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Agenda packet

Carmel-by-the-Sea City Council
December 6, 2022

Document
Agenda packet
Meeting
December 6, 2022
Body
Carmel-by-the-Sea City Council
Pages
9
Original file
26.8 MB
Text extracted from the city's file for reading and search. Open the original on carmelbytheseaca.api.civicclerk.com. That file is the official record.

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, December 6, 2022
4:30 PM
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/87391931241 Meeting ID: 873 9193 1241 Passcode: 129890 Dial in: (253) 215-8782
The COVID-19 Community Level for Monterey County as of the date of this agenda posting on December 1, 2022, is LOW. Per Urgency Ordinance 2022-006, wearing a face mask to attend a meeting of a legislative body inside a City facility is optional when the community level is low. Seating will be limited and available on a first come first served basis.

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Statement of Support for the Guard and Reserve

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. Council Member 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. October 27, 2022, Special Meeting Minutes, November 1, 2022, Regular Meeting Minutes, and November 9, 2022, Special Meeting Minutes

2. October 2022 Check Register Summary

3. October 2022 Monthly Reports

4. Resolution 2022-100, Proclaiming the Continuing Need To Meet By Teleconference Pursuant To Government Code Section 54953 (e)

5. Resolution 2022-101, Authorizing the City Administrator to execute a Professional Services Agreement with Bureau Veritas North America, for Facilities Condition Assessments of four City buildings, for a not-to exceed fee of $56,518

6. Resolution 2022-102, Authorizing the City Administrator to execute a Professional Services Agreement with FE Technologies for RFID and Self-Service Technology Systems and Software

7. Adopt Resolution 2022-103, Authorizing and approving pay rates and ranges (salary schedules) for the following: 1) Pay Schedule for At-Will (Unrepresented) classifications, 2) Pay Schedule for Management Employees Unit (affiliated unit of LiUNA) classifications; 3) Pay Schedule for General Employees Unit (affiliated unit of LiUNA) classifications

8. Resolution 2022-104, Authorizing a refund of Design Study (DS 22-140) and Lot Merger (LM 22-141) application fees of $4,653.75 to Eric Miller

9. Second Reading and Adoption of Ordinance 2022-004 amending Carmel Municipal Code (CMC) Title 15 (Buildings and Construction) by adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments

10. Second Reading and Adoption of Ordinance 2022-005 Amending Section

2.74.010(B) of the Carmel-by-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board

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

11. Resolution 2022-105, Accepting donations from Carmel Cares, an official City Support Group, and approving a Budget Amendment to the Fiscal Year 2022/23 Adopted Budget

12. Resolution 2022-106, Authorizing the City Administrator to execute a Professional Services Agreement with Wald, Ruhnke & Dost Architects, for preparation of a Functional Program Report and Schematic Design for the expanded scope of the Police Building Renovation Project

13. Resolution 2022-107, Establishing the meeting dates of the City Council for calendar year 2023

14. Consider requests and recommendations from the Steering Committee regarding the Design Traditions 1.5 Project

PUBLIC HEARINGS

15. Consider Ordinance No. 2022-007 (first reading) amending Carmel Municipal Code (CMC) Sections 17.14.040, 17.28.010, and 17.70.020, to prohibit timeshare and fractional interest uses, as well as advertising and sale thereof, in a manner fully in conformity with the California Coastal Act (CA Section 30510) - Recommended for Continuance to January 2023

16. Consider Resolution 2022-108, Approving the Historic Context Statement Update for the 1966-1986 time period

17. Consideration of a Mills Act Contract Application, MA 21-238 (L’Auberge Carmel Hotel), submitted by Mr. David Fink on behalf of Esperanza Carmel Commercial, LLC for the L’Auberge Carmel Hotel located on Monte Verde Street 2 northeast of 7th Avenue in the Residential and Limited Commercial (RC) Zoning District - Applicant request for continuance to a date uncertain

FUTURE AGENDA ITEMS

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

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

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Statement of Support for the Guard and Reserve RECOMMENDATION:

Receive a Letter from the Employer Support of the Guard and Reserve and read aloud a Statement of Support for the Guard and Reserve for the City of Carmel-by-the-Sea.

BACKGROUND/SUMMARY:

Facility Maintenance Specialist Leonardo Hernandez has been honorably serving his Country in the National Guard since August 2019.

On October 14, 2022, the Employer Support of the Guard and Reserve (ESGR), a Department of Defense agency, sent a letter to the City of Carmel, as Mr. Hernandez’s employer, recognizing the City as a “Patriotic Employer” for accommodating our citizen solder to serve in our national defense. See Attachment #1.

Attachment #2 is a Statement of Support for the Guard and Reserve that is suggested to be signed and read aloud by the Mayor at the December 6, 2022 City Council meeting. Similar to a proclamation, this Statement pledges the City of Carmel to:
· Recognize, honor, and comply with the Uniformed Services Employment and Reemployment Rights Act
· Provide managers with the tools they need to effectively manage those employees who service in the Guard and Reserve
· Appreciate the values, leadership, and unique skills Service members bring to the workforce and encourage opportunities to employ Guardsmen, Reservists, transitioning Services members, and Veterans
· Continually recognize and support our country’s Service members and their families in peace, in crises, and in war.

The Statement of Support was also signed by Secretary of Defense Lloyd J. Austin III, and National Chair of the ESGR Ronald E. Bogle.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) Letter from Employer Support of the Guard and Reserve Attachment 2) Statement of Support for the Guard and Reserve Attachment 1
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

October 27, 2022, Special Meeting Minutes, November 1, 2022, Regular Meeting Minutes, and November 9, 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) October 27, 2022, Special Meeting Minutes Attachment 2) November 1, 2022, Regular Meeting Minutes Attachment 3) November 9, 2022, Special Meeting Minutes

CITY COUNCIL

SPECIAL MEETING
Thursday, October 27, 2022
5:00 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 5:00 PM.

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

CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Administrator
Mayor Potter read the closed session agenda title.

PUBLIC APPEARANCES
None

ADJOURNMENT
The City Council moved to Closed Session at 5:02 PM.

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

CITY COUNCIL

REGULAR MEETING
November 1, 2022

CALL TO ORDER AND ROLL CALL
Mayor Potter called the closed session meeting to order at 3:00 p.m.

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

CLOSED SESSION - 3:00 PM
City Attorney Pierik read the closed session title.

A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1) – EXISTING LITIGATION
Name of case: GTE Mobilnet of California Limited Partnership, a California limited partnership d/b/a Verizon Wireless v. City of Carmel-by-the-Sea, et.al.

United States District Court (Northern District) Case No. 5:22-CV-00347-NC PUBLIC APPEARANCE:

Christy Hollenbeck addressed the Council.

Council moved to closed session at 3:03 p.m.

Closed Session adjourned at 3:56 p.m.

OPEN SESSION

CALL TO ORDER AND ROLL CALL
Mayor Potter called the closed session meeting to order at 4:30 p.m.

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

PLEDGE OF ALLEGIANCE
City Clerk Romero led the pledge of allegiance.

PUBLIC APPEARANCES
Lucinda Lloyd, announced that former Mayor of Carmel, Charlotte Townsend, passed away on October 31, 2022. Janice Bradner, Neal Kruse, and an unnamed member of the public spoke out against implementing traditional home addresses. Anthony Carnazzo thanked the Council for approving the Pumpkin Roll event. Parker Logan addressed the Council.

ANNOUNCEMENTS
Attachment 2

Page 2 of 6 ends

CC Minutes – November 1, 2022
City Administrator – Thanked Assistant City Administrator Gullo for covering him at the last City Council Meeting while he attended a training. He gave thanks to the Community Activities Staff, Ashlee Wright, Leslie Fenton, Margie Perotti, volunteers, and Activities Commissioners who helped out with the Halloween parade, pumpkin roll and other events.

City Attorney - No reports.

Council Members
Mayor Pro Tem Richards – Reported that he had the pleasure of speaking at the Carmel High Public Policy Club. He said he was in the parade with some of the Carmel High mock trial students, and he congratulated the student athletes for having an average GPA of 3.7.

Council Member Baron – No reports.

Council Member Theis – No reports.

Council Member Ferlito -- Spoke about former Carmel Mayor, Charlotte Townsend, who passed away at age 97. She said Charlotte lived an admirable life, she was honored to know her and spend time with her, and would like to recognize her service to the community.

Mayor Potter – Said he had a great time at the pumpkin roll and parade, thanked staff for all their hard work. He suggested that Council hear public hearing item #16 first, regarding the Urgency Ordinance.

Council gave consensus to move up public hearing item #16.

PUBLIC HEARING
Item 16 - Introduction and Adoption of Urgency Ordinance 2022-006 - Urgency Ordinance of the City Council of the City of Carmel Adopting Rules of Conduct for Attending Meetings of Legislative Bodies at City Facilities
City Clerk Romero gave a brief presentation and overview of the Urgency Ordinance.

Public Comment - None.

City Attorney Pierik read the Urgency Ordinance title.

Motion by Mayor Potter to read by title only, waive full reading, and adopt Urgency Ordinance 2022-006, with the amendment to section 7.2 amending the meaning of the term Legislative Body to the Government Code definition, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 with the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None

CONSENT AGENDA
Council Member Baron pulled item #4 from consent.

Attachment 2

Page 3 of 6 ends

CC Minutes – November 1, 2022
Public Comment: none.

Motion by Council Member Theis to adopt consent agenda items 1, 2, 3, 5, 6 and 7, seconded by Council Member Ferlito, and approved 5-0-0-0 with the following roll call vote:

AYES: Baron Ferlito, Theis, Richards, and Potter
NOES: None
ABSENT: None
ABSTAIN: None
The following items were approved with the above vote:

Item 1 - October 3, 2022, Special Meeting Minutes, and October 4, 2022, Regular Meeting Minutes
Item 2 - September 2022 Check Register Summary
Item 3 - September 2022 Monthly Reports
Item 5 - Resolution 2022-094 authorizing the City Administrator to execute a Professional Services Agreement with EMC Planning Group Inc., for a not-to-exceed fee of $175,000, to conduct the Coastal Engineering and Adaptation Planning Project Item 6 - Resolution 2022-095, Authorizing Free Use Days of the Sunset Center Theater and Lobby for the Carmel Public Library Foundation and Carmel Unified School District Item 7 - Adoption of Ordinance No. 2022-003 (Second Reading) - Amending Municipal Code Section 2.52.630 pertaining to eligibility for new hires to use accrued vacation leave in the first year of employment

ITEMS PULLED FROM CONSENT
Item 4 - Resolution 2022-093 Proclaiming the Continuing Need to Meet by Teleconference Pursuant to Government Code Section 54953(e)
Council Member Baron said he would like to see all of the committees and commissions meeting in person, and therefore would be voting no on this item.

Motion by Council Member Theis to adopt Resolution 2022-093, seconded by Mayor Pro Tem Richards, and approved 4-1-0-0 with the following roll call vote:

AYES: Ferlito, Theis, Richards, and Potter
NOES: Baron
ABSENT: None
ABSTAIN: None

ORDERS OF BUSINESS
Item 8 - 2022 Car Week After Action Report
Chief Ward gave a presentation on the 2022 Car Week and answered questions from Council.

Public Comment - Neal Kruse, Sue McCloud, and Parker Logan addressed the Council.

Council discussion resumed and gave feedback to staff on planning for Car Week 2023.

Attachment 2

Page 4 of 6 ends

CC Minutes – November 1, 2022
Item 9 - Resolution 2022-096, adopting the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan.

Chief Ward gave a presentation on the Monterey County Multi-Jurisdictional Hazard Mitigation Plan.

Public Comment - Dr. David Revell addressed the Council.

Council discussion resumed.

Motion by Council Member Baron to adopt Resolution 2022-096, seconded by Council Member Ferlito, and adopted 5-0-0-0 by the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 10 - Provide feedback on the Design Traditions 1.5 Strategy Paper Community Planning and Building Director Swanson gave a presentation on the item.

Public Comment -
David O’Neill asked that Council approve guidelines that maintains the City’s charm and character. A member of the public gathered 847 signatures on a petition asking for Council and the Planning Commission to reassess the approval process for demolitions, remodels, to prevent any-town USA style developments. Graham Norton addressed the Council. Neal Kruse and Janice Bradner, spoke in favor of the unique cottages and architecture of the past that Carmel is known for. Lucinda Lloyd spoke about the exquisite modern architecture in Carmel that fits into the residential areas beautifully.

Council discussion resumed. Council provided direction to staff.

Item 11 - Resolution 2022-097 Authorizing the Mayor to Execute a Sixth Amendment to the City Administrator At-Will Employment Agreement Effective October 1, 2022 Mayor Pro-Tem Richards gave a brief summary of the item.

Public Comment - None.

Council discussion resumed.

Motion by Council Member Baron to adopt Reso 2022-097, seconded by Council Member Ferlito, and adopted 5-0-0-0 by the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Council took a recess at 7:00 pm, and reconvened at 7:11 pm.

Attachment 2

Page 5 of 6 ends

CC Minutes – November 1, 2022

PUBLIC HEARINGS (CONTINUED)
Item 12 - Resolution 2022-098 Amending CDP 18-231 to extend the current Beach Fire Management Pilot Program by six months, with an end date of May 15, 2023 Community Planning and Building Director Swanson gave a presentation on the item.

Public Comment - Lucinda Lloyd addressed the Council in favor of adopting the Resolution.

Council discussion resumed.

Motion by Mayor Pro-Tem Richards, to adopt Reso 2022-098, seconded by Council Member Ferlito, and adopted 5-0-0-0 by the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 13 - Resolution 2022-099, Agreement between the County of Monterey and the City of Carmel-by-the-Sea for joint participation in the Permanent Local Housing Allocation (PLHA) funding program for fiscal years 2019-2023
Community Planning and Building Director Swanson gave a presentation on the item.

Public Comment - None.

Council discussion resumed.

Motion by Mayor Pro-Tem Richards, to adopt Reso 2022-099, seconded by Council Member Baron, and adopted 5-0-0-0 by the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 14 - First Reading - Ordinance 2022-004 amending Carmel Municipal Code (CMC) Title 15 (Buildings and Construction) by adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments Building Official Jermel Laurie gave a brief summary of Ordinance.

Public Comment - None
Council discussion resumed. City Attorney Pierik read the Ordinance title.

Attachment 2

Page 6 of 6 ends

CC Minutes – November 1, 2022
Motion by Mayor Potter to read by title only, waive full reading, and Introduce Ord. 2022- 004, seconded by Council Member Ferlito, passed to a second reading on December 6th by the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 15 - First Reading - Ordinance 2022-005 Amending Section 2.74.010(B) of the Carmelby-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board
City Clerk Romero gave a summary of the item.

Public Comment - Lucinda Lloyd and Neal Kruse addressed the Council.

Council discussion followed. City Attorney Pierik read the Ordinance title.

Motion by Council Member Baron to read by title only, waive full reading, and Introduce Ord. 2022-005, seconded by Council Member Theis, passed to a second reading on December 6th by the following roll call vote:

AYES: Council Members Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None

ADJOURNMENT
Council adjourned in memory of former Carmel-by-the-Sea Mayor Charlotte Townsend at 7:36 p.m.

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

CITY COUNCIL

SPECIAL MEETING
Wednesday, November 9, 2022
3:00 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 3:04 PM.

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

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO

GOVERNMENT
CODE SECTION 54956.9 (d)(1) --EXISTING LITIGATION
Name of case: GTE Mobilnet of California Limited Partnership, a California limited partnership d/b/a Verizon Wireless v. City of Carmel-by-the-Sea, et.al.

United States District Court (Northern District) Case No. 5:22-CV-00347-NC City Attorney Pierik read the closed session agenda title.

PUBLIC APPEARANCES
None

ADJOURNMENT
The City Council moved to Closed Session at 3:07 PM.

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 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: October 2022 Check Register Summary
RECOMMENDATION:

Approve the check register for October 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 October.

FISCAL IMPACT:

The check register summary for October 2022 totals $1,577,751.60.

PRIOR CITY COUNCIL ACTION:

Council ratified the September 2022 check register at its November 1st regular meeting.

ATTACHMENTS:

Attachment 1) October 2022 Check Register Summary
Check
No.
50035
50052
49913
49970
49978
49914
49916
49917
49918
49921
49922
49923
49924
49952
49953
49954
49955
49958
49960
49961
49965
49966
49976
49977
49982
49983
49988
49989
50015
50023
50024
50026
50028
50032
50033
50036
50041
50042
50045
50048
50051
50053
50061
50063
50070
50075
50076
50077
49972
50020
50046
Total for Department: 112 City Attorney 33,332.00
Burke,Williams & Sorensen, LLP City Attorney services-General Ciity attorney fees 10/27/2022 27,454.00 Sloan Sakai Yeong & Wong Legal services: Personnel 10/27/2022 1,150.00 Total for Department: 111 City Administration 65,878.02 Department: 112 City Attorney
Telecom Law Firm PC Legal services:Telecommunications (Verizon litigation) 10/11/2022 4,728.00 US Bank PD ID card printing 10/27/2022 73.11
Verizon Wireless Cell phone usage and sales 10/27/2022 1,186.55 Liebert Cassidy Whitmore Training classes HR 10/27/2022 475.00 Traffic Patterns On call HR recruitment services 10/27/2022 1,622.50 Comcast City Hall business cable service 10/27/2022 73.32 Corbin Willits System MOM Financial system monthly fee 10/27/2022 720.79 US Bank Software Finance Dept 10/27/2022 57.54
Zoom Imaging Solutions, Imc. Business office copier usage fees 10/27/2022 435.89 SHI International Corp Crowdstrike IT Protection bundle 10/27/2022 10,662.56 Toshiba Financial Service Copier use Business office 10/27/2022 373.06 Richard Rerig Travel and training exp APA Conference 10/27/2022 1,790.18 Robert Half Temporary payroll assistance services 10/27/2022 9,268.05 J 4 Systems Billable services for Systems Engineer 10/27/2022 1,000.00 Office Depot, Inc. Business office supplies-Admin/Finance 10/27/2022 227.42 Comcast Business NonNGEN internet and recurring charges 10/27/2022 1,289.64 ETS Efficient Arista Quote: Software and hardware replacement 10/27/2022 2,570.40 City of Foster City Calopps Job Advertisements 10/27/2022 1,080.00 Code Publishing Company Municipal code updates, electronic, web and paper 10/27/2022 327.75 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 10/27/2022 190.00 Carmel Pine Cone Legal noticing 10/27/2022 660.00
Sprint Cell service fees, usage and purchases 10/11/2022 29.99 Verizon Wireless Cell phone usage and sales 10/11/2022 327.07 Municipal Resource Group, LLC City manager evaluation 10/11/2022 1,743.75 Office Depot, Inc. Business office supplies-Admin/Finance 10/11/2022 445.59 Amazon Web Services Inc Data and cloud storage fees 10/11/2022 837.69 AT&T Telephone service citywide 10/11/2022 3,052.11
Digital Deployment Website support agreement:Maint, training, security and updates 10/11/2022 700.00 Iron Mountain Records storage service 10/11/2022 436.08 US Bank MMANC Membership 10/11/2022 1,214.56
Wageworks,Inc Healthcare monthly Admin and Compliance Fee 10/11/2022 190.00 Ryan Ranch Printers Envelopes, stationary, business card and business license printing 10/11/2022 172.62 T-Mobile Monthly cell service, usage and purchases 10/11/2022 1,464.04 MISAC Training: 2022 Conference Staker and McCabe 10/11/2022 1,350.00 Office Depot, Inc. Business office supplies-Admin/Finance 10/11/2022 28.95 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 10/11/2022 190.00 Comcast City Hall business cable service 10/11/2022 73.32 US Bank Finance charge 5/6/22 statement 10/11/2022 2,505.84 Verizon Wireless Cell phone usage and sales 10/11/2022 1,266.43 Corbin Willits System MOM Financial system monthly fee 10/11/2022 720.79 Ryan Ranch Printers Envelopes, stationary, business card and business license printing 10/11/2022 172.62 Chavan and Associates, LLC Financial audit FY 2022-23 10/11/2022 9,000.00 City of Foster City Calopps Job Advertisements 10/11/2022 5,720.00 Total for Department: 110 City Council 12,026.90
Department: 111 City Administration
Bob Murray & Associates Executive recruitment services: Public Safety Dir 10/11/2022 152.81 Peninsula Messenger LLC Mail service sorting and delivery 10/11/2022 4,608.00 Bobby Richards Reimburse for League of Cities expenses 9/7/22-9/9/22 10/11/2022 2,418.90 Department: 110 City Council
CHS-ASB Mock Trial Council grant: Carmel High School Mock Trial-Resolution 2022-91 10/05/2022 5,000.00 Total for Department: 000 ___ 463,047.04
61,053.30
Visit Carmel CHID Remittance Jul-Aug 2022 10/27/2022 401,993.74 Department: 000 ___
Monterey County Convention & Visitors Bureau CHID Remittance Jul-Aug 2022 10/27/2022 Vendor/Employee Transaction Description Date Amount
October 2022 Check
Register
1 Attachment 1
49974
50000
50001
50002
50003
50004
50005
50006
50009
50011
50014
50014
50014
50088
50091
50092
50095
50096
50103
50113
50127
50127
50127
50127
50129
49919
49948
49950
49951
49952
49954
49957
49959
49964
49968
49973
49981
49984
50016
50017
50027
50029
50030
50031
50034
50039
50040
50043
50044
50047
50050
50055
50058
50061
50062
50069
50071
50072
50076
50076
50076
50076
10/27/2022 75.67
FedEx FY 22-23: Planning Dept. - Shipping Fees, Volume Studies 10/27/2022 12.84 185.00
US Bank Seniors Helping Seniors expense 10/27/2022 25.00 1,324.48
US Bank PD meeting expense
US Bank CBP Workshop expenses 10/27/2022 625.64
US Bank How to Work Smarter (Not Harder) Webinar 10/27/2022 70.00 US Bank Training Event - CPB Dept.

US Bank CBP Supplies 10/27/2022 124.48
10/27/2022 40.90
Office Depot, Inc. FY 22-23: Office Supplies
Department: 117 Fire
US Bank PD uniform expense 10/27/2022 230.90
Total for Department: 116 Police 39,307.16
US Bank PD training expense 10/27/2022
MOGO Urgent Care PD Substance testing services 10/27/2022 568.00 Office Depot, Inc. Police Dept office supplies 10/27/2022 383.03 10/27/2022 205.30
Community Hospital of the Monterey Peninsula Testing services for Police Dept 10/27/2022 27.00 Legal Notification Services Inc PD:Subpoena server services 10/27/2022 587.47 Carmel Chamber of Commerce Leadership Carmel tuition for Michael Bruno 10/27/2022 2,000.00 Comcast Police Dept cable services 10/27/2022 253.19
Transunion Risk & Alterna PD: Monthly fee for information services 10/27/2022 75.00 Alhambra Water service-PD 10/27/2022 263.45
Seaside Chrysler, Dodge, Jeep PD Vehicle repairs 10/27/2022 429.21 T2 Systems Canada Inc. PD:Digital iris services 10/27/2022 75.00 Point Emblems Police Dept-Badges and insignia 10/27/2022 710.96 Scot Smythe Reimburse for Camel PD Volunteer (CERT) expeness 10/27/2022 156.92 Mission Linen Service Fire Dept laundry service 10/27/2022 290.15 Paul Falworth Reimburse for Carmel PD Volunteer (CERT) expenses 10/27/2022 58.03 De Lage Landen Financial Police Dept copier lease 10/27/2022 161.70 Department of Justice/Accounting Office PD:Fingerprinting services 10/27/2022 32.00 Comcast Police Dept cable services 10/27/2022 55.59
Cypress Coast Ford/Lincoln PD Auto repairs 10/27/2022 429.00 Allied Universal Beach patrol services 10/27/2022 3,949.89 AT&T/FirstNet PD Wireless services 10/27/2022 89.40
Mission Linen Service Fire Dept laundry service 10/11/2022 151.72 Pace Systems, Inc Scheduler software for Police Dept 10/11/2022 2,240.00 Mission Linen Service Fire Dept laundry service 10/11/2022 137.34 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support and d 10/11/2022 24.95 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support and d 10/11/2022 18,279.53 Carmel Towing & Garage Police Dept-Fuel expense 10/11/2022 4,809.40 Office Depot, Inc. Police Dept office supplies 10/11/2022 167.87 T2 Systems Canada Inc. Paystation support less unappled credit on acct 10/11/2022 41.38 Carmel Towing & Garage PD Towing expense 10/11/2022 435.00 Comcast Police Dept cable services 10/11/2022 253.19
American Messaging PD: PGCopy Followers Cell Services 10/11/2022 119.25 Caltronics/J.J.R Enterprises. Inc Police Dept copier usage fees 10/11/2022 115.14 Department: 116 Police
Mission Linen Service Fire Dept laundry service 10/11/2022 151.72 Winter and Company Design Traditions 1.5 Project 10/27/2022 13,412.00 Total for Department: 115 Community Planning & Bu 76,365.31 US Bank Bldg. Safety Professional Member - Order #101348212 10/27/2022 US Bank Training Event - CPB Dept. 10/27/2022 41.40
Kelly-Moore Paint Company Inc Paint for Planning Office 10/27/2022 109.93 De Lage Landen Financial FY 22-23: Planning Dept. - Financial Svcs. 10/27/2022 202.11 Engineered Fire Systems FY 22-23: Fire Inspection Plan Reviews 10/27/2022 1,687.50 Carmel Towing & Garage FY 22-23: Building Dept. - Gas & Oil 10/27/2022 111.00 Cypress Painting & Decorating, Inc. Painting Project - Planning Dept. 10/27/2022 7,600.00 Ryan Ranch Printers PBD-Envelopes, stationary, business forms printing 10/27/2022 494.89 US Bank CBP Training Expense 10/27/2022 226.00
IWORQ iWorQ Systmes Internet software and support services 10/27/2022 166.67 Office Depot, Inc. FY 22-23: Office Supplies 10/27/2022 254.51 FedEx FY 22-23: Planning Dept. - Shipping Fees, Volume Studies 10/27/2022 25.68 I.A.M.P Meeting audio/visual services 10/27/2022 1,611.20 De Lage Landen Financial FY 22-23: Planning Dept. - Financial Svcs. 10/27/2022 212.22 ECONorthwest Housing Feasibilty Study 10/27/2022 21,249.15 California Building Officials Registration fee: M Waffle Conf Code #AKxfGRgO 10/27/2022 130.00 CSG Consultants, Inc. FY 22-23: Building Dept. - Plan Review Svcs. 10/27/2022 27,324.47 Department: 115 Community Planning &
US Bank Vests for Code enforcement RC09/06/22 10/11/2022 372.05 2 Attachment 1
49962
49963
49964
49979
50022
50025
50066
49923
49949
49964
49971
49975
49979
49986
50018
50019
50030
50057
50060
50077
49925
49926
49927
49928
49930
49931
49932
49933
49934
49935
49937
49938
49939
49940
49942
49943
49944
49945
49946
49946
49946
49946
49946
49947
49967
49974
49974
49974
50064
50065
50067
50068
50073
50074
50079
50080
50081
50082
50087
50088
50090
50092
50097
US Bank Supplies for City Facilities 09/06/22CW Aug Statement 10/11/2022 1,313.17 US Bank Hats for PW Staff RC09/06/22 10/11/2022 162.48
Forestry and Environmental Memberships - 8/8/22 RH6183 10/11/2022 515.00 US Bank CH roof exhaust fan repair - 8/8/22 RH6183 10/11/2022 349.87 US Bank
De Lage Landen Financial PW Copier monthly lease- 10/27/2022 195.13 GCS Environmental Equipment Services New mirror for the sweeper 10/27/2022 196.34 Carmel Towing & Garage PW Streets - Fuel for PW vehicles 10/27/2022 3,636.89 Cintas Corporation PW Uniform Service 21/22 FY 10/27/2022 581.05 American Lock & Key Locksmith ervice for City Facilities 10/27/2022 28.68 Caltronics/J.J.R Enterprises. Inc Copier Contract PUBLIC WORKS - FY22/23 10/27/2022 180.11 Ailing House Pest Control City Wide Pest Control 10/27/2022 504.00 Alhambra Water for PW Department FY 21/22 10/27/2022 650.04 Pacific Smog Smog Inspections for PW vehicles 10/27/2022 39.75 Acme Rotary Broom Service 6 gutter brooms for the sweeper 10/27/2022 601.29 John Ley's Tree Service Tree work as directed by City Forester 10/27/2022 819.00 Otis Elevatior Company HML Contract #SJM066500 10/27/2022 6,343.02 Edges Electrical Group Electrical supplies for City Facilities 10/27/2022 523.14 Granite Rock Company PW Streets-Supplies 10/27/2022 413.16 US Bank Rapidset quickrete - RC09/06/22 10/11/2022 14.22 Dudek Stormwater regulations update 10/27/2022 2,000.00 Valley Hills Nursery Plants for Devendorf Park-9/15/22 #8M34V6EQZ1FT 10/11/2022 182.63 Iverson Tree Service Tree work as directed by City Forester 10/11/2022 1,650.00 Tope's Tree Service Inc. MTNP Serra Trail Clearance 10/11/2022 4,200.00 US Bank Plate compactor 9-6-22 #6183RH 10/11/2022 1,638.74 Scarborough Lumber & Building FACILITIY MAINT DIVISION - Hardware supplies 10/11/2022 241.54 Sentry Alarm Systems Alarm monitoring for City buildings 10/11/2022 3,790.29 US Bank ArcGIS Service 9/6/22 6183RH 10/11/2022 100.00
US Bank Training - 8/8/22 RH6183 10/11/2022 149.00
Office Depot, Inc. PW/FM/Forestry - Office Supplies FY 2023 10/11/2022 319.90 PSTS, Inc. Services:Pumping oil-water separator 10/11/2022 640.00 Monterey Sanitary Supply PW/FM janitorial supplies cleansers/COVID 10/11/2022 88.49 Napa Auto Parts PW Streets - Vehicle Supplies 10/11/2022 29.17 M & S Building Supply FACILITY MAINT. DIVISION - Supplies 10/11/2022 24.48 Marina Backflow Company PW/FM backflow maintenance & repairs 10/11/2022 980.00 Hayward Lumber PW Streets - Supplies 10/11/2022 52.72
John Ley's Tree Service Tree work as directed by City Forester 10/11/2022 5,270.00 Granite Construction Company PW Streets - Asphalt 10/11/2022 789.80 Granite Rock Company PW Streets-Supplies 10/11/2022 421.18 Cintas Corporation PW Uniform Service 21/22 FY 10/11/2022 339.72 Ferguson Enterprises, Inc. Plumbing supplies for city facilities 10/11/2022 134.96 Carmel Towing & Garage PW Streets - Fuel for PW vehicles 10/11/2022 3,760.36 Cate Electrical Co., Inc. Emergency electrical panel repair/Sunset Ctr North Lot 10/11/2022 3,131.44 Total for Department: 118 Ambulance 21,974.87
Department: 119 Public Works
American Lock & Key Locksmith ervice for City Facilities 10/11/2022 30.04 City Of Monterey FY 2022-23 Ambulance-Overtime reimbursment for staffing Mty Fire 10/27/2022 4,888.18 Verizon Wireless Machine to machine activity 10/27/2022 14.04 De Lage Landen Financial Ambulance Copier lease 10/27/2022 71.01 Bound Tree Medical LLC Medical supplies 10/27/2022 1,101.25 Bauer Compressors Annual PM service 1 Bauer compressor 10/27/2022 1,696.06 Bound Tree Medical LLC Medical supplies 10/27/2022 3,062.93 City Of Monterey FY 2022-23 Ambulance Administration fee 10/11/2022 4,238.61 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 10/11/2022 54.72 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 10/11/2022 212.46 Wittman Enterprises, LLC Ambulance billing service 10/11/2022 4,096.12 Bauer Compressors Annual PM service 1 Bauer compressor 10/11/2022 1,047.53 Carmel Towing & Garage Amb Dept gas expense (7166) 10/11/2022 1,477.92 Total for Department: 117 Fire 241,600.53
Department: 118 Ambulance
Verizon Wireless Machine to machine activity 10/11/2022 14.04 City Of Monterey FY 22-23 Fire Dept vehicle repairs 10/27/2022 3,456.43 FasTrak Toll: Carmel Fire-Responding to Mosquito Fire-Wildfire Emg Plan 10/27/2022 7.00 City Of Monterey FY 2022-23 Monthly fee:Interim Fire Admin/Emerg Incident Mgmt 10/11/2022 236,620.21 Caltronics/J.J.R Enterprises. Inc Fire Dept copier usage fees 10/27/2022 10.73 American Supply Company Housekeeping supplies-Fire Dept 10/11/2022 238.17 Carmel Towing & Garage Fire Dept gas expense (E15) 10/11/2022 1,086.82 Alhambra Water service Fire Dept 10/11/2022 181.17
3 Attachment 1
50099
50100
50101
50102
50104
50106
50107
50109
50111
50114
50115
50116
50117
50120
50121
50122
50124
50125
50126
50038
49980
50059
50076
50076
50098
49956
50008
50035
50052 Quarterly fee 10/27/2022
49915
49969
49985
49987
50021
50037
50108
49929
49936
50012
50054
50056
50078
50083
50112
50121
10/27/2022 8,867.50
SyTech Solutions Prof services: Digitalize planning records-122CP-DIGPROP 10/27/2022 17,633.25 4Leaf, Inc Infrastructure resilience pilot project-Plannig/PM Services 10/27/2022 1,867.50 Dudek MTNP Improvements 10/11/2022 7,591.00
M3 Environmental Consulting
Ausonio, Inc City Hall Roof 10/27/2022 12,180.00
Wallace Group Project managment:CIP MTNP well, tank, and pump house abandonmen Grand Total 1,577,751.60
Scarborough Lumber & Building ADA Project Drinking fountainPBL 10/6/22 #444682-4 10/27/2022 37.02 Total for Department: 311 Capital Projects 80,829.28
Ausonio, Inc CIP Facility Condition Inspections 10/27/2022 10,590.00 Neill Engineers Corp. MTNP drainage engineering project 10/27/2022 17,773.01 HML exterior and interior painting project 6/17/22 #2220701. Wor 10/11/2022 4,290.00 Total for Department: 130 Non-Departmental 131,264.29
Department: 311 Capital Projects
Pacific Gas & Electric Citywide gas & electric services 10/27/2022 11,451.46 Monterey County Tax Collector Monterey County Property tax admin fees FY 2022-23 10/27/2022 94,023.52 Prism Public Risk Innovation Oct-Dec 2022 Employee Assistance Program 10/11/2022 474.60 Cal-Am Water Company Water service citywide 10/27/2022 12,015.12 Pacific Gas & Electric Citywide gas & electric services 10/11/2022 32.35 Pacific Gas & Electric Citywide gas & electric services 10/11/2022 246.41 Glastonbury Inc Sound system for Pumpkin Roll events in Park 10.29.22 10/27/2022 1,355.00 Total for Department: 121 Community Activities 5,600.62 Department: 130 Non-Departmental
Cal-Am Water Company Water service citywide 10/11/2022 13,020.83 Visit Carmel 30,000.00
Total for Department: 122 Economic Revitalization 317,505.00 Monterey County Convention & Visitors Bureau Destination Marketing Jurisdiction Investment 10/1-12/31/22 10/27/2022 50,002.50 Monterey County Convention & Visitors Bureau Jurisdiction Investment-Destination Marketing 10/27/2022 50,002.50 Department: 122 Economic Revitalization
Sunset Cultural Center Inc. Current fiscal year Operating Grant 10/11/2022 187,500.00 Carmel Pine Cone Halloween ad 10.21.22 10/27/2022 425.00 US Bank Halloween decorations & supplies for pumpkin roll and parade 10/27/2022 1,918.74 Total for Department: 120 Library 307.00
Department: 121 Community Activities
Golden State Portables Porta potties for Sandcastle Contest 9.17.22 = 2 handicap, 2 sta 10/11/2022 1,402.63 US Bank Homecrafters' Marketplace posters, postcards 10/27/2022 499.25 Department: 120 Library
Pacific Grove Self Storage Storage Unit - Document storage 10/27/2022 307.00 Underground Service Alert Nor Cal Membership fee 7/20/22 #2022112607 10/27/2022 1,800.53 Total for Department: 119 Public Works 88,713.58
Tope's Tree Service Inc. Watering at MTNP- 10/27/2022 1,680.00 Uline Inc. PW Streets - Safety Supplies 10/27/2022 140.79 Scarborough Lumber & Building PW Streets - Supplies 10/27/2022 384.51 Sentry Alarm Systems Alarm monitoring for City buildings 10/27/2022 2,405.79 Rental Depot - Monterey Bobcat at Del Mar 9/21/22 #332160-1 10/27/2022 501.10 S.S.P. Inc. Fire Station lockers insatlled 9/1/22 #SI75651 10/27/2022 3,421.20 Poe's Plumbing & Backflow Plumbing repairs City facilities 10/27/2022 1,435.00 Pureserve Building Service Janitorial services 10/27/2022 21,141.35 Napa Auto Parts PW Streets - Vehicle Supplies 10/27/2022 1,800.69 Ono Consulting Arboriculture Consulting 10/27/2022 1,050.00 Monterey Bay Pest Control, Inc Gopher hole traps at Forest Theater 10/12/22 #22793 10/27/2022 525.00 Monterey Sanitary Supply PW/FM janitorial supplies cleansers/COVID 10/27/2022 1,687.34 M & S Building Supply FACILITY MAINT. DIVISION - Supplies 10/27/2022 57.43 Marina Backflow Company PW/FM backflow maintenance & repairs 10/27/2022 1,395.00 Hayward Lumber PW Streets - Supplies 10/27/2022 294.40
Jessica Juico CA Climate Energy Forum 9/15-9/25/22 Travel expenses 10/27/2022 626.13 Golden State Portables Porta-Potties FT & Events 10/27/2022 1,062.19 Granite Rock Company PW Streets-Supplies 10/27/2022 274.33 4 Attachment 1
Schedule of Contract Payments - October
Contract Amt Paid thru Oct Contract Balance
Pen Messenger $ 122,000.00 $ 74,950.00 $ 47,050.00
City of Monterey * $2,839,443.00 $ 481,821.95 $ 2,357,621.05 Fire admin Tope's Tree Service $ 65,000.00 $ 89,200.83 $ (24,200.83) West Coast Arborists $ 160,000.00 $ 121,024.08 $ 38,975.92 John Ley's Tree Service $ 70,000.00 $ 53,637.67 $ 16,362.33 J4 Systems $ 38,840.70 $ 26,179.00 $ 12,661.70
Pureserve * $ 250,000.00 $ 84,565.40 $ 165,434.60
Rincon $ 50,500.00 $ 45,167.75 $ 5,332.25
Dudek $ 75,000.00 $ 62,111.92 $ 12,888.08
4Leaf Inc. $ 179,800.00 $ 10,425.00 $ 169,375.00
* FY2022-2023 Budget
Vendor
5 Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

Review and receive monthly reports.

BACKGROUND/SUMMARY:

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

N/A
PRIOR CITY COUNCIL ACTION:

Monthly review and approval.

ATTACHMENTS:

Attachment 1) City Administrator Contract Log
Attachment 2) Community Planning and Building Department Reports Attachment 3) Police, Fire, and Ambulance Reports
Attachment 4) Public Records Act Requests
Attachment 5) Public Works Department Reports
City Administrator Contract Log
FY 2022-23
Date entered Into Contractor Contract Amount Purpose
10/24/2022 NIELL ENGINEERS $24,999.00
On call Engineering Services Master Storm Drain
Project
Attachment 1

CITY OF CARMEL-BY-THE-SEA
Monthly Report

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

In October 2022, 34 planning permit applications were received.

II. BUILDING PERMIT APPLICATIONS:

In October 2022, 31 building permit applications were received.

III. CODE COMPLIANCE CASES:

In October 2022, 35 new code compliance cases were created.

IV. TRANSIENT RENTAL COMPLIANCE CASES:

In October 2022, 12 new transient rental compliance cases were created.

V. ENCROACHMENT PERMIT APPLICATIONS:

In October 2022, 24 encroachment permit applications were received.

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

TO: Honorable Mayor, Council Members, and City Administrator Chip Rerig

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: December 6, 2022
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 2
Compared to the same time period in the year 2021, Table 1 denotes the following percentage changes in the year 2022:
• Planning Permit Applications – increase of 10.81%
• Building Permit Applications – decrease of 3.19%
• Code Compliance Cases – increase of 146.15%
• Transient Rental Compliance Cases – increase of 1333.33% • Encroachment Permit Applications – decrease of 6.75%
Table 1. Permit Application Totals PLANNING BUILDING CODE

COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE

ENCROACHMENTS
2021 YTD Totals 296 439 91 3 252
2022 YTD Totals 328 425 224 43 235
YTD % Difference +10.81% -3.19% +146.15% +1333.33% -6.75% Attachment 2
Page: 1 of 7
Planning Permit Report
10/01/2022 - 10/31/2022
Permit # Permit Type Project Description Address/Location Date Received Date Approved Status 22349 Design Study 1. PAINTING SIDING AND TRIM. 2. REPLACE TILE ROOFING WITH TREATED CEDAR SHAKES. 3.

VAULT CEILINGS IN SOME ROOMS. 3. ADD TWO

SKYLIGHTS, REPLACE OR ADD SOME WINDOWS
AND TWO EXTERIOR DOORS. 4. CREATE A 376

SQFT ADDITION IN THE EXISTING CRAWLSPACE
SANTA RITA 2 SW
1ST, CARMEL,CA
93923
10/31/2022 In Review
22348 Design Study CHANGE IN ROOFING MATERIAL TO DAVINCI

COMPOSITE AGED CEDAR
Southwest Corner of
San Carlos Street and
8th Avenue Carmel
10/27/2022 In Review
Page: 2 of 7
22347 Design Study Overall changes on this residential project include the removal of two wooden decks and
multiple stone walkways to meet the city’s
hardscape limitation requirements and the
replacement of multiple failing wooden retaining
walls with 205 linear feet of concrete block
retaining walls faced with stone veneer for a
more permanent solution to slope stabilization.

The installation of a new 3-foot high concrete
block retaining wall along the back of the
property line will serve to retain the grade where
the current retention is failing, creating a safety
risk above the neighbor’s property. This project
also includes the installation of native and
drought-tolerant plantings, including a
groundcover lawn alternative to replace the
existing A.D.U deck, and a permeable
“Hollywood” driveway to replace the current
existing concrete drive. A replacement deck
made of Trex composite deck board will greatly
reduce the square footage of the existing main
residence deck, allowing more room for the
adjacent large oak trees and reducing hardscape.

Three raised planting beds for vegetable
gardening will be installed, and all
paths/walkways will be mulched. A new
irrigation system and minimal landscape lights
for safety will also be included in the project
scope. The scope of this work reduces the
hardscape coverage of the property from 1,531
square feet to 874 square feet, and meets city
compliance. No trees will be removed from the
property, nor will any lines of sight be changed.

This project will serve to increase the aesthetic
value and safety of the property while bringing
the site into compliance with city regulations.

Forest Road 2 SE of
8th
10/26/2022 In Review
Page: 3 of 7
22346 Preliminary Site
Assessment
Preliminary site assessment for remodel of (e)
structure, addition to (e) structure, and new
ADU
Guadalupe 3 SE of 3rd 10/26/2022 In Review
22345 Preliminary Site
Assessment
Preliminary site assessment for new possible
addition
Santa Fe 2 SW of 2nd 10/26/2022 In Review
22344 Design Study 164 S.F. ADDITION / REMODEL N/W CORNER OF

FOREST & MOUNTAIN
VIEW
10/26/2022 In Review
22343 Design Study PROJECT WAS CLOSED, SCOPE WAS
INCORPORATED INTO DS 22-337.

Lobos 5 SE of 2nd 10/25/2022 Closed
22342 Design Study Interior and exterior remodel to existing 2 story single family residence. Project to include
removing existing roofing material and replace
with new. Alter existing roofs. Remove and
replace existing windows with new. Remove
existing wood siding and replace with new wood
siding and stone veneer. Remove existing
skylights and replace. Remove and replace
exterior doors with new. New exterior lighting.

No added square footage or changes to building
footprint proposed.

Camino Real 4 SE of
Ocean
10/21/2022 In Review
22341 Historic
Evaluation
HISTORIC EVALUATION. See DS 22-289
(Radsdale): Addition of 63 S.F. 2nd Fir. Bathroom
above an (E) Laundry Room, Upgrade of
plumbing fixtures and appliances to high
efficiency units to comply w/ MPWMD fisture
unit requirements, reframing 127 S.F. of roof
o/(E) Master Bdrm; Construciton of an open
timber frame trellis o/ (E) BBQ area & eyebrow
o/ West exit of Living Rm to rear yard & ancillary
Electrical, Plumbing, Framing, Roofing
Monte Verde St. 5 SW
of 13th
10/21/2022 In Review
Page: 4 of 7
22340 Design Study West Patio/Deck Extension: Complete
disassembly of existing Patio/Deck cantilever
from existing Ground Floor Structure.

Construction of new Patio/Deck extension West.

MISSION NE CORNER
AT 3RD
10/20/2022 In Review
22339 Historic
Evaluation
Phase 1 historic evaluation for SFR. 2905 Franciscan Way 10/19/2022 In Review 22338 Historic
Evaluation
Historic evaluation of SFR Casanova 2 SW of
2nd
10/19/2022 In Review
22337 Design Study Authorizes to replace existing single paned aluminum windows with wood energy efficient
double paned windows, replace and expand the
wood and concrete patio in the rear yard with
sand-set pavers by 72 square feet, and replace
40 feet of existing grapestake fence at the front
elevation with 4-foot-high open redwood pickets
fence.

Lobos 5 SE of 2nd Ave 10/17/2022 In Review
22336 Design Study Amend previous planning approval 'DS 22-033' & building permit 'BP 22-206' to allow the addition
of 54 SF of deck (2x6 redwood boards painted to
match existing deck) to an existing 238.5 square
foot deck at the rear of the house with new
wood posts and aluminum cable railing, add
aluminum clad sliding glass door in the rear, and
reduce site coverage by 228 SF from 784 SF to
556 SF by removing concrete walkway at the
rear of the property, removing front yard and
driveway flagstone and install a new semipermeable paver driveway, walkway, and asphalt apron.

Guadalupe 2 NW of
4th Avenue
10/17/2022 10/27/2022 Approved
Page: 5 of 7
22335 Design Study REPLACE ALL WINDOWS IN AN EXISTING 3,256 SINGLE FAMILY RESIDENCE. THE NEW UNITS

WILL WILL MATCH THE EXISTING WINDOWS
WHICH ARE FAILING DUE TO AGE. THE OWNER

ALSO PROPOSES TO DEMOLISH AN EXISTING
GREENHOUSE AND REPLACE IT WITH A HOT TUB.

SE corner of San
Antonio & 8th
10/18/2022 In Review
22334 Design Study (N) Window and replacement of (E) deck with (N) materials.

NE Corner of Torres &
9th Ave
10/17/2022 In Review
22333 Historic
Evaluation
Historic Determination Torres 2 SE of 10th 10/19/2022 In Review 22332 Landscape Plan
Check/Inspection
Add planting at street frontage Torres 4 NW of 8th 10/13/2022 In Review 22331 Design Study To Demo an Existing single story house. Grade the landscape and provide a retaining wall to the
South of the property. Build a two story single
family dwelling and a detached single car garage.

No tree removal.

San Carlos St. 3 SW of
1st
10/13/2022 In Review
22330 Design Study Add balcony and deck to upper floor and awning roof. Remove and changes of the windows and
doors; remove staircase. Convert Lower Floor to
ADU and with 480 Sq. Ft. addition.

Santa Rita 4 SE of
Ocean
10/13/2022 In Review
22329 Design Study AMEND PREVIOUSLY APPROVED APPLICATION DS 21-039 - REVISE ADDITION IN REAR YARD TO
BE 162 SF INSTEAD OF 136 SF. NEW WINDOWS
& DOORS IN ADDITION TO MATCH (E). INSTALL 1
SKYLIGHT IN ADDITION TO MATCH (E). REPLACE
(E) ROOF OVER KITCHEN. EXTEND (E) ROOF
OVER ENTRY. THE PREV. APPROVED GUARDRAIL

REPLACEMENT WORK ALONG THE FRONT OF
THE HOUSE WAS ALREADY DONE.

San Carlos 2 SE of 1st 10/13/2022 In Review
Page: 6 of 7
22328 Historic
Evaluation
Follow-up to DS 22-237 (Beck) - 1. EXISTING
STRUCTURES INCLUDE: (1) ONE-STORY 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.

SANTA FE 3NE OF

SECOND AVE CARMEL
BY THE SEA, CA 93921
10/11/2022 In Review
22327 VOIDED DUE TO DUPLICATE APPLICATION Closed
22326 Design Study Remove existing siding and replace with new. 2905 Franciscan Way 10/17/2022 In Review 22325 Design Study Addition of 75 s.f. of interior floor area, addition of 8 s.f. covered porch, interior remodel to
existing two bedroom, two bath single family
residence. Replace all windows, remove brick
steps and path on Torres St.

SW Corner of Torres
& 8th Avenue
10/10/2022 In Review
22324 Sign Replace art gallery sign of Loran Speck with sign of "Lilli-anne Price Contemporary Fine Art)." Sign
will be rectangle, 3 square feet or less, and
following City requirements.
6th Avenue 3 SW of
Dolores Street
10/6/2022 In Review
22323 Sign Moving sign from San Carlos & 7th to Dolores & 7th
Dolores Street 10/6/2022 In Review
22322 Design Study Remove one (1) 5'x10' window and replacing with new siding and sheet rock for art wall.

SW Camino Real &
4th
10/6/2022 In Review
22321 Design Study REPLACEMENT OF EXISTING PVC EXTERIOR

RAILINGS WITH NEW WOOD AND ALUMINUM
RAILINGS.

San Carlos 2 NW of
3rd
10/5/2022 In Review
Page: 7 of 7
22320 Use Permit Increase hours of operation from 12:00AM to 2:00AM
SW Corner of
Junipero & 5th
10/3/2022 In Review
Total Records: 30 11/8/2022
Page: 1 of 5
Building Permit Report
10/01/2022 - 10/31/2022
Permit # Date Submitted Date Approved Project Description Valuation Permit Type Property Location 220425 Bathroom Remodel 7,000 BP Revision Corner of Ocean & Camino Real
220424 10/27/2022 Installation of 60A circuit for EVSE inside garage.
600 Electrical 4th 2 NE of Lobos
220423 10/27/2022 New roof-mounted PV solar system with energy storage (6.750 kW DC).
50,773 Electrical Carpenter 2 SE of
5th
220422 10/26/2022 Installation of underpinning at City Hall Building and removal and replacement of the
City Hall parking lot retaining wall.
150,275 Building Monte Verde 3 SE
of Ocean
220421 10/26/2022 10/26/2022 Replace 42' of leaking main water line with 1" PEX. Contact: Poe's Plumbing & Backflow
(831) 710-2204
3,200 Plumbing 5013 Lobos
220420 10/25/2022 10/25/2022 Replacement of both sides of redwood fence outside of the front setback with in-kind
material. No change in location or height (6'
existing) Contact: SC Fencing (831) 537-3450
0 Exempt Work Camino Real 6 NE of
Ocean
220419 10/25/2022 10/25/2022 Replace dryrot on on exterior of window frame, repaint trim to match existing color.

Dryrot replacement to occur at 6' long 3"x1"
wood strip above window frame and below
header. No glazing replacement or additional
framing modifications to occur. Contact:

California Coatings (831) 625-3980
0 Exempt Work NW Corner of San
Carlos & Ocean
220418 10/24/2022 Master bath remodel including 1 non-loadbearing wall; add can lights to living room; other items include painting, new flooring,
and a couple new countertops
48,000 Building NE Corner of San
Carlos & 8th #5
Page: 2 of 5
220417 10/21/2022 Install roof mounted 12 module (3.9 kW DC) photovoltaic system.
10,000 Electrical SE Corner of Lincoln
and 3rd
220416 10/20/2022 Remove (e) T&G roof and replace with new gray 80 mil PVC. Contact: Premo Roofing Co
(831) 443-3605
44,000 Roofing Dolores 4 SE of 13th
220415 10/18/2022 Paint exterior of house "Cracked Pepper".

Contact: Carmel Bay Painting (831) 277-5182
0 Exempt Work SE Corner of
Mission & Alta
220414 10/18/2022 10/18/2022 Tenant improvement of retail clothing store including new fitting rooms, stock room,
lighting, and floor fixtures. Contact: Hare
Construction (831) 655-9507
100,000 Building SE Corner of Ocean
& San Carlos
220413 10/14/2022 11/2/2022 Repair existing fence with a new fence of the same type and material. Contact: J Carlos
Velis (831) 383-6403
0 Exempt Work NE Corner of Torres
& 9th
220412 10/13/2022 Demo (E) SFR and build new SFR with
detached Garage and ADU under main
residence
1,400,000 Building Scenic 3 SW of
Ocean
220411 10/12/2022 10/14/2022 New Flooring / baseboards throughout, replace cabinets, new counters, replace
doors, trim and hardware, replace toilet /
vanity, paint throughout. Contact: Davi
Construction (831) 760-0682
95,000 Exempt Work Mission 4NE of 5th
#5N
220410 10/12/2022 Build a new 4'x5' shed that is set on existing hard scape and will be painted to match the
house. Shed not to be attached to structure.

Contact: Icon Building & Development Inc
(831) 521-5073
0 Exempt Work NW Corner of
Casanova & Fraser
220409 10/11/2022 10/11/2022 Remove 40 gallon ng water heater and replace with new 40 gallon ng water heater.

Contact: Marina Plumbing & Heating (831)
384-8206
2,065 Plumbing Lobos 3 SW of 2nd
Page: 3 of 5
220408 10/10/2022 11/3/2022 Convert existing detached studio to a 907 s.f.

Accessory Dwelling Unit, Add one shower and
upgrade wet bar to a kitchen.
5,000 Building Scenic 6 SE of
Ocean Avenue
220407 10/10/2022 11/3/2022 Proposed 72 Sq. Ft. Addition to the NonHistoric Section of Residence that is on the Historic Inventory located at the Exterior the
Space Between Garage and the Non-Historic
Section of Residence: Consisting of a New
Water Closet Accessible from Garage and
Shower Room Accessible from the Exterior;
Proposed Ceiling Lights and Power Outlets in
Garage; Proposed California-Framed Roof
Connection Between Existing Garage and
Non-Historic Section of Main Residence;
New Garage Ridge Beam and Garage Door
Header; Class ‘A’ Asphalt Shingled Roofing
to Match Existing; Proposed Wood Vertical
Board and Batten Siding on Bath Addition
(Matching Existing Non-Historic Section of
Main House); Replace Existing Garage Door
with (3) Panel Wood Folding Door with True
Divided Lite Glass Upper Panes; Proposed
Wood Framed Insulated Windows with True
Divided Lites; (2) Proposed 18”x 30”
Operable Skylights with Night Shades in
Existing Master Closet and Add New Fire
Extinguisher Fixtures to Garage and Proposed
Addition as Deferred Submittal.
50,000 Building 2981 Franciscan
Way Carmel, CA
93923
220406 10/10/2022 10/10/2022 Re-roof of mansard only - replace existing roof with new CertainTeed Presidential Shake
asphalt shingle in color Country Gray.

Contact: Go West Roofing (831) 905-4950
12,000 Roofing San Carlos 2 NW of
6th
Page: 4 of 5
220405 10/10/2022 10/10/2022 replace portion of raised brick planters adjacent to driveway with brick pavers and
planters at ground/driveway level. Contact:

Ventura Construction (831) 760-2863
0 Exempt Work Perry Newberry 2
SW of 5th
220404 10/10/2022 10/10/2022 Replace existing wood frome window with an exact size replacement constructed of same
materials. Contact: Skip Wilcox (831) 261-
8102
0 Exempt Work NW Corner Monte
Verde & 4th
220403 10/10/2022 REMODEL EXISTING SINGLE FAMILY
RESIDENCE. KITCHEN REMODEL. BATH
REMODEL. LIGHTING AND ELECTRICAL
CHANGES. NEW WINDOWS AND DOORS.

NEW SKYLIGHTS TO REPLACE EXISTING
SKYLIGHTS. MODIFY HARDSCAPE AT REAR
YARD AND ENTRY PATH. UPGRADE
ELECTRICAL PANEL TO 200 AMP SERVICE.
175,000 Building San Carlos 5 NE of
3rd
220402 10/5/2022 10/5/2022 Change out main electrical panel in-kind, 100 amp. Contact: Peninsula Power & Lighting
(831) 915-1443
1,200 Electrical Dolores 3 SE of 10th
220401 10/4/2022 Replacement of (e) PVC exterior railings with new wood and aluminum railings. Contact:

Jerry Stepanek (831) 915-2730
10,000 Building San Carlos 2 NW of
3rd
220400 10/4/2022 10/20/2022 Repair and replace existing decks and fencing, as needed. All new materials shall
match existing conditions. Contact: Jin
Construction (831) 277-2505
55,000 Building 13th 2 SE Mission St
220399 10/4/2022 Exterior staircase re-oriented and refinished, new fire service equipment screening and
relocation of existing fire bell. Contact: Jolley
Builders (831) 238-6044
30,000 Building 6th 3 SE of Lincoln
220398 10/3/2022 New detached ADU, removal of (e) pool and concrete patio.
268,800 Building SW Corner of
Guadalupe and 4th
Page: 5 of 5
220397 10/3/2022 Installation of a sink. Contact: George Wilson's Plumbing (831) 232-0982
1,100 Plumbing Ocean 2 NE of
Dolores
220396 10/3/2022 10/3/2022 Replace 26' of existing grapestake fence, replace with split cedar inset into top trim
board to match existing fence in the side
yard. New fence will be 6' where it meets
existing fence, with the top level and 5' high
where it terminates. Repair and reinstall 5'
panel of 48" high grapestake fence along
same alignment as front fence. Repair 22' of
48" high grapestake fence in kind. Contact: R
Munoz Landscaping (831) 402-5078
0 Exempt Work Casanova 5 SW of
13th
220395 10/3/2022 10/10/2022 Tear off (e) comp roof & install new Presidential TL shingles in color Country Gray
over 15 lb felt on house and detached
garage. Contact: Williams Roofing Co (831)
758-2749
14,000 Building Lobos 3 SE of 3rd
Total Records: 31 11/8/2022
Page: 1 of 3
Code Compliance Report
10/01/2022 - 10/31/2022
Case # Case Type Status Location Problem Description Date Received Date Closed 22225 Planning Violation Open SEC Ocean and San Carlos Exterior changes and signage 10/18/2022 22223 Planning/Building
Violation
1st NOV sent NW Corner Guadalupe & 6Th Unpermitted work 10/24/2022 22222 Planning/Building
Violation
1st NOV sent Guadalupe 2 NW 6th Unpermitted work 10/24/2022 22221 Right of way Violation Open Scenic 5 NW 8th Landscaping and boulders in ROW
10/22/2022
22220 Short-term Rental 1st NOV sent Junipero 4 NW of Vista Illegal STR 10/21/2022 22219 Short-term Rental 1st NOV sent Carpenter 4 NE of 3rd Illegal STR 10/21/2022 22218 Short-term Rental 1st NOV sent SEC Perry Newberry & 4th Illegal STR 10/21/2022 22217 Short-term Rental 1st NOV sent 5th 2 SW of Junipero Illegal STR 10/21/2022 22216 Short-term Rental 1st NOV sent Illegal STR 10/21/2022 10/22/2022 22215 Public Nuisance Open Carmelo 2 NE 11th Disruptive noise from Hot tub 10/14/2022 22214 Planning Violation Open NE Corner of Santa Fe and 4th Painting house w/o scope of work 10/21/2022 22213 Short-term Rental 1st NOV sent Junipero 3 NW of 12th Illegal STR 10/20/2022 22212 Property
Maintenance
Open Monte Verde 2 SW 2nd Unkempt Worksite 10/21/2022
22211 Short-term Rental 1st NOV sent Mission 2 NE 5th Unpermitted STR 10/20/2022 22210 Right of way Violation Open NW Corner N San Antonio and 4th Porta-Toilet in ROW/Unscreened 10/20/2022 22209 Planning Violation Open SW Corner Junipero & Alta Fence on Junipero side over 4' 10/20/2022 22208 Right of way Violation Closed Camino Real 2 NE of 4th Unscreened Porta-toilet 10/17/2022 10/18/2022 22207 Right of way Violation Closed San Antonio 5 SE 2nd Unscreened Porta-Toilet 10/17/2022 10/18/2022 22206 Short-term Rental STR verified SE Corner Alta & San Carlos Illegal STR 10/17/2022 Page: 2 of 3
22205 Storm Water
Violation
Closed Monte Verde 2 SW of 2nd An accumulation of construction debris that requires clean up.

Missing and or improperly
installed BMP's. Installed BMP's
and cleaned up site, case closed.
3/24/2022 10/14/2022
22204 Building Violation Closed 2nd 2 NW of Lincoln Demolition and remodel of entire interior of house and exterior
stairway requiring proper
permits. Obtained permit, case
closed.
3/30/2022 10/14/2022
22203 Building Violation Closed San Antonio 3 SE of 3th Installation of gas piping along fence to firepit in back yard.

Installation of H2O heater
without permit. Obtained permit
for water heater and removed
gas piping, case closed
5/3/2022 10/14/2022
22202 Building Violation Closed Carmelo 5 NW of Ocean Obtain planning approval.

Exceeded scope of work,
demolition of garage and
construction of an ADU at
basement.
5/10/2022 10/14/2022
22201 Building Violation Closed San Carlos 2 NE of 12th Work without permit. Removal of closets/bedroom remodeling &
misc. electrical. Obtained permit,
case closed
8/24/2022 10/14/2022
22200 Building Violation Open Oak Knoll 4 NE of Forest Exceeded scope of work on approved permit 21-061 as a
result of water damage. Need
approvals for additional windows,
new roofing, new siding, front
entry renovations, new exterior
stairs. All of which require a
design review approval. On the
planning commission meeting
agenda for November.
8/25/2022
Page: 3 of 3
22199 Building Violation Open Torres 4 NE of 3rd Installation of @ 9 skylights that requires a building permit/design
review prior to building permit.

Applied for permit on 9-29-22,
and awaiting design review.
8/26/2022
22198 Short-term Rental 1st NOV sent SEC Carmelo and 12th Illegal STR 10/14/2022 22197 Building Violation Closed Same Unpermitted Bathroom Remodel=Obtained Permit case
closed.
9/19/2022 10/14/2022
22196 Right of way Violation 1st NOV sent NE Corner San Antonio and 13th Sight Line encroachment/ROW 10/13/2022 22195 Short-term Rental Closed 24904 Valley Way Illegal STR 10/9/2022 10/11/2022 22194 Short-term Rental Closed Casanova 7 SE 2nd Illegal STR 10/11/2022 10/11/2022 22193 Short-term Rental Closed Santa Fe 5 SE of 3rd Illegal STR 10/9/2022 10/11/2022 22192 Open Ocean Courtyard Sandwich Sign 10/9/2022
22191 Right of way Violation Open Monte Verde 2 SE 5th Portable Toilet in ROW/Street 10/6/2022 10/7/2022 22190 Right of way Violation Closed Camino De Monte 4 NW of San Carlos
Construction Vehicle in No
Parking area
10/4/2022 10/4/2022
Total Records: 35 11/8/2022
Page: 1 of 2
Transient Rental Report
01/01/2022 - 10/31/2022
Case # Street Status Date Received Last Status Date Date Closed 22220 Junipero 1st NOV sent 10/21/2022 10/22/2022
22219 Carpenter 1st NOV sent 10/21/2022 10/22/2022
22218 Perry Newberry 1st NOV sent 10/21/2022 10/22/2022 22217 5th Ave 1st NOV sent 10/21/2022
22216 Junipero 1st NOV sent 10/21/2022 10/22/2022 10/22/2022 22213 Junipero 1st NOV sent 10/20/2022 10/21/2022
22211 Mission 1st NOV sent 10/20/2022 10/21/2022
22206 Alta STR verified 10/17/2022 10/17/2022
22198 Carmelo 1st NOV sent 10/14/2022 10/14/2022
22195 Valley Way Closed 10/9/2022 10/11/2022 10/11/2022 22194 Casanova Closed 10/11/2022 10/11/2022 10/11/2022
22193 Santa Fe Closed 10/9/2022 10/10/2022 10/11/2022
22184 Santa Fe Closed 9/25/2022 9/25/2022 9/26/2022
22183 San Antonio Closed 9/25/2022 11/4/2022 10/28/2022 22177 Santa Fe 1st NOV sent 9/10/2022 9/11/2022
22176 Lobos 1st NOV sent 9/10/2022 9/10/2022
22175 Junipero Closed 9/10/2022 9/30/2022 9/30/2022
22167 Mountain View Closed 8/30/2022 8/30/2022 10/26/2022 22164 San Carlos Closed 8/25/2022 9/29/2022 10/27/2022
22163 Monte Verde Closed 8/17/2022 9/6/2022 9/6/2022
22151 Forest Closed 7/21/2022 8/30/2022 8/30/2022
22146 Carmelo Closed 7/20/2022 9/14/2022 9/14/2022
22138 Casanova Closed 7/5/2022 7/5/2022 9/2/2022
Page: 2 of 2
22134 Junipero Closed 6/28/2022 8/3/2022 8/3/2022
22133 Junipero Closed 6/27/2022 7/1/2022 8/3/2022
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
Total Records: 43 11/10/2022
Page: 1 of 3
Encroachment Permit Report
10/01/2022 - 10/31/2022
Permit # Permit Type Date
Submitted
Project Description Property Location Date Issued Status 220237 Temp Ench 10/25/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
Perry Newberry 3 NW of
5th
10/25/2022 Issued
220236 Temp Ench 10/24/2022 Replace sewer lateral from back of property to the city main located on 13th St with
trenchless pipe-bursting. Contact: Edgar's
Plumbing (831) 601-5557
Lincoln 2 NW of 13th 10/25/2022 Approved
220235 Temp Ench 10/24/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
SW Corner of San Carlos &
8th
10/24/2022 Issued
220234 POD 10/21/2022 Place POD container on the side of the house in public right of way for moving. Contact:

Trudy Harmon (831) 601-2343
San Carlos 2 NW of 12th 10/25/2022 Issued
220233 Temp Ench 10/20/2022 Excavate & install conduit for PG&E electrical services. Contact: RK Wilson Plumbing (831)
915-1101
Monte Verde 2 NE of
Santa Lucia
10/24/2022 Issued
220232 Temp Ench 10/20/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
Perry Newberry 2 NW of
5th
10/20/2022 Issued
220231 Temp Ench 10/19/2022 Tree removal in the right of way. Contact:

Sweety Mistry (510) 920-6875
Carpenter St between 1st
and 2nd
In Review
220230 Temp Ench 10/19/2022 Excavate to expose the main gas line on the street for PG&E to install a lateral gas line.

Contact: Gansek, Inc (510) 486-1280
Monte Verde 2 NE of
Santa Lucia
10/19/2022 Issued
220229 Temp Ench 10/18/2022 Connect paver driveway (Calstone, Quarry Stone & Bullnose Style in Rustic Yellowstone)
to edge of street, remove (e) asphalt shoulder
and install new DG path at gate. Contact: Craig
Holdren (831) 277-8605
Carmelo 3 SW of 9th 11/1/2022 Approved
Page: 2 of 3
220228 Temp Ench 10/5/2022 Create a drive-in area to the backyard. Install a new double gate to allow access to the
backyard for equipment as needed for entirety
of construction. CONDITION: GATE AND DRIVEIN AREA TO BE TEMPORARY AND BE REMOVED

AND RESTORED UPON COMPLETION OF
PROJECT. GABION ROCK OR A SHAKER RACK TO

BE ON TEMPORARY DRIVEWAY TO PREVENT
DIRT AND DEBRIS FROM ENTERING ROADWAY.

DAILY SWEEPING OF DIRT DEBRIS OFF STREET.

Contact: Kazarian Custom Homes (559) 273-
9292
NW Corner of Monte
Verde & Santa Lucia
10/17/2022 In Review
220227 Temp Ench 10/17/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
Carmelo 3 SW of 9th 10/17/2022 Issued
220226 Temp Ench 10/17/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
Lobos Between 2nd & 3rd 10/17/2022 Issued
220225 Temp Ench 10/17/2022 Installation of trailer in sidewalk area for removal of roof shingles. Contact: Go West
Roofing (831) 905-4950
San Carlos 2 NW of 6th 10/17/2022 Issued
220224 Temp Ench 10/17/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
Lincoln between 8th & 9th 10/17/2022 Issued
220223 Temp Ench 10/17/2022 Replace sewer lateral using pipe bursting.

CONDITION: FINAL RESTORATION IS REQUIRED
TO BE CONCRETE AT LEAST 6" THICK COLORED
WITH "SEQUOIA SAND" CONCRETE DYE.

Contact: Rooter King (831) 394-5315
San Carlos 2 NE of 8th 10/17/2022 Issued
220222 Temp Ench 10/12/2022 Reservation of two parking spaces at the SW Corner of Dolores & 6th for large moving truck.

Contact: Lora Speck (831) 308-0790
6th 2 SW of Dolores In Review
220221 Temp Ench 10/11/2022 20'x18' asphalt patch for Cal Am job #1187.

Contact: Coastal Paving & Excavating (831)
262-1425
Junipero 8 SE of 8th 10/12/2022 Issued
Page: 3 of 3
220220 Perm Ench 10/11/2022 Build wood retaining wall to contain city soil from entering drainage system. Wall to be
faced with existing stone.

Mission 5 SE of 10th In Review
220219 Temp Ench 10/10/2022 Replace 18' of 4" sewer line at the street 4' deep. Connect to (e) clay sewer and install
BWV. Contact: Chris Wilson Plumbing &
Heating (831) 393-9321
SE Corner of Junipero &
10th
10/11/2022 Issued
220218 Temp Ench 10/10/2022 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
SW Corner of Lincoln &
8th
10/10/2022 Issued
220217 Temp Ench 10/10/2022 7'x7' asphalt patch for CalAm Job #1116.

Contact: Coastal Paving & Excavating (831)
262-1425
Casanova 2 NE of 7th 10/10/2022 Issued
220216 Temp Ench 10/3/2022 Use small crane to remove and replace two 440lb (each) rooftop condensing units. Crane
lift to take approximately 2 hours and will be
performed prior to bank opening. CONDITION:

SIGN REQUIRED TO BE PLACED ON MISSION
STATING "RED EAGLE ALLEY IS CLOSED".

Contact: Mesa Energy Systems (559) 277-7900
San Carlos 2 SE of Ocean 10/25/2022 Issued
220215 Temp Ench 10/3/2022 Reservation of two parking stall areas for two different times. 4 Parking spaces along Camino
Real from 10/31/22 - 1/27/23. 6 spaces along
8th from 1/23/23 to 6/16/23. Contact:

Ausonio, Inc. (831) 633-3371
SW Corner of Camino Real
& 8th
10/5/2022 Issued
220214 Temp Ench 10/3/2022 Replace sewer lateral using pipe bursting.

CONDITION: LOPEZ MUST REMAIN OPEN AT

ALL TIMES FOR RESIDENT AND EMERGENCY
VEHICLE ACCESS. Contact: Rooter King (831)
394-5315
Lopez 12 NE of 4th 10/3/2022 Issued
Total Records: 24 11/8/2022

CITY OF CARMEL-BY-THE-SEA
Monthly Report
October 2022
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Alan Ward, Public Safety Director
SUBMITTED DATE: November 18, 2022
APPROVED BY: Chip Rerig, City Administrator

AMBULANCE REPORT
Summary of Carmel Fire Ambulance August Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls in the City of Carmel-by-the-Sea with a response time of 5 minutes or less from dispatch to arrival is 95%.

For the month of October 2022 the ambulance met the performance measure. The response time was

96.87% with (1) code-3 calls over 5 minutes.
32 Calls for service in CBTS Average response time: 2:56 min. 31 Code 2 calls for service –One call over 5:00 min. response 10/25/22; 1:24 am; (5:41 min); Lincoln St/ 7th (Early morning response)

MONTEREY FIRE REPORT
Summary of Monterey Fire August 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 October 2022 the fire department met the performance measure. The response time was 95% with (2) code-3 calls over 5 minutes.
62 total calls for service in CBTS Average response time: 3:52 min. 43 total Code-3 calls – There were 2 responses over 5:00 min.

BEACH FIRES
There was one beach fire recorded during the month of October 2022.

Attachment 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Medical assist, assist EMS crew 10/2/2022 12:19 PM 221002-MNT06870 0:01:36 OCEAN AVE DOLORES ST 3 Medical assist, assist EMS crew 10/31/2022 5:56 PM 221031-MNT07584 0:02:47 MISSION ST 4TH AVE 3 Medical assist, assist EMS crew 10/19/2022 8:15 PM 221019-MNT07296 0:03:17 1ST AVE JUNIPERO AVE 3 Medical assist, assist EMS crew 10/19/2022 5:51 PM 221019-MNT07292 0:03:51 JUNIPERO AVE 1ST AVE 3 Medical assist, assist EMS crew 10/24/2022 10:36 PM 221024-MNT07403 0:04:27 CARPENTER ST 2ND AVE 3 Medical assist, assist EMS crew 10/20/2022 3:52 AM 221020-MNT07302 0:04:42 SAN CARLOS ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 10/15/2022 1:18 PM 221015-MNT07185 0:00:05 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 10/8/2022 1:11 PM 221008-MNT07015 0:00:07 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 10/13/2022 10:49 AM 221013-MNT07127 0:01:31 SANTA FE ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 10/5/2022 7:02 PM 221005-MNT06942 0:01:39 MONTE VERDE ST OCEAN AVE 2 EMS call, excluding vehicle accident with injury 10/9/2022 5:17 PM 221009-MNT07038 0:01:48 SAN CARLOS ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 10/10/2022 1:31 PM 221010-MNT07061 0:02:19 DOLORES ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 10/26/2022 1:20 PM 221026-MNT07444 0:02:22 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 10/22/2022 8:27 PM 221022-MNT07364 0:02:23 5TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 10/29/2022 12:23 PM 221029-MNT07519 0:02:35 LINCOLN ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 10/27/2022 8:56 AM 221027-MNT07460 0:02:42 SAN CARLOS ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 10/8/2022 4:55 PM 221008-MNT07022 0:02:45 LINCOLN ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 10/7/2022 2:08 AM 221007-MNT06973 0:02:57 LINCOLN ST 6TH AVE 3 EMS call, excluding vehicle accident with injury 10/7/2022 10:56 PM 221007-MNT07003 0:02:58 OCEAN AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 10/10/2022 4:09 PM 221010-MNT07065 0:03:02 CAMINO REAL ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 10/28/2022 9:30 PM 221028-MNT07503 0:03:08 CAMINO REAL ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 10/30/2022 6:36 AM 221030-MNT07546 0:03:11 LINCOLN ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 10/15/2022 8:12 AM 221015-MNT07175 0:03:14 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 10/23/2022 12:13 AM 221023-MNT07370 0:03:23 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 10/27/2022 6:23 PM 221027-MNT07473 0:03:24 LINCOLN ST 2ND AVE 3 EMS call, excluding vehicle accident with injury 10/18/2022 5:40 AM 221018-MNT07241 0:03:37 DOLORES ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 10/25/2022 2:10 PM 221025-MNT07423 0:03:37 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 10/25/2022 1:23 AM 221025-MNT07408 0:03:42 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 10/1/2022 2:07 AM 221001-MNT06836 0:03:49 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 10/11/2022 4:31 PM 221011-MNT07088 0:04:29 SCENIC RD 8TH AVE 3 EMS call, excluding vehicle accident with injury 10/25/2022 8:52 PM 221025-MNT07428 0:04:44 FOREST RD 8TH AVE 2

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 00/01/2022 To: 00/30/2022
22 10 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) cont.

EMS call, excluding vehicle accident with injury 10/31/2022 3:23 PM 221031-MNT07580 0:06:48 26010 RIDGEWOOD RD 3 32 0:03:02
322-399 Series (Rescues)
Search for person in water 10/21/2022 11:50 PM 221021-MNT07345 0:03:19 SCENIC RD SANTA LUCIA AVE 3 Removal of victim(s) from stalled elevator 10/12/2022 12:09 PM 221012-MNT07105 0:01:15 OCEAN AVE SAN CARLOS ST 2 Rescue or EMS standby 10/27/2022 7:45 PM 221027-MNT07474 0:03:38 JUNIPERO AVE CAMINO DEL MONTE 2 3 0:02:44
400 Series (Hazardous Material)
Electrical wiring/equipment problem, other 10/14/2022 9:49 AM 221014-MNT07152 0:04:14 MONTE VERDE ST 5TH AVE 3 Power line down 10/21/2022 9:19 AM 221021-MNT07323 0:05:27 LINCOLN ST 10TH AVE 3 2 0:04:51
500 & 600 Series (Service Calls)
Excessive heat, scorch burns with no ignition 10/7/2022 11:55 PM 221007-MNT07005 0:03:21 4TH AVE SANTA FE ST 3 Service Call, other 10/31/2022 8:02 PM 221031-MNT07586 0:04:12 26210 DOLORES ST 3 Water or steam leak 10/12/2022 11:37 AM 221012-MNT07104 0:00:03 6TH AVE SAN CARLOS ST 3 Water or steam leak 10/29/2022 1:13 AM 221029-MNT07508 0:02:43 SAN CARLOS ST 7TH AVE 2 Water or steam leak 10/6/2022 9:00 AM 221006-MNT06951 0:03:23 MONTE VERDE ST 2ND AVE 2 Water or steam leak 10/22/2022 7:00 PM 221022-MNT07363 0:05:19 DOLORES ST 3RD AVE 2 Water or steam leak 10/23/2022 11:18 AM 221023-MNT07377 0:06:03 SCENIC RD 10TH AVE 2 Water or steam leak 10/28/2022 10:05 AM 221028-MNT07484 0:06:31 MONTE VERDE ST SANTA LUCIA AVE 2 Animal rescue 10/19/2022 11:44 PM 221019-MNT07299 0:08:31 SANTA FE ST OCEAN AVE 2 Police matter 10/7/2022 11:59 PM 221007-MNT07006 0:02:53 DOLORES ST OCEAN AVE 3 Public service 10/28/2022 5:22 PM 221028-MNT07497 0:06:26 CASANOVA ST 13TH AVE 2 Assist invalid 10/10/2022 3:45 PM 221010-MNT07063 0:00:14 6TH AVE MISSION ST 2 Assist invalid 10/21/2022 12:51 PM 221021-MNT07328 0:03:45 JUNIPERO AVE 1ST AVE 2 Assist invalid 10/27/2022 8:44 AM 221027-MNT07458 0:03:58 25945 JUNIPERO ST 2 Assist invalid 10/11/2022 2:08 PM 221011-MNT07085 0:05:00 CARMELO 9TH 2 Assist invalid 10/12/2022 9:57 AM 221012-MNT07102 0:10:23 12TH AVE CASANOVA ST SW CORNER 2 Good intent call, other 10/13/2022 10:05 AM 221013-MNT07125 0:06:14 RIO RD SANTA LUCIA AVE 2 Dispatched & canceled en route 10/19/2022 1:37 PM 221019-MNT07282 0:03:49 CASANOVA ST 12TH AVE 3 Dispatched & canceled en route 10/7/2022 1:07 AM 221007-MNT06972 0:23:27 CARMELO ST 9TH AVE 2 No incident found on arrival at dispatch address 10/24/2022 6:59 PM 221024-MNT07399 0:01:53 DOLORES ST OCEAN AVE 3 No incident found on arrival at dispatch address 10/14/2022 8:05 PM 221014-MNT07167 0:02:06 OCEAN AVE LINCOLN ST 3 21 0:05:15
700 Series (False Alarms)
Smoke detector activation due to malfunction 10/9/2022 6:19 PM 221009-MNT07043 0:03:50 10TH AVE CASANOVA ST 2 Alarm system activation, no fire - unintentional 10/2/2022 7:59 PM 221002-MNT06882 0:03:13 LINCOLN ST 7TH AVE 3 Alarm system activation, no fire - unintentional 10/21/2022 1:42 PM 221021-MNT07330 0:03:19 DOLORES ST 7TH AVE 3 Alarm system activation, no fire - unintentional 10/29/2022 1:16 PM 221029-MNT07522 0:03:32 CASANOVA ST 13TH AVE 3 4 0:03:29
22 10 Carmel Fire Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Code 2 Calls 19
Code 3 Calls 43
62 95%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
221031-MNT07580 Delay due to Halloween Parade on Ocean Avenue 221021-MNT07323 Delay due to traffic congestion
22 10 Carmel Fire Activity Report.xlsx 3
Type of Call Number Average Response Time
Fire 0 0:00
EMS 32 3:02
Rescue 3 2:44
Hazardous Condition 2 4:51
Service Calls 21 5:15
Severe Weather 0 0:00
False Call 4 3:29
Total Responses 62 3:52
Total Code 3 Calls: 43
Response Times for Code 3
Calls ≤ 5 minutes: 95%

CARMEL-BY-THE-SEA
OCTOBER 2022
Response Summary Report by Incident Type
Fire
0%
EMS
52%
Rescue
5%
Hazardous Condition
3%
Service Calls
34%
Severe
Weather
0%
False Call
6%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\22 10 Carmel Fire Response Summary.xlsx 11/8/2022

INCIDENT PRIORITY DATE ALARM ARRIVAL RESPONSE CALL CLEARED 221001-CFA01376 Emergent 10/1/2022 2:07:45 AM 2:10:30 AM 0:02:45 2:45:33 AM LINCOLN ST / 7TH AV 221002-CFA01380 Emergent 10/2/2022 2:14:25 AM 2:17:35 AM 0:03:10 2:20:19 AM TORRES ST / 11TH AV 221002-CFA01381 Emergent 10/2/2022 12:21:01 PM 12:22:51 PM 0:01:50 1:32:15 PM OCEAN AVE / DOLORE 221005-CFA01392 Emergent 10/5/2022 7:02:51 PM 7:06:55 PM 0:04:04 7:20:53 PM MONTE VERDE ST / O 221007-CFA01396 Non-Emergen10/7/2022 1:08:13 AM 1:12:49 AM 0:04:36 1:47:22 AM CARMELO ST / 9TH AV 221007-CFA01397 Emergent 10/7/2022 2:09:55 AM 2:14:55 AM 0:05:00 2:59:55 AM LINCOLN ST / 6TH AV 221007-CFA01403 Emergent 10/7/2022 10:56:46 PM 10:59:45 PM 0:02:59 11:40:00 PM OCEAN AVE / LINCOL 221007-CFA1403B Emergent 10/7/2022 10:56:46 PM 10:59:45 PM 0:02:59 11:40:00 PM OCEAN AVE AND LINC 221008-CFA01407 Emergent 10/8/2022 1:11:45 PM 1:11:52 PM 0:00:07 2:35:11 PM 6TH AVE / MISSION S 221008-CFA01408 Emergent 10/8/2022 4:56:30 PM 4:58:36 PM 0:02:06 5:57:48 PM LINCOLN ST / OCEAN 221009-CFA01410 Emergent 10/9/2022 5:18:56 PM 5:20:32 PM 0:01:36 5:25:00 PM SAN CARLOS ST / 4TH 221010-CFA01413 Emergent 10/10/2022 1:31:55 PM 1:33:20 PM 0:01:25 2:25:00 PM DOLORES ST / 7TH AV 221010-CFA01415 Emergent 10/10/2022 4:10:25 PM 4:13:14 PM 0:02:49 4:52:41 PM CAMINO REAL ST / 8T 221011-CFA01419 Emergent 10/11/2022 2:11:00 PM 2:15:00 PM 0:04:00 2:24:00 PM CARMELO ST. 4SW O 221011-CFA01420 Emergent 10/11/2022 4:32:18 PM 4:36:24 PM 0:04:06 5:05:00 PM SCENIC RD / 8TH AVE 221013-CFA01429 Non-Emergen10/13/2022 7:42:56 PM 7:45:13 PM 0:02:17 8:20:00 PM MONTE VERDE ST / O 221015-CFA01434 Emergent 10/15/2022 8:12:59 AM 8:15:33 AM 0:02:34 9:00:00 AM JUNIPERO AVE / 5TH 221015-CFA01437 Emergent 10/15/2022 1:34:24 PM 1:36:00 PM 0:01:36 2:35:00 PM 6TH AVE / MISSION S 221018-CFA01442 Emergent 10/18/2022 5:41:28 AM 5:44:49 AM 0:03:21 6:45:00 AM DOLORES ST / 3RD A 221019-CFA01452 Emergent 10/19/2022 5:52:19 PM 5:56:05 PM 0:03:46 6:23:09 PM JUNIPERO AVE / 1ST 221019-CFA01453 Emergent 10/19/2022 8:15:42 PM 8:18:14 PM 0:02:32 8:55:00 PM 1ST AVE / JUNIPERO 221020-CFA01454 Emergent 10/20/2022 3:53:52 AM 3:58:04 AM 0:04:12 4:36:23 AM SAN CARLOS ST / 12T 221024-CFA01469 Emergent 10/24/2022 10:37:57 PM 10:42:39 PM 0:04:42 10:48:46 PM CARPENTER ST / 2ND 221025-CFA01470 Emergent 10/25/2022 1:24:14 AM 1:29:55 AM 0:05:41 2:15:00 AM LINCOLN AND 7TH 221026-CFA01481 Emergent 10/26/2022 4:23:50 PM 4:26:45 PM 0:02:55 5:21:58 PM CASANOVA ST / 10TH 221027-CFA01484 Emergent 10/27/2022 8:56:49 AM 8:58:21 AM 0:01:32 10:30:00 AM SAN CARLOS ST / 13T 221027-CFA01487 Emergent 10/27/2022 6:24:34 PM 6:27:58 PM 0:03:24 7:15:46 PM LINCOLN ST / 2ND AV 221027-CFA01488 Emergent 10/27/2022 7:46:11 PM 7:48:30 PM 0:02:19 8:40:00 PM JUNIPERO AVE / CAM 221028-CFA01495 Emergent 10/28/2022 9:31:37 PM 9:34:43 PM 0:03:06 10:07:48 PM CAMINO REAL ST / 8T 221029-CFA01497 Emergent 10/29/2022 12:23:40 PM 12:26:33 PM 0:02:53 1:27:07 PM LINCOLN ST / OCEAN 221030-CFA01500 Emergent 10/30/2022 6:36:46 AM 6:40:05 AM 0:03:19 7:38:11 AM LINCOLN ST / 5TH AV 221031-CFA01503 Emergent 10/31/2022 5:57:36 PM 5:57:54 PM 0:00:18 6:33:45 PM MISSION ST / 4TH AV NUMBER OF EMS INCIDENTS 32 0:02:56

INCIDENT PRIORITY DATE ALARM ARRIVAL RESPONSE CALL CLEARED 221002-CFA01384 Emergent 10/2/2022 8:00:08 PM 8:03:54 PM 0:03:46 8:05:05 PM LINCOLN ST / 7TH AV 221006-CFA01393 Non-Emergen10/6/2022 9:01:22 AM 9:06:02 AM 0:04:40 9:50:47 AM MONTE VERDE ST / 2 221010-CFA01414 Emergent 10/10/2022 3:45:46 PM 3:45:51 PM 0:00:05 3:48:26 PM 6TH AVE / MISSION S 221014-CFA01431 Non-Emergen10/14/2022 9:50:31 AM 9:54:36 AM 0:04:05 10:03:57 AM MONTE VERDE ST / 5 221014-CFA01433 Emergent 10/14/2022 8:06:07 PM 8:07:51 PM 0:01:44 8:19:25 PM OCEAN AVE / LINCOL 221019-CFA01448 Emergent 10/19/2022 1:38:36 PM 1:41:45 PM 0:03:09 1:47:37 PM CASANOVA ST / 12TH 221021-CFA01459 Emergent 10/21/2022 1:43:53 PM 1:46:39 PM 0:02:46 1:50:57 PM DOLORES ST / 7TH AV 221021-CFA01462 Emergent 10/21/2022 11:51:53 PM 11:58:40 PM 0:06:47 12:54:26 AM SCENIC RD / SANTA 221023-CFA01464 Non-Emergen10/23/2022 11:19:23 AM 11:24:20 AM 0:04:57 11:34:24 AM SCENIC RD / 10TH AV 221027-CFA01483 Non-Emergen10/27/2022 8:45:49 AM 8:50:07 AM 0:04:18 8:52:45 AM 25945 JUNIPERO ST 221028-CFA01490 Emergent 10/28/2022 10:06:29 AM 10:11:10 AM 0:04:41 10:12:46 AM MONTE VERDE ST / S 221029-CFA01496 Non-Emergen10/29/2022 1:14:33 AM 1:19:03 AM 0:04:30 1:25:57 AM SAN CARLOS ST / 7TH

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Dates: 10/01/2022 to 10/31/2022
STREET

MEDICAL RESPONSES CARMEL CITY

AVERAGE RESPONSE

FIRE RESPONSES CARMEL CITY
STREET
Attachment 3
221031-CFA01504 Emergent 10/31/2022 8:03:52 PM 8:08:01 PM 0:04:09 8:15:15 PM 26210 DOLORES ST NUMBER OF FIRE INCIDENTS 13 0:03:49
TOTAL CARMEL CITY INCIDENTS 45 0:03:11

INCIDENT PRIORITY DATE ALARM ARRIVAL RESPONSE CALL CLEARED

CARMEL HIGHLANDS
221001-CFA01377 AmEmergenAm 10/1/2022 A 7:56:22 AM Amb8:08:01 AM 0:11:39 8:19:12 AM 30601 HWY 1 221002-CFA01385 AmEmergenAm 10/2/2022 A 8:14:13 PM Amb8:22:53 PM 0:08:40 8:50:18 PM 20 YANKEE POINT DR 221016-CFA01441 AmEmergenAm 10/16/2022 A 1:44:57 PM Amb1:54:04 PM 0:09:07 2:03:00 PM 74 SPRUCE WAY 221018-CFA01443 AmEmergenAm 10/18/2022 A 9:51:37 AM Amb10:03:07 AM 0:11:30 10:37:17 AM 34500 HWY 1 221024-CFA01468 AmEmergenAm 10/24/2022 A 6:09:18 PM Amb6:19:14 PM 0:09:56 7:21:57 PM 92 CORONA RD 221030-CFA01501 AmEmergenAm 10/30/2022 A 5:35:48 PM Amb5:46:07 PM 0:10:19 6:09:24 PM 199 UPPER WALDEN Subtotal 6 Average Response Time 0:10:12

CYPRESS FIRE
221001-CFA01378 Emergent 10/1/2022 4:05:35 PM 4:09:06 PM 0:03:31 5:05:02 PM 3600 OCEAN AVE 221003-CFA01386 Emergent 10/3/2022 5:24:53 AM 5:31:36 AM 0:06:43 6:03:18 AM 26262 CARMELO ST 221004-CFA01387 Emergent 10/4/2022 12:21:48 AM 12:29:19 AM 0:07:31 12:44:42 AM 3600 HIGH MEADOW 221004-CFA01388 Non-Emergen10/4/2022 11:27:51 AM 11:37:14 AM 0:09:23 12:45:00 PM 26460 VIA MALLORCA 221006-CFA01394 Emergent 10/6/2022 12:01:22 PM 12:08:20 PM 0:06:58 12:20:58 PM 4060 ARROYO TRL 221006-CFA01395 Emergent 10/6/2022 12:21:32 PM 12:26:13 PM 0:04:41 12:42:41 PM HWY 1 / S CARMEL HI 221008-CFA01405 Emergent 10/8/2022 11:12:10 AM 11:23:43 AM 0:11:33 12:28:47 PM 25390 CARMEL KNOL 221010-CFA01412 Non-Emergen10/10/2022 8:30:29 AM 8:36:52 AM 0:06:23 9:00:59 AM 26245 CARMEL RANC 221010-CFA01416 Emergent 10/10/2022 7:28:29 PM 7:34:16 PM 0:05:47 8:30:00 PM 26245 CARMEL RANC 221011-CFA01417 Emergent 10/11/2022 1:07:02 AM 1:14:04 AM 0:07:02 1:54:53 AM 3665 RIO RD 221011-CFA01418 Emergent Do 10/11/2022 1:26:15 PM 1:30:00 PM 0:03:45 2:11:34 PM 26245 CARMEL RANC 221013-CFA01423 Non-Emergen 10/13/2022 8:35:43 AM 8:44:06 AM 0:08:23 9:04:26 AM 25255 PINE HILLS DR 221013-CFA01428 Non-Emergen10/13/2022 4:53:34 PM 5:00:02 PM 0:06:28 5:45:20 PM 3650 RIO RD 221014-CFA01430 Emergent 10/14/2022 5:35:51 AM 5:42:03 AM 0:06:12 6:46:04 AM 26346 RIVER PARK PL 221014-CFA01432 Emergent 10/14/2022 2:16:20 PM 2:26:10 PM 0:09:50 3:00:00 PM 590 VIEJO RD 221019-CFA01447 Emergent 10/19/2022 11:56:11 AM 12:06:21 PM 0:10:10 12:30:44 PM 4145 SEGUNDA DR 221019-CFA01450 Emergent 10/19/2022 3:33:31 PM 3:37:01 PM 0:03:30 4:13:55 PM 24758 UPPER TRL 221019-CFA01451 Emergent 10/19/2022 5:27:49 PM 5:32:59 PM 0:05:10 5:41:09 PM 3665 RIO RD 221023-CFA01465 Emergent 10/23/2022 6:41:59 PM 6:47:26 PM 0:05:27 6:50:24 PM 25155 FLANDERS DR 221025-CFA01474 Emergent 10/25/2022 1:45:56 PM 1:50:03 PM 0:04:07 2:44:30 PM 3574 OLIVER RD 221026-CFA01482 Emergent 10/26/2022 6:07:14 PM 6:11:38 PM 0:04:24 6:19:54 PM 555 CARMEL RANCHO 221026-CFA01480 Emergent 10/26/2022 3:20:00 PM 3:25:30 PM 0:05:30 3:59:53 PM 4860 CARMEL VALLEY 221025-CFA01471 Emergent 10/25/2022 10:41:52 AM 10:46:24 AM 0:04:32 10:50:00 AM 3640 RIO RD 221027-CFA01485 Emergent 10/27/2022 10:45:38 AM 10:50:59 AM 0:05:21 10:54:17 AM 26408 MISSION FIELD 221016-CFA01440 Emergent 10/16/2022 1:16:12 PM 1:21:00 PM 0:04:48 1:33:00 PM 246 CROSSROADS BL Subtotal 25 Average Response Time 0:06:17

PEBBLE BEACH
221013-CFA01422 AmEmergenAm 10/13/2022 A 12:55:21 AM Amb1:04:47 AM 0:09:26 1:42:00 AM 1406 CANTERA CT 221015-CFA01435 AmNon-EmeAm 10/15/2022 A 9:18:36 AM Amb9:28:00 AM 0:09:24 10:35:00 AM 1683 CRESPI LN 221015-CFA01436 AmEmergenAm 10/15/2022 A 12:27:12 PM Amb12:33:00 PM 0:05:48 2:00:00 PM 3152 FOREST LAKE R 221023-CFA01463 AmEmergenAm 10/23/2022 A 10:15:49 AM Amb10:22:35 AM 0:06:46 11:13:35 AM 3210 MACOMBER DR 221028-CFA01494 AmEmergenAm 10/28/2022 A 4:50:19 PM Amb5:01:32 PM 0:11:13 6:57:37 PM 1247 PADRE LN

INCIDENT

CYPRESS FIRE

INCIDENT

RESPONSES BY DISTRICT

TOTAL AVERAGE RESPONSE TIME
STREET
Carmel Highlands

INCIDENT

AVERAGE RESPONSE
Attachment 3
221028-CFA01494 AmEmergenAm 10/28/2022 A 4:50:19 PM Amb5:01:32 PM 0:11:13 6:57:37 PM 1247 PADRE LN 221029-CFA01498 AmEmergenAm 10/29/2022 A 1:57:20 PM Amb2:08:19 PM 0:10:59 3:13:27 PM SEVENTEEN MILE DR 221031-CFA01502 AmEmergenAm 10/31/2022 A 9:20:46 AM Amb9:27:53 AM 0:07:07 10:05:00 AM 3200 PALMERO WAY Subtotal 8 Average Response Time 0:08:59

PACIFIC GROVE
221002-CFA01379 Emergent 10/2/2022 1:05:06 AM 1:16:48 AM 0:11:42 2:05:35 AM 1229 DAVID AVE 221007-CFA01398 Emergent 10/7/2022 7:08:32 AM 7:21:12 AM 0:12:40 7:38:08 AM 1002 HILLSIDE AVE 221007-CFA01401 Emergent 10/7/2022 4:12:53 PM 4:25:07 PM 0:12:14 4:45:00 PM 1229 DAVID AVE 221008-CFA01404 Emergent 10/8/2022 2:01:12 AM 2:20:52 AM 0:19:40 2:40:13 AM 210 GROVE ACRE AVE 221021-CFA01457 Emergent 10/21/2022 9:28:31 AM 9:38:38 AM 0:10:07 10:23:26 AM 2925 DAVID AVE 221026-CFA01477 Emergent 10/26/2022 6:50:00 AM 7:02:00 AM 0:12:00 7:59:00 AM 13TH ST / LIGHTHOU Subtotal 6 Average Response Time 0:13:04
MARINA
221021-CFA01458 Emergent 10/21/2022 12:15:29 PM 12:31:40 PM 0:16:11 1:14:42 PM 205 HAYES CIR 221021-CFA01461 Emergent 10/21/2022 6:18:38 PM 6:32:41 PM 0:14:03 7:59:00 PM 503 WARRELMAN CT Subtotal 2 Average Response Time 0:14:03

MID COAST
221005-CFA01389 Emergent 10/5/2022 8:55:19 AM 9:11:54 AM 0:16:35 11:01:35 AM 38751 HWY 1 221018-CFA01443 Emergent 10/18/2022 9:51:00 AM 10:03:00 AM 0:12:00 10:37:00 AM 34500 HIGHWAY 1 Subtotal 2 Average Response Time 0:14:17

MONTEREY
221029-CFA01499 Emergent 10/29/2022 6:36:19 PM 6:42:54 PM 0:06:35 7:36:14 PM 1425 MUNRAS AVE 221013-CFA01425 Emergent 10/13/2022 10:31:16 AM 10:33:04 AM 0:01:48 10:49:39 AM 505 RAMONA AVE 221019-CFA01446 Emergent 10/19/2022 6:24:48 AM 6:35:10 AM 0:10:22 7:26:36 AM 1501 SKYLINE DR 221026-CFA01479 Emergent 10/26/2022 12:38:20 PM 12:45:00 PM 0:06:40 1:22:06 PM 966 CARMELO ST 221025-CFA01473 Emergent 10/25/2022 11:21:19 AM 11:25:55 AM 0:04:36 12:29:22 PM 422 ALVARADO ST 221028-CFA01489 Emergent 10/28/2022 5:44:52 AM 5:58:00 AM 0:13:08 6:11:07 AM 5227 REVERE RD 221024-CFA01467 Emergent 10/24/2022 8:56:54 AM 8:59:06 AM 0:02:12 9:49:26 AM 1575 SKYLINE DRIVE Subtotal 7 Average Response Time 0:06:29

SEASIDE/SAND CITY
221007-CFA01400 Emergent 10/7/2022 10:11:42 AM 10:23:17 AM 0:11:35 12:35:27 PM 1532 Fremont Blvd 221019-CFA01449 Emergent 10/19/2022 1:52:38 PM 2:00:30 PM 0:07:52 1:15:00 AM 1350 Del Monte Blvd Subtotal 2 Average Response Time 0:09:43
TOTAL All CALLS 103 0:06:07

INCIDENT

INCIDENT

INCIDENT

MID COAST

INCIDENT

PACIFIC GROVE

TOTAL AVERAGE RESPONSE TIME

SEASIDE/SAND CITY
MARINA

PEBBLE BEACH

MONTEREY

INCIDENT
Attachment 3
request
number
Date
Requested
10‐day
response
date
records requested requestor
date
completed notes
2022‐062 10/6/2022 10/17/2022
permits from Sept 2021 – Oct 2022 and include
criteria below:Permit Number
SITE_ADDR

ISSUED, PERMIT TYPE

PERMIT SUB TYPE
CONTRACTOR_NAME

DESCRIPTION

JOB VALUE
Michelle Zepeda 10/10/2022 CPB sent records
2022‐063 10/12/2022 10/21/2022
Planning Commission Meeting Staff reports,
attachments, videos for the following
meetings: 3‐9‐16, item 2 ‐ DR 16‐32
(Leidig/Draper), 7‐13‐16, Item 3 DR 16‐32/SI 16‐
034 (Leidig/Draper), and 5‐9‐18, Item 2, DR 17‐
482/UP 18‐144 (Leidig/Draper)
Maria Chavez 10/17/2022
Sent staff reports and
attachments. Videos are
pending (sent IT message)
2022‐064 10/7/2022 10/18/2022 Noise Ordinances Mike Tinkey 10/7/2022 records sent 2022‐065 10/17/2022 10/27/2022
the number and information of all current
lawsuits against the city of Carmel.  In addition,
I would like to know how many closed suits
there are either by judgment or settlement
over the last 12 months against the city of
Carmel—also their respective payouts for any
settled lawsuits
Parker Logan 11/23/2022
Deadline extended to
11/10/22 per GC 6253c.

Notified requester
11/15/2022
response/records will be
available soon (pending
legal review). Response
sent 11/23/22
2022‐066 10/17/2022 10/27/2022
PERM EN 22‐042 (Westphal)PERM EN 21‐009
(Sallomi)PERM EN 19‐159 (Henkel)PERM EN 18‐
171 (Oceanview Ventures)PERM EN 18‐132
(Munro)EN 17‐151 (Cordano Family Trust)EN
17‐122 (Harinarayan)EN 15‐038 (OBST
Investments)
Cody Phillips
10/27/2022
and
11/18/2022
Partial Records sent
(PERM EN 22‐042) on
10/27/2022, the rest of
the records were sent
11/18/2022
2022‐067 10/5/2022 10/17/2022
Original permits or drawings for Palo Savings and
Loans Building, at SE corner of 7th and Dolores,
from 1970 or older
Don Goodhue 10/7/2022
left message for
requestor  on 10/7 to
make appt. with CPB to
view documents
2022‐068 10/21/2022 10/31/2022
a copy of Carmel's Employee Compensation
Report for the 2021 calendar year (name,
position, annual salary, regular pay, OT, other
pay, retirement paid by employer, healthcare
empolyer paid benefits)
Transparent
California researcher 11/1/2022 Records sent
2022‐069 10/14/2022 10/24/2022
total benefits/expenses paid monthly to:

Council Member Jeff Baron, December 2018 to
present
Council Member Carrie Theis, December 2018
to present
Council Member Karen Ferlito, December 2020
to present
Mayor Pro‐Tem Bobby Richards, December
2020 to present
Mayor Dave Potter, December 2020 to present
Parker Logan 10/27/2022
Extended deadline to
10/28/2022. Updated
requester on 10/26/22.

Records Sent 10/27/2022.
2022‐070 10/20/2022 10/31/2022 existing plan sets for "Dolores 3 NW of 3rd" Claire Greco 10/26/2022 records sent 2022‐071 10/27/2022 11/7/2022
Original CPRA request from Sept, requesting All
communications between Lyle Coe (or Coe &
Company) and the City of Carmel (all
departments) from March 1, 2022 to today
(Sept 8, 2022), to include all letters, emails,
texts, meeting notes, phone logs, or other
communications to or from Coe or the City.

Sara Rubin 10/27/2022 records sent
2022‐072 10/26/2022 11/7/2022 List of all PRA requests made by candidates (2022) Mary Schley 11/1/2022 records sent 2022‐073 10/25/2022 11/4/2022
1) all vacant lots in CBTS, 2) all "not fit for
occupancy" properties in CBTS, 3) all abandoned
properties in CBTS
Kyle Morrison 11/4/2022 &
11/23/2022
sent response to #1 and
#3 on 11/4/22, sent
response to #2 on
11/23/22
OCTOBER 2022 - PRA REQUEST LOG
Attachment 4

POLICE RECORDS REQUEST LOG
OCTOBER 2022
Attachment 4

CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Works Department Report
October 2022
City Council Meeting of October 4, 2022
• Adopted Resolution 2022-088, awarding a Professional Services Agreement to Schaaf & Wheeler to amend the Storm Drain Master Plan to reflect 20-year storms for climate change, consider flow detention to reduce downstream construction costs, and analyze alternatives for drainage repairs. • Adopted Resolution 2022-089, awarding a three-year, on-call landscape maintenance services contract to sole bidder Town & Country Gardening & Landscaping, with a FY 2022/23 fee of $140,000.

Forest and Beach Commission Meeting of October 13, 2022 • Welcomed new Commissioners Tamara Michie and Kelly Brezoczky. • PG&E Vegetation Program Manager and Public Works Director presented an overview of tree removals in August without prior notification, proper notification protocols, mitigation already taking place, and reasonable additional mitigation that could be imposed as informed by the Coastal Commission.

Commissioners required no additional mitigation provided proper notifications are made going forward. • Notified Commissioners that the final Forest and Beach Commission recommendations regarding additional benches along the Scenic Pathway, and all corresponding documentation, was submitted to the Planning Department for the Planning Commission’s reconsideration. • Released a Stop Work Order at Ninth Avenue, 2 northeast of Lincoln Street, for unauthorized root cutting, for a fee of $2,783, reducing the Forester’s recommended fee of $4,473. • Released a Stop Work Order at San Carlos Street, 4 southeast of Seventh Avenue, for unauthorized root cutting, for a fee of $1,248.
• Authorized removal of one acacia tree, and denied removal of one oak, requested applicant to modify home expansion roof plans, and plant 2 upper canopy trees, at Junipero, 6 northeast of Eighth Avenue. • Modified Forester’s recommendation by authorizing removal of one large Monterey pine, and requiring planting of 2 upper canopy trees, or pay $800 in-lieu fees, at Lobos Street, 5 northeast of Third Avenue. • Authorized removal of 8 oak trees, upon issuance of a Building Permit, and required planting of 5 upper canopy trees spread between two parcels, at Santa Fe Street, 2 southwest of Mountain View. • Authorized removal of 2 oak trees and one eucalyptus tree, upon issuance of a Building Permit, and required replanting of one upper and one lower canopy trees, at Carmelo Street, 4 northeast of Ocean. • Required planting of one upper canopy tree and up to 5 ornamental trees, at the northwest corner of San Antonio Avenue and Ninth Avenue.

Climate Committee Meeting of October 20, 2022
• Meeting Cancelled
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: November 1, 2022
APPROVED BY: Chip Rerig, City Administrator
Attachment 5
Public Works Department Report – October 2022
Administration
• Leo Hernandez was promoted to Facility Maintenance Specialist. • David Saldivar began as a Maintenance Worker in the Streets Division. All 12 field crew positions are now filled for the first time in over five years.
• Incorporated peer review comments received for the draft Request for Proposals for the Scout House Renovation, Activities Programming, and Facility Management Project. Release of the RFP is pending the Operations and Maintenance Agreement template from the City Attorney’s office. • As a partial settlement with Otis Elevator, released the payment of 14 quarterly invoices for dumbwaiter maintenance at the Harrison Memorial Library. Invoices for the Park Branch Library are still in dispute since that dumbwaiter has been out of service for 10 years. • Reviewed the 1st Quarter PW Operating Budget, and determined that the budget will need to be augmented at mid-year for gasoline and facility maintenance materials, and that the budget for facility maintenance contract services is already nearly exhausted. • Met with the Finance Manager to discuss contingency funds for CIP project bids that are projected to come in over budget due to inflation, the reforestation deposit account, and grant reimbursements.

Carmel Cares
• The Downtown Detail continued to make significant downtown beautification improvements. • Continued to coordinate with the Green Cadre, a youth workforce training program sponsored by Monterey County, for various landscaping and park improvement projects. Initial training program and project executions are ready to start, pending approval of liability waivers. • Coordinated the upcoming Phase I landscaping project at Forest Theater with Pac Rep, and continued planning for new picnic tables and pathways for Phase 2. • Received bids for lumber and materials needed for the Scenic Pathway Guardrail Repair Project. • Began researching for restoration of the Bates Mural located next to Nielsen Market. • Cosponsored the Habitat for the Arts event which raised $24,000 for future projects. • Continued to maintain and improve the Scenic Pathway and Forest Theater site, and maintain Vista Lobos Park, Sunset Center grounds, and numerous landscaped medians.

Environmental Programs
• Presented the City’s stormwater quality monitoring program for the Area of Special Biological Significance at the California Stormwater Quality Association (CASQA) Conference in Palm Springs. • Completed and submitted, on time, the highly technical Annual Stormwater Report as required by the State Water Quality Control Board.
• The draft Stormwater Ordinance updates were completed with the City Attorney’s office and forwarded to the Coastal Commission and Water Quality Control Board for comments before the first reading by the City Council.
• Edited and finalized the technical report that summarizes the findings of 4 years of watershed sampling for the Area of Special Biological Significance, noting concerns of dog fecal bacteria and copper. • Coordinated with the Monterey Bay National Marine Sanctuary for dry weather monitoring of our outfall pipelines which discharge to the ocean.
• Following recommendation for approval by the Climate Committee, converted the Coastal Engineering Study $175,000 proposal, submitted by EMC Planning, Integral Consulting, and Haro Kasunich, as outlined in the adopted Climate Adaptation Plan, into a new Professional Services Agreement which is scheduled for Council approval at the November meeting. • Met with PG&E’s consultant to plan for electrical connections for new EV charging stations in the Vista Lobos parking lot. One charging station will be high capacity for the new electric street sweeper. • Sent out announcements for spot-inspections “lid flipping” of waste and recycling containers, to ensure compliance with SB1383.
• The “Weedies” continued their monthly volunteer efforts in the Mission Trail Nature Preserve (MTNP), this month improving the Serra Trail.
• Executed a three-year Professional Services Agreement with Nikki Nedeff for on-call biological services for the MTNP.

Attachment 5
Public Works Department Report – October 2022
Facility Maintenance
• Installed an ADA-compliant drinking fountain with refill station at the Park Branch Library. • Refurbished the ADA call activation system at the Harrison Memorial Library. • Replaced broken windows at the Forest Hill Park restrooms with plexiglass. • Removed heavy old furniture at the Park Branch Library to provide space for new, ergonomic desks. • Installed electrical receptacles for better safety in the basement of the Harrison Memorial Library. • Inspected the First Murphy House, and repaired rotted steps and tested the water heater. • Supported Ausonio with data gathering for various CIP facility renovation projects, such as confirming the condition of the Sunset Center Cottage windows, and carpet used in the Gathering Room project. • Obtained quotes for new, matching office furniture in the Public Works front office for the Environmental, Forestry, and Director’s office. New furniture arrangement will accommodate seven, rather than the existing six, office staff.

Forest Theater
• Pac Rep provided documentation of investing $17,489 for initial capital upgrades, which included the stage floor reconstruction, a rigging system, and electrical upgrades, thus meeting their Lease Agreement obligation.
• Provided a check for $7,660 as revenue to the City for ticket user fees for the last Quarter. • Received the Quarterly Report for the period of July 1 – September 30, 2022. Report noted:
o 39 Performances, including: Little Shop of Horrors, Films in the Forest, Mary Poppins, MC Symphony’s - A Love Letter to Carmel, and the School for Lies o Total attendance was 11,801
o 17 Performances are planned for October 1 – December 31, 2022.

Project Management for the Capital Improvement Program
Wallace Group Projects:
• For the City-Wide Drainage System Repair Project, a Notice to Proceed was issued, and kickoff meeting was held with Schaaf & Wheeler for the Storm Drain Master Plan Amendment. A $24,999 Professional Services Agreement was also prepared with Neill Engineers to support development of the Master Plan update and begin design of project-specific drainage repairs and bottleneck eliminations. • For the MTNP Well Abandonment Project, including pump house and water tank removal, technical specifications are being prepared, a proposal was negotiated with Rincon for environmental review and permitting services, and M3 was authorized to test for lead paint and asbestos on these facilities.

Ausonio, Inc. Projects:
• Specifications and contract documents for the City Hall Retaining Wall Repair Project were reviewed by staff and comments returned. With comments incorporated, the documents were submitted for a building permit readiness review and structural evaluation. • Proposals were negotiated with Bureau Veritas and accepted for the Facility Condition Assessment Project for four City buildings: City Hall, Fire Station, Public Works, and Vista Lobos. A $56,518 Professional Services Agreement was also prepared for award at the December Council meeting. • For the City Hall Roof Replacement Project, the project team decided to replace the remaining copper gutters and downspouts around the building, pending funding availability, and to replace the existing asphalt shingle roof with wood shingles.
• For the Harrison Memorial Library Backup Generator and Carpet Replacement Projects, M3 obtained potential hazardous materials samples for laboratory testing. Asbestos was found in a few samples. • For on-call architectural services, a Professional Services Agreement was prepared with 10 Over Studios, but a number of legal terms and conditions need to be resolved. 4 Leaf Projects:
• For the 2020/21 Paving Project, held a meeting to go over schedule and key issues as the contract documents are being finalized. A Public Notice was handed out to properties along the project limits to Attachment 5
Public Works Department Report – October 2022
notify of the upcoming project and request any private-initiated work to be done within the public rightof-way to be completed prior to paving work in the Spring. • For the Police Building Renovation Project, a major setback occurred when the project architect notified the City that they were awarded a much larger contract, and therefore cannot commit to continuing with this project. Reviews of architectural Statements of Qualifications and discussions with other potential architects are in progress. This issue is being given top priority. • A committee selected an electrical/mechanical engineering consultant for the Electrical Panel Upgrades Project for four buildings. However, this project will be put on hold temporarily to focus on the Police Building Renovation substitution of architects.

Other CIP Projects:
• Received final design plans for three stream stability projects to be constructed in 2023 in the MTNP, and began to compile bidding and contract documents. Applications for environmental permits from regulatory agencies are also being prepared for this project. • Interviewed two architectural firms to prepare the Libraries Master Plan.

Street Maintenance
• Set up for the Pumpkin Roll event, and staffed the event on September 29th. • Set up for the Annual City Birthday/Halloween parade event on September 31st. • Spread fresh wood chips along the Serra and Willow Trails in the MTNP, using up a significant portion of the wood chip stockpile in Rio Park.
• Following the cleanout of our hydrodynamic separator CDS units and catch basins along Scenic Road by the Carmel Area Wastewater District’s Vactor truck, changed over the City’s wet weather system to allow the flow of winter rains out into the ocean.
• Installed five more asphalt berms along several residential streets. • Continued with the annual Storm Drain Inspection Program to prepare for the winter season. • Continued making sidewalk repairs, and repaired several curbs. Sidewalk repairs will be ongoing. • TAMC’s consultant, NCE, began a field inspection of the City’s pavement conditions. • Started to compile the Annual Program Compliance Report required for Measure X funding. • Drafted the Traffic Safety Committee agenda for the November 10th meeting.

Forestry Parks and Beach Report (Forester’s Report)
• Posted 33 signs for new tree homes, and planted/watered 13 cherry, cypress, maples, and redwoods. • For the Urban Forest Master Plan, resolved contractual concerns with Davey Resource Group, obtained contract documents, and issued the Notice to Proceed. Held a preliminary technical meeting. • For the on-call landscape maintenance contract, obtained contract documents from Town & Country, executed the contract, issued a Notice to Proceed, and scheduled a kickoff meeting for Nov. 3rd. • For the on-call tree services contract, prepared the final draft bid documents for final review. • Drafted a preliminary City website page listing City support groups, local organizations, and volunteer groups. Received full support from attendees of a Community Connections event in Devendorf Park. • Planted flowers and shrubs along Ocean and Junipero for beautification. • Continued to remove dying and hazardous trees from the City right-of-way. 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
. Private and Development Activities
Attachment 5
Public Works Department Report – October 2022
April 7 2 5 3 2 7
May 19 8 4 3 4 12
June 11 3 1 0 6 4
July 8 1 1 4 1 2
August 41 16 10 5 3 26
September 9 5 2 0 0 7
October 7 0 1 0 6 1
November
December
2022 Totals 131 44 34 15 29 78
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* 131 79 52 78 44 34 59.54% 155
*year to date
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 to date City Forestry, Parks, and Beach Activities
Attachment 5
Public Works Department Report – October 2022
71 96 67
139 165 149 176 165 132 159
88 111
207
256
556 425
163
107
187
115 101
96 656
74 75
38 40
105
113
66 72
59 62
55 28
0 100
200
300
400
500
600
700
800
900
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
2 1 1 10 4 1
36 36 43 60 47 42 40
58 35 35
8 9 5
5 2 5 17
18 8 10 12 9 15
14 17 20 17
33 16 11
5 4
0 6 3
3 3 0
1 0 0 2
3 0 0
105
164
218
185
0 50
100
150
200
250
300
350
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Task Count
Month
2022 Admistrative Tasks
Failures Inspection Plan reviews
Permit intake Site Assessments Stop work orders
Fresh Desk Tickets Resolved*
*Fresh Desk ticketing
began with the fiscal year
Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

Resolution 2022-100, Proclaiming the Continuing Need To Meet By Teleconference Pursuant To Government Code Section 54953 (e)
RECOMMENDATION:

Adopt Resolution 2022-100 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 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) Resolution 2022-100

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-100

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 1
Resolution 2022-100

Page 2 of 2 ends

Section 3. Effective Date of Resolution. This Resolution shall take effect immediately upon 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 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 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 2022-101, Authorizing the City Administrator to execute a Professional Services Agreement with Bureau Veritas North America, for Facilities Condition Assessments of four City buildings, for a not-to exceed fee of $56,518 RECOMMENDATION:

Adopt Resolution 2022-101, authorizing the City Administrator to execute a Professional Services Agreement with Bureau Veritas North America, for Facilities Condition Assessments of four City buildings, for a not-to exceed fee of $56,518.

BACKGROUND/SUMMARY:

In June 2022 meeting, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 Capital Improvement Projects, including the Facilities Component Inspection Project (Project) with a budget of $85,000.

In August 2022, Council adopted Resolution 2022-065, awarding a Professional Services Agreement with Ausonio, Incorporated for Project Management Services for delivery of nine facility renovation projects, including this Project.

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 Architectural Services. In May 2022, seven SOQs were received for architectural services, which identified facility condition assessments as a proposed project.

In September, a Selection Committee consisting of a Project Manager with Ausonio and the Public Works Director independently evaluated the SOQs, and tentatively identified Bureau Veritas as most qualified firm for this project. An informal interview was subsequently held with Bureau Veritas where it was confirmed that their team, project approach, and cost-effectiveness measures were best suited for this project. The architectural firms were ranked for this project as follows:

No. Firm Final Rank
1 Bureau Veritas 1
2 Ten Over Studios 2
3 Kasavan Architects 3T
4 Wald, Ruhnke & Dost 3T
5 Jayson Architects 5
6 Thomas Hood Architecture 6
7 Marjang Architecture 7
A Professional Services Agreement was prepared with Bureau Veritas with a base fee of $47,098 to provide the condition assessments for these four buildings. A 20% contingency of $9,420 is also recommended for potential Supplemental Services as noted below.

Scope of Services
The Facility Component Assessments Project covers four facilities: City Hall, Fire Station, Public Works (including the front office building, garage, and workshops in the Corporate Yard), and the Vista Lobos Center. Services will meet, or exceed, the requirements of ASTM E-2018-5, “Standard Guidelines for Property Condition Assessments.”
First, a field inspection of the buildings will be performed to evaluate architectural, structural, electrical, mechanical, and plumbing conditions. The assessment will be compiled in a technical report which will also include the following elements:
· Identification of significant equipment and components · Determination of expected remaining useful life of roofing systems, and observable mechanical, electrical, plumbing, fire alarm, and sprinkler systems · Structural assessment screening for seismic evaluation and retrofit, and observed hazardous structural conditions
· Log of deficiencies with individual cost estimates and recommendations for repairs, considering prioritization, construction trade grouping, maintaining operability, and funding limitations · Recommendations for energy conservation and sustainability measures · Recommendations for development of immediate, near term, and long-term capital projects for renovation, modernization, renewal, and replacements.

Depending on the outcome of the report and identification of deficiencies and needed repairs, the consultant may present their findings and recommendations to the City Council. The work is scheduled to be completed within three months following issuance of a Notice to Proceed.

FISCAL IMPACT:

The fee for the facility condition assessments is $47,098. A 20% contingency of $9,420 is included in the Agreement for Supplemental Services, which may include additional cost estimating services for facility renovation projects in future year Capital Improvement Plans, and/or performing a condition assessment of another City building. The total not-to-exceed fee for this Agreement is $56,518.

The CIP budget for this project is $85,000 in Account 301-311-00-43008. The combined fee of $56,518 under this Agreement, plus the estimated project management fee of $12,000 for Ausonio, is $68,518, below the available budget of $85,000.

PRIOR CITY COUNCIL ACTION:

At the June 7, 2022 meeting, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 Capital Improvement Projects, including the Facilities Component Inspection Project with a budget of $85,000.

In August, 2022, Council adopted Resolution 2022-065, awarding a Professional Services Agreement with Ausonio, Incorporated for Project Management Services for delivery of nine facility renovation projects, including this Project.

ATTACHMENTS:

Attachment 1) Resolution 2022-101
Attachment 2) Professional Services Agreement with Bureau Veritas

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-101

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 BUREAU VERITAS NORTH AMERICA, FOR FACILITY CONDITION ASSESSMENTS OF FOUR CITY BUILDINGS, FOR A NOT-TO-EXCEED FEE OF $56,518 WHEREAS, on June 7, 2022, Council adopted Resolution 2022-048 approving 25 new Fiscal Year (FY) 2022/23 Capital Improvement Projects, including the Facilities Component Inspection Project (Project), with a budget of $85,000; and WHEREAS, in May 2022, seven Statements of Qualifications were received from consultants to provide architectural services, which identified facility condition assessments as a proposed project; and
WHEREAS, in September 2022, a Selection Committee identified Bureau Veritas North America as the best qualified firm for this Project; and WHEREAS, a Professional Services Agreement was developed and negotiated with Bureau Veritas to provide the required services, for a fee of $47,098, and included a budget for supplemental services of $9,420, for a total not-to-exceed fee of $56,518, and sufficient funding is available in the Capital Projects Fund; and
WHEREAS, these building assessments will provide the City with an inventory of required equipment replacements, facility renovations, and modernizations with priority recommendations and cost estimates to support development of future FY Capital Improvement Programs and facility renovation budgets.

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 to Bureau Veritas North America, for Facility Condition Assessments of Four City Buildings, for a not-toexceed fee of $56,518.

Attachment 1
Resolution No. 2022-101

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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

Resolution 2022-102, Authorizing the City Administrator to execute a Professional Services Agreement with FE Technologies for RFID and Self-Service Technology Systems and Software
RECOMMENDATION:

Adopt Resolution 2022-102 authorizing the City Administrator to execute a Professional Services Agreement with FE Technologies for RFID and Self-Service Technology Systems and Software.

BACKGROUND/SUMMARY:

The Library currently uses barcodes and barcode readers to manage the collection. However, the system no longer meets the Library’s needs. Radio Frequency Identification (RFID) is used to check out, check in, identify, and manage materials in the Library’s collections and the Library is proposing converting to RFID.

In addition the Library is in need of new self-check machines for both library buildings, to replace the old self-check machines that had reached the end of their natural lifecycle shortly before the start of the pandemic.

Among other benefits, the upgrade to RFID and self-check machines should free staff from many routine tasks, provide an enhanced level of statistical reporting and system management, address risk of potential repetitive motion injuries, reduce material losses, improve circulation efficiency and shelf accuracy, and maximize service to the community through greater levels of customer self service.

This project is part of the Library's strategic plan and was part of the budget development process with the Carmel Public Library Foundation for funding for FY 2022-2023.

Consultant Selection Process
On July 13, 2022 the library issued a Request for Proposals for RFID and Self-Service Technology Systems and Software. This was posted on the City's website, sent to the California Library Association website and sent to a number of companies identified by the American Library Association who provide RFID and self-service technology services. In August, the Library received two responsive proposals from FE Technologies and Tech Logic.

In September a Selection Committee consisting of the Library Director, Technical Services Librarian, Local History Librarian, and IT Manager independently evaluated the proposals and conducted interviews in October.

The Selection Committee determined that FE Technologies was best suited for this project in terms of costeffectiveness and project approach.

A 5-year Professional Services Agreement was prepared with FE Technologies with a base fee of $47,710 for Year 1, with annual maintenance in the amount of $2,490 for a total amount not-to-exceed $57,670.

Scope of Services
FE Technologies will provide the following services:

Self Check solutions designed to provide library patrons with 100% self checkout with newly released software designed specifically for the ultimate user experience Staff workstations that feature deep ILS integration so all circulation functions are seamless including the ability to handle exceptions in a multiple item environment A conversion process to RFID that is speedy and efficient Access to a live Cloud-based dashboard system so you can see the operational status of each RFID device plus a list of detailed reports on circulation rates and more FISCAL IMPACT:

This project is being funded in full by the Carmel Public Library Foundation.

Annual maintenance will be incorporated into the library's operating budget in subsequent fiscal years which is also funded by the Carmel Public Library Foundation.

There is no fiscal impact to the City's operating budget.

PRIOR CITY COUNCIL ACTION:

There has been no prior Council action on this item.

ATTACHMENTS:

Attachment 1) Resolution 2022-102 FE Technologies
Attachment 2) Professional Services Agreement FE Technologies

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-102

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 FE TECHNOLOGIES, FOR RFID AND SELF-SERVICE TECHNOLOGY SYSTEMS AND SOFTWARE, FOR A NOT-TO-EXCEED FEE OF $57,670 WHEREAS, the Harrison Memorial Library Strategic Plan identifies the implementation of Radio Frequency Identification (RFID); and
WHEREAS, in August 2022, two proposals were received from consultants to provide for RFID and Self-Service Technology Systems and Software; and WHEREAS, in October 2022, a Selection Committee identified FE Technologies as the best qualified firm for this Project; and
WHEREAS, a Professional Services Agreement was developed and negotiated with FE Technologies to provide the required services, for a Year-One cost of $47,710, and included a budget for maintenance costs for Years 2-5 in the total amount of $9,970 for a total not-to-exceed fee of $57,670, that will be funded by the Carmel Public Library Foundation; and WHEREAS, the upgrade to RFID and self-check machines should free staff from many routine tasks, provide an enhanced level of statistical reporting and system management, address risk of potential repetitive motion injuries, reduce material losses, improve circulation efficiency and shelf accuracy, and maximize service to the community through greater levels of customer self-service.

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 FE Technologies, for RFID and Self-Service Technology Systems and Software, for a not-to-exceed fee of $57,670.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
__________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for
Library RFID and Self-Service Technology Systems and Software Agreement # ]
THIS AGREEMENT is executed this 6th day of December, 2022, by and between the City of CarmelBy-The-Sea, a municipal corporation, (hereinafter "City"), and FE Technologies, (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
Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: Library RFID and Self-Service Technology Systems and Software A. . The Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement should include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto. Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement. ii. Consultant’s designated representative(s) who are authorized to act on its behalf and to make all decisions in connection with the performance of services under this Agreement are listed in Exhibit “B” [Key Personnel], which is made a part of this Agreement. iii. Consultant must make every reasonable effort to maintain the stability and continuity of Consultant’s key personnel and subcontractors, if any, listed in Exhibit B to perform the services required under this Agreement. Consultant must notify City and obtain City’s written approval with respect of any changes in key personnel prior to the performance of any services by replacement personnel.

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

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

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

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

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

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

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Compensation & Fee Schedule (Exhibit “C”), in a total amount not-to-exceed Fifty-Seven Thousand Six Hundred and Seventy Dollars ($57,670.00).

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

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

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

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

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

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

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

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

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

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

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

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

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

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence by December 6, 2022 and must be completed by June 30, 2027 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.

If a Project Schedule is not required, Consultant will perform the Services under this Agreement in accordance with the following phase, task and/or milestone dates:
• Contract Finalization – December 2022
• RFID Conversion – Completed by May 31, 2023
• Self-check equipment – Delivered and installed by March 31, 2023 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”.

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

C. Sub-agreements with Subconsultants. Consultant will incorporate the terms and conditions of this Agreement into all sub-agreements with subconsultants in respect of the Services necessary to preserve all rights of the City under this Agreement. Consultant 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 Attachment 2
8 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: Ashlee Wright
Title: Library and Community Activities Director
Address: P.O. Box 800
Carmel-by-the-Sea, CA 93921
Telephone: (831) 624-1366
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: Dylan Brehm
Title: Project Manager
Company: FE Technologies
Address: 536 Silicon Dr. Suite 100, Southlake, TX 76092 Telephone: 888-278-1824
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:

Attachment 2
9 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.

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:

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

Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
b. Provide that such Consultant’s insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Carmel-by-the-Sea is excess to the Consultant’s insurance and will not contribute with it.
c. Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.
d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.
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 Attachment 2
11 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. 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 Attachment 2
12 Section 37103, and further, are appropriately licensed to perform the work and deliver the Services required under this Agreement.

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

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

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

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

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

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

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

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

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

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

Attachment 2
14 B. California Public Records Act. Consultant acknowledges that the City is subject to the California Public Records Act (Government Code Section 6250 et seq.), known as the “PRA”, and agrees to any disclosure of information by the City as required by law. Consultant further acknowledges that it may have access to personal information as defined under the PRA, and Consultant will not use any such personal information for any purposes other than for the performance of Services under this Agreement without the advance written approval of the City.

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

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

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

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

A. That they will conduct their duties related to this Agreement with impartiality, and must, if they exercise discretionary authority over others in the course of those duties, disqualify themselves from dealing with anyone with whom a relationship between them could bring the impartiality of Consultant or its employees into question;
B. May not influence, seek to influence, or otherwise take part in a decision of the City knowing that the decision may further their private interests;
C. May not accept any commission, discount, allowance, payment, gift, or other benefit connected, directly or indirectly, with the performance of Services related to this Agreement, that causes, or would appear to cause, a conflict of interest;
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 Attachment 2
15 Consultant under this Agreement and the obligations of Consultant to such other person, firm or corporation.

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

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

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

In any mediation conducted pursuant to this section, the provisions of California Evidence Code section 1152 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
Attachment 2
16 A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any subconsultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement. Such termination must be in writing, setting forth the effective date of termination, and will not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any subconsultant:
i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services;
iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions; v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

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

C. Steps after Termination:
i. Upon termination of this Agreement by the City for any reason, the City will pay Consultant for satisfactorily performed Services and disbursements incurred by Consultant to the date of termination pursuant to this Agreement, less any amounts necessary to compensate the City for damages or costs incurred by the City arising from Consultant’s default. Termination will be without prejudice to any other rights or remedies the City may have.
ii. Upon receipt of written notice of termination of this Agreement by the City for any reason, Consultant must:
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 Attachment 2
17 provisions of Section 10, Ownership and Use of Materials, herein, the City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such Materials.
iii. If this Agreement is terminated by the City for any reason, the City is hereby expressly permitted to assume the projects and Services, and to complete them by any means including, but not limited to, an agreement with another party.

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

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

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

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

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

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

Attachment 2
18 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.

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.

Attachment 2
19 17. Interlocal Agreement
To the extent permitted by law any Public Library in the State of California shall be allowed to participate in this agreement during the life of the contract, even if it is not listed amongst the solicitation participants. While this clause in no way commits Libraries to purchase from the City of Carmel by the Sea’s awarded contractor, nor does it guarantee any additional orders will result, it does allow Libraries in the State of California, at their discretion, to make use of the City of Carmel by the Sea’s competitive process (provided said process satisfies their own procurement guidelines) and purchase directly from the awarded contractor. All purchases made by other Libraries in the State of California shall be understood to be transactions between that Library and the awarded vendor; the City of Carmel by the Sea Library shall not be responsible for any such purchases.

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

Mayor, City Administrator, or Designee Signature Consultant Signature Scotty Gage
Printed Name Date Printed Name Date
VP of Sales - US
Title Title
Invengo American Corp dba FE Technologies
Consultant Legal Company Name
APPROVED AS TO FORM:

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

By: _________________________________ Date: ______________________ Nova Romero, City Clerk
Attachment 2
20 Exhibit “A” Scope of Services, Key personnel, Fee Schedule Attachment 2
www.fetechgroup.com FE Technologies - RFID Your Way

LIBRARY RFID

PROPOSAL

Harrison Memorial Library
For: Ashlee Wright
Prepared by: Al Skinner
Email: [email protected]
Mobile Mobile: (817) 659-4708
Date: 26-Oct-2022
Attachment 2
www.fetechgroup.com FE Technologies - RFID Your Way

CREDIT CARD SIZED TAGS
2 INCH X 3 INCH
The FE Technologies RFID tags are designed
for readability and durability.

The standard tags are designed to be used
on most library items – books, periodicals,
DVD locked boxes. These large credit-card
sized tags (2” x 3”) provide excellent
performance and readability across all
devices.

In addition the tags have the following features:
• Racetrack antennas with a strapless joint and use SLIX chips from NXP, and have anti-collision capabilities • Designed to be robust and guaranteed for the life of the item • Memory 1024 bits

STANDARDS COMPLIANCE
All our tags comply with the following standards:
• ISO 28560 Parts 1 & 2
• ISO 15693 & ISO 18000-3 Mode 1 (operating at HF – 13/56MHz) Attachment 2
www.fetechgroup.com FE Technologies - RFID Your Way
•

LOW PROFILE SHIELDED CIRCULATION ASSISTANT

LOW PROFILE SHIELDED
The FE Technologies Low Profile Shielded
Circulation Assistant converts an existing
library terminal into a RFID enabled
terminal for circulation
functions. Comprises the circulation
assistant software and a high- power RFID
reader with a separate shielded antenna pad.

The smaller size shielded RFID pad is perfect
for smaller and busy circulation desk. This
model is designed to process multiple items
at a time and is shielded so that items that are adjacent to the pad or under the desk are not inadvertently read.

BENEEFITS FOR THE LIBRARY
Useful where high volumes of items are to be processed and desk space is not available.

Get all the benefits of a shielded antenna at a compact size.

Multiple and quick checking in or out.

Attachment 2
www.fetechgroup.com FE Technologies - RFID Your Way

LIVE SCANNING WAND

INVENTORY AND LIVE ILS UPDATES
Using a handheld wand and a tablet staff can scan items and update the ILS live without the need for uploading or
downloading data.

The Live Scanning Wand (LSW) connects live with the ILS via Wi-Fi. The live item status is collected from the ILS as the inventory is conducted. If a status is being tracked the library the library can select to process that status automatically via requesting a check in of that item or processing it manually.

The library can configure the LSW to track any status from the Integrated Library System; for example claim returns, holds, weed items etc. The Live Scanning Wand is set to the branch in which the inventory is being conducted.

LIVE ILS INTERACTION
Automatic Check-In process - The library can select to
automatically perform a check in request for any class of status. A good example would be automatically checking in claimed returns or automatically checking in transits to correct the branch locations.

Manual Process - If a status such as hold/reservation or weeded item that cannot be processed automatically and requires a physical process such as collecting the holds and placing them onto a trolley; a manual acknowledgement can be set for this process. It can also link with web based ILS workflows and will take the user from an exception alert to a pop-up that gives them options that will immediately update the ILS. The user can also select to go straight to the ILS to open the item if required.

The Live Scanning Wand also keeps an inventory file on the device that can downloaded for further processing.

The wand can stock take 18000 items an hour, has a battery life of 8 hours and the wand weighs only less than 1 pound. The speed is achieved as FE Technologies use our RFID accelerate software.

BENEFITS FOR THE LIBRARY
• The Live Scanning Wand lookups up item information directly from the ILS in real time. • The Tablet will immediately indicate if there is an exception. It will also automatically update the necessary field, such as “last seen date”.
• For exceptions it calls up the corresponding web ILS workflow on the tablet.

Attachment 2
www.fetechgroup.com FE Technologies - RFID Your Way
•

SUITCASE MOBILE RETROSPECTIVE ENCODER

CONVERSION TO RFID
Converting even the largest collection to RFID need not be a lengthy or stressful process. Libraries can maintain their existing security system during the conversion process - ensuring 100% security from day 1 of RFID operations. The process is performed using an FE Technologies’ Suitcase Retrospective Encoder (available for rental). The FE Technologies Suitcase Retrospective Encoder is an easy to move solution that can be set up on your own trolley. The solution features a laptop, barcode scanner, RFID encoder and the software. This is all housed in a case.

Items are scanned and an RFID tag is automatically encoded ready to be placed on the item.

The system checks for duplicate tags with a simple tagging and encoding process that can be performed by unskilled or
outsourced staff if necessary.

OUTSOURCED TAGGING AND CONVERSION
FE Technologies can completely project-manage your conversion to RFID with our own Conversion Project Manager overseeing specialist teams of experienced library tagging staff from our own outsourced tagging solution company.

Alternatively, we can assist you to project-manage the conversion inhouse and give you guidance on the most efficient methods to get your collection converted as quickly as possible. Ask for a quote.

BENEFITS FOR THE LIBRARY
Speedy conversion to RFID
All in one inventory and conversion process
Complete security integrity from day 1 – no false alarms at the gates Maneuverable unit
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V5 HEIGHT ADJUSTABLE PEDESTAL

CUSTOMIZATION
The Height Adjustable V5 Self Loan Station gives patrons 100% self-checkout and returns. Designed to attract patron attention and featuring highly customisable software, the V5 Self Loan Station is FE Technologies’ flagship loans product.

It features a customisable LED halo surrounding its 23” capacitive touchscreen that can be lit in any colour of the Library’s choosing. When the unit has an operating
condition that requires attention, for example receipt
paper our, or offline operation; or if a patron has selected the onscreen help button the top of the LED halo will light in a contrasting (customisable) colour to alert staff
attention from across the room. The section of the LED
halo surrounding the receipt output will light up to show the patron when and where to collect the receipt.

The unit features an onscreen height control where the
user can adjust the height – the pedestal is controlled by a hydraulic lift. A safety sensor automatically detects when it hits an object and will gently reverse away.

The V5 features highly customisable software that gives patrons the ultimate user experience, guiding them
through every step of each transaction with themeable
animations, icons and graphics.

A range of third-party integrations are available, including room and PC bookings, event booking services, e-book
vendors, payment providers and digital advertising.

User experience – 100% self checkout
Range of installation options – standalone, desk-mounted, wall-mounted, height adjustable, children’s height, bolted to floor, moveable base
Customisable interactive LED halo with alerts
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V5 SELF CHECK
100% SELF CHECKOUT
The V5 Self Check gives patrons 100% self-checkout and
returns. Designed to attract patron attention and featuring highly customizable software, the V5 Self Check is FE Technologies’ flagship loans product.

It features a customizable LED halo surrounding its 23” capacitive touchscreen that can be lit in any color of the Library’s choosing.

When the unit has an operating condition that requires attention, for example receipt paper our, or offline operation; or if a patron has selected the onscreen help button the top of the LED halo will light in a contrasting (customisable) color to alert staff attention from across the room. The section of the LED halo surrounding the receipt output will light up to show the patron when and where to collect the receipt.

CUSTOMIZABLE SOFTWARE
The V5 features highly customizable software that gives patrons the ultimate user experience, guiding them through every step of each transaction with themeable animations, icons and graphics.

A range of third-party integrations are available, including room and PC bookings, event booking services, e-book vendors, payment providers and digital advertising.

BENEFITS FOR THE LIBRARY
User experience – 100% self checkout
Range of installation options – standalone, desk-mounted, wall-mounted, height adjustable, children’s height, bolted to floor, moveable base
Customizable interactive LED halo with alerts
Integrated DVD unlocker
Keyless entry for receipt paper access
Attachment 2
www.fetechgroup.com FE Technologies - RFID Your Way

RFID TRAINING

POST INSTALLATION
The training to be provided by FE Technologies to meet the RFID requirements of library, as follows. Training will be conducted either on site or remotely depending on library request and order condition. Project team from FE Technologies will be in touch with library to father discuss the training outlines and arrangement prior to the training.

Retrospective tagging training
• Trained on live hardware
• Train a team of library staffs for 4 hours
• Real life demonstration
Hardware/Software Training
• On all products (Self Loan, Management Console, Gates, Circulation Assistant and Mobile Scanning Unit etc.)
• Manuals provided
• Train the trainer
• Half day session
• Trained on live hardware on site
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•
Pricing Quotation
Code Product Quantity Price Delivery Install Library Live / Annual License Total Maintenance
Base Solution
3542 RFID Tags (Credit Card Sized) 60000 $0.154 $0.000 $0.000 $0.000 $9,240.00 $0.000 LIB-188-US Shielded Circ Assist Low
Profile (Tagsys) 5 $563 $250 $0 $0 $2,815.00 $240
LIB-127.2-US LIVE Scanning Wand 2 $3,132 $160 $0 $0 $6,264.00 $536 LAP

ENCODING
Mobile Encoder Suitcase Hire
- Rental Months 3 $0 $900 $0 $0 $0.00 $0
LIB-116 V5 HEIGHT ADJUSTABLE
PEDESTAL 2 $3,406 $0 $0 $0 $6,812.00 $582
LIB-101.3AXXX-US V5 SELF LOAN STATION 2 $6,621 $1,320 $0 $96 $13,242.00 $1,132 PRO-002 RFID Onsite Training -
Equipment (per session) 1 $737 $0 $0 $0 $737.00 $0
PRO-003 RFID Onsite Training -
Tagging (per session) 1 $737 $0 $0 $0 $737.00 $0
Minimum Onsite Install Fee $1,800.00 $1,800.00
Delivery Fee $2,630.00 $2,630.00
Total $96.00 $44,277.00 $2,490.00
Price quoted above exclude sales tax.

Warranty & Support Levels: GOLD - 9am-5pm weekday support. Parts and onsite included. Phone, onsite support and remote support are included in the package.

Attachment 2
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PRICING TERMS AND CONDITIONS
On acceptance of this quotation, the following payment terms will apply: - a. Prices are excluding Sales Tax.
b. Prices are valid for 30 days from the date of this quotation. This is due to the volatility of exchange rates. c. Delivery charges in the quote is estimated and is subject to change d. Payment of 50% of the total quoted costing is required prior to the commencement of the RFID project (excluding any applicable annual maintenance fees) and is due 7 days from invoice issue date. e. The remaining 50% will be invoiced within 7 days of the scheduled completion date and is due 7 days from invoice issue date. If the agreed installation timeframes in the contract cannot be met by the library, payment of this invoice is still required to FE Technologies on the date that the delivery originally planned.
f. In the event that a delay is made by the library then FE Technologies reserve the right to charge for the warehousing of the equipment.

Library also accepts to pay the full balance of the equipment if this happens. g. Any ad hoc items will require a separate purchase order, and payment is due 7 days from invoice issue date. h. The final payment of any product is due 7 days from final delivery. i. Hardware delivery (excluding Sorters, ATL, Display Lockers, Laptop Dispensers): 10-12 weeks from date of order (Note: Freight prices are based on standard door-to-door delivery. Extra freight charges may apply if delivery is difficult due to complex unloading conditions.) j. In the case of building sites, if a second installation visit is required by FE Technologies the library will be required to pay an additional installation fee.
k. FE Technologies normal project plan provides for a technician who will complete the entire hardware and software installation in one trip. In the instance where a second trip is required due to a direct request from the customer or their nominated agent (building contractor), a charge of $1000 will be added to recover the additional travel and accommodation costs. l. Any building works required for the installation of equipment is not included. Refer to the libraries responsibilities as described in the architect packs supplied for each product.
m. Mobile Encoders Suitcase is provided for the agreed period without a rental charge. Any extension to the agreed period shall be charged at $300 per month per Mobile Encoder
n. Library hold the responsibility to look after the Mobile Encoder crate when it is at library premise. An additional cost of $300.00 will incur if the components are damaged or lost.
o. For contracts longer than 12 months FE Technologies reserves the right to alter/increase prices of products due to changes caused by availability of components, supply chain issues and inflation as listed by the Producer Price Index of inputs to the Manufacturing Industry.- https://www.bls.gov/ppi/
Signature & Title Date
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LIBRARY LIVE

CLOUD DATA STORAGE
The FE Technologies’ dashboard application Library Live is a Cloud-based web interface that allows you to view and report on various transactions and
conditions of the FE Technologies
RFID equipment in your network. The
Library Live is accessible from any PC
in the network or any mobile device
with web access.

The Dashboard screen shows the live
operating conditions of your RFID
equipment including Security Gate
alarms, traffic reports, circulation
levels (check-in and check-out
figures), and equipment connectivity
status. You can also view each device
in the network via the Management
Console, which displays an icon and
alert for conditions such as receipt
paper low/out, loss of connectivity,
ILS offline etc.

Libraries can view individual library data or a consolidated library networks data.

BENEFITS TO LIBRARY
• All transactional data by default is saved to our Australian Azure infrastructure. Each library has their own partition guaranteeing individual library privacy.
• Access to the data is made in two ways – using a live dashboard available via web browser or using our Management Console software
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SUPPORT AND CUSTOMER CARE
Maintenance for all of FE Technologies’ RFID products including hardware and software is provided free of charge for the first 12 months with our Warranty and Support Agreement. FE Technologies Customer Care Centre is staffed by experienced Technical Support Officers who are supported by a large research and development team and a quality assurance process that is audited annually for compliance with quality standard ISO9001:2008.

FE TECHNOLOGIES IS RENOWNED FOR ITS SUPPORT SERVICES. IN FACT, OUR SUPPORT

TEAM IS FAR GREATER THAN THAT OF ANY OF OUR COMPETITORS AND ASSISTED BY A

DAILY OPEN WORK TICKETS REPORT AND A GRAPH SHOWING OUR CURRENT CUSTOMER SATISFACTION RATING. ALL OUR STAFF HAVE A VESTED INTEREST IN SEEING OUR CUSTOMERS HAPPY!

TWO WAYS OF LOGGING SUPPORT TICKETS
Local dedicated call center
SALES: TEL +1-888-278-1824 OPTION 1
SUPPORT: TEL +1-888-278-1824 OPTION 2
Online Support Portal: TICKETS.FETECHGROUP.COM
WARRANTY & SUPPORT LEVEL:
9am-5pm weekday support. Parts and onsite included. Phone, onsite support and remote support are included in the package
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OUR TEAM
“We are ready to capture great ideas and transform them into amazing solutions that solve your problems. We are driven by creating experiences that deliver results for your business and for your customers.

ANDREW POWELL

DIRECTOR, GENERAL MANAGER
Andrew Powell is the Director of the company. Andrew has several years’ experience in management and production, and extensive experience in RFID technology especially during FE Technologies fledgling days. Andrew steers the operations of the company towards greater efficiencies and enhanced productivity.

PETER FERENDINOS

DIRECTOR OF SALES
Peter’s focused and driven management of the sales and marketing team since inception has seen FE Technologies gain a strong foothold Australia, New Zealand and South East Asia. Peter leads a sales and marketing team that is focused on job specialization which has led to huge efficiencies in our sales process, which in turn leads to real win-win in delivering relevant RFID solutions to libraries.

SCOTTY GAGE

VP OF SALES - US
Scotty has been working with libraries in the USA creating solutions that make a difference since 2013. His passion for helping libraries do more and having a greater impact on communities has led him to be one of the most successful Business Development Executives in the Industry. Scotty also has had success in building and leading Sales teams to be successful in various industries.

DUSTIN LAMM
SR. BUSINESS DEVELOPMENT EXECUTIVE - CENTRAL US
Dustin has been serving the library industry for well over 18 years. Dustin has a wealth of knowledge and experience when it comes to improving circulation management having worked in both the ILS and RFID realms. Dustin is based in our growing Texas office where he will look after the RFID sales of the Central US.

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AL SKINNER
SR. BUSINESS DEVELOPMENT EXECUTIVE -WESTERN US
Al has been working in the RFID sphere for libraries for over 20 years and brings a library centric experience to the team at FE Technologies. His consultive approach in working with many libraries to create successful strategies to reap the benefits of RFID and Automated Materials Material’s Handling Solutions, puts him in an ideal position to help libraries in the Western US.

DYLAN BREHM

PROJECT COORDINATOR US
Dylan Brehm joins the team as Project Coordinator and will be responsible for managing our new installations across the US. Dylan brings a wealth of experience in administrative project management, high level customer service and relationship management, and a proven attention to detail across a range of tasks. Dylan has a Bachelor of Business Administration in Marketing and is available to all our new customers to assist them through each milestone of their RFID projects.

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JARRED STEENVOORDEN

RESEARCH AND DEVELOPMENT MANAGER
Jarred heads up the FE Technologies Research and Development Team and is behind our innovative software across our entire suite of RFID equipment. Jarred and his team are responsible for developing new software, including enhancements, new features and bug fixes. Software developer using C# on Microsoft Dot Net, HTML, Java, PHP, MySQL. Develops Web applications and point of sale software. Jarred leads the concept through to market process for the team for new products.

CLINT AGUSTSSON

HARDWARE DEVELOPMENT MANAGER
Clint has 15 years IT experience and has hands on involvement in the development of the FE Technologies Library system. Clint heads up the Hardware Team in the R&D lab. Clint is often a point of contact for escalated work tickets that require development work and is also in charge of the creation of new products and enhancements. Clint’s and his team are responsible for hardware development and enhancement, compatibility and software integration. Clint has a expertise in automated materials handling.

CYNAN MCWILLIAM

SUPPORT MANAGER
Cynan is an integration specialist with 18 years of experience across Asia Pacific. Recently returning from a ten year in Hong Kong providing sales and technical support for Post Production and Broadcast customers across Asia. Prior to that he had similar postings in Bangkok and Wellington. He brings extensive workflow, networking and technical knowledge to the team. Cynan heads up the team and is a point of escalation for any unresolved issues.

SEAN ZINGIRIS

TECHNICAL SUPPORT - US
Sean is an experienced technician and customer service specialist with a strong history of leadership and offering audience-appropriate technical expertise. He has a diverse, blended background in customer experience from different industry.

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JUSTIN MEISCH

TECHNICAL SUPPORT - US
Justin is an experienced technician with a customer service first mindset and a history of leadership. He has a wide range of experience with troubleshooting and building computers.

MICHAEL DOTSON

TECHNICAL SUPPORT - US
Michael Dotson joins our ever-growing Technical Support Team as a Technical Support Officer.

He will be performing technical support and assisting with installations where his background in IT and Security Systems will be highly valued. Michael has a Bachelors Degree in Information Security Systems and an Associates degree in Computer networking. A family-oriented sportsfan, Dylan will be on-hand to help our customers with any service and support requirements, and looks forward to meeting our library customers around the country.

KYLIE HERNANDEZ

SALES COORDINATOR
Kylie is the sales coordinator in our US branch, assisting all our US BDE (Business Development Executive) in all the sales documentation. She is soft spoken and bubbly and experienced. Feel free to reach out to Kylie if you need any help!
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CLIENTS
FE Technologies customers are invited to our User Group – an independently run group of FE Technologies Users who meet annually and conduct training, share information on products and software and are in close contact with our R&D department to share ideas for upgrades, enhancements and new products.

Here is a selection of our valued customers:

Attachment 2
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THANKYOU!
QUESTIONS?
IDEAS?
CLARIFICATION?
CONTACT US TODAY:
536 Silicon Drive, Suite 100 Southlake Texas 76092
+1-888-278-1824
FE Technologies
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 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 2022-103, Authorizing and approving pay rates and ranges (salary schedules) for the following: 1) Pay Schedule for At-Will (Unrepresented) classifications, 2) Pay Schedule for Management Employees Unit (affiliated unit of LiUNA) classifications; 3) Pay Schedule for General Employees Unit (affiliated unit of LiUNA) classifications
RECOMMENDATION:

Adopt Resolution 2022-103 authorizing and approving pay rates and ranges (salary schedules) for the following: 1) Pay Schedule for At-Will (Unrepresented) classifications, 2) Pay Schedule for Management Employees Unit (affiliated unit of LiUNA) classifications; 3) Pay Schedule for General Employees Unit (affiliated unit of LiUNA) classifications.

BACKGROUND/SUMMARY:

Pursuant to Municipal Code 2.52.520, the City Council adopts the salary resolution, establishing the legal current salary range from the salary schedule for each class of employee position. The pay schedules reflect the following administrative changes / modifications to the salary rates and pay ranges:

Pay Schedule for At-Will (Unrepresented) Classifications: The City Council approved and adopted the City Administrator’s current salary of $231,815 during the regularly scheduled meeting on November 1, 2022. Exhibit A reflects the updated salary range on the pay schedule.

Pay Schedule for Management Employees Unit (affiliated unit of LiUNA) Classifications: The City Council approved and adopted the new salary range for the Management unit during the regularly scheduled meeting on September 13, 2022. There was an administrative error and the Accountant classification was not included on the pay schedule. Exhibit B reflects the updated salary schedule with the Accountant classification.

Pay Schedule for General Employees Unit (affiliated unit of LiUNA) Classifications: The City Council approved and adopted the new classifications of Maintenance Worker I/II and Maintenance Worker III in Public Works during the regularly scheduled meeting on August 2, 2022. The staff report included that salary changes would be determined at a later date. Exhibit C reflects the following recommended salary changes:

Maintenance Worker I salary = remains the same, no change in salary (current Maintenance Worker)
Maintenance Worker II salary set 10% above new class of Maintenance Worker I Maintenance Worker III , Facility Maintenance Specialist, Tree Climber & Care Specialist salary set at 10% above of Maintenance Worker II
Street Supervisor salary = remains the same no change
As indicated as a best practice and to comply with the regulations of the Public Employees’ Retirement Law (PERL), the salary plan in its entirety will be submitted to Council for approval each time a modification is made or on a calendar/fiscal basis moving forward.

FISCAL IMPACT:

Based on the new reclassifications to the new Public Works series classifications, the approximate fiscal impact is $23,000 that will be absorbed into the FY 22/23 operating budget.

PRIOR CITY COUNCIL ACTION:

Resolution No. 2022-097: A resolution of the City Council of the City of Carmel-by-the-Sea authorizing the Mayor to execute a fifth amendment to the City Administrator At-Will employment agreement effective October 1, 2022.

Resolution 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.

Resolution No. 2022-071: A resolution of the City Council of the City of Carmel-by-the-Sea authorizing the City Administrator to establish and adopt the newly created job descriptions for Maintenance Worker I/II and Maintenance Worker III.

ATTACHMENTS:

Attachment 1) Resolution 2022-103
Attachment 2) Exhibit A - At-Will Unrepresented Pay Schedule Attachment 3) Exhibit B - Management Unit Pay Schedule
Attachment 4) Exhibit C - General Unit Pay Schedule

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING THE PAY RATES AND RANGES (SALARY SCHEDULES) FOR THE FOLLOWING: 1) PAY SCHEDULE FOR AT-WILL (UNREPRESENTED) EFFECTIVE OCTOBER 1, 2022; 2) PAY

SCHEDULE FOR MANAGEMENT EMPLOYEES UNIT (AFFILIATED UNIT OF LIUNA) CLASSIFICATIONS EFFECTIVE JULY 1, 2022; 3) PAY SCHEDULE FOR GENERAL UNIT EMPLOYEES UNIT (AFFILIATED UNIT OF LIUNA) CLASSIFICATIONS EFFECTIVE JANUARY 1, 2023
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, the City Council approved and adopted the City Administrator’s current salary of $231,815 during the regularly scheduled meeting on November 1, 2022. Exhibit A reflects the updated salary range on the pay schedule; and
WHEREAS, the City Council approved and adopted the new salary range for the Management Unit during the regularly scheduled meeting on September 13, 2022. There was an administrative error and the Accountant classification was not included on the pay schedule. Exhibit B reflects the updated salary schedule with the Accountant classification; and WHEREAS, The City Council approved and adopted the new classifications of Maintenance Worker I/II and Maintenance Worker III in Public Works during the regularly scheduled meeting on August 2, 2022. The staff report included that salary changes would be determined at a later date.

Exhibit C reflects the following recommended salary changes:
• Maintenance Worker I salary = remains the same, no change in salary (current Maintenance Worker)
• Maintenance Worker II salary set 10% above new class of Maintenance Worker I • Maintenance Worker III , Facility Maintenance Specialist, Tree Climber & Care Specialist salary set at 10% above of Maintenance Worker II
• Street Supervisor salary = remains the same no change.

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

Authorize and approve City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) in accordance with municipal code 2.52.520 for the following:
1) Pay Schedule for At-Will (Unrepresented) classifications effective October 1, 2022 (Exhibit A) Attachment 1
Resolution 2022-103

Page 2 of 2 ends

2) Pay Schedule for Management Employees Unit (affiliated unit of LiUNA) classifications effective July 1, 2022 (Exhibit B)
3) Pay Schedule for General Employees Unit (affiliated unit of LiUNA) classifications effective January 1, 2023 (Exhibit C)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of DECEMBER, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Grade Barg. Unit Classification Resolution # Effective Date Minimum Annual Salary Maximum Annual Salary ATWILL City Administrator 2022‐103 10/1/2022 $     231,815.00 ATWILL Assistant City Administrator  2021‐077  12/1/2021 167,416.00 $       203,495.00 $ ATWILL Public Safety Director 2021‐077  12/1/2021 167,416.00 $       203,495.00 $     ATWILL Public Works Director 2021‐077  12/1/2021 164,022.00 $       199,370.00 $     ATWILL Community Planning and Building Director 2021‐077  12/1/2021 164,022.00 $       199,370.00 $     ATWILL Director of Budgets and Contracts 2021‐077  12/1/2021 144,795.00 $       176,000.00 $     ATWILL Library and Community Activities Director 2021‐077  12/1/2021 144,795.00 $       176,000.00 $ AT WILL Finance Manager 2021‐077  12/1/2021 131,221.00 $       159,500.00 $     AT WILL Human Resources Manager 2021‐077  12/1/2021 131,221.00 $       159,500.00 $ ATWILL Information Services/Network Manager 2021‐077  12/1/2021 131,221.00 $       159,500.00 $ ATWILL City Clerk 2021‐077  12/1/2021 131,221.00 $       159,500.00 $     ATWILL Police Commander 2021‐077  12/1/2021 131,221.00 $       159,500.00 $ AT WILL Environmental Compliance Manager 2021‐077  12/1/2021 108,38 $       8.00 $     131,726.00 AT WILL Project Manager 2021‐077  12/1/2021 108,388.00 $       $     131,726.00 ATWILL Building Official  2021‐077  12/1/2021 108,388.00 $       $     131,726.00 6 ATWILL Senior Human Resources Analyst 2021‐077  12/1/2021 89,390.0 $          0 $     111,909.00 ATWILL Deputy City Clerk 2022‐008 1/4/2022 77,212.80 $          $       93,844.00 AT WILL Administrative Analyst 2022‐008 1/4/2022 77,212.80 $          $       93,844.00 8 ATWILL Executive Assistant* 2022‐008 1/4/2022 77,664.00 $          $       84,000.00 9 ATWILL Administrative Technician 2022‐008 1/4/2022 65,596.65 $          $       79,768.50 Notes:Resolution #2022‐097 adopted November 1, 2022Resolution #2022‐008 adopted January 1, 2022 Resolution #2021‐077 adopted December 7, 2021
4 CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR AT‐WILL (UNREPRESENTED) CLASSIFICATIONS Effective October 1, 2022
City Council Adopted December 6, 2022 (Reso#2022‐103) ‐ pending adoption 12357
Resolution #2020‐073 adopted November 3, 2020

Page 1 of 1 ends

EXHIBIT A
4% effective July 1, 2023 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $               42.30 40.26 $               44.40 $               46.63 $               48.95 $               48.95 $ Associate Planner M‐284 Monthly: 6,978.40 $         7,332.00 $         7,696.00 $         8,082.53 $         8,484.67 $         8,484.67 $ Annual: 83,740.80 $       87,984.00 $       92,352.00 $       96,990.40 $       101,816.00 $     101,816.00 $ Hourly: 43.18 $               45.36 $               47.63 $               50.00 $               52.51 $               52.51 $ Building (Facility) Maint Supervisor M‐298 Monthly: 7,484.53 $         7,862.40 $         8,255.87 $         8,666.67 $         9,101.73 $         9,101.73 $ Annual: 89,814.40 $       94,348.80 $       99,070.40 $       104,000.00 $     109,220.80 $     109,220.80 $ Hourly: 56.26 $               59.07 $               62.02 $               65.12 $               68.38 $               68.38 $ Accountant M‐351 Monthly: 9,751.73 $         10,238.80 $       10,750.13 $       11,287.47 $       11,852.53 $       11,852.53 $ Senior Planner Annual: 117,020.80 $     122,865.60 $     129,001.60 $     135,449.60 $     142,230.40 $     142,230.40 $ Hourly: 57.99 $               60.88 $               63.92 $               67.12 $               70.47 $               70.47 $ City Forester M‐357 Monthly: 10,051.60 $       10,552.53 $       11,079.47 $       11,634.13 $       12,214.80 $       12,214.80 $ Public Works Superintendent Annual: 120,619.20 $     126,630.40 $     132,953.60 $     139,609.60 $     146,577.60 $     146,577.60 $ Hourly: 62.02 $               65.12 $               68.38 $               71.80 $               75.39 $               75.39 $ Principal Planner  M‐363 Monthly: 10,750.13 $       11,287.47 $       11,852.53 $       12,445.33 $       13,067.60 $       13,067.60 $ Annual: 129,001.60 $     $   135,449.60 $    142,230.40 $    149,344.00 $    156,811.20 $    156,811.20 Notes:Resolution 2022‐083 adopted September 13, 2022 effective July 1, 2022*Longevity Eligibility: Refer to the MOU Article 6: Longevity/Merit Step Increase CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR MANAGEMENT EMPLOYEES UNIT (affiliated unit of LiUNA) CLASSIFICATIONS EFFECTIVE JULY 1, 2023
City Council December 6, 2022, Resolution #2022‐103 (pending adoption) EXHIBIT B 7% effective July 1, 2022 Longevity****
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 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 Annual: $          54,104.34 $          56,797.31 $            59,646.08 $            62,650.64 $            65,721.97 $          67,693.63 Hourly: $ 27.33 $ 28.69 $  30.13 $  31.62 $  33.21 $ 34.21 Maintenance Worker I G‐214 Monthly: $             4,736.82 $             4,972.36 $              5,222.74 $              5,480.54 $              5,756.89 $             5,929.59 Annual: $          56,841.82 $          59,668.34 $            62,672.90 $            65,766.48 $            69,082.62 $          71,155.10 Hourly: $ 30.06 $ 31.56 $  33.14 $  34.79 $  36.53 $ 37.63 Maintenance Worker II G‐224 Monthly: $             5,209.82 $             5,470.32 $              5,743.83 $              6,031.02 $              6,332.57 $             6,522.55 Annual: $          62,517.89 $          65,643.78 $            68,925.97 $            72,372.27 $            75,990.89 $          78,270.61 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 $          81,814.61Hourly: $ 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 CITY OF CARMEL‐BY‐THE‐SEA
PAY SCHEDULE FOR GENERAL EMPLOYEES UNIT (affiliated unit of LiUNA) CLASSIFICATIONS EFFECTIVE JANUARY 1, 2023
City Council December 6, 2022, Resolution #2022‐103 (pending adoption) EXHIBIT C 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 JANUARY 1, 2023
City Council December 6, 2022, Resolution #2022‐103 (pending adoption) 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 $ Maintenance Worker III Hourly: 33.06 $                   34.72 $                   36.45 $                     38.27 $                     40.19 $                     41.39 $ Facility Maintenance Specialist* G‐XXX Monthly: 5,730.81 $              6,017.35 $              6,318.21 $               6,634.13 $               6,965.83 $               7,174.81 $ Tree Climber & Care Specialist Annual: 68,769.68 $           72,208.16 $           75,818.57 $             79,609.50 $             83,589.98 $             86,097.67 $ 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 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 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 JANUARY 1, 2023
City Council December 6, 2022, Resolution #2022‐103 (pending adoption) 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, $           103,435.07 422.40 $ 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, $           107,162.85 041.60 $ 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 $ Notes:Resolution #2022‐082 approved September 13, 022 effective July 1, 2022.**Program Supervisor (Recreation) is the official job description ***Community Activities Assistant classification salary range will be eliminated through attrition.****Longevity: Refer to the MOU Article 20: Longevity/Merit Step Increase *Building Maintenance Specialist is the official job description

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

Resolution 2022-104, Authorizing a refund of Design Study (DS 22-140) and Lot Merger (LM 22-141) application fees of $4,653.75 to Eric Miller RECOMMENDATION:

Adopt Resolution 2022-104 authorizing a refund of Design Study and Lot Merger application fees of $4,653.75 to Eric Miller.

BACKGROUND/SUMMARY:

The applicant, Carla Hashimoto of Eric Miller Architects, Inc., submitted a Design Study (DS 22-140) and Lot Merger (LM 22-141) application on April 26, 2022 for the demolition of an existing single family residence and construction of a new single family residence at San Antonio Avenue 2 northwest of 11 th
Avenue and merger of the lots that comprise of the building site. The application fees were paid by Eric Miller on June 27, 2022. Upon receipt of the application and payment of fees, staff completed an initial review and provided comments as to what was required to deem the application complete. The application was not deemed complete, as additional information was required to be provided and included in the project plans. The determination of incompleteness was sent to the applicant on August 22, 2022.

On September 15, 2022, the applicant contacted staff to share that the property owner requested that work be stopped on the project. During the September 15
th communication, it was clarified that the property
owner did not intend to withdraw the application, but was pausing the project. On October 13, 2022, the applicant contacted staff once again to state that the property owner wished to withdrawal the application and requested a partial refund of the application fees as outlined in the municipal code (refer to Attachment 2).

CMC Section 17.02.120 (Fees) allows a partial refund of permit fees in the amount of 75% for applications that are withdrawn before a determination is made that the application is complete. As the applicant withdrew the application prior to staff deeming the application complete, the applicant is entitled to a 75% refund of the permit fee which amounts to $4,653.75.

CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by Council.

Specifically, Section 3.06.060 states that “from time to time it becomes necessary to refund certain permit fees, taxes, licenses, etc., in the normal course of City business. Upon recommendation from the Assistant City Administrator, the City Administrator or his/her duly authorized representative is authorized to approve such refunds in an amount not to exceed $1,000. All refunds over $1,000 shall require approval by the City Council.”
FISCAL IMPACT:

The staff time used to process this refund was included in the adopted FY 2022/2023 Budget. Additionally, the time spent by staff to conduct the completeness review was covered by the 25% of the fee that has been retained by the City.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) Resolution 2022-104
Attachment 2) Withdrawal Request

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-104

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

AUTHORIZING A REFUND OF DESIGN STUDY AND LOT MERGER PERMIT FEES IN THE AMOUNT OF $4,653.75 TO ERIC MILLER
WHEREAS, the applicant, Carla Hashimoto of Eric Miller Architects, Inc., submitted a Design Study (DS 22-140) and Lot Merger (LM 22-141) application on April 26, 2022; and WHEREAS, the applicant was assessed permit fees of $6,205 for the review of the applications; and
WHEREAS, the permit fees were paid by Eric Miller on June 27, 2022; and WHEREAS, staff performed a completeness review and determined that the application was incomplete on August 22, 2022; and
WHEREAS, on October 17, 2022 the applicant submitted a request to withdraw the applications; and
WHEREAS, CMC Section 17.02.120 (Fees) allows a partial refund of permit fees in the amount of 75% for applications that are withdrawn before a determination that the application is complete is made; and
WHEREAS, the applicant withdrew the application on October 17, 2022 prior to staff deeming the application complete; and
WHEREAS, the applicant is entitled to a 75% refund of the permit fee which amounts to $4,653.75; and
WHEREAS, CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by the City Council.

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

Authorize a refund of $4,653.75 to Eric Miller, which is 75% of the total collected permit fees for a Design Study (DS 22-140) and Lot Merger (LM 22-141) application submitted on April 26, 2022.

Attachment 1
Resolution No. 2022-104

Page 2 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
Evan Kort <[email protected]>
DS 22-140 (Endicott)
Carla Hashimoto
To: Evan Kort <[email protected]>
Hello Evan,
Please withdraw the application DS 22-140 (Endicott).

This is also a request for refund of partial fees based on the processing stage.

Please let me know if you have any questions.

Thank you,
Carla Hashimoto
Architect, Associate
Eric Miller Architects, Inc.

Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

Second Reading and Adoption of Ordinance 2022-004 amending Carmel Municipal Code (CMC) Title 15 (Buildings and Construction) by adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments
RECOMMENDATION:

Waive second reading and ADOPT Ordinance 2022-004 amending Chapter 15 of the Carmel Municipal Code (Buildings and Construction) adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments.

BACKGROUND/SUMMARY:

The State of California Building Standards Commission (CBSC), under CCR Title 24 establishes the minimum standards for building construction, fire safety and prevention, and public health and safety in the built environment throughout the State. The CBSC updates the Title 24 codes on a triennial cycle, with periodic updates as deemed necessary by the CBSC between triennial updates. The CBSC has adopted the 2022 edition of the California Building, Residential, Fire, Electrical, Plumbing, Mechanical, Green Building, Energy, Historic Building and Existing Building Codes, and they will become effective January 1, 2023. Local jurisdictions are required to begin enforcing the updated codes on that same date.

On October 4, 2022, the City Council was given a presentation by the City’s Building Official, Jermel Laurie, on the required California Building Standards Code (Title 24) adoption and two additional discretionary amendments to the Carmel Municipal Code recommended by staff.

On October 12, 2022, a public meeting was hosted by the Building Official at City Hall in person and virtually via Zoom. Two participants joined in person, and six joined virtually. The meeting presented the public with the required changes to the 2022 California Building Standards Codes and suggested additional local amendments. There were no concerns raised by the community about any of the amendments to the codes.

On November 1, 2022, at a Regular City Council Meeting, the Ordinance was introduced and Council unanimously passed it to a second reading on December 6, 2022.

Upon adoption, the State Building Codes will become effective on January 1, 2023. The Municipal Building Codes will become effective on January 7, 2023. This Ordinance adopts the codes enumerated in CCR Title 24 as required by the CBSC with local amendments addressing unique conditions and circumstances in the City of Carmel-by-the-Sea as described in the Ordinance in accordance with CBSC requirements.

FISCAL IMPACT:

No new revenues are anticipated as a result of this update. Processing this ordinance and implementation of the new codes are included part of the Community Planning and Building FY2022-2023 adopted budget.

PRIOR CITY COUNCIL ACTION:

The City Council approved updating Title 15 most recently in 2020 (Ord. 2020-001).

First Reading and Introduction of Ordinance 2022-004 on November 1, 2022.

ATTACHMENTS:

Attachment 1) Ordinance No. 2022-004

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2022-004

AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING CARMEL MUNICIPAL CODE (CMC) TITLE 15 (BUILDINGS AND CONSTRUCTION) BY ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING (CBC), RESIDENTIAL (CRC), ENERGY (CENC), FIRE (CFC), MECHANICAL (CMC), PLUMBING (CPC), ELECTRICAL (CEC), GREEN

BUILDING STANDARDS (CGBSC), HISTORIC BUILDING (HBC), AND EXISTING BUILDING

CODES (EBC) WITH LOCAL AMENDMENTS
WHEREAS, to remain compliant with California Building Standards Commission (CBSC) Title 24, it necessary to amend Title 15 of the municipal code adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments.

SECTION 1. CEQA Review. Pursuant to CEQA section 15378(b)(5), adoption of the building code is an administrative activity of local government that will have no direct or reasonably foreseeable indirect physical change on the environment and therefore is not considered a project requiring compliance with the California Environmental Quality Act (Section 21065 of the California Public Resources Code)

SECTION 2. Amendment of Title 15. The following Sections of Title 15 of the Carmel-bythe-Sea Municipal Code are amended to read (all other sections remain unchanged):

15.08.010 Adoption.

Except as otherwise amended by this chapter and Chapter 15.04 of this City Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

A. 2022 California Building Code and Appendices;

B. 2022 California Historic Building Code;

C. 2022 California Existing Building Code;

D. 2022 California Residential Code;

E. 2022 California Plumbing Code;

F. 2022 California Electric Code;

G. 2022 California Mechanical Code;

Attachment 1

Page 2 of 9 ends

Ordinance No. 2022-004
H. 2022 California Green Building Standards Code;

I. 2022 California Fire Code;

J. 2021 International Property Maintenance Code

K. 2022 California Energy Code

15.08.135 Retrofit Requirements for Residential Fire Sprinkler Systems Existing structures to which additions, alterations, or repairs are made that involve alteration, addition, removal or replacement of 50 percent or greater of the linear length of the walls of the existing building (exterior plus interior, including but not limited to gypsum board, wall board, board and batten, siding, or stucco) within a five-year period shall be provided with an automatic residential fire sprinkler system in accordance with the California Building and Fire Codes. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.08.260 Exemption for Pending Applications.

The provisions of the 2022 Editions of the California Building Code, and Appendices, the 2022 California Historic Building Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Fire Code, the 2021 International Property Maintenance Code, the 2022 Existing Building Code, and the 2022 California Energy Code, as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application.

15.10.010 Adoption.

The 2022 California Residential Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the residential code for the City except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh.

A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 9904 (Exh.

B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.10.030 Amendments to the 2022 California Residential Code.

Section R403.1.3 of the 2022 California Residential Code is hereby amended to read as follows:

1. Table R301.2(1)
Attachment 1

Page 3 of 9 ends

Ordinance No. 2022-004

2. Section R403.1.3:

Footing and stem wall reinforcement in Seismic Design Categories D0, D1 and D2. Concrete footings located in Seismic Design Categories D0, D1, and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

15.20.010 Adoption
The 2022 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code for the City, except as amended in this chapter and Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008- 02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 § 1, 1996; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1131.0).

15.24.010 Adoption
The 2022 California Plumbing Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the plumbing code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1141.0).

15.36.010 Adoption
The 2022 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the electrical code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008- 02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 § 1, 1996; Ord. 91-1 § 1, 1991; Code 1975 § 1161.0).

Chapter 15.55 California Fire Code
Sections

15.55.010 2022 California Fire Code – Adopted

15.55.020 Fire Code – Effective Date – Copy on File

15.55.030 Definitions

15.55.040 Establishment of Limits in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks Is Prohibited.

15.55.050 Establishment of Limits in Which Storage of Liquefied Petroleum Gases is Prohibited.

15.55.060 Establishment of Limits in Which Storage of Explosives and Blasting Agents is Prohibited.

Attachment 1

Page 4 of 9 ends

Ordinance No. 2022-004

15.55.070 Establishment of Limits in Which Storage of Stationary Tanks or Flammable Cryogenic Fluids is Prohibited.

15.55.080 Establishment of Limits in Which Storage of Hazardous Materials is Prohibited.

15.55.090 Fireworks Prohibited.

15.55.100 Amendments to the California Fire Code

15.55.110 Repeal of Conflicting Ordinances

15.55.120 Validity

*Prior legislation: Code 1975§§720.0 – 725.0, 726.0, 726.1, 730.0 – 730.0 (o), Ords. 325 C.S., 77- 2, 79-21, 82-11, 83-25, 85-21, 86-17, 87-11, 89-24, and 95-15.

15.55.010 2022 California Fire Code – Adopted
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2022 California Fire Code, published by the International Code Council, save and except those portions as are deleted, modified, or amended, of which code not less than one copy is now on file in the office of the City Clerk, is adopted and incorporated in the municipal code as if set out at length in this code, and the provisions thereof shall be controlling within the limits of this City. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.55.020 Fire Code – Effective Date – Copy on File
The effective date for the 2022 California Fire Code adopted by CMC 15.55.010 within the City shall be January 1, 2023. The City Clerk shall maintain on file in the official records the edition of the California Fire Code currently in effect at all times. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.55.100 Amendments to the California Fire Code
The 2022 California Fire Code is amended and changed as follows as described in subsections (1) through (37) of this section.

2. Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in Appendix Chapter 4 and Appendices B, BB, C, CC, D, H, and I, are hereby adopted in their entirety and shall apply.

6. Section 105.5.0 is added to read as follows:
105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

7. Section 105.6.6 is amended to read as follows:

Attachment 1

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Ordinance No. 2022-004
105.6.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related systems, including systems installed in Group R-3 occupancies (one- and two-family homes).

Maintenance performed in accordance with this code is not considered a modification and may not require a permit as determined by the fire code official.

8. Section 112.4 is amended to read as follows:
112.4 Violation penalties. Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

10.4. Section 304.3.5 is added to read as follows:
304.3.5 Rubbish within Dumpsters. In all rooms or aboveground outside areas, adjacent to a building or underneath roof overhangs or when located nearer than 10 feet to an adjacent property line, containers used for storage of combustible waste materials in other than Group R, Division 3 occupancies shall be protected by automatic sprinkler protection. Such sprinklers may be connected to the domestic water supply, provided sufficient coverage of the area is provided and an approved accessible shutoff valve is provided for each room or area.

Exception: Trash areas adjacent to solid brick or concrete walls with no openings or eaves and a minimum of ten feet (10') separation distance between the dumpster and adjacent property line are not required to be protected by automatic sprinkler system(s).

18. Section 605.3.1 is added to read as follows:
605.3.1 Spark arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, solid-fuel burning fire pits, or similar devices where the burning of solid fuel conveys smoke, embers and hot gases to the outer air.

20. Reserved.

21. Section 901.4.6 is amended to read as follows:
901.4.6 Appearance of equipment. Any device that has the physical appearance of life safety or fire protection equipment but that does not perform that life safety or fire protection function Attachment 1

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Ordinance No. 2022-004
shall be prohibited. Any non-required fire protection equipment that is no longer in service shall be removed.

22. Reserved.

23. Section 901.6.4 is added to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.

26. Section 903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.

903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.

903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.6 Accessible storage areas.

Automatic sprinklers shall be installed in all accessible storage areas.

903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

27. Section 903.3.1.3 is amended to read as follows:

Attachment 1

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Ordinance No. 2022-004
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D.
903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a twohour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems off of a single water meter. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.
903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage., where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and structures. 903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

31.6. Section 904.13.6 is added to existing section:
904.13.6 Non-Conforming Restaurant Cooking Appliances and Fire Extinguishing Systems.

All non-conforming restaurant cooking appliances, hood and duct systems, and fire extinguishing systems found to exist as of the effective date of this Ordinance shall be made to conform to the requirements of this Section within 90 days of notification. It shall thereafter be unlawful for any person to maintain or suffer to be maintained any non-conforming restaurant cooking appliance, hood and duct system or fire extinguishing system on any property owned or controlled by said person within the City of Carmel.

33. Section 907.6.6.5 is added to read as follows:

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Ordinance No. 2022-004
907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

34. Section 907.6.6 is amended to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter, by the California Building Code, or installed voluntarily shall be monitored by a UL-listed central station and shall be documented as UL-certificated central station service systems in accordance with NFPA 72- 2010 and this section.

35.4. Section 907.8.4 is amended to read as follows:
907.8.4 Inspection, testing and maintenance. The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing. Service personnel shall meet the qualification requirements of NFPA 72 for inspection, testing and maintenance of such systems. Records of inspection, testing and maintenance shall be maintained.

37. Section 4907.1.1 is added to read as follows:
4907.1.1 Standard Defensible Space Requirements: Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer.

Vegetation shall be no taller than four inches (4") high. Limb trees 6 feet up from ground.

Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the fire code official and other jurisdictional authorities.

15.36.020 Placement of Service Laterals
A. Within all land use zones, all electrical service laterals to any new building or structure, or to any building or structure being remodeled when such remodeling requires the relocation or replacement of the property owner’s main service equipment, shall be placed underground on the premises upon which the building or structure is located, in accordance with applicable rules, regulations and tariffs on file with the California Public Utilities Commission.

Exceptions to undergrounding of utilities for remodeling:

1. Undergrounding of utilities will not be required when a valuation is less than $200,000. The permit applicant shall submit contractor bids and other documentation verifying that the Attachment 1

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Ordinance No. 2022-004
valuation is under $200,000 upon request by the Building Official. The valuation of $200,000 shall apply to all construction over a cumulative five-year period prior to and/or after installation of a main electrical service panel.

2. Undergrounding of utilities will not be required when it is determined by the City Forester that the undergrounding operation will damage or destroy significant tree(s); provided, that the property owner posts a bond in an amount equal to the estimated cost of the undergrounding work. The bond shall be maintained until such time that the service lateral is placed underground.

SECTION 3. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea.

INTRODUCED at a Regular City Council Meeting on November 1, 2022.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

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

Second Reading and Adoption of Ordinance 2022-005 Amending Section

2.74.010(B) of the Carmel-by-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board
RECOMMENDATION:

Waive reading in full, and ADOPT Ordinance 2022-005 Amending Section 2.74.010(B) of the Carmel-bythe-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board.

BACKGROUND/SUMMARY:

The Historic Resources Board consists of five members appointed by Council, with powers and duties to administer the City’s historic preservation program. At the October 4, 2022, Regular Meeting, City Council discussed options to amend the qualifications for members of the Historic Resources Board (HRB) in order to expand the pool of applicants and fill vacancies. The HRB has one (1) unfilled vacancy that has been challenging to fill based on the current City Code's requirements for applicants.

Council has directed staff to draft an Ordinance to amend City Code Chapter 2.74.010(B), to state that in the event that no resident with the requisite expertise can be found, the City shall allow up to two members of the HRB to reside outside of Carmel-by-the-Sea City limits, so long as they reside within Monterey County, and meet all other qualifications for HRB as stated in the municipal code. All HRB applicants must follow the usual protocols for submitting an application, interviewing with the ad hoc committee, and must demonstrate relevant knowledge or experience in a field related to historic preservation such as:
architectural history, architecture, archaeology, anthropology, paleontology, architecture, historic architecture, local history, construction, planning, geography, landscape architecture, urban design, ethnography, fine arts, or real estate. A majority of the board (3 or more members) must at all times be residents of Carmel-by-theSea, and up to two (2) members may reside outside of City Limits within Monterey County.

Staff recommends that Council waive full reading, read by title only, and ADOPT Ordinance 2022-005, Amending Section 2.74.010(B) of the Carmel-by-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board.

FISCAL IMPACT:

No direct fiscal impact for this item.

PRIOR CITY COUNCIL ACTION:

On June 1, 2021, Council adopted Ordinance 2021-001, Amending Sections 2.28.030, 2.28.060,

2.32.030, 2.36.030, 2.72.030, and 2.74.010 of the Carmel-by-the-Sea Municipal Code related to timing of Board and Commission appointments and updating the Community Activities Commission mission statement.

First Reading and Introduction of Ordinance 2022-005 on November 1, 2022.

ATTACHMENTS:

Attachment 1) Ordinance 2022-005

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2022-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING SECTION 2.74.010(B) OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE

RELATED TO BOARD MEMBER QUALIFICATIONS FOR THE HISTORIC RESOURCES BOARD
WHEREAS, to expand the pool of qualified candidates for the Carmel-by-the-Sea Historic Resources Board, the City Council has determined it necessary to amend provisions of the municipal code regarding the qualifications for members, in order to fill vacancies that arise in a timely manner.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE SEA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Section 2.74.010(B) of Title 2, Chapter 2.74 of the Carmelby-the-Sea Municipal Code is amended to read in its entirety as follows:

B. Board Member Qualifications.

1. Members of the Board shall have demonstrated interest in and knowledge of architectural history, architecture, archaeology, anthropology, paleontology, architecture, historic architecture, local history or fields related to historic preservation such as construction, planning, geography, landscape architecture, urban design, ethnography, fine arts, or real estate.

2. The Board shall be comprised of three professional members, consisting of one member each, from the following combined fields: (1) history, architectural history, or urban design, (2) architecture or historic architecture, and (3) archaeology, anthropology, or paleontology.

The remaining two public members may represent any of the related historic preservation fields noted above, or demonstrate an interest in historic preservation.

3. All members shall be residents and electors of the City, except in the event that no resident with the requisite expertise needed for a professional member can be found. In such case up to two (2) professional member appointees may reside outside the City limits but within Monterey County, so long as the appointee meets all other requirements in sections 1 and 2, above. In any event, at least three (3) Board Members shall at all times be composed of resident-electors of the City and no more than 2 members may be residents of Monterey County.

SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that the proposed ordinance is not subject to California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject regulations have no potential for resulting in any significant physical change to the environment, either directly or indirectly.

Attachment 1
Ordinance No. 2022-005

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SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

INTRODUCED, at a Regular City Council Meeting on November 1, 2022.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this 6 th day of December, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
December 6, 2022

ORDERS OF BUSINESS
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 2022-105, Accepting donations from Carmel Cares, an official City Support Group, and approving a Budget Amendment to the Fiscal Year 2022/23 Adopted Budget
RECOMMENDATION:

Adopt Resolution 2022-105, accepting donations from Carmel Cares, an official City Support Group, and approving a Budget Amendment to the Fiscal Year 2022/23 Adopted Budget.

BACKGROUND/SUMMARY:

Background
The City of Carmel-by-the-Sea in general, and the Public Works Department in particular, have benefitted significantly from a number of volunteer non-profit organizations who have stepped up to help us maintain and beautify the City. One volunteer organization, “Carmel Cares,” was started as a result of the pandemic’s effect on the City’s budget reduction and ability to maintain public spaces but has continued to grow in scope and effectiveness, even as we return to a pre-pandemic staffing level.

According to them, “Carmel Cares is a 501(c)3 City Support group dedicated to keeping Carmel-by-theSea a beautiful, safe, and inviting place. We help by partnering with the City of Carmel and other nonprofits whereby our volunteers, and professional contractors we fund and manage, work on maintenance and improvement projects as well as community engagement programs. We work under the direction of Carmel’s Publics Work Department. Our 100% volunteer-managed organization is funded through private donations. Email [email protected] to volunteer or donate, or to learn more, visit www.CarmelCares.org.”
Carmel Cares operates with oversight from the Public Works Director, City Forester, Administrative Analyst, Community Planning and Building Director, and other City staff. Bi-weekly teleconferencing meetings are held to keep all parties updated on projects and to coordinate ongoing activities. Most routine improvement projects and maintenance activities are approved through the Public Works, Community Planning and Building, and Police Departments as applicable. Larger projects, or those requiring the allocation of City funds, require approvals from the Forest and Beach and/or Planning Commissions, as well as the City Council when required.

Carmel Cares also acts as a fiscal sponsor to allow smaller, non-501(c)3 organizations to receive grant funding from charitable sources when it helps to achieve their mission. They also work closely with Carmel Gives, which is a donor advised fund created and partially funded by Tim Allen and managed by Carmel Cares’ President Dale Byrne. Since June, 2020, Carmel Gives has issued over $1.2 million in grants to the City, charitable organizations, and to local businesses challenged during the COVID pandemic.

In September 2021, Council adopted Resolution 2021-046, designating Carmel Cares as an official City Support Group in accordance with Support Group Policy No. 89-47.

In the Spring of 2022, Carmel Cares and staff submitted an application to the League of California Cities for the prestigious Helen Putnam Award for Excellence under the category of Community Services and Economic Development. Although we have a one-of-a-kind Public-Private Partnership focused on improving the community in so many diverse ways, we were not successful this year, but we plan to try again.

Key Accomplishments
Carmel Cares continues to provide ongoing maintenance and improvements around City facilities and public spaces. The following describe some of their most key accomplishments since the last donation acceptance in June 2021.

Scenic Pathway Restoration Project: Every Wednesday, for 108 weeks, 5 to 13 volunteers and 3 paid gardeners worked their way from Eighth Avenue to Martin Way to maintain this valuable City asset. As noted in the FY 2022/23 budget, gardening services along the Scenic Pathway are now reimbursed by the City, up to $2,000 per month, or gardening services will be performed by the City’s landscaping contractor.

Carmel Cares also prepared a plan which inventories the existing Scenic Pathway barrier rails and pathway borders, with recommendations for replacement and extensions of many portions of both along the Pathway. They are also fundraising to cover the construction cost for the project, with the City contributing up to $50,000 in previously-approved capital funding to pay for the materials.

Forest Theater: Over the past 2 ½ years, volunteers have restored this historic outdoor theater grounds to excellent condition. This includes weeding, refurbishing the bench seating, watering trees provided by the Friends of Carmel Forest, and cleaning the stage area and grounds prior to every show.

With approval of the Forest and Beach Commission and administrative approvals, Carmel Cares have funded and installed a major Landscape Restoration Project in partnership with three Rotary Clubs.

Planning is also in progress for installation of picnic tables and pathways, including an ADA-compliance pathway and table.

Vista Lobos Park: Volunteers have rejuvenated this park, and we now have a working irrigation system, trimmed plants, and seasonal wildflowers. They also keep the surrounding grounds cleaned and plan to improve the seating area.

Carmel Cares Structures: Carmel Cares volunteers and local professionals have teamed up to create unique a number of physical structures that provide specific functions and add to Carmel’s character.

Community Engagement Programs
Carmel Cares has created a variety of community engagement programs including:

Downtown Detail: A highly-energized team of volunteers who work downtown to perform beautification projects such as weeding, sweeping, clearing and planting easements, curb bump outs, and trash containers, and acquiring, placing, and maintaining pots and plants.

Median Minders: A managed group of resident volunteers across the City who “adopt” median islands, bump outs, and easements in their neighborhoods and plant and maintain them over time.

Pick Up Posse: Nearly 50 volunteers pick up litter with blue-branded buckets and pick up claws while acting as Carmel Ambassadors. This group has scheduled members every day of the week for Carmel Beach, Scenic Pathway, and downtown Carmel, as well as others who volunteer at the time and places of their choosing.

Tag Team: A small team of volunteers who received special training and materials to remove graffiti and stickers that have been reported to [email protected]. Or noticed by other volunteers or reported by the public. The Tag Team reports significant incidents to the Police Department and works with Public Works on situations that involve special handling.

Combined, these projects and programs have resulted in major improvements and upkeep of important City assets and the overall beautification of the Village. This past year, Carmel Cares also became an affiliate with “Keep America Beautiful,” https://kab.org/. Called Keep Carmel Beautiful, this effort will leverage the programs and grants that the national organization provides, connects us with other affiliates to share ideas.

Included in this initiative is production of an annual survey of the Village in terms of litter and beautification.

Donations to be Accepted
The City's Donation and Gift Policy No. 2017-02 establishes a formal process for the acceptance and documentation of donations made to the City in a responsible, transparent, and accountable manner.

Donations of items valued at $2,499 or below may be accepted by the City Administrator. Donations of items valued at $2,500 or more must be accepted by the City Council. A Donation Acceptance Form is filled out and issued to the donor for all non-labor donations.

At this time, the City Council should accept the following generous donations from Carmel Cares which have taken place since June 2021. The expenses for services and materials include actual expenditures and associated volunteer hours. The total value of the goods and services donated to the City as listed below is $150,316 plus 7,808 volunteer hours.

Provided weekly maintenance along the Scenic Pathway consisting of 5-13 volunteers and 3 professional, paid gardeners. Trimming, raking, removing ice plant from seawalls, clearing sand from stairways, and sweeping connecting pathways. $40,412 and 2,400 volunteer hours. Weekly maintenance services at Devendorf Park. Includes deep cleaning of grounds, hedge trimming, lawn mowing, and creating and improving several garden areas with stone surrounds and plantings - $23,560 and 200 hours.

Fabricated mahogany map display cases, mahogany show bill presentation case at Sunset Center, eight mahogany marquees in front of Scenic Pathway trash enclosures, and two custom housing enclosures that protect backflow preventers at Public Works and Forest Hill Park - $17,291 and 200 hours.

Increased the height of granite walls to reduce erosion on four beach stairways along the Scenic Pathway - $11,500 and 40 hours.

Installed house lighting at Forest Theater with partial funding from Lion’s Club - $8,880 and 16 hours.

Provided maintenance services at Forest Theater including weeding, tree and plant trimming, gate repairs, cleaning seating area, parking lot, and surrounding streets and medians - $8,295 and 400 hours.

Median Minder cleaning and planting median islands and easements, including Fourth Avenue pathway, Lincoln, North Dunes boardwalk, Ocean Avenue medians, and others - $6,551 and 1,000 volunteer hours.

Professional sidewalk cleaning downtown - $5,655 and 32 hours.

Downtown beautification projects including pots, stone, and plants - $4,928 and 1,000 hours.

Installed granite border around the landscaped island on the Scenic Pathway at Thirteenth Avenue, and added plants and mulch - $4,800 and 24 hours.

Fabrication and installation of safety handrails for ADA ramp outside Forest Theater - $4,140 and 16 volunteer hours.

Installed safety improvements along the Scenic Pathway at Eight, Tenth, and Eleventh Avenues - $4,000 and 32 hours.

Forest Theater restroom sidewalk support - $2,800 and 8 hours.

Reconstructed safer stone curb at ADA parking space at Forest Theater - $2,447 and 8 hours.

Improved trash enclosure on the Scenic Pathway at Eighth Avenue to allow for use of two trash bins - $2,117 and 20 hours.

Tag Team supplies for graffiti and stickers removals - $1,000 and 200 hours.

Fabricated a wooden library shrine at the Lincoln side of Harrison Memorial Library - $800 and 80 hours.

Design and production of new beach fire A-frame beach fire signs - $640 and 32 hours.

Pick Up Posse supplies for Carmel Beach, Scenic Pathway, and Downtown - $500 and 1,500 hours
Preparation and presentation of status meetings with Public Works - 600 hours.

Other Community Activities and Activities
In addition, Carmel Cares has worked on several other projects including the following:

Assisting in fundraising and planning and execution volunteer projects with o Carmel Art Festival
o Carmel Dance Festival
o Carmel Woman’s Club
o Carmel Youth Center
o CERT program
o Monterey County Boys & Girls Club
o Monterey County Workforce Development’s Green Cadre workforce Working with neighborhood groups and PG&E to organize undergrounding powerline projects.

Managing nonprofit overhead operations: accounting, marketing, communications, board meetings, and fundraising - $52,000 and 1,000 hours.

FISCAL IMPACT:

City Donation and Gift Policy No. 2017-02 requires City Council acceptance of donations with a value over $2,500. There were several items listed above that exceed that threshold.

Carmel Cares has donated an array of professional services, materials, and equipment and performed significant labor over the past 16 months. All donations are very much appreciated. The combined total cost of items donated to the City from Carmel Cares is approximately $150,316 plus 7,808 of volunteer labor hours.

PRIOR CITY COUNCIL ACTION:

In October 2020, Council adopted Resolution 2020-067 accepting donations of projects, equipment, goods, and services valued at $9,262. At the December 2020 Special Meeting, Carmel Cares Chief Caring Officer Dale Byrne gave a presentation regarding the objectives, accomplishments, and pursuits of Carmel Cares and Carmel Gives.

In January 20221, Council adopted Resolution 2021-001 accepting donations of additional projects, equipment, goods and services valued at $86,441. In June 2021, Council adopted Resolution 2021-021 accepting donations of additional projects, equipment, goods and services valued at $29,977. In September 2021, Council adopted Resolution 2021-046, designating Carmel Cares as an official City Support Group in accordance with Support Group Policy No. 89-47.

In March 2022, Council accepted a $50,000 pass-through donation towards the purchase of a new ambulance. The grant was from a family foundation which provided it to Carmel Cares as a non-profit organization, and the grant was forwarded to the City.

ATTACHMENTS:

Attachment 1) Resolution 2022-105

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-105

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

DONATIONS FROM CARMEL CARES, AN OFFICIAL CITY SUPPORT GROUP, AND APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2022/23 ADOPTED BUDGET WHEREAS, the City of Carmel-by-the-Sea in general, and the Public Works Department in particular, have benefitted significantly from a number of volunteer non-profit organizations who have stepped up to help us maintain and beautify the City since the start of the Covid-19 Pandemic; and WHEREAS, a local nonprofit volunteer group, known as “Carmel Cares,”” which is credited with the creation of unique, community engagement groups such as the “Downtown Detail,” “Median Minders,” “Pick up Posse,” and “Tag Team,” all of which passionately help the City by maintaining and beautifying Carmel under the guidance of the City’s Public Works Department; and WHEREAS, the City’s Donation and Gift Policy No. 2017-02 requires the City Council to accept donations of $2,500 or more; and
WHEREAS, since the City Council last accepted donations from Carmel Cares in June 2021, Carmel Cares have donated additional professional services, materials, and supplies for a wide range of projects, at a number of City facilities and properties, collectively valued at $150,316 plus 7,808 volunteer hours, as itemized below.

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

Accept the following donations, with a total value of is $88,546 plus 5,024 volunteer hours, from Carmel Cares:
• Weekly maintenance services including landscaping for Scenic Pathway, Devendorf Park, Forest Theater, median islands, Downtown Beautification - $88,546 and 5,024 volunteer hours
Accept the following donations, with a total value of is $53,975 plus 420 volunteer hours, from Carmel Cares:
• Safety improvements on the Scenic Pathway at Eight, Tenth, and Eleventh Avenues - $4,000 and 32 hours
• Safety handrails for an ADA ramp at Forest Theater - $4,140 and 16 hours • Forest Theater restroom sidewalk support - $2,800 and 8 hours • Stone curb reconstruction at Forest Theater - $2,447 and 8 hours • Trash enclosure improvement on the Scenic Pathway at Eighth Avenue - $2,117 and 20 hours
• Mahogany map display cases, show bill at Sunset Center, mahogany marquees at Scenic Pathway trash enclosures, and two custom backflow housings - $17,291 and 200 hours
• Granite wall improvements to reduce erosion on four beach stairways - $11,500 and 40 hours
• Wooden shrine at the Harrison Memorial Library - $800 and 80 hours • House lighting at Forest Theater - $8,880 and 16 hours Attachment 1
Resolution 2022-105

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