will prevail over any other provision of this Agreement in the event of inconsistency between them.

F. Conflict between Agreement and Exhibits. In the event of a conflict between a provision in this Agreement and a provision in an Exhibit attached to this Agreement, the provisions in this Agreement will take precedence.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, and may be signed in counterparts, but all of which together will constitute one and the same Agreement.

H. Multiple Copies of Agreement. Multiple copies of this Agreement may be executed, but the parties agree that the Agreement on file in the office of the City’s City Clerk is the version of the Agreement that governs should any difference exist among counterparts of this Agreement.

I. Authority. Any individual executing this Agreement on behalf of the City or Consultant represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

J. Severability. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.

Limitations of liability and indemnities will survive termination of the Agreement for any cause.

If a part of the Agreement is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

K. Non-exclusive Agreement. This Agreement is non-exclusive and both the City and Consultant expressly reserve the right to enter into agreements with other Consultants for the same or similar services, or may have its own employees perform the same or similar services.

L. Assignment of Interest. The duties under this Agreement are not assignable, delegable, or transferable without the prior written consent of the City. Any such purported assignment, delegation, or transfer constitutes a material breach of this Agreement upon which the City may terminate this Agreement and be entitled to damages.

Attachment 2
19 M. City Business License. Prior to receiving a Notice to Proceed from the City, Consultant will obtain and maintain a valid City of Carmel-by-the-Sea Business License for the duration of the Agreement. Costs associated with the license are the responsibility of Consultant.

N. Laws. Consultant agrees that in the performance of this Agreement it will comply with all applicable federal, state and local laws and regulations. This Agreement will be governed by and construed in accordance with the laws of the State of California and the City of Carmel-by-theSea.

IN WITNESS WHEREOF, the parties enter into this Agreement hereto on the day and year first above written in Carmel-by-the-Sea, California.

CITY OF CARMEL-BY-THE-SEA CONSULTANT
Chip Rerig, City Administrator Sherman W. Low, P.E., Principal Engineer Date Date
Consultant Legal Company Name
APPROVED AS TO FORM:

By: _______________________________ ___________ ___________ Brian Pierik, City Attorney Date
ATTEST:

By: _________________________________ ______________________ Yashin Abbas, Interim City Clerk Date
Attachment 2
20 Exhibit “A” Scope of Services
Exhibit “B” Key Personnel & Subconsultants
Exhibit “C” Compensation and Fee Schedule
Exhibit “D” Project Schedule
Attachment 2

EXHIBIT A

SCOPE OF SERVICES
Task 1: Pavement Repair Project Engineering Design Services Professional Civil Engineering Services for the 2021-2022 Annual Paving Project, San Carlos Medians, San Carlos Bikeway, and sidewalk repairs at W-side Mission St. between 4th and 5th, W-side Mission St. between 5th and 6th, W-side Dolores St. north of 6th, W-side San Carlos St. north of 4th.

Engineering Services include:
• Field mapping*
• Engineering design*
• Preparation of 30%, 90% plans*
• Cost estimate*
• Preparation of final plans and technical specifications* • Bid quantities and bid schedules for all paving and sidewalk improvement areas • Support services as needed during bid period and construction * Substantially completed in prior agreement but not yet compensated.

Task 2: Mission Trail Nature Preserve Drainage Improvement Design Services Professional Civil Engineering Services for the Mission Trail Park drainage projects based on recommended improvements from Technical Memorandum Report prepared by Dudek and Waterways, dated February 14, 2019.

Site 1 - Park Entrance at Rio Road
Alternate 2 – Storm drain pipe improvements @ Park entrance to alleviate ponding on the main park access road
a) Raise access road by approximately 6" over a distance of 650' b) Install 24" storm drain pipe, inlet and outlet structures to convey flow to the creek channel Site 2 - Pedestrian Boardwalk
Pedestrian boardwalk for year-round pedestrian access due to occasional flooding and wet conditions.

Boardwalk will be approximately 120 L.F. and connect Willow Trail to Serra Trail. Includes foundation design.

Site 3 - Tributary Crossing and Trail Junction improvements to reduce flooding of Serra Trail caused by ditch blockages from erosion and sedimentation
a) Re-route tributary area drainage to the South, where it can dissipate and deposit sediment in a low lying area between trails
b) Install culvert, concrete or rock-lined ford at trail crossing to prevent erosion of path c) Fill and raise path to accommodate culvert, concrete or rock-lined ford crossing Engineering Design Tasks for all sites:
• Review Technical Memorandum Report prepared by Dudek and Waterways Consulting, Inc. dated February 14, 2019 for Mission Trail Stream Stability Assessment • Meetings w/Public Works Director, Environmental Compliance Manager and City Staff to review project recommendations, project scope
• Field survey and mapping of the project site areas
• Prepare preliminary and progress plans, and coordinate plans with City and consultants engaged to obtain environmental/regulatory permits
• Provide 30% and 90% submittal for City review, including preliminary cost estimates  Provide 90% submittal of Technical Specifications (City to prepare Special Provisions & Bid Docs) • Complete Final Plans, Technical Specifications, Bid Schedule and Engineer's Cost Estimate • Provide support services as needed during Bid period and Construction.

Attachment 2

EXHIBIT A

SCOPE OF SERVICES
Task 3: On-Call Engineering Design Services
Additional on-call as-needed professional civil engineering services as listed in the table below.

SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS
Civil Engineering
(Roadways)
• Street improvements
• Parking Lots
• Intersections
• ADA Upgrades
• Pavement Resurfacing
• Driveways, Curbs, Gutters, Medians,
Sidewalks, Cross Gutters, Walkways
• Pavement Management
• 5-Year Capital Improvement Plan
• Plan Checking of Private
Development Grading, Drainage, and
Street Improvement Plans and
Technical Reports
• Standard Plans Update
• Project Management
• Design Survey and Geometrics
• Pavement Evaluation and Design
• Coordination w/ Other Agencies & Utilities
• AutoCAD Services
• Preliminary Engineering Studies
• Technical Reports
• Alternatives Analysis
• Cost Estimating
• Life Cycle Cost Estimating
• Final Design Plans and Specifications
• Peer Review of PS&Es prepared by Others
(Roadways/Parks/Drainage)
• On-call Services
Construction
Management and
Inspection Services
• Roadway and Street Improvements
• Pavement Resurfacing
• Drainage, Culverts, Basins
• Grading
• Sewer Pipelines and Lift Stations
• Parks and Trails
• Public Bidding Phase Support
• Submittal Tracking and Reviews
• Construction Staking
• Contract Administration
• Coordination w/ Other Agencies & Utilities
• Construction Inspection
• Materials Testing Coordination
• Progress Meetings and Reporting
• Progress Payments
• Change Order Management
• Claims & Disputes Prevention / Mitigation
• Project Closeout
• On-call Services
Surveying,
Mapping, and
Right-of-Way
Engineering
• Any City Property, Project,
Improvements, or Municipal Services
• Ground Control
• Design Surveys
• Topographic Surveys
• Construction Staking
• Set Monuments
• Records and Lands Title Research
• Plats and Legal Descriptions for Right-ofWay and Easement Acquisitions • Acquisition Support
• On-Call Services
Water Resources
(Drainage)
• New and Rehabilitated Pipelines
• Storm Drainage Retention Facilities
• Box Culverts, Headwalls
• Drainage Master Plan
• Erosion Control
• Utility Condition Assessment and
Inspections
• Utility Master Planning
• Alignment Studies
• Hydrology/Hydraulic Analyses
• Coordination w/ Other Agencies & Utilities
• Preliminary Engineering
• Technical Studies and Reports
• Final Design PS&Es
• On-Call Services
Attachment 2

EXHIBIT B
Key Personnel and Subconsultants
Key Personnel
Name Title/Role Primary Duties
Sherman Low, PE Principal/Project Engineer
Designer, Spec Writer,
Support Services
Gilbert Neill, PE Staff Engineer Designer, Reviewer
Abel Plascencia (BSME) Engr/Survey Tech/CAD
Technical Assistance/CAD
Drafter
Colette Weber-Kitamura Administrative Assistant
Specs, Printing, Admin.

Support
Compensation
Compensation based on role/duties of work performed in accordance with Fee Schedule Subconsultants (if necessary)
Haro, Kasunich & Associates - Geotechnical, Soils
Watsonville, CA
Attachment 2

EXHIBIT C

FEE SCHEDULE
Task 1: Pavement Repair Project Engineering Design Services The fee for the Pavement Repair Project Engineering Design Services shall be billed on a time and materials basis and shall not exceed:

Task Cost
Field Mapping / Preliminary Engineering $4,000
30% Plan Submittal $4,500
90% Plan & Tech Spec Submittal $6,200
Final Plan, Technical Specifications, Bid Schedule, Engineer's Cost Estimate $17,700 Support services as needed during bid period and construction $6,000 TOTAL $38,400
Task 2: Mission Trail Nature Preserve Drainage Improvement Design Services The fee for the Mission Trail Nature Preserve Drainage Improvement Design Services shall be billed on a time and materials basis and shall not exceed:

Task Cost
Field Mapping / Preliminary Engineering $13,200
30% Plan Submittal $9,500
90% Plan & Tech Spec Submittal $10,900
Final Plan, Technical Specifications, Bid Schedule, Engineer's Cost Estimate $3,200 Support services as needed during bid period and construction $3,000 TOTAL $39,800
Task 3: On-Call Engineering Design Services
When the City requests a particular engineering design service task for which the on-call engineering consultant is retained, a project fee will be developed by the Consultant, utilizing the fee schedules for 2022, 2023 and 2024 as shown below, and will be negotiated between the City and Consultant for that specific task. On-call engineering design services shall not exceed $20,000 per year, subject to annual Operating Budget approvals by the City Council.

Attachment 2

EXHIBIT C

FEE SCHEDULE
We have listed the hourly rates charged for civil engineering services performed. Many services are provided at the hourly rate by professional and technical persons at the appropriate level for the difficulty, risk and experience required.

Hourly Rates for Staff Members
2022 RATES 2023 RATES 2024 RATES
Principal Engineer $199.00 per hr. $206.00 per hr. $215.00 per hr.

Project Engineer $188.00 per hr. $195.00 per hr. $203.00 per hr.

Staff Engineer/Surveyor $168.00 per hr. $174.00 per hr. $181.00 per hr.

Engineering Technician $139.00 per hr. $144.00 per hr. $149.00 per hr.

CADD Draftsperson $124.00 per hr. $129.00 per hr. $134.00 per hr.

Field Observer $132.00 per hr. $137.00 per hr. $142.00 per hr.

Administrative Assistant $93.00 per hr. $96.00 per hr. $99.00 per hr. 2-Man Field Survey Crew $256.00 per hr. $266.00 per hr. $276.00 per hr. 3-Man Field Survey Crew $320.00 per hr. $332.00 per hr. $345.00 per hr.

Blueprinting & Copying Cost + 10% Cost + 10% Cost + 10% Other Consultants Cost + 10% Cost + 10% Cost + 10%
Attachment 2

EXHIBIT D

PROJECT SCHEDULE
Task 1: Pavement Repair Project Engineering Design Services The schedule for the Pavement Repair Project Engineering Design Services is shown below. The schedule does not include time required for Public Works Department reviews, or any other City Department, Committee or Commission review period.

Task 2: Mission Trail Nature Preserve Drainage Improvement Design Services The schedule for the Mission Trail Nature Preserve Drainage Improvement Design Services is shown below, effective the date of the notice to proceed. The schedule does not include time required for Public Works Department reviews, or any other City Department, Committee or Commission review period.

Task 3: On-Call Engineering Design Services
When the City requests a particular engineering design service task for which the on-call engineering consultant is retained, a project schedule will be developed by the Consultant and negotiated between the City and Consultant for that specific task.

Field Mapping / Preliminary Engineering 6 days
30% Plan Submittal 7 days
90% Plan & Tech Spec Submittal 10 days
Final Plan, Technical Specifications,
Bid Schedule, Engineer's Cost Estimate 7 days
TOTAL 30 business days
Field Mapping / Preliminary Engineering 20 days
30% Plan Submittal 15 days
90% Plan & Tech Spec Submittal 20 days
Final Plan, Technical Specifications,
Bid Schedule, Engineer's Cost Estimate 5 days
TOTAL 60 business days
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Ashlee Wright, Director, Libraries & Community Activities APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Parking Enforcement Outside the City on Scenic Drive
RECOMMENDATION:

Receive and file report. Provide direction as needed.

BACKGROUND/SUMMARY:

On September 7, 2021, the City of Carmel-by-the-Sea City Council adopted resolution 2021-047 which authorized entering into an agreement with Monterey County for enforcmenet of parking laws on Scenic Road south of the City of Carmel-by-the-Sea to Carmelo Street at 17th Avenue.

During the September 7th Council meeting, staff were instructed to provide a report to City Council in 3 months.

Police staff reviewed Computer Assisted Dispatch (CAD) records for the period between September 2021 and January 18th, 2022. The results of this review includes:

One citizen call for assistance on Carmel Point for cars parked. An officer responded but no enforcement or citations resulted (Note: This call occurred on 9/5/21).

On four occasions, Officers proactively initiated contact for vehicles in the area (9/5/21, 10/14/21, 11/29/21, and 12/26/21).

No citations have been written for the entire span of time.

FISCAL IMPACT:

At this point, the fiscal impact for response to calls, Officer-initiated action, and occasional patrol is minimal—staff estimate is less than $500 for officer time and fuel used for this function.

PRIOR CITY COUNCIL ACTION:

Council approved resolution 2021-047.

ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-014 awarding a Professional Services Agreement to Winter & Company, for a not-to-exceed fee of $83,160, to provide consultant support for the ‘Design Traditions 2.0’ project to update the City’s Design Guidelines and Zoning Code
RECOMMENDATION:

Adopt Resolution 2022-014 awarding a Professional Services Agreement to Winter & Company, for a not-toexceed fee of $83,160, to provide consultant support for the ‘Design Traditions 2.0’ project to update the City’s Design Guidelines and Zoning Code.

BACKGROUND/SUMMARY:

It has been nearly 20 years since the City’s Residential and Commercial Design Guidelines were established through the ‘Design Traditions Project’. The guiding documents that were created by this project have served the City well, but they are in need of updating due to their age and the ever evolving nature of architecture and design. The consulting firm that successfully supported this effort 20 years ago is Winter & Company. In an effort to retain the knowledge that they gained of the Village from the first Design Traditions Project, staff seeks to once again partner with them. Over the last 20 years, Winter & Company has continued to be active in the field of planning and urban design by consulting nationwide to public agencies, downtown improvement committees and private property owners. Their staff are frequently featured as speakers at conferences and conventions, including the National Trust for Historic Preservation, the Western Planners Association, the American Planning Association and statewide preservation organizations. Additionally, the Company’s principal and owner, Noré Winter has agreed to be the project lead for the Design Traditions 2.0 project. Since Noré was the lead for the original Design Traditions Project, this will provide an even greater level of continuity for this update.

In addition to the Design Guidelines, this project will also include an update to the City’s Zoning Code. This is an important component of the project, since the Zoning Code and Design Guidelines are not mutually exclusive. Although it may add time and effort to the process, the final product will be much more cohesive and ultimately serve the Village better. Winter & Company will also assist with this part of the project.

Winter & Company’s scope of services are include in the PDA, but generally will be:

Scoping and review of existing regulations
Developing and assisting with public workshops
Preparing presentation materials
Developing work plan
Drafting updates to Zoning and Design Guidelines
Create illustrations and visual exhibits for final product Assist is preparation of adoption documents (Resolution, ordinance, etc.) Sole Source Contract
Pursuant to section 3.12.140 of the City's Purchasing Ordinance the competitive bidding process may be foregone if entering into a sole source contract would be in the best interest of the City. In this case, given the unique knowledge and experience of Winter & Company, a competitive bidding process was not appropriate/required for this procurement. Section 3.12.140 provides certain criteria a sole source contract, and requires that at least one of them is met. In this case, there are two criteria/exceptions that apply:

3.12.140.D: When a professional service, such as that available from an attorney, accountant, architect or specialized consultant, involves a specialized knowledge or personal skill.

Rationale: Winter & Co. possesses the specialized skill of having drafted and implemented the existing Design Guidelines and certain portions of the Zoning code approximately 20 years ago as part of the "Design Traditions Project". The same staff member that supported the city 20 years ago, Noré Winter, will be available for this project as well. This intimate knowledge makes them uniquely qualified due to the continuity of work that would be provided.

3.12.140.G: When specific used supplies, materials or equipment will best serve the City’s needs.

Rationale: In addition to the specialized skills better serving the City through a high quality product, utilizing Winter & Co. again will give the City access to information remaining in their files from 20 years ago that will not need to be replicated by a new consultant, therefore saving the City money in the overall project scope.

FISCAL IMPACT:

This project was partially funded as part of the FY2021-22 Capital Improvement Plan budget ($15,000). The remainder of the required funds to support this effort are part of the mid-year budget adjustment that is being presented as a separate item on the February 1st, 2022 City Council Agenda. Initially, the concept was to have a consultant provide minimal support to the update efforts, but upon further analysis, it was determined that more support was needed to ensure the desired quality of the final product.

PRIOR CITY COUNCIL ACTION:

Not applicable.

ATTACHMENTS:

Attachment 1 - Resolution 2022-014 Winter & Co. PSA
Attachment 2 - PSA with exhibits (Signed by Winter & Co.)

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WINTER & COMPANY, FOR A NOT-TO-EXCEED AMOUNT OF $83,160 TO SUPPORT UPDATES TO THE CITY’S DESIGN GUIDELINES AND ZONING CODE WHEREAS, the City’s Residential and Commercial Design Guidelines, in concert with the City’s Zoning code are key to maintaining the character and charm of Carmel-by-the-Sea; and WHEREAS, the City wishes to keep these guiding and regulatory documents current and relevant as to be the most beneficial to the City; and
WHEREAS, pursuant to section 3.12.140 of the City's Purchasing Ordinance the competitive bidding process may be foregone if entering into a sole source contract would be in the best interest of the City; and
WHEREAS, pursuant to 3.12.140.D, a project qualifies for sole source issuance when a professional service, such as that available from an attorney, accountant, architect or specialized consultant, involves a specialized knowledge or personal skill; and WHEREAS, Winter & Co. possesses the specialized skill of having drafted and implemented the existing Design Guidelines and certain portions of the Zoning code approximately 20 years ago as part of the "Design Traditions Project"; and WHEREAS, the same staff member that supported the city 20 years ago, Noré Winter, will be the lead for this project; and
WHEREAS, this intimate knowledge makes Winter & Company uniquely qualified due to the continuity of work that would be provided.

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

Authorize the City Administrator to execute a Professional Services Agreement with Winter & Company, for a not-to-exceed amount of $83,160, to support updating the City’s Design Guidelines and Zoning Code.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 1st day of February, 2022, by the following vote:

AYES:

NOES:

Attachment 1
ATTEST:

Resolution No. 2022-014

ABSENT:

ABSTAIN:

APPROVED:
_________________________
Dave Potter
Mayor
_________________________
Yashin Abbas
Interim City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for the
Design Traditions Project 2.0
THIS AGREEMENT is executed this ____ day of _____________, 20___, by and between the City of Carmel-By-The-Sea, a municipal corporation, (hereinafter "City"), and Winter & Company, (hereinafter "Consultant"), collectively referred to herein as the “parties”.

WHEREAS, the City wishes to engage Consultant to perform the services required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions; and
WHEREAS, Consultant represents that it is trained, experienced and competent and holds all necessary licenses and certifications to perform the services required by this Agreement.

NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties hereby covenant and agree as follows:

1. SERVICES
A. Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: Assist in the process of development, preparation and adoption of updates to the City’s Design Guidelines (residential and commercial) and Zoning Code. The Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement should include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto. Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement. ii. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit “B” [Key Personnel], which is made a part of this Agreement. iii. Consultant must make every reasonable effort to maintain the stability and continuity of Consultant’s key personnel and subcontractors, if any, listed in Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City’s written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.

Attachment 2
2 iv. Consultant must obtain City’s prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation. v. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.

In meeting its obligations under this Agreement, Consultant must employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. vi. City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. Acceptance of any of Consultant’s work by City will not constitute a waiver of any of the provisions of this Agreement. vii. The Consultant must maintain any work site in the City in a safe condition, free of hazards to persons and property resulting from its operations.

B. Change Orders.
i. Agreements and Change Orders exceeding $24,999 require City Council approval to be valid.
ii. The City may order changes to the Scope of Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Consultant will be adjusted accordingly.

All such changes must be authorized in writing, and executed by Consultant and City. The cost or credit to City resulting from changes in the services will be determined by the written agreement between the parties. However, any increase in compensation beyond the compensation limit amount approved by the City Council must be authorized in advance by the City Council and any service provided by Consultant in the absence of such approval are at Consultant’s sole risk.
iii. Consultant will not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in the Scope of Services or otherwise required by this Agreement, unless such additional services are authorized in advance and in writing by City. iv. If Consultant believes that additional services are needed to complete the Scope of Services, Consultant will provide the City Administrator with written notification describing the proposed additional services, the reasons for such services, and a detailed proposal regarding cost.

C. Familiarity with Services and Site.
i. By executing this Agreement, Consultant represents that Consultant:

Attachment 2
3 a. has thoroughly investigated and considered the Scope of Services to be performed; b. has carefully considered how the services should be performed; c. understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
d. possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
ii. If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.

Should Consultant discover any latent or unknown conditions that may materially affect the performance of services, Consultant will immediately inform District of such fact and will not proceed except at Consultant’s own risk until written instructions are received from City.

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Compensation & Fee Schedule (Exhibit “C”), in a total amount not-to-exceed Eighty-Three Thousand One Hundred and Sixty Dollars ($83,160.00).

Such compensation is the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

B. Invoicing. Consultant must submit to the City monthly written invoices to the City’s Project Representative, identified in Section 5 below. Invoices must be prepared in a form satisfactory to the City, describing the services rendered and associated costs for the period covered by the invoice. The City will provide invoicing format upon request. Consultant may not bill the City for duplicate services performed by more than one person. Consultant’s invoices must include, but are not limited to, the following information:
i. Project Title, the City’s Purchase Order number and City’s Project Code(s) for each project;
ii. Invoice number and date;
iii. A brief description of services performed for each project phase and/or task; iv. The budgeted amount for each phase, task and item, including the total amount, with the same for approved Change Orders, if any;
Attachment 2
4 v. Amount invoiced to date divided by the agreed total compensation, expressed as a percentage, with the same for approved Change Orders, if any; vi. The amount earned and invoiced to date for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; vii. The amount previously invoiced for each phase, task and/or item, including the total amount, with the same for approved Change Orders, if any; viii. The amount due for the period covered by this invoice for each phase, task, and/or item, including the total amount, with the same for approved Change Orders, if any; ix. For time and materials authorizations, the number of hours spent, by whom and their hourly rate for each phase, task and/or item, including the total amount; x. The costs incurred, including reimbursables, for each phase, task, and/or item for the agreed total compensation and approved Change Orders, if any, along with a brief description of those costs;
xi. The total amount due for the period covered by this invoice, including subconsultants and vendors of services or goods;
xii. Copies of subconsultant, vendor, and reimbursable invoices including hourly breakdowns when requested by City.
xiii. Copies of subconsultant and vendor lien releases.

Any such invoices must be in full accord with any and all applicable provisions of this Agreement.

Consultant must submit invoices to the City on or before the sixteenth (16th) day of each month for services performed in the preceding month.

The City will review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with this Agreement. In the event that no charges or expenses are disputed, the invoice will be approved and paid.

Except as to any charges for work performed or expenses incurred by Consultant that are disputed by City, the City will pay on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement. If any charges or expenses are disputed by City, the invoice will be returned by City to Consultant for correction and resubmission, and the City will not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. Payment to Consultant for services performed under this Agreement may not be deemed to waive any defects in the services performed by Consultant, even if such defects were known to City at the time of payment. City reserves the right to withhold future payment to Consultant if any aspect of the Consultant’s work is found to be non-conforming to the terms of this Agreement.

Attachment 2
5 The City is not obligated to pay Consultant a greater percentage of the Maximum Authorized Expenditure than the actual percentage of services completed as of the invoice date.

Consultant agrees to remit and is responsible for all withholding taxes, income taxes, unemployment insurance deductions, and any other deductions required by applicable federal, state or local laws and regulations for Consultant, its employees, subconsultants and vendors of services or goods.

C. Adjustment of Maximum Authorized Expenditure. The City may increase or decrease the Maximum Authorized Expenditure by issuing a Change Order to the Agreement in accordance with Section 1.B “Change Orders” above. Should Consultant consider that any request or instruction from the City’s Project Representative constitutes a change in the scope of services, Consultant will advise the City’s Project Representative, in writing, within fourteen (14) calendar days of such request or instruction. Without said written advice within the time period specified, the City is not obligated to make any payment of additional compensation to Consultant.

D. Hourly Rates. Payment for all authorized services, including payment for authorized on-call, asneeded services, will be made by the City to Consultant in accordance with the various hourly rates as set forth in the Consultant’s Compensation & Fee Schedule (Exhibit “C”).

E. Subconsultants and Vendors. Invoices for subconsultants and vendors of services or goods will be paid by the City to Consultant in accordance with the various rates as set forth in the Consultant’s Compensation & Fee Schedule (Exhibit “C”). All reimbursable expenses will be considered as included within the Maximum Authorized Expenditure. Consultant is solely responsible for payment to subconsultants and vendors of services or goods, and the City is not responsible or liable for any payments to subconsultants and vendors, either directly or indirectly.

F. Audit and Examination of Accounts:
i. Consultant must keep and will cause any assignee or subconsultant under this Agreement to keep accurate books of records and accounts, in accordance with sound accounting principles, which pertain to services to be performed under this Agreement. ii. Any audit conducted of books of records and accounts must be kept in accordance with generally accepted professional standards and guidelines for auditing. iii. Consultant must disclose and make available any and all information, reports, books of records or accounts pertaining to this Agreement to the City and any city of the County of Monterey, or other federal, state, regional or governmental agency which provides funding for these Services.
iv. Consultant must include the requirements of Section 2F, “Audit and Examination of Accounts”, in all contracts with assignees or subconsultants under this Agreement.

Attachment 2
6 v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence on February 2nd, 2022 and must be completed by December 31st, 2022, unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders)”, in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

B. Timely Work. Consultant will perform all Services in a timely fashion, as set forth more specifically in Section 3.A, “Term”, and Section 3.C, “Project Schedule”, of this Agreement.

Failure to perform is deemed a material breach of this Agreement, and the City may terminate this Agreement with no further liability hereunder, or may authorize, in writing, an extension of time to the Agreement.

C. Project Schedule. Services must be completed by Consultant in accordance with the Project Schedule set forth in Exhibit “C”. The parties may, from time to time, by Change Order, alter the Project Schedule. Consultant will provide the Services pursuant to the Project Schedule or any applicable Project Schedule Change Order. If at any time Consultant discovers that the Project Schedule cannot be met, Consultant must promptly notify the City in writing and provide a revised Project Schedule for review and consideration by City.

D. Notice to Proceed. Upon execution of this Agreement by both parties and the receipt of all documentation required by this Agreement to be provided by Consultant to the City, including proof of insurance and tax identification numbers, the City will issue a written Notice to Proceed to the Consultant. The City may, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Consultant will diligently proceed with the Services authorized and complete those Services within the agreed time specified in said notice. Consultant will not proceed with any of the Services unless they have received a Notice to Proceed from the City.

4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. Listed Employees and Subconsultants. Consultant will perform the Services using the individuals listed in the Key Employees and Subconsultants List attached hereto in Exhibit “B”.

B. Substitution of Employees or Subconsultants:
i. Consultant may not substitute any key employee or subconsultant listed in Exhibit “B” without the prior written approval of the City, and such approval will not be unreasonably withheld. The City will not approve removal or substitution of employees or subconsultants Attachment 2
7 for the reason that Consultant or its affiliates has called on such individuals to perform services for another client of the Consultant.
ii. If, at any time, the City reasonably objects to the performance, experience, qualifications or suitability of any of Consultant’s employees or subconsultants, then Consultant may, upon written request from the City, replace such employee or subconsultant. Consultant must, subject to scheduling and staffing considerations, make reasonable efforts to replace the individual with an individual of similar competency and experience. iii. Whether or not the City consents to, or requests a substitution of any employee or subconsultant of Consultant, the City will not be liable to pay additional compensation to Consultant for any replacement or substitution.

C. Sub-agreements with Subconsultants. Consultant will incorporate the terms and conditions of this Agreement into all sub-agreements with subconsultants in respect of the Services necessary to preserve all rights of the City under this Agreement. Consultant is fully responsible to the City of all acts and omissions of subconsultants and of persons employed by any subconsultant.

D. Not an Agent of the City. Nothing in this Agreement will be interpreted to render the City the agent, employer, or partner of Consultant, or the employer of anyone working for or subcontracted by Consultant, and Consultant must not do anything that would result in anyone working for or subcontracted by Consultant being considered an employee of the City.

Consultant is not, and must not claim to be, an agent of the City.

E. Independent Contractor:
i. Consultant is an independent contractor. This Agreement does not create the relationship of employer and employee, a partnership, or a joint venture. The City may not control or direct the details, means, methods or processes by which Consultant performs the Services.

Consultant is responsible for performance of the Services and may not delegate or assign any Services to any other person except as provided for in this Agreement. Consultant is solely liable for the work quality and conditions of any partners, employees and subconsultants.
ii. No offer or obligation of permanent employment with the City or particular City department or agency is intended in any manner, and Consultant may not become entitled by virtue of this Agreement to receive from the City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. Consultant will be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of Consultant’s performance of Services under this Agreement. Consultant will defend, indemnify and hold the City harmless from any and all liability, which the City may incur because of Consultant’s failure to pay such taxes.

Attachment 2
8 5. REPRESENTATIVES AND COMMUNICATIONS
A. City’s Project Representative. The City appoints the individual named below as the City’s Project Representative for the purposes of this Agreement (“City’s Project Representative”). The City may unilaterally change its project representative upon notice to Consultant.

Name: Brandon Swanson
Title: Director of Community Planning and Building
Address: PO Box CC, Carmel-by-the-Sea, CA, 93921
Telephone: 831-620-2024
Email: [email protected]
B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: Noré Winter
Title: Principal and Owner
Company: Winter & Company
Address: 3980 Broadway Street, Suite 103, PMB 140, Boulder, CO 80304 Telephone: 303-440-8445
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

D. Communications and Notices. All communications between the City and Consultant regarding this Agreement, including performance of Services, will be between the City’s Project Representative and Consultant’s Project Manager. Any notice, report, or other document that either party may be required or may wish to give to the other must be in writing and will be validly given to and received by the addressee, if delivered personally, on the date of such personal delivery, if delivered by email, on the date of transmission, or if by mail, seven (7) calendar days after posting.

6. INDEMNIFICATION
Consultant hereby agrees to the following indemnification clause:

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant will defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless the City and its officers, designated agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against claims, loss, cost, damage, injury expense and liability (including incidental and consequential damages, Court costs, Attachment 2
9 reasonable attorneys' fees as may be determined by the Court, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant or subcontractor, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee will not apply to the extent that such Liabilities are caused in part by the active negligence or willful misconduct of such Indemnitee.

Notwithstanding the provisions of the above paragraph, Consultant agrees to indemnify and hold harmless the City from and against all claims, demands, defense costs, liability, expense, or damages arising out of or in connection with damage to or loss of any property belonging to Consultant or Consultant's employees, subconsultants, representatives, patrons, guests or invitees.

In no event will the obligation of the Consultant exceed the limitations on the duty to defend and indemnify as set forth in Civil Code Sections 2782, 2782.6, and 2782.8.

7. INSURANCE
Consultant must submit and maintain in full force all insurance as described herein. Without altering or limiting Consultant's duty to indemnify, Consultant must maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

A. Commercial General Liability Insurance including but not limited to premises, personal injuries, bodily injuries, property damage, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

B. Professional Liability Insurance with limits of not less than $1,000,000 per occurrence or claim and $2,000,000 in the aggregate. Consultant will have a policy for professional liability coverage that provides coverage on an occurrence basis or obtain extended reporting (tail) coverage (with the same liability limits) for at least three years following the City's acceptance of the work.

C. Automobile Liability Insurance covering all automobiles, including owned, leased, non-owned, and hired automobiles, used in providing Services under this Agreement, with a combined single limit of not less than $1,000,000 per occurrence.

D. Workers' Compensation Insurance. If Consultant employs others in the performance of this Agreement, Consultant must maintain Workers' Compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000 per occurrence.

E. Other Insurance Requirements:
i. All insurance required under this Agreement must be written by an insurance company either:
a. admitted to do business in California with a current A.M. Best rating of no less than A:VI; or
Attachment 2
10 b. an insurance company with a current A.M. Best rating of no less than A:VII.

Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
b. Provide that such Consultant’s insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Carmel-by-the-Sea is excess to the Consultant’s insurance and will not contribute with it.
c. Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.
d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.
vi. All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions (“SIR”) must be declared to and approved by the City. At the option of the City, either: the insured will reduce or eliminate such deductibles or SIR as respects the City, its officers, officials, employees and volunteers; or Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. In no event will any SIR or insurance policy contain language, whether Attachment 2
11 added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured, or by any means including other insurance, or which is intended to defeat the intent or protection of an additional insured.
vii. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. viii. Consultant must require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements in this Agreement. ix. If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement. x. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant’s indemnity obligations under this Agreement.

Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Consultant or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
xi. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies. xii. The Consultant hereby waives any right of subrogation that any of its insurers may have or that they may accrue out of the payment of any claim related to the Consultant’s performance of this Agreement, regardless of whether any endorsements required by this section are obtained.

8. PERFORMANCE STANDARDS
A. Consultant warrants that Consultant and Consultant’s agents, employees, and subconsultants performing Services under this Agreement are specially trained, experienced, and competent and have the degree of specialized expertise contemplated within California Government Code Section 37103, and further, are appropriately licensed to perform the work and deliver the Services required under this Agreement.

B. Consultant, its agents, employees, and subconsultants must perform all Services in a safe and skillful manner consistent with the usual and customary standards of care, diligence and skill Attachment 2
12 ordinarily exercised by professional consultants in similar fields in accordance with sound professional practices. All work product of Consultant must comply with all applicable laws, rules, regulations, ordinances and codes. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and will advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. All Services performed under this Agreement that are required by law to be performed or supervised by licensed personnel must be performed in accordance with such licensing requirements.

C. Consultant must furnish, at its own expense, all materials, equipment and personnel necessary to carry out the terms of this Agreement. Consultant may not use the City premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

D. Consultant agrees to perform all work under this Agreement to the satisfaction of City and as specified herein. The City’s Project Representative or his or her designee will evaluate the work.

If the quality of work is not satisfactory, City in its discretion may meet with Consultant to review the quality of work and resolve the matters of concern, and may require Consultant to repeat the work at no additional fee until it is satisfactory.

9. CITY INFORMATION AND RESOURCES
A. Available Information. The City will make available to Consultant all relevant information, plans, maps, reports, specifications, standards and pertinent data which is in the hands of the City and is required by Consultant to perform the Services. Consultant may rely upon the accuracy and completeness of such information and data furnished by the City, except where it is stated otherwise or unreasonable.

B. City Resources. The City acknowledges that Consultant’s ability to provide the Services in accordance with this Agreement may be dependent on the City providing available information and resources in a prompt and timely manner as reasonably required by Consultant. To the extent that the City fails to provide City resources, Consultant will not be liable for any resulting delay in the Services or failure to meet the Project Schedule, but in no event will such delay or failure to provide City resources constitute a breach of this Agreement by the City, nor will Consultant be entitled to extra compensation for same. Consultant’s sole remedy shall be an extension of time to complete the Scope of Services.

C. Obligations of Consultant. No reviews, approvals, or inspections carried out or supplied by the City will derogate from the duties and obligations of Consultant, and all responsibility related to performance of the Services will be and remain with Consultant.

10. OWNERSHIP AND USE OF MATERIALS
A. Ownership of the Materials. All data, studies, reports, calculations, field notes, sketches, designs, drawings, plans, specifications, cost estimates, manuals, correspondence, agendas, minutes, notes, audio-visual materials, photographs, models, software data, computer software (if purchased on the City’s behalf) and other documents or products produced by Consultant under this Agreement (collectively, “the Materials”) are and will remain the property of the City even though Consultant or another party may have physical possession of them or a portion Attachment 2
13 thereof. Consultant hereby waives, in favor of the City, any moral rights Consultant, its employees, subconsultants, vendors, successors or assignees may have in the Materials.

B. No Patent or Copyright Infringement. Consultant guarantees that in its creation of the Materials produced under this Agreement, no federal or state patent or copyright laws were violated.

Consultant agrees that all copyrights, which arise from creation of the work or Services pursuant to this Agreement, will be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Consultant covenants that it will defend, indemnify and hold City harmless from any claim or legal action brought against the City for alleged infringement of any patent or copyright related to City’s use of Materials produced by Consultant and its employees, agents and subconsultants under this Agreement.

C. Delivery and Use of the Materials. All Materials will be transferred and delivered by Consultant to the City without further compensation following the expiration or sooner termination of this Agreement, provided that the City may, at any time prior to the expiration or earlier termination of this Agreement, give written notice to Consultant requesting delivery by Consultant to the City of all or any part of the Materials in which event Consultant must forthwith comply with such request. The Materials created electronically must be submitted in a format and medium acceptable to the City. The Materials may be used by the City in any manner for the intended purpose or as part of its operations associated with the Materials.

D. Survival of Ownership and Use Provisions. The provisions contained in Section 10, Ownership and Use of Materials survives the expiration or earlier termination of this Agreement, and that this Section is severable for such purpose.

E. Additional Copies. If the City requires additional copies of reports, or any other material that Consultant is required to furnish as part of the Services under this Agreement, Consultant must provide such additional copies, and the City will compensate Consultant for the actual costs related to the production of such copies by Consultant.

11. CONFIDENTIALITY
A. No Disclosure. Consultant must keep confidential and may not disclose, publish or release any information, data, or confidential information of the City to any person other than representatives of the City duly designated for that purpose in writing by the City. Consultant may not use for Consultant’s own purposes, or for any purpose other than those of the City, any information, data, or confidential information Consultant may acquire as a result of the performance of the Services under this Agreement. Consultant must promptly transmit to the City any and all requests for disclosure of any such confidential information or records. The obligations under this Section will survive the expiration or earlier termination of this Agreement.

B. California Public Records Act. Consultant acknowledges that the City is subject to the California Public Records Act (Government Code Section 6250 et seq.), known as the “PRA”, and agrees to any disclosure of information by the City as required by law. Consultant further acknowledges that it may have access to personal information as defined under the PRA, and Consultant will not use any such personal information for any purposes other than for the performance of Services under this Agreement without the advance written approval of the City.

Attachment 2
14 All Scopes of Services and related documents received will be public records, with the exception of those elements, identified by the Consultant as business trade secrets and are plainly marked “Trade Secret”, “Confidential” or “Proprietary”. If disclosure is required under the PRA or otherwise by law, the City will not be liable or responsible for the disclosure of any such records and the Consultant will indemnify, defend, and hold the City harmless for any such disclosure.

12. CONFLICT OF INTEREST
Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City relating to this Agreement or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 and following) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.), and California Government Code section 1090.

In addition, Consultant, Consultant’s employees, and subconsultants agree as follows:

A. That they will conduct their duties related to this Agreement with impartiality, and must, if they exercise discretionary authority over others in the course of those duties, disqualify themselves from dealing with anyone with whom a relationship between them could bring the impartiality of Consultant or its employees into question;
B. May not influence, seek to influence, or otherwise take part in a decision of the City knowing that the decision may further their private interests;
C. May not accept any commission, discount, allowance, payment, gift, or other benefit connected, directly or indirectly, with the performance of Services related to this Agreement, that causes, or would appear to cause, a conflict of interest;
D. May have no financial interest in the business of a third party that causes, or would appear to cause, a conflict of interest in connection with the performance of the Services related to this Agreement, and if such financial interest is acquired during the term of this Agreement, Consultant must promptly declare it to the City, and;
E. May not, during the term of this Agreement, perform a service for, or provide advice to, any person, firm, or corporation, which gives rise to a conflict of interest between the obligations of Consultant under this Agreement and the obligations of Consultant to such other person, firm or corporation.

Attachment 2
15 13. DISPUTE RESOLUTION
A. Dispute Resolution Procedures. The parties will make reasonable efforts to promptly resolve any dispute, claim, or controversy arising out of or related to this Agreement (“Dispute”) using the Dispute Resolution Procedures set forth in this Section.

B. Negotiations. First, the City’s Project Representative and Consultant’s Project Manager will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid, and timely disclosure of all relevant facts, information, and documents to facilitate negotiations. Should these negotiations be unsuccessful in resolving the Dispute, the matter will be promptly referred to the City Administrator or designee, and the Consultant’s Principal, who will meet and confer, in good faith, to resolve the Dispute to mutual satisfaction of the parties.

C. Mediation. If all or any portion of a Dispute cannot be resolved by good faith negotiations as set forth above within thirty (30) days of the date that the matter was referred to the City Administrator pursuant to subsection B above, either party may, by notice to the other party, submit the Dispute for formal mediation to a mediator selected mutually by the parties from the Monterey Superior Court’s Court-Directed Mediator Panel list. The duration of any such mediation may not exceed 2 hours unless otherwise agreed to by the parties. The cost of the mediation (including fees of mediators) will be borne equally by the parties, and each party will bear its own costs of participating in mediation. The mediation will take place within or in close proximity to the City of Carmel-by-the-Sea.

In any mediation conducted pursuant to this section, the provisions of California Evidence Code section 1152 will be applicable to limit the admissibility of evidence disclosed by the parties in the course of the mediation. In the event the parties are unsuccessful in resolving the dispute through the mediation process, then the parties agree that the dispute will be submitted to Binding Arbitration to a single Arbitrator in accordance with the existing Rules of Practice and Procedure of the Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.

D. Arbitration. The submission to Mediation and Arbitration in accordance with the requirements of this section of any and all agreements, differences, or controversies that may arise hereunder is made a condition precedent to the institution of any action or appeal at law or in equity with respect to the controversy involved. The award by the arbitrator will have the same force and effect and may be filed and entered, as a judgment of the Superior Court of the State of California and is subject to appellate review upon the same terms and conditions as the law permits for judgments of Superior Courts. A “Prevailing Party” will be determined in the Arbitration, and the prevailing party will be entitled to reasonable attorney’s fees and costs incurred, and accrued interest on any unpaid balance that may be due. Costs will include the cost of any expert employed in the preparation or presentation of any evidence. All costs incurred and reasonable attorney fees will be considered costs recoverable in that proceeding, and be included in any award.

14. TERMINATION OF AGREEMENT
A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any subconsultant defaults or fails to deliver the Attachment 2
16 Services in accordance with the terms and conditions of this Agreement. Such termination must be in writing, setting forth the effective date of termination, and will not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any subconsultant:
i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services;
iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions; v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

B. Termination for Convenience. The City may, at its option and sole discretion, terminate this Agreement, in whole or in part, with or without cause, at any time during the Agreement Term for the convenience of the City, upon ten (10) days written notice to the Consultant.

C. Steps after Termination:
i. Upon termination of this Agreement by the City for any reason, the City will pay Consultant for satisfactorily performed Services and disbursements incurred by Consultant to the date of termination pursuant to this Agreement, less any amounts necessary to compensate the City for damages or costs incurred by the City arising from Consultant’s default. Termination will be without prejudice to any other rights or remedies the City may have.
ii. Upon receipt of written notice of termination of this Agreement by the City for any reason, Consultant must:
a. Promptly cease all Services, including Services provided by any subconsultant, unless otherwise directed by the City; and
b. Deliver to the City all the Materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such Materials are to be delivered to the City in completed form; however, notwithstanding the provisions of Section 10, Ownership and Use of Materials, herein, the City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such Materials.

Attachment 2
17 iii. If this Agreement is terminated by the City for any reason, the City is hereby expressly permitted to assume the projects and Services, and to complete them by any means including, but not limited to, an agreement with another party.

15. LEGAL ACTION / VENUE
A. Should either party to this Agreement bring legal action against the other, the validity, interpretation and performance of this Agreement will be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

B. Venue for any such action relating to this Agreement will be in Monterey County.

C. If any legal action or proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party may recover reasonable attorneys’ fees as may be determined by the Arbitrator, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

16. MISCELLANEOUS PROVISIONS
A. Non-discrimination. During the performance of this Agreement, Consultant, and its subconsultants, may not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, or sexual orientation, either in Consultant’s employment practices or in the furnishing of services to recipients. Consultant further acknowledges that harassment in the workplace is not permitted in any form, and will take all necessary actions to prevent such conduct.

B. Acceptance of Services Not a Release. Acceptance by the City of the Services to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the Services performed.

C. Force Majeure. Either party is absolved from its obligation under this Agreement when and to the extent that performance is delayed or prevented, and in the City’s case, when and to the extent that its need for vehicles, materials, or Services to be supplied hereunder are reduced or eliminated by any course, except financial, for reasons beyond its control. Such reasons include, but are not limited to: earthquake, flood, epidemic, fire, explosion, war, civil disorder, act of God or of the public enemy, act of federal, state or local government, or delay in transportation to the extent that they are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

D. Headings. The headings do not govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement. The headings are for convenience only.

E. Entire Agreement. This Agreement, including the Exhibits attached hereto, constitutes the entire agreement between the parties hereto with respect to the terms, conditions, and Services and supersedes any and all prior proposals, understandings, communications, representations Attachment 2
18 and agreements, whether oral or written, relating to the subject matter thereof pursuant to Section 1B, “Change Order of Services”. Any Change Order to this Agreement will be effective only if it is in writing signed by both parties hereto and will prevail over any other provision of this Agreement in the event of inconsistency between them.

F. Conflict between Agreement and Exhibits. In the event of a conflict between a provision in this Agreement and a provision in an Exhibit attached to this Agreement, the provisions in this Agreement will take precedence.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, and may be signed in counterparts, but all of which together will constitute one and the same Agreement.

H. Multiple Copies of Agreement. Multiple copies of this Agreement may be executed, but the parties agree that the Agreement on file in the office of the City’s City Clerk is the version of the Agreement that governs should any difference exist among counterparts of this Agreement.

I. Authority. Any individual executing this Agreement on behalf of the City or Consultant represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

J. Severability. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.

Limitations of liability and indemnities will survive termination of the Agreement for any cause.

If a part of the Agreement is valid, all valid parts that are severable from the invalid part remain in effect. If a part of this Agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

K. Non-exclusive Agreement. This Agreement is non-exclusive and both the City and Consultant expressly reserve the right to enter into agreements with other Consultants for the same or similar services, or may have its own employees perform the same or similar services.

L. Assignment of Interest. The duties under this Agreement are not assignable, delegable, or transferable without the prior written consent of the City. Any such purported assignment, delegation, or transfer constitutes a material breach of this Agreement upon which the City may terminate this Agreement and be entitled to damages.

M. Laws. Consultant agrees that in the performance of this Agreement it will comply with all applicable federal, state and local laws and regulations. This Agreement will be governed by and construed in accordance with the laws of the State of California and the City of Carmel-by-theSea.

Attachment 2
Attachment 2

EXHIBIT A
Attachment 2
Exhibit A: Scope of Services
Winter & Company
1 Carmel, CA – Design Traditions Project 2.0
Professional Services
January 26, 2022
Project Approach
This scope of services describes the steps for an update to the city’s design guidelines and zoning code as they apply to the downtown commercial core and central residential neighborhoods.

The scope is organized into a series of Steps, each of which has more specific tasks.

This scope of services assumes that work tasks are shared among the consultant and city planning staff.

The tasks are then organized into two Phases: The first phase is designed to confirm the scope of the amendments. It includes a review of existing conditions, startup meetings with staff and decision-makers as well as initial community engagement. The second Phase then focuses on producing the formal revisions to the code and guidelines.

Project Objectives:

To assist the community in updating:
• Residential design guidelines
• Commercial design guidelines
• Zoning code for the related zone districts
PHASE ONE: CONFIRMING THE SCOPE OF THE AMENDMENTS

1. Start-up and orientation
Objectives:

1. To establish a shared understanding of the expectations for the project

2. To establish a working relationship with staff and decision makers Format:

This steps includes a series of start-up meetings, all of which would be Virtual. These will be informal meetings, with a simple agenda of questions and a short Powerpoint presentation.

Tasks:

1. Conduct a retreat work session with staff to:
a. Develop an understanding of existing conditions
i. Review recent projects
Attachment 2
Exhibit A: Scope of Services
Winter & Company
2 ii. Review current regulations
b. Confirm steps in the project process
c. Build a team working relationship

2. Conduct an information meeting with the ad hoc citizen committee that is concerned about community character

3. Conduct a work session with the Planning Commission

4. Conduct a work session with the Preservation Commission (if appropriate)

5. Develop Powerpoint presentation as a project introduction

6. Write up summary of meetings

2. Assess existing conditions
This is a “technical” analysis, which includes a review of existing regulations and a tour of the project area.

Objectives:
• To establish a shared understanding of how current guidelines and standards shape development in the area.
• To establish an understanding of how change may (or may not) be influencing the character of the community.

Format:

These will be Virtual meetings conducted on-line.

Tasks:

1. Review existing character
a. Staff will assist in preparing images of the neighborhoods involved that illustrate the character of the area. This can be a virtual walking tour, or a Powerpoint presentation.
b. Consultants will join in a virtual meeting with staff to experience the tour.

2. Review recent development projects
a. Staff will assemble images of project documents of some recent projects for review and discussion.
b. Consultants will join in a virtual meeting with staff to experience the tour.

3. Develop computer models illustrating massing permitted under current zoning standards and design guidelines (with and without bonuses). a. These also can be used later in community outreach.
b. They also will serve later in the project as a base for modeling the impacts of potential changes that may be proposed.

4. Summarize findings in an illustrated memo.
a. This will be provided to inform public outreach and later discussions with decision makers.

Attachment 2
Exhibit A: Scope of Services
Winter & Company
3 3. Initial Community engagement
Objectives:

1. To provide participants the opportunity to help to define the design features that are valued in the designated areas of the city

2. To provide participants an opportunity to identify issues (focusing on design topics) that should be addressed in the updates
Processes:

This step focuses on a community workshop to gain public opinion. It will include hands-on activities and an online counterpart that invites participants to express their opinions. Noré Winter will be on site to facilitate the workshop. (Trip #1) Tasks:

1. Develop on-site workshop materials. This includes a “visual character” survey that includes images related to:
a. Identifying key features of the study areas that are valued by the community b. Identifying images of buildings (from Carmel and elsewhere) that would be appropriate
c. Computer models illustrating alternative massing scenarios for new buildings in different contexts

2. Conduct on-site community workshop #1

3. Prepare online workshop #1
a. This will adapt the hands-on materials for the virtual format.

4. Conduct online workshop #1

5. Analyze findings from the workshops

6. Write summary of findings

4. Develop a Strategy (Work Plan)
In this step outlines for changes to the standards and guidelines will be developed. These will include sufficient detail such that the community understands the nature of the revisions to be made. For example, where numbers are involved (such as FAR and height), those numbers will be shown. If necessary, some alternative choices for amendments to specific topics will be included.

Objectives:
• To describe in detail the changes that are to be made • This will serve as a policy document that decision makers will consider in providing direction for Phase Two of the project, in which the actual revisions are executed.

Tasks:

1. Define the level of detail that the amendments will have

2. Define the topics that will be addressed

3. Develop computer model illustrations of the potential effects of the proposed changes.

Attachment 2
Exhibit A: Scope of Services
Winter & Company
4 4. Write a strategy memo that describes the changes to be made.

5. Confirm the project direction
In this step, the team will review the Strategy (work plan) with the planning commission and the city council to receive their guidance on moving forward.

Objective:
• To gain formal direction from decision makers to move forward into Phase Two Tasks:

1. Prepare presentation summarizing the strategy report

2. Participate in virtual meeting with the Planning Commission

3. Participate in a virtual meeting with the City Council

4. Review recommendations with staff in a virtual conference meeting PHASE TWO: EXECUTING THE UPDATES

6. Develop Draft #1 the Updates to the design guidelines This Task includes updating the design guidelines documents for the downtown and the core residential areas. It will require re-formatting the existing design guidelines into InDesign desktop publishing software, using a standardized page design. (We have PDFs of all of the original residential documents from the Design Traditions Project, including the design guidelines and can extract the text, but will need to place it into InDesign. It was originally laid out in Pagemaker, the predecessor to InDesign, but we no longer have those files.) Objective:
• To prepare a working draft of the updates for review by the community and decision makers
Tasks:

1. Draft text, including edits as appropriate

2. Develop new illustrations for the guidelines
a. Some existing illustrations will be adapted, but new ones are also anticipated, particularly for the downtown design guidelines

3. Lay out the document in InDesign

7. Develop Draft #1 of the zoning amendments
This includes revisions to residential and commercial zone districts. We anticipate that staff will “control” the zoning document and will enter the revisions as needed. Winter & Company will provide staff with a redline markup of suggested edits. They also will provide new graphics to illustrate the code provisions.

Attachment 2
Exhibit A: Scope of Services
Winter & Company
5 Objective:
• To prepare a working draft of the updates for review by the community and decision makers
Tasks:

1. Draft zoning text changes

2. Develop illustrations

3. Mark up code for inserts

4. Staff inserts into code

8. Present the draft revisions to the community
In this step, the consultants will join staff on site to conduct a second community workshop, in which the draft revisions to the code and guidelines will be presented. It also includes a joint work session with the Planning Commission and City Council. This could occur on site, if the schedule permits, or could be online. (This is Trip #2.) Objectives:
• To keep the community informed of the progress of the project • To gain detailed direction from decision makers for potential revisions to the draft documents
Tasks:

1. Prepare presentation materials

2. Conduct on-site community meeting

3. Conduct online meeting

4. Conduct joint study session with PC and CC

5. Write summary of findings (other edits to make)

9. Develop draft #2 of the Design Guidelines
In this step, revisions will be made to prepare an adoption draft of the design guidelines.

Tasks:

1. Execute text revisions

2. Develop additional illustrations

3. Update the InDesign document

10. Develop Draft #2 of the zoning amendments
In this step, revisions will be made to prepare an adoption draft of the zoning code.

Tasks:

1. Revise zoning text

2. Develop additional illustrations

3. Staff inserts revisions into the code
Attachment 2
Exhibit A: Scope of Services
Winter & Company
6 11. Implementation
In this step, the revised documents would be adopted. Staff will lead this effort. The consultants will provide assistance and participate in the hearing (on line) if appropriate.

Tasks:

1. Prepare adoption hearing presentation materials

2. Participate in the planning commission hearing

3. Participate in the city council hearing
Attachment 2

EXHIBIT B
Attachment 2
Exhibit B: Key Personnel
Carmel, CA - Design Traditions Project 2.0
Noré Winter, Principal in Charge
Winter is an urban design and planning consultant with extensive experience nationwide. He focuses on design strategies that promote the distinctive characteristics of individual communities and neighborhoods while enhancing economic vitality, sustainability and heritage conservation.

Noré will direct the project and will serve as primary contact with the client. He also will lead public outreach tasks.

Julie Husband - Urban Designer
Julie Husband offers twenty-five years of experience in architecture, urban design and related fields. She has worked for Winter & Company for the past twenty years on master plans, design guidelines, design review, urban design and historic preservation, and architectural rehabilitation projects.

Julie will assist the Principal-in-Charge in drafting updates to the design guidelines and zoning code.

Christopher Ball - Graphics and Computer Modeling
Christopher Ball plays an integral role in the creation of graphic content for the company. He has a strong knowledge of 3D modeling, graphic software and architectural practices.

Chris will generate computer models to illustrate potential impacts of revised design guidelines and zoning standards. He also will assist in developing surveys and other outreach tools that may be generated for the project.

Betsy Shears – Administration and Desktop Publishing
Betsy has managed administrative tasks for all projects at Winter & Company and leads desktop publishing efforts.

Betsy will take the lead in desktop publishing for the Carmel design guidelines update.

Attachment 2

EXHIBIT C
Attachment 2
Winter Company

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A B C D E F G H
Exhibit C: Fee Schedule
Carmel, CA - Design Traditions Project 2.0
26-Jan-22
(Note that the individually numbered tasks do
NOT align with specific staff members.) Tasks are generally in chronological order, but not in every case Step 1: Start-up & Orientation Personnel Hours Rate Amount Task Total

1.1 Virtual work session with staff • Principal (N Winter) 10 $185 $1,850.00

1.2 Virtual meeting with citizen group • Urban Designer 2 $125 $250.00

1.3 Virtual meetings with planning commission • Admin/Desktop publisher 4 $90 $360.00

1.4 Virtual meeting with preservation commission? • Graphic designer (Sketchup) 0 $75 $0.00

1.5 Develop Powerpoint presentations

1.6 Write up meetings summary in a memo
Step 1 FEES $2,460.00

EXPENSES
(No trip in this step) Unit cost Quantity Sub-total Amount Technical/Printing $100 LS $0
Step 1 EXPENSES $0.00
TOTAL Step 1 $2,460.00
Step 2: Assess Existing Conditions Personnel Hours Rate Amount

2.1 Review existing character (virtual site tour)

2.2 Review recent development projects • Principal (N Winter) 10 $185 $1,850.00

2.3 Develop computer models illustrating massing
permitted • Urban Designer 4 $125 $500.00

2.4 Summarize findings in a memo • Admin/Desktop publisher 8 $90 $720.00 • Graphic designer (Sketchup) 12 $75 $900.00
Step 2 FEES $3,970.00

EXPENSES
(No travel this step) Unit cost Quantity Sub-total Amount Travel expenses
Airfare $450 - $0
Ground transportation (car rental, taxis) $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 1 $100
Step 2 EXPENSES $100.00
TOTAL Step 2 $4,070.00
Step 3: Initial Community Engagement (Trip #1) Personnel Hours Rate Amount (4 days travel)

3.1 Develop on-site workshop materials

3.2 Conduct on-site workshop • Principal (N Winter) 60 $185 $11,100.00

3.3 Prepare online workshop • Urban Designer 30 $125 $3,750.00

3.4 Conduct online workshop • Admin/Desktop publisher 20 $90 $1,800.00

3.5 Analyze workshop findings • Graphic designer (Sketchup) 20 $75 $1,500.00

3.6 Write summary of findings
Step 3 FEES $18,150.00
Attachment 2
Winter Company

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95 A B C D E F G H

EXPENSES
Trip #1; 4 days travel Unit cost Quant'y Sub-total Amount Travel expenses (Trip #1)
Airfare $450 1 $450
Ground transportation $500 1 $500
Accommodations $250 3 $750
Meals $85 3 $255
Technical/Printing $100 1 $100
Step 3 EXPENSES $2,055.00
TOTAL Step 3 $20,205.00
Step 4: Develop the Strategy for the revisions Personnel Hours Rate Amount

4.1 Define level of detail for amendments

4.2 Define topics to address • Principal (N Winter) 16 $185 $2,960.00

4.3 Model results of alternatives (Sketchup) • Urban Designer 10 $125 $1,250.00

4.4 Write strategy memo • Admin/Desktop publisher 10 $90 $900.00 • Graphic designer (Sketchup) 20 $75 $1,500.00
Step 4 FEES $6,610.00

EXPENSES
Unit cost Quantity Sub-total Amount
Travel expenses
Airfare (No travel this step) $450 - $0
Ground transportation $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 1 $100
Step 4 EXPENSES $100.00
TOTAL Step 4 $6,710.00
Step 5. Confirm the project direction Personnel Hours Rate Amount

5.1 Prepare presentation materials

5.2 Meet with Planning Commission (virtual) • Principal (N Winter) 8 $185 $1,480.00

5.3 Meet with City Council (virtual) • Urban Designer 8 $125 $1,000.00

5.4 Review recommendations with staff • Admin/Desktop publisher 4 $90 $360.00 • Graphic designer (Sketchup) 0 $75 $0.00
Step 5 FEES $2,840.00

EXPENSES
(No travel this step) Unit cost Quantity Sub-total Amount Travel expenses
Airfare $450 - $0
Ground transportation $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 - $0
Step 5 EXPENSES $0.00
TOTAL Step 5 $2,840.00
Subtotal, Phase 1 $36,285.00
Attachment 2
Winter Company

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A B C D E F G H
Step 6: Develop draft #1 of the Design Guidelines Personnel Hours Rate Amount

6.1 Draft the text • Principal (N Winter) 20 $185 $3,700.00

6.2 Develop illustrations • Urban Designer 30 $125 $3,750.00

6.3 Lay out in InDesign • Admin/Desktop publisher 40 $90 $3,600.00 • Graphic designer (Sketchup) 20 $75 $1,500.00
Step 6 FEES $12,550.00

EXPENSES
Unit cost Quantity Sub-total Amount
Travel expenses
Airfare $450 - $0
Ground transportation $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 1 $100
Step 6 EXPENSES $100.00
TOTAL Step 6 $12,650.00
Step 7: Develop Draft #1 of the zoning amendments Personnel Hours Rate Amount

7.1 Draft zoning text changes • Principal (N Winter) 20 $185 $3,700.00

7.2 Develop illustrations • Urban Designer 10 $125 $1,250.00

7.3 Mark up the code for inserts • Admin/Desktop publisher 10 $90 $900.00

7.4 Staff inserts revisions into code document • Graphic designer (Sketchup) 20 $75 $1,500.00 Step 7 FEES $7,350.00

EXPENSES
(No travel this step.) Unit cost Quantity Sub-total Amount Travel expenses
Airfare $450 - $0
Ground transportation $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 1 $100
Step 7 EXPENSES $100.00
TOTAL Step 7 $7,450.00
Step 8: Present the drafts to the community (Trip #2) Personnel Hours Rate Amount (Trip #2; 4 days travel)

8.1 Develop presentations & feedback materials

8.2 Conduct commmunity workshop (on-site and
online) • Principal (N Winter) 50 $185 $9,250.00

8.3 Conduct online workshop • Urban Designer 20 $125 $2,500.00

8.4 Joint study session with PC and CC • Admin/Desktop publisher 10 $90 $900.00

8.5 Write summary of findings (edits to make) • Graphic designer (Sketchup) 10 $75 $750.00 Step 8 FEES $13,400.00

EXPENSES
Unit cost Quantity Sub-total Amount
Travel expenses (Trip #2)
Airfare $450 1 $450
Ground transportation $500 1 $500
Accommodations $250 3 $750
Attachment 2
Winter Company

145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194

A B C D E F G H
Meals $85 3 $255
Technical/Printing $100 1 $100
Step 8 EXPENSES $2,055.00
TOTAL Step 8 $15,455.00
Step 9: Develop draft #2 of the Design Guidelines Personnel Hours Rate Amount

9.1 Execute text revisions • Principal (N Winter) 10 $185 $1,850.00

9.2 Develop additional illustrations • Urban Designer 10 $125 $1,250.00

9.3 Update InDesign document • Admin/Desktop publisher 20 $90 $1,800.00 • Graphic designer (Sketchup) 10 $75 $750.00
Step 9 FEES $5,650.00

EXPENSES
Unit cost Quantity Sub-total Amount
Travel expenses
Airfare $450 - $0
Ground transportation $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 1 $100
Step 9 EXPENSES $100.00
TOTAL Step 9 $5,750.00
Step 10: Develop Draft #2 of the zoning amendments Personnel Hours Rate Amount

10.1 Revise zoning text • Principal (N Winter) 8 $185 $1,480.00

10.2 Develop additional illustrations • Urban Designer 4 $125 $500.00

10.3 Staff inserts revisions into code • Admin/Desktop publisher 10 $90 $900.00 • Graphic designer (Sketchup) 10 $75 $750.00
Step 10 FEES $3,630.00

EXPENSES
(No travel this step) Unit cost Quantity Sub-total Amount Travel expenses
Airfare $450 - $0
Ground transportation $500 - $0
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $100 1 $100
Step 10 EXPENSES $100.00
TOTAL Step 10 $3,730.00
Step 11: Implementation (Adoption) Personnel Hours Rate Amount

11.1 Prepare presentations • Principal (N Winter) 8 $185 $1,480.00

11.2 Planning commission hearing (virtual) • Urban Designer 0 $125 $0.00

11.3 City Council hearing (virtual) • Admin/Desktop publisher 4 $90 $360.00 • Graphic designer (Sketchup) 0 $75 $0.00
Step 11 FEES $1,840.00

EXPENSES
(No travel this step) Unit cost Qty. Sub-total Amount
Travel expenses
Airfare $450 - $0
Ground transportation $500 - $0
Attachment 2
Winter Company

195
196
197
198
199
200
201
202

A B C D E F G H
Accommodations $250 - $0
Meals $85 - $0
Technical/Printing $0 - $0
Step 11 EXPENSES $0.00
TOTAL Step 11 $1,840.00
TOTAL PROJECT COSTS $83,160.00
Attachment 2

EXHIBIT D
Attachment 2
Exhibit D: Project Schedule Winter Company

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 A B C
Carmel, CA Design Traditions Project 2.0
Schedule updated: 1/26/2022
Step 1: Start-up & Orientation Date completed by:

Contract signed
Authorization to proceed February 11, 2022

1.1 Virtual work session with staff

1.2 Virtual meeting with citizen group

1.3 Virtual meetings with planning commission

1.4 Virtual meeting with preservation commission?

1.5 Develop Powerpoint presentations

1.6 Write up meetings summary in a memo February 28, 2022 Step 2: Assess Existing Conditions

2.1 Review existing character (virtual site tour)

2.2 Review recent development projects

2.3 Develop computer models illustrating massing permitted

2.4 Summarize findings in a memo March 31, 2022
Step 3: Initial Community Engagement (Trip #1)

3.1 Develop on-site workshop materials

3.2 Conduct on-site workshop

3.3 Prepare online workshop

3.4 Conduct online workshop

3.5 Analyze workshop findings

3.6 Write summary of findings April 29, 2022
Step 4: Develop the Strategy for the revisions

4.1 Define level of detail for amendments

4.2 Define topics to address

4.3 Model results of alternatives (Sketchup)

4.4 Write strategy memo May 30, 2022
Step 5. Confirm the project direction

5.1 Prepare presentation materials

5.2 Meet with Planning Commission (virtual)

5.3 Meet with City Council (virtual)

5.4 Review recommendations with staff June 30, 2022
Attachment 2
Exhibit D: Project Schedule Winter Company

40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
A B C
Step 6: Develop draft #1 of the Design Guidelines

6.1 Draft the text

6.2 Develop illustrations

6.3 Lay out in InDesign July 29, 2022
Step 7: Develop Draft #1 of the zoning amendments

7.1 Draft zoning text changes

7.2 Develop illustrations

7.3 Mark up the code for inserts

7.4 Staff inserts revisions into code document July 29, 2022 Step 8: Present the drafts to the community (Trip #2)

8.1 Develop presentations & feedback materials

8.2 Conduct commmunity workshop (on-site and online)

8.3 Conduct online workshop

8.4 Joint study session with PC and CC

8.5 Write summary of findings (edits to make) August 30, 2022 Step 9: Develop draft #2 of the Design Guidelines

9.1 Execute text revisions

9.2 Develop additional illustrations

9.3 Update InDesign document October 16, 2022
Step 10: Develop Draft #2 of the zoning amendments

10.1 Revise zoning text

10.2 Develop additional illustrations

10.3 Staff inserts revisions into code October 16, 2022 Step 11: Implementation (Adoption)

11.1 Prepare presentations

11.2 Planning commission hearing (virtual)

11.3 City Council hearing (virtual) November 30, 2022
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robin Scattini, Finance Manager
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Fiscal Year 2021-2022 Mid-Year Budget Report and Resolution 2022-012 Approving FY 2021-2022 Adopted Budget Amendments
RECOMMENDATION:

Receive the Fiscal Year 2021-2022 mid-year budget report and adopt Resolution 2022-012 approving amendments to the FY2021-2022 adopted budget.

BACKGROUND/SUMMARY:

The purpose of this agenda item is to provide an update regarding the Fiscal Year 2021-2022 budget based upon the revenues received and expenses incurred through the second quarter (July 1- December 31, 2021) of the fiscal year. Overall, revenues are stronger than anticipated, especially transient occupancy taxes. Expenditures align with budget projections at this time. In addition, staff recommends Council approve budget amendments.

Revenue
The City's major three revenue sources are property taxes, sales and use taxes, and transient occupancy taxes. The City received its first tranche of property taxes in December 2021. Property taxes received to date total $4.4 million, which is 58% of the total budgeted property tax revenue. The State remits sales and use taxes on a quarterly basis. The State sales taxes received to date is for the July – September quarter plus an advance for the October – December quarter. A “true-up” payment for the October – December quarter will be received in late January (2022). The $1 million received in State Sales Tax thus far aligns with budget projections. Measure C, local sales tax, totals approximately $1.7 million. This also aligns with budget projections. Transient occupancy tax (TOT) revenue of approximately $3.5 million reflects remittance from the reporting period of July and October 2021. TOT is currently outpacing its budget target.

Revenue from Charges for Services totals approximately $1.15 million (54% of the budget) while Other Revenue (which includes Business License Renewals) totals approximately $2.1 million, or 58% of budget.

Both of these revenues categories align with budget projections.

Expenditures
The City’s largest expenditure category is salaries and benefits, which account for 44% of the Fiscal Year 2021-2022 Adopted Budget. For the period of July through December, the salaries and benefits expenditures, inclusive of the annual Worker’s Compensation insurance premium, total $4.8 million. These expenditures represent of 44% of the total budgeted salaries and benefits expenses and align with budget projections. The City paid the annual unfunded pension liability (UAL) payment of approximately $1.8 million in July and will be making the $1 million payment to the Sec 115 trust in February 2022. Services and supplies expenditures total $3.9 million, or 46% of the budget. Debt service payments are on track with the budget as well. Capital expenses currently reflect savings in spending due to timing. The main expenditures thus far have been incurred for the outfitting of a new police vehicle and the server reconfiguration project. Worker Comp claims expenditures are far below budgeted expenditures. This is an expenditure category for which it is beneficial to expend below budget.

Budget Amendments
Salaries/Benefits ($300,000): At its December 2021 meetings, Council adopted resolutions 2021-076 (Authorizing Changes to the Position Allocations Within the Fiscal Year 2021-2022 Adopted Budget) and 2021-077 (Adopting the At-Will Classifications Salary Plan Effective December 1, 2021). The proposed budget amendment puts the cost for these two resolutions into the appropriate budget line items.

There are two additional FTE’s requested to be added to the FY2021-2022 Authorized Position Schedule.

The first is a 1.0 FTE Administrative Analyst to work in the Administration Department. This FTE is per Council direction from the December 6, 2021 meeting. The second is that the Police Department requests to add a 1.0 FTE Limited Term Community Services Officer to the Police Department in order to provide improved levels of service to the community and to prepare for the Council priority to establish a paid parking program. The corresponding costs are included in the requested $300,000 salaries and benefits increase.

Services/Supplies ($208,500): As noted above, Services and Supplies expenditures are tracking on target. Some departments have identified additional Services and Supplies expenditures that were not captured in the original FY2021-22 Adopted and therefore the following budget amendment requests are made:
a. $66,000 for Recruiting Services (Human Resources): Due to the exponential increase in recruitment volume, the Human Resources Department is temporarily utilizing the services of contracted recruiters. In addition, the production of a video encouraging employment with the City is underway.
b. $68,000 for Contract Services (Community Planning & Building): Contracted services will be used for updating the design guidelines and zoning codes. Revenue from the parklet rental fees is recommended as the funding source since having updated design guidelines and zoning codes will contribute to the long-term beautification of the City. c. $25,000 for Safety Equipment & Supplies (Police): The Police Department’s tasers were upgraded.
d. $24,500 for Contract Services (Police): The Police Department’s firing range will be cleaned by contracted services.
e. $25,000 for Contract Services (Public Work-Environmental Compliance): The Public Works Environmental Compliance department utilizes contractors and consultants to help the City comply with SB1383, complete required environmental sampling and conduct greenhouse gas analysis.

Additional funds are requested to pay for forthcoming invoices. Unanticipated revenue received from the change in control of Green Waste Recovery (GWR) is recommended as the funding source.

Revenue: The Revenue budget amendments are as follows:
a. $ 28,642 Received for change in control of GWR. Will be used to offset costs of Environmental Compliance contracts.
b. $257,886 Parklet rental fees not yet brought into the budget. Will be partially used to offset cost of updating design guidelines and zoning codes. As additional uses are identified, they will be brought to Council. c. $411,858 Increase projected Property Tax revenue. Will be used to offset costs of remaining budget expense amendments.
d. $ 97,167 American Rescue Plan Act (ARPA) funds received more than budget. This brings the revenue budget line item in balance with the amount actually received. Council will be given a presentation on recommended uses.
e. $ 50,000 Donation to be applied towards purchase of a new ambulance.

FISCAL IMPACT:

The proposed expense budget amendments increase the Fiscal Year 2021-2022 Adopted Budget expenses by $508,500. Staff recommends adjusting the projected Property Tax revenue upward to fund the majority of the additional expenses. Unanticipated revenue from parklet rental fees fund the cost of updating the design guidelines and zoning codes. Unanticipated revenue received from the change in control of Green Waste Recovery (GWR) is recommended as the funding source for the Environmental Compliance contracts.

PRIOR CITY COUNCIL ACTION:

On June 8, 2021, Council approved Resolution 2021-033 Adopting the FY21-22 Annual Operating and Capital budget.

ATTACHMENTS:

Attachment 1: Resolution 2022-012 Approving FY 2021-22 Adopted Budget Amendments Exhibit A FY2021-2022 Mid Year Budget Adjustments

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-012

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING MID-YEAR BUDGET AMENDMENTS TO THE FISCAL YEAR 2021-2022

ADOPTED BUDGET
WHEREAS, on June 8, 2021, Council approved Resolution 2021-033 adopting the FY21-22 Annual Operating and Capital budget; and
WHEREAS, after review of expenditures and revenues as of December 31, 2021; and WHEREAS, the City wishes to increase the budget for salaries and benefits, the use of contracted services, unanticipated expenses, and unanticipated revenue.

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

Approve budget amendments to the Fiscal Year 2021-2022 Adopted Budget as shown in Exhibit A.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 1st day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Yashin Abbas
Mayor Interim City Clerk
Attachment 1
Exhibit A – Page 1
General Ledger
Account and
Description
Purpose FY 2021-22
Adopted Budget
Adjustment
Amount
FY 2021-22
Amended
Budget
101-111-00-41001
General Fund
Expenditures
Administration: Salaries
Increase Salaries
for FTE and salary
range increases
$1,155,670 $93,555 $1,249,225
101-115-00-41001
General Fund
Expenditures
Community Planning &
Building: Salaries
Increase Salaries
for FTE and salary
range increases
$932,796 $16,400 $949,196
101-116-00-41001
General Fund
Expenditures
Police: Salaries
Increase Salaries
for FTE and salary
range increases
$619,434 $79,538 $698,972
101-119-40-41001
General Fund
Expenditures
Public Works:Salaries
Increase Salaries
for FTE and salary
range increases
$1,521,463 $71,230 $1,592,693
101-121-00-41001
General Fund
Expenditures
Community
Activities:Salaries
Increase Salaries
for FTE and salary
range increases
$42,000 $39,277 $81,277
101-111-13-42002
General Fund
Expenditures
Human
Resources:Recruiting
Services
Increase for
temporary use of
contracted
recruiting services
$18,385 $66,000 $84,385
Attachment 2
Exhibit A – Page 2
101-115-20-42001
General Fund
Expenditures Planning
& Building:Contract
Services
Increase for
contractor
updating design
guidelines and
zoning codes
$314,300 $68,000 $382,300
101-116-00-42104
General Fund
Expenditures Police:

Safety Equipment &
Supplies
Increase for
purchase of
updated tasers
$9,450 $25,000 $34,450
101-116-00-42001
General Fund
Expenditures Police:

Contract Services
Increase for
cleaning of firing
range
$268,800 $24,500 $293,300
101-119-43-42001
General Fund
Expenditures PW
Environmental
Compliance: Contract
Services
Increase for
contracted
services for
SB1383 and other
required
compliance
$264,765 $25,000 $289,765
101-000-00-32001
General Fund Revenue:

Gargage Franchise Fee
Increase Garbage
Franchise revenue
due to
unanticipated
revenue from
GWR change in
control
$352,241 $28,642 $380,883
101-000-00-33001
General Fund Revenue:

Parking Stall Use
Permit
Increase parking
stall permit
revenue due to
parklet rental fees
$17,500 $257,886 $275,386
101-000-00-31001
General Fund Revenue:

Property Taxes Secured
Increase Property
Taxes – Secured
budget
$7,003,336 $411,858 $7,415,194
101-000-00-35009
General Fund Revenue:

Other Revenue from
Other Government
Agencies
Increase ARPA
funds received
more than budget
$358,669 $97,167 $455,836
503-000-00-38020
Vehicle & Equipment
Revenue: Other
Miscellaneous
Increase revenue
for Manitou Fund
donation to be
applied towards
purchase of a new
ambulance
$175,000 $50,000 $225,000
Attachment 2
Exhibit A – Page 3
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Maxine Gullo, Assistant City Administrator SUBJECT: Resolution 2022-015 Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At-Will Employment Agreement Effective October 1, 2021 RECOMMENDATION:

Adopt Resolution 2022-015 Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At-Will Employment Agreement Effective October 1, 2021.

BACKGROUND/SUMMARY:

On February 2, 2016, the City entered into an Employment Agreement with Chip Rerig, to serve as the City Administrator with a base salary of $190,000. On March 1, 2018, the City Council approved a 3.5% meritbased salary adjustment to $196,500. The current base salary of Mr. Rerig is $196,650.

Attached to this Staff Report is a Resolution Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At-Will Employment Agreement Effective October 1, 2021. Attached as Exhibit A to this Resolution is a proposed Fifth Amendment to City Administrator At-Will Employment Agreement which includes a proposed salary increase to $216,650.

FISCAL IMPACT:

The proposed salary increase in the Fifth Amendment to the City Administrator At-Will Employment Agreement is 20,000.

PRIOR CITY COUNCIL ACTION:

Resolution No. 2016-012: Resolution authorizing the Mayor to execute an Employment Agreement between the City and Chip Rerig
Resolution No. 2017-088: Resolution approving a First Amendment to the City Administrator Employment Agreement
Resolution No. 2018-110: Resolution authorizing the Mayor to execute a Second Amendment to the City Administrator Employment Agreement.

Attachment 1
Resolution No. 2020-034: Authorizing the Mayor to Execute a Third Amendment to the City Administrator At-Will Employment Agreement Effective June 1, 2020
Resolution No. 2020-077: Authorizing the Mayor to Execute a Fourth Amendment to the City Administrator At-Will Employment Agreement Effective November 1, 2020 ATTACHMENTS:

Attachment 1: Resolution 2022-015 Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At-Will Employment Agreement
Attachment 2: Fifth Amendment City Administrator Employment Agreement Attachment 1
1 CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-015

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO THE CITY ADMINISTRATOR AT-WILL EMPLOYMENT AGREEMENT EFFECTIVE OCTOBER 1, 2021 WHEREAS, pursuant to Resolution No. 2016-012, the City of Carmel-by-the-Sea (“City”) and Chip Rerig executed an Employment Agreement (“Employment Agreement”) effective February 2, 2016 to provide City Administrator services to the City; and WHEREAS, pursuant to Resolution No. 2017-088, City and Chip Rerig executed a First Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2018-110, City and Chip Rerig executed a Second Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2020-034, City and Chip Rerig executed a Third Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2020-077 City and Chip Rerig executed a Fourth Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, the functions, duties and perogatives of the City Administrator are specified in the Carmel-by-the-Sea Municipal Code and the provisions of the City Municipal Code shall control should any conflict exist pertaining to either this Resolution or the Fifth Amendment that it authorizes; and WHEREAS, the City Administrator shall continue to serve at the pleasure of the City Council; and
WHEREAS, this action does not constitute a "project" as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; and
WHEREAS, the attached proposed Fifth Amendment to the Employment Agreement is presented to the City Council for approval;

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

Authorize a Fifth Amendment to the Employment Agreement as follows:

1. Effective October 1, 2021, City Administrator’s annual base salary of $196,650.00 shall be increased to $216,650.

Attachment 1
2 2 The Mayor is authorized and directed to execute a Fifth Amendment to the City Administrator At-Will Employment Agreement (Exhibit A) to this Resolution.

3. This Resolution shall take effect immediately following passage and adoption by the Carmel-bythe-Sea City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 1st day of February, 2022, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

SIGNED: ATTEST:

Dave Potter, Mayor Yashin Abbas, Interim City Clerk
Attachment 1
Attachment 1
Employee multiplied by 18 or (2) an amount equal to the monthly salary of City Administrator multiplied by the number of months left on the unexpired term of the Employment Agreement.

EXHIBIT A
b. Pursuant to Government Code sections 53243 and 53243.3, in the event City provides paid leave salary to City Administrator pending an investigation into City Administrator, the City Administrator shall fully reimburse City for any paid leave salary if City Administrator is convicted of a crime involving an abuse of his office or position. c. Pursuant to Government Code sections 53243.1 and 53243.3, in the event the City provides funds for City Administrator's legal criminal defense, the City Administrator shall fully reimburse City for any such funds if City Administrator is convicted of a crime involving an abuse of his office or position.
d. Pursuant to Government Code sections 53243.2 and 53243.3, in the event LAFCO provides City Administrator with a cash settlement related to City Administrator's termination, City Administrator shall fully reimburse City for any such cash settlement if City Administrator is convicted of a crime involving an abuse of his office or position. e. Pursuant to Government Code section 53243.4, an "abuse of office or position" means (a) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority, or (b) a crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

5. Except as specifically modified and amended in this Fifth Amendment, the Employment Agreement and First Amendment and Second Amendment and Third Amendment and the Fourth Amendment remain in full force and effect and binding upon the Parties.

IN WITNESS WHEREOF, the Parties have executed this Fifth Amendment.

CITY OF CARMEL-BY THE SEA
A Municipal Corporation
By:--------------
Dave Potter, Mayor Date
ATTEST:

By:--------------
Yashin Abbas, Interim City Clerk Date
By: _____________ _
Chip L. Rerig Date
City Administrator
2 Attachment 1
APPROVED AS TO FORM:

By: __________
Brian Pierik
City Attorney
Date
3 Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a Report on the Outdoor Seating Ad Hoc Committee survey results and provide direction regarding when and how the Planning Commission should begin work on a potential permanent outdoor seating program
RECOMMENDATION:

Receive a report on the Outdoor Seating Ad Hoc Committee survey results and provide direction regarding when and how the Planning Commission should begin work on a potential permanent outdoor seating program.

BACKGROUND/SUMMARY:

Executive summary:

This report is intended to:

1. Provide the Council with information related to the Outdoor Seating Ad Hoc Committee’s public survey results and their recommendation to the Planning Commission.

2. Seek Council direction regarding when the Planning Commission should begin work on developing a permanent outdoor seating program, and how the Commission should approach the process (i.e.:
what are the “guardrails” for the Commission).

Previous Council Meeting:

At the January 4, 2022 City Council meeting, as part of the direction to extend temporary parklets an additional 3-months, staff was asked to return at the February 1st meeting to discuss the potential future permanent outdoor program. Council expressed a desire to consider when the Planning Commission should begin work on development, and what the parameters or “guardrails” around the Commissions deliberations should be. Council also requested staff to bring back the Outdoor Seating Ad Hoc Committee’s survey and their recommendations, along with feedback from individual Councilmembers regarding issues needing to be addressed when considering a permanent program.

Outdoor Seating Ad-Hoc Committee:

The first public meeting of the “Outdoor Seating Ad-Hoc Committee” was February 8th, 2021, with several subsequent meetings taking place. The Committee’s goal was to create a dialogue with residents, business owners, and other local stakeholders to explore whether there is interest in a permanent outdoor seating program along City sidewalks after the temporary parklets have been removed. Conversations at the Ad-Hoc Committee centered around understanding some basic constraints that would need to be considered if a permanent program was pursued. The topics included but were not limited to:

Design
Safety
Relationship to Existing Outdoor Seating
Interest of Businesses to Participate
Impacts on Parking Availability
Permitting and General Plan Consistency
Fees
These broad topics were discussed amongst the Ad-Hoc Committee and members of the public who attended the meetings. The general sentiment among those in attendance was that if a program was pursued in the future, it would require the creation of clear regulations to ensure consistency with village character, public safety, and minimize impacts to traffic. The Committee recognized that if a permanent program was explored in the future upon direction from the Council, there is a great deal of regulatory work that would need to be done. This would include setting up fee structures, and processing updates to the City’s General Plan, Local Costal Plan, Zoning Code, and Design Guidelines.

After discussion of these areas of concern, a survey was created to gain input from as many members of the public as possible. The survey (Attachment 1) was crafted over the course of three Ad-Hoc meetings.

The Committee received feedback from residents, business owners, and other stakeholder groups like the Carmel Chamber of Commerce and Visit Carmel. The survey gathered feedback on the some of the largest and most complicated topics mentioned above. Upon review of the survey results (Attachment 2), the Ad Hoc Committee recommended that the City continue to pursue a permanent outdoor seating program in the future. Their recommendation, along with the survey results still need to go to the Planning Commission before the City Council makes a final decision about whether or not to pursue a permanent program, and if so, what it should look like.

Direction to Planning Commission:

When the City is ready to take the next step in considering a potential future permanent outdoor seating program, the Planning Commission will need to consider the Ad Hoc Committee’s survey results and recommendations at a public hearing. This public hearing would result in a recommendation from the Planning Commission to the City Council regarding whether or not a permanent outdoor seating program should be pursued, and what it might look like.

At the January 4, 2022 meeting, direction was given to agendize this item with the City Council prior to seeking consideration from the Planning Commission. Bringing the item to Council ahead of the Commission allows Council the opportunity to highlight areas of concern that the Planning Commission should focus on, and provide specific direction regarding the parameters of their review. Agendizing this item also provides the opportunity to provide direction regarding the priority level of developing a permanent outdoor seating program, and when the next phase should take place.

As discussed at the January meeting, Councilmembers were given the opportunity to forward individual lists of issues/concerns related to when and how to proceed with development of the program. These lists have been included as Attachment 3 to this staff report. Specific comments can be found in the attachments, but generally include consideration of things like:

Overall purpose/goal of a permanent outdoor seating program Design standards
Relationship to existing buildings, including historic
Impacts to sidewalks, parking and traffic
Permitting logistics and process
Ownership rights
Compliance with State and Federal laws (State Alcohol Board, ADA, etc.) Regulatory updates (General Plan, Zoning, Design Guidelines, LCP, etc.) Priority of program in relationship to other Strategic Priorities Consultant support for program development
Impacts to surrounding non-restaurant businesses
Direction:

After consideration of the information contained in this report, and discussion at the meeting, staff requests the following direction from Council regarding the next steps in development of a permanent outdoor seating program:

1. When should the Planning Commission consider the recommendation of the Outdoor Seating Ad Hoc Committee and the results of the public survey in order to provide feedback to Council?

2. What parameters or “guardrails” should be put on the Planning Commission’s consideration at this point in the process?

3. Other direction regarding next steps?
FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1 - Outdoor Seating Public Survey
Attachment 2 - Results from Outdoor Seating Public Survey Attachment 3 - City Councilmember Individual Considerations

City of Carmel-by-the-Sea
Survey on Sidewalk Seating/Dining in the Public Right of Way About this survey...

We are looking for feedback from the public about the possibility of an outdoor seating/dining program after the temporary parklets have been removed. For this survey, “sidewalk seating/dining” is a general term used for some kind of future permanent outdoor seating program along the sidewalk.

Some questions in this survey reference specific sidewalk seating types (see diagrams below). These include:
“Attached Seating” and “Detached Seating”:
- Permanently constructed areas outside of a business (railings, etc.) - Would require the sidewalk to be bumped out into an existing parking space to accommodate the addition.
“Bistro Table Seating”:
- Tables and chairs placed in the sidewalk area without permanent construction required
- No loss of a parking space.
- ADA compliant path of travel would need to be maintained along the sidewalk - Option may not be available in some areas of the city based on existing sidewalk widths.

Thank you very much for taking the time to participate in this survey, your thoughts are greatly appreciated! Completed surveys can be dropped off in person at City Hall by calling 620-2010 for an appointment, or can be mailed to PO Box CC, Carmel, CA, 93921 (Attn: Brandon Swanson).

Your Name (Optional - will be kept confidential):
_______________________________________
Email Address (if available)
_______________________________________
Date Completed:
_______________________________________
Attachment 1

1. Which of these categories best describes your affiliation with the City of Carmel-by-the-Sea? o Hotel business owner/operator (Resident)
o Hotel business owner/operator (Non-Resident)
o Restaurant business owner/operator (Resident)
o Restaurant business owner/operator (Non-Resident)
o Retail business owner/operator (Resident)
o Retail business owner/operator (Non-Resident)
o Wine tasting room owner/operator (Resident)
o Wine tasting room owner/operator (Non-Resident)
o Commercial property owner (Resident)
o Commercial property owner (Non-Resident)
o Employee of a local business (Resident)
o Employee of a local business (Non-Resident)
o Full-time resident only of Carmel-by-the-Sea (More than 6 months per year) o Part-time resident only of Carmel-by-the-Sea (Less than 6 months per year) o Non-Resident of Carmel-by-the-Sea
o Other: ________________________________________________________________

2. On a scale of 1-5, how consistent do you feel each of the following three sidewalk seating/dining types would be with the character of Carmel-by-the-Sea if allowed in the future? Attached Seating (See Diagram Below)
o 1 - Not at all consistent
o 2
o 3
o 4
o 5 - Fully Consistent
Attachment 1

Detached Seating (See Diagram Below)
o 1 - Not at all consistent
o 2
o 3
o 4
o 5 - Fully Consistent
Bistro Table Seating (See Diagram Below)
o 1 - Not at all consistent
o 2
o 3
o 4
o 5 - Fully Consistent
Attachment 1

3. If sidewalk seating/dining is allowed in the future, should there be a standard closure time for all? For example, if a restaurant’s Use Permit allows for an 11:00pm closure time indoors, should that restaurant have to close the outdoor seating area one hour earlier than the indoor dining room if there is a 10:00pm uniform closure?
o Yes
o No

4. If sidewalk seating/dining is allowed in the future, should the City charge some form of annual fee for those who receive a permit?
o Yes
o No

5. If sidewalk seating/dining is allowed in the future, should a business be limited to the area directly in front of their establishment (I.e.: store frontage only)? o Yes
o No

6. If sidewalk seating/dining is allowed in the future, should “specialty restaurants” (eg: coffee shop, bakery, ice cream shop, juice bar, etc.) be allowed to apply for a permit? o Yes
o No

7. If sidewalk seating/dining is allowed in the future, should wine tasting rooms be allowed to apply for a permit?
o Yes
o No

8. If sidewalk seating/dining is allowed in the future, should businesses with existing private outdoor space be allowed to apply for a sidewalk seating/dining permit? (Note: Currently there are approximately 32 restaurants that have private outdoor seating, with capacities ranging from 4 to 70 seats)
o Yes
o No

9. On a scale of 1-5, how concerned are you about the loss of parking in the downtown area if a permanent sidewalk seating/dining program was approved in the future? o 1 – Not at all concerned
o 2
o 3
o 4
o 5 - Very concerned
Attachment 1

10. If sidewalk seating/dining is allowed in the future, how do you think the program would impact EACH of the following areas in the city, with (-5) being most negatively, and (+5) being most positively? (Please circle your score for each area):
o Design/aesthetics of the city: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Parking: -5…-4…-3…-2…-1…0…1…2…3…4…5
o Public safety: -5…-4…-3…-2…-1…0…1…2…3…4…5
o Pedestrian traffic flow: -5…-4…-3…-2…-1…0…1…2…3…4…5
o Vehicular traffic flow: -5…-4…-3…-2…-1…0…1…2…3…4…5
o Noise/nuisance in the downtown area: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Appeal to visitors/marketability: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Desire for people to dine out at a restaurant: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Retail shopping experience: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Restaurant dining experience: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Wine tasting room experience: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Residential living experience: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Equity of economic development downtown: -5…-4…-3…-2…-1…0…1…2…3…4…5 o Other: -5…-4…-3…-2…-1…0…1…2…3…4…5
o Other: -5…-4…-3…-2…-1…0…1…2…3…4…5
o Other: -5…-4…-3…-2…-1…0…1…2…3…4…5

11. Please share any other thoughts you have regarding a possible future sidewalk seating/dining program in the public right of way (If you run out of space please continue on back of page):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Attachment 1
Outdoor Seating Ad-Hoc Committee
Survey Results
July 22, 2021
Carmel-by-the-Sea 1

CITY OF CARMEL-BY-THE-SEA
Carmel-by-the-Sea 2
Survey Overview
• How survey was conducted
• Online and also available hardcopy
• Active for 30 days
• Multiple outreach/marketing efforts to encourage participation • 1485 total responses
• Includes 2 submitted via paper copy
• 94 duplicates removed (same email address)
• 1391 adjusted total responses
• How survey is being reported
• Data calculated two ways for each question
• First chart for each question analyzed by specific respondent type • Second chart for each question analyzed by general respondent type • Additional data sorting possible if directed by Ad Hoc • Comments received as part of survey have been converted to a “word cloud” that illustrates the most frequently used words 3 Respondent Type
QUESTION 1 - Which category (SELECT ONE) best describes you? 4 Respondent Type
QUESTION 1 - Which category (SELECT ONE) best describes you? 5 Consistency With Character (Attached)
QUESTION 2a - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? 6 Consistency With Character (Attached)
QUESTION 2a - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? 7 Consistency With Character (Attached)
QUESTION 2a - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? Not Consistent……………………………………………………………………….….…………Very Consistent 20%
9%
15%
10%
47%
8 Consistency With Character (Detached)
QUESTION 2b - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? 9 Consistency With Character (Detached)
QUESTION 2b - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? 10 Consistency With Character (Detached)
QUESTION 2b - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? Not Consistent…………………………………………...…………………….…………Very Consistent 8%
23%
10%
13%
46%
11 Consistency With Character (Bistro)
QUESTION 2c - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? 12 Consistency With Character (Bistro)
QUESTION 2c - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? 13 Consistency With Character (Bistro)
QUESTION 2c - On a scale of 1-5, how consistent is the dining type with the character of Carmel-by-the-Sea if allowed in the future? Not Consistent……………………….……………………………………….…………Very Consistent 9%
22%
16%
14%
39%
14 Standard Closure Time
QUESTION 3 - If sidewalk seating/dining is allowed in the future, should there be a standard closure time for all?
15 Standard Closure Time
QUESTION 3 - If sidewalk seating/dining is allowed in the future, should there be a standard closure time for all?
16 Annual Fee
QUESTION 4 - If sidewalk seating/dining is allowed in the future, should the City charge some form of annual fee for those who receive a permit? 17 Annual Fee
QUESTION 4 - If sidewalk seating/dining is allowed in the future, should the City charge some form of annual fee for those who receive a permit? 18 Business Frontage
QUESTION 5 - If sidewalk seating/dining is allowed in the future, should a business be limited to the area in front of their establishment (I.e.: store frontage only)? 19 Business Frontage
QUESTION 5 - If sidewalk seating/dining is allowed in the future, should a business be limited to the area in front of their establishment (I.e.: store frontage only)? 20 Specialty Restaurants
QUESTION 6 - If sidewalk seating/dining is allowed in the future, should “specialty restaurants” (e.g.: coffee shop, bakery, etc.) be allowed to apply for a permit? 21 Specialty Restaurants
QUESTION 6 - If sidewalk seating/dining is allowed in the future, should “specialty restaurants” (e.g.: coffee shop, bakery, etc.) be allowed to apply for a permit? 78%
22%
22 Wine Tasting Shops
QUESTION 7 - If sidewalk seating/dining is allowed in the future, should wine tasting rooms be allowed to apply for a permit?
23 Wine Tasting Shops
QUESTION 7 - If sidewalk seating/dining is allowed in the future, should wine tasting rooms be allowed to apply for a permit?
69%
31%
24 Existing Space
QUESTION 8 - If sidewalk seating/dining is allowed in the future, should businesses with existing private outdoor space be allowed to apply for a permit? 25 Existing Space
QUESTION 8 - If sidewalk seating/dining is allowed in the future, should businesses with existing private outdoor space be allowed to apply for a permit? 68%
32%
26 Parking
QUESTION 9 - On a scale of 1-5, how concerned are you about the loss of parking in the downtown area if a program was approved in the future? 27 Parking
QUESTION 9 - On a scale of 1-5, how concerned are you about the loss of parking in the downtown area if a program was approved in the future? 31%
19%
16%
8%
26%
28 Impact Area – Design/Aesthetic
QUESTION 10a - If sidewalk seating/dining is allowed in the future, how do you think the program would impact design/aesthetics of the City? 29 Impact Area – Design/Aesthetic
QUESTION 10a - If sidewalk seating/dining is allowed in the future, how do you think the program would impact design/aesthetics of the City? 32%
12%
7% 8%
4%
12%
3% 2%
5%
3%
14%
30 Impact Area – Parking
QUESTION 10b - If sidewalk seating/dining is allowed in the future, how do you think the program would impact parking in the City?
31 Impact Area – Parking
QUESTION 10b - If sidewalk seating/dining is allowed in the future, how do you think the program would impact parking in the City?
26%
3%
5%
8%
12%
15%
17%
3% 3%
5%
2%
32 Impact Area – Public Safety
QUESTION 10c - If sidewalk seating/dining is allowed in the future, how do you think the program would impact public safety in the City? 33 Impact Area – Public Safety
QUESTION 10c - If sidewalk seating/dining is allowed in the future, how do you think the program would impact public safety in the City? 10%
4%
5%
4% 4%
3%
39%
7%
5% 4%
34 Impact Area – Pedestrian Flow
QUESTION 10d - If sidewalk seating/dining is allowed in the future, how do you think the program would impact pedestrian flow in the City? 35 Impact Area – Pedestrian Flow
QUESTION 10d - If sidewalk seating/dining is allowed in the future, how do you think the program would impact pedestrian flow in the City? 5%
17%
6%
8%
15%
24%
3%
4%
5%
9%
5%
36 Impact Area – Vehicle Flow
QUESTION 10e - If sidewalk seating/dining is allowed in the future, how do you think the program would impact vehicle flow in the City? 37 Impact Area – Vehicle Flow
QUESTION 10e - If sidewalk seating/dining is allowed in the future, how do you think the program would impact vehicle flow in the City? 17%
4%
5%
8%
11%
33%
3%
4% 4%
5%
7%
38 Impact Area – Noise/Nuisance
QUESTION 10f - If sidewalk seating/dining is allowed in the future, how do you think the program would impact noise/nuisances in the City? 39 Impact Area – Noise/Nuisance
QUESTION 10f - If sidewalk seating/dining is allowed in the future, how do you think the program would impact noise/nuisances in the City? 14%
4% 4%
5%
10%
37%
4% 4% 4% 5%
9%
40 Impact Area – Appeal to Visitors
QUESTION 10g - If sidewalk seating/dining is allowed in the future, how do you think the program would impact appeal to visitors of the City? 41 Impact Area – Appeal to Visitors
QUESTION 10g - If sidewalk seating/dining is allowed in the future, how do you think the program would impact appeal to visitors of the City? 10%
2% 2% 3%
2%
6%
7%
12%
40%
9%
8%
42 Impact Area – Desire to Dine Out
QUESTION 10h - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the desire to dine out in the City? 43 Impact Area – Desire to Dine Out
QUESTION 10h - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the desire to dine out in the City? 7%
44%
2% 3%
2% 2%
7%
5%
12%
7%
1%
44 Impact Area – Retail Shopping Experience
QUESTION 10i - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the retail shopping experience in the City? 45 Impact Area – Retail Shopping Experience
QUESTION 10i - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the retail shopping experience in the City? 12%
3%
4% 3% 3%
21%
5%
9%
8%
9%
23%
46 Impact Area – Restaurant Dining Experience
QUESTION 10j - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the restaurant dining experience in the City? 47 Impact Area – Restaurant Dining Experience
QUESTION 10j - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the restaurant dining experience in the City? 3%
8%
4%
2% 1%
7%
5%
10%
7%
42%
11%
48 Impact Area – Wine Tasting Experience
QUESTION 10k - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the wine tasting experience in the City? 49 Impact Area – Wine Tasting Experience
QUESTION 10k - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the wine tasting experience in the City? 10%
2% 3% 2% 2%
16%
5%
10%
7%
34%
8%
50 Impact Area – Residential Experience
QUESTION 10l - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the residential experience in the City? 51 Impact Area – Residential Experience
QUESTION 10l - If sidewalk seating/dining is allowed in the future, how do you think the program would impact the residential experience in the City? 15%
3%
4% 4%
6%
22%
6%
7%
8%
8%
17%
52 Impact Area – Economic Equity
QUESTION 10m - If sidewalk seating/dining is allowed in the future, how do you think the program would impact economic equity in the City? 53 Impact Area – Economic Equity
QUESTION 10m - If sidewalk seating/dining is allowed in the future, how do you think the program would impact economic equity in the City? 13%
3% 3%
2%
3%
7%
17%
9%
30%
6% 7%
54 Additional Comments
QUESTION 11- Please share any other thoughts you have regarding a possible future sidewalk seating/dining program ?
Attachment - 3
City Councilmember
Individual Considerations
Attachment 3
Councilmember Baron Comments
Overall
 What is the overall purpose of the new outdoor dining program? Why is the city doing this? Design
 What are the design standards to which the new outdoor spaces will adhere?  Will the new outdoor dining spaces be allowed in front of storefronts other than the permittee?
 Are there streets or blocks on which the new outdoor spaces will be forbidden?  Will the new outdoor spaces be allowed in front of historic buildings? Logistics
 Who will the permittee be – the restaurant owner or the property owner?  What will the rent for the various spaces be, and how will it differ from location to location?  How many restaurants will be involved in the initial rollout, assuming that it’s not open to all?
 Assuming that the permittee pays for the site installation, what will the mechanism be for removing the new outdoor dining space if the permittee violates the rules or ceases to pay rent? Will the initial permittee be required to post some sort of bond? Planning Process
 What is the planning process for the creation of this program?  How will the following stakeholders be involved?
o Restaurants
o Retail establishments
o Residents
o Coastal Commission (?)
 Who will pay for the city planning and legal resources required to implement this program? o General fund, or rents?
o What will the rents be used for in the future?
 What is the scope of the planning document (Commercial design guidelines, Municipal code, general plan amendments) that will have to be made? Attachment 3
Councilmember Ferlito Comments
Outdoor Dining
Sending Outdoor Dining to the Planning Commission is premature. Why is it being prioritized above other council priorities before our meeting in March on the Priority List. This is unfair to elevate it above other worthy projects. And, more importantly Outdoor Dining is not an emergency.

We have an opportunity to take a look at our entire commercial district as a whole rather than piece meal.

This is especially pertinent with regard to our newly assigned RHNA numbers and the fact that we will need to rezone our commercial area if we are even to meet a fraction of the allotment. The Commercial Guidelines should take priority before Outdoor Dining.

We need to hire a professional company to analyze the traffic, parking, housing, walkability, appearance, bike ability, ADA, and delivery truck issues, etc. This is vitally important to see this as part of a whole and not simply bow to a distraction perpetrated by a handful of restaurants wishing to gain private use of public space. We already have over 30 restaurants with private outdoor dining. Again, this is not an emergency.

We must do this right or risk jeopardizing our entire downtown experience.

Here are a few issues:

Sidewalks must be widened if we are to accommodate cafe style dining anywhere on public property.

The Public Right of Way belongs to all of us.

Streets may need to be made one way, or narrowed to one lane or made entirely pedestrian.

Landscaping, art and furniture need to be considered.

ADA accessibility and parking need to be accommodated.

No propane should continue to be allowed for heating purposes. This is a GHG issue. And, a safety issue as well. NYC outlawed the use of propane due to safety issues.

Adding awnings, lighting and electric heating elements need to be carefully considered with regard to historically significant buildings.

Facades of existing buildings must be considered and anything added to the building must enhance and not detract from the building.

Delivery truck issue must have some solutions.

Alcohol served on public property is presently prohibited by existing ordinance and changing this should be taken with the utmost care. We set the rules, not ABC.

Encroachments of private spaces onto public property must be discouraged without adequate and realistic planning and costs. The price of a parking space (revenue it brings in) must be established before any changes.

No outdoor dining should extend beyond the actual business frontage in front of any other buildings or businesses.

Outdoor dining seats have to be balanced and not be in addition to permitted seats indoors. The water issue will reemerge soon.

If a restaurant already has outdoor private space, no additional public space should be granted.

Retail property owners must be respected and should not be impacted by neighboring properties.

DESIGN Matters. Our PC is not in the business of design. We have no actual architects on the PC. This is a great opportunity to contract with a Design team to work on this and our commercial guidelines, downtown housing element and traffic issues as a whole.

Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
February 1, 2022

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Maxine Gullo, Ass't. City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-016 Updating the At-Will (Unrepresented) Miscellaneous and Police Management Pay Schedule/Salary Schedule
RECOMMENDATION:

Adopt Resolution No. 2022-016 updating the At-Will (Unrepresented) Miscellaneous and Police Management Pay Schedule/Salary Schedule.

BACKGROUND/SUMMARY:

The City Attorney has drafted a Resolution Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At-Will Employment Agreement effective October 1, 2021. This is to update the City Administrator’s salary range in the At-Will (Unrepresented) Miscellaneous and Police Management Pay/Salary Schedule.

Pursuant to Municipal Code 2.52.520, the City Council adopts the salary resolution, establishing the legal current salary range from the salary schedule for each class of employee position. The City of Carmel-bythe-Sea continues to comply with the regulations of CalPERS Public Employees' Retirement Law (PERL), the salary plan in its entirety will be submitted to Council for approval each time a modification is made or on a calendar/fiscal basis moving forward.

FISCAL IMPACT:

The proposed salary increase in the Fifth Amendment to the City Administrator At-Will Agreement would be a salary increase of $20,000 and will be absorbed in the current FY 21/22 operating budget.

PRIOR CITY COUNCIL ACTION:

Resolution No. 2016-012: Resolution authorizing the Mayor to execute an Employment Agreement between the City and Chip Rerig
Resolution No. 2017-088: Resolution approving a First Amendment to the City Administrator Employment Agreement
Resolution No. 2018-110: Resolution authorizing the Mayor to execute a Second Amendment to the City Administrator Employment Agreement
Resolution No. 2020-034: Authorizing the Mayor to Execute a Third Amendment to the City Administrator At-Will Employment Agreement Effective June 1, 2020
Resolution No. 2020-077: Authorizing the Mayor to Execute a Fourth Amendment to the City Administrator At-Will Employment Agreement Effective November 1, 2020 ATTACHMENTS:

Attachment 1: Resolution 2022-016 Updating the At-Will Salary Schedule Attachment 2: Exhibit A

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING THE ATWILL CLASSIFICATIONS SALARY PLAN IN ACCORDANCE WITH MUNICIPAL CODE 2.52.520 EFFECTIVE OCTOBER 1, 2021.

WHEREAS, the City of Carmel-by-the-Sea City Administrator is an At-Will (Unrepresented) employee and is not organized or represented for the purposes of meeting and conferring with the City in the areas of salary, benefits, and working conditions; and
WHEREAS, Municipal Code 2.52.520 and amendments thereto provide, among other things that the City Council establish the legal current salary range from the salary schedule for each class of position.

WHEREAS, the salary resolution is adopted annually or periodically by the City Council upon review and recommendation of the City Administrator; and
WHEREAS, the California Public Employee’s Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City to publish pay rates and ranges on the City’s internet site and the City Council to approve the pay rates and range in its entirety each time a modification is made; and WHEREAS, the At-Will (Unrepresented), management classifications do not receive Cost of Living Adjustments (COLA) or salary adjustments on an annual basis such as employees represented by bargaining units; and
WHEREAS, Council provided direction to increase the City Administrator salary range; and WHERAS, the City Administrator’s salary range will increase $20,000 from $196,500 to $215,650 based on the successful annual performance evaluation.

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

Authorize and approve City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) in accordance with municipal code 2.52.520 as of October 1, 2021. (Exhibit A).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1 st
day of FEBRUARY, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Attachment 1
SIGNED: ATTEST:
_______________________
Dave Potter, Mayor
__________________________
Yashin Abbas, Interim City Clerk
Attachment 1
Grade Barg. Unit Classification Resolution # Effective Date Minimum Annual Salary Maximum Annual Salary ATWILL City Administrator 2022‐XXX 10/1/2021 $     216,650.00 ATWILL Assistant City Administrator  2021‐077  12/1/2021 167,416.00 $       203,495.00 $ ATWILL Public Safety Director 2021‐077  12/1/2021 167,416.00 $       203,495.00 $ ATWILL Public Works Director 2021‐077  12/1/2021 164,022.00 $       199,370.00 $ ATWILL Community Planning and Building Director 2021‐077  12/1/2021 164,022.00 $       199,370.00 $ ATWILL Director of Budgets and Contracts 2021‐077  12/1/2021 144,795.00 $       176,000.00 $ ATWILL Library and Community Activities Director 2021‐077  12/1/2021 144,795.00 $       176,000.00 $ AT WILL Finance Manager 2021‐077  12/1/2021 131,221.00 $       159,500.00 $     AT WILL Human Resources Manager 2021‐077  12/1/2021 131,221.00 $       159,500.00 $ ATWILL Information Services/Network Manager 2021‐077  12/1/2021 131,221.00 $       159,500.00 $ ATWILL City Clerk 2021‐077  12/1/2021 131,221.00 $       159,500.00 $     ATWILL Police Commander 2021‐077  12/1/2021 131,221.00 $       159,500.00 $ AT WILL Environmental Compliance Manager 2021‐077  12/1/2021 108,38 $       131,726.00 8.00 $ AT WILL Project Manager 2021‐077  12/1/2021 108,388.00 $       131,726.00 $ ATWILL Building Official  2021‐077  12/1/2021 108,388.00 $       131,726.00 $ 6 ATWILL Senior Human Resources Analyst 2021‐077  12/1/2021 89,390.0 $          111,909.00 0 $ ATWILL Deputy City Clerk 2022‐008 1/4/2022 77,212.80 $          93,844.00 $ AT WILL Administrative Analyst 2022‐008 1/4/2022 77,212.80 $          93,844.00 $ 8 ATWILL Executive Assistant* 2022‐008 1/4/2022 77,664.00 $          84,000.00 $       9 ATWILL Administrative Technician 2022‐008 1/4/2022 65,596.65 $          79,768.50 $ Notes:*This classification will be eliminated from the Unrepresented classifications through attrition.Resolution #2022‐088 adopted January 1, 2022 Resolution #2021‐077 adopted December 7, 2021
4 CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR AT‐WILL (UNREPRESENTED) CLASSIFICATIONS Effective October 1, 2021
Pending Adoption by City Council February 1, 2022 (Reso#2022‐0XX) 12357
Resolution #2020‐073 adopted November 3, 2020