Carmel-by-the-Sea City Council
September 13, 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, September 13, 2022
THIS MEETING IS VIA TELECONFERENCE AND IN-PERSON AT CITY HALL.

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.

To that end, this meeting will be held via teleconference and in-person in the City Council Chambers at City Hall located on Monte Verde Street between Ocean and Seventh Avenue. To participate via teleconference click the following link to attend via Zoom (or copy and paste link in your browser): https://ci-carmel-caus.zoom.us/j/83444584202 Meeting ID: 834 4458 4202 Passcode: 748692 Dial in: (253) 215-8782
To participate in this meeting in-person in the City Council Chambers, the public must show proof of vaccination (including virus booster) and wear a face covering at all times. Seating will be limited and available on a first come first served basis.

CALL TO ORDER AND ROLL CALL
CLOSED SESSION - 3:00 PM
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Administrator

OPEN SESSION
4:30 PM

OPEN SESSION

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Proclamation - Declaring September 2022 as Childhood Cancer Awareness Month in the City of Carmel-by-the-Sea
B. Receive a report on the status of the City Council’s Strategic Priority Projects

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 Announcements
B. City Attorney Announcements
C. Council Member Announcements

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. August 1, 2022, Special Meeting Minutes, August 2, 2022, Regular Meeting Minutes, and August 29, 2022, Special Meeting Minutes

2. July 2022 Check Register Summary

3. July 2022 Monthly Reports

4. Resolution 2022-074 of the City Council of the City Of Carmel-by-the-Sea Proclaiming the Continuing Need To Meet By Teleconference Pursuant To Government Code Section 54953 (e)

5. Resolution 2022-075 authorizing the City Administrator to execute a Professional Services Agreement with 4Leaf, Inc. for Project Management Services, for a not-to exceed fee of $197,780, for delivery of four Capital Improvement Projects

6. Resolution 2022-076, authorizing the City Administrator to execute a Professional Services Agreement with the Carmel Area Wastewater District, for a not-to-exceed fee of $71,647, to provide Stormwater Program Vactor Truck Services

7. Resolution 2022-077 rescinding Resolution 2020-056 and re-establishing the list of designated classifications and the disclosure categories of the City's Conflict of Interest Code

8. Resolution 2022-078 authorizing the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the term of July 1, 2022 to June 30, 2023 in an amount not to exceed $210,010

9. Adopt Resolution 2022-079 authorizing the City Administrator to execute Amendment No. 2 to a Professional Services Agreement with Municipal Resource Group, LLC for a not-to-exceed amount of Forty-Six Thousand and Fifty Dollars ($46,050.00) and modify the scope of work, therein, by requiring additional services.

10. Adopt Resolution 2022-080 authorizing the City Administrator to modify the job description for Police Officer

11. Approve Resolution No. 2022-081 to designate 2022 Holiday Closure from December 27 – December 30, 2022

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

12. Adopt Resolution 2022-082 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea General Employees Unit, effective July 1, 2022.

13. Adopt Resolution 2022-083 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea Management Employees Unit, effective July 1, 2022

14. Adopt Resolution 2022-084 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association, effective July 1, 2022

15. Resolution 2022-085 ratifying appointments to the Forest and Beach Commission and the Historic Resources Board

16. Receive a report and provide direction on the City’s Beach Fire Management Pilot Program

FUTURE AGENDA ITEMS

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

PROCLAMATION

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DECLARING SEPTEMBER 2022 AS CHILDHOOD CANCER AWARENESS MONTH IN THE CITY OF CARMELBY-THE-SEA

WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and WHEREAS, each year, one in 190 children in our community will be diagnosed with cancer; and WHEREAS, cancer remains the leading cause of death by disease among children - more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and WHEREAS, during the ongoing COVID-19 crisis Jacob’s Heart has been keeping medically fragile children and families housed, fed and emotionally supported by steadfastly adhering to the following commitments: 1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and be able to focus attention on their children; 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No seriously ill child in our community will ever miss a medical appointment because of lack of transportation; and
WHEREAS, Jacob’s Heart holds the memories and honors the legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and
WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 24 years as a trusted community partner in providing family-centered care that addresses the emotional, practical and financial struggles of families of children with cancer in Carmel-by-the-Sea; and
WHEREAS, it is important for all Carmel-by-the-Sea residents to recognize the impact of pediatric cancer on families within our community and honor the lives of children in our community whose lives have been cut short by cancer.

NOW, THEREFORE, BE IT PROCLAIMED THAT I, Dave Potter, Mayor of the City of Carmelby-the-Sea, on behalf of the City Council and the citizens of Carmel hereby declare September, 2022 as Childhood Cancer Awareness Month in the City of Carmel-by-the-Sea, do hereby honor Jacob’s Heart Children’s Cancer Support Services for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month. ______________________
David Potter, Mayor
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

EXTRAORDINARY 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 status of the City Council’s Strategic Priority Projects RECOMMENDATION:

Receive a report on the status of the City Council’s Strategic Priority Projects.

BACKGROUND/SUMMARY:

EXECUTIVE SUMMARY:

This report is intended to briefly explain the evolution of Council’s strategic priority project list and provide a snapshot update for each item on that list. Included as attachments to this report are the full tracking list of all thirty (30) priority projects (Attachment 1) and the sub-list of sixteen (16) “top priorities” that were selected at the Council’s most recent retreat (Attachment 2). The full tracking list of 30 projects includes month-by-month updates for each item, and is intended to be a companion to this report, providing council with a complete picture of the strategic priorities. The list of Council's 16 top priority projects only shows the project title, but reports both the current percentage of project completion and the percentage reported in March for comparison.

Note: Due to the amount of information in some attachments, the size of the font may appear small and difficult to read. Larger format copies can be requested for pickup from the Community Planning and Building Department.

BACKGROUND / SUMMARY:

On October 12, 2021, the City Council held a public workshop at Sunset Center to discuss roughly 60 different projects associated with the Council’s adopted Strategic Initiatives. Recognizing that staffing resources are finite, the purpose of this meeting was to provide direction for prioritizing efforts to complete these projects. Following a hearty and productive discussion, the Council reduced the list of priority projects to a total of 30.

On March 10, 2022 Council help another public workshop. Department heads presented and discussed each item on the full priority list of 30 projects. Following these detailed discussions, and in consideration of available staff resources, Council opted to elevate sixteen (16) projects as the highest priority, and directed staff to focus their efforts on these projects before working on any of the remaining projects on the larger list of 30. Council’s concept behind this top priorities list, was that as projects were completed, and resources became available, another project from the larger list of 30 would move up to the top priority list.

The following list provides a brief update on each project contained in the tracking list of 30 strategic priority projects (Attachment 1). The numbers correlate directly to the project’s number on the tracking list for easy reference. As directed at the last Council meeting, items that have been completed have been moved off of the larger tracking list, and placed in a separate worksheet. These completed items appear at the bottom of this list with their own unique numbers that refer to the “Completed Projects” worksheet.

Items in BOLD are those which were placed on the list of 16 “top priority” projects created by Council in March.

Projects in Process

1. Explore parking management program (30% Complete)
July - City retains consultant (Brian Uhler) to assist with analysis and data gathering Regional data gathering in process
October - Anticipate report to City Council before beginning community meetings

2. Update purchasing ordinance (10% Complete)
Currently working to fill two (2) vacant finance team positions October – will begin purchasing limit comparison of other local agencies

3. Plan for natural areas, reduce fire risk (20% Complete) June 2022 - Monterey Fire Department began the annual Defensible Space Inspection Program for all Carmel properties
FY 2022/23 budget includes allocation for fire fuel reduction (can be used in MTNP) Fire risk reduction strategies included in the Climate Adaptation Plan Fire Department operating budget includes $20k for Wildfire Risk Assessment November 2022 - Award Public Works contracts for tree care services to minimize dead growth and fire fuel (can also be used in MTNP)

4. Review opportunities for enhanced fire/ambulance service (50% Complete) September/Oct – Reviewing salary analysis and finalizing draft agreement Nov/Dec – Present to Carmel and Monterey City Councils

5. Develop forest management plan and update tree ordinance (25% Complete) May 2022 - Council accepts $150k Cal Fire Grant for Forest Management Plan August 2022 – Council awards Professional Services Agreement with Davey Resources Group to provide the Forest Management Plan
Fall 2022 - Davey will focus on City-wide tree inventory and technical reports October 2022 - Begin first phase of planting 108 trees

6. Update zoning code & design guidelines (45% Complete) Analysis of June Community Workshop findings complete
“Strategy Paper” outlining project direction in process with Steering Committee October – Will hold Community Workshop, present to Council and Planning Commission

7. ADU ordinance (45% Complete)
Staff and City Attorney currently working on first draft Oct/Nov – Draft ordinance to Planning Commission for review and recommendation December – Targeting first reading of ordinance at City Council

8. Wireless ordinance (45% Complete)
First draft of ordinance(s) complete
September – Planning Commission workshop to review and provide comments

9. Filling vacancies (90% Complete)

31.0 positions filled to date
Recruitments and interviews are ongoing

10. Pandemic recovery (90% Complete)
Continued hybrid City Council meetings w/ the assistance of PD to screen attendees Working with other boards and commissions to transition back to in-person with hybrid meetings opportunity

11. Stormwater ordinance update (75% Complete)
June 2022 - Completed draft updates to CMC Sections 17.42 and 17.43. Drafts include major revisions City Attorney's office reviews and makes additional modifications to the draft ordinances to clarify requirements and comply with State mandates
September 2022 - Final draft ordinances submitted to Regional Water Quality Control Board and Coastal Commission for review
Nov/Dec 2022 – Targeting presenting draft ordinances to Planning Commission and hold First Reading/Public Hearing at City Council meeting

12. Volunteer group oversight (35% Complete)
July 2022, Administrative Analyst begins, focusing on forestry office operations and begins attending Carmel Cares progress meetings
September 2022 - Analyst begins consolidating all volunteer support groups and other local organization information and creates webpage as “one stop shop” for volunteer groups October 2022 - Analyst takes lead role in coordination and facilitation with Carmel Cares

13. Review/reformulate approach to reserves/update financial policies (15% Complete) Currently working to fill two (2) vacant finance team positions October – will finalize project objectives after results from annual audit

14. Explore outdoor dining program (25% Complete)
Information fromAd-hoc committee and community survey compiled in Community Planning and Building Project on hold until other priority projects are complete and staff resources are freed up

15. Increase beautification efforts (30% Complete)
2021-2022 ongoing - With Public Works oversight, Carmel Cares continues with beautification efforts along the Scenic Pathway, Devendorf and Vista Lobos Parks, grounds around Children's Library and Sunset Center, and in numerous median islands across the Village August 2022 - Forest and Beach Commission approve Carmel Cares proposed landscaping plan for Forest Theater
Fall 2022, Public Works staff resumes striping, irrigation, planting, and mulching work on Ocean Ave. median islands
October 2022 - Anticipate Council award of landscape maintenance services contracts

16. Review barriers to affordable housing (30% Complete) June - ECO Northwest selected as consultant to support effort July/Aug – Site visits and analysis with consultant to begin drafting feasibility study; 50% deliverable received
September – Final draft feasibility study due from consultant October/Nov – Target presentation to City Council

17. Explore street addresses (0% Complete)
July - Project assigned to Admin. Analyst
September – Target analyst beginning work in coordination with Community Planning and Building and outreach to USPS regarding scope of project

18. Develop a facilities master plan (45% Complete)
CIP projects/programs proposed and approved with the FY 2022/23 budget included: Police Building Additional Renovations, Facilities Condition Assessments (4 bldgs.), 9 Facility Renovation Projects, 2 Resiliency projects, and Libraries Master Plan
August 2022 - Professional Services Agreement awarded to Ausonio, Inc. for project management services for 9 facility renovation projects for Sunset Center, cottages, City Hall, Harrison Memorial Library, Vista Lobos, and Fire Station
September 2022 – Anticipate Professional Services Agreement awarded to 4 Leaf for project management services for the Police Building Renovation Additional Scope and 2 resiliency projects

19. Underground utilities rule 20A (10% Complete)
May 2022 - Received Statements of Qualifications from surveying consultants to provide underground utility surveying and right-of-way engineering plans
September 2022 - Resume work on White Paper outlining the Rule 20A funding and program implementation, and review potential qualifying corridors in Very High Fire Hazard Zone November 2022 - Present White Paper to Council, and seek feedback on proceeding with the establishment of an Underground Assessment District

20. Explore reinstatement of design review board (45% Complete) Based on feedback from Design Tradition 1.5 (DT1.5) Community Workshop, the structure and involvement of a Design Review Board in the design review process is now being considered as part of overall DT1.5 project. This will follow the same timeline as the DT1.5 Project

21. Explore redevelopment of Sunset Center North Lot (0% Complete) Not started yet. On hold until other higher priority projects are completed and staff resources are freed up

22. Opportunities for Flanders Mansion (0% Complete)
Not started yet. On hold until other higher priority projects are completed and staff resources are freed up

23. Opportunities for Scout House (25% Complete)
March – Council makes this project a top priority due to high level of interest from potential partners September – Anticipate request for proposals released

24. Develop and implement social media plan (10% Complete) June - New City Clerk starts
Currently researching social media policies adopted by neighboring Cities Example policies have been obtained to use as a reference point for developing a policy specific to Carmel Completed Projects

1. Develop a multi-pronged financial strategy to address pension liability

2. Restructure peninsula messenger service for at-home letter delivery

3. Develop organics/recycling ordinance

4. Prepare climate action/climate adaptation plan

5. Forest theater facilities manager

6. Review and update sign ordinance
FISCAL IMPACT:

Staff time associated with tracking and reporting these projects is covered in the adopted FY 2022-2023 operating budget. Project specific fiscal impacts will be included as part of any actions related to those projects when considered by Council on a future agenda.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1 - Tracking List of all 30 Priority Projects Attachment 2 - Top 16 Priority Projects
#
Item # Description of Project Regulatory Current Status Percentage Responsible 2021 Status January Status February Status/Forecast March Status/Forecast April Status/Forecast May Status/Forecast June Status/Forecast July Status/Forecast August Status/Forecast September Status/Forecast October Status/Forecast November Status/Forecast December Status/Forecast 1 Explore Parking Management
Program
No In Progress 30% PD/CPB
Staff research complete with various
consultants;T2 selected to implement PD citation
management system
Project on pause due to competing and higher
priority items such as appeals and recruitments
Project on pause due to competing and higher
priority items such as appeals and recruitments
SELECTED AS ONE OF "TOP 16" PRIORITY
PROJECTS AT MARCH COUNCIL RETREATWorking with T2 to develop draft program to share with community for feedback;
T2 completes draft program/plan
Community engagement / education meetings Completed review of parking goals, concepts, and concerns with Mayor and all City Council
Members
Data gathering (mostly from Pacific Grove and
Monterey) to help with regional comparisons.

Data gathering (mostly from Pacific Grove and
Monterey) to help with regional comparisons.

Consolidation of regional data, parking
concepts, community outreach plan, and "next
steps" to be provided to the City Administrator.

This material will be used to prepare an update
to the City Council (during October CC meeting)
Update at City Council Meeting
2 Update Purchasing Ordinance No In Progress 10% Finance Current ordinance reviewed and sections for
revisions identified.Research on comparablecities completed.

Due to limited staff capacity, this item will
receive attention after completion of the
FY22/23 budget.

New Finance Manager has begun analyzing
current financial practices.

Steps will be taken to define the scope of the
project with the Assistant City Administrator.

Finance has two vacant positions. FinanceManager will be focusing on the preparation for the annual financial audit.

A purchasing limit comparison chart of other
local agencies will be completed.
3 Develop a plan to ensure that the
City’s natural areas, as well as private
property, are properly
maintained to reduce fire risk
No In Progress 20% Fire/ PW
Part of of contract discussions with Monterey
Fire
Draft and negotiate adding provision to
contract w/ Monterey Fire
Completed Request for Quote to include fire
prevention elements. Submitted to Monterey
Fire Officials. Meeting with Monterey Fire
completed and a counter proposal relative to
fire prevention is expected.

SELECTED AS ONE OF "TOP 16" PRIORITY
PROJECTS AT MARCH COUNCIL RETREATExpect revised prevention oriented counter‐ proposal from Monterey Fire by the end of
March.

Springtime forestry field operations include
dead tree removals, weed whacking, pruning,
clearing pathways, etc. On an ongoing basis,
Friends of MTNP sponsor Weedies program,
Carmel Cares and PW oversee Median Minders,
and Garden Club and other volunteers pull
weeds and remove debris.

Monterey Fire announces annual Defensible
Space Inspection program for all Carmel
properties starting in June.

Adopted FY 2022/23 Budget includes $20k for
Wildfire Risk Assessment in Fire Dept. Budget.

Answers to Budget Question 24 and 26
included: $445k allocated for dead tree
removal, pruning, mowing, and fire fuel
reduction, fire risk reduction strategies in the
Climate Adaptation Plan, and proposed
Manager of Natural Resources position to
bolster resources to manage the programs.

Bid documents drafted for 3‐year landscape
maintenance contract work, which includes fire
fuel reduction. Program was canceled for past 2
years due to Covid.

Council awards Agreement with Davey
Resources Group for Urban Forest Management
Plan. See separate Priority #6 below. Advertise
for bids for landscape maintenance contract.

Prepare bid documents for on‐call tree care
contractors. Open bids for landscape
maintenance contract.

Award contract for landscape maintenance.

Open bids for on‐call tree care contractors.

Award contract for on‐call tree care contractor.
4 Review opportunities for enhanced fire/ambulance service No In Progress 50% PD City Council provided direction to pursue
further contract negotiations
Conducted planning meeting with 2 bargaining
units and both the Carmel/Monterrey Chiefs.

Request for Quote submitted to Monterey Fire
department for Fire Services. Worked on
developing Scope of Work for future contract
relating to Ambulance Services
SELECTED AS ONE OF "TOP 16" PRIORITY
PROJECTS AT MARCH COUNCIL RETREATCarmel to submit Request for Quote to include Scope of Work during the week of March 7.

Request for Quote submitted to Monterey Monterey evaluating and preparing response Quote overdue‐Monterey explained a change in personnel resulted in delay.

Quote still pending. Internal analysis of pay
differences and policy implications underway.

Meeting with Monterey County EMS officials
completed (to ensure protection of 201 rights).

Pay differences analysis nearly complete. Quote
from Monterey is expected in August. Meeting
with contracted ambulance provided (AMR) is
being arranged (to fully understand obligations
and practices for mutual aid and ambulance
" ")
Review of quote from Monterey, internal
discussions with CFAA (review of pay analysis),
and continuing negotiations with Monterey (to
work forward toward developing an agreement
document).

Complete agreement document for ambulance
consolidation (staff and legal).

Completed agreement documents to be
presented to Monterey and CBS City Councils.

Prepare for final transition (target completion
date of Monday, January 1).
5 Develop Forest Management Plan (FMP) and Update Tree Ordinance No In Progress 25% PW Draft tree ordinance received from City
Attorney with significant editing. Councilapproved submittal of $171k CalFire grant application. Grant award anticipated for March.

Coordinate Tree Ordinance update with the
Forest Management Plan process. Review of
draft ordinance and scope of FMP reveals
potential redo of Ordinance post FMP.

Received Cal Fire Grant. Work on plan pending
receipt of grant award, anticipated for March.

SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
At Priority Workshop, Council directs staff to
prepare the FMP first, then update the tree
ordinance, including changes resulting from the
FMP., to prevent multiple revisions to
Ordinance.

Issued request for Statements of Qualifications
for consultants to provide a variety of
professional services, including to prepare the
FMP.

Council accepted $150k Cal Fire Grant.

Statements of Qualifications received from
consultants on May 26th.

Committee selects Davey Resources Group to
prepare the FMP. Prepare terms of a
Professional Services Agreement.

Negotiate final terms of Agreement with Davey
Group. Prepare package for Council.

Council awards Professional Services
Agreement to Davey Resources Group. Duration
estimated at 18 months. Kickoff meeting
initiates the process.

Davey begins city‐wide tree inventory.
background review, design guide, and GIS land
use mapping.

Davey continues city‐wide tree inventory,
completes the design guide. Begins operational
assessment. First phase of planting 108 new
trees as part of the Cal Fire Grant begins.

Davey completes city‐wide tree inventory and
GIS land use mapping. Begins tree canopy
analysis and priority planting plan.

Prepare for stakeholder interviews, community
meeting, and survey.
6 Update Zoning Code and Design Guidelines (Residential & Commercial) No In Progress 45% CPB Working with Winter & Assoc. on proposal for
contract support.

Work with Winter & Assoc. on project scope
and overall approach for amendments
Contract reviewed by City Council;
Direction given to expand scope
SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
City Council approved expanded contract
March 1st; Begin planning kickoff meeting and
first workshops with Winter & Co.

Consultant site visit, Begin public outreach and
first round of meetings (Staff Kickoff, Steering
committee, Community, PC, CC, etc.)
Consultant site visit to assess existing
conditions, developing computer models,
meetings with staff and steering committee
2‐Day Community Workshop at Sunset Center;
Steering Committee Meetings ongoing
Analysis of workshop findings and drafting
"Strategy Paper" for next Community
Workshop; Online Survey conducted w/ 300+responses; Steering Committee meetings ongoing
Finalized consultant draft of "Strategy Paper"
and reviewing with Steering Committee;
Steering Committee meetings ongoing and
opened to the public
Final draft of Strategy Paper completed;
Exercised designed for October community
workshop; Steering Committee meetings
ongoing
Community Meeting, October 3rd, to review
Strategy Paper and overall project direction;
Present findings to City Council and Planning
Commission; Revise direction as needed;
Steering Committee meetings ongoing
Begin drafting updates to Design Guidelines and
Zoning Code based on final version of Strategy
Paper; Steering Committee meetings ongoing
7 Develop Accessory Dwelling Unit (ADU) Ordinance Yes In Progress 45% CPB Drafted map and legend showing 5‐year history
of ADU permits in CBTS
SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Added to priority list, will begin work in August Staff begins drafting ADU ordinance in cooperation with City Attorney's office.

First draft ordinance complete, ready to take to
PC for workshop/recommendation
Planning Commission workshop to review first
draft of ADU ordinance
Second planning Commission review of ADU
ordinance and recommendation to City Council
City Council 1st Reading
8 Develop Telecommunication Ordinance consistent with federal law Yes In Progress 60% CPB Community outreach and engagement; joint
workshop of PC and CC conducted 2/28 to get
early feedback from community and direction;
Staff and attorneys to begin drafting ordinance
framework
SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Community outreach and engagement; Drafting
ordinance framework with staff and attorneys
Planning Commission workshop to receive
direction specific to location and aesthetic
considerations related to the wireless ordinance
update
Work with City's Telecom Attorneys to begin
draft ordinances
Work with City's Telecom Attorneys to finalize
draft ordinances
Planning Commission workshop to review first
draft of wireless ordinance package
Second planning Commission review of wireless
ordinances and recommendation to City Council
City Council 1st Reading City Council 2nd reading
9 Filling vacant positions (12) No In Progress 90% City Admin.

Ten (10) positions filled to date;
Contract HR support brought on to help with
processing
Recruitments/Interview ongoing Recruitments/Interview ongoing SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Recruitments/Interview ongoing
Recruitments/Interview ongoing Recruitments/Interview ongoing Recruitments/Interview ongoing Recruitments / Interviews ongoing 31.0 positions filled to date.

Recruitments / Interviews ongoing.
10 Pandemic recovery (reopening,
reporting, etc.) No In Progress 90% City Admin.

Explored larger venues (Sunset Center,
Women's Club) ‐ determined not viable
Working with local volunteer groups to set up
plan to support in‐person meeting in City Hall
In‐person meetings begin. Volunteers to check
vaccination, masks, etc.

SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
In‐person Council meeting conducted with the
help of CERT to screen attendees
In‐person Council meeting conducted with the
help of CERT to screen attendees
In‐person Council meeting conducted with the
help of CERT to screen attendees
In‐person Council meeting conducted with the
help of CERT to screen attendees
In‐person Council meeting conducted with the
help of CERT to screen attendees
Hybrid City Council meetings that include in‐
person Council meeting conducted w/ the
assistance of PD to screen attendees.

Hybrid City Council meetings that include in‐
person Council meeting conducted w/ the
assistance of PD to screen attendees.
11 Stormwater Ordinance update Yes In Progress 75% PW
Hired on‐call environmental consultant, Dudek,
with expertise in Stormwater regulations.

Review proposal from Dudek for ordinance
development, including review of nearby
agency ordinances.

Begin work with Dudek to develop draft
ordinance.

SELECTED AS ONE OF "TOP 16" PRIORITY
PROJECTS AT MARCH COUNCIL RETREAT.Rough draft Ordinance submitted for City review. Scope of effort increased. Now editing
d d
Ordinance revisions made. Second draftOrdinance submitted for City review.

Draft Ordinance revisions made. Begin Public Outreach in conjunction with Design Guidelines Update. Third draft
ordinance submitted and reviewed. Dudek's
work considered complete. Draft Ordinance
sent to City Attorney's Office for review.

Worked with City Attorney's office for
numerous additional edits to clarify
requirements and comply with State mandates.

Final draft Ordinance finishing up with City
Attorney's office.

Submit draft Ordinance to Regional Water
Quality Control Board and Coastal Commission
for review.

Await review comments. Incorporate comments from RWQCB and Coastal Commission, if any. Present to Planning
Commission.

If ready, present to Council for Public
Hearing/First Reading.
12 Volunteer Groups Oversight No In Progress 35% PW
Limited oversight of Carmel Cares in progress by
PW Director and PW Managers as time permits.

Proper level of oversight and collaboration on
hold until spring. Anticipated assignment for
new Analyst hire.

Streamlined the encroachment permitting
process with Carmel Cares, Planning & Building
Department, and Public Works.

While the current approach focuses on the
arrival of the Admin Analyst being recruited, we
suggest some thought be given to creating a
future Project Manager/ Volunteer Coordinator
position to manage this growing effort. The AA
position is going to be consumed with current
internal analyst needs, and a more robust
position may be able to maximize the potential
contributions of all volunteer groups to the City.

There is enough volunteer group potential to
consume a full time position.

Recruit for Administrative Analyst. Carmel
Cares add another group, "Tag Team" focusing
on removal of graffiti and stickers placed onpublic and private property.

In preparation for the FY 2022/23 budget, PW
reviewed the various volunteer group oversight
requirements and will continue as has been
past practice until this work can be
consolidated by an Analyst. Environmental
Programs Manager to continue to oversee
Friends of Mission Trails Nature Preserve and
volunteers associated with North Dunes Habitat
Restoration. City Forester to continue to
oversee Friends of Carmel Forest, Garden Club,
and Friends of Lester Rowntree Native Plant
Garden. Public Works Director to continue to
PW Administrative Analyst begins 7/1, focusing
on organizing Forestry work flow, and starts
attending Carmel Cares status meetings.

Analyst meets one on one with Carmel Cares,
and begins to develop game plan to oversee
Carmel Cares first, and branch out into serving
as a general clearinghouse for all volunteer
organizations in Carmel ‐ both serving the City
as well as volunteers who may help other non‐
profit/charitable organizations in the City.

Analyst continues development of Game Plan.

Game Plan includes new volunteer packet and
tracking spreadsheet. Begin making contactwith potential volunteer organizations indirectly serving the citizens of Carmel.

Analyst takes over as primary point of contact
with Carmel Cares supported by Public Works
Director.

Analyst continues as primary point of contact
with Carmel Cares supported by Public Works
Director. Begin serving as point of contact with
Friends of Carmel Forest and Garden Club.

Analyst continues as primary point of contact
with Carmel Cares supported by Public Works
Director, and continues serving as point of
contact with Friends of Carmel Forest and
Garden Club.
13 Review/reformulate approach to reserves/update financial policies No In Progress 15% Finance Due to limited staff capacity, this item will
receive attention after completion of the
FY22/23 budget.

New Finance Manager has begun analyzing
current financial practices.Steps will be taken to define the scope of the project with the Assistant City Administrator.

Finance has two vacant positions. Finance
Manager will be focusing on the preparation for
the annual financial audit.

Comments, if any, from the annual financial
audit will be incorporated into project
objectives.
14 Explore opportunities for permanent outdoor dining No In Progress 25% CPB Ad hoc Committee provided recommendation
to be forwarded to PC
City Council paused project until it can be
considered with other priority projects
15 Increase Beautification Efforts No In Progress 30% PW Funds from parklet rent utilized; First
"Beautification Week" successfully completed;
Ocean Ave. medians landscaping planned
Install new irrigation system, plantings and
hardscape prototype in Ocean Median between
Lincoln and Monte Verde
F&B Commission reviews and approves
prototype median island landscaping of island
located between Lincoln and Monte Verde
Streets.

Clear second Ocean median island. Orderirrigation supplies for remaining four islands.

April ‐ July 2022: Forestry staff shortage due to
resignation, Covid, off job injury, etc.

With Public Works oversight, Carmel Cares
continues beautification efforts along Scenic
Pathway, Forest Theater, Vista Lobos, and
Devendorf Parks, grounds around Children's
Library and Sunset Center, and in numerous
median islands around town. Carmel Care'sPick‐up Posse supplements PW by picking up th d i tt b tt i dt
Carmel Cares beautification efforts continue. Carmel Cares beautification efforts continue. Carmel Cares beautification efforts continue. Carmel Cares beautification efforts continue.

Install irrigation and planting on second median
island on Ocean Avenue.

After a 2‐year gap due to Covid, Landscape
Maintenance contractor to begin ongoing
maintenance in numerous parks and open
space areas.

Clear out third median island along Ocean
Avenue.

Install irrigation and plants in third median
island.
16 Review barriers to construction of affordable housing Yes In Progress 30% CPB Met with housing/planning managers from
peninsula cities to discuss regional approach;
Working with city of PG to partner on
consultant support for feasibility study
SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Finalize project scope, develop RFP, review
responsive proposals, and select contractor
Contract authorized ($29,000) for
ECONorthwest to begin housing feasibility
study.

All‐day site visit with ECONorthwest; begin
analysis of barriers and drafting report
Receive 50% deliverable from ECONorthwest Final draft feasibility study due from ECONorthwest
Provide report to City Council and present
feasibility study findings
17 Explore street addresses No Not Started 0% Assist. City Admin./CPB On hold until spring. Anticipated assignment
for new Analyst hire.

SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Target Analyst on board Analyst on Board later than anticipated (June start date). Will begin work on addresses late
summer/early fall
Target beginning work with Admin Analyst
18 Develop a Facilities Maintenance Plan No In Progress 45% PW Portions of Plan prepared piece‐meal. Need to
compile comprehensively. This will become an
ongoing working document once completed.

On hold until spring. Anticipated assignment
for new Analyst and/or Project Manager hire.

Unsuccessful recruitment for Project Manager. As part of the 5‐year CIP Planning effort, focus shifting to renovating the older City buildings
rather than continuously increase maintenance
repairs and out‐of‐pocket costs. CIP
projects/programs proposed: Police Building
Additional Renovations, Facilities Condition
Assessments (4 bldgs), 9 Facility Renovation
Projects, 2 Resiliency projects, and Libraries
Scoping and estimating new facility‐related CIP
Projects. First draft of CIP projects presented to
Council.

Second CIP presentation to Council. All facility
renovation‐oriented projects tentatively
approved.

FY 2022/23 Budget and CIP Adopted. Ausonio,
Inc. selected to provide project management
for 9 facility renovation projects: Sunset Center
paint & cottage windows, HML interior/exterior
paint, generator, carpet, City Hall wall, roof,
facility condition assessments, etc.

Professional Services Agreement prepared with
Ausonio and submitted for Council award in
August. 4 Leaf selected to provide project
management for PD Renovation and 2 resiliency
projects.

Professional Services Agreement prepared with
4 Leaf and submitted for Council award in
September.

Council awards Agreement with 4 Leaf. Comment: As these facility renovation projects are completed, the Facilities Maintenance Plan
will need to be updated. This will be a long‐term
process. Council may wish to substitute
finalizing the Facilities Maintenance Plan with a
specific renovation project(s), and come back to
the Plan at a later date once some of these
facilities are repaired.
19 Underground Utilities Rule 20A No In Progress 10% PW Notified by PG&E that approx. $900k allocation
for City project may be re‐assigned in 2023+
without an identified project and establishment
of an Underground Utilities District. On hold
until spring. Anticipated assignment for new
Project Manager hire.

Unsuccessful recruitment for Project Manager. Unsuccessful recruitment for Project Manager. Receive Statements of Qualifications from surveying consultants who could provide
underground utility district surveying and right‐
of‐way engineering documents for this project.

Unsuccessful recruitment for Project Manager. Began to update the White Paper drafted some time ago. Reviewed Very High Hazard Zone
corridors which may qualify for use of Rule 20A
undergrounding funds.

Continue working on White Paper. Continue working on White Paper. Present overview of Rule 20A program requirements, implementation steps, and
potential projects for Council direction.
20 Explore reinstatement of Design Review Board No In Progress 45% CPB Discuss with City Council at strategic retreat;
Suggest hold on creation of DRB until after
Design guidelines are adopted
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
Based on feedback from Design Tradition 1.5
(DT1.5) Community Workshop, level of Design
Review Board participation now being
considered as part of overall DT1.5 project.

Will follow the same timeline as the DT1.5
21 Explore redevelopment of the north lot at Sunset Center No Not Started 0% CPB On hold until hire of Associate Planner (Long
Range Planning)
Anticipate Associate Planner starts February orMarch ‐ To begin work on this project ASAP Associate Planner starting in April; Assignment
of this project pending direction from Council at
March 10th strategic planning meeting.

Not selected as top priority project at March
Council Retreat, will hold on starting until other
higher priority projects are completed
22 Explore opportunities for Flanders
Mansion No Not Started 0% Assist. City Admin.

On hold until spring. Anticipated assignment
for new Administration Analyst hire.

Not selected as top priority project at March
Council Retreat, will hold on starting until other
higher priority projects are completed
Target Analyst on board
23 Explore opportunities for Scout House No In Progress 25% PW/Assist. City Admin.

On hold until spring. Anticipated assignment
for new Administration Analyst hire.

SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Target Analyst on board PW Analyst on Board later than expected. RFP draft in process
RFP Completed and made public for responsive
proposals
24 Develop and implement Social Media Plan No In Progress 10% Clerk On hold until hire of City Clerk;
Position being re‐posted at higher salary range
Anticipate Clerk starts March or April ‐ To begin
work on this project ASAP
Not selected as top priority project at March
Council Retreat, will hold on starting until other
higher priority projects are completed
City Clerk started June 16, 2022 Researching Social Media Policies adopted by nearby agencies. Collected examples of policies
to use as a reference point for creating a policy
for Carmel.

City Council Strategic Priorities ‐ Currently In Process ‐ Denotes Item is on Council "Top 16" Priority List

Attachment 1
Item # Description of Project Regulatory Current Status Percentage Responsible 2021 Status January Status February Status/Forecast March Status/Forecast April Status/Forecast May Status/Forecast June Status/Forecast July Status/Forecast August Status/Forecast September Status/Forecast October Status/Forecast November Status/Forecast December Status/Forecast 1 Develop a multi‐pronged financial
strategy to address pension liability No Complete 100% Finance Task complete
2 Restructure Peninsula Messenger
Service for at‐home letter delivery No Complete 100% Finance Task complete
3 Develop Organics/Recycling Ordinance Yes Complete 100% PW Ordinance adopted. Council approved Franchise
Agreement Amendment, rates, and assignment.

MOU with Waste Management District
approved.

Education/Outreach ‐‐ Develop game plan Education/Outreach ‐ Finalize game plan, Begin outreach
Education/Outreach ‐ Finalize game plan, Begin
outreach.

Education/Outreach ‐ ongoing by new Admin
Tech hire
Task Complete. Education/Outreach will be
ongoing.
4 Prepare Climate Action/Climate Adaptation Plan Yes Complete 100% PW Vulnerability Report complete. Action andAdaptation Plan strategies and projectsidentified. GHG Emissions Forecast in progress.

Continue fine‐tuning Action and Adaptation
Strategies and Projects Lists. Review GHG
Forecast report
Complete Action and Adaptation Strategies and
Projects Lists
SELECTED AS ONE OF "TOP 16" PRIORITY
PROJECTS AT MARCH COUNCIL RETREATGHG Emissions Forecast report completed.Draft Climate Adaptation Plan prepared and Incorporated comments and completed Climate
Adaptation Plan. Continue preparation of
Climate Action Plan.

Present the Draft Climate Action and Climate
Adaptation Plans at Planning and Forest &Beach Commissions and community workshops.

Present the Climate Action and Climate
Adaptation Plans at City Council. Incorporate
Comments received from Council, Commissions,and community into final draft Plans.

Climate Committee accepts final Plans as
complete and requests adoption by the City
Council
Council adopts Climate Action and Climate
Adaptation Plans on 8/2/2022. Program moves
into Long Range Implementation Plan
Task Complete. Specific projects and initiativesfor implementation have begun and will continue for some time.
5 Forest Theater Facilities Manager No Complete 100% PW RFP issued. Proposals received and reviewed.

Pac Rep Theatre tentatively selected. Deal
points negotiated.

Drafting Lease Agreement with City Attorney's
Office. Received comments from Pac Rep. Deal
points finalized.

Complete Lease Agreement and submit for
March Council approval.

SELECTED AS ONE OF "TOP 16" PRIORITY
PROJECTS AT MARCH COUNCIL RETREAT3/1/22 ‐ Council approves Lease Agreementexpiring 6/30/2027. Includes no City subsidy,initial CIP investments of $60k by City and $25kby Pac Rep and sharing of ongoing utility and Agreement executed. Pac Rep beginsdemolition of wood stage and framing.

Wood stage reconstruction complete. Research
information and quotes for lighting box truss.

Council approves purchase of a $53,673 lighting
box truss system above the stage.

Box truss manufactured, delivered and installed
2 months ahead of schedule. Pac Reppurchases flying apparatus rigging.

Box truss structural permit signed off. Electricalmodifications made for flying rigging. Forestand Beach Commission approves Carmel Caresproposed major landscaping renovation planfor Forest Theater grounds.

Task Complete. Oversight and coordination withPac Rep will continue. 6 Review and Update Sign Ordinance Yes In Progress 100% CPB / City Attorney City Council approved ordinance. Needs to go
to Coastal Commission for LCP certification
SELECTED AS ONE OF "TOP 16" PRIORITY

PROJECTS AT MARCH COUNCIL RETREAT
Local Coastal Program (LCP) amendment to
Coastal Commission
Municipal Code Updated to reflect changes
City Council Strategic Priorities ‐ Completed

Attachment 1
Carmel-by-the-Sea
City Council Priority Project List
3/14/22
March
% Complete
Sept.
% Complete Lead
35% 50% PD
95% 100% CPB
85% 100% PW/CPB
20% 25% PW
25% 45% CPB
40% 60% CPB
50% 90% Admin.
90% 100% PW/CA
50% 90% Admin.
15% 75% PW
15% 30% CPB
0% 45% CPB
0% 25% TBD
0% 0% Admin.
20% 30% PD/CPB
10% 20% PW/Fire
"Lead" Key:

PW - Public Works
CPB - Community Planning and Building
PD - Police Department
CA - Community Activities
Admin. - City Administrator/Assistant City Administrator Develop plan to maintain natural areas (pub/priv) to reduce fire risk Explore Parking Management Program
Update Zoning Code & Design Guidelines (Residential & Commercial) Develop Telecommunication Ordinance consistent with federal law Filling vacant positions
Forest Theater Facilities Manager
Pandemic recovery (reopening, reporting, etc.)
Stormwater Ordinance update
Review barriers to construction of affordable housing
Develop Accessory Dwelling Unit (ADU) Ordinance
Explore opportunities for Scout House
Explore street addresses
Develop Forest Management Plan (FMP) and Update Tree Ordinance City Council "Top 16" Priority List
Project Description
Review opportunities for enhanced fire/ambulance service Review and Update Sign Ordinance
Prepare Climate Action/Adaptation Plan
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

August 1, 2022, Special Meeting Minutes, August 2, 2022, Regular Meeting Minutes, and August 29, 2022, Special Meeting Minutes
RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) August 1, 2022, CC Special Meeting Minutes Attachment 2) August 2, 2022, CC Regular Meeting Minutes Attachment 3) August 29, 2022, CC Special Meeting Minutes

CITY COUNCIL

SPECIAL MEETING
Monday, August 1, 2022

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 PM.

Roll Call: Council Members Baron, Ferlito, Theis, Mayor Pro-Tem Richards, and Mayor Potter were present.

OPEN SESSION

CONSENT AGENDA
Item 1: Resolution 2022-063 of the City Council of the City of Carmel-by-the-Sea Proclaiming the Continuing Need to Meet by Teleconference Pursuant to Government Code Section 54953 (e)
Consent item #1 was pulled by Council Member Baron.

Public Comment: none.

Council Member Baron said he would like all of the City Commissioners to resume inperson meetings, and therefore will be voting no.

Motion to adopt Resolution 2022-063 by Mayor Potter, seconded by Council Member Ferlito. Roll Call Vote: Council Members Baron, Ferlito, Richards, Theis, and Mayor Potter – yes.

Action: Resolution 2022-063 adopted unanimously 5-0-0-0.

CLOSED SESSION
City Attorney Brian Pierik read the closed session agenda item titles for the record.

Public Comment:

None
Item A: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (One potential case)
Attachment 1

City Council Special Meeting Minutes
August 1, 2022
Item B: CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Administrator Chip Rerig, Katy Suttorp (Burke, Williams & Sorensen), Alan Ward, Public Safety Director, Brandon Swanson, Community Planning Building Director
Employee organization: General Employees Unit, an Affiliated Unit of LiUNA; Management Employees Unit, an Affiliated Unit of LiUNA; Police Officers Association (POA)
Item C: PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Administrator

ADJOURNMENT
Council adjourned to Closed Session at 4:34 PM.

APPROVED: ATTEST:
_____________________________ _____________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1

REGULAR MEETING
Tuesday, August 2, 2022

OPEN SESSION
4:30 PM
TOUR OF INSPECTION - 3:30 PM
Mayor Potter called the tour of inspection to order at 3:30 PM.

Roll Call: Council Members Baron, Ferlito, Theis, Mayor Pro-Tem Richards, and Mayor Potter were present.

Item A: Carmel Beach Hotel and Spa - Northeast corner of San Antonio Avenue and 13th Avenue (Meet at San Antonio Side)
Tour of inspection was conducted.

OPEN SESSION

CALL TO ORDER AND ROLL CALL
Mayor Potter called the Regular Session to order at 4:30 PM.

Roll Call: Council Members Baron, Ferlito, Theis, Mayor Pro-Tem Richards, and Mayor Potter were present.

PLEDGE OF ALLEGIANCE
Council Member Theis led the pledge of allegiance.

PUBLIC APPEARANCES
Christine Hollenbeck addressed the Council regarding a cell tower meeting to discuss a cell tower Ordinance for the City. Parker Logan addressed the Council regarding delivery trucks crowding the streets past noon and parklet funding for improvements. William Smith addressed the Council regarding multiple code violations and non-permitted changes by their neighbor and urged Council to take action.

EXTRAORDINARY BUSINESS
Item A: Introduction of New City Employees
City Administrator Rerig introduced the new City employees hired within the past year.

Attachment 2

City Council Meeting Minutes
August 2, 2022
Item B: A Proclamation honoring Doug and Genie Freedman for Concours on the Avenue
Mayor Potter read the proclamation, and Community Services Director Wright accepted the proclamation on behalf of Genie Freedman.

Item C: 2022 CCCE Annual Member Agency Presentation
CCCE Director of Communications and Outreach, Catherine Steadman gave a presentation to Council regarding the CCCE annual member agency update.

Item D: Presentation on Digitizing and Scanning Records Community Planning and Building (CPB) Director Swanson gave a presentation on the scanning and digitizing of CPB records such as property files and permits, so they are accessible online to the public and preserved in digital format.

ANNOUNCEMENTS
Item A: City Administrator Announcements
None.

Item B: City Attorney Announcements
City Attorney Pierik announced that there was no reportable action from Closed Session on August 1, 2022.

Item C: Council Member Announcements
Council Member Ferlito – Spoke in recognition and memory of a Carmel unsung hero, David Shonman, who passed away recently.

CONSENT AGENDA
Council Member Ferlito pulled Consent item #2, to thank Community Planning and Building staff for their hard work enforcing the short-term rental ban in Carmel. She also thanked staff for their work on the Climate Action Plan. A member of the public pulled item #11 and made comment about the lack of events in Carmel scheduled for car week.

Motion to approve all items on Consent made by Mayor Pro Tem Richards, seconded by Council Member Ferlito. Roll Call Vote: Council Members Baron, Ferlito, Richards, Theis, and Mayor Potter – yes.

Action: Consent Agenda Items Approved Unanimously 5-0-0-0 Item 1: July 11, 2022 Special Meeting Minutes, July 12, 2022 Regular Meeting Minutes, and July 13, 2022 Adjourned Regular Meeting Minutes Item 2: June 2022 Monthly Reports
Attachment 2

City Council Meeting Minutes
August 2, 2022
Item 3: June 2022 Check Register Summary
Item 4: Resolution 2022-064 adopting the City of Carmel-by-the-Sea's Climate Adaptation Plan and Climate Action Plan
Item 5: Resolution 2022-065, authorizing the City Administrator to execute a Professional Services Agreement with Ausonio, Incorporated for Project Management Services for delivery of nine Capital Improvement Projects Item 6: Resolution 2022-066, approving an Agreement with the City of Monterey for Vehicle Maintenance Services
Item 7: Resolution 2022-067 approving a Budget Amendment of $20,395 to the Fiscal Year 2022-2023 Adopted Budget for the CalRecycle SB 1383 Local Assistance Grant
Item 8: Resolution 2022-068, approving a Budget Amendment of $150,000 to the Fiscal Year 2022/23 Adopted Budget for the Cal Fire Grant and authorizing the City Administrator to execute a Professional Services Agreement with Davey Resource Group for development of an Urban Forestry Master Plan Item 9: Resolution 2022-069 authorizing the City Administrator to execute a change order to the existing agreement with CSG Consultants, Inc. for on-call building and code compliance services increasing the not to exceed amount from $200,000 to $240,000 per the adopted FY2022-2023 Budget, and extending the term to June 30, 2023
Item 10: Adopt Resolution 2022-071 authorizing the City Administrator to establish and adopt the newly created job descriptions for Maintenance Worker I/II and Maintenance Worker III
Item 11: Resolution 2022-073 authorizing the erection of tents on public property for the 5th annual Prancing Ponies event

ORDERS OF BUSINESS
Item A: Receive an update on the Farmers' Market and adopt Resolution 2022-072 Authorizing the consumption of alcohol at the Farmers’ Market “Third Thursday" events through October 31, 2022, to be held in Devendorf Park Mayor Pro-Tem Richards recused himself for Orders of Business items A and B due to his proximity to the events being discussed and left the dais.

Community Activities Director Wright gave a presentation on the item and answered questions from Council.

Public Comment: None.

Attachment 2

City Council Meeting Minutes
August 2, 2022
Council Member Theis made a motion to approve Resolution 2022-072 as presented by staff, seconded by Mayor Potter.

Council discussion followed.

Council Member Baron made a substitute motion to approve the Resolution with the condition that the consumption of alcohol at the Farmers' Market Third Thursday Event be limited to beer and wine only. Substitute motion failed due to lack of a second.

Motion to approve the original motion by Council member Theis approving Resolution 2022-072 as presented by staff, seconded by Mayor Potter. Roll Call Vote: Council Member Baron - yes, Council Member Ferlito - no, Council Member Theis – yes, Mayor Potter – yes, Mayor Pro Tem Richards – recused.

Action: Resolution 202-072 adopted, 3-1-0-1 vote (Council Member Ferlito voting no, Mayor Pro Tem Richards recused)
Item B: Discuss and provide necessary direction the Pumpkin Roll event Community Activities Director Wright gave a presentation on the item and answered questions from Council.

Public Comment:

John Turner, Ms. Turner, spoke in favor of the Pumpkin Roll event.

Chloe and her mother spoke in favor of the Pumpkin Roll event.

Richard Kreitman and Parker Logan spoke in favor of the Pumpkin Roll event.

Motion directing staff to hold the Pumpkin Roll by Mayor Potter, seconded by Council Member Theis with the amendment to add more family events at Devendorf Park. Mayor Potter supported the amendment. Roll Call Vote: Council Member Baron - yes, Council Member Ferlito - yes, Council Member Theis, Mayor Potter – yes, Mayor Pro Tem Richards recused.

Action: Approved Pumpkin Roll event held by staff, with more family events at Devendorf Park. 4-0-0-1 (Mayor Pro Tem Richards recused) Mayor Pro Tem Richards returned to the dais at 6:15 PM.

Council took a recess at 6:15 PM, and returned at 6:25 PM.

PUBLIC HEARINGS
Council moved to hear Public Hearing Item #4 first.

Item 4: Consideration of a recommendation from the Historic Resources Board to the City Council that the City Council enter into a Mills Act Historical Property Contract MA 21-239 (Carmel Beach Hotel & Spa) with Esperanza Carmel Commercial, LLC for the historic ‘Colonial Terrace Inn’ now known as Carmel Beach Hotel & Spa located at the northeast corner of San Antonio Avenue and 13th Avenue (APN 010-286-015)
Attachment 2

City Council Meeting Minutes
August 2, 2022
Senior Planner Marnie Waffle gave a brief presentation of the item and answered questions from Council.

Public Comment:

David Fink - Applicant, addressed the Council.

Council discussion followed.

Motion to enter into a Mills Act Historical Property Contract MA 21-239 (Carmel Beach Hotel & Spa) with Esperanza Carmel Commercial, LLC for the historic ‘Colonial Terrace Inn’ now known as Carmel Beach Hotel & Spa by Mayor Pro-Tem Richards, seconded by Council Member Theis.

Roll call vote: Council Member Baron - no, Council Member Ferlito - no, Council Member Theis -yes, Mayor Pro Tem Richards - yes, Mayor Potter - yes.

Action: Motion to enter into a Mills Act Historical Property Contract MA 21-239 approved. 3-2-0-0 (Council Members Baron and Ferlito voting no) Mayor Potter and Mayor Pro-Tem Richards recused themselves due to the proximity of their homes to L'Auberge, and left the meeting at 6:58 PM.

Item 3: Consideration of a recommendation from the Historic Resources Board to the City Council that the City Council enter into a Mills Act Historical Property Contract MA 21-238 (L’Auberge Carmel) with Esperanza Carmel Commercial, LLC for the historic ‘Sundial Lodge’ now known as L’Auberge Carmel located on Monte Verde Street 2 northeast of 7th Avenue (APN 010- 191-005)
Senior Planner Marnie Waffle gave a brief presentation of the item and answered questions from Council.

Public comment:

David Fink - Property Owner, requested continuation of this item to a later date. He stated he would come back preliminary financial information if possible from the assessor’s office.

Motion to continue item to a later date by Council Member Ferlito, seconded by Acting Mayor Theis. Roll Call Vote: Council Member Baron - yes, Council Member Ferlito - yes, Acting Mayor Theis - yes. Mayor Potter and Mayor Pro Tem Richards recused.

Action: Motion to continue Mills Act Contract MA 21-238 approved 3-0-0-2 (Mayor Pro Tem Richards and Mayor Potter recused)
Public Comment re-opened:

Parker Logan addressed the Council regarding Mills Act exceptions that San Francisco adopted.

Attachment 2

City Council Meeting Minutes
August 2, 2022

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned at 7:18 PM in memory of David Shonman and Doug Freedman.

APPROVED: ATTEST:
_______________________________ _____________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 2

CITY COUNCIL

SPECIAL MEETING
Monday, August 29, 2022

OPEN SESSION
3:30 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 3:31 PM.

Roll Call: Council Members Baron, Ferlito, Theis, Mayor Pro-Tem Richards, and Mayor Potter were present.

OPEN SESSION

PUBLIC APPEARANCE
Michael McWalters addressed the Council asking if the wireless application checklists will be available to the public in advance of the September 13 City Council Meeting.

ORDERS OF BUSINESS
Item 1: Resolution 2022-070 Designating Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternative voting delegate at the 2022 annual League of California Cities Conference
Public Comment: none.

City Administrator Rerig gave a brief summary of the item, stating that approval of this Resolution will appoint Mayor Potter as the voting delegate and Mayor Pro Tem Richards as the alternate voting delegate at the Annual League of California Cities (LOCC) by Council action as required by the LOCC.

Motion to adopt Resolution 2022-070 by Council Member Ferlito, seconded by Council Member Baron. Roll Call Vote: Council Members Baron, Ferlito, Richards, Theis, and Mayor Potter – yes.

Action: Resolution 2022-070 adopted unanimously 5-0-0-0.

ADJOURNMENT
Council adjourned at 3:37 PM.

APPROVED: ATTEST:
_____________________________ _____________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Thomas Levandowski, Finance DIrector
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: July 2022 Check Register Summary
RECOMMENDATION:

Approve the check register for July 2022.

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 July.

FISCAL IMPACT:

The check register summary for July 2022 totals $2,005,610.13.

PRIOR CITY COUNCIL ACTION:

Council ratified the June 2022 check register at its August 2nd adjourned regular meeting.

ATTACHMENTS:

Attachment 1) July 2022 Check Register
July 2022 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 110 City Council
49450 Association of Monterey Bay Area Gov'ts FY22-23 Jurisdiction Membership Dues 07/14/2022 3,890.00 49465 Monterey County Auditor-Controller LAFCO Budget allocation FY 22-23 07/14/2022 16,796.08 49466 Monterey County Business Council Partner Membership FY22-23 07/14/2022 500.00 49472 Peninsula Messenger LLC Mail service sorting and delivery 07/14/2022 4,464.00 49473 Prism Public Risk Innovation Excess Workers Compensations 7/1/22-6/30/23 07/14/2022 292.02 49480 Transportation Agency for Monterey County FY 22-23 Local Agency Contribution 07/14/2022 1,274.00 49499 Carmel Chamber of Commerce Chamber of Commerce 2022 Annual Mem luncheon 07/21/2022 900.00 Total for Department: 110 City Council 28,116.10
Department: 111 City Administration
49357 Amazon Web Services Inc Data and cloud storage fees 07/13/2022 894.68 49359 AT&T Telephone service citywide FY 2021-22 07/13/2022 2,889.58 49361 Carmel Pine Cone Legal noticing 07/13/2022 240.00 49363 Comcast City Hall business cable services 07/13/2022 73.17 49365 Image Sales Employee ID Badges 07/13/2022 22.07
49366 Iron Mountain Records storage 07/13/2022 426.47
49367 Jane Wilson Reimburse for Lactation signs 07/13/2022 69.63 49375 Robert Half Temporary Payroll help services 07/13/2022 4,560.00 49377 Sprint Cell service fees, usage and purchases 07/13/2022 29.99 49381 Verizon Wireless Cell phone usage and phone purchases 07/13/2022 327.15 49383 AT&T/FirstNet PD Wireless service 07/14/2022 326.47 49394 Carmel Pine Cone Legal noticing 07/14/2022 495.00 49396 Copies By-The-Sea Agenda printing 07/14/2022 1,051.53 49403 Office Depot, Inc. Business office supplies-Adm and Finance 07/14/2022 285.03 49405 Robert Half Temporary payroll assistance services 07/14/2022 4,560.00 49407 T-Mobile Monthly cell service and purchases 07/14/2022 1,463.54 49453 Carmel Pine Cone Legal noticing 07/14/2022 90.00
49455 Corbin Willits System Financial system monthly enhancement and service fee 07/14/2022 720.79 49458 Digital Deployment Website support agreement:Maint, training, security 07/14/2022 700.00 49459 ECS Imaging, Inc LaserFiche annual renewal 07/14/2022 8,605.00 49461 Image Sales Employee ID Badges 07/14/2022 22.07
49462 InterVision Threat Prevention subscription & support services 07/14/2022 15,046.64 49469 NEOGOV Subscription 7/1/22-6/30/23 Job posting service 07/14/2022 9,008.42 49470 Netfile Annual subscription Charges for Agency Services 07/14/2022 3,200.00 49473 Prism Public Risk Innovation Excess Wrokers Compensations 7/1/22-6/30/23 07/14/2022 22,018.72 49474 Ryan Ranch Printers Envelopes, stationary, business card & BL printing 07/14/2022 553.00 49475 Springbrook Software FY22/23 accounting software subscription 07/14/2022 18,259.61 49483 Zoom Imaging Solutions, Imc. Business office copier usage fees 07/14/2022 471.89 49497 Alhambra Water service City Hall 07/21/2022 150.81 49500 Carmel Pine Cone Legal noticing 07/21/2022 255.00 49502 Comcast Business NonNGEN internet and recurring charges 07/21/2022 644.82 49505 Robert Half Temporary payroll assistance services 07/21/2022 3,648.00 49506 Ryan Ranch Printers Envelopes, stationary, business card & BL printing 07/21/2022 137.46 49509 TCS Total Compensation Systems Inc GASB 75 Auditing services 07/21/2022 675.00 49510 US Bank City Clerk Assoc membership & IT purchases & services 07/21/2022 4,661.24 49518 Office Depot, Inc. Business office supplies-Adm and Finance 07/22/2022 70.52 49521 US Bank HR ads/subscriptions, seminars, and meetings 07/22/2022 2,235.38 49523 Municipal Resource Group, LLC Professional fees/City Ambulance and Paid Parking reviews07/22/2022 6,476.96 Total for Department: 111 City Administration 115,365.64 Department: 112 City Attorney
49386 Sloan Sakai Yeong & Wong Legal services FY2021-22 07/14/2022 276.00 Total for Department: 112 City Attorney 276.00
1 Attachment 1
July 2022 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 115 Community Planning & Building
49349 Peninsula Business Interiors Office furniture 07/08/2022 13,942.60 49351 Engineered Fire Systems FY21/22 plan review services for fire plans 07/08/2022 1,687.50 49353 CSG Consultants, Inc. Building plan review services 07/08/2022 805.50 49360 Brandon Swanson Reimburse for office chairs for CPB staff following ergonmomic e 07/13/2022 2,604.19 49380 US Bank Dropbox services 07/13/2022 1,576.51
49393 Carmel Office Supply Planning Dept printing serivces 07/14/2022 3,325.02 49473 Prism Public Risk Innovation Excess Workers Compensations 7/1/22-6/30/23 07/14/2022 16,295.44 49512 Chico State Enterprises-Accts Rec Scanning & Digitizing Property Files 07/22/2022 3,009.25 49522 FedEx Shipping fees-PBD 07/22/2022 14.26
49524 One Workplace L Ferrari Office furniture design and furniture expense-PBD 07/22/2022 19,473.83 Total for Department: 115 Community Planning & Bu 62,734.10 Department: 116 Police
49358 AMRON Int. Protech Intruder G2 Tactical Ballistic Shield - 2 each 07/13/2022 6,686.62 49363 Comcast Police Dept cable services 07/13/2022 243.18 49364 Lab services PD 07/13/2022 81.00
49369 Lemos Service Inc Police Dept Auto repairs 07/13/2022 901.39 49371 MOGO Urgent Care Testing PD 07/13/2022 583.00
49372 Office Depot, Inc. Office supplies - PD 07/13/2022 225.82 49373 Pacific Gas & Electric Video cameras citywide 07/13/2022 229.54 49376 Salinas Valley Pro Squad Uniform-service clothes 07/13/2022 852.02 49378 Summit Uniforms Specialty uniform expense 07/13/2022 302.97 49387 Transunion Risk & Alterna Investigative services for PD-Monthly fee 07/14/2022 151.00 49389 Alhambra Water service Police Dept 07/14/2022 288.02 49390 Allied Universal Beach patrol 07/14/2022 2,257.08 49392 Caltronics/J.J.R Enterprises. Inc Police Dept copies usage fees 07/14/2022 207.78 49395 Carmel Towing & Garage PD-Fuel purchases 07/14/2022 5,217.00 49397 Cypress Coast Ford/Lincoln PD vehicle repairs 07/14/2022 1,222.30 49399 Lemos Service Inc Police Dept Auto repairs 07/14/2022 901.39 49400 Monterey County Animal Services Animal control services 07/14/2022 160.00 49401 Monterey County Sheriff-Coroner FY 2021-22 Criminal Justice Information System 07/14/2022 20,529.38 49406 Same Day Shred Police Dept:Shredding services 07/14/2022 45.00 49408 United Public Safety, Inc Ticketing Platform for PD:Hardware, software & support 07/14/2022 27.47 49409 US Bank PD Training - Public Safety Training Consortium fee 07/14/2022 1,938.62 49410 Veritas CVSA Truth Verification Services Professional services PD 07/14/2022 700.00 49451 California Police Chief's Association Membership through June 30, 2023 Alan Ward 07/14/2022 348.00 49456 NGEN O&M - Police 07/14/2022 7,220.00
49457 De Lage Landen Financial Police Dept copier lease 07/14/2022 169.79 49460 Hardee Investigations Poloygraph services - PD candidates 07/14/2022 300.00 49463 Law Enforcement Psychological Serv, Inc Post employement psychological assessment 07/14/2022 1,200.00 49464 Mission Linen Service Fire Dept laundry service 07/14/2022 256.56 49468 Monterey Peninsula Regional SRU SRU Yearly contribution FY 2022-23 07/14/2022 5,000.00 49473 Prism Public Risk Innovation Primary Workers Compensations 7/1/22-6/30/23 07/14/2022 101,483.53 49476 Summit Uniforms PD Uniform purchases 07/14/2022 56.88 49478 T2 Systems Canada Inc. PD:Digital iris services 07/14/2022 75.00 49479 Tracnet Corporation Annual maintenance MSP 07/14/2022 20,376.98 49481 Veritone, Inc Annual subscription-State mandated Police Contact Statistics 07/14/2022 1,500.00 49501 Comcast Police Dept cable services 07/21/2022 60.33 49503 Dooley Enterprises, Inc PD:Ammunition purchase 07/21/2022 8,102.35 49504 Office Depot, Inc. Police Dept office supplies 07/21/2022 193.33 49507 Rydin Decal Decals - PD 07/21/2022 830.08
49508 TCB Investigations Background investigations - PD 07/21/2022 1,500.00 49510 US Bank Police Dept training class fee 07/21/2022 750.00 49516 Carmel Office Supply Police Dept Shipping fees 07/22/2022 1,307.57 49517 Department of Justice/Accounting Office Fingerprinting services 07/22/2022 96.00 49520 Proforce Law Enforcement PD Gun purchase 07/22/2022 1,472.71 49521 US Bank PD Seminar expense 07/22/2022 250.00
Total for Department: 116 Police 196,299.69
Community Hospital of the Monterey
Peninsula
County of Monterey, Dept of Emerg
Communications
2 Attachment 1
July 2022 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 117 Fire
49362 City Of Monterey FY 21-22 Fire Contract monthly charges 07/13/2022 222,578.82 49370 Mission Linen Service Laundry service 07/13/2022 121.09 49385 Caltronics/J.J.R Enterprises. Inc Fire Dept copier usage 07/14/2022 11.37 49389 Alhambra Water service Fire Dept 07/14/2022 350.87 49391 Allstar Fire Equipment Inc Turnouts for new employee - 1 pant, 1 jacket 07/14/2022 2,827.36 49395 Carmel Towing & Garage Fire Dept-Vehicle repairs 07/14/2022 1,258.97 49456 Dispatch service-Amb 07/14/2022 6,059.00
49496 City Of Monterey June 2022 Fire-Amb contract 07/21/2022 11,088.88 Total for Department: 117 Fire 244,296.36
Department: 118 Ambulance
49362 City Of Monterey FY 2021-22 Ambulance Agreement-Overtime expenses 07/13/2022 22,321.00 49374 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 07/13/2022 142.07 49381 Verizon Wireless Ambulance Vehicles air cards FY 21-22 07/13/2022 1,149.54 49388 Wittman Enterprises, LLC Ambulance billing services June 2022 07/14/2022 4,285.30 49395 Carmel Towing & Garage Amb gas expense 07/14/2022 1,764.77 49454 City Of Monterey FY 2022-23 Ambulance Administration fee 07/14/2022 1,996.96 49457 De Lage Landen Financial Ambulance Copier lease 07/14/2022 71.01 49473 Prism Public Risk Innovation Excess Workers Compensations 7/1/22-6/30/23 07/14/2022 54,100.11 49498 Bound Tree Medical LLC Medical supplies 07/21/2022 417.89 Total for Department: 118 Ambulance 86,248.65
Department: 119 Public Works
49350 Iverson Tree Service Tree work as directed by City Forester 07/08/2022 3,400.00 49354 Cleve Waters Reinbursement for work boots FY 21/22 per MOU 07/08/2022 220.90 49355 Carmel Towing & Garage Fuel for PW 6/1/22 PW fuel 07/08/2022 2,995.45 49402 Municipal Resource Group, LLC Recruitment services 07/14/2022 3,600.00 49411 Ailing House Pest Control FM pest control FY 2021-2022 07/14/2022 2,400.00 49412 Alhambra PW Water Service 07/14/2022 317.64
49413 American Lock & Key Replace the faulty access & intercom systems for PD. 07/14/2022 4,412.52 49414 Applied Marine Sciences ASBS watershed sampling FY 2021-2022 07/14/2022 6,270.00 49416 Caltronics/J.J.R Enterprises. Inc Copier lease 07/14/2022 101.37 49417 Carmel Area Wastewater District Restaurant incpections FY 2021-2022 07/14/2022 3,423.64 49418 Carmel Towing & Garage Fuel for June City Vehicles - June Fuel 07/14/2022 3,065.28 49419 Chemtek, Inc 10 Gallons of Pave Pro asphalt release agent 07/14/2022 429.22 49420 Chico State Enterprises-Accts Rec PM for web server 6/30/22 07/14/2022 1,500.00 49421 Cintas Corp 2 (First Aid) Restock of first aid supplies at City facilities 6/23/22 07/14/2022 333.68 49422 Cintas Corporation Uniforms for PW FY 2021-2022 07/14/2022 168.13 49423 De Lage Landen Financial PW copier maintenance FY 21-22 07/14/2022 421.06 49424 Dudek Environmental support: Drainage & erosion control plan reviews 07/14/2022 3,555.00 49425 Edges Electrical Group FM electrical supplies FY 2021-2022 07/14/2022 141.39 49426 Ennis-Flint Inc 7 cases of 12" thermoplastic 07/14/2022 1,216.64 49427 Ferguson Enterprises, Inc. FM plumbing supplies FY 2021-2022 07/14/2022 1,223.86 49428 Florence Filter Corp Citywide MERV filtration system filters. 07/14/2022 3,652.62 49429 Golden State Portables Monthly rental at FT. fo April 2022. 5/1/22 07/14/2022 1,723.50 49430 Granite Construction Company Hot mix berms 5/5/22 07/14/2022 731.44 49431 Granite Rock Company Supplies FY 2021-2022 07/14/2022 1,114.94 49432 Green Valley Landscape Inc. troubleshoot water feature 6/20/22 07/14/2022 2,866.85 49433 IWORQ Tree permit management. 6/1/22 07/14/2022 3,522.00 49435 Lakeside Nursery Trees for Ocean Median Islands 96642 07/14/2022 1,148.47 49436 M & S Building Supply PW/FM supplies 4/27/22 07/14/2022 11.62 49437 Marina Backflow Company FM backflow repairs FY 2021-2022 07/14/2022 65.00 49438 Mirage Window Cleaning Window cleaning at city buildings 6/16/22 07/14/2022 650.00 49439 MJ Murphy Lumber and Hardware Fence repair at Toprres and 1st 6/22/22 07/14/2022 148.53 49440 Monterey Peninsula Engineering Emergency sand redistributution at Del Mar 07/14/2022 9,127.72 49443 Ross Roofing Inc Roof repairs at PBL 07/14/2022 3,784.00 49444 Save The Whales Recycling outreach 07/14/2022 5,000.00 49445 Scarborough Lumber & Building PW Supplies FY 2021-2022 07/14/2022 359.10 49446 Sentry Alarm Systems HML Alarm monitoring 6/15/22 07/14/2022 375.00 49447 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 07/14/2022 7,802.50 49448 US Bank Training and supplies for PW-RC-1816 07/14/2022 758.59 49473 Prism Public Risk Innovation Excess Workers Compensations 7/1/22-6/30/23 07/14/2022 69,959.77 Total for Department: 119 Public Works 151,997.43
County of Monterey, Dept of Emerg
Communications
3 Attachment 1
July 2022 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 120 Library
49467 Monterey County Pops! 4th July advertising 07/14/2022 1,523.50 49471 Pacific Grove Self Storage Storage Unit - Document storage 07/14/2022 307.00 49473 Prism Public Risk Innovation Primary Workers Compensations 7/1/22-6/30/23 07/14/2022 16,242.08 Total for Department: 120 Library 18,072.58
Department: 121 Community Activities
49393 Carmel Office Supply Farmers' maket no dog posters/embroidery on 12 aprons 07/14/2022 501.98 49473 Prism Public Risk Innovation Excess Workers Compensations 7/1/22-6/30/23 07/14/2022 5,341.33 Total for Department: 121 Community Activities 5,843.31 Department: 122 Economic Revitalization
49452 Carmel Chamber of Commerce Visitor Center operations support-current year 07/14/2022 30,250.00 49477 Sunset Cultural Center Inc. Current fiscal year Operating Grant Q1 22-23 07/14/2022 187,500.00 49482 Visit Carmel City - Marketing and development July-Sept 2022 07/14/2022 30,000.00 Total for Department: 122 Economic Revitalization 247,750.00 Department: 130 Non-Departmental
49373 Pacific Gas & Electric Citywide gas & electric services 07/13/2022 37.71 49382 Alliant Insurance Services FY 2021-22 Liability Policy premiums 07/14/2022 3,700.00 49404 Pacific Gas & Electric Citywide gas & electric services 07/14/2022 1,169.24 49449 Alliant Insurance Services Liability Policy premiums:ACIP Crime Renewal 07/14/2022 2,002.35 49473 Prism Public Risk Innovation Optional Excess Liability Program 7/1/22-6/30/2023 07/14/2022 705,820.00 49519 Pacific Gas & Electric Citywide gas & electric services 07/22/2022 13,060.73 Total for Department: 130 Non-Departmental 725,790.03
Department: 311 Capital Projects
49424 Dudek MTNP improvements 07/14/2022 9,407.23
49434 John Ley's Tree Service Tree work as directed by City Forester 07/14/2022 3,180.00 49441 Native Solutions North Dunes Restoration Project 07/14/2022 1,500.00 Total for Department: 311 Capital Projects 14,087.23
Department: 411 Debt Service
49456 County NGEN debt service 07/14/2022 16,753.00
Total for Department: 411 Debt Service 16,753.00
Department: 513 Veh & Equip Replacement
49368 L3Harris Technologies Inc. CIP Replace radio antenna Carmel PD 07/13/2022 58,558.01 49398 L3Harris Technologies Inc. CIP Replace radio antenna Carmel PD 07/14/2022 491.63 49415 Cal Coast Electric, Inc Park Branch Library generator replacement 07/14/2022 19,479.37 49442 Pacific Coast Trane Controls Sunset Center HVAC Controls Upgrade 07/14/2022 13,451.00 Total for Department: 513 Veh & Equip Replacement 91,980.01 Grand Total 2,005,610.13
Schedule of Contract Payments - July
Contract Amt Paid thru July Contract Balance
$ 61,270.00 122,000.00 $
$ 2,670,945.84 2,670,946.00 $ Fire admin services
$ 62,176.15 65,000.00 $
$ 121,024.08 160,000.00 $
$ 43,758.67 70,000.00 $
$ 26,179.00 38,840.70 $
$ 194,000.64 204,000.00 $
$ 45,167.75 50,500.00 $
$ 50,600.92 75,000.00 $
$ 21,516.25 22,820.00 $
4Leaf Inc. 507.75 $ 24,491.25 24,999.00 $ $
Tope's Tree Service 2,823.85 $
West Coast Arborists 38,975.92 $
J4 Systems 12,661.70 $
Pureserve 9,999.36 $
Rincon 5,332.25 $
Dudek 24,399.08 $
LSA Associates
$ 60,730.00
City of Monterey 0.16 $
John Ley's Tree Service 26,241.33 $
$ 1,303.75
Vendor
Pen Messenger
4 Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: July 2022 Monthly Reports
RECOMMENDATION:

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:
1) Community Planning and Building Department Reports
2) Police, Fire, and Ambulance Reports
3) Public Records Act Requests
4) Public Works Department Reports
(There were no contracts logged for July, 2022)
FISCAL IMPACT:

N/A
PRIOR CITY COUNCIL ACTION:

Monthly review and approval.

ATTACHMENTS:

Attachment 1) Community Planning and Building Department Reports Attachment 2) Police, Fire, and Ambulance Reports
Attachment 3) Public Records Act Requests
Attachment 4) Public Works Monthly Report

CITY OF CARMEL-BY-THE-SEA
Monthly Report

Community Planning and Building Department
JULY 2022 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:

In July 2022, 28 planning permit applications were received.

II. BUILDING PERMIT APPLICATIONS:

In July 2022, 31 building permit applications were received.

III. CODE COMPLIANCE CASES:

In July 2022, 8 new code compliance cases were created.

IV. TRANSIENT RENTAL COMPLIANCE CASES:

In July 2022, 3 new code compliance cases were created.

V. ENCROACHMENT PERMIT APPLICATIONS:

In July 2022, 24 encroachment permit applications were received.

VI. YEAR-TO-DATE TRENDS
Table 1 includes the following July 2022 totals: planning and building permit applications, code compliance and transient rental compliance cases, and encroachments. July 2022 totals are provided alongside July 2021 totals for comparison.

Compared to the same time period in the year 2021, Table 1 denotes the following percentage changes in the year 2022:
• Planning Permit Applications – 5.64% decrease
• Building Permit Applications – 14.97% decrease
• Code Compliance Cases – 204.26% increase
• Transient Rental Compliance Cases – 666.67% increase
TO: Honorable Mayor, Council Members, and City Administrator Chip Rerig

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: September 6, 2022
APPROVED BY: Brandon Swanson, Community Planning and Building Director Attachment 1
• Encroachment Permit Applications – 9.09% decrease
Table 1. Permit Application Totals PLANNING BUILDING CODE

COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE

ENCROACHMENTS
2021 Totals 266 334 47 3 165
2022 Totals 251 284 143 23 150
% Difference -5.64% -14.97% +204.26% +666.67% -9.09%
Attachment 1
Page: 1 of 4
Planning Permit Report
07/01/2022 - 07/31/2022
Permit # Permit Type Project Description Address/Location Date Received
Date
Approved
Status
22251 Design Study (N) Roof, highest ridge line height increases by

0.3', other lower roof lines by 0.5'. (N) Garage
with chamfered corners to avoid tree branch,
new garage height from 108.80 to 111.19.

MasterBed ext. wall changes from Board&Batt
to Stone (match existing). Chimney enlarges
from 1 '1 0"x1 '1 0" to 3'x3' per manufacturer.

Lower finish floor lowers from 89.96 to 89.61.

BBQ screen changes from Stucco to
Board&Batt. New wood decks & steps to
match existing.

Carmelo St. 5NW
of Ocean Ave.
7/29/2022 In Review
22250 Historic Determination Historic Determination Monte Verde 2 NW of 8th
7/28/2022 In Review
22249 Sign Install one set of non illuminated FCO's Ocean Avenue & Mission Street
7/26/2022 In Review
22248 Closed
22247 Design Study REV 4. SHEET Al.2: ADD 4' X 9'-9" SKYLIGHT TO KITCHEN ROOF (NOT VISIBLE FROM STREET;
ADD 3' X 3' SKYLIGHT TO BR l BATH AT EAST
SIDE OF ROOF; BLACKOUT SHADES ON BALL
SKYLIGHTS. REV 4. SHEET A2.2: DELETE
WINDOW 25 IN BATH I, SE CORNER. NOTE:

OTHER REDLIN ES OON SHEET A2.2 ARE

PREVIOUSLY APPROVED REVISIONS W/ DESIGN
STUDY.

Casanova St 7
NW of Ocean
Ave
7/26/2022 In Review
22246 Historic Evaluation Historical evaluation in association with DS 22- 198
3009 Lausen
Drive
7/25/2022 In Review
Page: 2 of 4
22245 Design Study Install a 12' wide x 8' deep x 7' 10" tall shed at the back of the property on top of an existing
concrete pad (which needs to be expanded
such that there is 3 feet of setback to the fence
line.) The shed will be painted to match the
existing exterior colors of the house: beige
with dark green trim. The roof will be
composite but upgraded to look like cedar
shake with a 6-inch overhang.

Vizcaino 12 SW
of Mountain
View
7/24/2022 In Review
22244 Design Study Change window and door schedules, addition of a new in-ground spa.

Lincoln 5 SW of
10th
7/22/2022 In Review
22243 Sign Installation of new hanging sign for Cafe Dal Mare
Dolores 4 SE of
Ocean
7/21/2022 In Review
22242 Historic Evaluation Part of DS 22-195 - exterior updates to SFR 13th Ave 2 SE Mission St
7/20/2022 In Review
22241 Design Study Replace existing overhead garage door with new carriage style door (swing out). Color
preference is same as stained siding or same as
current garage door paint.

Camino Real 3 SE
of 4th
7/18/2022 In Review
22240 Design Study Modification to previously approved front window.

San Antonio 5 SE
of 8th
7/19/2022 In Review
22239 VOID, OUTSIDE OF JURISDICTION Closed
22238 Design Study Full interior remodel. New doors and windows.

Paint exterior.

Fraser Way 2 NE
of Camino Real
7/18/2022 In Review
Page: 3 of 4
22237 Design Study EXISTING STRUCTURES INCLUDE: (1) ONESTORY 1,360 SQFT SHINGLE-STYLE HOME AND (1) 240 SQFT DETACHED GARAGE. PROPOSED
WORK INCLUDES: REMODEL OF (1) EXISTING

BATHROOM, ENTRY, & ADDITION OF NEW

BEDROOM AND ENTRYWAY AT INNER
COURTYARD (158 SQFT OF NEW CONDITIONED
SPACE TOTAL). (4) NEW WINDOWS, (1) NEW
SKYLIGHTS, (2) NEW EXTERIOR DOORS AND (4)
INTERIOR DOORS . ALL NEW EXTERIOR

BUILDING ELEMENTS AND MATERIALS TO
MATCH EXISTING. WORK TO INCLUDE
ELECTRICAL, PLUMBING, & MECHANICAL. NO
INCREASE IN OVERALL HEIGHT.

SANTE FE 3NE OF
SECOND
7/15/2022 In Review
22236 Design Study 2ND FLOOR INTERIOR REMODEL THAT
CONSISTS OF COMBINING AN EXISTING 942 s.f.

ONE BEDROOM APARTMENT AND A 479 s.f.

STUDIO INTO ONE (1421 s.f.) TWO BEDROOM
APARTMENT.

San Carlos
Street, 3 NE of
5th
7/14/2022 In Review
22235 Design Study Revision to originally approved design study 21-220 for additional door and window
changes.

Santa Rita 3 NE
of 3rd
7/13/2022 In Review
22234 Historic Evaluation Historic Evaluation of project consisting of a renovation and addition to SFR.

Santa Rita 2 NW
of 4th
7/11/2022 Corrections
Required
22233 Design Study FULL REMODEL OF THE EXISTING HOUSE.

ADDITION OF A 155 SQ/FT. SUBTERRANEAN

LEVEL ALONG WITH AN ADDITION TO THE
MAIN FLOOR OF 173 SQ/FT. AND A NEW 160
SQ/FT. DECK. INCLUDES NEW KITCHEN AND
TWO NEW BATHS + NEW HVAC, PLUMBING
AND ELECTRICAL.

Lobos Street 2
northwest of 2nd
Street
3/7/2022 In Review
22232 VOID Closed
Page: 4 of 4
22231 Design Study Remove 115 sf existing square foot of deck to be considered conforming. Remove and
replace deck and add square footage to square
end of deck.

Dolores 2 NE of
3rd
7/5/2022 In Review
22230 Lot Merger Merge two lots to build one single-family home across both lots
Dolores St 3 NW
of 13th
7/5/2022 In Review
22229 Historic Evaluation Replacement of existing wood entryway landing and steps to match
Camino Real 2
NE of 13th
Avenue
6/27/2022 In Review
22228 Design Study REVISE PREVIOUSLY APPROVED DESIGN STUDY PERMIT DS 20-339 FOR AN ADDITION AND

REMODEL TO AN EXISTING SINGLE FAMILY
RESIDENCE (HISTORIC). DEMOLISH EXISTING
ROOF FRAMING/ SHINGLES AND RECONSTRUCT ROOF TO MATCH EXISTING.

CASANOVA 4 SE
OF 9TH AVENUE
7/2/2022 In Review
Total Records: 24 8/5/2022
Page: 1 of 5
Building Permit Report
07/01/2022 - 07/31/2022
Permit # Date Submitted Date Approved Project Description Valuation Permit Type Property Location 220284 7/29/2022 8/2/2022 Remove (e) brown comp shingles and replace with new Malarkey Highlander brown comp
shingles. Contact: Premo Roofing (831) 443-
3605
25,980 Roofing Torres 4 NE of 3rd
220283 7/29/2022 7/29/2022 Repair Carmel stone landing by removing existing landing and installing new in same
location and size. Contact: Mahoney Masonry
Inc (831) 277-0013
0 Exempt Work SW Corner of
Carmelo & 10th
220282 7/29/2022 7/29/2022 Sand, prep, stain, and paint fascia, beams, and plywood. Contact: Luxury Custom Painting
(831) 884-8876
0 Exempt Work 26173 Dolores
220281 7/29/2022 8/1/2022 Route cooling water piping from pump to sanitary drain to prevent water overflow.

General pump maintenance.
2,600 Plumbing NE Corner of San
Carlos & 10th
220280 8/1/2022 Remodel and addition to an existing SFR 1,200,000 Building Scenic 3 NE of 13th Page: 2 of 5
220279 7/28/2022 7/29/2022 Paint exterior of house. EXTERIOR SIDING Brand: Benjamin Moore
Color: Mill Springs Blue HC-137
Finish: Exterior Matte Finish

DOOR AND WINDOW CASING
Brand: Benjamin Moore
Color: Chantilly Lace OC-65
Finish: Satin

EXTERIOR SIDE OF DOORS AND WINDOW
FRAMES
Brand: Benjamin Moore
Color:

Finish: Satin Contact: Vega Construction (415)
517-4637
0 Exempt Work Junipero 5 NE of
2nd
220278 VOID DUE TO DESIGN STUDY SUBMISSION 0 BP Revision 220277 VOID DUE TO DUPLICATE SUBMITTAL 0
220276 7/28/2022 Tear off (e) shake roof & install CertainTeed Landmark TL shingles over 15 lb felt & OSB
plywood. Contact: Williams Roofing Co (831)
758-2749
16,000 Roofing Casanova 3 NE of
8th
220275 7/28/2022 Full Interior/Exterior Remodel 400,000 Building San Carlos 7 SW of 13th
220274 7/25/2022 7/25/2022 Remove (e) wood shakes and replace with new CertainTeed Landmark TL Shingles in color
Country Gray. Reroof house and garage.

Contact: Rachel Premo (831) 443-3605
35,000 Roofing Casanova 5 NE of
13th
220273 7/22/2022 7/22/2022 Exploratory demolition to determine structural details. Contact: Kevin Raph (831) 595-1414
5,000 Building NW Corner San
Antonio & 9th
Page: 3 of 5
220272 7/22/2022 7/22/2022 Plaster two fireplaces, replace a new toilet in the same location as a the existing, new
wardrobe cabinetry, new book case in master
bedroom, new closet doors to replace old,
paint portion of interior. Contact: Curt Going
Construction (831) 915-9625
0 Exempt Work NW Corner of
Lobos & 4th
220271 7/22/2022 7/22/2022 Replace rotten wood fence on existing sideyard interior fence. Fence is located outside of front setback and will replace approx 12'.

Contact: Mike Saparov (650) 888-9251
0 Exempt Work San Antonio 3 SE
of 3th
220270 7/21/2022 7/21/2022 Repair brick planter box along 3rd Ave.

Material will be reusing existing bricks to repair
missing sections of 2' wall bordering walkway.

Contact: Stowe Contracting (831) 884-0732
0 Exempt Work SW Corner of
Junipero & 3rd
220269 7/21/2022 Repair water damage in 40 sf bathroom, rewire entire house and garage to eliminate knob and
tube wiring. Contact: DKI (831) 899-3938
10,000 Building 1st 2 NW of Torres
220268 7/20/2022 Remodel and 18 sf addition to an existing guest house.
20,000 Building 26106 Ladera Dr
220267 7/20/2022 Installation of 19 KW Generac natural gas generator. Contact: Searle Electric (831) 373-
2411
7,500 Electrical NW Corner of
Monterey & 2nd
220266 7/20/2022 Enclose 63 SF deck area to create a sitting room. Related door window and roof changes.
48,000 Building Casanova 3 NW of
9th
220265 7/19/2022 Construct a new 266 SF ADU on North-east corner of property. Contact: Gansek Inc (510)
486-1280
53,200 Building Monte Verde 2 NE
of Santa Lucia
220264 7/19/2022 7/21/2022 Removal of wall between kitchen & living room to install an island, remodel kitchen. Contact:

Wright Brothers Builders Inc (510) 943-7495
67,342 Building San Carlos 3 NE of
13th
220263 7/15/2022 Installation of 6.4 KW PV system with 16 modules and powerwall. Contact: Tesla (408)
482-6337
28,000 Electrical Dolores 4 SW of
1st
Page: 4 of 5
220262 7/13/2022 7/15/2022 Exterior painting in one of four authorized colors, excluding Swiss Coffee. Contact: Will
Ray (650) 814-3222
0 Exempt Work 25905 Junipero
Ave
220261 7/14/2022 Install 4 ductless systems at 4 locations.

Conference room, upper level office, Trading
room and executive suite.
35,308 Mechanical San Carlos 3 SW of
5th
220260 7/13/2022 8/4/2022 Installation of can lighting for lighting upgrades.

Contact: Malachi Boyce Construction (650)
388-6789
25,000 Electrical San Carlos Square,
Unit 2
220259 7/13/2022 Install store-front cabinetry and other misc superficial shelving to provide store front
aesthetics. No sheetrock removal, plumbing,
ground disturbance, or exterior changes.

Contact: Malachi Boyce Construction (650)
388-6789
0 Exempt Work San Carlos Square,
Unit 2
220258 7/12/2022 7/13/2022 Remove (e) black fiberglass shingles and replace with (n) CertainTeed Presidential TL
fiberglass shingles in color Shadow Gray.

Contact: Premo Roofing Co (831) 443-3605
22,850 Roofing Carpenter 4 SE of
3rd
220257 7/12/2022 8/1/2022 Installation of a new lighting box truss system.

Contact: Stages Unlimited (408) 640-0138
0 Building NE Corner of Santa
Rita & Mountain
View
220256 7/11/2022 7/28/2022 Tear off (e) roof and install CertainTeed Presidential TL Shake shingles over 15 lb. felt &
OSB plywood. Contact: Williams Roofing Co
(831) 758-2749
19,000 Building Perry Newberry 3
SW of 4th
220255 7/11/2022 7/20/2022 Remove 350sf of (e) palletized wood decking and install new 50 mil Durolast membrane at
deck area only. Reinstall wood decking as
originally installed over 50 mil Durolast.

Contact: Scudder Roofing (831) 384-1500
9,236 Building NE Corner of
Torres & 10th
Page: 5 of 5
220254 7/8/2022 RENOVATION OF ALL GUEST ROOMS. NEW
FINISHES, FIXTURES AND ACCESSORIES.

RENOVATION OF PUBLIC SPACES WITH NEW

FINISHES, FIXTURES, ACCESSORIES, OFFICE AND

ROOM SWAP IN LOBBY AREA
4,500,000 Building SW Corner of
Camino Real & 8th
Total Records: 31 8/5/2022
Page: 1 of 1
Code Compliance Report
07/01/2022 - 07/31/2022
Case # Case Type: Status Location Problem Description Date Received Date Closed 22143 Property Maintenance Open same Second floor balcony in danger of collapse
7/29/2022
22142 Health and Safety Code
Violation
Closed San Antonio 2 SW 4th Trash Cans not screened 7/11/2022 7/11/2022 22141 Planning Violation Closed Forest 4 SW of Ocean Unpermitted construction 7/6/2022 7/6/2022 22140 Building Violation Open NWC Monterey and 2nd Generator installation 7/6/2022 22139 Property Maintenance Closed Monte Verde 2 SW 2nd Unkempt work site 7/5/2022 22138 Short-term Rental Potential STR
identified
Transient Rental 7/5/2022
22137 Planning Violation Open Ocean 3 SE of San Carlos Sign Violation 7/1/2022 22136 Right of way Violation Closed Crespi 10 SE of Mountain View
Portable toilet in ROW 7/5/2022 7/6/2022
Total Records: 8 8/5/2022
Page: 1 of 2
Transient Rental Report
01/01/2022 - 07/31/2022
Case # Street Status Date Received Last Status Date Date Closed 22151 Forest 1st NOV sent 7/21/2022 7/22/2022
22146 Carmelo 1st NOV sent 7/20/2022 7/20/2022
22138 Casanova Potential STR identified 7/5/2022 7/5/2022 22134 Junipero Closed 6/28/2022 8/3/2022 8/3/2022
22133 Junipero 1st NOV sent 6/27/2022 7/1/2022
22132 Valley Way Closed 6/24/2022 7/5/2022 7/5/2022
22103 Dolores Closed 5/24/2022 5/26/2022 5/26/2022
22098 Santa Rita Closed 5/25/2022 7/20/2022 7/20/2022
22097 Carmelo Closed 5/22/2022 6/21/2022 6/21/2022
22096 Mission Closed 5/22/2022 7/5/2022 7/5/2022
22091 Junipero Closed 5/15/2022 6/21/2022 6/21/2022
22090 Dolores Closed 5/15/2022 7/6/2022 7/6/2022
22070 Junipero Closed 4/12/2022 6/24/2022 6/24/2022
22068 N Carmelo Closed 4/6/2022 5/3/2022 5/3/2022
22067 N San Antonio Closed 4/5/2022 5/10/2022 5/10/2022 22063 Carmelo Closed 3/22/2022 5/15/2022 5/15/2022
22062 Casanova Closed 3/17/2022 3/17/2022 4/20/2022
22042 San Carlos Closed 2/22/2022 4/5/2022 4/5/2022
22039 Ocean Closed 2/15/2022 4/4/2022 4/4/2022
22033 Dolores Closed 2/10/2022 2/10/2022 2/10/2022
22024 Dolores Closed 2/3/2022 2/10/2022 2/11/2022
22013 Junipero Closed 2/1/2022 4/11/2022 4/11/2022
22007 Lopez Closed 1/11/2022 3/15/2022 3/15/2022
Page: 2 of 2
Total Records: 23 8/5/2022
Page: 1 of 3
Encroachment Permit Report
07/01/2022 - 07/31/2022
Permit # Permit Type Date Submitted Project Description Property Location Date Issued Status 220152 Temp Ench 7/29/2022 Installation of temporary (1 year or less) handrail on public property for fall protection at the
property boundary. Contact: Lyle Coe (209) 403-
8186
Monte Verde 4
NW of 9th
In Review
220151 Temp Ench 7/28/2022 New pedestrian gates and rebuilding portions effected by demo to match existing site walls.

Includes but is not limited to demo, new footings,
stone wall, wall caps, cleaning existing walls, and
grouting site walls.

NE Corner of San
Antonio & Ocean
In Review
220150 Temp Ench 7/28/2022 PG&E to replace pole and trim tree. PM# 35360596. Contact: PG&E (831) 713-6019
NW Corner of
Jane Powers &
Lopez
In Review
220149 Temp Ench 7/28/2022 PG&E pole replacement and trim tree. PM #35363573. Contact: PG&E (831) 713-6019
Dolores 2 NW of
3rd
8/1/2022 Issued
220148 Temp Ench 7/28/2022 Temporary art installation of fiberglass hearts in downtown Carmel. Contact: Ashley Stoddard
(831) 624-3877
Downtown
Carmel
8/1/2022 Issued
220147 Temp Ench 7/28/2022 Repair AC patch on Torres St, 10'x6'. Contact:

Conner Schivo (831) 277-0137
92' south of 1st
ave on Torres
7/29/2022 Issued
220146 Temp Ench 7/28/2022 Reapr AC Patch in Street, (1) 1'x1', (1) 8'x4'.

Contact: Conner Schivo (831) 277-0137
Dolores St,
Between 1st and
2nd Ave
7/28/2022 Issued
220145 Temp Ench 7/22/2022 POD delivery and loading. Contact: Delyse Henning (703) 402-8571
Torres 7 SW of
10th
7/28/2022 Issued
Page: 2 of 3
220144 Temp Ench 7/21/2022 Cut asphalt and dig 5'x5' bell hole over sewer main. Replace approx 40', work to be done on
street and property. CONDITION: PALOUS MUST

REMAIN OPEN AT ALL TIMES FOR EMERGENCY
VEHICLE ACCESS. Contact: JD's Plumbing (831)
394-3100
Palou 2 SE of 2nd 7/28/2022 Issued
220143 Temp Ench 7/20/2022 PG&E to trench and backfill all 5'x5' bellhole.

PG&E to abandon existing gas service. PM
#35355622. Contact: PG&E (408) 478-1894
San Antonio 2 NE
of 13th
7/28/2022 Issued
220142 Temp Ench 7/19/2022 PG&E to trench and backfill all, PG&E to abandon existing gas service. PM# 35355378. Contact:

PG&E (408) 478-1894
Carmelo 4 NW
Ocean
7/19/2022 Issued
220141 Temp Ench VOID
220140 Temp Ench 7/20/2022 ATT Job # A02DW3X, requires accessing SB, MH, and Aerial placement, splicing fiber through
existing cable
Mission & San
Carlos from 7th
to 8th
In Review
220139 Temp Ench 7/19/2022 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
Lobos 2 NW of
3rd
7/19/2022 Issued
220138 Temp Ench 7/19/2022 Replace sewer line. Contact: JT Plumbing Inc (831) 632-0139
5th 2 NW of San
Carlos
7/20/2022 Issued
220137 Temp Ench 7/15/2022 PG&E to install second case ground, install one more set of barrier posts and vis strip.

CONDITION: COORDIANTE WITH PUBLIC WORKS
FOR PARKING STALL RESERVATIONS. PM#
45356784. Contact: PG&E (831) 713-6019
SE Corner of 7th
& Junipero
7/19/2022 Approved
220136 Temp Ench 7/15/2022 PG&E to excavate 4'x5' bellhole for gas maintenance. PM #45356896. Contact: PG&E
(408) 510-1660
Intersection of
Dolores & 2nd
7/15/2022 Issued
220135 Temp Ench 7/15/2022 Sewer lateral replacement. Contact: Easy Drains Plumbing (831) 521-6882
Torres 5 NE of
8th
7/15/2022 Approved
220134 Temp Ench 7/8/2022 PG&E to replace crossarm. PM# 31607405.

Contact: PG&E (408) 478-1894
2nd & Casanova 7/11/2022 Approved
Page: 3 of 3
220133 Temp Ench 7/8/2022 PG&E to excavate (2) 4'x5' bellhole to replace gas service. PM# 35348696. Contact: PG&E (408) 510-
1660
Mission 2 NW of
6th
7/11/2022 Issued
220132 Temp Ench 7/8/2022 PG&E to replace insulator, adjust conductor & install missing high sine (overhead electrical
maintenance). PM# 31607314. Contact: PG&E
(408) 478-1894
San Antonio 3 NE
of 4th
7/11/2022 Issued
220131 Temp Ench 7/6/2022 PG&E to replace electrical facilities (transformer replacement). Betterment: upgrade distribution
system. PM# 35328794. Contact: PG&E (408) 478-
1894
Torres 2 SE of 1st 7/11/2022 Approved
220130 Driveway 7/5/2022 Repave (e) asphalt approach with new asphalt approach. CONDITION: NOT TO EXCEED WIDTH
OF DRIVEWAY, 11'5".

Camino Real 4
SW of 13th
7/8/2022 Issued
220129 Temp Ench 7/5/2022 Authorization for one reserved space in front of construction site for equipment and access.

CONDITION: PARKING AREA TO BE RESERVED
FROM 8 - 6:30, MONDAY - SATURDAY. PARKING

TO BE AVAILABLE OUTSIDE OF CONSTRUCTION
HOURS. Contact: Matthew DeMars (831) 877-
0513
Mission 4 NE of
10th
7/5/2022 In Review
Total Records: 24 8/5/2022

CITY OF CARMEL-BY-THE-SEA
Monthly Report
July 2022
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Alan Ward, Public Safety Director
SUBMITTED DATE: August 22, 2022
APPROVED BY: Chip Rerig, City Administrator

AMBULANCE REPORT
Summary of Carmel Fire Ambulance July 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 July 2022 the ambulance met the performance measure. The response time was 96.87% with (1) code-3 call over 5 minutes.
32 Calls for service in CBTS Average response time: 3:04 min. 32 Code 3 calls for service –One call was over 5:00 min. with a 3:04 min average response. 07/05/22; 2:13 am; (5:14 min); 4
th Ave /Santa Fe St

MONTEREY FIRE REPORT
Summary of Monterey Fire July 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 July 2022 the fire department was met the performance measure. The response time was 100% with (0) code-3 calls over 5 minutes.
16 total calls for service in CBTS Average response time: 3:06 min. 10 total Code-3 calls – There were no responses over 5:00 min.

BEACH FIRES
There were 15 illegal beach fires recorded during the month of July 20/22.

Attachment 2
Police Report Request Log – July 2022
City Clerk PRA Log – July 2022
Attachment 3

CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Works Department Report
July 2022
Climate Committee Special Meeting of July 7, 2022
 Reviewed final edits made to the draft Climate Adaptation Plan and Climate Action Plan, accepted the Plans as complete, and requested the Plans be adopted by the City Council in August.

City Council Special Meeting of July 13, 2022
 Adopted Resolutions 2022-054, relisting streets partially funded by SB 1 to be paved into Fiscal Year 2022/23, and 2022-060 amending the adopted Capital Improvement Plan for FY 2022/23 to correct the Concrete Streets project description to meet California Transportation Commission standards.  Adopted Resolution 2022-055, approving three change orders with Cal Coast Electric, in the amount of $19,480, for extra work associated with construction of the Park Branch Library Generator project.  Adopted Resolution 2022-058, awarding a Professional Services Agreement to Wallace Group for $192,775 for Project Management for four, civil engineering-oriented capital improvement projects.  Adopted Resolution 2022-059, authorizing the purchase of a Ravo 5E electric street sweeper from Municipal Maintenance Equipment for $563,814 less a rebate of $250,000 from 3CE. Issued PO.

Forest and Beach Commission Meeting of July 14, 2022
 Denied a tree pruning permit for a major oak tree branch conflicting with a carport at the northeast corner of Junipero Street and Eighth Avenue.
 Approved a tree removal permit for a pine tree causing moderate damage to a house on San Carlos Street, 3 northeast of Second Avenue.
 Following Tour of Inspection, Carmel Cares was granted approval for upgrading edging around landscaped islands along the Scenic Pathway with more substantive Carmel stones.  Presented the results of the Scenic Pathway Bench Survey and guided recommendations for additional benches to the Planning Commission. Tentatively, F&B Commission recommendations will include:
zero additional benches, if more benches, prefer variety of styles with emphasis on redwood backing, place new benches on the Ocean side of the Pathway in clusters of no more than two, and request that the Bench Policy be updated and a draft reviewed by the F&B Commission.

Traffic Safety Committee Meeting of July 20, 2022
 Reviewed the success of the new, stop-controlled intersection at Junipero Street and Seventh Avenue, and despite non-injury accidents by inattentive drivers, no changes were suggested. A trial crosswalk, across Seventh, but just west of the Stop bar, will be installed between the ADA ramps at the northwest and northeast corners, accompanied by pedestrian crossing signs and Police monitoring. This crosswalk will be reviewed at the next Committee meeting.  Approved a pilot project to modify the sidewalk crossings of Carmelo Street, just north and south of Ocean Avenue, using crosswalks, signage, visibility pruning, boulders, and/or other measures as appropriate. Information from pilot project to be shared with engineering firm who will be designing the Concrete Street Repairs, including bike path along lower Ocean, and reviewed at next meeting.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: August 1, 2022
APPROVED BY: Chip Rerig, City Administrator
Attachment 4
Public Works Department Report – July 2022
 Denied request to install stop signs north and southbound on Dolores Street, at Sixth Avenue.  Deferred decision on eliminating two parking spaces in front of a MST bus bench, on Junipero Street just north of Fourth Avenue, until a representative of MST attends the meeting.  Deferred decision on installing traffic calming measures on Torres Street, north of Ocean Avenue, pending additional information from the applicant and acquisition of traffic data.

Climate Committee Meeting of July 21, 2022
 Meeting canceled.

Public Works Administration
 Administrative Analyst, Tom Ford, began on July 1st supporting the Forestry/Parks/Beach Division.

Additional work will include department budgeting, volunteer groups oversight, and special projects.  Facility Maintenance Specialist, Leo Hernandez, spent most of July serving in the National Guard at Camp Roberts.
 Developed a new, 5-year Agreement with City of Monterey for Vehicle Maintenance Services, slated for approval at the August Council meeting.
 Public Works leaders met with Nore Winter to discuss Design Guidelines for the public right-of-way.  Met with the Police Department to discuss possible future purchase of electric ambulance and/or electric fire engineer under the Capital Improvement Plan.  Short-listed 14+ applicants for the Maintenance Worker/forestry position.  Director completed self-evaluation marking 5 years of service, and attended training on exceptional team leadership skills and supervising bad attitudes and negative behaviors.

Carmel Cares
 Celebrated two-year partnership with Carmel Cares and Public Works.  Tag Team continues to promptly remove downtown graffiti in its many different forms.  Cleaned up charcoal and debris found on beach sand, and removed ice plant along the bluffs/stairs.  Fabricated and installed a second, high-quality housing unit for the backflow at Forest Hill Park.  Cleared out 50 large bags of weeds and debris along both sides of lower Ocean Avenue.  Spruced up the grounds surrounding the Park Branch Library.  Continued to improve the Scenic Pathway and Forest Theater, and maintain Vista Lobos Park, Sunset Center grounds, and numerous landscaped medians.

Environmental Programs
 Completed draft Stormwater Ordinance updates with consultant, Dudek, and continued to work with the City Attorney’s office to enhance the Ordinance primarily for clarity, enforcement, and compliance with State mandates.
 For the multi-disciplinary, $175k Coastal Engineering Study/Beach Sand Survey projects, tentatively selected Haro/Kashunich for coastal engineering, EMC for environmental services, and EMC’s subconsultant, Integral Consulting for climate change impacts. Met with these consultants requesting they form a joint team to contract with the City. Reviewed preliminary tasks for three phases of work, and City plans to apply for a non-competitive, $100k Local Coastal Program grant to fund Phase 2.  Developed a waiver application regarding SB 1383 compliance and posted on City website.  Began drafting a 5-year plan for transitioning from gas-fueled to electric fleet vehicles and identifying EV charging station locations for mid and heavy-duty vehicles.  Acacia was pruned along the bluff at the North Dunes Habitat Restoration area, improving visibility for Police patrol.
 Prepared an Annual Environmental Programs Master Work Plan/Schedule.

Facility Maintenance
 Vendor performed termite treatments for six City buildings.  Vendor replaced damaged roof tiles on the Park Branch Library and Devendorf Park restroom.  Vendor installed high-definition access control system for the Police Building.

Attachment 4
Public Works Department Report – July 2022
 Vendor repaired and painted the exterior windows at City Hall.  One evening, illegal graffiti was sprayed in one restroom in Forest Hill Park, and the other restroom in the park was sprayed the next evening. The following week, graffiti was sprayed in the Piccadilly Park restroom.
 A -roll-up garage bay door at Public Works was found to be structurally deficient. Alternative repairs and quotes are being sought in lieu of a very costly replacement.

Project Management (PM) for Capital Improvement Program  Notice to Proceed issued Wallace Group to provide PM Services for 4 capital projects as follows:
o Drainage System Repairs: Selected Neill Engineers to design this project. o Concrete Street Repairs: Design consultant selection in process. Will meet with TAMC to discuss Complete Street options for Ocean Avenue pedestrian/bicycle pathway. o MTNP Well, Tank, and Pump Removals: Began data collection and research o Wayfinding Signs: Identified key destinations and prepared map  Finished a Professional Services Agreement with Ausonio, Inc. to provide Project Management Services for 9 facility renovation projects. Agreement slated for August Council meeting.  4Leaf was selected for PM Services for the Police Building Renovation Project, Resiliency Pilot Project and Electrical Panel Upgrades, and Construction Management for the Pavement Rehabilitation Project.

Currently preparing a Professional Services Agreement slated for the September Council Meeting.  A building permit was issued for the new, $54k lighting box truss system for Forest Theater. The truss was manufactured, delivered, and installed. Currently undergoing structural review for permit sign off.  Selected an environmental consultant to provide biological and permitting services for MTNP.  Short-listed two architectural firms to prepare the Libraries Master Plan.

Street Maintenance
 Supported the July 4th Holiday events at Devendorf Park.  With support from Carmel Area Wastewater District, a football that was completely clogging up a storm drain pipe and causing minor flooding in the Acacia Way/Flanders Way neighborhood, was cleared.  A waterline break at a construction site near Fifth Avenue and San Carlos Street caused a significant amount of water to run across the Del Mar parking lot and create a channel in the sand across the beach. The channel was filled in the next morning, but a storm drain manhole needs to be repaired.  Began condition inspections of all 150+ trash cans and trash/recycling containers in the Village.  Contractor installed a bench along the Scenic Pathway near Martin Way.  Cleared brush and made minor repairs to the Martha’s Way walkway and stairs.  Continued the annual Traffic Painting Program completing red and blue curbs in July.  Continued making sidewalk repairs in the Downtown area.

Forestry Parks and Beach Report (Forester’s Report)
 As part of the Cal Fire grant, 108 new trees will be planted. The initial round of tree planting is planned to begin in October.
 On August 2nd, the City Council approved the Professional Services Agreement with Davey Resources Group who will prepare the Urban Forest Management Plan, funded by the $150k Cal Fire grant.  Fourth of July event went smoothly with minimal damage to Devendorf Park.  Cleared 16 intersections for Stop sign visibility and traffic sight lines.  Repaired the footbridge at Forest Hill Park.
 Forestry staff attended Treetopia, a two-day job skills training in Vallejo.  A Pine limb failed at the Sunset Center but caused no damage.  Two Stop Work Orders were issued: One was at the Southwest corner of Lobos Street and Second Avenue, and the other at Ninth Avenue 2 Northeast of Lincoln Street.  On-call landscape services bid documents are in review. -
Attachment 4
Public Works Department Report – July 2022
2022 Permitted Removals and Required Planting
Removals Plant
Upper
Plant
Lower
No room
for New
Tree
Meets Density
Recommendation
Total Number of Trees
Required
January 2 1 1 0 0 2
February 14 4 5 0 3 9
March 13 4 4 0 4 8
April 7 2 5 3 2 7
May 19 8 4 3 4 12
June 11 3 1 0 6 4
July 8 2 1 4 1 3
August
September
October
November
December
2022 Totals 74 24 21 10 20 45
Historic Permitted Removals and Required Planting
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
2022* 74 32 42 44 23 21 59.46% 106
*year to date
. Private and Development Activities
City Forestry, Parks, and Beach Activities
Attachment 4
Public Works Department Report – July 2022
0 10
20 30
40 50
60 70
80 90
2013 2014 2017 2018 2019 2020 2021 2022*
Required Replanting
Re-planting of upper Re-planting of lower * year do date 71 96 67
139 165 149 176 165 132 159
88 58
207
256
556 425
163
107
187
115 101
96 570
74 75
38 40
105
113
66 72
59 62
55 12
0 100
200
300
400
500
600
700
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022* City Performed Tree Work Year by Year Comparison
Removal Prunning Planting * year to date
Attachment 4
Public Works Department Report – July 2022
The Monterey Peninsula is under Stage 1 of the Monterey Peninsula Water Conservation and Rationing Plan.

Irrigation may only occur on Wednesdays and Saturdays before 9:00 am and after 5:00 pm. The duration of the irrigation may not exceed 15 minutes per zone. Even though there is a provision that allows professional gardeners to irrigate on different days, the Parks Division will lead by example and adhere to the plan’s as directed.

The City has 54 water connections; these are being monitored monthly as a way to identify water waste. So far, the monitoring has discovered irrigation breaks, incorrectly-programmed irrigation clocks, and a running toilet.
2 1 1
36 36
43 60
47 42 40
8 9
5 5
2 5
12 9 17
15 14
17 20
5 17
4 0
6 3
1 0
2 105
0 20
40 60
80 100
120
140
160
180
200
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task Count
Month
2022 Admistrative and Field Tasks
Failures Inspection Plan reviews
Permit intake Site Assessments Stop work orders
Fresh Desk Tickets Resolved*
*Fresh Desk ticketing
began with the fiscal year
Water Conservation
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-074 of the City Council of the City Of Carmel-by-the-Sea Proclaiming the Continuing Need To Meet By Teleconference Pursuant To Government Code Section 54953 (e)
RECOMMENDATION:

Adopt Resolution 2022-074 of the City Council of the City of Carmel-by-the-Sea proclaiming the continuing need to meet by teleconference pursuant to Government Code Section 54953 (e).

BACKGROUND/SUMMARY:

All meetings of the City of Carmel-by-the-Sea legislative bodies are open and public as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963).

Before COVID-19, Section 54953(b) of the Brown Act allowed for teleconferencing if the public agency complied with the following requirements:

1. At least a quorum of the members of the legislative body must participate from locations within the boundaries within the jurisdiction of the local agency.

2. An agenda shall be posted at all teleconference locations.

3. Each teleconference location shall be identified in the notice and agenda of the meeting.

4. Each teleconference location shall be accessible to the public.

AB 361 amended Government Code Section 54953 and authorizes a City to allow for modified teleconferencing rules, subject to the existence of certain requirements which are listed below in this Staff Report.

Government Code section 54953(e)(1) lists the circumstances under which a local agency may use such modified teleconferencing procedures, as follows:
(1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B) that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic.

The State of Emergency remains in effect and COVID-19 continues to threaten the health and lives of the public and the Delta variant is highly transmissible in indoor settings. In addition, breakthrough cases are becoming more common.

On September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies (see Attachment 1) which provides:
“The Monterey County Health Department continues to recommend that physical and social distancing strategies be practiced in Monterey County, which includes remote meetings of legislative bodies of local agencies, to the extent possible.

Monterey County continues to experience transmission of COVID-19 locally. Physical and social distancing is still an effective measure to reduce the spread of COVID-19, especially when combined with use of face coverings, frequent hand washing, staying home when ill, testing, and vaccination with U.S.

Food and Drug Administration approved or authorized COVID-19 vaccines.

Remote meetings of legislative bodies allow for the virtual participation of agency staff, presenters, and community members in safer environments, with less risk of exposure to SARS-CoV-2, the virus that causes COVID-19.

The Monterey County Health Officer will continue to monitor local metrics and the necessity of this recommendation.”
Thus, meetings of the City Council and its legislative bodies may be held pursuant to the terms of Government Code Section 54953(e)(1)(A) so long as a proclaimed state of emergency continues and state or local officials continue to impose or recommend measures to promote social distancing.

If, for some reason, state or local officials discontinue imposing or recommending measures to promote social distancing, the proposed Resolution would also authorize teleconferencing under the rules of 54953(e) so long as a proclaimed state of emergency continues.

On October 4, 2021, the City Council adopted the initial Resolution No. 2021-057 authorized by AB 361 to allow for meetings of the City Council to be held telephonically.

Government Code Section 54953 (e) (3) provides that every 30 days after teleconferencing for the first time, and every 30 days thereafter, to continue teleconferencing the City Council must state that it has reconsidered the circumstances of the state of emergency and that either of the following circumstances exist: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person or (2) State or local officials continue to impose or recommend measures to promote social distancing. Currently, both of these circumstances continue to exist and, for that reason, the recommended action is for the City Council to adopt the attached Resolution of the City Council of the City of Carmel-by-the-Sea Proclaiming the Continuing Need To Meet By Teleconference Pursuant To Government Code Section 54953 (e), Attachment 2 to this Staff Report.

This Resolution will authorize the City Council, and other legislative bodies of the City, to hold teleconference meetings within the requirements of AB 361, but does not prohibit the City from holding in person meetings in the future.

If the Resolution is adopted, then the City and its legislative bodies which hold teleconference meetings must follow the procedures set forth by AB 361, which include the following:

1. Notice of the meeting must still be given in compliance with the Brown Act, and the notice must include the means by which the public may access the meeting and provide public comment.

2. The public must be provided access to the meeting via a call-in option or internet-based service option and allowed to “address the legislative body directly.” The agency does not have to provide an in-person option for the public to attend the meeting.

3. The meeting must be conducted “in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body.”

4. If there is a disruption to the meeting broadcast or in the ability to take call-in or internet-based public comment, no further action can be taken on agenda items until the issue is resolved.

5. The body cannot require comments to be submitted before the start of the meeting. The public must be allowed to make “real time” public comment.

6. Reasonable time for public comment must be provided. If the agency provides a timed public comment period, the public comment period must be left open until the time expires.

7. All votes must be taken by roll call.

8. The legislative body must approve a resolution making findings every 30 days to continue to conduct teleconference meetings under AB 361. The body must find it has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, or 2) State or local officials continue to impose or recommend social distancing.

If the state of emergency ends or if the City Council decides to rescind the Resolution, then meetings of the City Council and other legislative bodies of the City must comply with the pre-COVID teleconferencing rules of 54953(b) described earlier in this Staff Report.

Without this Resolution, as noted, if a Council Member or a member of a City Board or Commission does not attend a meeting in person, then the agenda would need to be posted at the location of that person and the public would have access to that location. This Resolution (so long as Government Code Section 54953 allows) would provide flexibility to the Council, Board Members and Commissioners when meetings are held in person to attend remotely if they do not attend in person without the necessity of posting an agenda at their location and there would be no limit on the number (quorum must be physically present without this Resolution) of Council Members, Board Members and Commissioners who attend remotely. There are some public agencies in California which have adopted a Resolution authorized by AB 361 and use a “hybrid” method for attendance at meetings in which some members attend in person and other members attend remotely and the staff and public also can attend in person or remotely.

FISCAL IMPACT:

No direct fiscal impact for this action.

PRIOR CITY COUNCIL ACTION:

Adoption of Initial Resolution No.2021-057 on October 4, 2021 and continuing Resolutions at subsequent meetings of the City Council.

ATTACHMENTS:

Attachment 1) County of Monterey Health Department Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies issued September 22, 2021 Attachment 2) Resolution 2022-074
Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies
Issued: September 22, 2021
The Monterey County Health Department continues to recommend that physical and social distancing strategies be practiced in Monterey County, which includes remote meetings of legislative bodies of local agencies, to the extent possible.

Monterey County continues to experience transmission of COVID-19 locally. Physical and social distancing is still an effective measure to reduce the spread of COVID-19, especially when combined with use of face coverings, frequent hand washing, staying home when ill, testing, and vaccination with U.S. Food and Drug Administration approved or authorized COVID-19 vaccines.

Remote meetings of legislative bodies allow for the virtual participation of agency staff, presenters, and community members in safer environments, with less risk of exposure to SARS-CoV-2, the virus that causes COVID-19.

The Monterey County Health Officer will continue to monitor local metrics and the necessity of this recommendation.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-074

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

PROCLAIMING THE CONTINUING NEED TO MEET BY TELECONFERENCE PURSUANT TO GOVERNMENT CODE SECTION 54953 (e)
WHEREAS, all meetings of the City of Carmel-by-the-Sea legislative bodies are open and public as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963); and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic; and
WHEREAS, such State of Emergency remains in effect; and WHEREAS, COVID-19 continues to threaten the health and lives of City of Carmel-bythe-Sea residents; and WHEREAS, the Delta variant is highly transmissible in indoor settings; and WHEREAS, breakthrough cases are becoming more common; and WHEREAS, on October 4, 2021, the City Council adopted Resolution No. 2021-57 Proclaiming The Continuing Need To Meet By Teleconference Pursuant To Government Code Section 54953 (e).

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carmelby-the-Sea that:

Section 1. Imminent Risk to Health and Safety. Due to COVID-19, holding City Council and other legislative body meetings in person will present imminent risk to the health and safety to attendees.

Section 2. Findings. The City Council has reconsidered the circumstances of the state of emergency and finds that: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person and (2) The County of Monterey continues to recommend measures to promote social distancing.

Section 2. Compliance With Government Code Section 54953. The City Council and other legislative bodies will continue to meet by teleconference in accordance with Government Code section 54953(e).

Attachment 2

Resolution 2022-074
Section 3. Effective Date of Resolution. This Resolution shall take effect immediatelyupon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution rescinding this Resolution.

Section 4. Future Resolutions. The City Council expressly reserves the right to adopt Resolutions more than 30 days after this date of adoption of this Resolution to authorize the City Council and other legislative bodies to continue to meet by teleconference in accordance with Government Code section 54953(e) provided that a State of Emergency exists as of the date of adoption of such Resolutions.

PASSED AND ADOPTED by the City Council of the City of Carmel-by-the-Sea this 13th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
__________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 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 2022-075 authorizing the City Administrator to execute a Professional Services Agreement with 4Leaf, Inc. for Project Management Services, for a not-to exceed fee of $197,780, for delivery of four Capital Improvement Projects RECOMMENDATION:

Adopt Resolution 2022-075 authorizing the City Administrator to execute a Professional Services Agreement with 4Leaf, Inc. for Project Management Services, for a not-to exceed fee of $197,780, for delivery of four Capital Improvement Projects.

BACKGROUND/SUMMARY:

At the May 3, 2002 meeting, the City Council approved the carry-over of 12 Fiscal Year (FY) 2021/22-funded Capital Improvement Projects, including the 2019/20 Citywide Annual Paving Project and the Police Building Renovation Project, into FY 2021/22. At the June 7, 2022 meeting, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 Capital Improvement Projects, including the Additional Scope for the Police Building Renovation Project, Resilience Infrastructure Pilot Project, and the Electrical Panel Upgrade Design Project.

The prior staff report and presentation regarding the Capital Improvement Program (CIP) included a discussion of the approach to implementation with the goal of eliminating the backlog of prior projects and advancing new projects as quickly as possible. Part of that implementation strategy was to hire an in-house Project Manager; however, we have not been successful to date. Another strategy was to hire consultants to provide Project Management (PM) services. PM Services vary widely, covering management of third-party design consultant professionals, performing planning and engineering services directly, managing the public bidding and construction phases, and similar work.

Consultant Selection Process
In April 2022, requests for Statements of Qualifications (SOQs) were advertised, from San Jose to Sacramento to San Luis Obispo, seeking qualifications from consultants covering 14 professional service areas, including Project Management services. In May 2022, seven SOQs were received for PM services and independently evaluated by a Selection Committee consisting of the Public Works Director and Public Works Superintendent. These SOQs were reviewed in consideration of all carry-over and new Capital Improvement Projects, with the following rankings:

Rank Firm Recommended Projects
1 Wallace Group (Awarded) 4 Civil Engineering Projects
2 Ausonio, Inc. (Awarded) 9 Facility Renovation Projects 3 4 Leaf, Inc. PD Renovation + 3 Misc.

Projects
4 Cumming Management No Award
5 Bureau Veritas No Award
6 CM Pros No Award
7 Harrison Engineering No Award
Project Awards to 4Leaf, Inc.

We are recommending award of PM Services to 4Leaf for the following four projects:

Project 1: FY 2019/20 Citywide Annual Paving Project - Bidding and Construction Project 2: Police Building Renovation – Additional Scope - Design Project 3: Resilience Infrastructure Pilot Project - Planning and Design Project 4: Electrical Panel Upgrades for City Hall, Public Works, Vista Lobos, and Sunset Center - Design 4Leaf proposed a part-time Project Manager to oversee the remaining design of the Police Building Renovation Project by the Project Architect, as well as to manage the planning and design phases of the infrastructure resilience and electrical panel upgrades projects. 4Leaf also proposed a Resident Engineer to manage construction of the annual paving project. The Project Manager and Resident Engineer are well qualified to oversee these projects.

Scope of Services
For the FY 2019/20 Citywide Annual Paving Project, 4Leaf will complete and advertise the bid package, conduct the pre-construction and progress meetings, coordinate public outreach, track and administer construction progress, and conduct project closeout activities upon completion of the work. To minimize cost, construction inspection will be performed by the Public Works Superintendent.

The PD Renovation Project has experienced several major iterations over the past five years. In June 2020 at the start of the Pandemic, Council rejected bids for the prior project and unfunded the project for two years. In March 2022, Council re-appropriated $2.0M to fund the base project, and in June 2022, Council approved an additional $1.3M for the project to address additional functional scope, including a new EOC and community room, locker room modernization, interview room, and EV charging capability. The additional scope may require code upgrades, such as building--wide fire suppression, electrical, seismic, and/or ADA compliance upgrades, that must be evaluated and incorporated into the project if required by the building codes.

Because of the significant unknowns of the project at this time, 4Leaf will assist with determining the full scope of the project with the Architect to re-define the project scope and fee estimate, managing the design phase development and approval process, and with reviewing the final design phase and specifications.

The Resilience Infrastructure Pilot Project for the PD/Public Works Complex and Vista Lobos (Project 3) will be bundled with this project.

FISCAL IMPACT:

All Capital Improvement Projects and PM services will be charged to CIP Account Number 301-311-00- 43008.
4Leaf’s PM fee was negotiated at $197,780, and includes a 10% contingency for additional work upon written authorization by the City. Their proposed hourly rates for the Project Manager and Resident Engineer have been discounted for these projects. This fee represents approximately 4.5% of the total budget for these projects as follows:

PD Renovation with Additional Scope $3,300,000
Citywide Paving Project 935,629 (less fees for design engineer) Resilience Infrastructure Pilot Project Design 85,000
Electrical Panel Upgrade Design 75,000
Total Project Budget $4,395,629
Staff anticipates that an Amendment to this Agreement will be submitted to the City Council once the scope of the PD Renovation Project is further defined.

The budgets adopted for some of these projects may already be low compared to today’s rapidlyescalating costs for inflation, construction labor, materials, transportation, and supply chain demand. Some of these projects could be scaled back to fit the available budget, while additional funds may be requested for others at the time that construction contracts for such projects are awarded.

PRIOR CITY COUNCIL ACTION:

At the May 3, 2002 meeting, the City Council approved the carry-over of 12 FY 2021/22-funded Capital Improvement Projects, including the 2019/20 Citywide Annual Paving Project and the Police Building Renovation Project.

At the June 7, 2022 meeting, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 Capital Improvement Projects, including the Additional Scope for the Police Building Renovation Project, Resilience Infrastructure Pilot Project, and the Electrical Panel Upgrade Design Project.

ATTACHMENTS:

Attachment 1) Resolution 2022-075
Attachment 2) Professional Services Agreement with 4Leaf for Project Management Services

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-075

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 4LEAF, INC. FOR PROJECT MANAGEMENT SERVICES, FOR A NOT-TO-EXCEED FEE OF $197,780, FOR DELIVERY OF FOUR CAPITAL IMPROVEMENT PROJECTS WHEREAS, on May 3, 2022, the City Council approved the carry-over of 12 Fiscal Year 2021/22-funded Capital Improvement Projects including the 2019/20 Citywide Annual Paving Project, and the Policed Building Renovation Project, into FY 2022/23; and WHEREAS, on June 7, 2022, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 CIP Projects including the Additional Scope for the Police Building Renovation Project, the Resilience Infrastructure Pilot Project, and the Electrical Panel Upgrades for City Hall, Public Works, Vista Lobos, and Sunset Center; and
WHEREAS, without a project manager on staff, Project Management (PM) consultant services was introduced as an implementation strategy with the goal of eliminating the backlog of prior projects and advancing new projects as quickly as possible; and
WHEREAS, in April 2022, requests for Statements of Qualifications (SOQs) were advertised seeking qualifications from consultants covering 14 professional service areas, including PM services; and
WHEREAS, based on seven SOQs received, 4Leaf, Inc. was ranked by a selection committee as best qualified to provide PM services for the four projects identified above; and WHEREAS, a Professional Services Agreement was prepared with 4Leaf, Inc., and the negotiated fee for PM Services of $197,780 represents 4.5% of the total budget for these four projects.

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 4Leaf, Inc. for Project Management Services, for a not-to-exceed fee of $197,780, for delivery of four Capital Improvement Projects.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this 13th day of September 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_______________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
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Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Resolution 2022-076, authorizing the City Administrator to execute a Professional Services Agreement with the Carmel Area Wastewater District, for a not-to-exceed fee of $71,647, to provide Stormwater Program Vactor Truck Services RECOMMENDATION:

Approve Resolution 2022-076, authorizing the City Administrator to execute a Professional Services Agreement with the Carmel Area Wastewater District, for a not-to-exceed fee of $71,646, to provide stormwater Program Vactor truck services through Fiscal Year 2024-2025.

BACKGROUND/SUMMARY:

The State Water Resources Control Board has designated 34 regions along the coast of California as “Areas of Special Biological Significance” (ASBS), including Carmel Bay. Special Protections of species and habitats in the ASBS area require that the City, as a discharger of stormwater runoff into the ASBS, meet stringent water quality requirements.

In order to meet these ASBS requirements, the City installed four hydrodynamic separators at the end of the drainage systems at Fourth Avenue, Ocean Avenue, Eighth Avenue, and Tenth Avenue at the entrance of the Mission Trail Nature Preserve. Hydrodynamic separators screen, separate, and trap debris, sediment, oil and grease from stormwater runoff before they are released into the ocean. In order to remain effective, hydrodynamic separators must be regularly maintained by removing accumulated material inside each unit. Due to the large size of these units, a Vactor truck is needed to remove debris and sediment from hydrodynamic separators. The material removed must also be properly disposed.

The City does not have a Vactor truck nor an adequate location to dispose of material removed from the hydrodynamic separators. Thus, we have been contracting with CAWD since January 2019 to conduct this debris removal work. The City also previously contracted with CAWD to conduct restaurant inspections; however, in order to streamline commercial environmental inspections and reduce contracting costs, the newAdministrative Technician in the Environmental Division has taken over these inspections.

Based on the successful results of the City’s partnership with CAWD on hydrodynamic separator cleaning, staff is recommending a 3-year contract with CAWD to continue this work though Fiscal Year 2024-2025 (Attachment 2).

CAWD was selected on a sole source basis. Carmel Municipal Code Section 3.12.140 D allows for dispensing of the bid procedures when “a professional service, such as that of an attorney, accountant, architect, or specialized consultant, involves a specialized knowledge or personal skill.” CAWD has specialized equipment, including the Vactor truck and wastewater treatment facility, that allow effective cleaning of the City’s hydrodynamic separator and disposal of the removed material. Previous inquiries to other agencies, including Pacific Grove, Seaside, and Pebble Beach, indicated constraints with availability of their Vactor equipment, or issues with appropriately disposing of the collected material.

FISCAL IMPACT:

The total authorization for this Agreement will not exceed $71,647. Work performed under this Agreement will be charged to the Public Works Environmental Compliance Division operating budget under contract services Account No. 101-119-43-42001. This year’s hydrodynamic separator cleaning ($23,183) has already been budgeted in this account. Future years’ hydrodynamic separator cleaning ($23,910 and $24,554, respectively) will need to be included in the FY 2023/24 and FY 2024/25 operating budgets.

PRIOR CITY COUNCIL ACTION:

In February 2020, the City Council approved a Professional Services Agreement with CAWD to provide Stormwater Program Vactor truck and commercial inspection services through June 30, 2022.

ATTACHMENTS:

Attachment 1: Resolution 2022-076
Attachment 2: Professional Services Agreement for Stormwater Program Vactor Truck Services

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-076

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 THE CARMEL AREA WASTEWATER DISTRICT, FOR A NOT-TOEXCEED FEE OF $71,647, TO PROVIDE STORMWATER PROGRAM VACTOR TRUCK

SERVICES
WHEREAS, Carmel Bay was designated as an Area of Special Biological Significance (ASBS) by the State Water Resources Control Board; and
WHEREAS, in order to meet strict ASBS requirements, the City installed four hydrodynamic separators that require regular maintenance to remove pollutants from stormwater runoff before it flows into the ocean; and
WHEREAS, the Carmel Area Wastewater District has a Vactor truck that can be used to maintain the City’s hydrodynamic separators, and an appropriate location for debris disposal; and WHEREAS, the Carmel Area Wastewater District has successfully provided Vactor truck services to the City since 2019.

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 the Carmel Area Wastewater District, for a not-to-exceed fee of $71,647, to provide Stormwater Program Vactor Truck services through Fiscal Year 2024-2025.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 13th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Attachment 1
Resolution No. 2022-076

_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for the
Stormwater Program Vactor Truck Services
Agreement #
THIS AGREEMENT is executed this ____ day of September, 2022, by and between the City of CarmelBy-The-Sea, a municipal corporation, (hereinafter "City"), and the Carmel Area Wastewater District, (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: cleaning and removing materials from hydrodynamic separators and sediment ponds upon request by the City, typically three (3) times per year, and providing on-call vactor truck services. 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 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. iii. 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.

Attachment 2
2 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. iv. 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. v. 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:
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.

Attachment 2
3 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 “B”), in a total amount not-to-exceed Seventy-One Thousand Six Hundred and Forty-seven Dollars ($71,647.00). Such compensation is inclusive of Supplemental Services/Contingency allocated for each Fiscal Year, and 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;
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; Attachment 2
4 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.

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.

Attachment 2
5 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 “B”).

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 “B”). 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. 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 requirements 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”) Attachment 2
6 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 September 15, 2022 and must be completed by June 30, 2025 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 wil 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.

Attachment 2
7 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 isfully 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.

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: Agnes Martelet
Attachment 2
8 Title: Environmental Compliance Manager
Address: PO Box CC, Carmel-by-the-Sea, CA 93921
Telephone: (831) 620-2078
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: Daryl Lauer
Title: Collections Superintendent
Company: Carmel Area Wastewater District
Address: 3945 Rio Rd, Carmel-by-the-Sea, CA 93922
Telephone: (831) 257-0434
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, 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.

Attachment 2
9 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
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).

Attachment 2
10 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 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.

Attachment 2
11 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 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.

Attachment 2
12 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 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 Attachment 2
13 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.

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 Attachment 2
14 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;
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 Attachment 2
15 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 willl 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 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;
Attachment 2
16 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.
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 Attachment 2
17 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 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.

Attachment 2
18 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. 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
City Administrator Signature Consultant Signature
Chip Rerig
Printed Name Date Printed Name Date
City Administrator
Title Title
Carmel Area Wastewater District
Consultant Legal Company Name
Attachment 2
19 APPROVED AS TO FORM:

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

By: _________________________________ Date: ______________________ Nova Romero, MMC, City Clerk
Attachments:

Exhibit “A” Scope of Services
Exhibit “B” Compensation and Fee Schedule
Exhibit “C” Project Schedule
Attachment 2

AGREEMENT FOR STORMWATER PROGRAM

VACTOR TRUCK SERVICES
Exhibit A – Scope of Services
Tasks 1 (FY2022-23), 2 (FY 2023-24) and 3 (FY2024-25): Hydrodynamic Separator Cleaning Support Services
Upon request by the City, CAWD crews will use their Vactor truck to provide cleaning services for the City’s four (4) hydrodynamic separators and nine (9) sediment ponds. CAWD will properly dispose of the debris collected at the CAWD wastewater treatment facility, in accordance with State and Federal Regulations.

During a typical rain year, the City needs to clean out hydrodynamic separators at least three times. The City will notify CAWD staff for hydrodynamic separator and sediment pond cleaning and allow up to one month to complete cleaning of all 13 facilities. CAWD staff will notify and document all work performed, including depth to debris before cleaning and tonnage of debris removed from each hydrodynamic separator.

CAWD will also provide catch basin cleaning on an on-call, as-needed, basis. Should CAWD be involved in a District-related emergency at the time of the request, CAWD staff will respond as soon as crews become available to the needs of the City.

Attachment 2

AGREEMENT FOR STORMWATER PROGRAM

VACTOR TRUCK SERVICES
Exhibit B - Fee Schedule
Cost Element Units Cost per Cost
Task 1: Hydrodynamic Separator Cleaning Support Services FY 2022-23 CAWD Labor &
Equipment (3 quarter)
96 hours $192.32 $18,463
Disposal of debris (3
quarters)
36 tons $67 $2,412
Supplemental Services
(additional vactor
support)
12 hours $192.32 $2,308
Subtotal $23,183
Cost Element Units Cost per Cost
Task 2: Hydrodynamic Separator Cleaning Support Services FY 2023-24 CAWD Labor &
Equipment (3 quarters)
96 hours $199.05 $19,109
Disposal of debris (3
quarters)
36 tons $67 $2,412
Supplemental Services
(additional vactor
support)
12 hours $199.05 $2,389
Subtotal $23,910
Cost Element Units Cost per Cost
Task 3: Hydrodynamic Separator Cleaning Support Services FY 2024-25 CAWD Labor &
Equipment (3 quarters)
96 hours $205.02 $19,682
Disposal of debris (3
quarters)
36 tons $67 $2,412
Supplemental Services
(additional vactor
support)
12 hours $205.02 $2,460
Subtotal $24,554
GRAND TOTAL NOT-TO-EXCEED $71,647
Attachment 2

AGREEMENT FOR STORMWATER PROGRAM

VACTOR TRUCK SERVICES
Exhibit C - Project Schedule
During a typical rain year, the City needs to clean out hydrodynamic separators at least 3 times per year. When the City identifies the need for hydrodynamic separator and sediment basin cleaning and requests cleaning service from CAWD, a cleaning schedule will be agreed upon by the City and CAWD prior to initiation of requested activities. Hydrodynamic separator and sediment basin cleaning will be scheduled during normal business hours, Monday thru Friday, 8 am to 5 pm.

On-call emergency overflow response or catch basin cleaning may also be requested after hours from time to time.

Task # Task Name Schedule
1 On-call Hydrodynamic Separator and
Sediment Basin Cleaning
September 2022-June 2023
2 On-call Hydrodynamic Separator and
Sediment Basin Cleaning
September 2023-June 2024
3 On-call Hydrodynamic Separator and
Sediment Basin Cleaning
September 2024-June 2025
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-077 rescinding Resolution 2020-056 and re-establishing the list of designated classifications and the disclosure categories of the City's Conflict of Interest Code
RECOMMENDATION:

Adopt Resolution 2022-077 rescinding Resolution 2020-056 and re-establishing the list of designated classifications and the disclosure categories of the City's Conflict of Interest Code.

BACKGROUND/SUMMARY:

The purpose of the Political Reform Act (Government Code Sections 81000 et seq.) is to prevent conflicts of interest through disclosure and disqualification. To facilitate this goal, the Political Reform Act requires that public officials disclose their personal financial interests upon assuming office, annually while serving in office, and again upon leaving office. Disclosure is made on a form called a “Statement of Economic Interests” (Form 700). Filed forms are public documents that must be made available to anyone who requests them. Government Code Section 87200 requires that the following City officers file Statements of Economic Interests with the City Clerk:

Mayor
City Council Members
City Administrator
City Attorney
City Treasurer
Candidates for City Council
Planning Commissioners
In addition to the above referenced positions that are required by State Law to file Form 700s, the Political Reform Act mandates that local agencies adopt a Conflict of Interest Code that designates Commission/Committee members and City Employees who are also required to file Form 700s because they could foreseeably make or participate in making governmental decisions that could affect their private financial interests. The Act requires that the Conflict of Interest Codes establish disclosure categories for each designated position that tailors the disclosure requirements to the types of governmental decision a person holding that position could make.

Government Code Section 87306.5 requires that that in every even numbered year the code reviewing body (City Council) review the code and if a change is deemed necessary, amend the City’s Conflict of Interest Code. To comply with this regulation, staff has reviewed the current list of City positions and job descriptions, and has deemed the attached list of positions as designated filers with corresponding disclosure categories (Exhibit A). Adopting Resolution 2022-077 will rescind the previous Conflict of Interest Code and update it with the current positions listed in Exhibit A.

FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

Resolution 2020-056 adopted September 1, 2020
ATTACHMENTS:

Attachment 1) Resolution 2022-077 - Biennial Conflict of Interest Code Update Attachment 2) Exhibit A - Conflict of Interest Code Designated Filers

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-077

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RESCINDING RESOLUTION 2020-056 AND RE-ESTABLISHING THE LIST OF

DESIGNATED CLASSIFICATIONS AND THE DISCLOSURE CATEGORIES OF THE

CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act requires local government agencies to review its Conflict of Interest Code biennially; and
WHEREAS, the City Council of the City of Carmel-by-the-Sea, (the "City Council"), previously adopted Resolution No. 2020-056 on September 1, 2020, thereby amending the List of Designated Employee Classifications of the Conflict of Interest Code; and WHEREAS, Section 87307 of the Government Code provides that an agency may at any time amend its Conflict of Interest Code; and
WHEREAS, the City Council has determined that it is necessary to further revise the List of Designated Classification and Disclosure Categories to reflect current classifications and titles.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1) Rescind and supersede all previously adopted Resolutions and amendments thereto approving or adopting Conflict of Interest Codes for the City of Carmel-by-theSea. 2) Approve and adopt Exhibit A in which officials and employees are designated and disclosure categories are set forth, which constitutes the Conflict of Interest Code for the City of Carmel-by-the-Sea.
3) Require all designated officials and employees file Statements of Economic Interests with the City Clerk, who will make the statements available for public inspection and reproduction.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 13th day of September, 2022, by the following vote:

AYES:

Attachment 1
NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
__________________________ ______________________________ Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1

EXHIBIT A

DESIGNATED OFFICIALS, EMPLOYEES, AND CONSULTANTS
The following positions are required to file Fair Political Practices Commission (FPPC) Form 700 pursuant to the Government Code Section 87200:
● Mayor
● Council Members
● City Administrator
● City Attorney
● City Treasurer
● Candidates for Elective Office
● Planning Commissioners
All designated officials, employees, and consultants shall file Statements of Economic Interests with the City Clerk and shall file statements based on disclosure categories as described herein.

LIST OF DESIGNATED EMPLOYEE CLASSIFICATION AND DISCLOSURE

CATEGORIES
The following positions are required to file Statements of Economic Interest pursuant to the Political Reform Act of 1974:

Accountant; 1, 2
Administrative Analyst; 1, 2
Assistant City Administrator; 1, 2
Assistant Planner; 1, 2, 3, 4
Board/Commission Member; 1
Building Inspector; 1, 2, 3, 4
Building Official; 1, 2, 3, 4
City Administrator; 1
City Attorney; 1
Attachment 2
City Clerk; 1, 2
City Council Member; 1
City Forester; 1, 2
Community Planning and Building Director; 1, 2, 3, 4
Director of Budgets and Contracts; 1, 2
Director of Public Works; 1, 2, 3, 4
Finance Manager; 1, 2
Finance Specialist; 1, 2
Head Reference Librarian; 1, 2
Information Systems/Network Manager; 2
Library Circulation Supervisor; 1, 2
Librarian Il; 1, 2
Library and Community Activities Director; 1, 2
Local History Librarian; 1, 2
Mayor; 1
Police Commander; 1, 2
Principal Planner; 1, 2, 3, 4
Project Manager; 1, 2, 3, 4
Public Safety Director; 1, 2
Public Works Superintendent; 1, 2, 3, 4
Senior Human Resources Analyst; 1, 2
Senior Planner; 1, 2, 3, 4
Youth Services Librarian; 1, 2
Attachment 2
Consultants:

An individual is a consultant if the person either serves in a staff capacity with the agency or performs the same or substantially the same duties for an agency that would otherwise be performed by a person holding a position specified or that should be specified in the City's Conflict of Interest Code.

The City Administrator will determine if a consultant is required to file a Statement of Economic Interest and will determine the appropriate disclosure category based on the scope of the consultant agreement. The City Administrator may determine that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to comply with the disclosure requirements described in this code.

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which he or she is assigned. Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business in the jurisdiction of the City.

1. All investments and business positions in business entities, sources of income, and interests in real property.

2. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment, or machinery of the types used by the designated employee's unit.

3. Investments and business positions in business entities, and income from sources engaged in construction, building, or material supply.

4. Investments and business positions in, and income from sources engaged in the construction of public works projects.

Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-078 authorizing the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the term of July 1, 2022 to June 30, 2023 in an amount not to exceed $210,010 RECOMMENDATION:

Adopt Resolution 2022-078 authorizing the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the term of July 1, 2022 to June 30, 2023 in an amount not to exceed $210,010.

BACKGROUND/SUMMARY:

The purpose of this agenda item is for Council to authorize the City Administrator to execute an agreement with the Monterey County Destination Marketing Organization Inc., dba Monterey County Convention and Visitors Bureau (MCCVB) for destination marketing for Fiscal Year 2022-2023. The City has historically collaborated with MCCVB to manage visitors, including promoting overnight stays within the Village during mid-week and off-season. MCCVB has specialized expertise and experience in destination marketing of the Monterey Peninsula, which includes the City of Carmel-by-the-Sea.

The Carmel Municipal Code requires Council approve agreements with a value of $25,000 or more. The proposed agreement with MCCVB is for an amount not to exceed $200,010.

FISCAL IMPACT:

The Adopted Fiscal Year 2022-2023 Budget includes funding for MCCVB. The amount of the funding is based upon 3% of the City's Fiscal Year 2022-2023 budgeted transient occupancy tax revenue of $6.7 million.

PRIOR CITY COUNCIL ACTION:

Council adopted the FY 22-23 budget on June 7, 2022, via Resolution 2022-048, approving funding for MCCVB in the amount of $200,010.

Council adopted a similar agreement with MCCVB in 2021 for an amount not to exceed $160,007, via Resolution 2021-039.

ATTACHMENTS:

Attachment 1) Resolution 2022-078 MCCVB
Attachment 2) Exhibit A - Contract for Services MCCVB FY 22-23

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-079

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE

MONTEREY COUNTY CONVENTION AND VISITORS BUREAU FOR DESTINATION MARKETING FOR THE TERM OF JULY 1, 2022 TO JUNE 30, 2023 IN AN AMOUNT NOT TO EXCEED $200,010
WHEREAS, transient occupancy tax and sales and use tax contribute to the City of Carmel-by-the-Sea’s revenue sources and are heavily influenced by tourism; and WHEREAS, the Monterey County Convention and Visitors Bureau possesses specialized knowledge and benefits from economy of scale in advertising and other marketing efforts in order to promote tourism within the Monterey Peninsula region and the City of Carmel-by-the-Sea; and WHEREAS, in accordance with the Carmel Municipal Code, contracts of $25,000 or more require Council approval, and
WHEREAS, a true copy of the Agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the Term of July 1, 2022 to June 30, 2023 is attached hereto as Exhibit A.

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

Authorize the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for destination marketing for the term of July 1, 2022 through June 30, 2023 in an amount not to exceed $200,010.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 13th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Exhibit A – Coversheet
Agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the term of July 1, 2022 to June 30, 2023 (see attached) Attachment 1

PROFESSIONAL SERVICES AGREEMENT
Monterey County Convention and Vlsitors Bureau
Destination Marketing Services
THIS AGREEMENT is executed this _ day of August 2022, by and between the City of Carmel-bythe-Sea, a municipal corporation, (hereinafter "City"), and lvlonterey County Destination tvlarketing Organization lnc., dba Monterey County Convention and Visitors Bureau, (hereinafter "Consultant"), collectively referred to herein as the "parties"- WHEREAS, the City wishes to engage the Monterey County Convention and Visitors Bureau (MCCVB) to peform the services required by this Agreemenl: 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 Iicenses 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: to create interest, visitation and drive overnight stays within the City:

Stimulate interest in key feeder markets as mutually agreed to encourage vislts to Carmel-by-the-Sea
Marketing through advertising, promotions and social media to promote Carmel-bythe-Sea llt. Promoting Carmel-by-the-Sea hotels, inns and lodging establishments on MCCVB's website
Provide semi-annual reports highlighting MCCVB's web and digital activity and media relations as they pertain to Carmel-by-the-Sea and the economic impact of MCCVB'S performance to the City.

Consultant agrees to all of the following:

Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, ofiice space and facilities, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement.

Consultant's designated representative(s) who are authorized to act on rts behalf and to make all decisions in connection with the performance of services under ll
L
Attachment 2
this Agreement is the President/CEo of the lVlonterey County Convention and Visitors Bureau.

Consultant represents that ( 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 lhe best of its ability, experience and talent, perform all services described in this Agreement. ln 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.

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.

B Chanoe Orders.

Agreements and Change Orders exceeding 924,999 require City Council approval to be valid.

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 part'res.

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.

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 seryices are authorized in advance and in writing by City. iii
ii
iii
C Familia
lf 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.
with Services and Site.

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
2 i.

Attachment 2
d. possesses all licenses required under local, state orfederal law to perfom the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.
2, COMPENSATION
A. Total Fee. Sublect 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 a total amount not{o-exceed Two Hundred Thousand and Ten Dollars ($200,010.00). Such compensation is the 'Maximum Authorized Expenditure" under this Agreement. Payment of any compensation to Consultant is contingent upon performance of the terms and conditjons of this Agreement to the satisfaction ofthe City. lf 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. lnvoicinq. Consultant shall submit to the City quarterly written invoices to the City's Project Representative, identified in Section 5 below. Consultant's invoices must include, but are not limited to, the following information:
i. lnvoice number and date:
ii. A brief description of services performed;
iii. The tota,amount due for the period covered by this invoice The City will review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with this Agreement. ln 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. lf 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 Consuitant. 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.

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 Consuftant, its employees, subconsultants and vendors of servioes or goods.

C. Ad ustment of Maximum f The City may increase or decrease M um Authorized Expenditure by issuing a Change Order to the Agreement in accordance with Section 1.8 "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, Attachment 2
within fourleen (14) calendar days of such request or instruction. Without sard wrilten advice within the time period specified, the City is not obligated to make any payment of additional compensation to Consultant,
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.

Any audit conducted of books of records and accounts must be kept in accordance with generally accepted professional standards and guidelines for auditing.

Consultant must disclose and make available any and allinformation, reports, books of records or accounts pertaining to this Agreement to the Gity.

Consultant must include the requirements of Section 2D, 'Audit and Examination of Accounts", in all contracts with assignees or subconsuttants under this Agreement.

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 aclual disputes, litigation, appeals or claims, must be maintained and made avallable 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 by July 1, 2022 and must be completed by June 30, 2023, 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 1.8, "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" 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.

4. CONSULTANT'S EMPLOYEES AND SUBCONSULTANTS
A. Not an Aqent of the Citv. Nothin g 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 musl 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. r
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t.

D. Audit and Examination of Accounts:

Attachment 2
B. lndeoendent Gontractor:

Consultant is an independent contractor. This Agreement does not create the relationship of employer and employee, a partnership, or a ioint venture. The City may not control or direct the details, means, methods or processes by which Consultant performs the SeNices. 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 qualily and conditions of any partners, employees and subconsultants.

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 benefrts, workers' compensation coverage, insurance or disability benefits. Consultant will be solely liable for and obligated to pay directly all applicable taxes, inctuding federat 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 liabilhy, which the City may incur because of Consultant's failure to pay such taxes.

5. REPRESENTATTVES AND COMMUNICATIONS
A. Cltv's Proiect R€presentative. 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 Consuhant.

Name:

Title:

Address:

Telephone
Email:

Name:

Tifle:

Company:

Address:

Telephone:

Email:

Chio Rerio
CitV Administrator
P.O. Box CC Carmel- bv-the-Sea cA g3q2'1
B. Consultant's Proiect Manaoer. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement ("Consultant's Proiect Manage/'). 831.620.2058
[email protected]
Rob O'Keefe
PresidenUCEO
lvlonterev Counfu Convention and Btrreau
P.O. Box 1770, M nterev CA 93942
831.657.6425
[email protected]
5 l.

Attachment 2
C. Meet and Confer. Consultant agrees to meet and confer with the City's Proiect Representative, its agents or employees with regard to Services as may be requhed by the City to insure timely and adequate performance of this Agreement.

D. Communicatlons and Notlces. 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 Proiect 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 (includlng, without limitation, California Civil Code Sections 2782 and2782.6), Consultant will defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless the City and its offrcers, designated agents, departments, ofiicials, rep.esentatives and employees (collectively ''lndemnitees") 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 eritent 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 lndemnitee will not apply to the extent thal such Liabilities are caused in part by the active negligence or willful misconduct of such lndemnitee.

Notwithstanding the provisions ofthe above paragraph, Consultant agrees to indemnify and hold harmless the City from and against all ciaims, 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 Consuttant's employees, subconsultanls, representatives, patrons, guests or invitees.
ln no event will the obligation of the Consultant exceed the limitations on the duty to defend and indemnify as set forth in Civll Code Sections 2782,2782.6, and 2782.8.

7. INSURANCE
Consultant must submit and maintain in full force all insurance as described herein. Without allering 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 lnsurance including but not limited to premises, personal injuries, bodily injuries, propefty damage, products, and completed operatlons, with a combined single limit of not less than $1,000,000 per occurrence and 92,000,000 in the aggregate.
6 Attachment 2
B. Professional Liabilitv lnsurance with limits of not less than 91,000,000 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 fotlowing the City's acceptance of lhe work.

C. Automobile Liabilitv lnsurance covering all automobiles. including owned, leased, no&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' Comoensation lnsurance. lf 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 91,000,000 per occurrence.

E. Other Insurance Reouirements:

All insurance required under this Agreement must be written by an insurance company either:
a. admitted to do business in Califomia with a cunent A.M. Best rating of no less than A:Vl; or
b. an insurance company with a curent A.M. Best rating of no less than A:Vll.

Exception may be made for the State Compensation lnsurance Fund when not specificaliy rated.

Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. The general liability and auto polictes must:

Provide an endorsement naming the City of Carmel-by-the-Sea, its ofiicers, 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 f later revisions used). i.
a
b. Provide that such Consultant's insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance 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 lnsureds" 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.

Prior to the start of work under this Agreement. Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement wilh the City. Consultant will file a new or amended certificate of insurance 1 Attachment 2
promptly after any change is made in any insurance policy that would alter the information on the certificate then on file.

Neither the insurance requiremenls 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.

All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions ('SlR") must be declared to and approved by the City. At the optjon of the City, either: the insured wilt reduce or ejiminate such deductibles or SIR as respects the City, its officers, ofiicials, 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 iniurance policy contain language, whether added by endorsement or contained in the policy conditjons, that prohibits satisfaction of any self-insured provision or requiremeni 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.

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.

Consultant must require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements in tris Agreement. lf 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 terminale the Agreement.

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 limrts 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.
vi
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x.
tx
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8 Attachment 2
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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.

MCCVB will collaborate with the City and Visit Carmel on the development and implementation of visitor marketing campaigns focused on safe, responsible and respectful travel, including the "Love Carmel Like a Local" campaign IVICCVB will work with Visit Carmel to cross-promote Carmel-by{he-Sea in at least one focused owned media post per quarter
MCCVB will include Carmel-by-the-Sea within its 2022-23 group marketing programs MCCVB will include Carmel-by{he-Sea within its 2022-23 eafied media programs NICCVB will attend Visit Carmel Board Meetings as requested and also hold up to four 30 minute "working sessions'' as requested with Visit Carmel to gauge progress in meeting obiectves and make adjustments in marketing strategies as needed Visit Carmel Executive Director will hold a position on IVICCVB Marketing committee 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: Consultant agrees to the following performance standards for the term of the Agreernent:
.
v[. MCCVB will make a concerted etfort to maintatn up-to-date and accurate information about Carmel-by-the-Sea and its tourism-based businesses on MCCVB's website and in print and digital materials
vl . MCCVB will highlight events at the Sunset Center upon its re-opening by supporting Sunset Center events in the online event calendar as information is available and include the Sunset Center as a venue for performances, meetings and conferences and wedding and special events on l\4CCVB's website and marketing materials

9. OWNERSHIP ANO USE OF MATERIALS
A. No Patent or Copvriqht lnfrinqement. Consultant guarantees that in its creation of the Materials produced under this Agreement, no federal or state patent or copyright laws were violated. Consullant 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 itwilldefend, indemnify and hold City harmless from any claim or legal ac'tion brought against the Cityfor 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.

I
xl.

Attachment 2
All Soopes 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 "Proprietanr. lf disclosure is required under the PRA or olheMise 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.

11. CONFLICT OF INTEREST
No Disclosure. Consultant must keep confidential and may not disclose, publish or release any information, data, or confidenttal information ofthe 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 purpoae 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. Consultani 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.
9alifornla_Public Records Act. Consultant acknowledges that the City is subject to the Califomia 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.

Consuhant further acknowledges that it may have access to personal information as defned under the PRA, and Consultant will not use any sucfi personal information for any purposes other than for the performance of Services under this Agreement without the advance written approval of the City.

Consultant covenants that neither Consultanl, nor any officer, principal or employee of its firm, has or will acquire any interesl, directly or indirecfly, that would conflict in any manner with the interests of City relating to this Agreement or that would in any way hinder Consultanfs 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 871OO and following) and its implementing regulations (California Code of Regulations, Tifle 2, Section ,18700 eiseq.), and California Government Code section 1090.

Consultant is required to file a Form 700 in compliance with the City's Conflict of lnterest Code unless a written determination by the City Administrator is made modifying or eliminating said requirement, or unless otheMise exempted by law. ln addition, Consultant, Consuhant's employees, and subconsultants agree as follows:

A. That they will conduct their duties related to this Agreement with imparliality, 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 coutd 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; l0

10. CONFIDENTIALITY
B,
Attachment 2
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 lhe 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.

12. DISPUTE RESOLUTION
A. Dispute Resolution Pro dures. The parties will make reasonable effo(s to promptly resolve any dispute, claim, or controversy arising out of or related to this Agreement ('Dispute") uslng the Dispute Resolution Procedures set forth in this Section.

B. l!g$Ea!!@ 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 lvlayor or Mayor Pro Tempore, and the Consultants Chair of the Board of Directors, who will meet and confer, in good faith, to resolve the Dispute to mutual satisfaction ofthe parties.

C. Mediation. lf 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 Mayor or Mayor Pro Tempore pursuanl 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 ftom the Monterey Superior Court's Court-Directed Mediator Panel list. The duration of any such mediation may not exceed 2 hours unless otheNvise agreed to by lhe 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 padicipating in mediation. The mediation willtake placewithin or in close proximity to the City of Carmelby{he-Sea. ln any mediation conducted pursuant to this section, the provlstons of Califomia Evidence Code section 1152 will be applicable to limit the admissibility of evidence disclosed by the parties in the course of the medialion- ln the event the parties are unsuccessful in resolving the dispute through the mediation process, then the parties agree that the dispute wlll 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, lnc. (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 ofthis section of any and all agreements, differences, or controversies that ll
Attachment 2
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 subiect to appellale 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, andthe prevailing party will be entitled to reasonable attornefs 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.

13. TERMINATION OF AGREEMENT
A. Termination for Gause 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 lo perform the Servicesi 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 lnterest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

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

C. steps after Termination:

Termination for Convenience. The C
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 t2
I
Attachment 2
from Consultant's default. Termination will be without prejudice to any other rights or remedies the City may have.

Upon receipt of written notice of termlnation of this Agreement by the City for any reason, Consultant must promptly cease all Services, including Services provided by any subconsultant, unless otherwise directed by the City; and lf lhis Agreement is term,nated 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. ,I4, 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. lf 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 conneclion with this Agreement, the prevailing party may recover reasonable attorneys'fees as may be determined by the Arbitrator, expe(s' fees, and other costs, in addition to any other relief to which the party may be entitled.

15. MISCELLANEOUS PROVISIONS
A. Non-dlscrimination. Durin g the performance of this Agreement, Consultant, and its subconsultants, may not unlawfully discriminate on the basis of class of persons protected under California and federal law, 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 Consullant from professional responsibility for the Services performed
C. Force Maieure. 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. Headinqs. The headings do not govern, limit, modlfy, or in any manner affect the scope, meaning or intent of the provisions of this Agreement. The headings are for convenience only.

IJ
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Attachment 2
E. Entire Aoreement. 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 pursuant to Section 18, ''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 Aqreement and Exhibits ln 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, birt all of which together will constitute one and the same Agreement.

H. Multiole Cooies of Aoreement. 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.

Authoritv. Any indivldual 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. lf 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 indemnjties will survive termination of the Agreement for any cause. lf a part of the Agreement is valid, all valid parts that are severable from the invalid part remain in effect. lf 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 Aoreement. This Agreement is non-exclusive and both the City and Consultant expressly reserve the right to enter into agreements with other Consultsnts or Cities/Jurisdictions for the same or similar services, or may have its own employees perform the same or similar seryices.

L. Assiqnment of lnterest. 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 constilutes a material breach of this Agreement upon which the City may terminate this Agreement and be entitled to damages.

M. Citv Business License. Prior to receiving a Notice to Proceed from the City, Consultant will obtain and maintain a valid City of Carmel-bythe-Sea Business License for the duration of the Agreement. Costs associated with the license are the responsibility of Consultant.
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Attachment 2
N. Laws. Consultant agrees that in the performance of this Agreement it will comply with all applicable federal, state and local laws and regulations. Ihis Agreement will be governed by and construed in accordance with the laws of the State of California and the City of Carmel-by-the-Sea.
lN 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 CARTVIEL-BY.TH E-SEA CONSULTANT
City Administrator Signature
Brian Pie k, City Attorney
Rob O'Keefe Date:

Printed Name
PresidenUCEO
Title
Monterey Countv Destination IVlarketinq
Orqanization lnc. dba tuonterev County
Convention and Visitorc €ureau
Consultant Legal Company Name
Date
Date
Date:

Citv Administrator
Title
APPROVED AS TO FORM:

By
Attest:

Nova Romero, City Clerk
l5
Chip Reriq
Printed Name
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Adopt Resolution 2022-079 authorizing the City Administrator to execute Amendment No. 2 to a Professional Services Agreement with Municipal Resource Group, LLC for a not-to-exceed amount of Forty-Six Thousand and Fifty Dollars ($46,050.00) and modify the scope of work, therein, by requiring additional services.

RECOMMENDATION:

Adopt Resolution 2022-079 authorizing the City Administrator to execute Amendment No. 2 to a Professional Services Agreement with Municipal Resource Group, LLC for a not-to-exceed amount of Forty-Six Thousand and Fifty Dollars ($46,050.00) and modify the scope of work, therein, by requiring additional services.

BACKGROUND/SUMMARY:

The City utilizes a variety of consultants to assist and facilitate the development of complex projects impacting the quality of life within the City, especially with projects that require significant experience and expertise scoping fundamental processes. The City Administrator entered into an agreement with Municipal Resource Group, LLC on May 24, 2022 for a not-to-exceed cost of Fifteen Thousand Dollars ($15,000) for a Public Works Assessment with an end date of June 30, 2023. In addition, Municipal Resource Group, LLC is providing project development services for the initial planning of a parking management program and initial data gathering and recommendations for an ambulance consolidation project and amendment no. 1 was approved during the July 13, 2022 Council meeting to increase the not-to-exceed amount to ThirtyNine Thousand Hundred and Seventy-Five Dollars ($39,975.00).

City Council provided direction to staff to coordinate the facilitation for the City Administrator’s evaluation process. Over the last several years, MRG has facilitated this process and the City Council has selected MRG to facilitate the City Administrator's annual performance evaluation. Due to the need for additional consulting services for the facilitation services for the City Administrator annual evaluation, the not-to-exceed amount will increase to Forty-Six Thousand and Fifty Dollars.

According to the Carmel-by-the-Sea Municipal Code, contracts exceeding Twenty-Four Thousand Nine Hundred and Ninety-Nine Dollars ($24,999.000) shall be entered into only by Council authorization. The proposed recommendation for City Council consideration is to authorize the City Administrator to execute Amendment No. 2 to the existing agreement with Municipal Resource Group, LLC that will increase it by an additional Six Thousand and Seventy-Five Dollars ($6,075.00) for a new not-to-exceed amount of Forty-Six Thousand and Fifty Dollars ($46,050.00) with an end date of June 30, 2023.

FISCAL IMPACT:

The $6,075.00 is budgeted in the City Administration (101-111-10-42001) FY 22/23 operating budget.

PRIOR CITY COUNCIL ACTION:

Approved Resolution 2022-056 Authorizing the City Administrator to Execute Amendment No. 1 to a Professional Services Agreement with Municipal Resource Group, LLC for a not-to-exceed amount of Thirty- Nine Thousand, Nine Hundred and Seventy-Five dollars ($39,975) and extending the term through June 30, 2023 for project development consulting services ATTACHMENTS:

Attachment 1) Resolution 2022-079 MRG Agreement
Attachment 2) Exhibit A - Amendment No. 2
Attachment 3) Exhibit B - Scope of Services

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-079

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINSITRATOR TO EXECUTE AMENDMENT NO. 2 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL RESOURCE GROUP, LLC

FOR CONSULTING SERVICES FOR A NOT-TO-EXCEED AMOUNT OF FORTY-SIX THOUSAND AND FIFTY DOLLARS (46,050.00)
WHEREAS, on May 24, 2022 the City Administrator entered into a Professional Services Agreement with Municipal Resource Group, LLC for project development consulting services in the amount of Fifteen Thousand Dollars ($15,000) for a Public Works Assessment; and WHEREAS, due to the scope and complexity of the additional consulting services of developing an initial parking management program for review and initial data gathering and recommendation for an ambulance consolidation project, the City Administrator authorized Amendment No. 1 to increase the not-to-exceed amount to Thirty-Nine Thousand Nine Hundred and Seventy-Five Dollars ($39,975.00) and extend the contract term through June 30, 2023; and WHEREAS, the City Council conducts an annual review and evaluation of the City Administrator; the City shall require the continued consulting services of Municipal Resource Group, LLC for its expertise in facilitating evaluation processes of Council-appointed positions; and
WHEREAS, the funding beyond the original Professional Services Agreement and Amendment No.1 will be exceeded for continued services; and WHEREAS, the Carmel-by-the-Sea Municipal Code requires contracts exceeding TwentyFour Thousand Nine Hundred and Ninety-Nine Dollars ($24,999.00) to be entered into only by Council authorization.

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

Authorize the City Administrator to execute Amendment No.2 to the Professional Services Agreement with Municipal Resource Group, LLC for continued consulting services in the amount of Six Thousand and Seventy-Five Dollars ($6,075.00) for a new not-to-exceed amount of FortySix Thousand and Fifty Dollars ($46,050.00). (Exhibit A)

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Attachment 1
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
AMENDMENT NO. 2
AGREEMENT NUMBER 95-21-22
Project Consulting Services –
Facilitating Annual Evaluation of the City Administrator

1. This amendment (the “Amendment”) is made by City of Carmel-by-the-Sea and Municipal Resource Group, LLC (“Consultant”), parties to agreement 95-21-22 (the “Agreement”) executed on May 24, 2022.

2. The Agreement is amended as follows:
a. Section 1.A (Scope of Services) is amended and restated as follows:

Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: Public Works Organization Assessment and individual or group coaching, division training and/or conflict resolution and relationship building; project development services for the initial planning of a business district paid parking program and initial data gathering and recommendations for ambulance consolidation project; and facilitation of Council’s evaluation process for the City Administrator’s annual evaluation. The Scope of Services is attached hereto as “EXHIBIT B”. The Scope of Services under this Agreement should include but 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. b. Section 2.A (Compensation) of the Agreement is amended and restated as follows:

Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept full as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Compensation & Fee Schedule (“EXHIBIT B”), in a total amount not-to-exceed Forty-Six Thousand and Fifty Dollars ($46,050.00). 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 budget 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.

3. Except as set forth in this Amendment, the Agreements is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this Amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail.

4. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Amendment and to bind the parties to the performance of its obligations.

Attachment 2

5. This Amendment may be executed in counterparts, each of which will be deemed an original, and all of which, when taken together, constitute one and the same instrument. The Amendment will be considered executed when the signature of a party is delivered by facsimile or other electronic transmission. Such facsimile or other electronic signature will have the same effect as an original signature.

6. If any term, condition, or covenant of this Amendment is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Amendment will not be affected and the Amendment will be read and construed without the invalid, void, or unenforceable provision.

Attachment 2
Evaluation Process:
• Customize process to reflect the needs of the City Council: Nadine will work with the Council contact to gain insight concerning high-level performance expectations, and to customize the process.
• Gather insight and input from each Council member: We utilize an online tool for use as a starting point;
• Secure comprehensive self-evaluation documents from City Administrator; • Interview each Council member individually via video conferencing, in a manner that meets their time requirements;
• Develop comprehensive draft summary including the perspectives of all members, integrated into common “themes” and goals that give consistent feedback and speak with one voice where possible;
• Review and gain consensus of draft evaluation and goals in a virtual Closed Session with City Council – clarify what is going well, areas for further development and a road map to achieve the desired performance objectives.
• Finalize and deliver evaluation summary. Meet with appointed officials to assist them in developing an action plan to meet the Council identified expectations.

EXHIBIT B Attachment 3
Project fees:

MRG estimates the professional consulting fee to conduct the City Administrator’s evaluation is $6,075. The project will include up to 27 hours at $225/hour. All meetings will be conducted via telephone or video conferencing. MRG will invoice for actual hours incurred on the project. This estimate is valid for 60 days from the date proposed.

Additional work not contemplated in this proposal will be billed at $225 per hour and will begin only after agreed upon between the City and MRG.

MRG prefers invoices to be paid electronically. Please contact Barbara Bullock for ACH information and to provide your agency form with your preferred Accounts Payable email for invoice delivery.

Barbara can be reached at [email protected].

If paying by check, please remit to the address below:

Municipal Resource Group, LLC
PO Box 561

EXHIBIT B
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Adopt Resolution 2022-080 authorizing the City Administrator to modify the job description for Police Officer
RECOMMENDATION:

Adopt Resolution 2022-080 authorizing the City Administrator to modify the job description for Police Officer.

BACKGROUND/SUMMARY:

The City’s labor team consisting of the City Administrator (Chip Rerig), former Interim Public Safety Director (Brian Uhler), Community Planning and Building Director (Brandon Swanson), and Sr. Human Resources Analyst (Jane Wilson) and the POA negotiation team embarked on a bold change model as part of the labor negotiation process with the Police Officers Association. As a result, the Police Officer job description needs modification to more closely match new, higher-level duties that are part of a “Reduced Staffing Pilot Bonus” program.

The recrafted Memorandum of Understanding (MOU) for the Police Officers Association is also on this agenda for approval. The “higher level” functions, which are part of the MOU which provide for additional payments to Officers will allow the department to reduce staffing levels. These duties, which are reflected in the revised job description, attached to this report include variety of functions that are typically not a part of a typical Policy Officer’s duties include the following:

Mental health response skills
Community policing/problem solving
Field leadership responsibilities
Detective-level capacity by patrol officers
Special event coordination duties
Crime scene leadership
Press relations
In accordance with (Carmel-by-the-Sea Municipal Code 2.52.040 (D)) the City Council approves funding of positions, job descriptions and salaries and the City Administrator proposes new positions to the City Council. Although this is not a newly created position, there are substantial changes to the job description and is part of the negotiation process. The salary and funding issues are discussed in a separate item which includes approval of the MOU.

FISCAL IMPACT:

No fiscal impact to the modifying the job description. The salary and funding issues are discussed in a separate item which includes approval of the MOU.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2022-080 Police Officer Job Description Attachment 2) Exhibit A - Job Description - Police Officer Reduced Staffing Model

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-080

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

AUTHORIZING THE CITY ADMINISTRATOR TO MODIFY THE JOB DESCRIPTION FOR

POLICE OFFICER (REDUCED STAFFING MODEL)
WHEREAS, since January 2022, the City of Carmel-by-the-Sea’s labor team consisting of the City Administrator (Chip Rerig), former Interim Public Safety Director (Brian Uhler), Community Planning and Building Director (Brandon Swanson) and Sr. Human Resources Analyst (Jane Wilson) and the Police Officer Association have been meeting collaboratively during the negotiation process; and
WHEREAS, the City’s labor team and POA negotiation team embarked on a bold change model as part of the labor negotiation process; and
WHEREAS, as a result the Police Officer job description needs modification to more closely match the new higher level duties that are part of a Reduced Staffing Pilot Bonus program; and
WHEREAS, the recrafted Memorandum of Understanding (MOU) effective July 1, 2022 for the Police Officers Association includes a higher salary and additional payments to Officers that will allow the department to reduce staffing levels; and WHEREAS, these duties in the revised job description include a variety of functions that are typically not a part of a typical Police Officer’s duties and include but not limited to: mental health response skills, community policing/problem solving, field leadership responsibilities, detective-level capacity by patrol officers, special event coordination duties, crime scene leadership, press relations and more; and
WHEREAS, in accordance with (Carmel-by-the-Sea Municipal Code 2.52.040 (D)) the City Council approves funding of positions, job descriptions and salaries and the City Administrator proposes new positions to the City Council; and
WHEREAS, although this is not a newly created position, there are substantial changes to the job description and is part of the negotiation process; and WHEREAS, the salary and funding issues are discussed in a separate item which includes approval of the MOU.

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

Authorize and approve the City Administrator to establish the modified job description for Police Officer (Reduced Staffing Model) Exhibit A
Attachment 1
Resolution No. 2022-081

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
____________________
Dave Potter Nova Romero, MMC, City Clerk
Mayor
Attachment 1

CITY OF CARMEL-BY-THE-SEA

POLICE OFFICER
(Reduced Staffing Model, Created September 2022)
Definition
Under limitedgeneral supervision, to perform a variety of duties involved in the enforcement of laws and the prevention of crimes; to conduct and participate in general investigations of crimes, accidents, and cases; to control traffic flow and enforce State and local traffic regulations; and to perform a variety of technical and administrative tasks in support of the Police Department; to conduct functions in furtherance of quality of life in the City; especially after hours and on weekends, when other City departments are not on-duty, be watchful for, report on, or take action for situations which need other City department attention; and when no other ranking field personnel are working, assume watch commander responsibility for all police operations.

Distinguishing Characteristics
This position is distinguished from the Police Sergeant in that Police Officers are not responsible for carrying out duties related to discipline and do not evaluate the performance of others. Occurring on a regular basis, Police Officers work at times when no higher ranking staff are on duty. During these times, Police Officers fulfill the leadership requirements of a Sergeant; however, in cases where disciplinary action is immediately required, Police Officers are expected to notify their Sergeant, or Chain of Command to fulfill any such action. (identify the higher level duties of the Sgt. and explain that this officer may act in the absence of the Sgt which might occur on a regular basis.

This position is distinguished from the traditional Police Officer position in that the officers in the City of Carmel also fulfill a leadership role, provide detective duties, community policing, mental health support, field training, crisis intervention, press relations, special event coordination, and after-hours City representation duties. do xxxxx (a short synopsis of the higher level duties.) Supervision Exercised
Exercises no responsibility for evaluations or discipline of others; but, the role does include leadership and oversight authority especially when working as the ranking on-duty person. supervision.

Examples of Important and Essential Duties
Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
2 Patrol a designated area of the City to preserve law and order; discover and prevent the commission of crimes; check property for physical security; and actively address community safety issues.

Respond to general public service calls and complaints including domestic disturbances, civil complaints, property control, automobile accidents, robberies, and related misdemeanor and felony incidents; when the on-scene ranking sworn staff member, take charge, assign tasks, request support from internal or external sources to ensure a quality outcome; and notify department/City leadership as defined by policy, practice, and/or organizational customs.

Investigate crimes, traffic accidents, and suspicious circumstances; collect, process, photograph, preserve, and present evidence including fingerprints, fibers, blood, and related physical evidence; interview victims, complainants and witnesses; identify and interrogate suspects; apprehend, interrogate, and search suspects and offenders; make arrests and inform persons of their rights; testify and present evidence in court; prepare supplemental reports for court cases; write search and/or arrest warrants; seek video evidence from both community and City resources, and examine and search for evidence via social media or other technology-oriented sources.

Conduct follow-up investigations with the goal of filing the case with prosecuting authorities for crimes or events which are not assigned to a detective; carry a caseload; and obtain specialized training to bolster investigative skills.

Enforce traffic laws and ordinances; check speed with radar; issue warnings and citations; evaluate and implement enforcement efforts to address community concerns about congestion and safety; and engage with members of the public to reassure and demonstrate responsiveness to their traffic-related concerns.

Direct traffic and perform crowd control at fires, special events, and other emergency or congested situations; and work with event organizers to support and plan for special events.

Contact and cooperate with other law enforcement agencies in matters relating to the apprehension of offenders and the investigation of offenses.

Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
3 Examples of Important and Essential Duties (continued) Maintain contact with citizens regarding potential law enforcement problems and preserve good relationships with the general public; take an active role in areas of public education relative to crime and crime prevention.

Prepare reports on arrests made, activities performed and unusual incidents observed.

Serve warrants and subpoenas within the department and with outside agencies; remain current on laws and procedures required for processing warrants.

Administer first aid in emergency situations until relieved by appropriate medical personnel; using Crisis Intervention Team (CIT) skills and training, properly engage with and respond to issues with people who have mental health problems..

Book prisoners in the City jail; assist in the custody, care, and welfare of prisoners; transport prisoners.

Conduct a variety of criminal investigations as assigned; conduct covert and undercover investigations as assigned; gather evidence and prepare cases for prosecution; prepare investigative reports and case information.

Assist in controlling problems of juvenile delinquency.

Take custody of lost and found property.

Pick up and transport stray animals in the absence of the Animal Control Officer.

Search for lost children.

Check public, business, and private residences for security and other safety related issues.

Furnish information and directions to the public; in the absence of ranking staff, assist the press with accurate, concise, and non-law enforcement sensitive information which reflects well on the organization.

Lead or Aattend briefings and read briefing materials.

Lead or pParticipate in training courses and programs.

Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
4 May serve in the capacity of a superior officer upon the request or absence of a superior officer.

Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
5 Other Job Related Duties
Perform related duties and responsibilities as assigned.

Job Related and Essential Qualifications
Knowledge of:

Basic Pprinciples of criminal law.

Principles and practices of record keeping and reporting.

Community Policing principals and practices.Basic principles of criminal law.

Safe driving principles and practices.

Skill to:

Learn to oOperate firearms, tasers, body worn camera system, radio system, and other modern police equipment.

Learn to oOperate modern departmental office equipment including computer equipment, law enforcement use of issued cell phone, and other specialty equipment both within the police vehicle and in the office setting.

Operate a motor vehicle safely.

Ability to:

Successfully complete P.O.S.T. training for entry level Police Officers and continuing initiative to obtain higher level P.O.S.T. certifications when plausible.

Successfully complete P.O.S.T. supervisory training as required/authorized by the department.

Follow City and department policy as well as ensure adherence to policy by others when functioning in a leadership role.

Learn and practice law enforcement techniques relating to technology and social media to bolster positive investigative and public relations outcomes.

Learn, support, and implement Community Policing problem solving techniques.

Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
6 Learn, retain, and follow City and departmental policy, customs and culture as it relates to public relations; integrating police enforcement efforts while providing top quality public service.

Learn contemporary modern police methods and procedures related to patrol, apprehension, arrest, search and seizure, traffic control, and investigation and identification techniques.

Learn contemporary modern investigative methods including interviewing and interrogation techniques.

Learn law enforcement theory, principles and practices and their application to a wide variety of services and programs.

Learn local geography, City streets, public buildings, and businesses.

Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
7 Ability to: (continued)
Learn recent court decisions and how they affect department and division operations.

Learn functions and objectives of Federal, State, and other local law enforcement agencies.

Learn self defense tactics.

Learn, properly interpret and make decisions in accordance with Federal, State and local policies, procedures, laws and regulations particularly with reference to apprehension, arrest, search and seizure, evidence and records maintenance, and traffic control.

Learn to gather, assemble, analyze, evaluate and use facts and evidence.

Learn, interpret and explain City and Department policies and procedures.

Observe accurately and remember names, faces, numbers, incidents and places.

Prepare and maintain accurate and complete reports.

Prepare clear and concise reports.

Analyze situations quickly and objectively, and determine proper course of action.

Act quickly and calmly in emergencies.

Meet and deal with the public tactfully and effectively.

Meet the physical requirements necessary to safely and effectively perform the assigned duties.

Exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs.

Communicate clearly and concisely, both orally and in writing.

Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

Attachment 2
City of Carmel-by-the-Sea
Police Officer (continued)
8 Experience and Training Guidelines:

Any combination equivalent to experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be:

Experience:

One year of experience working with the public is required; and experience as a California police officer is preferred but not required.

Training:

Equivalent to the completion of the twelfth grade supplemented by police science course work or the appropriate P.O.S.T. course of study from a P.O.S.T. Academy.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver's license.

Possession of, or ability to obtain, a P.O.S.T. Basic Certificate.

Special Requirements:

Essential duties require the following physical abilities and work environment:

Ability to sit, stand, walk, run, kneel, crouch, stoop, squat, crawl, twist, climb, and lift, carry, and/or drag heavy object or person 100 lbs.; exposure to cold, heat, noise, outdoors, vibration, confining work space, chemicals, explosive materials, mechanical hazards, and electrical hazards; ability to travel to different sites and locations; availability for shift work, on-call, and stand-by.

Must bBe free from any emotional, or mental condition, including bias against race or ethnicity, gender, nationality, religion, disability, or sexual orientation, which might adversely affect the exercise of the powers of a peace officer.

Effective Date: July, 2022April, 1995
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Approve Resolution No. 2022-081 to designate 2022 Holiday Closure from December 27 – December 30, 2022
RECOMMENDATION:

Approve Resolution No. 2022-081 to designate 2022 Holiday Closure from December 27 – December 30, 2022.

BACKGROUND/SUMMARY:

Over the course of the last few years, staff has informally been tracking the walk-ins into City Hall and reported a decrease in customers during the holiday period. Based on increase vacation requests from employees to spend time with their families throughout the years and decreased activity during the holiday season, it is being recommended to approve a holiday closure from December 27 th – December 30th
which is four business days. The City recognizes Christmas Eve (December 23 rd
), Christmas Day
(December 25
th
) and New Year’s Day (December 31
st). All essential services such as Police and
Ambulance will remain open 24/7 during this period.

Below is the 2022 holiday closure period:

Mon
(12/26)
Tue
(12/27)
Wed
(12/28)
Thu
(12/29)
Fri
(12/30)
Observed
Holiday
Holiday
Closure
Holiday
Closure
Holiday
Closure
Holiday
Closure
Mon
(1/2)
Tue
(1/3)
Wed
(1/4)
Thu
(1/5)
Fri
(1/6)
Observed
Holiday
Open Open Open Open
FISCAL IMPACT:

The City will have cost savings in utilities such as gas and electric since City buildings will be shut down during this time period. In addition, this will lower the vacation leave accruals that lowers the City’s payroll liability as employees will use leave balances for the proposed closure period.

PRIOR CITY COUNCIL ACTION:

Resolution No. 2021-082: A Resolution of the City Council of the City of Carmel-by-the-Sea designating a holiday closure from December 27 through December 31, 2021.

ATTACHMENTS:

Attachment 1) Resolution 2022-081 - Holiday Office Closure

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-081

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DESIGNATING A HOLIDAY CLOSURE FROM DECEMBER 27, 2022 THROUGH DECEMBER 30, 2022 WHEREAS, Section 6700 of the California Government Code designates days that are holidays in the State of California (“State”); and

WHEREAS, Section 6702 of the California Government Code provides that City offices shall be closed on designated State holidays unless otherwise provided by the City, and WHEREAS, public safety essential services such as Police and Ambulance will remain open 24/7 during this time period; and
WHEREAS, the City of Carmel-by-the-Sea Library will be closed per their holiday schedule during this time period; and
WHEREAS, the City Administrator has identified non-public safety staff throughout the City to be on stand-by to provide services to our community; and
WHEREAS, the City of Carmel-by-the-Sea City Council recognizes Christmas Eve on December 23; Christmas Day on December 26, and New Year’s Day on January 2nd as observed holidays.

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

Authorize a holiday closure for non-essential City services from December 27, 2022 – December 30, 2022.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of September 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED: ATTEST:
_______________________ _________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Adopt Resolution 2022-082 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea General Employees Unit, effective July 1, 2022.

RECOMMENDATION:

Adopt Resolution 2022-082 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea General Employees Unit, effective July 1, 2022.

BACKGROUND/SUMMARY:

The City of Carmel by-the-Sea General Employees Unit includes approximately 21 classifications and is represented by Laborers’ International Union of North America, United Public Employees of California, LiUNA/UPEC) Local 792. With the 2019-2022 MOU between the City and LIUNA set to expire in June 30, 2022, the negotiations teams for both parties met numerous times over the past several months in an effort to reach agreement on a successor MOU. At the Council’s request, the City and LIUNA agreed to adopt an interest based-type approach to the meetings, through which the negotiations teams started from a big picture approach and then working methodically, translated the broader concepts into shared interests and conceptual ideas, which the parties ultimately drew from to develop proposals.

The resulting shared interests and topics for exploration included:

Shared interest: Long Term Fiscal Stability/ Prudent Fiscal Management Topics explored: New/modified terms and conditions that are non-PERSable Shared interest: Maintaining service levels/service quality Topics explored: Workload and staffing levels, physical work environments Shared interest: Stability in Labor Relations
Topics explored: Term of MOU, use of Joint Labor Management Committees for continued discussions, use of re-openers to permit flexibility within a multi-year term Shared interest: Employee retention/recruitment
Topics explored: Competitive total compensation, reduced out-of-pocket expenses for employees Ultimately, the parties reached tentative agreement and on July 27, 2022, the membership voted to ratify the following major provisions for a successor MOU:

Term: July 1, 2022 through June 30, 2024
With the exception of the base increases and new 6
thsalary step for qualifying employees, all other
negotiated changes would take effect following Council adoption.

Total Compensation:

Base salary increases: 1
st year: 7%; 2nd year: 4%
Merit/longevity: addition of 6
th salary step with 3% increment for employees with at least 10 years and two most recent performance ratings of satisfactory or better $25 increase to City’s deferred compensation match (up to maximum of $50 match) New option for 100% City paid premiums for lowest cost PPO plan; continuing option for City/employee premium contributions of 80/20 for other plans.

New possibility for advanced/certification pay with details to be determined through Joint Labor Management Committee
Additional general leave day (limited to same-year use) for each year of the MOU Additional 30 minutes of paid time for attending medical appointments Limited re-opener
In the second year of the MOU, once estimated rates are known for the 2023 plan year, if the cost to the City of paying 100% of the premiums for the lowest cost PPO plan is projected to increase by more than 20% compared to the cost in the first year.

Quarterly and topic-specific JLMCs
Including but not limited to (without waiving management rights):
o Working conditions: the manner by which bargaining unit positions are filled (possible internal promotion/transfer preference), how work is performed (current employee vs. contract worker) and how it is assigned, workspace enhancements, training/professional development (scope, career ladders), remote work/telework possibilities, out-of-class issues. o Revision/update to City of Carmel incentive pay for certain advanced certificates/licenses as set forth in Section 4.4.
o Informal Salary Review of Remaining Unit Positions and Consideration of Potential Career Ladders for Library Assistant I/II.

These recommended terms align with the goals identified by the City and LiUNA/UPEC Local792 as shared interests through the interest based-type process employed for these negotiations.

FISCAL IMPACT:

The General Employees Unit annual payroll is $3,117,966. Year 1 salary increase (7%) is $218,258 and absorbed in the current adopted operating budget. Year 2 salary increase (4%) is $133,449 and will be budgeted in the FY 23/24 operating budget. The fiscal impact does not reflect the increases to the CalPERS unfunded liability (UAL) based on the negotiated salary increases.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2022-082
Attachment 2) Exhibit A - General Employees Unit Salary Schedule Attachment 3) Exhibit B - Memorandum of Understanding

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-082

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND LABORERS’ INTERNATIONAL

UNION OF NORTH AMERICA, UNITED PUBLIC EMPLOYEES OF CALIFORNIA AND ADOPTING THE

CARMEL GENERAL EMPLOYEES CLASSIFICATION SALARY PLAN IN ACCORDANCE WITH MUNICIPAL CODE 2.52.520 AS OF JULY 1, 2022
WHEREAS, the current Memorandum of Understanding (MOU) between the City and general employees represented by the Laborers’ International Union of North America, United Public Employees of California expired; and
WHEREAS, the City of Carmel-by-the-Sea has been in negotiations with Laborers’ International Union of North America, United Public Employees of California (LiUNA/UPEC) regarding salaries and benefits for the Carmel by-the-Sea General Unit; and
WHEREAS, the City and LiUNA/UPEC have reached an agreement which is embodied in the attached Memorandum of Understanding for the period of July 1, 2022 through June 30, 2024; 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; and 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, staff recommends that the City Council adopt the current City pay rates and ranges for General Unit classifications (Exhibit A).

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

1. The City of Carmel-by-the-Sea City Council authorizes and approves the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for City of Carmel-by-the-Sea General Unit, an affiliated unit of LiUNA. (Exhibit A)

2. Authorize the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea General Unit. (Exhibit B) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of SEPTEMBER, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Attachment 1
ABSTAIN: COUNCILMEMBERS:

SIGNED: ATTEST:
_______________________ ___________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

EXHIBIT A
7% effective July 1, 2022 Longevity****
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $ 19.09 $ 20.03 $ 21.04 $ 22.11 $ 23.21 $ 23.90 Public Services Maint Worker I G-142 Monthly: $ 3,308.73 $ 3,471.94 $ 3,646.27 $ 3,831.74 $ 4,022.77 $ 4,143.46 Annual: $ 39,704.70 $ 41,663.23 $ 43,755.30 $ 45,980.90 $ 48,273.26 $ 49,721.46 Facility Maintenance Worker
Forest Care Worker G-204 Hourly: $ 26.01 $ 27.31 $ 28.68 $ 30.12 $ 31.60 $ 32.55 Library Assistant Monthly: $ 4,508.69 $ 4,733.11 $ 4,970.51 $ 5,220.89 $ 5,476.83 $ 5,641.14 Public Services Maintenance Worker II Annual: $ 54,104.34 $ 56,797.31 $ 59,646.08 $ 62,650.64 $ 65,721.97 $ 67,693.63 Maintenance Worker Hourly: $ 27.33 $ 28.69 $ 30.13 $ 31.62 $ 33.21 $ 34.21 Maintenance Worker / Gardener G-214 Monthly: $ 4,736.82 $ 4,972.36 $ 5,222.74 $ 5,480.54 $ 5,756.89 $ 5,929.59 Tree Care and Care Specialist Annual: $ 56,841.82 $ 59,668.34 $ 62,672.90 $ 65,766.48 $ 69,082.62 $ 71,155.10 Hourly: $ 28.71 $ 30.15 $ 31.65 $ 33.23 $ 34.89 $ 35.94 Senior Maintenance Worker G-224 Monthly: $ 4,976.07 $ 5,226.45 $ 5,486.10 $ 5,760.59 $ 6,048.07 $ 6,229.51 Annual: $ 59,712.85 $ 62,717.41 $ 65,833.25 $ 69,127.14 $ 72,576.82 $ 74,754.12 Hourly: $ 29.41 $ 30.93 $ 32.46 $ 34.09 $ 35.80 $ 36.88 Administrative Coordinator G-229 Monthly: $ 5,098.48 $ 5,361.84 $ 5,627.06 $ 5,908.97 $ 6,205.71 $ 6,391.89 Annual: $ 61,181.74 $ 64,342.10 $ 67,524.70 $ 70,907.62 $ 74,468.58 $ 76,702.63 Hourly: $ 30.20 $ 31.70 $ 33.28 $ 34.95 $ 36.69 $ 37.79 Librarian I G-234 Monthly: $ 5,233.87 $ 5,495.38 $ 5,768.01 $ 6,057.34 $ 6,359.65 $ 6,550.44 Annual: $ 62,806.43 $ 65,944.53 $ 69,216.16 $ 72,688.10 $ 76,315.82 $ 78,605.30 Hourly: $ 30.97 $ 32.51 $ 34.13 $ 35.83 $ 37.62 $ 38.75 Finance Specialist G-239 Monthly: $ 5,367.41 $ 5,634.48 $ 5,916.39 $ 6,211.28 $ 6,521.01 $ 6,716.64 Permit Technician Annual: $ 64,408.86 $ 67,613.73 $ 70,996.64 $ 74,535.34 $ 78,252.10 $ 80,599.66 Hourly: $ 31.43 $ 33.01 $ 34.65 $ 36.38 $ 38.19 $ 39.33 Community Activities Assistant I G-242 Monthly: $ 5,447.16 $ 5,721.65 $ 6,005.41 $ 6,305.87 $ 6,619.31 $ 6,817.88 Annual: $ 65,365.87 $ 68,659.76 $ 72,064.93 $ 75,670.40 $ 79,431.66 $ 81,814.61

CITY OF CARMEL-BY-THE-SEA
PAY SCHEDULE FOR GENERAL EMPLOYEES UNIT (affiliated unit of LiUNA) CLASSIFICATIONS EFFECTIVE JULY 1, 2022
PENDING APPROVAL: City Council September 13, 2022, Resolution #2022-082

EXHIBIT A
7% effective July 1, 2022 Longevity****
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

CITY OF CARMEL-BY-THE-SEA
PAY SCHEDULE FOR GENERAL EMPLOYEES UNIT (affiliated unit of LiUNA) CLASSIFICATIONS EFFECTIVE JULY 1, 2022
PENDING APPROVAL: City Council September 13, 2022, Resolution #2022-082 Circulation Supervisor Hourly: $ 31.74 $ 33.32 $ 34.99 $ 36.74 $ 38.58 $ 39.74 Facility Maintenance Specialist* G-244 Monthly: $ 5,500.94 $ 5,775.43 $ 6,064.76 $ 6,368.93 $ 6,687.93 $ 6,888.57 Annual: $ 66,011.30 $ 69,305.18 $ 72,777.12 $ 76,427.10 $ 80,255.14 $ 82,662.79 Hourly: $ 32.38 $ 33.99 $ 35.68 $ 37.47 $ 39.32 $ 40.50 Planning Technician G-248 Monthly: $ 5,612.22 $ 5,892.28 $ 6,185.31 $ 6,495.04 $ 6,815.90 $ 7,020.38 Annual: $ 67,346.66 $ 70,707.31 $ 74,223.76 $ 77,940.51 $ 81,790.80 $ 84,244.52 Hourly: $ 33.04 $ 34.68 $ 36.41 $ 38.23 $ 40.15 $ 41.35 Program Supervisor (Community
Activities)** G-252 Monthly: $ 5,727.21 $ 6,010.97 $ 6,311.43 $ 6,626.72 $ 6,958.71 $ 7,167.47 Annual: $ 68,726.53 $ 72,131.70 $ 75,737.17 $ 79,520.69 $ 83,504.51 $ 86,009.65 Hourly: $ 33.35 $ 35.02 $ 36.79 $ 38.63 $ 40.56 $ 41.78 Librarian II G-254 Monthly: $ 5,781.00 $ 6,070.32 $ 6,376.34 $ 6,695.35 $ 7,031.04 $ 7,241.97 Annual: $ 69,371.95 $ 72,843.89 $ 76,516.13 $ 80,344.16 $ 84,372.50 $ 86,903.67 Hourly: $ 33.75 $ 35.44 $ 37.21 $ 39.08 $ 41.03 $ 42.27 Information Technology Technician Monthly: $ 5,466.39 $ 5,739.71 $ 6,026.69 $ 6,328.03 $ 7,112.65 $ 7,326.03 Annual: $ 65,596.65 $ 68,876.48 $ 72,320.31 $ 75,936.32 $ 85,351.76 $ 87,912.31 Hourly: $ 35.05 $ 36.84 $ 38.67 $ 40.60 $ 42.62 $ 43.90 Assistant Planner G-264 Monthly: $ 6,075.33 $ 6,385.60 $ 6,702.80 $ 7,037.33 $ 7,387.47 $ 7,609.09 Annual: $ 72,904.00 $ 76,627.20 $ 80,433.60 $ 84,448.00 $ 88,649.60 $ 91,309.09 Hourly: $ 36.50 $ 38.32 $ 40.23 $ 42.23 $ 44.35 $ 45.68 Community Activities Assistant *** G-272 Monthly: $ 6,326.67 $ 6,642.13 $ 6,973.20 $ 7,319.87 $ 7,687.33 $ 7,917.95 Annual: $ 75,920.00 $ 79,705.60 $ 83,678.40 $ 87,838.40 $ 92,248.00 $ 95,015.44 Hourly: $ 38.74 $ 40.70 $ 42.71 $ 44.85 $ 47.10 $ 48.51 Code Compliance Coordinator G-284 Monthly: $ 6,714.93 $ 7,054.67 $ 7,403.07 $ 7,774.00 $ 8,164.00 $ 8,408.92 Annual: $ 80,579.20 $ 84,656.00 $ 88,836.80 $ 93,288.00 $ 97,968.00 $ 100,907.04

EXHIBIT A
7% effective July 1, 2022 Longevity****
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6

CITY OF CARMEL-BY-THE-SEA
PAY SCHEDULE FOR GENERAL EMPLOYEES UNIT (affiliated unit of LiUNA) CLASSIFICATIONS EFFECTIVE JULY 1, 2022
PENDING APPROVAL: City Council September 13, 2022, Resolution #2022-082 Hourly: $ 39.54 $ 41.51 $ 43.58 $ 45.76 $ 48.04 $ 49.48 Streets Supervisor G-288 Monthly: $ 6,853.60 $ 7,195.07 $ 7,553.87 $ 7,931.73 $ 8,326.93 $ 8,576.74 Annual: $ 82,243.20 $ 86,340.80 $ 90,646.40 $ 95,180.80 $ 99,923.20 $ 102,920.90 Hourly: $ 39.72 $ 41.71 $ 43.80 $ 45.99 $ 48.28 $ 49.73 Finance Analyst G-294 Monthly: $ 6,884.80 $ 7,229.73 $ 7,592.00 $ 7,971.60 $ 8,368.53 $ 8,619.59 Annual: $ 82,617.60 $ 86,756.80 $ 91,104.00 $ 95,659.20 $ 100,422.40 $ 103,435.07 Hourly: $ 41.13 $ 43.20 $ 45.36 $ 47.63 $ 50.02 $ 51.52 Assistant City Forester G-296 Monthly: $ 7,129.20 $ 7,488.00 $ 7,862.40 $ 8,255.87 $ 8,670.13 $ 8,930.24 Annual: $ 85,550.40 $ 89,856.00 $ 94,348.80 $ 99,070.40 $ 104,041.60 $ 107,162.85 Hourly: $ 44.99 $ 47.26 $ 49.62 $ 52.09 $ 54.70 $ 56.34 Building Inspector G-314 Monthly: $ 7,798.27 $ 8,191.73 $ 8,600.80 $ 9,028.93 $ 9,481.33 $ 9,765.77 Annual: $ 93,579.20 $ 98,300.80 $ 103,209.60 $ 108,347.20 $ 113,776.00 $ 117,189.28 **Program Supervisor (Recreation) is the official job description ***Community Activities Assistant classification salary range will be eliminated through attrition. *Building Maintenance Specialist is the official job description

MEMORANDUM OF UNDERSTANDING
Between the
City of Carmel-by-the-Sea
And the
Carmel-by-the-Sea General Unit
For the period
July 1, 2019 2022 through June 30, 20222024
Attachment 3

TABLE OF CONTENTS
Page
-iARTICLE 1: PREAMBLE ............................................................................................................ 1 ARTICLE 2: RECOGNITION ...................................................................................................... 1 ARTICLE 3: TERM OF CONTRACT .......................................................................................... 2 ARTICLE 4: COMPENSATION .................................................................................................. 2 ARTICLE 5: EDUCATIONAL INCENTIVE PAY.................................................................... 34 ARTICLE 6: CAL-PERS CALPERS RETIREMENT PLAN ...................................................... 5 ARTICLE 7: UNION SUPPLEMENTAL RETIREMENT PLAN ............................................. 78 ARTICLE 8: DEFERRED COMPENSATION .......................................................................... 78 ARTICLE 9: UNIFORM ALLOWANCE ..................................................................................... 8 ARTICLE 10: HOLIDAYS ........................................................................................................... 8 ARTICLE 11: GENERAL LEAVE ............................................................................................... 9 ARTICLE 12: HOURS OF WORK ............................................................................................... 9 ARTICLE 13: VACATION ACCRUAL PLAN ....................................................................... 910 ARTICLE 14: VACATION BUY BACK ................................................................................... 10 ARTICLE 15: BEREAVEMENT LEAVE .................................................................................. 10 ARTICLE 16: SICK LEAVE .................................................................................................. 1011 ARTICLE 17: CATASTROPHIC ILLNESS/SICK LEAVE HOURS TRANSFER .................. 12 ARTICLE 18: OVERTIME COMPENSATION AND/OR COMPENSATORY TIME ............ 13 ARTICLE 19: CALL-BACK/STAND-BY PAY ........................................................................ 14 ARTICLE 20: LONGEVITY/MERIT PROGRAMLONGEVITY/MERITSTEP ...................... 14 ARTICLE 21: INSURANCE PROGRAMS ................................................................................ 15 ARTICLE 22: WORKERS’ COMPENSATION: SALARY CONTINUATION NONSAFETY EMPLOYEES ............................................................................... 1817 ARTICLE 23: OTHER BENEFITS......................................................................................... 1817 ARTICLE 24: UNION SECURITY/ACCESS ........................................................................ 1918 ARTICLE 25: IMPASSE RESOLUTION............................................................................... 2120 ARTICLE 26: GRIEVANCE ARBITRATION ...................................................................... 2120 ARTICLE 27: MANAGEMENT RIGHTS ............................................................................. 2221 ARTICLE 28: HARASSMENT POLICY ................................................................................... 23 ARTICLE 29: SEPARABILITY ................................................................................................. 23 Attachment 3
1 Memorandum of Understanding
between
The City of Cannel-by-the-Sea Carmel-by-the-Sea
and
City of Carmel-by-the-Sea General Unit
ARTICLE 1: PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Carmelby-the-Sea, hereinafter referred to as “City,” and the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, hereinafter referred to as “Union” pursuant to California Government Code Section 3500 et seq. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment. Existing practices and/or benefits which are not referenced in this MOU and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.

ARTICLE 2: RECOGNITION

2.1 The City of Carmel-by-the-Sea recognizes the Union as the exclusive representative for the following full time and regular part-time positions in accordance with Article

2.52.055 of the Carmel Municipal Code for the following classifications.

1. Administrative Coordinator (Fire, Planning and Building, and Public Works)

2. Assistant City Forester

3. Assistant Planner

4. Building Inspector

5. Facility Maintenance Specialist*

6. Circulation Supervisor

7. Code Enforcement OfficerCoordinator

8. Community Activities Assistant

9. Facility Maintenance Worker

9. Finance Analyst

10. Finance Specialist

11. Financial Services Coordinator

12. Forest Care Worker

13. IT Technician

14. 13.Librarian I

15. 14.Librarian II

16. 15.Library Assistant

17. 16.Maintenance Worker I/II

18. 17.Maintenance Worker/Gardener III

19. 18.Permit Technician

20. 19.Planning Technician

21. 20.Program Supervisor — Community Activities**
Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
2 21. Public Service Maintenance Worker I

22. Public Service Maintenance Worker II

23. Senior Maintenance Worker (Cement Mason, Equipment Operator, Sweeper Operator, Traffic Markings Painter, Mechanic)

22. 24.Streets Supervisor

23. 25.Tree Climber and Care Specialist
* Official classification on file is Building (Facility) Maintenance Specialist. ** Official classification on file is Program Supervisor – Recreation.

2.2 Notwithstanding any other provisions in this MOU, part time hourly positions are not entitled to any other compensation or benefit not specifically listed herein.

ARTICLE 3: TERM OF CONTRACT

3.1 The term of this MOU shall be from July 1, 2019 2022 through June 30, 20222024.

ARTICLE 4: COMPENSATION

4.1 Wages:

Effective January 1, 2020, the hourly rate salary steps for all classes in this bargaining unit shall be increased by three and one-half percent (3.5%). Effective January 1, 2021, the hourly rate salary steps for all classes in this bargaining unit shall be increased by two percent (2.0%). Effective January July 1, 2022, the hourly rate salary steps for all classes in this bargaining unit shall be increased by one and one quarter percent (1.25seven percent (7%). Effective July 1, 2023, the hourly rate salary steps for all classes in this bargaining unit shall be increased by four percent (4%).

4.2 Bilingual Pay Differential Eligibility (Spanish):

A. Any certified bilingual (Spanish) speaking person employed in a designated public contact position, who has been assigned duties in writing involving regular and frequent use of bilingual skills, shall be eligible to receive one-hundred dollars ($100) per month.

B. Regular and frequent use shall mean using the skill on the average of once per workday. However, exceptions can be made at the discretion of the Department Head with the concurrence of the City Administrator.

C. The bilingual differential allowance shall cease when the position is no longer determined as requiring bilingual skills or the employee is assigned to a position which does not require bilingual skills.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
3 D. An employee who pis is on leave of absence without pay during a pay period shall receive the bilingual differential in proportion to the relationship of the time worked during that pay period bears to eighty (80) hours.

4.3 Out of Class Pay:

The purpose of this provision is to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months (pursuant to CalPERS regulations).

Out of class pay will be provided when the following conditions are met:

1. There is a vacant position specifically allocated to the department.

2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (2) pay periods.

3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of the employee’s current class.

4. The assignment and the duration of the assignment is made by the department head in writing specifying the period of the temporary assignment and is approved by the City Administrator.

5. The employee must satisfactorily perform the essential functions of the job class to which that employee is assigned.

6. The employee meets the minimum qualifications identified in the job description of the classification being assigned.

Such temporary assignment shall not be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater.

If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in the employee’s regular class. If the employee receives out of class pay greater than seven-and onehalf percent (7.5%), and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration of the assignment.

The out of class pay shall cease when any of the following occur:

1. The absent incumbent returns to duty.

2. The vacant position is filled.

3. The assignment is terminated in writing by the appointing authority, whichever occurs first.

Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
4 4.4 Advanced Certification/License Pay
As recommended by a Department Head and subject to approval by the City Administrator, the City may provide a flat monthly payment to employees who obtain certification or license that provides added benefit to the City, beyond the requirements of the employee’s position. The Parties agree that topics of eligible types of certifications or licenses, the amounts of pay, and limits on numbers of pay and numbers of employees authorized to receive pay will all be included in the Joint Labor Management Committee meetings intended to take place during the term of this Agreement, pursuant to Section 27.5 of this Agreement.

ARTICLE 5: EDUCATIONAL INCENTIVE PAY

5.1 Payment Established: The City Council, having determined the acquisition of additional education by employees makes those employees more valuable to the City, does hereby establish an Educational Incentive Pay Plan (EIP).

5.2 Definitions: For the purpose of this program, the following definitions shall apply:

5.2.1 Base Salary shall mean the monthly salary of the employee as established by the City Council and shall not include any overtime, holiday-in-lieu pay or allowances or other supplemental benefits.

5.2.2 Satisfactory Completion shall mean a grade of “C” or better in any course.

No more than one-third (1/3) of the total number of units considered for EIP may be on a “credit only” or “pass/fail” basis (limit of 10 out of 30 units or 20 out of 60 units). Units earned with a “Credit Minus” grade will not be considered eligible under the EIP program.

5.3 College Level shall mean any post-high school educational institution accredited by the California State Department of Education, the Western Association of Schools and Colleges, or by equivalent organizations in other states and countries, or which have the prior approval of the City Administrator.

5.4 Job-Related shall mean any college level course related to technical or specialized aspects of the employee’s position, as well as courses meeting general educational degree requirements, which are reasonably job-related. The City Administrator’s determination of the eligibility of any course shall be final and shall be obtained prior to taking a course.

5.5 Units shall mean semester units (two semesters to a full academic year). Each quarterly or trimester unit shall be counted at a value of .67% of a semester unit.

5.6 Rates of additional compensation:

5.6.1 Academic Education. Upon satisfactory completion of 30 units of college level related courses, the employee shall receive a salary increase equal to two and one-half percent (2.5%) of their base salary. Upon attainment of 60 units or the attainment of an Associate Degree, the employee shall receive a salary increase equal to five percent (5%) of base salary.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
5 5.6.2 Non-Academic Training or Instruction. For eligible employees, the City Administrator, upon recommendation of the Department Manager, may grant prior approval for a course of instruction or training, which would lead to the attainment of ElP. The City Administrator shall be guided in this determination by the value to the City of the employee’s knowledge and/or skill accumulation, and by the employee’s expenditure of time and effort as compared to that put forth by an employee earning the same level of EIP by the accumulation of college-level units (at approximately 30 to 54 hours per college unit).

5.6.3 In no case shall the EIP rate of compensation exceed five percent (5%).

5.7 Eligibility: In order for employees to be eligible for EIP, ALL of the following conditions shall be met:

5.7.1 A regular employee shall become eligible once successfully completing 18 months of continuous service to the City except that this period of time may be waived at the discretion of the City Administrator.

5.7.2 The education, training or instruction shall be acquired at times when the City does not compensate the employee. Reimbursement to the employee by the City for the costs of books, tuition, or supplies shall not affect eligibility. Scholarships or veterans’ benefit shall not be considered compensation.

5.7.3 Credit shall not be given for work experience, even though an academic institution may have given credit for such experience, until such time as a degree is granted the employee by such institution.

5.7.4 The employee shall submit to the City Administrator through the Department Manager a list of courses and credits, together with transcripts or other proof of satisfactory completion, as may be required to verify the acquisition of claimed credits.

5.8 Time of payment: EIP shall be paid to eligible employees beginning with the pay period in which the City Administrator has approved the application for EIP.

5.9 All members shall maintain any license or certification required for his or her position by the Department of Transportation.

ARTICLE 6: CAL-PERS CALPERS RETIREMENT PLAN

6.1 Tier I: Bargaining unit members hired on or before November 1, 2011.

6.1.1 The “2% at 55” retirement formula shall be available to bargaining unit members hired on or before November 1, 2011.

6.1.2 Final Compensation Based on 12-Month Period:

For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by this Section mean the highest consecutive twelve (12) month period.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
7 towards the City’s costs, for a total contribution of 10% toward the normal cost of pension benefits, as permitted by Cal. Gov. Code Section 20516.

The parties acknowledge that CalPERS mandates an election by unit memberSmembers, separate from ratification of this MOU, to provide for this cost sharing pursuant to Cal. Gov. Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the PERS contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the PERS contract, unit member contributions will be made pursuant to Cal. Gov. Code Section 20516. If the contract amendment is not complete before the effective date of the cost sharing described in this Section, the cost sharing shall be implemented outside of a PERS contract amendment as authorized by Cal. Gov. Code Section 20516(f). The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section.

6.3 Tier III: PEPRA Retirement Tier Required for Bargaining Unit Members Hired On or After January 1, 2013 (Non-Classic Members).

6.3.1 This Section shall apply to bargaining unit members who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (non-Classic Members) as stated in Cal. Gov. Code Section 7522.02(c).

6.3.2 2% at 62 Formula: The “2% at 62” retirement formula will be available to bargaining unit members covered by this Section.

6.3.3 Final Compensation Based on Three-Year Final Average Salary: For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by this Section shall be determined by the average of the final three years of the member’s salary.

6.3.4 Required Member Contributions: As required by Cal. Gov. Code Section 7522.04(g), effective January 1, 2013, bargaining unit members covered by this Section shall pay, through payroll deduction, fifty percent (50%) of normal costs.

6.3.5 Pension Cost Sharing:

In addition to paying 50% of normal costs as described above, bargaining members covered by this Section shall pay, through payroll deduction, an additional 3.0% of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Cal Gov. Code Section 20516.

The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, unit member contributions will be made pursuant to Government Code Section 20516, Unit member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in this Section, the cost sharing shall be implemented outside of a CalPERS contract amendment as Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
8 authorized by Government Code Section 20516(f). The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section.

6.4 As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit member shall pay through payroll deductions the PERS contributions described in Section 6 with state and federal income tax on the PERS member contribution deferred to the extent permitted by law, including but not limited to, Internal Revenue Code, 26 USC Section 414(h)(2).

6.5 The City shall provide bargaining unit members with those optional benefits which it has elected to provide to bargaining unit members in its contract with CalPERS and in accordance with the Public Employees Retirement Law.

ARTICLE 7: UNION SUPPLEMENTAL RETIREMENT PLAN

7.1 Effective the first pay period after adoption by the City Council of this MOU, the City shall contribute $1 per hour worked, excluding overtime, to the Laborer’s International Union of North America, National (Industrial) Pension Fund, on behalf of each eligible employee who is: 1) represented by the Union, and 2) regularly scheduled to work twenty (20) hours or more per week.

ARTICLE 8: DEFERRED COMPENSATION

8.1 The City offers employees the opportunity to participate in a deferred compensation (457) plan on a voluntary basis through the payroll deduction plan. Participation and contributions are regulated by the rules and regulations established by the Internal Revenue Service (IRS) for such plan (457 Plans). Nothing in this section shall prohibit or restrict this voluntary participation, in the plan(s) offered by the City.

8.2 The City shall make monthly contributions on behalf of each eligible employee in the amount of $25. In addition, effective with the first pay period following Council adoption of this Agreement, the City shall match up to $25 50 per month of contributions made by the employee. In no case shall the City contribute in excess of $50 75 per month to any individual employee’s deferred compensation. It shall be the responsibility of the employee to specify the plan and investment option.

ARTICLE 9: UNIFORM ALLOWANCE

9.1 Effective the first day of the pay period following the City Council’s approval of this agreement, the City will reimburse all represented Union employees for expenditures of up to $300 per year for items of uniform required for them to perform their jobs. Employees shall provide receipts for all purposes for which they are requesting reimbursement.

9.2 Effective the first day of the pay period following the City Council’s approval of this agreement, the City shall continue to provide uniforms to all represented Union employees who are required to wear them at no cost to the employee.

The uniform items and cost, including reimbursement costs, for all represented Union employees Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
9 who are required to wear a uniform is set forth in Appendix “A.” The parties agree that to the extent permitted by law, the monetary value of compensation for the cost of uniform items and reimbursement costs are special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(5) — Statutory Items.

ARTICLE 10: HOLIDAYS

10.1 The following 12 holidays shall be observed:

1. New Year’s Day, January 1st

2. Third Monday of January (Martin Luther King Day)

3. Lincoln’s Birthday, February 12th

4. President’s Day, Third Monday of February

5. Memorial Day, Last Monday of May

6. Independence Day, July 4th

7. Labor Day, First Monday of September

8. Veterans’ Day, November 11th

9. Thanksgiving Day, Fourth Thursday in November

10. Friday immediately following the Thursday in November designated as Thanksgiving

11. Christmas Eve, December 24

12. Christmas Day, December 25

10.2 In the event a holiday falls on a Saturday, Municipal Departments shall remain open on the preceding Friday, but employees shall be given either the preceding Friday or the following Monday, at the discretion of the Department Manager and City Administrator, as an in-lieu holiday. If a holiday falls on a Sunday, it shall be observed on Monday.

ARTICLE 11: GENERAL LEAVE

11.1 Each bargaining unit employee shall be entitled to one day two days (8 a maximum of 16 hours) of general leave per year during the period of the contract. The Department Manager shall approve use of general leave. General leave may not be accumulated from one year to the next.

ARTICLE 12: HOURS OF WORK

12.1 Workweek: The normal workweek shall consist of five (5) days, Monday through Friday, inclusive.

12.2 Workday: The normal workday shall consist of eight (8) consecutive hours of work within a maximum nine-hour period, interrupted by an unpaid lunch break of not less than onehalf hour nor more than one hour. The normal workday shall fall within the hours between 7:00 a.m., and 6:00 p.m. Input from employees at each work site is welcomed. An employee shall be given seven (7) calendar days’ notice before a change in the daily work schedule can be implemented.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
10 12.3 Change in flours of Work: Should, in the judgment of the City, it be necessary to establish daily or weekly work schedules departing from the normal workday or the normal workweek for a period exceeding two (2) weeks, the City shall meet and discuss the proposed change with the Union at least ten (10) days in advance, except in cases deemed to be an emergency by the City Administrator.

12.4 Alternative Work Schedules: During the term of this Agreement the parties may mutually agree to meet and confer regarding alternative work schedule and notwithstanding subsections A and B above, the City and the Union may agree to establish alternative work schedules consisting of forty (40) hours in a work week or eighty (80) hours in a bi-weekly period.

Alternative work schedules may be implemented on a Department-by-Department basis.

12.4.1 All full-time employees shall be scheduled to work eighty (80) hours within a nine (9) consecutive day period. The scheduled day off shall be either a Friday or Monday, providing that this work schedule for the library employees does not cause a reduction of hours the library is open to the public.

12.4.2 Rest Periods: During their normal eight (8) hour workday, employees will be granted two (2) fifteen (15) minute rest periods in the approximate middle of each half shift, which may be scheduled by the City.

ARTICLE 13: VACATION ACCRUAL PLAN

13.1 The following vacation accrual schedule shall be in effect:
1-4 years of service: 80 hours per year
5-10 years of service: 120 hours per year
11-15 years of service: 160 hours per year
15 years of service and over: 176 hours per year

13.2 Vacation accrual will be reflected in the City’s books on a month-to-month basis in hours.

13.3 The maximum amount of vacation time that may be held in an unused status shall be the amount an employee is entitled to accrue in two (2) anniversary years. The department manager may grant exceptions with approval by the City Administrator.

13.4 The CITY agrees to recommend that the City Council eliminate Municipal Code

2.52.630 (Vacations: Eligibility of Use).

ARTICLE 14: VACATION BUY BACK

14.1 The parties agree that eligible members of the UNION will have the option, subject to approval by the City administrator, to sell up to forty (40) hours of accumulated vacation per fiscal year to the CITY in exchange for compensation at the employee’s current hourly rate in the fiscal year sold.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
11 14.2 To qualify, an employee must have taken at least 40 hours of vacation in the 12 months prior to the request and have at least a one-year accrual balance remaining on the books after the sale of vacation hours.

ARTICLE 15: BEREAVEMENT LEAVE

15.1 Each member of the Union shall be entitled to twenty-four (24) hours of bereavement leave each fiscal year for serious illness, disability, or death in the employee’s immediate family. If the employee exhausts the 24 hours of bereavement leave, the employee shall be permitted to use up to two days of accrued sick leave as bereavement leave. If the employee exhausts the 24 hours of bereavement leave and has used two additional days of sick leave, and experiences an additional incident qualifying for bereavement leave in the same calendar year, the employee shall be permitted to use up to an additional five days of accrued sick leave as bereavement leave.

15.2 Immediate family is defined as the employee’s spouse, child, step-child, parent, stepparent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brother-in-law, registered domestic partner or any other person approved by the department manager. The department manager may require the employee furnish satisfactory proof to substantiate the use of bereavement leave. Bereavement leave shalt not be subtracted from an employee’s sick leave account and shall not accrue from one fiscal year to the next.

ARTICLE 16: SICK LEAVE

16.1 The City shall continue to grant each eligible employee of the Union eight (8) hours of sick leave per month. These days are to be used in accordance with the procedure(s) outlined below and in the Personnel Ordinance of the Municipal Code (Sections 2.52.660 — 2.52.685) of the City of Carmel-by-the-Sea.

16.2 Sick leave shall be charged against an employee’s credit only for regular working days and shall not be charged for time absent on holidays or other authorized days off. Charges against an employee’s credit shall be rounded off to the lowest hour.

For example:

Time off work Time charged
59 minutes or less 0
1 hour 1 hour
1 hour and any segment of the next hour 1 hour
A. Medical appointments of 59 90 minutes or less, with written physician verification, shall not be charged to an employee’s sick leave account B. Medical appointments of 59 90 minutes or less, without written physician verification, shall be charged to employee’s sick leave account in 15-minute segments.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
13 16.5 Pursuant to Government Code Section 20965 to the City’s CalPERS retirement contract, an employee may elect to use sick time available to him/her under the provision of the contract for sick leave service credit. If an employee elects to use sick leave available for service credit, such time cannot also be applied to the “sell back” provision under this section.

ARTICLE 17: CATASTROPHIC ILLNESS/SICK LEAVE HOURS TRANSFER

17.1 Development of Policy: The parties agree to meet and confer during the term of this Agreement regarding a Catastrophic Leave Donation Policy, which is intended to include, but not be limited to the following terms:

17.1General Requirements: A. An employee or their immediate family member shall be faced with or have incurred either a catastrophic illness or major injury from an accident in order to be eligible for this program. The appointing authority (City Administrator) shall determine individual determinations of catastrophic illness or major injury from an accident. An employee must first request and receive authorization from the City Administrator to take an unpaid leave of absence. If a leave of absence is authorized, the City makes no guarantee that paid leave will be donated by other employees.

17.2B. The employee requesting the transfer of sick leave hours must have reached zero balances in the sick leave, vacation, and compensatory time and executive leave accounts during the illness or recovery period in order to be eligible.. If approved, leave is transferred on an hour-for-hour basis. There will be no accrual of paid leaves or attachment of seniority rights to any donated hours (except where required by law). Unless otherwise required by law, employees receiving paid worker’s compensation or disability benefits are not eligible to receive donated leave.

17.3C. Generally, the illness or accident recovery period must be longer than three weeks for the employee to be eligible. The appointing authority Human Resources will evaluate each request and may modify this time period based on the facts of the case.

17.4D. An employee desiring to contribute to the transfer of hours must maintain a minimum balance of 120 hours after the transfer has been deducted from the donor’s sick leave account.

17.5 Employee Use of the Program — Employees MUST:

17.2 The parties understand and agree that to the extent the above anticipated policy terms expand or modify the City’s current practice, they shall not take effect until adoption of the policy.

A. Notify their Department Manager requesting assistance in utilizing the program.

B. State the reason for the request and the approximate number of hours they believe will be, needed.

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
14 17.6 The Department Manager WILL:

A. File the employee’s request with Human Resources.

17.7 Human Resources WILL:

A. Present the request to the City Administrator for authorization and determination of the validity of the request.

B. Disseminate notices to Municipal Departments stating that an employee is in need of sick leave hours and request interested employees to contact Human Resources.

C. Maintain the confidentiality of the employee(s) who donates sick leave hours to the employee in need.

D. Notify the Finance Specialist to make the transfer of sick leave hours when the transfer is approved.

17.8 The City Administrator WILL:

A. Review requests for participation in the program.

B. Authorize or deny the transfer of sick leave hours pursuant to the request.

ARTICLE 18: OVERTIME COMPENSATION AND/OR COMPENSATORY TIME

18.1 The City shall comply with the regulations established by the Fair Labor Standards Act (FLSA).

18.2 Overtime shall be compensated at time and one-half for all work performed over the normal forty (40) hour work period for those employees entitled to overtime pursuant to the guidelines and regulations established by the FLSA. Paid time off shall be counted as time worked.

18.3 Employees entitled to overtime compensation may, in-lieu of monetary compensation for statutory overtime, choose to take compensatory time off at a rate of not less than one and one-half hours for each hour of overtime worked. Compensatory time shall only be granted upon approval of the Department Manager.

18.4 Accrued compensatory time must be permitted to be used within a reasonable period” of time as long as it does not “unduly disrupt” the operations of the agency. (Per FLSA guidelines).

18.5 Compensatory time may be accrued up to the following limits with Department Manager approval as follows:
• 75 hours (equals 50 straight-time hours)
Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
15 18.6 In the event compensatory time is sold back to the City, it will be paid at the straight hourly rate since it was accumulated at the time and one-half rate.

ARTICLE 19: CALL-BACK/STAND-BY PAY
In situations where an employee is called back to work during a non-scheduled period of time the employee shall be granted a minimum of two (2) hours overtime. Travel time to and from the workplace shall not be considered time worked.

A. Standby is any time other than time when the employee is actually on duty during which an employee is not required to be on City premises but to stand by ready to immediately report for duty and must arrange communication such that the supervisor can reach the employee within fifteen (15) minutes or less.

If an employee is placed on standby duty, such employee shall be compensated for the time spent on assigned standby at two dollars and fifty cents ($2.50) per hour. If such standby is spent on weekends or holidays, the employee shall be compensated at three dollars ($3.00) per hour. No employee shall be compensated for standby duty and call back work simultaneously.

The City may assign employees who will be required to perform stand-by duty with fourteen (14) days’ notice, except in the event of a pending/forecasted storm or in other emergency situations.

ARTICLE 20: LONGEVITY/MERIT PROGRAM

20.1 The Union and the City agreed to discontinue the longevity/merit program (LMP) for all employees in the Union who are not eligible and receiving the benefit under the LMP, as of July 1, 2001.

20.2 For the Term of this Agreement, the Union and the City agree to continue the longevity/merit program (LMP) for employees who met the following qualifications:

ARTICLE 20: LONGEVITY/MERITSTEP

20.1 Addition of Sixth Step
Union and City agree to add a sixth step to the salary ranges for positions represented by the Union. The increment between the 5th and 6th steps will be three percent (3%). Employees who meet the eligibility criteria set forth below on or before July 1, 2022, shall be placed on the 6th step effective July 1, 2022. Employees who meet the eligibility criteria after July 1, 2022 shall be placed on the 6th step in accordance with the City’s usual practice for timing of performance-based increases.

Eligibility: To qualify for placement on the 6th step, an employee MUST:

A.Had A. Have completed ten (10) continuous years of service with the City of Carmel-by-the-Sea as of July 1, 2001; and; and
B. Have received a Satisfactory or higher performance rating on the Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
16 employee’s two (2) most recent performance reviews.

B. Receive a Satisfactory performance evaluation during the Fiscal Year, July 1 through June 30.

1. Employees receiving more than one performance evaluation during the fiscal year shall have eligibility based on the first evaluation received in the fiscal year.

2. Once completed performance evaluations are received in the Personnel Office, LMP eligibility will be checked. Employees meeting the program requirements shall receive the defined benefit.

20.3 Rate of Compensation. Employees meeting the requirements of the LMP program shall receive compensation for $1,200 less mandated deductions.

20.4 For purposes of the LMP program the following performance evaluation rating definitions shall apply:

Satisfactory: This is the level of work expected of a fully competent employee. The employee is meeting the standards required for the position.

Marginally Satisfactory: The work performance is less than that expected of a fully competent employee.

Unsatisfactory: The work performance is inferior to the standards required for the position.

ARTICLE 21: INSURANCE PROGRAMS

21.1 The City offers a variety of insurance protection programs for the employee and dependents. Some protection is provided through fully insured instruments. Other protection is provided through a City self-funded program. Other protection is employee funded.

21.2 For the purposes of this section the following definitions and groupings of coverage shall exist:

A. Non-Elective (Core): Mandatory coverage: (Employer Paid) (1) Mandatory per month employer contribution required by CalPERS for each employee enrolled in the CalPERS medical protection program. (2) Employee/dependent dental premium, established by the City’s broker provider of record for the self-insured dental plan, depending on the level of coverage chosen.
(3) Collective employee/dependent vision premium established by City’s broker provider of record, for the self-insured vision plan..

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
17 (4) Basic $30,000 life insurance premium (available only to full-time and regular part time employees).
(5) Accidental Death and Dismemberment Policy (available only to full-time and regular part time employees).

B. Elective (non-core) coverage (Employee Paid): available for purchase with flexible spending monies available to eligible employee:
(1) Employee and/or dependent medical coverage in the CalPERS Program less the mandatory per month required employer payment. (2) I.R.C. Section 125 - Flexible Spending Account
(3) I.R.C. Section 125 - Dependent Care
C. Section 125 Plan: The City’s insurance plan is structured within this taxdeferred program. This is an Internal Revenue Code permitted plan. A third party administrator provides administration of the plan.

21.3 The City’s Maximum Medical Premium Contribution will be capped at 80% of the CalPERS CHOICE, SELECT, CARE, or EPO Medical Premium for For eligible employees enrolled in the Public Employee Medical and Hospital Care Act (PEHCA) Medical PlanPENHCA) Medical Plan, the City will make a maximum medical premium contribution, based on employee choice, that is either equal to 100% of the cost of the premiums for the lowest cost PPO plan (if, and only if, there are at least two PPO options at the applicable coverage level) or 80% of the cost of premiums for any other City-offered health plan.

The Parties agree to an automatic re-opener once estimated rates are known for the 2023 plan year, if the cost to the City of paying 100% of the premiums for the lowest cost PPO plan is projected to increase by more than 20% compared to the cost in the first year.

21.4 The City agrees to maintain the contract for Group Long Term Disability Insurance (LTD). The cost of this insurance shall continue to be fully paid by participating employee and Participation in the plan is voluntary. Continuation of the coverage requires seventy-five percent (75%) participation by all eligible employees (benefited full-time and part-time).

21.5 Plan Contents:

A. Life Insurance and Accidental Death/Dismemberment Insurance (AD&D) (Only available to full-time and benefited part-time employees).

Provider: Life Insurance - Standard Insurance Company
Rates: $.32 per $1000 Benefit (Basic Life)
$.04 per $1000 of Benefit (Basic AD&D)
Provider: AD&D Insurance - Standard Insurance Company
Rates:

All employees: $ 1.50 p/month
Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
18 B. Vision Insurance:

Provider: Self-funded for Vision Insurance Coverage
Vision insurance is available through Vision Service Plan (VSP).

Employees shall be enrolled in the City’s vision care health plan. The City shall pay 100% of the premium for the VSP Core (City Paid) plan for employee and eligible dependents. Employees have one option to purchase a buy-up option that is fully paid by the employee.

Rates:
(E)mployee Only: $ 6.10 p/month
(E)mployee + 1 dependent: $ 11.86 p/month
(E)mployee + 2 or more: $ 17.38 p/month
C. Dental Insurance:

Provider: Self-funded for Dental Insurance Coverage Rates:

Dental insurance is available through Delta Dental. The City will pay 100% of the premium for the Delta Dental Core (City Paid) plan for employee and eligible dependents. Employees have two options to purchase a buy-up option that is fully paid by the employee.
(E)mployee Only: $ 30.04 p/month
(E)mployee + 1 dependent: $ 55.13 p/month
(E)mployee + 2 or more: $103.89 p/month
D. Medical Insurance: CalPERS Plan (PEMHCA): subject to terms and conditions of the Public Employees’ Medical and Hospital Care Act (PEMHCA).

E. The City shall reimburse employees the following amounts for the following vision related services:

Benefit City reimbursement
Exam $100
Single lenses $110
Bifocal lenses $140
Trifocal lenses $160
Lenticular $280
Contacts $100
Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
19 Frames $200 (every other year)
Cataract surgery or 20/40
correction deficiency: hard
$200
Cataract surgery or 20/40
correction deficiency: soft
$250

21.6 Retirees and Other Qualified Employees:

A. The City agrees to fund the minimum mandatory per month for medical coverage plus the administrative cost (based on total monthly premium) for currently enrolled retirees and eligible and enrolled un-benefited hourly employees, as required by CalPERS. (1) The City agrees to provide additional minimum funding as needed for existing retirees, active or hourly employees who currently are not participating in the medical program, but who would be eligible under CalPERS guidelines.

21.7 Opting Out (Medical Program Only): Eligible employees may elect not to participate in the CalPERS medical plan. Anyone opting out shall only be eligible to take cash in the amount of $291 per month, providing they meet the following conditions:

A. They shall submit proof of legally compliant medical coverage elsewhere.

B. They shall sign a medical plan waiver.

C. Married employees shall be required to obtain the signature of their spouse on the medical plan waiver form.

D. Employees under legal order to provide medical coverage for any dependents shall only be permitted to opt out after showing proof of coverage for each dependent identified in such legal order.

21.8 The City and Association will review the dental and vision plans to identify the most affordable and viable plan without increasing the plan(s) premium.

ARTICLE 22: WORKERS’ COMPENSATION: SALARY CONTINUATION NONSAFETY EMPLOYEES

22.1 Whenever any full-time, miscellaneous (Non-Safety) employee as defined by the Public Employees’ Retirement System (PERS), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/her duties, he/she shall become entitled, regardless of his/her period of service with the City, to leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, for the period of the disability, but not exceeding six months, or until such earlier date as he/she returns Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
20 to duty or is retired on permanent disability pension in accordance with the rules/regulations governing such retirement.

22.2 If the period of disability extends beyond the six month period, full salary continuation shall be discontinued and the employee shall be entitled to legal allowances provided under Workers’ Compensation Laws of the State of California which may be integrated with any other compensation to which the employee may be entitled, i.e., Long Term Disability coverage.

22.3 Benefits: During the six month or less period of disability, the employee who suffers such injury/illness arising out of and in the course of his/her duties shall continue entitlement to all benefits as would have been afforded that employee had he/she not have suffered such injury/illness.

ARTICLE 23: OTHER BENEFITS

23.1 Jury Duty:

A. The City provides lime time off with no loss of salary for employees who must fulfill jury duty obligations. Employees shall be entitled to keep the mileage reimbursement for such service. Any per diem amount received by the employee shall be signed over to the City.

23.2 Employee Payroll Deductions:

A. Upon authorization from any employee the City shall make direct deposit(s) to the financial institution of the employee’s choice, through the City’s duly authorized financial institution. The employee’s financial institution must have direct deposit capabilities.

B. Employee funded insurance programs and deductions for deferred compensation programs shall be paid through payroll withholding.

C. Employee deductions for Union dues or service fees shall be made in accordance with the Agency Shop provisions in Section 23, below.

23.3 Wellness Reimbursement:

The City will provide any employee in the unit with a reimbursement of up to $25/month to defray costs of a membership to a licensed gym/health club/fitness facility of the employee’s choosing.

This reimbursement will be provided on a semi-annual basis in arrears (July and January).

In order for employees to be reimbursed, they must provide evidence of payment for such membership in the form of cancelled checks, a credit card statement, or other payment verification deemed acceptable by the Finance Manager which provides verification of the membership payment over a six-month period.

Requests for reimbursements must be received by the City no later than the end of the month following the reimbursement period (e.g., requests for reimbursements for the period July ¬December must be received by the City on or before January 3 Pt; requests for reimbursements for the period January — June must be received by the City on or before July 3 Pt) in order to Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
24 ARTICLE 27: MANAGEMENT RIGHTS

27.1 It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services.

27.2 It is agreed that during the term of this contract the City shall not be required to meet and confer on matters, which are solely a function of management, including the right to:

A. Determine and modify the organization of City government and its constituent work units.

B. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.

C. Determine the methods, means, and the numbers and kinds of personnel by which services are to be provided.

D. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.

E. Establish employee performance standards and to require compliance therewith.

F. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law including the current Personnel Ordinance.

G. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.

H. Implement rules, regulations, and directives consistent with all applicable laws and the specific provisions of the Memorandum of Understanding.

I. Take all necessary actions to protect the public and carry out its mission in emergencies.

27.3 Decisions under this section shall not be subject to the grievance procedure unless specifically authorized by the Personnel Ordinance or other applicable law.

27.4 The City will meet and confer on the exercise of the foregoing Management Rights where such exercise falls within the scope of representation as defined by the MMBA.

27.5 Without waiving any of its management rights, the City agrees to participate in a standing Joint Labor Management Committee (“JLMC”) that will be made up of representatives of the Association and the City. This standing JLMC shall meet at least quarterly, upon request by either party, and may meet more frequently, if both parties agree. The City also agrees to participate in additional JLMC meetings to discuss specific topics including, but not limited to the following anticipated topics:

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
25 A. Working conditions: the manner by which bargaining unit positions are filled (possible internal promotion/transfer preference), how work is performed (current employee vs. contract worker) and how it is assigned, workspace enhancements, training/professional development (scope, career ladders), remote work/telework possibilities, out-of-class issues.

B. Revision/update to City of Carmel incentive pay for certain advanced certificates/licenses as set forth in Section 4.4.

C. Informal Salary Review of Remaining Unit Positions and Consideration of Potential Career Ladders for Library Assistant I/II.

1. The parties completed review of the PW Maintenance series during the prior MOU and similarly agree that the City will undertake a review of the remaining classes in the bargaining unit during the term of this Agreement.

2. With respect to the Library Assistant classes, the parties agree to a target completion date of January 1, 2023 for completed review and discussion. of the Library positions and to that end, mutually agree to make good faith efforts to meet that target date.

3. The City will begin this study for all other classifications within 90 days of the approval of the MOU. It is anticipated this will take approximately nine (9) months to complete at which time the City will meet and confer with the General Unit to discuss the findings. If the study is not completed within the nine (9) months, the city will provide bi-weekly progress updates to the General Unit until the study has been completed and share with the bargaining group.

The meeting schedule will be set in advance and the dates agreed to by both sides. Prior to any JLMC meeting, the parties will agree on an advanced agenda that identifies participants, topics to be covered, whether they involve management rights or negotiable decisions, and/or negotiable effects, as well as the parties’ intended outcome (e.g. consideration of employee input into management decision, new/revised policy, side letter/letter of agreement)
ARTICLE 28: HARASSMENT POLICY

28.1 The City agrees to meet and consult with the Union before any changes to the City’s harassment policy are presented to the City Council.

ARTICLE 29: SEPARABILITY

29.1 If a court of competent jurisdiction finally determines that any provision of the Memorandum of Understanding is invalid and unenforceable, such provision shall be separable, Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
27 ARTICLE 31: SIGNATURES

31.1 For the City of Carmel-by-the-Sea:

Chip Rerig, City Administrator

Dated

31.2 For the Carmel-by-the-Sea General Employees Association:

Ryan Heron, Chief Negotiator
Union of Public Employees of California—
Local 797792

Dated

Dated

Dated

Dated

Dated

Dated

Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
28 Appendix “A”
Uniform Items: Costs and Reimbursements*
The City will provide Uniforms/Equipment for employees as follows:

Job Classification Items Provided
• Assistant City Forester Pants
• Facilities Maintenance Specialist Shirt
• Facilities Maintenance Worker Jacket
• Forest Care Worker Respirator
• Maintenance Worker I/II Chaps1 Chaps
• Maintenance Worker/Gardener III Helmets with Screens* • Public Service Maintenance Worker VII
• Senior Maintenance Worker
• Street • Streets Supervisor
• Tree Climber and Care Specialist
The City agrees to make available/furnish protective equipment to all classes listed above in addition to the classes of Community Activities Assistant, Code Compliance Coordinator, and Building Inspector if requested and/or deemed necessary which includes, but may not be limited to:
• Hat (baseball cap or visor)
• Hard Hat
• Rain Gear
• Safety Vest
• Eye and/or Ear Protection
• Gloves
The City agrees to reimburse the classes listed below up to $225 each fiscal year for the purchase and repair of safety related footwear which must be worn at all times while on duty. Each department head will determine the specifics of the footwear required. • Assistant City Forester
• Facilities Maintenance Specialist
• Facilities Maintenance Worker
• Forest Care Worker
• Maintenance Worker I/II
• Maintenance Worker /GardenerIII
• Public Service Maintenance Worker I/11
• Senior Maintenance Worker
Attachment 3
Memorandum of Understanding: General Employees Unit
July 1, 2019 2022 – June 30, 20222024
29 • Street Streets Supervisor
• Tree Climber and Care Specialist
The City agrees to reimburse the classes listed below up to $225 every other fiscal year (odd numbered years) for the purchase and repair of safety related footwear which must be worn at all times while in the field. Each department head will determine the specifics of the footwear required:
• Assistant Planner
• Community Activities Assistant
• Code Compliance Coordinator
• Building Inspector
Effective July 1, 2021, the reimbursement for footwear identified above will increase to $250. *Forestry Staff only
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Adopt Resolution 2022-083 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea Management Employees Unit, effective July 1, 2022 RECOMMENDATION:

Adopt Resolution 2022-083 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea Management Employees Unit, effective July 1, 2022.

BACKGROUND/SUMMARY:

The City of Carmel-by-the-Sea Management Unit includes 7 positions/classifications and is represented by Laborers’ International Union of North America, United Public Employees of California, LiUNA/UPEC) Local 792. With the 2019-2022 MOU between the City and LIUNA set to expire in June 30, 2022, the negotiations teams for both parties met numerous times over the past several months in an effort to reach agreement on a successor MOU. At the Council’s request, the City and LIUNA agreed to adopt an interest based-type approach to the meetings, through which the negotiations teams started from a big picture approach and then working methodically, translated the broader concepts into shared interests and conceptual ideas, which the parties ultimately drew from to develop proposals.

The resulting shared interests and topics for exploration included:

Shared interest: Long Term Fiscal Stability/ Prudent Fiscal Management Topics explored: New/modified terms and conditions that are non-PERSable Shared interest: Maintaining service levels/service quality Topics explored: Workload and staffing levels, physical work environments Shared interest: Stability in Labor Relations
Topics explored: Term of MOU, use of Joint Labor Management Committees for continued discussions, use of re-openers to permit flexibility within a multi-year term Shared interest: Employee retention/recruitment
Topics explored: Competitive total compensation, reduced out-of-pocket expenses for employees Ultimately, the parties reached tentative agreement and on July 27, 2022, the membership voted to ratify the following major provisions for a successor MOU:

Term: July 1, 2022 through June 30, 2024
With the exception of the base increases and new 6
thsalary step for qualifying employees, all other
negotiated changes would take effect following Council adoption.

Total Compensation:

Base salary increases: 1
st year: 7%; 2nd year: 4%
Merit/longevity: addition of 6
th salary step with 3% increment for employees with at least 10 years and two most recent performance ratings of satisfactory or better $25 increase to City’s deferred compensation match (up to maximum of $50 match) New $25 match for employees contributing to their choice of either dependent care or flexible spending
All positions now designated as exempt for wage and hour purposes.

New option for 100% City paid premiums for lowest cost PPO plan; continuing option for City/employee premium contributions of 80/20 for other plans.

New possibility for advanced/certification pay with details to be determined through Joint Labor Management Committee
Additional general leave day (limited to same-year use) for each year of the MOU Additional 30 minutes of paid time for attending medical appointments Limited re-opener
In the second year of the MOU, once estimated rates are known for the 2023 plan year, if the cost to the City of paying 100% of the premiums for the lowest cost PPO plan is projected to increase by more than 20% compared to the cost in the first year..

Quarterly and topic-specific JLMCs
Including but not limited to (without waiving management rights): types of work performed (clerical vs. management duties; clarification/addressing of out-of-class issues; workspace enhancements/HVAC issues; training/professional development (to include scope, possible criteria for advanced certification/license pays); remote work/telework possibilities; and number/use of City/personal vehicles
These recommended terms align with the goals identified by the City and LiUNA/UPEC Local792 as shared interests through the interest based-type process employed for these negotiations.

FISCAL IMPACT:

The Management Employees Unit annual payroll is $726,899. Year 1 salary increase (7%) is $50,883 and absorbed in the current adopted operating budget. Year 2 salary increase (4%) is $31,111 and will be budgeted in the FY 23/24 operating budget. The fiscal impact does not reflect the increases to the CalPERS pension liability (UAL) based on the negotiated salary increases.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2022-083
Attachment 2) Exhibit A - Management Employees Unit Salary Schedule Attachment 3) Exhibit B - MOU Management Employees

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-083

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND LABORERS’ INTERNATIONAL

UNION OF NORTH AMERICA, UNITED PUBLIC EMPLOYEES OF CALIFORNIA AND ADOPTING THE

CARMEL MANAGEMENT EMPLOYEES CLASSIFICATION SALARY PLAN IN ACCORDANCE WITH MUNICIPAL CODE 2.52.520 AS OF JULY 1, 2022
WHEREAS, the current Memorandum of Understanding (MOU) between the City and management employees represented by the Laborers’ International Union of North America, United Public Employees of California expired; and
WHEREAS, the City of Carmel-by-the-Sea has been in negotiations with Laborers’ International Union of North America, United Public Employees of California (LiUNA/UPEC) regarding salaries and benefits for the Carmel by-the-Sea Management Employees Unit; and
WHEREAS, the City and LiUNA/UPEC have reached an agreement which is embodied in the attached Memorandum of Understanding for the period of July 1, 2022 through June 30, 2024; 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; and 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, staff recommends that the City Council adopt the current City pay rates and ranges for Management Unit classifications (Exhibit A).

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

1. The City of Carmel-by-the-Sea City Council authorizes and approves the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for City of Carmel-by-the-Sea Management Employees Unit, an affiliated unit of LiUNA (Exhibit A)

2. Authorize the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea Management Employees Unit. (Exhibit B) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of SEPTEMBER, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Attachment 1
SIGNED: ATTEST:
_______________________ __________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

EXHIBIT A
7% effective July 1, 2022 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $ 38.71 $ 40.67 $ 42.69 $ 44.83 $ 47.07 $ 48.48 Associate Planner M-284 Monthly: $ 6,709.73 $ 7,049.47 $ 7,399.60 $ 7,770.53 $ 8,158.80 $ 8,403.56 Annual: $ 80,516.80 $ 84,593.60 $ 88,795.20 $ 93,246.40 $ 97,905.60 $ 100,842.77 Hourly: $ 41.52 $ 43.61 $ 45.80 $ 48.08 $ 50.49 $ 52.00 Building (Facility) Maint Supervisor M-298 Monthly: $ 7,196.80 $ 7,559.07 $ 7,938.67 $ 8,333.87 $ 8,751.60 $ 9,014.15 Annual: $ 86,361.60 $ 90,708.80 $ 95,264.00 $ 100,006.40 $ 105,019.20 $ 108,169.78 Hourly: $ 54.10 $ 56.80 $ 59.63 $ 62.62 $ 65.75 $ 67.72 Senior Planner M-351 Monthly: $ 9,377.33 $ 9,845.33 $ 10,335.87 $ 10,854.13 $ 11,396.67 $ 11,738.57 Annual: $ 112,528.00 $ 118,144.00 $ 124,030.40 $ 130,249.60 $ 136,760.00 $ 140,862.80 Hourly: $ 55.76 $ 58.54 $ 61.46 $ 64.54 $ 67.76 $ 69.79 City Forester M-357 Monthly: $ 9,665.07 $ 10,146.93 $ 10,653.07 $ 11,186.93 $ 11,745.07 $ 12,097.42 Public Works Superintendent Annual: $ 115,980.80 $ 121,763.20 $ 127,836.80 $ 134,243.20 $ 140,940.80 $ 145,169.02 Hourly: $ 59.63 $ 62.62 $ 65.75 $ 69.04 $ 72.49 $ 74.66 Principal Planner M-363 Monthly: $ 10,335.87 $ 10,854.13 $ 11,396.67 $ 11,966.93 $ 12,564.93 $ 12,941.88 Annual: $ 124,030.40 $ 130,249.60 $ 136,760.00 $ 143,603.20 $ 150,779.20 $ 155,302.58

CITY OF CARMEL-BY-THE-SEA
PAY SCHEDULE FOR MANAGEMENT EMPLOYEES UNIT (affiliated unit of LiUNA) CLASSIFICATIONS EFFECTIVE JULY 1, 2022
PENDING APPROVAL: City Council September 13, 2022, Resolution #2022-083 *Longevity Eligibility: Refer to the MOU Article 6: Longevity/Merit Step Increase

MEMORANDUM OF UNDERSTANDING
Between the
City of Carmel-by-the-Sea
And the
Carmel-by-the-Sea Management Employees Unit, an
Affiliated Unit of LIUNA / UPEC Local 270792
For the period
July 1, 2019 2022 through June 30, 20222024
Attachment 3

TABLE OF CONTENTS
Page
-iARTICLE 1: PREAMBLE ............................................................................................................ 1 ARTICLE 2: RECOGNITION ...................................................................................................... 1 ARTICLE 3: TERM OF CONTRACT .......................................................................................... 1 ARTICLE 4: COMPENSATION .................................................................................................. 1 ARTICLE 5: EDUCATIONAL INCENTIVE PROGRAM .......................................................... 3 ARTICLE 6: LONGEVITY/MERIT PROGRAM (LMP)STEP ................................................... 4 ARTICLE 7: CAL-PERS CALPERS RETIREMENT PLAN ...................................................... 5 ARTICLE 8: UNION SUPPLEMENTAL RETIREMENT PLAN ............................................. 87 ARTICLE 9: DEFERRED COMPENSATION ............................................................................ 8 ARTICLE 10: UNIFORM ALLOWANCE ................................................................................... 8 ARTICLE 11: HOURS OF WORK ............................................................................................. 98 ARTICLE 12: HOLIDAYS ........................................................................................................... 9 ARTICLE 13: GENERAL LEAVE ........................................................................................... 109 ARTICLE 14: EXECUTIVE LEAVE ......................................................................................... 10 ARTICLE 15: VACATION ACCRUAL PLAN ......................................................................... 10 ARTICLE 16:VACATION BUYBACK10ARTICLE 17: BEREAVEMENT LEAVE ............. 10 ARTICLE 1817: SICK LEAVE .................................................................................................. 11 ARTICLE 1918: CATASTROPHIC ILLNESS/SICK LEAVE HOURS TRANSFER .............. 12 ARTICLE 2019: PHYSICAL EXAMINATIONS .................................................................. 1413 ARTICLE 2120: TUITION ADVANCEMENT ..................................................................... 1413 ARTICLE 2221: INSURANCE PROGRAMS ........................................................................ 1514 ARTICLE 2322: WORKERS’ COMPENSATION: SALARY CONTINUATION NONSAFETY EMPLOYEES ........................................................................ 1716 ARTICLE 2423: OTHER BENEFITS..................................................................................... 1817 ARTICLE 2524: EXEMPT STATUS ......................................................................................... 18 ARTICLE 25: IMPASSE RESOLUTION................................................................................... 18 ARTICLE 26: CALL-BACK/STAND-BY PAY19MANAGEMENT RIGHTS ........................ 18 ARTICLE 27: IMPASSE RESOLUTION20UNION SECURITY/ACCESS ............................. 19 ARTICLE 28: MANAGEMENT RIGHTSHARASSMENT POLICY ....................................... 20 ARTICLE 29: UNION SECURITY/ACCESS21SEPARABILITY ........................................... 20 Attachment 3

TABLE OF CONTENTS
(continued)
Page
-iiARTICLE 30:HARASSMENT POLICY22
ARTICLE 31: SEPARABILITY ....................................................................................... 22 ARTICLE 32: EFFECT OF AGREEMENT ........................................................................... 2220 ARTICLE 3331: SIGNATURES ............................................................................................. 2321 Attachment 3
1 Memorandum of Understanding
between
The City of Cannel-by-the-Sea Carmel-by-the-Sea
and
City of Carmel-by-the-Sea Management Employees Unit, an Affiliated Unit of
LIUNA/UPEC Local 270Local792
ARTICLE 1: PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Carmelby-the-Sea, hereinafter referred to as “CITY,” and the City of Cannel-by-the-Sea Carmel-by-theSea Management Employees UNIONUnion, an Affiliated Unit of Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, hereinafter referred to as “UNION,” pursuant to California Government Code Section 3500 et seq. The purpose of this MOU is the establishment of rates of compensation hours of work and other terms and conditions of employment. Existing practices and/or benefits which are not referenced in this MOU and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.

ARTICLE 2: RECOGNITION

2.1 The City of Carmel-by-the-Sea recognizes the UNION as the exclusive representative for employees in the following classifications:

Accountant
City Forester
Associate Planner
Principal Planner
Senior Planner
Public Works Superintendent
Building (Facility ) Maintenance Supervisor
ARTICLE 3: TERM OF CONTRACT

3.1 The term of this MOU shall be from July 1, 2019 2022 through June 30, 20222024.

ARTICLE 4: COMPENSATION

4.1 Wages:

Effective January 1, 2020, the hourly rate salary steps for all classes in this bargaining unit shall be increased by three and one-half percent (3.5%). Effective January 1, 2021, the hourly rate salary steps for all classes in this bargaining unit shall be increased by two percent (2.0%). Effective January July 1, 2022, the hourly rate salary steps for all classes in this bargaining unit shall be Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
2 increased by one and one quarter percent (1.25seven percent (7%). Effective July 1, 2023, the hourly rate salary steps for all classes in this bargaining unit shall be increased by four percent (4.0%).

4.2 Out of Class Pay:

The purpose of this provision is to provide for compensation of an employee who is properly assigned in writing to perform the significant duties of a higher classified position for relief necessitated by the temporary vacancy caused by the incumbent’s absence or pending the filling of a vacant position beginning on the second full pay period of such assignment and continuing for the duration of such assignment, but not to exceed six months (pursuant to CalPERS regulations).

Out of class pay will be provided when the following conditions are met:

1. There is a vacant position specifically allocated to the department.

2. The assignment will require the duties of the position to be performed by the individual for a period of not less than two (2) pay periods.

3. The class to which the employee is assigned must have a top salary step of at least 5% above the top step of the employee’s current class.

4. The assignment and the duration of the assignment is made by the department head Department Head in writing specifying the period of the temporary assignment and is approved by the City Administrator.

5. The employee must satisfactorily perform the essential functions of the job class to which that employee is assigned.

6. The employee meets the minimum qualifications identified in the job description of the classification being assigned.

Such temporary assignment shall not be considered a promotion. The individual shall receive either a five percent (5%) premium or Step 1 of the class assigned, whichever is greater.

If the employee receives between five percent (5%) and seven-and one-half percent (7.5%) out of class pay, the employee will continue to be eligible to earn overtime as would have been earned in the employee’s regular class. If the employee receives out of class pay greater than seven-and onehalf percent (7.5%), and is assigned to an FLSA exempt position, the employee will not be eligible for overtime pay, but will receive pro-rated management leave based on the duration of the assignment.

The out of class pay shall cease when any of the following occur:

1. The absent incumbent returns to duty.

2. The vacant position is filled.

3. The assignment is terminated in writing by the appointing authority, whichever occurs first.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
3 Under no circumstance may any out of class assignment continue longer than six months in any one fiscal year.

4.3 Advanced Certification/License Pay
As recommended by a Department Head and subject to approval by the City Administrator, the City may provide a flat monthly payment to employees who obtain certifications or licenses that provide added benefit to the City, beyond the requirements of the employee’s position. The Parties agree that topics of eligible types of certifications or licenses, the amounts of pay (and caps on total possible pay per employee), as well as considerations such as caps on numbers of employees authorized to receive a type of pay will all be included in the Joint Labor Management Committee meetings intended to take place during the term of this Agreement, pursuant to Section 26.5 of this Agreement.

ARTICLE 5: EDUCATIONAL INCENTIVE PROGRAM

5.1 Educational Incentive Program (EIP) for Mid-Management, Professional and Supervisory:

The City Council, having determined the acquisition of additional education by employees makes those employees more valuable to the City, does hereby establish an Educational Incentive Pay Plan Program (EIP). The EIP will apply to educational credits acquired after the employee’s date of hire by the City of Carmel-by-the-Sea.

5.2 Definitions: For the purpose of this program, the following definitions shall apply:

A. Base Salary shall mean the monthly salary of the employee as established by the City Council and shall not include any overtime, holiday-in-lieu pay, allowances, or other supplemental benefits.

B. Satisfactory Completion shall mean a grade of “C” or better in any course.

No more than one-third (1/3) of the total number of units considered for EIP may be on a “credit only” or “pass/fail” basis (limit of 10 out of 30 units or 20 out of 60 units). Units earned with a “Credit Minus” grade will not be considered eligible under the EIP program.

C. College Level shall mean any post-high school educational institution accredited by the California State Department of Education, the Western Association of Schools and Colleges, or by equivalent organizations in other states and countries, or which have the prior approval of the City Administrator.

D. Job-Related shall mean any college level course related to technical or specialized aspects of the employee’s position, as well as courses meeting general educational degree requirements, which are reasonably job-related. The City Administrator’s determination of the eligibility of any course shall be final and shall be obtained prior to taking a course.

E. Units shall mean semester units (two semesters to a full academic year).

Each quarterly or trimester unit shall be counted at a value of .67% of a semester unit.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
4 5.3 Rates of additional compensation:

A. Academic Education. Upon satisfactory completion of 30 units of college level related courses, the employee shall receive a salary increase equal to two and one-half percent (2.5%) of their base salary. Upon attainment of 60 units or the attainment of an Associate Degree, the employee shall receive a salary increase equal to five percent (5%) of base salary.

B. Non-Academic Training or Instruction. For eligible employees, the City Administrator, upon recommendation of the Department ManagerHead, may grant prior approval for a course of instruction or training, which would lead to the attainment of EIP. The City Administrator shall be guides guided in this determination by the value to the City of the employee’s knowledge and/or skill accumulation, and by the employee’s expenditure of time and effort as compared to that put forth by an employee earning the same level of EIP by the accumulation of college-level units (at approximately 30 to 54 hours per college unit).

C. In no case shall the EIP rate of compensation exceed five percent (5%).

5.4 Eligibility:

In order for employees to be eligible for EP, ALL of the following conditions shall be met:

A. A regular employee shall become eligible once successfully completing 18 months of continuous service to the City except that this period of time may be waived at the discretion of the City Administrator.

B. The education, training or instruction shall be acquired at times when the City does not compensate the employee. Reimbursement to the employee by the City for the costs of books, tuition, or supplies shall not affect eligibility. Scholarships or veterans’ benefits shall not be considered compensation.

C. Credit shall not be given for work experience, although an academic institution may have given credit for such experience, until a degree is granted the employee by such institution.

D. The employee shall submit to the City Administrator through the Department Manager Head a list of courses and credits, together with transcripts or other proof of satisfactory completion, as may be required to verify the acquisition of claimed credits.

5.5 Time of payment:

EIP shall be paid to eligible employees beginning with the pay period in which the City Administrator has approved the application for EIP.

5.6 All members shall maintain any license or certification required for his or her position by the Department of Transportation.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
5 ARTICLE 6: LONGEVITY/MERIT PROGRAM (LMP)STEP

6.1 Addition of Sixth Step

6.1 Longevity/Merit Program for Mid-Management and Professionals:

UNION and CITY agreed to discontinue the longevity/merit program (LMP) for all MidManagement and Professionals in the UNION who were not eligible and receiving the benefit under the LMP as of January 1, 2002.

6.2 Continuation of Program: For the Term of this Agreement, the UNION and the CITY agree to continue the (LMP) for all Mid-Management, Professionals, and Supervisory UNION members who met the following qualifications as of January 1, 2002:

Union and City agree to add a sixth step to the salary ranges for positions represented by the Union . The increment between step 5 and 6 will be three percent (3%). Employees who meet the eligibility criteria set forth below on or before July 1, 2022, shall be placed on the 6th step effective July 1, 2022. Employees who meet the eligibility criteria after July 1, 2022 shall be placed on the 6th step in accordance with the City’s usual practice for timing of performance-based increases.

Eligibility: To qualify for placement on the 6th step, an employee MUST:

A.A. Have completed ten (10) continuous years of service with the City of Carmel-bythe-Sea; and B. Receive a Satisfactory performance evaluation during the Fiscal Year, July 1 through June 30.

B. Have received a Satisfactory or higher performance rating on the employee’s two (2) most recent performance reviews.

C. Employees receiving more than one performance evaluation during the fiscal year shall have eligibility based on the first evaluation received in the fiscal year.

D. Once completed performance evaluations are received in the Personnel Office, LMP eligibility will be checked. Employees Meeting the program requirements shall receive the defined benefit.

6.3 Rate of Compensation: Employees meeting the requirements of the LMP shall receive compensation of $1,200 less mandated deductions.

6.4 Evaluation Criteria: For purposes of the LMP program the following performance evaluation rating definitions shall apply:

Satisfactory: This is the level of work expected of a fully competent employee. The employee is meeting the standards required for the position.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
6 Marginally Satisfactory: The work performance is less than that expected of a fully competent employee.

Unsatisfactory: The work performance is inferior to the standards required for the position.

ARTICLE 7: CAL-PERS CALPERS RETIREMENT PLAN

7.1 Tier I: Bargaining unit members hired on or before November 1, 2011:

7.1.1 The “2% at 55” retirement formula shall be available to bargaining unit members hired on or before November 1, 2011.

7.1.2 Final Compensation Based on 12-Month Period:

For the purposes of determining a retirement benefit, final compensation for bargaining unit members covered by this Section mean the highest consecutive twelve (12) month period.

7.1.3 Required Member Contributions:

Bargaining unit members covered by this section shall continue to pay, through payroll deduction, the 7.0% member contribution.

7.1.4 Pension Cost Sharing:

In addition to paying the 7.0% member contribution, bargaining unit members covered by this Section shall pay, thorough payroll deduction, an additional 3.0% of PERSable compensation towards the City’s costs, for a total contribution of 10% toward the normal cost of pension benefits, as permitted by Cal. Gov. Code Section 20516.

The parties acknowledge that CalPERS mandates an election by unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Cal. Gov. Code Section 20516.

As soon as practicable after the effective date of this MOU, the City will initiate the PERS contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the PERS contract, unit member contributions will be made pursuant to Cal.

Gov. Code Section 20516. If the contract amendment is not complete before the effective date of the cost sharing described in this Section, the cost sharing shall be implemented outside of a PERS contract amendment as authorized by Cal. Gov. Code Section 20516(0. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section.

7.2 Tier II: Bargaining Unit Members Hired After November 1, 2011, and Prior to January 1, 2013, and Unit Members Qualified for Reciprocity (Classic Members):

7.2.1 This Section (including subsections) shall apply to bargaining unit members hired on or after November 1, 2011, and prior to January 1, 2013. In addition, this Section shall apply to bargaining unit members hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Cal. Gov. Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
9 ARTICLE 9: DEFERRED COMPENSATION

9.1 The CITY offers employees the opportunity to participate in a deferred compensation plan on a voluntary basis through the payroll deduction plan. Participation and contributions are guided by the rules and regulations established by the Internal Revenue Service (IRS) for such plan (457 Plans). Nothing in this section shall prohibit or restrict this voluntary participation, in the plan(s) offered by the City.

9.2 The City shall make monthly contributions on behalf of each eligible employee in the amount of $25. In addition, effective with the first pay period following Council adoption of this Agreement, the City shall match up to $25 50 per month of contributions made by the employee. In no case shall the City contribute in excess of $50 75 per month to any individual employee’s deferred compensation. It shall be the responsibility of the employee to specify the plan and investment option.

ARTICLE 10: UNIFORM ALLOWANCE

10.1 Effective the first day of the pay period following the City Council’s approval of this agreement, the City will reimburse all represented Union employees for expenditures of up to $300 per year for items of uniform required for them to perform their jobs. Employees shall provide receipts for all purposes for which they are requesting reimbursement.

10.2 Effective the first day of the pay period following the City Council’s approval of this agreement, the City shall continue to provide uniforms to all represented Union employees who are required to wear them at no cost to the employee.

10.3 The uniform items and cost, including reimbursement costs, for all represented Union employees who are required to wear a uniform is set forth in Appendix A. The parties agree that, to the extent permitted by law, the monetary value of compensation for the cost of uniform items and reimbursement costs are special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(5) — Statutory Items.

ARTICLE 11: HOURS OF WORK

11.1 Workweek: The normal workweek shall consist of five (5) days, Monday through Friday, inclusive.

11.2 Workday: The normal workday shall consist of eight (8) consecutive hours of work within a maximum nine-hour period, interrupted by an unpaid lunch break of not less than one-half hour nor more than one hour. The normal workday shall fall within the hours between 7:00 a.m., and 6:00 p.m. Input from employees at each work site is welcomed. An employee shall be given seven (7) calendar days’ notice before a change in the daily work schedule can be implemented.

11.3 Change in Hours of Work: Should, in the judgment of the City, it be necessary to establish daily or weekly work schedules departing from the normal workday or the normal workweek for a period exceeding two (2) weeks, the City shall meet and discuss the proposed Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
10 change with the UNION at least ten (10) days in advance, except in cases deemed to be an emergency by the City Administrator.

11.4 Alternative Work Schedules: During the term of this Agreement the parties may mutually agree to meet and confer regarding alternative work schedules. Notwithstanding subsections A and B above, the CITY and the UNION may agree to establish alternative work schedules consisting of forty (40) hours in a work week or eighty (80) hours in a bi-weekly period. Alternative work schedules may be implemented on a Department-by-Department basis.

11.4.1 Employees shall be scheduled to work eighty (80) hours within a nine (9) consecutive day period. The scheduled day off shall be either a Friday or Monday, providing that this work schedule for the library employees does not cause a reduction of hours the library is open to the public.

11.5 Rest Periods: During their normal eight (8) hour workday, employees will be granted two (2) fifteen (15) minute rest periods in the approximate middle of each half shift, which may be scheduled by the City.

ARTICLE 12: HOLIDAYS

12.1 The following 12 holidays shall be observed:

1. New Year’s Day, January 1st

2. Martin Luther King Day, Third Monday of January

3. Lincoln’s Birthday, February 12th

4. President’s Day, Third Monday of February

5. Memorial Day, Last Monday of May

6. Independence Day, July 4th

7. Labor Day, First Monday of September

8. Veterans’ Day, November 11th

9. Thanksgiving Day, Fourth Thursday in November

10. Friday after Thanksgiving, Day after Thanksgiving

11. Christmas Eve, December 24

12. Christmas Day, December 25

12.2 In the event a holiday falls on a Saturday, Municipal Departments shall remain open on the preceding Friday, but employees shall be given either the preceding Friday or the following Monday, at the discretion of the Department Manager Head and City Administrator, as an in-lieu holiday. In the event a holiday falls on a Sunday it shall be observed on Monday.

ARTICLE 13: GENERAL LEAVE

13.1 Each member of the UNION bargaining unit employee covered by this Agreement shall be entitled to one day two days (8 a maximum of 16 hours) of general leave per year during the period of the contract . The Department Manager Head or City Administrator shall approve use of general leave. General leave may not be accumulated from one year to the next.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
11 ARTICLE 14: EXECUTIVE LEAVE

14.1 The CITY shall grant each Exempt member of the UNION eighty (80) hours annual Executive Leave. This leave must be taken during the fiscal year in which it is earned.

There will be no ability to carry over this leave from one fiscal year to the next and there shall be no cash pay off for any such unused leave.

ARTICLE 15: VACATION ACCRUAL PLAN

15.1 The following vacation accrual schedule shall be in effect:
1— 4 years of service: 80 hours per year
5 — 10 years of service 120 hours per year
11 — 15 years of service: 160 hours per year
15 years of service and over: 176 hours per year

15.2 Vacation accrual will be reflected in the City’s books on a month-to-month basis in hours.

15.3 The maximum amount of vacation time that may be held in an unused status shall be the amount an employee is entitled to accrue in two (2) anniversary years. The department manager Department Head may grant exceptions with approval by the City Administrator.

ARTICLE 16: VACATION BUYBACK

15.4 The CITY agrees to recommend that the City Council eliminate Municipal Code 2.52.630 (Vacations: Eligibility of Use).

15.4 16.1The parties agree that members of the UNION will have the option, subject to approval by the City administratorAdministrator, to sell up to eighty (80) hours of accumulated vacation per fiscal year to the CITY in exchange for compensation at the employee’s hourly rate in the fiscal year sold.

ARTICLE 16: ARTICLE 17:BEREAVEMENT LEAVE

16.1 17.1Each member of the UNION shall be entitled to use twenty-four (24) hours of bereavement leave each fiscal year for serious illness, disability, or death in the employee’s immediate family. If the employee exhausts the 24 hours of bereavement leave, the employee shall be permitted to use up to two days of accrued sick leave as bereavement leave. If the employee exhausts the 24 hours of bereavement leave and has used two additional days of sick leave, and experiences an additional incident qualifying for bereavement leave in the same calendar year, the employee shall be permitted to use up to an additional five days of accrued sick leave as bereavement leave.

16.2 17.2Immediate family is defined as the employee’s spouse, child, step-child, parent, step-parent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brother-in-law, registered domestic partner, or any other person approved by the department manager The department manager Department Head The Department Head may require the Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
12 employee to furnish satisfactory proof to substantiate the use of bereavement leave. Bereavement leave shall not be subtracted from an employee’s sick leave account and shall not accrue from one fiscal year to the next.

ARTICLE 17: ARTICLE 18:SICK LEAVE

17.1 18.1The CITY shall continue to grant each member of the UNION eight (8) hours of sick leave per month. These days are to be used in accordance with the procedure(s) outlined below and in the Personnel Ordinance of the Municipal Code of the City of Carmel-by-the-Sea (Sections 2.52.660-2.52.685).

17.2 18.2Sick leave shall be charged against an employee’s credit only for regular working days and shall not be charged for time absent on holidays or other authorized days off.

Charges against an employee’s credit shall be rounded off to the lowest hour, for example:

Time off work Time charged
59 minutes or less 0
1 hour 1 hour
1 hour and any segment of the next hour 1 hour
A. Medical appointments of 59 90 minutes or less, with written physician verification, shall not be charged to an employee’s sick leave account.

B. Medical appointments of 59 90 minutes or less, without written physician verification, shall be charged to employee’s sick leave account in 15-minute segments.

C. If an employee becomes sick on scheduled vacation time, the department manager Department Head may, with acceptable documentation, authorize the use of sick leave instead of vacation leave.

17.3 18.3Employees hired after 1 November 1984 shall be able to accumulate an unlimited number of sick leave hours. A maximum of six hundred (600) hours will be the total amount for which the City will reimburse the employee upon termination or resignation from employment. This provision does not apply to employees with less than five (5) years of continuous service, who shall not be entitled to any compensation under this section.

For employees with more than five (5) years of service:

A. Resignation from employment after five (5) years will result in reimbursement at 25% of 600 hours maximum, times the actual hourly rate at the time of resignation.

B. Retirement from CITY employment after five (5) years and with proof of submission of application for retirement from CalPERS will result in reimbursement at the rate of 50% of 600 hours maximum, times the actual hourly rate at the time of retirement.

C. Employees with fewer than five (5) years of service shall not be entitled to cash out any sick leave upon separation from service.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
13 17.4 18.4An employee shall be permitted to use up to forty-eight (48) hours of sick leave per year for the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or employee’s family member. Any use of sick leave for this purpose beyond 48 hours per year shall be permitted with the approval of the Department ManagerHead.

A. Employees who are victims of domestic violence, sexual assault or stalking shall be permitted to use up to 48 hours of sick leave per year to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child; or to seek medical attention for injuries caused by the domestic violence, sexual assault, or stalking; to obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking; to obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking; and to participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. Any use of sick leave for this purpose beyond 48 hours per year shall be permitted with the approval of the Department Manager.

B. For purposes of this policy, “family member” shall include any of the following: a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of the child’s age or dependency status; a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse; a State of California registered domestic partner; a grandparent; a grandchild; and a sibling.

17.5 18.5Pursuant to Government Code Section 20965 to the City’s CalPERS retirement contract, an employee may elect to use sick time available to him/her under the provision of the contract for sick leave service credit. If an employee elects to use sick leave available for service credit, such time cannot also be applied to the “sell back” provision under this section.

ARTICLE 18: ARTICLE 19:CATASTROPHIC ILLNESS/SICK LEAVE HOURS

TRANSFER

18.1 Development of Policy: The parties agree to meet and confer during the term of this Agreement regarding a Catastrophic Leave Donation Policy, which is intended to include, but not be limited to the following terms:

19.1General Requirements: A. An employee or their immediate family member shall be faced with or have incurred either a catastrophic illness or major injury from an accident in order to be eligible for this program. Individual determinations of catastrophic illness or major injury from an accident shall be determined by the City Administrator. 19.2 The employee requesting the transfer of sick leave hours must have reached zero balances in the sick leave, vacation, compensatory time and executive leave accounts during the illness or recovery period in order to be eligible.An employee must first request and receive authorization from the City Administrator to take an unpaid Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
14 leave of absence. If a leave of absence is authorized, the City makes no guarantee that paid leave will be donated by other employees. B. The employee requesting the transfer of sick leave hours must have reached zero balances in the sick leave, vacation, compensatory time and executive leave accounts during the illness or recovery period in order to be eligible. If approved, leave is transferred on an hour-for-hour basis. There will be no accrual of paid leaves or attachment of seniority rights to any donated hours (except where required by law). Unless otherwise required by law, employees receiving paid worker’s compensation or disability benefits are not eligible to receive donated leave.

19.3C. Generally, the illness or accident recovery period must be longer than three weeks for the employee to be eligible. The appointing authority Human Resources will evaluate each request and may modify this time period based on the facts of the case.

19.4D. An employee desiring to contribute to the transfer of hours must maintain a minimum balance of 120 hours after the transfer has been deducted from the donor’s sick leave account.

19.5 Employee Use of the Program — Employees MUST:

18.2 The parties understand and agree that to the extent the above anticipated policy terms expand or modify the City’s current practice, they shall not take effect until adoption of the policy.

A. Notify their Department Manager requesting assistance in utilizing the program.

B. State the reason for the request and the approximate number of hours they believe will be needed.

19.6 The Department Manager WILL: File the employee’s request with Human Resources.

19.7 The Human Resources Office WILL:

A. Present the request to the City Administrator for authorization and determination of the validity of the request.

B. Disseminate notices to Municipal Departments stating an employee is in need of sick leave hours and request interested employees to contact Human Resources.

C. Maintain the confidentiality of the employee(s) who donates sick leave hours to the employee in need.

D. Notify the Finance Specialist to make the transfer of sick leave hours when the transfer is approved.

19.8 The City Administrator WILL:

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
15 A. Review requests for participation in the program.

B. Authorize or deny the transfer of sick leave hours pursuant to the request.

ARTICLE 19: ARTICLE 20:PHYSICAL EXAMINATIONS

19.1 20.1Each employee covered by the UNION, under the age of forty-five (45) shall be entitled to a physical examination every other year during the term of the contract, subject to the financial guidelines stated in this section. Employees in this category who had a City paid physical in the fiscal year just prior to the fiscal year of this contract shall not be entitled to a City paid physical during the period of this contract.

19.2 20.2Employees who turn forty-five (45) years of age during the term of this contract shall be entitled to one City paid physical per year after attaining that age and subject to the financial guidelines stated in this section.

19.3 20.3Employees forty-five (45) years of age or older shall be entitled to one City paid physical examination per fiscal year, subject to the financial guidelines stated in this section.

The City shall pay up to two hundred and twenty-five dollars ($225.00) for the physical examination and accompanying tests. Any expense in excess of this amount shall be borne by the employee.

19.4 20.4Physical examinations may be performed by a licensed physician of the employee’s choice. The physician shall complete a Physician Evaluation Report Form. Payment shall be made upon receipt by the Human Resources Office of the form and a statement of all charges, within ninety (90) days from date-of-service.

ARTICLE 20: ARTICLE 21:TUITION ADVANCEMENT

20.1 21.1The CITY recognizes the financial burden placed upon UNION members who must pay advance registration, tuition and book fees to continue pursuit of collegiate degrees in their professional disciplines. To this end the CITY and UNION agree to the following program:

A. The CITY shall pay, in advance of the course(s) being taken, registration, tuition and book fees for UNION members.

B. All courses and programs shall be approved in advance of enrollment by the City Administrator for a determination of job relevancy.

C. At the completion of the course(s), the employee shall submit to the City Administrator, proof of satisfactory completion of the course(s).

D. In the event the employee does not satisfactorily complete the course(s), the employee shall reimburse the CITY for all advances paid by the CITY on behalf of the employee.

A timetable for reimbursement shall be determined on a case-by-case basis by the City Administrator.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
16 E. The maximum amount that is allowed in a fiscal year for the Tuition Advancement program is $1,000 per UNION member.

ARTICLE 21: ARTICLE 22:INSURANCE PROGRAMS

21.1 22.1The City offers a variety of insurance protection programs for the employee and dependents. Some protection is provided through fully insured instruments. Other protection is provided through a City self-funded program. Other protection is employee funded.

21.2 22.2For the purposes of this section the following definitions and groupings of coverage shall exist:

A. Non-Elective Core Coverage’s: (City Paid)
(1) Mandatory per month employer contribution
required by CalPERS for each employee enrolled in the CalPERS medical protection program. (2) Employee/dependent dental premium, established
by the City’s broker provider of record for the self-insured dental plan, depending on the level of coverage chosen.
(3) Collective employee/dependent vision premium
established by City’s broker provider of record for the self-insured vision plan. (4) Basic $30,000 life insurance premium (available
only to full-time and regular part time employees).
(5) Accidental Death and Dismemberment Policy
(available only to full-time and regular part time employees).

B. Elective (non-core) coverage (Employee Paid): available for purchase with flexible spending monies available to eligible employee:
(1) Employee and/or dependent medical coverage in the
CalPERS Program less the mandatory per month required employer payment. (2) I.R.C. Section 125 - Flexible Spending Account
(3) I.R.C. Section 125 - Dependent Care
C. Section 125 Plan: The City’s insurance plan is structured within this taxdeferred program. This is an Internal Revenue Code permitted plan. A third-party administrator provides administration of the plan.

22.3The City’s Maximum Medical Premium Contribution will be capped at 80% of the CalPERS CHOICE, SELECT, CARE, or EPO Medical Premium for eligible employees enrolled in the Public Employee and Hospital Care Act (PEHCA) Medical Plan.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
17 21.3 For eligible employees enrolled in a Public Employee Medical and Hospital Care Act (PEMHCA) Medical Plan, the City will make a maximum medical premium contribution, based on employee choice, that is either equal to 100% of the cost of the premiums for the lowest cost PPO plan (if, and only if, there are at least two PPO options at the applicable coverage level) or 80% of the cost of premiums for any other City-offered health plan.

The Parties agree to an automatic re-opener once estimated rates are known for the 2023 plan year, if the cost to the City of paying 100% of the premiums for the lowest cost PPO plan is projected to increase by more than 20% compared to the cost in the first year.

21.4 22.4The City agrees to maintain the contract for Group Long Term Disability Insurance (LTD). The cost of this insurance shall continue to be fully paid by participating employees. Participation in the plan is voluntary. Continuation of the coverage requires seventyfive percent (75%) participation by all eligible employees (benefited full-time and part-time).

21.5 22.5Plan Contents and Monthly Rates:

A. Life Insurance and Accidental Death/Dismemberment Insurance (AD&D) (Only available to full-time and benefited part-time employees):

Provider: Life Insurance — Standard Insurance Company
Rates: $.32 per $1000 Benefit (Basic Life)
$.04 per $1000 of Benefit (Basic AD&D)
Provider: AD&D Insurance — Standard Insurance Company
Rates:

All employees: $ 1.50 p/month
B. Vision Insurance:

Provider: Self-funded for Vision Insurance Coverage
Rates:

Vision insurance is available through Vision Service Plan (VSP).

Employees shall be enrolled in the City’s vision care health plan. The City shall pay 100% of the premium for the VSP Core (City Paid) plan for employee and eligible dependents. Employees have one option to purchase a buy-up option that is fully paid by the employee. (E)mployee Only: $ 6.10 p/month
(E)mployee + 1 dependent: $11.86 p/month
(E)mployee + 2 or more: $17.38 p/month
C. Dental Insurance:

Provider: Self-fund for Dental Insurance Coverage
Rates:

Dental insurance is available through Delta Dental. The City will pay 100% of the premium for the Delta Dental Core (City Paid) plan for Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
18 employee and eligible dependents. Employees have two options to purchase a buy-up option that is fully paid by the employee (E)mployee Only: $30.04 p/month
(E)mployee + 1 dependent: $55.13 p/month
(E)mployee + 2 or more: $103.89 p/month
D. Medical Insurance: CalPERS Plan (PEMHCA): subject to terms and conditions of by the Public Employees’ Medical and Hospital Care Act (PEMHCA).

E. The City shall reimburse employees the following amounts for the following vision related services:

Benefit City reimbursement
Exam $100
Single lenses $110
Bifocal lenses $140
Trifocal lenses $160
Lenticular $280
Contacts $100
Frames $200 (every other year)
Cataract surgery or 20/40 correction
deficiency: hard
$200
Cataract surgery or 20/40 correction
deficiency: soft
$250

21.6 22.6Retirees and Other Qualified Employees:

A. The City agrees to fund the minimum mandatory per month for medical coverage plus the administrative cost (based on total monthly premium) for currently enrolled retirees and eligible and enrolled un-benefited hourly employees, as required by CalPERS. (1) The City agrees to provide additional minimum
funding as needed for existing retirees, active or hourly employees who currently are not participating in the medical program, but who would be eligible under CalPERS guidelines.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
19 21.7 22.7Opting Out (Medical Program Only): Eligible employees may elect not to participate in the CalPERS medical plan. Anyone opting out shall only be eligible to take cash in the amount of $291 per month providing they meet the following conditions:

A. They shall submit proof of medical legally compliant coverage elsewhere.

B. They shall sign a medical plan waiver.

C. Married employees shall be required to obtain the signature of their spouse on the medical plan waiver form.

D. Employees under legal order to provide medical coverage for any dependents shall only be permitted to opt out after showing proof of coverage for each dependent identified in such legal order.

21.8 22.8The City and Association will review the dental and vision plans to identify the most affordable and viable plan without increasing the plan(s) premium.

21.9 Flexible-Spending/Dependent Care Contribution: The City will match up to $25 per pay period of an employee’s contribution to either a City provided plan’s flexible spending or dependent care account. The City’s matching contribution will not exceed $25 per individual employee per pay period. Retirees are not eligible for this matching contribution.

ARTICLE 22: ARTICLE 23:WORKERS’ COMPENSATION: SALARY

CONTINUATION NON-SAFETY EMPLOYEES

22.1 23.1Whenever any full-time, miscellaneous (Non-Safety) employee as defined by the Public Employees’ Retirement System (PERS), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/her duties, he/she shall become entitled, regardless of his/her period of service with the City, to leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, for the period of the disability, but not exceeding six months, or until such earlier date as he/she returns to duty or is retired on permanent disability pension in accordance with the rules/regulations governing such retirement.

22.2 23.2If the period of disability extends beyond the six month period, full salary continuation shall be discontinued and the employee shall be entitled to legal allowances provided under Workers’ Compensation Laws of the State of California which may be integrated with any other compensation to which the employee may be entitled, i.e., Long Term Disability coverage.

22.3 23.3Benefits: During the six month or less period of disability, the employee who suffers such injury/ illness arising out of and in the course of his/her duties shall continue entitlement to all benefits as would have been afforded that employee had he/she not have suffered such injury/illness.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
20 ARTICLE 23: ARTICLE 24:OTHER BENEFITS

23.1 24.1Jury Duty: The CITY provides time off with no loss of salary for employees who must fulfill jury duty obligations. Employees shall be entitled to keep the mileage reimbursement for such service. Any per diem amount received by the employee shall be signed over to the CITY.

23.2 24.2Automatic Deposit: The CITY, upon authorization from any employee, shall make direct deposits to the financial institution of the employee’s choice, through the City’s duly authorized financial institution. The employee’s financial institution must have direct deposit capabilities.

23.3 24.3Payroll Deductions: Employee funded insurance programs, deductions for deferred compensation programs, and UNION dues shall be paid through payroll withholding.

23.4 24.4Wellness ellness Reimbursement: The City will provide any employee in the unit with a reimbursement of up to $25/month to defray costs of a membership to a licensed gym/health club/fitness facility of the employee’s choosing. This reimbursement will be provided on a semi-annual basis in arrears (July and January).

23.5 24.5In order for employees to be reimbursed, they must provide evidence of payment for such membership in the form of cancelled checks, a credit card statement, or other payment verification deemed acceptable by the Finance Manager which provides verification the membership payment over a six-month period.

Requests for reimbursements must be received by the City no later than the end of the month following the reimbursement period (e.g., requests for reimbursements for the period JulyDecember must be received by the City on or before January 315131; requests for reimbursements for the period January — June must be received by the City on or before July 315131) in order to receive payment.

23.6 24.6Layoff Policy: Per Resolution 92-90, the policies and procedures for the layoff of City employees are incorporated herein as “Exhibit 1” to the MOU.

ARTICLE 25:ARTICLE 24: EXEMPT STATUS

25.1With the exception of the Public Works Superintendent and the Facility Maintenance Supervisor24.1 As of July 1, 2022, all employees and positions covered by this Agreement are have been determined to be exempt in accordance with the Fair Labor Standards Act and are accordingly not entitled to overtime , and/or compensatory time.

During the term of the Agreement the City and LIUNA will meet and discuss exempt status employees., and/or standby or callback time

25.2 The classifications of Public Works Superintendent and Facility Maintenance Supervisor are non-exempt positions, subject to overtime and/or compensatory time, as follows:

A. The City shall comply with the regulations established by the Fair Labor Standards Act (FLSA).

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
21 B. Overtime shall be compensated at time and one-half for all work performed over the normal forty (40) hour work period for those employees entitled to overtime pursuant to the guidelines and regulations established by the FLSA. Paid time off shall be counted as time worked.

C. Employees entitled to overtime compensation may, in-lieu of monetary compensation for statutory overtime, choose to take compensatory time off at a rate of not less than one and one-half hours for each hour of overtime worked. Compensatory time shall only be granted upon approval of the Department Manager.

D. Accrued compensatory time must be permitted to be used within a “reasonable period” of time as long as it does not “unduly disrupt” the operations of the agency. (Per FLSA guidelines.)
E. Compensatory time may be accrued up to the following limits with Department Manager approval:
• Non-Safety Employees (General): 75 hours (equals 50 straight-time hours)
F. In the event compensatory time is sold back to the City, it will be paid at the straight hourly rate since it was accumulated at the time and one-half rate.

ARTICLE 26: CALL-BACK/STAND-BY PAY

26.1 The non-exempt positions of Public Works Superintendent and Facility Maintenance Supervisor shall be eligible for Call-Back Pay. In situations where the employee is called back to work during a non-scheduled period of time the employee shall be granted a minimum of two (2) hours overtime. Travel time to and from the workplace shall not be considered time worked.

26.2 Standby is any time other than time when the employee is actually on duty during which an employee is not required to be on City premises but to stand by ready to immediately report for duty and must arrange communication such that the supervisor can reach the employee within fifteen (15) minutes or less.

If an employee is placed on standby duty, such employee shall be compensated for the time spent on assigned standby at two dollars and fifty cents ($2.50) per hour. If such standby is spent on weekends or holidays, the employee shall be compensated at three dollars ($3.00) per hour. No employee shall be compensated for standby duty and call back work simultaneously.

The City may assign employees who will be required to perform stand-by duty with fourteen (14) days’ notice, except in the event of a pending/forecasted storm or in other emergency situations.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
22 ARTICLE 25: IMPASSE RESOLUTION

27.125.1 The parties agree to utilize the Meyers-Milias-Brown Act (MMBA) impasse resolution process and include the City’s mediation component, as outlined in this section.

27.225.2 Definition: “Impasse” means that the representatives of the City and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.

27.325.3 Mediation:

A. The parties agree that prior to initiating the MMBA impasse procedure; the dispute shall be submitted to a mediator from the California State Mediation and Conciliation Service. Costs for mediation services, if any, shall be borne equally by the City and the Employee UNION.

B. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

ARTICLE 28:ARTICLE 26: MANAGEMENT RIGHTS

28.126.1 It is understood and agreed that the CITY retains all of its powers and authority to manage municipal services and the work force performing those services.

28.226.2 It is agreed that during the term of this contract the CITY shall not be required to meet and confer on matters, which are solely a function of management, including the right to:

A.A. Determine and modify the organization of City government and its constituent work units.

B.B. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.

C. Determine the methods, means, and the numbers and kinds of personnel by which services are to be provided.

D. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.

E. Establish employee performance standards and to require compliance therewith.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
23 F. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law including the current Personnel Ordinance.

G. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.

H. Implement rules, regulations, and directives consistent with all applicable laws and the specific provisions of the Memorandum of Understanding.

I. Take all necessary actions to protect the public and carry out its mission in emergencies.

28.326.3 Decisions under this section shall not be subject to the grievance procedure unless specifically authorized by the Personnel Ordinance or other applicable law.

28.426.4 The City will meet and confer on the exercise of the foregoing Management Rights where such exercise falls within the scope of representation as defined by the MMBA.

26.5 Without waiving any of its management rights, the City agrees to participate in quarterly Joint Labor and Management Committee (“JLMC”) meetings during the term of this MOU. The City also agrees to participate in additional JLMC meetings to discuss specific topics including but not limited to the following anticipated topics:1) types of work performed (clerical vs. management duties; 2) clarification/addressing of out-of-class issues; 3) workspace enhancements/HVAC issues; 4) training/professional development (per Article 4.3, to include scope, criteria for incentive pays); 5) remote work/telework possibilities; and 6) number/use of City/personal vehicles. Prior to any JLMC meeting, the parties will agree on an advanced agenda that identifies participants, topics to be covered, whether they involve management rights or negotiable decisions, and/or negotiable effects, as well as the parties’ intended outcome (e.g. consideration of employee input into management decision, new/revised policy, side letter/letter of agreement).

ARTICLE 29:ARTICLE 27: UNION SECURITY/ACCESS

29.127.1 New Employee Orientation:

J. A.A. New employee orientation shall occur within seven (7) days of an employee’s hire. The Union will be provided not less than ten (10) calendar days’ advanced notice of the time, date and location of the orientation. The Union will be given up to thirty (30) minutes during the orientation to present Union membership information. Attendance of the new employee at the Union’s portion of the orientation is mandatory. Management representatives will excuse themselves during the Union portion of the orientation. Employee representatives conducting the orientation shall be granted paid release time to attend including reasonable travel time if needed.

K. B.B. The City will provide the Union a digital file via e-mail to the Association President and Labor Relations Representative containing the following information:

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
24 • Name
• Job title
• Department
• Work location
• Work, home, and personal cellular telephone numbers
• Home address
The City shall not be required to supply employee information it does not have.

29.227.2 Maintenance of Membership/Separation from Unit:

A.A. Employees who are dues paying Union members at the time of the signing of this agreement or who become dues paying members during the term of the agreement shall remain dues paying members for the duration of the agreement.

Employees may opt out of Union membership by providing written notice to the Union during the thirty (30) day period prior to the expiration of this agreement.

B.B. The provisions of this Agreement shall not apply during periods that an employee is separated from the representation unit but shall be reinstated upon the return of the employee to the representation unit. The term “separation” includes transfer out of the unit, layoff, and leave of absence with duration of more than thirty (30) days.

ARTICLE 30:ARTICLE 28: HARASSMENT POLICY

30.128.1 The City agrees to meet and consult with the union before any changes to the City’s harassment policy are presented to the City Council.

ARTICLE 31:ARTICLE 29: SEPARABILITY

31.129.1 If a court of competent jurisdiction finally determines that any provision of the Memorandum of Understanding is invalid and unenforceable, such provision shall be separable, and the remaining provisions of the Memorandum of Understanding shall remain in full force and effect.

ARTICLE 32:ARTICLE 30: EFFECT OF AGREEMENT

32.130.1 This Memorandum of Understanding sets forth the full and complete understanding between the parties hereto. Any items, from previous agreements; not addressed in this agreement are carried forward.

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
25 ARTICLE 33:ARTICLE 31: SIGNATURES

33.131.1 For the City of Carmel-by-the-Sea:

Chip Rerig, City Administrator

Dated

33.231.2 For the Carmel-by-the-Sea General Employees Association:

Ryan Heron, Chief Negotiator
Union of Public Employees of California—
Local 797

Dated

Dated

Dated

Dated

Dated

Dated

Attachment 3
Memorandum of Understanding: Management Employees Unit
July 1, 2019 2022 – June 30, 20222024
26 Appendix “A”
Uniform Items: Costs and Reimbursements*
The City will provide Uniforms and equipment for employees as follows:

Job Classification Items Provided
• City Forester Pants
• Facilities Maintenance Supervisor Shirt
• Public Works Superintendent Jacket
Chaps 1
Helmets with Screens’*
The City agrees to make available/furnish protective equipment to all classes listed above in addition to the classes of Associate , Principal, and Senior Planner if requested and/or deemed necessary which includes, but may not be limited to:
• Hat (baseball cap or visor)
• Hard Hat
• Rain Gear
• Safety Vest
• Eye and/or Ear Protection
• Gloves
The City agrees to reimburse the classes listed below up to $225 250 each fiscal year for the purchase and repair of safety related footwear which must be worn at all times while on duty. Each department head will determine the specifics of the footwear required. • City Forester
• Facilities Maintenance Supervisor
• Public Works Superintendent
The City agrees to reimburse the classes listed below up to $225 every other fiscal year (odd numbered years) for the purchase and repair of safety related footwear which must be worn at all times while in the field. Each department head Department Head will determine the specifics of the footwear required:
• Associate Planner
• Senior Planner
Effective July 1, 2021, the reimbursement for footwear identified above will increase to $250. • Principal Planner
*Helmets with screens for Forestry Staff only*
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

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

Adopt Resolution 2022-084 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association, effective July 1, 2022 RECOMMENDATION:

Adopt Resolution 2022-084 authorizing the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association, effective July 1, 2022.

BACKGROUND/SUMMARY:

The unit represented by the POA includes the non-sworn positions of Community Services Officer and Police Services Officer and the sworn positions of Police Officer and Police Sergeant.

With the 2019-2022 MOU between the City and POA set to expire in June 30, 2022, the negotiations teams for both parties met numerous times over the past several months in an effort to reach agreement on a successor MOU. At the Council’s request, the City and POA agreed to adopt an interest based-type approach to the meetings, through which the negotiations teams started from a big picture approach and then working methodically, translated the broader concepts into shared interests and conceptual ideas, which the parties ultimately drew from to develop proposals. Key shared interests identified are Long Term Fiscal Stability/ Prudent Fiscal Management, Maintaining service levels/service quality, Employee retention/recruitment, and Stability in Labor Relations.

The City and the POA have reached a tentative agreement on a three-year successor MOU for 2022-2025, featuring a Reduced Staffing Program (Program) and a significant increase to base salaries in the first year of the agreement for sworn employees and more modest base increases for non-sworn employees for each of the three years.

Sworn Employees
The parameters for the Program for sworn employees align with the interests shared by the City and POA by continuing to place top priority on maintaining high levels of service and community safety and ensuring fiscally sustainable operations. Specifically:

The Program will be adopted on a trial, pilot basis during the term of the MOU and will end automatically upon expiration of the MOU on June 30, 2025, unless the City decides to continue the reduced staffing levels beyond then.

The Program calls for a comprehensive review of the City’s public safety performance under the first two years of the Program, commencing in July 2024 and concluding no later than December 31, 2024. The results of this review will be taken into account in, but will not be solely determinative of, the City’s decision whether to continue the Program beyond June 30, 2025.

Should the City decide to discontinue the Program and increase the number of budgeted Association positions beyond July 1, 2025, the City and POA agree that the need for fiscal sustainability will be a factor in determining the scope of meet and confer associated with that decision, including, but not limited to potential modification to one or more elements of total compensation for POA employees effective on or after July 1, 2025.The City and Association agree to meet and confer regarding the effects, if any, During the term of this MOU, the Program will consist of the following:

Reduction of budgeted sworn positions to 13 total, including 11 positions represented by the Association. The resulting rank structure will be 1 Chief, 1 Commander, 2 Sergeants, 8 Officers plus 1 Officer assigned as Detective. At no time during the Program will the number of Officer positions exceed 9.

Compared to present, this restructuring will remove 3 unfilled sworn positions and eliminate the Corporal classification.

Direct City contributions to 457 deferred compensation plans for eligible employees (defined as those who performed essential sworn duties or were on specified types of authorized leaves of absence for more than half of scheduled hours in the prior year. o $10,000 in the first year; $15,000 in the second year; $20,000 in the third year, paid out incrementally per pay period.

Assignment of officers to 24-hour standby shifts with standby pay of $150 per standby shift.

In addition, in furtherance of shared interests in promoting retention of and improving recruitment of highly qualified and motivated officers, the City and POA carefully examined and restructured both the approach to total compensation received by sworn unit members and the associated duties expected of Police Officers. As reflected in the revised job descriptions included as Appendix A to the draft MOU, the heightened expectations encompass policing elements and specialized training in areas such as added mental health response skills, community policing/problem solving, field leadership responsibilities, detective-level capacity by patrol officers, special event coordination duties, and crime scene leadership.

In furtherance of shared interests in Long Term Fiscal Stability/ Prudent Fiscal Management and recognizing the above performance expectations, the POA has agreed to eliminate additional special pays such as shift differential pay, motor officer pay, wellness reimbursement, CA POST education incentive, SWAT/Hostage Negotiation pay, and Field Training Officer pay. (The City and POA agree that motivating pursuit of higher education through the existing education incentive program and encouraging bilingual skills in sworn employees continue to add value in maintaining high service levels to the community and warrant continued special pays.) POA members also continue to pay a portion of their salary toward the employer share and pay the full employee share of retirement benefit costs.

To address the urgent conditions brought about by high vacancy rates and difficulty filling existing sworn vacancies, to compensate for the redefined scope of duties (as discussed above) reflected in the job descriptions for Police Officer contained in Appendix A) and associated heightened standards of performance, and in recognition of the higher salaries offered by comparable police agencies, the City and Association agree to restructure the salary ranges in place as of June 30, 2022 to reduce the number of steps from 6 to 3, define each new step based on years of City service, and apply an increase to base rate of pay for the new steps. The resulting salaries for sworn unit members employed as of July 1, 2022 will be governed by the following rules:

Members with fewer than 12 months of continuous City service (including new hires after July 1, 2022) will be placed on Step 1, with a resulting annual salary of $129,230.40 for Police Officers and $148,635.10 for Police Sergeants.

Members with fewer than 120 months but more than 12 months of continuous City service will be placed on Step 2, with a resulting annual salary of $136,032.00 for Police Officers and $156,458.00 for Police Sergeants.

Members with more than 120 months of continuous City service will be placed on Step 3, with a resulting annual salary of $140,112.96 for Police Officers and $161,151.74 for Police Sergeants.

There will be no increases to the salaries for Step 1, Step 2, or Step 3 during the three-year term of the agreement. Employees on Steps 1 and 2 will remain eligible to advance to the next step on their anniversary date upon their completion of minimum required years of City service and satisfactory or better performance evaluation.

Non-Sworn
Effective July 1, 2022, non-sworn employees will receive a 5% increase to base salary.

Effective July 1, 2023, non-sworn employees will receive a 3% increase to base salary.

Effective July 1, 2024, non-sworn employees will receive a 3% increase to base salary.

In addition, due to an existing parity clause, should the Council approve the increased deferred compensation match tentatively agreed to by the City and General Employees Unit, the non-sworn employees in the POA would also receive that increased match (of up to $50).

FISCAL IMPACT:

The reduction from six (6) to three (3) defined new steps will increase the POA sworn employees base salary from 32% - 47%. The fiscal impact of the sworn employees:

Year 1 cost to the City $756,847, however, the City will defund three (3) Police Officer positions that is equivalent to $583,470. The difference of $173, 368 in FY 22/23 will be submitted as a mid-year adjustment.

Year 2 cost to the City is $811,847 and the City will defund three (3) Police Officer positions that is equivalent to $583,470. The difference of $228,368 will be budgeted into the FY 23/24 operating budget.

Year 3 cost to the City is $866,847 and the City will defund three (3) Police Officer positions that is equivalent to $583,470. The difference of $283,368 will be budgeted into the FY 24/25 operating budget.

The fiscal impact for the non-sworn employees:

Year 1 cost to the City is $54,306.79 and will be absorbed in the current FY 22/23 operating budget.

Year 2 cost to the City is $34,213 and will be budged in the FY 23/24 operating budget.

Year 3 cost to the City is $35,239 and will be budgeted in the FY 24/25 operating budget.

The fiscal impact does not reflect the increases to the CalPERS pension liability for both sworn and miscellaneous based on the negotiated salary increases.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2022-084
Attachment 2) Exhibit A - Salary Schedule POA Classifications Attachment 3) Exhibit B - Memorandum of Understanding_Red Line Version

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-084

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

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND CARMEL BY-THE-SEA POLICE

OFFICERS ASSOCIATION AND ADOPTING THE CARMEL POLICE OFFICERS CLASSIFICATION SALARY PLAN IN ACCORDANCE WITH MUNICIPAL CODE 2.52.520 AS OF JULY 1, 2022 WHEREAS, the current Memorandum of Understanding (MOU) between the City and employees represented by the Carmel by-the-Sea Police Officers Association expired; and WHEREAS, the City of Carmel-by-the-Sea has been in negotiations with the Carmel by-the-Sea Police Officers Association (POA) regarding salaries and benefits; and WHEREAS, the City and the Carmel by-the-Sea Police Officers Association have reached an agreement which is embodied in the attached Memorandum of Understanding for the period of July 1, 2022 through June 30, 2025; 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; and 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, staff recommends that the City Council adopt the current City pay rates and ranges for Carmel by-the-Sea Police Officers classifications (Exhibit A).

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

1. The City of Carmel-by-the-Sea City Council authorizes and approves the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for City of Carmel-by-the-Sea Police Officers Association (Exhibit A)

2. Authorize the City Administrator to execute the Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel by-the-Sea Police Officers Association. (Exhibit B) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 13th day of SEPTEMBER, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 1
SIGNED: ATTEST:
_______________________ ___________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
EXHIBIT A
Effective July 1, 2022
Classification Grade Pay  Step 1 Step 2 Step 3
Hourly 62.13 $               65.40 $               67.36 $ Police Officer P ‐ 3 Monthly 10,769.20 $       11,336.00 $       11,676.08 $ Annual 129,230.40 $     136,032.00 $     140,112.96 $
Hourly 71.46 $               75.22 $               77.48 $ Police Sergeant  P‐ 5 Monthly 12,386.26 $       13,038.17 $       13,429.31 $ Annual 148,635.10 $     156,458.00 $     161,151.74 $
Step 1: 0‐12 months
5% effective July 1, 2022 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: 27.90 $               29.54 $               31.00 $               32.54 $               34.17 $               35.21 $ Community Services Officer P‐1 Monthly: 4,835.74 $          5,119.66 $          5,372.64 $          5,640.18 $          5,922.28 $          6,103.07 $ Annual: 58,028.88 $       61,435.92 $       64,471.68 $       67,682.16 $       71,067.36 $       73,236.80 $ Hourly: 30.32 $               31.84 $               33.43 $               35.10 $               36.86 $               37.96 $ Police Services Officer P2 Monthly: 5,256.16 $          5,518.24 $          5,794.88 $          6,084.26 $          6,388.20 $          6,579.73 $ Annual: 63,073.92 $       66,218.88 $       69,538.56 $       73,011.12 $       76,658.40 $       78,956.80 $ PENDING APPROVAL: City Council September 13, 2022, Resolution #2022‐084 POA SWORN CLASSIFICATIONS
POA NON‐SWORN CLASSIFICATIONS
CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR POLICE OFFICER ASSOCIATION CLASSIFICATIONS EFFECTIVE JULY 1, 2022
Step 2: 12‐120 monthsStep 3: More than 120 months
EXHIBIT A
Effective July 1, 2023
Classification Pay  Step 1 Step 2 Step 3
Hourly 62.13 $                65.40 $                67.36 $ Police Officer Monthly 10,769.20 $        11,336.00 $        11,676.08 $ Annual 129,230.40 $      136,032.00 $      140,112.96 $ Hourly 71.46 $                75.22 $                77.48 $ Police Sergeant  Monthly 12,386.26 $        13,038.17 $        13,429.31 $ Annual 148,635.10 $      156,458.00 $      161,151.74 $ Step 1: 0‐12 months
3% effective July 1, 2023 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: 28.74 $                30.42 $                31.93 $                33.52 $                35.20 $                36.27 $ Community Services Officer P‐1 Monthly: 4,981.08 $           5,272.80 $           5,534.53 $           5,810.13 $           6,101.33 $           6,286.80 $ Annual: 59,772.96 $        63,273.60 $        66,414.40 $        69,721.60 $        73,216.00 $        75,441.60 $ Hourly: 31.23 $                32.79 $                34.43 $                36.15 $                37.96 $                39.10 $ Police Services Officer P2 Monthly: 5,413.13 $           5,683.60 $           5,968.37 $           6,266.52 $           6,579.73 $           6,777.33 $ Annual: 64,957.57 $        68,203.20 $        71,620.43 $        75,198.24 $        78,956.80 $        81,328.00 $ POA NON‐SWORN CLASSIFICATIONS
CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR POLICE OFFICER ASSOCIATION CLASSIFICATIONS EFFECTIVE JULY 1, 2023
PENDING APPROVAL: City Council September 13, 2022, Resolution #2022‐084 Step 3: More than 120 months
POA SWORN CLASSIFICATIONS
Step 2: 12‐120 months
EXHIBIT A
Effective July 1, 2024
TITLE Pay  Step 1 Step 2 Step 3
Hourly 62.13 $                  65.40 $             67.36 $ Police Officer Monthly 10,769.20 $          11,336.00 $     11,676.08 $ Annual 129,230.40 $       136,032.00 $   140,112.96 $
Hourly 71.46 $                  75.22 $             77.48 $ Police Sergeant  Monthly 12,386.26 $          13,038.17 $     13,429.31 $ Annual 148,635.10 $       156,458.00 $   161,151.74 $
Step 1: 0‐12 months
3% effective July 1, 2024 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: 29.60 $               31.33 $               32.88 $               34.52 $               36.25 $               37.35 $ Community Services Officer P‐1 Monthly: 5,131.05 $          5,430.53 $          5,699.20 $          5,983.47 $          6,283.33 $          6,474.00 $ Annual: 61,572.58 $       65,166.40 $       68,390.40 $       71,801.60 $       75,400.00 $       77,688.00 $ Hourly: 32.17 $               33.77 $               35.47 $               37.23 $               39.10 $               40.27 $ Police Services Officer P2 Monthly: 5,575.60 $          5,853.47 $          6,148.13 $          6,453.20 $          6,777.33 $          6,980.13 $ Annual: 66,907.15 $       70,241.60 $       73,777.60 $       77,438.40 $       81,328.00 $       83,761.60 $ POA NON‐SWORN CLASSIFICATIONS
CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR POLICE OFFICER ASSOCIATION CLASSIFICATIONS EFFECTIVE JULY 1, 2024
PENDING APPROVAL: City Council September 13, 2022, Resolution #2022‐084 Step 3: More than 120 months
POA SWORN CLASSIFICATIONS
Step 2: 12‐120 months
LA #4872-2609-8205 v1

MEMORANDUM OF UNDERSTANDING
Between the
City of Carmel-by-the-Sea
And the
Carmel-by-the-Sea Police Officers Association
For the period
July 1, 2019 2022 through June 30, 20222025
Attachment 3

TABLE OF CONTENTS
Page
-iSF #4819-1838-2403 vl

TABLE OF CONTENTS
Page
ARTICLE 1: PREAMBLE .................................................................................................................... 1 ARTICLE 2: RECOGNITION .............................................................................................................. 1 ARTICLE 3: TERM OF CONTRACT .................................................................................................. 1 ARTICLE 4: PROBATION ................................................................................................................... 1 ARTICLE 5: COMPENSATIONREDUCED STAFFING PROGRAM ............................................ 2 ARTICLE 6: BASE COMPENSATION ............................................................................................... 3 ARTICLE 7: ACADEMIC EDUCATIONAL INCENTIVE PLAN ................................................... 36 ARTICLE 78: RETIREMENT ............................................................................................................ 57 ARTICLE 89: DEFERRED COMPENSATION............................................................................... 810 ARTICLE 910: UNIFORM ALLOWANCE ..................................................................................... 911 ARTICLE 10: HOLIDAYS ................................................................................................... 9 ARTICLE 11: HOLIDAYS ................................................................................................................. 11 ARTICLE 12: HOLIDAY ACCRUAL ............................................................................................. 911 ARTICLE 1213: GENERAL LEAVE............................................................................................ 1012 ARTICLE 1314: VACATION ACCRUAL ................................................................................... 1012 ARTICLE 1415: BEREAVEMENT LEAVE ................................................................................ 1113 ARTICLE 1516: SICK LEAVE ..................................................................................................... 1214 ARTICLE 1617: CATASTROPHIC ILLNESS/SICK LEAVE HOURS TRANSFER ................. 1415 ARTICLE 1718: PHYSICAL EXAMINATIONS ......................................................................... 1516 ARTICLE 1819: WORK SCHEDULES, OVERTIME COMPENSATION AND COMPENSATORY TIME ................................................................................................ 1517 ARTICLE 1920: PREMIUM PAY AND SHIFT DIFFERENTIALS ............................................ 1719 ARTICLE 20: LONGEVITY MERIT PAY ......................................................................... 22 ARTICLE 21: INSURANCE PROGRAMS ................................................................................... 2221 ARTICLE 22: OTHER BENEFITS ................................................................................................ 2423 ARTICLE 23: IMPASSE RESOLUTION ...................................................................................... 2625 ARTICLE 24: SHIFT SCHEDULING ........................................................................................... 2726 ARTICLE 25: WORKERS COMPENSATION SALARY CONTINUATION ............................. 2726 ARTICLE 26: MANAGEMENT RIGHTS .................................................................................... 2826 ARTICLE 27: SEPARABILITY .................................................................................................... 2927 ARTICLE 28: SIGNATURES ........................................................................................................ 2927 Attachment 3
LA #4872-2609-8205 v1
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Memorandum of Understanding
Between
The City of Carmel-by-the-Sea
And
City of Carmel-by-the-Sea Police Officers Association
ARTICLE 1:ARTICLE 1: PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of Cannel-by-the-Sea, hereinafter referred to as “City,” and the City of Carmel-by-the-Sea Police Officers Association, hereinafter referred to as “Association,” pursuant to California Government code Section 3500 et seq. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment. Existing practices and/or benefits which are not referenced in this MOU and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.

ARTICLE 2:ARTICLE 2: RECOGNITION

2.1 The City of Carmel-by-the-Sea recognizes the Association as the recognized and exclusive representative for the following non-exempt classifications:

Community Services Officer
Police Services Officer
Police Officer
Police Corporal*
Police Sergeant
*The City intends to eliminate the classification of Police Corporal during the term of this MOU and will eliminate positions as they become vacant. Once eliminated, the classification will be removed from the bargaining unit.

ARTICLE 3:ARTICLE 3: TERM OF CONTRACT

3.1 The term of this MOU shall be from July 1, 20192022, and continue through June 30, 2022.2025. The POA and the City agree to commence bargaining for a subsequent MOU within 120 days prior to the end of this contract.

ARTICLE 4:ARTICLE 4: PROBATION

4.1 Probationary Period: All original, promotional and re-hire appointments shall be tentative and subject to a probationary period. Original hires and re-hires shall be subject to an eighteen (18) month period of actual and continuous service. Promotional appointments shall be subject to a one (1) year period of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days (consecutive or not) shall automatically extend the probationary period by the numbers of days the employee is on leave.

4.2 Objective of Probationary Period: The probationary period shall be regarded as part of the selection process and shall be utilized for training and observation of the Attachment 3
LA #4872-2609-8205 v1
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probationary -1- employee on work assignments and standards in order to evaluate the probationary employee’s performance.

4.3 Rejection of Probationary Employee: During the probation period, an employee may be rejected at any time by the City Administrator upon recommendation of the Department Manager without cause and without the right of appeal. Notification of rejection shall be served on the probationary employee in writing. Any promoted employee who is rejected during the probationary period shall be entitled to return to the position held prior to promotion at the range and step held prior to promotion, unless the probationary employee is discharged, in which case no reinstatement shall occur.

4.4 Extension of Probation: All efforts will be made to sufficiently evaluate the probationary employee during the designated period. An extension of the probationary period, however, may be recommended by the Public Safety Director when good cause exists. Such extension shall be for a specific period of time not to exceed three (3) months.

ARTICLE 5: COMPENSATION

5.1 Salary Adjustments-Sworn Personnel:

A. 2019/20 Salaries
Effective the first full pay period following ratification of this agreement by the POA, salaries shall be increased by three percent (3.0%).

ARTICLE 5: REDUCED STAFFING PROGRAM

5.1 The Reduced Staffing Program (Program), has been developed jointly between the City and Association. The Program is being adopted on a trial, pilot basis during the term of this agreement and will end automatically upon expiration of this agreement, unless the City decides to continue the reduced staffing levels beyond the term of this agreement. During the term of this agreement, the Program will implement the following:

A. The City will reduce the budgeted positions to 13 total sworn positions, including 11 positions represented by the Association.
1 Structural Transition Period: The rank structure to be followed during the Program includes a total department complement of 1 Chief, 1 Commander, 2 Sergeants, 8 Officers plus 1 Officer assigned as Detective.

At no time during the Program shall the number of Officer positions exceed 9.

B. The City will make direct contributions to deferred compensation (457 plans) for eligible employees in the amounts set forth below during the term of this agreement. Eligibility for contributions for the 2023-2024 and 2024-2025 fiscal years shall be limited to sworn unit members who performed the essential duties of their sworn positions for more than half of the regularly scheduled hours for the position in the prior fiscal year. Authorized hours taken off work due to the following types of leaves of absence shall count as regularly scheduled work hours for purposes of determining eligibility to receive the deferred contributions under this provision: illness or injury leave whether sick leave or workers compensation leave pursuant to Labor Code section 4850; leave under the Family Attachment 3
LA #4872-2609-8205 v1
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Medical Leave Act, California Family Rights Act, or Pregnancy Disability Leave Law; leave provided as a reasonable accommodation under the California Fair Employment and Housing Act or Americans with Disabilities Act; or Military leave. Paid administrative leave time shall also count as regularly scheduled work hours under this section, unless the leave is due to an investigation, and the employee is terminated due to one or more sustained investigation findings. Total contributions shall be distributed evenly across the pay periods in each fiscal year for such eligible employees during the term of this agreement, as follows:
• Effective the first full For the 2022-2023 fiscal year: $10,000, at a rate of approximately $526.32 per pay period, starting with the pay period following ratification of this agreement by the POA, a one-time equity payment of 1%, with said payment not subject to Ca1PERS reporting of benefits.and adoption by the City Council.
• For the 2023-2024 fiscal year, $15,000 at a rate of $625 per pay period. • For the 2024-2025 fiscal year, $20,000 at a rate of $833.33 per pay period.

C. The City will provide standby pay at a rate of $150 per 24-hour period to employees assigned to standby status. The parties agree that the City will adopt a policy setting forth terms and conditions for employees on standby status, subject to applicable meet and confer obligations.

5.2 The City and Association agree that maintaining high levels of service and community safety and ensuring fiscally sustainable operations are top priorities. To that end, the City and Association agree to undertake a comprehensive review of the City’s public safety performance under the first two years of the Program, commencing in July 2024 and concluding no later than December 31, 2024. The results of this review will be taken into account in, but shall not be solely determinative of, the City’s decision whether to continue the Program beyond June 30, 2025. The City and Association agree to meet and confer regarding the effects, if any, from the City’s decision, commencing in January 2025.

A. The City and Association understand and agree that should the City decide to increase the number of budgeted Association positions effective on or after July 1, 2025, the need for fiscal sustainability will be a factor in determining the scope of meet and confer associated with that decision, including, but not limited to potential modification to one or more elements of total compensation for Association employees effective on or after July 1, 2025.

ARTICLE 6: BASE COMPENSATION

6.1. Base Rate of Pay
B. 2020/21 Salaries
Effective July 1, 2020, salaries shall be increased by three percent (3%).

C. 2021/22 Salaries
Effective July 1, 2021, salaries shall be increased by four percent (4%).

5.2 Salary Adjustments-Non-Sworn Personnel:

Attachment 3
LA #4872-2609-8205 v1
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A. 2019/20 Salaries
Effective the first full pay period following ratification of this agreement by the POA, salaries shall be increased by two percent (2.0%).

B. 2020/21 Salaries
Effective July 1, 2020, salaries shall be increased by one and one-half percent (1.5%).
-2-
C. 2021/22 Salaries
Effective July 1, 2021, salaries shall be increased by one and one-half percent (1.5%).

ARTICLE 6: EDUCATIONAL INCENTIVE PLAN

6.1 Payment Established: The City Counsel, having determined the acquisition of additional education by employees makes those employees more valuable to the City, does hereby establish an Educational Incentive Pay Plan (HP).

6.2 Definitions: For the purpose of this program, the following definitions shall apply:

For purposes of this agreement, Base Rate of Pay shall mean the hourly rate of an employee as established by the City Council, and shall not include any overtime, holiday-in-lieu pay, incentive pay, allowances, or other supplemental benefit. Base pay is distinct from the “regular rate,” which includes all remuneration paid to the employee for employment, except payments specifically excluded by the Fair Labor Standards Act.

6.2. Base Rate of Pay for Sworn Members
A. Step placement effective the first pay period of July 1, 2022: To address the urgent conditions brought about by high vacancy rates and difficulty filling existing sworn vacancies, to compensate for the redefined scope of duties (as reflected in the job descriptions for Police Officer contained in Appendix A ) and associated heightened standards of performance, and in recognition of the higher salaries offered by comparable police agencies, the City and Association agree to restructure the salary ranges in place as of June 30, 2022 to reduce the number of steps from 6 to 3, define each new step based on years of City service, and apply an increase to base rate of pay for the new steps. The resulting amount of increase for sworn unit members employed as of July 1, 2022 will be governed by the following rules:

1. Members with fewer than 12 months of continuous City service will be placed on Step 1.

Attachment 3
LA #4872-2609-8205 v1
-5-

2. Members with fewer than 120 months but more than 12 months of continuous City service will be placed on Step 2.

3. Members with more than 120 months of continuous City service will be placed on Step 3.

B. Employees hired into sworn unit positions after July 1, 2022 will be placed on Step 1.

C. The parties agree that the City will provide no further increases to base compensation during the term of this agreement. Individual employees on steps 1 and 2 remain eligible on their anniversary date to advance to step 2 and 3 upon completion of corresponding years of City service and satisfactory or better performance evaluation.

E. The parties agree that the full amount of base compensation set forth in the tables below is intended to be PERSable as payrate for classic members and as base pay within the meaning of pensionable compensation for new members.

6.3 -Sworn Personnel Salary Tables:

July 1, 2022
TITLE Pay Step 1 Step 2 Step 3
Hourly 62.13 65.40 67.36
Police Officer Monthly 10,769.20 11,336.00 11,676.08
Annual 129,230.40 136,032.00 140,112.96
Hourly 71.46 75.22 77.48
Police Sergeant Monthly 12,386.26 13,038.17 13,429.31
Annual 148,635.10 156,458.00 161,151.74
July 1, 2023
TITLE Pay Step 1 Step 2 Step 3
Hourly 62.13 65.40 67.36
Police Officer Monthly 10,769.20 11,336.00 11,676.08
Annual 129,230.40 136,032.00 140,112.96
Hourly 71.46 75.22 77.48
Police Sergeant Monthly 12,386.26 13,038.17 13,429.31
Annual 148,635.10 156,458.00 161,151.74
Attachment 3
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July 1, 2023
TITLE Pay Step 1 Step 2 Step 3
Hourly 62.13 65.40 67.36
Police Officer Monthly 10,769.20 11,336.00 11,676.08
Annual 129,230.40 136,032.00 140,112.96
Hourly 71.46 75.22 77.48
Police Sergeant Monthly 12,386.26 13,038.17 13,429.31
Annual 148,635.10 156,458.00 161,151.74
Step 1: 0-12 months
Step 2: 12-120 months
Step 3: More than 120 months
July 1, 2022
TITLE Pay Step 1 Step 2 Step 3
Hourly 64.41 67.80 69.84
Police Corporal Monthly 11,165.03 11,752.67 12,105.25
Annual 133,980.40 141,032.00 145,262.96
July 1, 2023
TITLE Pay Step 1 Step 2 Step 3
Hourly 64.41 67.80 69.84
Police Corporal Monthly 11,165.03 11,752.67 12,105.25
Annual 133,980.40 141,032.00 145,262.96
July 1, 2024
TITLE Pay Step 1 Step 2 Step 3
Hourly 64.41 67.80 69.84
Police Corporal Monthly 11,165.03 11,752.67 12,105.25
Annual 133,980.40 141,032.00 145,262.96
Step 1: 0-12 months
Step 2: 12-120 months
Step 3: More than 120 months

6.4 Base Rate of Pay for Non-Sworn Members:

A. 2022/23 Salaries
Effective the first full pay period of July 2022, base rate of pay shall be increased by five percent (5.0%).

B. 2023/24 Salaries
Effective July 1, 2023, base rate of pay shall be increased by three percent (3%).

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C. 2024/2025 Salaries
Effective July 1, 2024, base rate of pay shall be increased by three percent (3%).

ARTICLE 7: ACADEMIC EDUCATIONAL INCENTIVE PLAN

7.1 Payment Established: The City Council, having determined the acquisition of additional education by employees makes those employees more valuable to the City, does hereby establish an Academic Educational Incentive Pay Plan (AEIP).

7.2 Definitions: For the purpose of this program, the following definitions shall apply:

A. B.Satisfactory Completion shall mean a grade of “C” or better in any course. • No more than one-third (1/3) of the total number of units considered for EIP AEIP may be on a “credit only” or “pass/fail” basis (limit of 10 out of 30 units or 20 out of 60 units). Units earned with a “Credit Minus” grade will not be considered eligible under the EIP AEIP program. For graduate level courses, a course grade of “B” or higher is needed to be considered as Satisfactory Completion under EIPAEIP. To be eligible for the E1P AEIP program, all coursework must be completed at an accredited educational institution.

B. C.College Level shall mean any post-high school educational institution accredited by the California State Department of Education, the Western Association of Schools and Colleges, or by equivalent organizations in other states and countries, or which have the prior approval of the City Administrator.

C. D.Job-Related shall mean any college level course related to technical or specialized aspects of the employee’s position, as well as courses meeting general educational degree requirements, which are reasonably job-related. The City Administrator’s determination of the eligibility of any course shall be final and shall be obtained prior to taking course.

D. E.Units shall mean semester units (two semesters to a full academic year). Each quarterly or trimester unit shall be counted at a value of .67% of a semester unit.

F. POST shall mean Commission on Peace Officer Standards and Training.

Certificates issued by POST represent various levels of training, and are -3-
required for advancement, or are available to Police Officers, Police Corporals, Police Sergeants, and Police Services Officers. Community Services Officers may also be eligible for POST training based on job expectations.

6.37.3 Eligibility.

Eligibility: In order for employees to be eligible for EIPAEIP, all of the following conditions shall be met:

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1. Employees currently employed, as of the effective date of this MOU, shall become eligible for EIP once he or she successfully completes 18 months of continuous service to the City. This period of time may be waived at the discretion of the City Administrator.

1. Employees who are not required to possess a college-level degree as a minimum qualification for their position, yet have earned one or more college-level degrees, are eligible to receive education incentive pay under this section..

2. Employees hired after January 1, 2017, shall become eligible for EIP on their date of hire.

2. 3.The For current employees seeking to obtain a college-level degree, the education, training or instruction shall be acquired at times when the City does not compensate the employee. Reimbursement to the employee by the City for the costs of books, tuition, or supplies shall not affect eligibility.

Scholarships or veteran’s benefits shall not be considered EIP AEIP compensation.

3. 4.Credit shall not be given for work experience, even though an academic institution may have given credit for such experience, until such time as a degree is granted the employee by such institution.

4. 5.The employee shall submit to the City Administrator through the Department Manager a list of courses and credits, together with transcripts or other proof of satisfactory completion, as may be required to verify the acquisition of claimed credits.

6.4 POST educational incentive.

7.4 Payment of Academic Educational Incentive.

Documented successful completion of training will result in the adjustment to base pay as indicated for each training. Awards will be cumulative:

Basic 0%
Intermediate 1%
Advanced 2%
Supervisory 2%

6.5 Academic educational incentive.

Base pay adjustments will NOT be cumulative but will be assigned based on the highest degree attained.
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Associates 2%
Bachelor's 5%
Master's 6%
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Employees who have or obtain the following degrees, subject to the limitations described elsewhere in Article 7, shall be paid the following annual benefit amount to be provided on a prorated, per-paycheck basis over the course of 24 pay periods. Employees holding multiple collegelevel degrees will be paid for the highest level completed only. The maximum total annual payment to an employee under this Section shall not exceed $7,000 annually.

Associates $2,500
Bachelors $6,000
Masters $7,000

6.67.5 Timing
Timing of document submission: Receipts and completed Completed documentation is expected to be submitted within 90 days of the date on which the grade for the course is released from the institution. Failure to submit information in a timely manner may result in delay or denial of reimbursementEIP.

Time of payment: EIP shall be paid to eligible employees beginning with the pay period immediately following the one in which the City Administrator has verified that all documentation for completed courses, certifications, or degrees meets required expectations and is supported by an approved application for EIP. This verification period shall not exceed 60 calendar days.

Following 60 calendar days after submission, if no challenge has been raised, the documentation will be accepted as complete and valid and the pay added beginning with the next available pay period.

ARTICLE 8:ARTICLE 7: RETIREMENT

7.18.1 Retirement Benefits for Sworn Safety Members.

This Section 7.1 8.1 (including subsections) applies to sworn safety members who are contributing members of the California Public Employees’ Retirement System (PERS).

A. Retirement Benefits for Sworn Safety Members Hired On or Before November 1, 2011 Employees hired on or before November 1, 2011, shall be eligible to receive the 3% @ 50 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean single highest year of compensation. Employees covered by this section shall pay 100% of the required member contribution, which is 9%. In addition, these employees shall pay a percentage of their compensation towards the employer’s contribution, as described in section 7.4 8.4 below.

B. Retirement Benefits for Sworn Safety Members Hired After November 1, 2011, but Before January 1, 2013, and Classic Members as Determined by CalPERS Employees hired after November 1, 2011, but before January 1, 2013, and for “classic” employees within the meaning of the Public Employees’ Pension Reform Act of 2013 (“PEPRA”) who are hired on or after January 1, 2013, shall be eligible to receive the 2% @ 50 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the pensionable compensation earned during the 3 consecutive years of service immediately preceding the member’s retirement or the highest average pensionable compensation earned during 3 consecutive years of service.

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Employees covered by this section shall pay 100% of the required member contribution, which is 9%. In addition, these employees shall pay a percentage of their compensation towards the employer’s contribution, as described in section 7.4

8.4 below.

C. Retirement Benefits for Sworn Safety Members Hired On or After January 1, 2013 Employees hired on or after January 1, 2013, shall be eligible to receive the 2.7% @ 57 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the pensionable compensation earned during the 3 consecutive years of service immediately preceding the member’s retirement. Employees covered by this section shall pay 100% of the required member contribution. In addition, these employees shall pay a percentage of their compensation towards the employer’s contribution, as described in section 7.4 8.4 below.

7.28.2 Retirement Benefits for Miscellaneous Members.

This Section 7.2 8.2 (including subsections) applies to miscellaneous members who are contributing members of PERS.

A. Retirement Benefits for Miscellaneous Members Hired On or Before November 1, 2011 Employees hired on or before November 1, 2011, shall be eligible to receive the 2% @ 55 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the highest average pensionable compensation earned during 3 consecutive years of service. Employees covered by this section shall pay 100% of the required member contribution, which is 7%. In addition, these employees shall pay a percentage of their compensation towards the employer’s contribution, as described in section 7.4

8.4 below.

B. Retirement Benefits for Miscellaneous Members Hired After November 1, 2011, but Before January 1, 2013, and Classic Members as Determined by CalPERS Employees hired after November 1, 2011, but before January 1, 2013, and for “classic” employees within the meaning of the Public Employees’ Pension Reform Act of 2013 (“PEPRA”) who are hired on or after January 1, 2013, shall be eligible to receive the 2% @ 60 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the highest average pensionable compensation earned during 3 consecutive years of service Employees covered by this section shall pay 100% of the required member contribution, which is 7%. In addition, these employees shall pay a percentage of their compensation towards the employer’s contribution, as described in section 7.4 8.4 below.
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Retirement Benefits for Miscellaneous Members Hired On or After January 1, 2013 Employees hired on or after January 1, 2013, shall be eligible to receive the 2% @ 62 retirement benefit formula. For purposes of determining a retirement benefit, final compensation for employees covered by this section shall mean the Attachment 3
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pensionable compensation earned during the 3 consecutive years of service immediately preceding the member’s retirement. Employees covered by this section shall pay 100% of the required member contribution, which is 50% of the normal cost established by PERS. In addition, these employees shall pay a percentage of their compensation towards the employer’s contribution, as described in section 7.48.4.

7.38.3 Retirement Cost Sharing.

The CITY shall pay the employer rate prescribed by the Public Employees’ Retirement System (PERS) in accordance with the rules and regulations governing such employer contributions.

Effective July 1, 2015, employees will pay a portion of the employer rate, as prescribed below.

A. Classic sworn Employees shall pay 100% of the required member contribution rate (9%), plus an additional 3.0% of pensionable compensation towards the employer’s contribution for a total of 12%.

Classic non-sworn employees shall pay 100% of the required member contribution rate (7%), plus an additional 3% of pensionable compensation towards the employer’s contribution for a total of 10%.

For the duration of this contract, classic members, as defined by CalPERS (MOU sections 7.18.1. A. & B. and sections 7.28.2. A. & B.), shall contribute no more than 12% (sworn) or 10% (non-sworn) of pensionable compensation towards retirement.

B. PEPRA employees shall pay 50% of the plan’s total normal cost, plus an additional 3% of pensionable compensation.

For In accordance with the side agreement reached by the parties (included as Appendix B to this Agreement), for the duration of this contract, Sworn PEPRA members, as defined by CalPERS (MOU sections 7.1 8.1 C. and sections 7.2 8.2 C.) shall pay no more than 1516% of pensionable compensation towards retirement, unless required by law (i.e., if 50% of the Normal Cost exceeds 1516%).

During the term of this agreement, the parties agree to work together further to take all steps reasonably required to address issues related to possible overpayment of cost-sharing amounts by PEPRA members and for the City to adopt and implement any required revisions or amendments to its contract with CalPERS and/or associated City resolutions to effectuate the previously agreed-to cost-sharing under this Article.

C. For the duration of this contract, the City shall not impose any increases to the member contribution for classic or PEPRA members beyond those provided herein unless the employer contribution is reduced by a commensurate rate or as otherwise negotiated by the parties.
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7.48.4 The CITY shall continue to maintain the following, contracted retirement options:

A. Single Highest Year (only for employees hired on or before November 1, 2011).

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B. Fourth level of 1959 Survivors Benefit ($2.00 per month cost to the employee).

1. The City and the Association agree to monitor the funding of this option.

When only two years of funding remain in this account the City and the Association agree to reopen negotiations on this issue to discuss future funding of this benefit.

C. The City agrees to permit members, if they choose, to purchase military service credit as public service to the extent permitted by PERS, solely at the members’ expense.

D. Pursuant to Resolution No. 96-116 qualified members shall have the option to elect the pre-tax payroll deduction plan for their service credit purchases (i.e., redeposit, service prior to membership, military service, etc.).

E. In accordance with Government Code Section 20965, upon retirement, members may elect to convert unused accumulated sick leave toward additional CaIPERS service credit.

ARTICLE 9:ARTICLE 8: DEFERRED COMPENSATION

8.19.1 The CITY offers employees the opportunity to participate in a deferred compensation plan on a voluntary basis through the payroll deduction plan.

Participation and contributions are regulated by the rules and regulations established by the Internal Revenue Service (IRS) for such plans (457 Plans). Nothing in this section shall prohibit or restrict this voluntary participation, in the plan(s) offered by the City.

8.2The 9.2 Except as provided below for sworn safety unit members, the CITY shall make monthly contributions on behalf of each non-safety andsafety unit member of the ASSOCIATION as follows:

PEPRA Employees $100/month
Classic Employees $ 25/month
The individual members of the ASSOCIATION shall specify the plan and investment option(s).

During the term of this Agreement, City contributions to deferred compensation shall be made solely in conjunction with the Reduced Staffing Pilot Program set forth in Article 5. This Article 9 shall not apply to sworn safety unit members during the term of this agreement.

8.39.3 In the event non-safety non-sworn members represented by another Association of employees with the City of Carmel-by-the-Sea receive additional CITY City paid monthly contributions for deferred compensation during the term of this agreement, non-safety non-sworn members of the ASSOCIATION Association shall receive a comparable increase in monthly compensation to his/her deferred compensation plan, effective on the first month following approval of this benefit by the City
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Council. In no event shall this additional compensation be deemed to be paid retroactively to the beginning date of this Agreementbeyond the effective date on which the non-Association non-sworn employees receive their increase.

ARTICLE 10:ARTICLE 9: UNIFORM ALLOWANCE

9.110.1 All members shall be entitled to the following uniform allowances:
• Safety members: $120.00 80 per/mo.
• Non-Safety members: $120.00 per/mo.

The uniform allowance shall be PERS-able for classic members, as defined above, only.

ARTICLE 11:ARTICLE 10: HOLIDAYS

10.1 11.1 The City observes the following holidays:

A. New Year’s Day — January 1
B. Martin Luther King Day — third Monday of January
C. Lincoln’s Birthday — February 12
D. Presidents’ Day — third Monday of February
E. Memorial Day — last Monday of May
F. Independence Day — July 4th
G. Labor Day — first Monday of September
H. Veteran’s Day — November 11th
Thanksgiving Day
J. The day after Thanksgiving
K. Christmas Eve — December 24th
L. Christmas Day — December 25th

10.2 11.2 In the event a holiday falls on a Saturday, Municipal Departments shall remain open on the preceding Friday, but employees shall be given either the preceding Friday or the following Monday, at the discretion of the Department Manager and City Administrator, as an in-lieu holiday. In the event a holiday falls on a Sunday it shall be observed on Monday.

ARTICLE 12:ARTICLE 11: HOLIDAY ACCRUAL

11.1 12.1 Members of the Association shall be paid straight time pay based on the number of hours in the employee’s regularly scheduled shift for each of the holidays listed in Article 10 of this agreement. Members will be paid during the same pay period in which the holiday falls.

11.2 12.2 If a holiday falls on a day on which a member is on a regularly scheduled day off, the member shall still receive holiday pay.

11.3 12.3 The Director of Public Safety may designate certain staff members as “nonessential” on any given holiday and may, in lieu of providing holiday pay, allow those staff members to be off.

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11.4 12.4 Subject to the advance approval of the Director of Public Safety, a member may elect to work a regularly scheduled holiday and take an alternate day off instead.

The alternate date should fall within the same pay period.

11.5 12.5 Holidays not used on the observed holiday will be paid.

ARTICLE 13:ARTICLE 12: GENERAL LEAVE

12.1 13.1 Each member shall receive one regularly scheduled shift day of general leave per year, regardless of the member’s hire date. General leave may only be used with the approval of the member’s supervisor. General leave may not be rolled over from one year to the next.

ARTICLE 14:ARTICLE 13: VACATION ACCRUAL

13.1 14.1 Members shall accrue vacation on a monthly basis beginning on the date of hire. With the exception of lateral hires, no vacation time may be taken until an employee has successfully completed twelve months of employment.

Members shall accrue vacation on the following schedule:
1 — 4 Years of Service 80 hours per year
5 — 10 Years of Service 120 hours per year
11 — 14 Years of Service 160 hours per year
15 years of service and over 176 hours per year
A. The maximum amount of vacation time that may be held in an unused status shall be the amount an employee is entitled to accrue in two (2) anniversary years. The department manager may grant exceptions with approval by the City Administrator. Once this accrual cap has been reached, employees will cease to accrue additional hours until such time as existing accrual balances are used.

B. Vacation Buy-Back Exception: In the event an employee achieves the maximum accrual cap in a pay period and is unable to take sufficient vacation hours to reduce his/her accrual bank below maximum, due to staffing constraints, the department manager may approve a vacation buyback of up to one month’s worth of accrual, payable at the employee’s hourly rate in the pay period in which the maximum cap is reached.

13.214.2. Vacation scheduling:

After their first twelve months of employment (except for lateral hires), all employees are expected to schedule a minimum of one full calendar week of vacation annually. Available dates will be open for selection based on seniority.

1. Scheduling restrictions. No more than one person in each classification/rank may be on vacation or other types of off duty hours at any given time.
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2. Sign up process. Vacation schedules shall be posted annually. Vacation sign up will occur during the month of January and be completed by January 31. Sign up shall be on the basis on Department seniority. Senior employees shall have first preference, unless exercise of such preference interferes with the service of the Department.

Vacations must be scheduled in minimum 40-hour blocks.

There will be two (2) separate rounds during which sign up will occur:
a. Round One. Everyone must sign up for a minimum of 40-hours of vacation.

The maximum number of days any person may schedule is limited to the number of total vacation hours that person anticipates accruing prior to the scheduled vacation date.
b. Round Two. A person may sign up for additional vacation hours if they have additional accrued hours still available
Sign up is not mandatory during round two.

Vacation accruals must be earned prior to use. Employees are not authorized to have a negative vacation accrual at any time.

For special circumstances or unforeseen situations, upon written request, the Public Safety Director may approve vacations that do not conform to this section.

The Public Safety Director retains the right to deny the vacation period requested by an employee, or require that an employee reschedule a scheduled vacation when the Public Safety Director determines that doing so is in the interests of the service of the Department, in which case the Department will work with the employee to schedule alternative dates for his/her vacation.

3. Holiday exclusion. Vacation time shall not be charged for any regular holidays occurring during the vacation period.

ARTICLE 15:ARTICLE 14: BEREAVEMENT LEAVE

14.1 15.1 Each member of the ASSOCIATION shall be entitled to twenty-four (24) hours of bereavement leave each fiscal year for serious illness, disability, or death in the employee’s immediate family.

14.2 15.2 Immediate family is defined as the employee’s spouse, child, step-child, parent, step-parent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brotherin-law, or any other person approved by the department manager. The department manager may require -11- the employee furnish satisfactory proof to substantiate the use of bereavement leave.

Bereavement leave shall not be subtracted from an employee’s sick leave account and shall not accrue from one fiscal year to the next.

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ARTICLE 16:ARTICLE 15: SICK LEAVE

15.1 16.1 Each member shall accrue eight hours of sick leave per month. Sick leave is to be used in accordance with the procedure(s) outlined below and in the Personnel Ordinance of the Municipal Code of the City of Carmel-by-the-Sea. Employees other than full-time employees (e.g., part-time, seasonal, and/ or temporary workers) shall accrue and be able to use sick leave consistent with the requirements of the Healthy Families Act of 2014 (California Government Code Sections 245-249.) These employees shall begin to accrue sick leave on the date of commencement of employment, and shall accrue one hour for every thirty (30) hours worked. Employees shall be eligible to use paid sick leave no sooner than ninety (90) days after commencement of employment Employees may use a maximum of three (3) days of paid sick leave in one calendar year, and may carry over up to six (6) days of paid sick leave from one calendar year to another. These employees shall be able to use paid sick leave for the same reasons for which full time employees shall be able to use paid sick leave.

15.2 16.2 Employees may use paid sick leave for any of the following purposes:

A. Diagnosis, care, or treatment of an existing health condition of the employee or his or her family member. For the purposes of paid sick leave, family member includes the unit member’s child, parent, spouse, domestic partner, parent-in-law, grandparent, grandchild, or sibling;
B. Preventative care for the unit member or the employee’s family member; and C. Other purposes authorized by Labor Code Section 246.5 (leave for victims of domestic violence, sexual assault, or stalking).

Sick leave shall be charged against an employee’s credit only for regular working days and shall not be charged for time absent on holidays or other authorized days off. Charges against an employee’s credit shall be rounded off to the lowest hour, for example:

Time off work Time charged
59 minutes or less 0
1 hour 1 hour
1 hour and any segment of the next hour 1 hour
D. Use of sick leave of 59 minutes or less, with written physician verification or other required certification, shall not be charged to an employee’s sick leave account. -12-
E. Use of sick leave of 59 minutes or less, without written physician verification or other required certification, shall be charged to employee’s sick leave account in 15 minute increments.

F. If an employee becomes sick on scheduled vacation time, the department manager may, with acceptable documentation, authorize the use of sick leave instead of vacation leave.

Employees who are away from work for three consecutive work days or more, or upon request by the Public Safety Director, may be required to provide a doctor’s release to work to ensure their sufficient recovery to perform their regularly scheduled duties. At the request of the employee’s Attachment 3
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supervisor, employee off work for less than three consecutive work days may be required to provide a doctor’s release prior to being allowed to return to work.

Employees terminating from City employment shall not receive any compensation for accumulated sick leave. However, as required by Labor Code Section 246(f)(2), if the employee returns to work for the City within one (1) year of separation, up to six (6) days of his or her previously accrued but unused paid sick leave hours shall be available for use.

15.3 16.3 Employees hired after 1 November 1984 shall be able to accumulate an unlimited number of sick leave hours. A maximum of six hundred (600) base hours will be the total amount on which the City will base reimbursement to the employee upon termination or resignation from employment. This provision does not apply to employees with less than five (5) years of continuous service who shall not be entitled to any compensation under this section.

A. Resignation from employment after five (5) years will result in reimbursement at 25% of 600 hours maximum, paid at the hourly rate at the time of resignation.

B. Retirement from CITY employment after five (5) years and with proof of submission of application for retirement from CalPERS will result in reimbursement at the rate of 50% of 600 hours maximum, paid at the hourly rate at the time of retirement.

C. Employees who are terminated for cause or misconduct are ineligible for sick leave pay-out.

15.4 16.4 Upon approval of the department manager, accrued sick leave may be used to accommodate the need for additional hours in the case of serious illness, disability, or death in the employee’s immediate family. Immediate family is defined as the employee’s spouse, child, stepchild, parent, stepparent, grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and brother-in-law, or any other person approved by the department manager. The department manager may require the employee furnish satisfactory proof to substantiate the use of sick leave for this purpose.

15.5 16.5 Pursuant to Government Code Section 20965 and the City’s CalPERS retirement contract, an employee may elect to use sick time available to him/her under the provision of the -13- contract for sick leave service credit. If an employee elects to use sick leave available for service credit, such time cannot also be applied to the “sell back” provision under this section.

ARTICLE 17:ARTICLE 16: CATASTROPHIC ILLNESS/SICK LEAVE HOURS

TRANSFER

16.1 17.1 General Requirements: To be eligible to receive leave under this policy, an employee must have either a catastrophic illness or incurred a major injury from an accident.

Eligibility for this policy shall be at the sole discretion of the City Administrator.

16.2 17.2 An employee who is determined to be eligible may request other employees transfer leave to that employee, to be used by the receiving employee as sick leave.

The employee requesting the transfer of sick leave hours must have reached zero balances in all of his or her own leave banks, including sick leave, vacation, compensatory time, and general leave.

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16.3 17.3 Generally, the illness or accident recovery period must be longer than three weeks for an employee to be eligible. The appointing authority will evaluate each request and may modify this time period based on the facts of the case.

16.4 17.4 An employee desiring to transfer hours to the eligible employee must maintain a minimum balance of 120 hours after the transfer has been deducted from the donor’s sick leave account.

16.5 17.5 To use this program, an employee must make a request to his or her Department Manager. The employee must state the reason for the request and the approximate number of hours he or she believes will be needed.

16.6 17.6 The Department Manager will forward the employee’s request to the Human Resources Office.

16.7 17.7 The Human Resources Office WILL:

A. Present the request to the City Administrator for authorization and determination of the validity of the request.

B. Disseminate notices to Municipal Departments stating an employee is in need of sick leave hours and request interested donor employees to contact the Human Resources Office.

C. Maintain the confidentiality of the employee(s) who donates sick leave hours to the employee in need.

D. Notify the Financial Assistant to make the transfer of sick leave hours when the transfer is approved.

16.8 17.8 The City Administrator WILL:

A. Review requests for participation in the program.
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B. Authorize or deny the transfer of sick leave hours pursuant to the request.

ARTICLE 18:ARTICLE 17: PHYSICAL EXAMINATIONS

17.1 18.1 Each employee under the age of forty-five (45) shall be entitled to a physical examination every other year during the term of the contract, subject to the financial guidelines stated in this section Employees in this category who had a City paid physical in the fiscal year just prior to the fiscal year of this contract shall not be entitled to a City paid physical during the period of this contract.

17.2 18.2 Employees who turn forty-five (45) years of age during the term of this contract shall be entitled to one City paid physical per year after attaining that age and subject to the financial guidelines stated in this section.

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17.3 18.3 Employees who turn forty-five (45) years of age or older shall be entitled to one City paid physical examination per fiscal year, subject to the financial guidelines stated in this section.

17.4 18.4 The City shall pay up to two hundred and twenty-five dollars ($225.00) for the physical examination and accompanying tests. Any expense in excess of this amount shall be borne by the employee.

17.5 18.5 A licensed physician of the employee’s choice may perform physical examinations. The physician shall complete a Physician Evaluation Report Form. Payment shall be made upon receipt by the Human Resources Office of the form and a statement of all charges, within ninety (90) days from date-of-service.

17.6 18.6 During the term of the Agreement, the City agrees to meet with representatives of the POA, as well as all other unions and associations, to discuss a City-wide wellness program.

ARTICLE 19:ARTICLE 18: WORK SCHEDULES, OVERTIME COMPENSATION AND

COMPENSATORY TIME

18.1 19.1 Work schedule.

The Public Safety Director shall maintain sole discretion to determine the work schedule that best addresses the needs of Department operations.

Schedules will generally be assigned based on the position or assignment held by employees using one of the following:

A. Regularly scheduled 5-8 (the 5/40 schedule)
Regularly scheduled eight (8) hours per day and five (5) days per work week.

B. Regularly scheduled 4-10 (the 4/10 schedule)
Regularly scheduled ten (10) hours per day and four (4) days per work week. -15-
C. Regularly scheduled 12 (the 3/12 schedule)
Regularly scheduled six (6) twelve (12) hours day and one (1) eight (8) hour day to total 80 hours in a two (2) week work cycle.

The Public Safety Director retains the right to change the details of the above-listed schedules (e.g., days worked, hours worked) upon providing the Association 30 days’ prior written notice of such proposed changes and, upon request of the Association, meeting with the Association to discuss the proposed changes.

The Public Safety Director retains the right to assign employees to other shift schedules than those listed above, to change an employee’s schedule due to short-term staffing needs, and to change the schedule to which an employee is assigned as determined necessary by or appropriate by the Public Safety Director.

18.2 19.2 Extended work shifts.

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Notwithstanding the discretion of the Public Safety Director regarding scheduling, an officer will not be required to work a night shift contiguous with a day shift during the same week.

If an employee is required of work more than two (2) hours beyond the end of the normal shift, he/she will be given an additional 30-minute unpaid meal break.

18.3 19.3 The parties believe that the pay practices carried out pursuant to this Agreement are fully compliant with the Fair Labor Standards Act (FLSA).

18.3.1 19.3.1 Work Periods — Sworn Employees (Police Officers, Police Corporals, Police Sergeants) Employees in sworn classifications are assigned to a 14-day work period under section 207(k) of the Fair Labor Standards Act. Under this 7(k) exemption, non-exempt peace officers are eligible for FLSA overtime only for hours actually worked in excess of 86 hours in a 14-day work period. Vacation, sick leave, and other time off does not constitute hours actually worked for purposes of calculating FLSA overtime.

18.3.2 19.3.2 Work Periods — Non-Sworn Employees (Community Services Officer, Police Services Officer) Employees in non-exempt non-sworn positions are scheduled according to a 7-day work period and are only entitled to FLSA overtime when they actually work in excess of 40 hours in a 7-day period. Vacation, sick leave, and other time off does not constitute hours actually worked for purposes of calculating FLSA overtime. The work period for non-sworn employees assigned to a 3/12 schedule starts as follows:

Shift Day Time
A Shift — Days Saturday 1500 hours
A Shift —
Nights Sunday 0300 hours
B Shift — Days Saturday 1100 hours
B Shift —
Nights Saturday 2300 hours
Relief Shift Friday 1500 hours
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The Public Safety Director will maintain records of the start and end times of work periods for all employees.

18.4 19.4 MOU Overtime.

In addition to FLSA overtime, the City shall provide non-exempt employees MOU overtime which shall be paid at time and one-half for all daily work performed over an employee’s normal eight (8), ten (10), or twelve (12) hour work shift. Paid time off shall be counted as time worked for the purposes of calculation of MOU overtime.

18.5 19.5 Employees entitled to overtime compensation may, in-lieu of monetary compensation for statutory overtime, choose to take compensatory time off at a rate of not less than one and one-half hours for each hour of overtime worked. Compensatory time shall only be granted upon approval of the Department Manager.

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18.6 19.6 Accrued compensatory time must be permitted to be used within a “reasonable period” of time as long as it does not “unduly disrupt” the operations of the agency. (Per FLSA guidelines).

18.7 19.7 Members may accrue up to 120 hours of compensatory time (equivalent to 80 hours at time and one-half). In the first pay period of June and December of each year, members may cash out any accrued compensatory time beyond 80 hours. Any cash out may not result in a compensatory time bank of fewer than 80 hours.

Any unused balance of earned compensatory time in an employee’s Comp Bank is subject to payment at time of termination at the employee’s current regular rate of pay.

18.8 19.8 At any time the City may elect to pay down compensatory time balances all or in part.

ARTICLE 20:ARTICLE 19: PREMIUM PAY AND SHIFT DIFFERENTIALS

19.1 Call-In/20.1 Call-Back Pay: In situations where an employee has officially clocked out at the completion of his or her workday and is subsequently called back to work during a nonscheduled period of time, the employee shall be granted a minimum of two (2) hours overtime. Call Back also applies when an employee is called in prior to the start of a scheduled shift for the same day, ultimately clocks out, and then later that same work day clocks back in to begin the normally scheduled shift.

If the Call-Back time is contiguous with a regularly scheduled work shift, the employee will be paid OT for the exact amount of time actually worked with no minimum Call-Back compensation.

19.2 20.2 Call In Pay:

In situations where the employee is called into work on a work day that was not originally scheduled prior to the time called in, the employee will be granted a minimum of four (4) hours of Overtime.
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19.3 20.3 Court Time and Standby On-Call Pay:

A. Any member who is required to appear in court on off-duty time will receive a minimum of four (4) hours of OT pay for each day a member is required to appear in court. Such time is contiguous with the beginning or end of the employee’s regular work period, a one (1) hour OT minimum will be paid. The four (4) hours or one (1) hour payment will be the minimum a member shall receive, per day, for a required court appearance while the member is off duty. If the court appearance exceeds four (4) or one (1) hours, the member shall receive overtime for the duration of the appearance.

B. Any member who has received a subpoena and is placed on “on-call” status for a court appearance and is not actually required to appear in court on that day, shall receive four (4) hours of pay at the member’s regular rate During the period of “oncall” time, the employee shall be available at a specific phone and available to appear in the appropriate court within one hour.

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C. In no case will there be double compensation for overlapping court hours due to multiple court appearances.

D. Unless the employee uses a company vehicle for the appearance, the employee shall be reimbursed for the round trip mileage of either 1) the mileage between the Police Station and the location to which the employee is subpoenaed if the employee is reporting to court from the Police Station; or 2) the actual mileage the employee travels round trip between the employee’s home and the subpoenaed location, less the employee’s normal commuting distance.

E. No employee shall be paid under this provision and for other compensable duty time simultaneously.

19.4 Matron Pay: From time to time the Department requires the assistance of a female officer as it carries out processing and transport of females. In these circumstances, sworn female officers will be given first consideration for duty assignment. If there is no sworn female officer available, non-safety female officers will be called to serve in the Matron role.

When a member performs Matron duties during an assigned shift and the transport is local, she shall be compensated an additional $50. If the transport is not local, she shall be compensated an additional $150.

If the member performs Matron duties while not on an assigned shift, she shall be compensated in the amounts of $50 or $150, pursuant to the above, in addition to the call-back/call-in compensation to which she is entitled pursuant to Sections 19.1 and 19.2 of this MOU.

19.5 Acting Watch Commander Pay: Effective September 1, 2006, the City will provide premium pay in the Police Department when the following conditions are met:

A. Patrol Officer is assigned responsibilities as a Watch Commander for at least one full shift.
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1. A Patrol Officer will not be deemed to be working as a Watch Commander if the Chief of Police, Police Sergeant, or Corporal is on duty OR if the Patrol Officer is receiving Special Assignment Pay as a Detective.

B. When the above listed conditions are met the premium pay shall be computed as follows:

1. Five percent (5%) premium pay for one-full shift served as Watch Commander.

C. No additional pay shall be paid if performing the functions, as described above, for less than one full shift.

19.6 20.4 Community Services Officers working as Police Services Officers: When assigned to work as a Police Services Officer, Community Services Officers shall receive the hourly rate of pay for that classification, at their comparable step, for each hour assigned.

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19.7 20.5 Shift Differentials (Non-Sworn Only).

A. The night shift period is defined as the hours from 7:00 p.m., to 7:00 a.m.

Employees who are assigned to work at least eight (8) hours during the night shift period and who actually work at least eight (8) hours during the night shift period for all assigned shifts over thirty (30) calendar days, including paid time off, will receive a monthly shift differential. This applies to all shift schedules whether 8, 10, or 12 hours per day.

Compensation for the shift premium will be the monthly amount of $350 for safety members, and $250 for non-safety members.

19.8 20.6 Bilingual Pay: Any member who has demonstrated that he or she is proficient in speaking, understanding, and reading Spanish, as determined by the Public Safety Director, shall be compensated in the amount of $240 per month.

19.9 20.7 Special Assignment Pay (SAP):

A. SAP General Criteria:

1. Special Assignment Pay is to be of a determinate duration, with the Public Safety Director or his designee retaining sole discretion to determine when such assignment shall terminate and who shall be assigned.

2. Rights to Administrative Appeal: For purposes of determining rights to an administrative appeal as provided for by Government Code 3304(b), the employee’s first day of performing duties in a special assignment shall be considered the employee’s “anniversary date” in such assignment. -19-

3. Anniversary Date: The definition of “anniversary date” set forth within this section shall not apply to any other terms and conditions of employment which are based upon an employee’s anniversary date, and the application(s) of “anniversary” dates in said other contexts shall not be altered by virtue of this specialized assignment provision.

4. Removal from SAP:
a. If an individual is removed from a special assignment during the initial or any successive twelve (12) consecutive month period of time from the anniversary date of appointment, then a Government Code 3304(b) administrative appeal will be provided.
b. However, if the individual is noticed 30 days or more in advance of his/her special assignment anniversary date, removal from the special assignment will be effective at the conclusion of the last shift in an initial twelve (12) consecutive month period of assignment or any subsequent twelve (12) consecutive period of assignment from the anniversary date of assignment, in which case the individual shall receive no administrative appeal right of any Attachment 3
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type. Each individual, including incumbents, shall sign a waiver so agreeing.

B. Detective: Five percent (5%) of base salary when assigned as “Detective” by the Director of Public safety. The Detective special assignment pay does not apply to temporary assignments that may be made to Investigations from time to time.

Detective must agree to maintain 24/7 capabilities from contact with the police department via a pager or cell phone and agree to return calls/pages within 10 minutes from time of call.

C. Animal Control: Five percent (5%) of base salary for Community Services Officer who is designated as the Animal Control Officer for City of Carmel-by-the-Sea.

D. Motor Officer: Officers assigned to motorcycle duty will be required to successfully complete all identified training prior to assignment.

A monthly SAP allowance of $240 shall be paid to officers assigned by management to motorcycle duty. In addition if needed, each Motor Officer responsible for the routine maintenance and care of his/her assigned vehicle will be authorized up to 1 hour overtime each week separate from assigned work shifts to provide said maintenance and care. -20-
E. PRVNT (Peninsula Regional Violence and Narcotics Team): The City has chosen to be an active participant of PRVNT. As such there is a minimum of one special assignment position that will be provided the specialized training necessary to represent the City as a participant so long as the City remains active in the program.

The PRVNT member must agree to maintain 24/7 capabilities for contact with the Police Department via a pager or cell phone and agree to return calls/pages within 10 minutes from time of call. Assignment may be within or outside the City of Carmel-by-the-Sea.

Employees assigned to represent the City on the PRVNT will receive a monthly SAP allowance of $350 during the specific time assigned to act as the City's representative.

F. SWAT (Special Weapons and Tactics): Members assigned to the Peninsula Regional Special Response Unit will receive a monthly SAP allowance of $100 while assigned to SWAT, which the member agrees will compensate him or her for being available 24/7 for a call out, and maintaining the capability to respond to calls within ten (10) minutes from the time of the call. The assignment may be within or outside of the City limits.

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G. Hostage Negotiations: Members assigned to the Regional Hostage Negotiations Team will receive a monthly SAP allowance of $100 while assigned to the HNT, which the member agrees will compensate him or her for being available 24/7 for a call out, and maintaining the capability to respond to calls within ten (10) minutes from the time of the call. The assignment may be within or outside of the City limits.

D. H.Evidence Custodian: The Member designated as Evidence Custodian will receive a monthly SAP allowance of $100 while assigned as the Evidence Custodian The duties of the Evidence Custodian will include receiving and processing evidence, maintaining accurate property, completing audits, regular purging of evidence as defined in the Department’s policies and procedures, and other duties as assigned by the Public Safety Director.

I. Field Training Officer: Effective the first full pay period following ratification of this agreement by the POA or July 1, 2019, whichever is later, a Police Officer who is designated in writing by the Public Safety Director as a Field Training Officer (FTO) shall receive additional compensation in the amount of five percent (5%) of the FTO's base pay for any pay period in which the designated Field Training Officer is providing training during a new officer's initial training phase.

19.10 Training Travel Time. Travel time will be compensated consistent with the requirements of the FLSA. Travel to mandated training (e.g., POST or Department required -21- training), is not credited toward overtime except to the extent it necessarily occurs during scheduled work time.

ARTICLE 20: LONGEVITY MERIT PAY

20.1 Association members are eligible for a one-time 6th STEP in each classification, threepercent (3%) longevity/merit increase. To qualify for the benefit, eligible employees MUST:

A. Have completed ten (10) continuous years of service with the City of Carmel-by-the-Sea; and
B. Have received a Satisfactory or higher performance rating on the employee's two (2) most recent performance reviews.

ARTICLE 21:ARTICLE 21: INSURANCE PROGRAMS

21.1 The City offers a variety of insurance protection programs for the employee and dependents. Some protection is provided through fully insured instruments. Other protection is provided through a City self-funded program. Other protection is employee funded.

21.2 For the purpose of this section the following definitions and groupings of coverage shall exist:

A. Non-Elective (Core): Mandatory coverages (Employer Paid)

1. The mandatory contribution required by CalPERS for each employee enrolled in the medical protection program in the non-elective City Attachment 3
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contribution/premium toward the medical program. During the term of the MOU, the non-elective City contribution is as described in Article 21.3.

2. Employee/Dependent dental premium, established by the City’s broker of record for the self-insured dental plan, depending on the level of coverage chosen.

3. Collective employee/dependent vision premium established by the City’s broker of record for the self-insured vision plan.

4. Basic $30,000 life insurance premium (available only to full-time employees).

5. Accidental Death and Dismemberment Policy (available only to full-time employees).

B. Elective (non-core) coverages, available for purchase with flexible spending monies given each eligible employee:
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1. Employee and/or dependent medical coverage in the CalPERS Program less the mandatory per month required employer payment.

2. Optional (Supplemental) Life Insurance (if available).

3. I.R.C. Section 125 — Flexible Spending Account.

4. I.R.C. Section 125 — Dependent Care.

C. Opting Out (Medical Program Only: Full-time and benefited regular parttime employees may elect not to participate in the CalPERS medical plan.

Anyone opting out shall only be eligible to take cash in the amount of $291 (or the current City authorized amount if higher) per month, providing they meet the following condition(s):

1. They shall submit proof of legally compliant coverage elsewhere.

2. They shall sign a medical plan waiver.

3. Married employees shall be required to obtain the signature of their spouses on the medical plan waiver form.

4. Employees under legal order to provide medical coverage for any dependents shall only be permitted to opt out after showing proof of coverage for each dependent identified in such legal order.

D. Section 125 Plan: The City’s insurance plan is structured within this taxdeferred program. This is an Internal Revenue Code permitted plan. A third party administrator provides administration of the plan. The City pays administrative fees.

21.3 Medical Insurance Contributions:

Attachment 3
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A. CITY will contribute a monthly contribution on behalf of employees and dependents enrolled in the City sponsored PEMHCA plan.

B. The City shall contribute toward employee medical premiums in an amount not to exceed eighty percent (80%) of CalPERS CHOICE until such time as Association members are enrolled with Peace Officers Research Association of California (PORAC).

C. Upon enrollment in PORAC insurance program, the City contribution shall not exceed eighty percent (80%) premium for employees and dependents enrolled in PORAC plan.

D. Eighty percent computation includes the non-elective, mandatory CalPERS premium.
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ARTICLE 22:ARTICLE 22: OTHER BENEFITS

22.1 Jury Duty.

A. The CITY provides time off with no loss of salary for employees who must fulfill jury duty obligations. Employees shall be entitled to keep the mileage reimbursement for such service. Any per diem amount received by the employee shall be signed over to the CITY.

22.2 Employee Payroll Deductions.

A. The CITY, upon authorization from any employee, shall make direct deposit(s) to the financial institution of the employee’s choice providing the CITY has the compatible technology to do so Employee funded insurance programs and deductions for deferred compensation programs shall be paid through payroll withholding.

22.3 Police Uniform Purchase — Initial.

A. The CITY shall furnish safety equipment for all Police Department members as required by the Director of Public Safety.

B. The CITY shall furnish the following initial uniform for all Police Department employees represented by the ASSOCIATION.

1. Police Officer:
• 2 pair wool pants
• 2 name tags
• 1 long sleeve wool shirt
• 3 blend shirts (long/short sleeve)
• 1 night jacket
• 1 police cap
• 2 regulation neckties
• 10 shoulder patches
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• 1 pair shoes
• 1 dress belt
• 1 Class “A” jacket (Admin. Only)
• 2 tie clips

2. Non-sworn member:
• 2 pair pants
• 2 name tags
• 2 long sleeve shirts
• 2 short sleeve shirts
• 1 sweater
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• 1 night jacket
• 1 police cap
• 2 regulation neckties
• 10 shoulder patches
• 1 pair shoes
• 1 dress belt
• 2 tie clips

22.4 Tuition Reimbursement Plan:

A. The CITY will reimburse any member of the Association, who has completed his/her original-hire probationary period, an amount not to exceed a total of $1,500 for a single fiscal year for the successful completion of any job related courses at the college level. This program covers courses taken at or sponsored by accredited colleges or universities only. Any such courses must have the approval of the Director of Public Safety and Human Resources Manager prior to beginning the course.

Failure to complete the approval process may result in denial of tuition reimbursement.

B. Reimbursement will be made for books and tuition upon presentation of proof of successful completion of approved courses. These courses are for the benefit of the employee, the City and the Police Department.

C. The employee shall take all such courses during off-duty hours.

D. Process for Applying for Coursework Approval:

1. Forms: Requests for reimbursements of tuition shall be made on forms provided by the City. Information required shall include the college or university at which the course is to be taken, the catalog number of the course, title of the course, number of semester hours and the estimated cost for tuition and books.

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2. A brief statement of how the course(s) will be applicable to the work of the employee and/or benefit to the performance of the employee’s duties with the City shall be included.

3. Payment: Upon successful completion of the course(s), it will be the responsibility of the employee to provide proof of satisfactory completion of the course(s) and receipts for tuition, books, and other related costs. Process timing requirements are those identified in section 6.6 of this MOU.
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22.5 Wellness Reimbursement.

The City will provide any employee in the unit with a reimbursement of up to $25/month to defray costs of a membership to a licensed gym/health club/fitness facility of the employee’s choosing.

This reimbursement will be provided on a semi-annual basis in arrears (July and January).

In order for employees to be reimbursed, they must provide evidence of payment for such membership in the form of cancelled checks, a credit card statement, or other payment verification deemed acceptable by the Finance Manager which provides verification the membership payment over a six-month period.

Requests for reimbursements must be received by the City no later than the end of the month following the reimbursement period (e.g., requests for reimbursements for the period JulyDecember must be received by the City on or before January 31st ; requests for reimbursements for
the period January — June must be received by the City on or before July 31st ) in order to receive
payment.

22.6 Layoff Policy: Per Resolution 92-90, the policies and procedures for the layoff of City employees shall apply to members of the ASSOCIATION covered under this MOU.

ARTICLE 23:ARTICLE 23: IMPASSE RESOLUTION

23.1 Impasse Defined.

A. “Impasse” means that the representatives of the CITY and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.

23.2 Initiation of Impasse Procedures.

If the meet and confer process has reached impasse as defined in “A” above, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. The City Administrator shall then schedule an impasse meeting promptly.

The purpose of such meeting shall be:

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A. To allow the parties to review each other’s position in a final effort to reach agreement on a Memorandum of Understanding; and
B. To discuss arrangements for the utilization of the impasse procedures if the impasse is not resolved.
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23.3 Mediation
A. The parties agree that if the impasse is not resolved the dispute shall be submitted to a mediator from the California State Mediation and Conciliation Service. Costs for mediation services, if any, shall be borne equally by the City and the Employee Association.

B. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

ARTICLE 24:ARTICLE 24: SHIFT SCHEDULING

24.1 The Patrol and Police Services Units of the Carmel-by-the-Sea Police Department shall maintain a rotational watch program. Members of these units will select their watch by seniority subject to administrative approval. The program shall include the following provisions:

A. Shift rotation will occur each six months during the months of July and January.

B. Vacancies on a particular watch shall be made known to all personnel and will be filled by seniority subject to administrative approval.

C. Shift change will be determined on a six (6) month rotation with a two (2) consecutive shift maximum. Officers having served two (2) consecutive shifts must select a different shift.

D. To insure balanced training and experience of all officers, the Police Chief may direct any individual to serve one rotation on a specific shift, regardless of seniority.

E. Any required work day of fewer than 12 hours, that is part of the Member’s regular schedule, will be scheduled at the beginning or end of the Member’s regular work week.

ARTICLE 25:ARTICLE 25: WORKERS COMPENSATION SALARY CONTINUATION

25.1 Whenever any full-time, miscellaneous (Non-Safety) employee as defined by the Public Employees’ Retirement System (PERS), is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his/her duties, he/she shall become entitled, Attachment 3
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regardless of his/her period of service with the City, to leave of absence while so disabled without loss of salary in lieu of temporary disability payments or maintenance allowance payments, for the period of the disability, but not exceeding six months, or until such earlier date as he/she returns to duty or is retired on permanent disability pension in accordance with the rules/regulations governing such retirement.

25.2 If the period of disability extends beyond the six -month period, full salary continuation shall be discontinued and the employee shall be entitled to legal allowances provided -27- under Workers’ Compensation Laws of the State of California which may be integrated with any other compensation to which the employee may be entitled, i.e., Long Term Disability coverage.

25.3 Benefits: During the six months or less period of disability, the employee who suffers such injury/illness arising out of and in the course of his/her duties shall continue entitlement to all benefits as would have been afforded that employee had he/she not have suffered such injury/illness.

ARTICLE 26:ARTICLE 26: MANAGEMENT RIGHTS

26.1 It is understood and agreed that the CITY retains all of its powers and authority to manage municipal services and the work force performing those services.

26.2 It is agreed that during the term of this contract the CITY shall not be required to meet and confer on matters which are solely a function of management, including the right to:

A. Determine and modify the organization of City government and its constituent work units.

B. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.

C. Determine the methods, means, and the numbers and kinds of personnel by which services are to be provided.

D. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.

E. Establish employee performance standards and to require compliance therewith.

F. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law including the current Personnel Ordinance.

G. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.

H. Implement rules, regulations, and directives consistent with all applicable laws and the specific provisions of the Memorandum of Understanding.

Take all necessary actions to not be subject to the grievance procedure unless specifically authorized by the Personnel Ordinance or other applicable law.

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ARTICLE 27:ARTICLE 27: SEPARABILITY

27.1 If a court of competent jurisdiction finally determines that any provision of the Memorandum of Understanding is invalid and unenforceable, such provision shall be separable, and the remaining provisions of the Memorandum of Understanding shall remain in full force and effect.

ARTICLE 28:ARTICLE 28: SIGNATURES
This Memorandum of Understanding sets forth the full and complete understanding between the parties hereto. Any items from previous agreements not addressed in this agreement are carried forward.

For the City of Carmel-by-the-Sea:

Signature: Title: Date:

For the Carmel-by-the-Sea Police Officers Association:

Signature: Title: Date:

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Carmel Police officers Association — Salary Table
[Insert new wage schedule]
ARTICLE 8: SIGNATURES
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Attachment 3
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This Memorandum of Under Landing sets forth the full and complete understanding between the panics hereto. Any items front previous agreements not addressed in this agreement are carried forward.

For the Carmel-by-the-Sea Police Officers Association
P.O. Box 600
SE Junipero Avenue 8 4th Avenue
Cannel, California 93921
Business: (831) 624-6403
Fax: (831) 624-4296
E-Mail: [email protected] eau*

SIDELETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE CITY OF CARMEL BY-THE-SEA
AND

CARMEL BY THE SEA POLICE OFFICERS ASSOCIATION
The parties agree as follows:

Benefits - Article 21- Dental - Vision -Life Instance- Lone Term Disability Insurance The City will maintain the totting dental, vision, life insurance and long-term disability plans as provided for in Article 22. The City is currently waiting with the City's insurance broker to provide alternatives to the existing plans. Within 90 days of receipt of the information Irons the City's insurance broker, the parties agree to meet and confer to discuss changes to the existing plans which may include a combination of City paid benefits and options for employees to purchase upgraded coverage. At that time, the City will revise Article 22 to incorporate the appropriate language.

Itarmithriptgaege
The parties will meet and confer within thirty (30) days of notice from the City to discuss moving from Attachment 3
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the current semi-monthly payroll period to a Pk-weekly payroll period.

LA #4890-6308-4590 v1
Stuart
DOA Attorney
Georgia Cothran
Chief Negotiator
Date Date
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
September 13, 2022

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-085 ratifying appointments to the Forest and Beach Commission and the Historic Resources Board
RECOMMENDATION:

Adopt Resolution 2022-085 ratifying appointments to the Forest and Beach Commission and the Historic Resources Board.

BACKGROUND/SUMMARY:

Background
City Boards and Commissions perform a valuable service to the City by providing means by which the City Council can obtain advice, opinions, and recommendations of City residents and other members of the community. Currently, there are (2) vacancies on the Forest and Beach Commission, and two (2) vacancies on the Historic Resources Board that need to be filled:

The Forest and Beach Commission had a member whose term expired on May 30, 2022 and they did not re-apply leaving a vacancy for a full 4-year term. Another Commissioner with a term ending on October 30, 2022 resigned on June 21, 2022, leaving an unscheduled vacancy.

The Historic Resources Board had one member who resigned, with a term ending in less than year, leaving an unscheduled vacancy. Another member of the Board moved out of Carmel-by-the-Sea City Limits/sphere of influence (and therefore resigned) leaving an unscheduled vacancy.

Community Outreach during the recruitment period
The Pine Cone published the recruitment on August 12 and 19th The City's website has a dedicated page regarding the recruitment and application to Commissions Publication in the City Administrator’s Friday Letter
Announcements during the Friday Vlogs
Commission staff notified current members of Boards and Commissions All applicants who applied by the deadline were interviewed Recommendation
Mayor Potter and Mayor Pro Tem Richards comprised the Ad Hoc Committee and interviewed all of the applicants who applied by the deadline on August 29, 2022. The following individuals have been identified as qualified Commissioner/Board Members and are being recommended for appointment effective September 14, 2022:

Forest and Beach Commission for a 4-year term ending May 30, 2026:
1) Tamara Michie
2) Kelly Brezoczky
Historic Resources Board for a 4-year term ending May 30, 2026:
1) Esther Goodhue
The Ad Hoc Committee will make a recommendation for appointment to the second vacancy on the Historic Resources Board at a later date.

FISCAL IMPACT:

None for this item.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2022-085 Ratify Appointments to FB and HRC Attachment 2) Applications - Forest and Beach Commission and Historic Resources Board

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-085

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

RATIFYING APPOINTMENTS TO THE FOREST AND BEACH COMMISSION AND THE

HISTORIC RESOURCES BOARD
WHEREAS, City Boards and Commission perform a valuable service to the City by providing means by which the City Council can obtain advice, opinions, and recommendations of City residents and other members of the community; and WHEREAS, four (4) vacancies exit on City Boards and Commissions, and there is a need to appoint members to these vacant positions for full terms; and WHEREAS, the Mayor and Mayor Pro Tempore comprised the Ad Hoc Committee and interviewed the applicants for the Board and Commission vacancies; and WHEREAS, the applicants demonstrated a strong commitment to service and a desire to serve the Carmel-by-the-Sea community; and
WHEREAS, the Ad Hoc Committee is appreciative of all community members who filled out an application and participated in the interview process.

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

Appoint the following individuals to serve on the following City Boards and Commissions effective September 14, 2022:

Forest and Beach Commission for a 4-year term ending May 30, 2026:
1) Tamara Michie
2) Kelly Brezoczky
Historic Resources Board for a 4-year term ending May 30, 2026:
1) Esther Goodhue

NOW THEREFORE, BUT IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA, defer the appointment for the second vacancy on the Historic Resources Board to a later date.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 13th day of September, 2022, by the following vote:

AYES:

Attachment 1
Resolution No. 2022-085