CITYOF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
Mayor Dave Potter, Council Members Jeff Baron,
Alissandra Dramov, Karen Ferlito, and Bobby
Richards
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, January 10, 2023
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/82365847790 Meeting ID: 823 6584 7790 Passcode: 150880 Dial-in (253) 215-8782
The COVID-19 Community Level for Monterey County as of the date of this agenda posting on January 4, 2023, is MEDIUM. Per Urgency Ordinance 2022-006, wearing a face mask to attend a meeting of a legislative body inside a City facility is REQUIRED, regardless of vaccination status, when the community level is medium or high. 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
PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.
Matters not appearing on the agenda will not receive action at this meeting and may be referred to staff. Persons are not required to provide their names, and it is helpful for speakers to state their names so they may be identified in the minutes of the meeting.
ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Council Member Announcements
CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.
1. December 6, 2022 Regular Meeting Minutes, and December 13, 2022 Special Meeting Minutes
2. November 2022 Check Register Summary
3. November 2022 Monthly Reports
4. Resolution 2023-002, authorizing the City Administrator to execute a Professional Services Agreement with Jayson Architecture, for an amount not to exceed $55,000, for the Library Master Plan Project
5. Resolution 2023-003 to extend purchase contract with AXON for Police Body Cameras and related equipment and services
6. Adopt Resolution 2023-006 appointing Councilmember Baron as the Policy Board Primary for the Central Coast Community Energy (CCCE)
7. Resolution 2023-008, Proclaiming the Continuing Need to Meet by Teleconference Pursuant to Government Code Section 54953 (e)
ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.
8. Consideration of a request from the Carmel-by-the-Sea Rotary Club to install up to two (2) Rotary International signs at the entrance(s) of the City.
9. Resolution 2023-004, awarding a Professional Services Agreement to BKF Engineers for the Concrete Streets Repair Project for a not-to-exceed fee of $214,667
10. Resolution 2023-005 confirming Councilmember appointments to outside agencies
11. Receive an after action on Third Thursday and an update on the Farmers' Market and consideration of a Resolution 2023-007 authorizing the consumption of alcohol at the Farmers' Market Third Thursday events in 2023
PUBLIC HEARINGS
1. 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) - Continued from December 6, 2022
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
January 10, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
December 6, 2022 Regular Meeting Minutes, and December 13, 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) December 6, 2022 Regular Meeting Minutes
Attachment 2) December 13, 2022 Special Meeting Minutes
CITY COUNCIL
REGULAR MEETING
December 6, 2022
4:30 p.m.
OPEN SESSION
CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 p.m.
Councilmembers Ferlito, Theis, Richards and Mayor Potter were present.
Councilmember Baron arrived at the dais at 5:13 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Theis led the pledge of allegiance.
EXTRAORDINARY BUSINESS
A. Statement of Support for the Guard and Reserve
Mayor Pro Tem Richards read the Certificate of Support for the Guard and Reserve and thanked Facilities Maintenance Specialist Leo Hernandez for his service as an Army National Guard Reserve.
PUBLIC APPEARANCES
Patrick Ferguson addressed the Council regarding his dismay that MST has canceled bus route #11 from Seaside/Sand City to Carmel beginning Saturday. Christy Hollenbeck addressed the Council regarding Stop Cell Towers' support of a strongly written wireless ordinance that protects the residents. A Carmel student voiced support of Carmel Cares. A Carmel resident thanked Councilmember Theis for her service. Victoria Beach thanked the community for their outpouring of support in hosting a refugee family from Ukraine. Nancy Twomey thanked City staff, volunteers, and the community for a successful tree-lighting event last Friday. Parker Logan addressed the Council regarding the Parklet funds that the City collected and the RHINA allocation for Carmel.
ANNOUNCEMENTS
A. City Administrator Announcements - Thanked all City Staff that kept the City safe and pulled off a fantastic tree lighting event on December 2nd that was well attended and received.
He spoke about the Rotary Club Fundraiser and was proud to see the community support for the refugee family from Ukraine. He announced the Special Meeting on December 13th to swear in Councilmembers Dramov, Baron, and Mayor Potter.
B. City Attorney Announcements - No reports.
Attachment 1
C. Councilmember Announcements -
Councilmembers Ferlito and Theis - No reports; thanked City Staff for the wonderful tree lighting event.
Mayor Pro Tem Richards and Mayor Potter - No reports, thanked City Staff as well for the tree lighting event.
CONSENT AGENDA
Public Comment: None
Motion by Mayor Pro-Tem Richards to approve Consent Agenda items 1-10, seconded by Councilmember Ferlito, and adopted 4-0-1-0 by the following roll call vote:
AYES: Councilmembers Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: Councilmember Baron
ABSTAIN: None
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 Attachment 1
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
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 Dale Byrne from Carmel Cares gave a presentation to Council. Council thanked Mr. Byrne for all of the support they have given to the City of Carmel. Councilmember Ferlito said Carmel Cares is a great example of a public-private partnership and the creation of community relationships.
Public Comment:
Lucinda Lloyd addressed the Council in support of the Resolution.
Motion by Councilmember Theis, to adopt Resolution 2022-105, seconded by Councilmember Ferlito, and adopted 4-0-1-0 by the following roll call vote:
AYES: Councilmembers Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: Councilmember Baron
ABSTAIN: None
Councilmember Baron arrived at the dais at 5:13 p.m.
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
City Administrator Rerig gave a brief summary of the item.
Councilmember Baron spoke about the different iterations of the Police Department (PD) renovation that has increased over the last 5 years from $1M to now $3.3M project and said he does not support the current project scope at this time. He asked that Council consider whether the project should take a step back and conduct an analysis of the PD and all City facility buildings within the area. Mayor Potter voiced agreement with much of what Councilmember Baron brought up and suggested creating an ad-hoc committee consisting of himself, Councilmember Baron, and key staff to provide direction and leadership on the project and scope. Councilmember Ferlito said she would like to hear from Police Chief Ward about the current Police building deficiencies.
Councilmember Theis said that expanding the project to include other City facilities surrounding the Police Department, would make the scope even larger than it currently is and delay the PD renovations further.
Attachment 1
City Administrator Rerig said that the PD renovation is one of the most important CIP projects the City currently has, and the PD runs 24-7 and needs to have a working facility. Fred Meuer and Public Works Director Bob Harary gave a presentation on the item and answered questions from Council. Police Chief Ward spoke about the top concerns, deficiencies, and needs of the police department building.
Public Comment:
Alissandra Dramov spoke in support of the Council creating an ad-hoc committee to re-evaluate the project and think big and long term. Dale Byrne commented that there have been several studies done and no progress made to complete the project.
Council discussion resumed. Resolution 2022-106 failed due to lack of motion.
Motion by Mayor Pro Tem Richards to create a Police Department Renovation ad hoc committee, consisting of Mayor Potter, Councilmember Baron, and key staff to develop a preliminary plan and project scope for the Police Department building, and consider possible master plan for the NE corner building use, and return with an update for Council in March 2023. Motion seconded by Councilmember Theis, and carried 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
13. Resolution 2022-107, Establishing the meeting dates of the City Council for the calendar year 2023
City Clerk Romero gave a brief overview of the item.
Public Comment: None
Motion by Mayor Pro Tem Richards to adopt Resolution 2022-107, seconded by Councilmember Baron, and adopted 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Council took a recess from 6:13 to 6:25 p.m.
14. Consider requests and recommendations from the Steering Committee regarding the Design Traditions 1.5 Project
Attachment 1
Community Planning and Building Director Swanson gave a brief overview of the item. Nore Winter, Design Consultant, and Victoria Beach, Design Traditions 1.5 Committee Chair, addressed the Council and answered questions.
Public Comment:
Maryanne Shaker Townsend requested that Council authorize hiring a landscape architect for this project. Don Goodhue said that the committee would like to have some input in the selection of the landscape architect. Neal Kruse said he is pleased with the Design Traditions Committee’s progress. Richard Kreitman and Karyl Hall addressed the Council and said that landscaping cannot hide bad architectural design.
Council discussion resumed.
Motion by Mayor Potter, directing staff to stay on board with the plan, timeline, and scope of Nore Winter Co, to create a Landscape Ordinance for Council by June 2023, and for Council to approve an RFP to hire a landscape architect by February, seconded by Mayor Pro Tem Richards, and approved by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
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 Mayor Potter stated that this item has been recommended for a continuance to January 2023.
Public Comment:
Andreas Macsen spoke in favor of continuing the item to allow time for discussion.
Adam Pinterits spoke in favor of continuing this item and gathering public input.
Anne Cocklin spoke in favor of continuing this item.
Simon Bull spoke in favor of continuing this item for future discussion.
Motion by Councilmember Baron, to leave the public hearing open and continue Ordinance 2022-007 to January 10, 2023, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Attachment 1
16. Consider Resolution 2022-108, Approving the Historic Context Statement Update for the 1966-1986 time period
Katherine Wallace, Associate Planner, gave a brief presentation on the item and answered questions from staff.
Public Comment:
None
Motion by Mayor Pro Tem Richards to adopt Resolution 2022-108, seconded by Councilmember Ferlito, and adopted 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
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 Mayor Potter and Mayor Pro Tem Richards recused themselves for this item due to proximity and left the dais at 8:03 pm.
Acting Mayor Theis opened the public hearing. Community Building and Planning Director Swanson said that the applicant has requested a continuance of this item, and staff is seeking direction from Council.
Public comment:
Mr. Barlow addressed the Council on behalf of the applicant, in favor of continuing the item.
Motion by Councilmember Baron to keep the public hearing open, continue this item to March 7, 2023, to give the applicant additional time to provide the financial information requested, seconded by and approved 3-0-0-2 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, and Theis
NOES: None
ABSENT: None
ABSTAIN: Mayor Potter and Mayor Pro Tem Richards (recused) Attachment 1
FUTURE AGENDA ITEMS
Strategic planning update.
ADJOURNMENT
Council adjourned the meeting at 8:15 PM
APPROVED:
_____________________________ __________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
CITY COUNCIL
SPECIAL MEETING
December 13, 2022
4:30 PM
OPEN SESSION
CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Theis led the pledge of allegiance.
PUBLIC APPEARANCES
None.
ORDERS OF BUSINESS
1. Resolution 2022-109 declaring the results of the General Municipal Election held in the City of Carmel-by-the-Sea on November 8, 2022; and the appointment of Mayor Pro Tempore for 2023 Mayor Potter appointed Bobby Richards as the Mayor Pro Tem for 2023.
Public comment: none
Motion by Councilmember Theis to adopt Resolution 2022-109, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 with the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Theis, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
EXTRAORDINARY BUSINESS
A. Remarks by outgoing Councilmember Carrie Theis
Councilmember Theis addressed the Council and public.
B. Administer Oath of Office to Dave Potter, Jeff Baron, and Alissandra Dramov Attachment 2
City Clerk Romero conducted the oath of office for Mayor Dave Potter and Councilmembers Dramov and Baron.
C. Remarks by newly sworn Mayor and/or members of the City Council Councilmembers Baron, Dramov, and Mayor Potter addressed the Council and public.
ADJOURNMENT
Council adjourned the meeting at 4:56 pm.
APPROVED:
__________________________ ____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: November 2022 Check Register Summary
RECOMMENDATION:
Approve the check register for November 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 November.
FISCAL IMPACT:
The check register summary for November, 2022 totals $1,649,135.82.
PRIOR CITY COUNCIL ACTION:
Council ratified the October 2022 check register its December 6, 2022 regular meeting.
ATTACHMENTS:
Attachment 1) November Check Register Summary
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
50156 Division of the State Architect Remittance DSA 786 Jul-Sep 2022 11/01/2022 652.40 50244 Dept of Health Care Services-Accounting/CaGEMT QAF Q4 2021 11/22/2022 6,583.74 50269 Visit Carmel CRID Remittance Jul-Sep 2022 11/22/2022 74,559.37 Total for Department: 000 ___ 81,795.51
Department: 110 City Council
50201 PadreParents-Sober Grad Council Community Promotion Grant FY 22-23 11/16/2022 3,000.00 50202 Peninsula Messenger LLC Mail service sorting and delivery 11/16/2022 4,560.00 50257 Pacific Repertory Theatre Discretionary grant FY 22-23 11/22/2022 3,000.00 Total for Department: 110 City Council 10,560.00
Department: 111 City Administration
50150 AT&T Telephone service citywide 11/01/2022 2,926.43 50151 Benefit Coordinators Corporation (BCC) Dental and vision premiums Oct 2022 11/01/2022 1,545.45 50153 Carmel Pine Cone Legal noticing 11/01/2022 660.00 50155 Copies By-The-Sea Agenda printing services 11/01/2022 888.20 50157 Image Sales Employee ID Badges 11/01/2022 35.41
50158 Iron Mountain Records storage service 11/01/2022 378.24 50159 Municipal Resource Group, LLC City manager evaluation services 11/01/2022 3,656.25 50160 Office Depot, Inc. Business office supplies-Admin/Finance 11/01/2022 172.65 50163 Sprint Cell service fees, usage and purchases 11/01/2022 29.99 50164 T-Mobile Monthly cell service, usage and purchases 11/01/2022 1,463.54 50165 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 11/01/2022 2,318.00 50166 Verizon Wireless Cell phone usage and sales 11/01/2022 326.99 50173 Amazon Web Services Inc Data and cloud storage fees 11/16/2022 881.96 50183 Copies By-The-Sea Agenda printing services 11/16/2022 788.13 50187 Digital Deployment Website support agreement:Maint, training, security and updates 11/16/2022 700.00 50193 Image Sales Employee ID Badges 11/16/2022 23.11
50197 Nova Romero Election night refreshments 11/16/2022 291.02 50198 Office Depot, Inc. Business office supplies-Admin/Finance 11/16/2022 604.73 50213 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 11/16/2022 2,318.00 50227 Alhambra Water service City Hall 11/22/2022 126.04 50234 Carmel Pine Cone Legal noticing 11/22/2022 810.00 50237 Comcast City Hall business cable service 11/22/2022 161.22 50238 Comcast Business NonNGEN internet and recurring charges 11/22/2022 644.82 50254 Municipal Resource Group, LLC Consulting services: Consolidation / Parking 11/22/2022 11,720.00 50255 Office Depot, Inc. Business office supplies-Admin/Finance -return 11/22/2022 181.81 50259 Robert Half Temporary payroll assistance services 11/22/2022 18,669.69 50264 Toshiba Financial Service Copier use Business office 11/22/2022 373.06 50267 US Bank Librarian II recruitment ad 11/22/2022 199.00 50267 US Bank Grasings: Chip Rerig & Police Chief Bus. Meeting 11/22/2022 81.14 50267 US Bank FAS Training: The Public Employment Relations Board (PERB) Academy 11/22/2022 475.00 50267 US Bank FAS Training: Calcities Registration 2022 City Clerks New Law and Elections Seminar 11/22/2022 500.00 50267 US Bank FAS Election expenses: Election day celebration supplies 11/22/2022 97.61 50267 US Bank IT Training: Grasings & Bruno Market 11/22/2022 650.30 50267 US Bank IT Telephone Expense: Junction Networks, Inc. 11/22/2022 1,594.74 50267 US Bank IT Subscriptions: Freshworks, Inc., Zoom, Microsoft, Google, Adobe, Backblaze 11/22/2022 1,461.51 50267 US Bank HR Subscriptions : Metro Fax 11/22/2022 11.95 50267 US Bank IT Equipment purchases: Amazon & Potter Electronics 11/22/2022 301.72 50267 US Bank IT Telephone Expense: Junction Networks, Inc. 11/22/2022 1,963.97 50267 US Bank HR Subscriptions: Metro Fax 11/22/2022 11.95 50267 US Bank IT Training: ICMA Online 11/22/2022 200.00 50267 US Bank IT Subscriptions: MISAC, Freshworks, Inc., Zoom, Microsoft, Google, Adobe 11/22/2022 1,347.53 50267 US Bank IT Subscriptions 11/22/2022 11.95
50273 Zoom Imaging Solutions, Imc. Business office copier usage fees 11/22/2022 483.40 Total for Department: 111 City Administration 62,086.51 Department: 112 City Attorney
50261 Sloan Sakai Yeong & Wong Legal services: Personnel Classification studies 11/22/2022 1,759.13 Total for Department: 112 City Attorney 1,759.13
Department: 115 Community Planning & Building
50175 Aron Campbell Reimburse for boots 11/16/2022 176.98 50235 Carmel Towing & Garage FY 22-23: Code Compliance Dept. - Gas & Oil 11/22/2022 95.00 50240 CSG Consultants, Inc. FY 22-23: Building Dept. - Plan Review Svcs. 11/22/2022 502.50 50242 De Lage Landen Financial FY 22-23: Planning Dept. - Financial Svcs. 11/22/2022 202.11 50245 Engineered Fire Systems FY 22-23: Fire Inspection Plan Reviews 11/22/2022 812.50 November 2022 Check Register
Attachment 1
50246 FedEx FY 22-23: Planning Dept. - Shipping Fees, Volume Studies 11/22/2022 12.84 50267 US Bank CIP Project: Scanning & digitizing 11/22/2022 373.44 50267 US Bank Building Code Books 11/22/2022 1,924.91
50271 Winter and Company Design Traditions 1.5 Project 11/22/2022 17,620.00 Total for Department: 115 Community Planning & Bu 21,720.28 Department: 116 Police
50151 Benefit Coordinators Corporation (BCC) Dental and vision premiums Oct 2022 11/01/2022 241.90 50152 Caltronics/J.J.R Enterprises. Inc Police Dept copier usage fees 11/01/2022 103.35 50167 When to Work Online Scheduling services 3 mo beginning 11/3/22 11/01/2022 88.00 50185 De Lage Landen Financial Police Dept copier lease 11/16/2022 161.70 50195 Mission Linen Service Fire Dept laundry service 11/16/2022 151.72 50207 Same Day Shred PD-Document shredding services 11/16/2022 45.00 50210 Silke Communications PD Radio repairs and maintenance 11/16/2022 488.20 50212 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support and d 11/16/2022 49.83 50227 Alhambra Water service-PD 11/22/2022 221.74
50228 AT&T/FirstNet PD Wireless services 11/22/2022 89.40 50229 Axon Enterprise, Inc PD: Bundled services Tech Assurance-Body Cameras 11/22/2022 15,752.68 50231 Business Radio Licensing FCC License renewal 11/22/2022 50.00 50235 Carmel Towing & Garage Police Dept-Fuel expense 11/22/2022 4,772.84 50239 Community Hospital of the Monterey PeninsTesting services for Police Dept 11/22/2022 27.00 50243 Department of Justice/Accounting Office PD:Fingerprinting services 11/22/2022 81.00 50250 Lemos Service Inc Police Dept auto repairs 11/22/2022 86.54 50253 Monterey Tire Service Inc PD-New tire purchase and installation 11/22/2022 1,367.93 50258 PCS Mobile Route 1- PD managed subscription 11/22/2022 10,019.31 50263 Summit Uniforms PD Uniform purchases 11/22/2022 141.09 50265 Transunion Risk & Alterna PD: Monthly fee for information services 11/22/2022 75.00 50266 Uretsky Security Professional services: Background investigations for PD 11/22/2022 2,630.63 50268 Veritas CVSA Truth Verification Services PD: Professional services 11/22/2022 700.00 Total for Department: 116 Police 37,344.86
Department: 117 Fire
50149 Alhambra Water service Fire Dept 11/01/2022 174.57 50154 City Of Monterey FY 2022-23 Monthly fee:Interim Fire Admin/Emerg Incident Mgmt 11/01/2022 236,620.21 50174 American Supply Company Housekeeping supplies-Fire Dept 11/16/2022 612.89 50181 City Of Monterey Fire services FY 2022 actual services-Tru-up 11/16/2022 162,284.60 50195 Mission Linen Service Fire Dept laundry service 11/16/2022 121.09 50233 Caltronics/J.J.R Enterprises. Inc Fire Dept copier usage fees 11/22/2022 13.18 50235 Carmel Towing & Garage Fire Dept gas expense (E15) 11/22/2022 808.59 50236 City Of Monterey FY 22-23 Fire Dept vehicle repairs 11/22/2022 821.79 50252 Mission Linen Service Fire Dept laundry service 11/22/2022 270.94 Total for Department: 117 Fire 401,727.86
Department: 118 Ambulance
50154 City Of Monterey FY 2022-23 Ambulance Administration fee 11/01/2022 1,996.96 50162 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 11/01/2022 34.81 50184 Cypress Coast Ford/Lincoln Ambulance vehicel repairs 11/16/2022 532.20 50196 Myles Routh Refund Paramedic License fee 11/16/2022 250.00 50203 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 11/16/2022 90.30 50230 Bound Tree Medical LLC Medical supplies 11/22/2022 3,211.80 50235 Carmel Towing & Garage Amb Dept gas expense (7166) 11/22/2022 1,269.59 50241 David Jedinak Reimburse for Paramedic license renewal 11/22/2022 250.00 50242 De Lage Landen Financial Ambulance Copier lease 11/22/2022 71.01 50272 Wittman Enterprises, LLC Ambulance billing service 11/22/2022 3,723.95 Total for Department: 118 Ambulance 11,430.62
Department: 119 Public Works
50141 Carmel Cares-Dale Byrne, President Fiscal Impact Landscaping -4 months on Scenic PW 11/01/2022 8,000.00 50142 Cintas Corporation PW Uniform Service 21/22 FY 11/01/2022 181.27 50144 Granite Rock Company PW Streets-Supplies 11/01/2022 575.69 50145 Sara Davis Work boots reimbursement per MOU 11/01/2022 189.00 50146 Scarborough Lumber & Building Supplies for Forestry Division 11/01/2022 28.84 50147 Tope's Tree Service Inc. Trees for City locations 10/6/22 #29635 11/01/2022 8,163.68 50148 US Bank Delineators 11/01/2022 467.03
50149 Alhambra Water for PW Department FY 21/22 11/01/2022 123.37 50171 Agnes Martelet Reinbursement for conference travel 11/16/2022 121.77 50172 Airtec Inc HVAC work for City Facilities 11/16/2022 1,782.91 50177 Caltronics/J.J.R Enterprises. Inc Copier Contract PUBLIC WORKS - FY22/23 11/16/2022 258.86 50178 Carmel Area Wastewater District Vactor CDS cleaning FY 22-23 contract 11/16/2022 5,495.36 50180 Cintas Corporation PW Uniform Service 21/22 FY 11/16/2022 154.98 50182 Coastal Fabrication Company Inc Replace expanded metal BBQ grates- 10/25/22 #22398 11/16/2022 240.14 50185 De Lage Landen Financial PW Copier monthly lease- 11/16/2022 205.40 50186 Devil Mountain Wholesale Nursery trees and supplies for various City locations. 11/16/2022 9,011.48 Attachment 1
50188 Ennis-Flint Inc 3 thermoplastic Motorcycle legends 11/16/2022 600.80 50189 Ferguson Enterprises, Inc. Plumbing supplies for city facilities 11/16/2022 203.20 50192 Granite Construction Company PW Streets - Asphalt 11/16/2022 493.90 50194 John Ley's Tree Service Tree work as directed by City Forester 11/16/2022 2,040.00 50205 Pureserve Building Service Janitorial services 11/16/2022 21,141.35 50208 Scarborough Lumber & Building FACILITIY MAINT DIVISION - Hardware supplies 11/16/2022 39.42 50209 Sentry Alarm Systems Alarm monitoring for City buildings 11/16/2022 231.00 50214 US Bank 10/6/22-CW Facilities Supplies 11/16/2022 1,148.44 50214 US Bank 10/6/22-Travel, registration, hotel for environmental conferences 11/16/2022 2,079.35 Total for Department: 119 Public Works 62,977.24
Department: 120 Library
50151 Benefit Coordinators Corporation (BCC) Dental and vision premiums Oct 2022 11/01/2022 -319.20 50200 Pacific Grove Self Storage Storage Unit - Document storage 11/16/2022 307.00 Total for Department: 120 Library -12.20
Department: 121 Community Activities
50179 Carmel Pine Cone Pumpkin roll & parade ad 10.28.22 11/16/2022 425.00 50190 Glastonbury Inc Sound for Veterans' Day Ceremony 11.11.22 11/16/2022 1,075.00 50206 Russell Croft Pumpkin carver during pumpkin roll 10.29.22 11/16/2022 500.00 50211 Triple F Farms, Inc. pumpkins for pumpkin roll 11/16/2022 2,400.00 50234 Carmel Pine Cone Homecrafters' Marketplace 2nd ad 11.18.22 11/22/2022 850.00 50248 Glastonbury Inc Sound system for Holiday Celebration 12.2.22 11/22/2022 1,355.00 50260 Signworks Inc Requested quote for new Ocean Ave. medians, art set up cost, ban 11/22/2022 100.00 50267 US Bank Holiday lights, Halloween decorations, lunch for Pumpkin Roll st 11/22/2022 2,874.63 Total for Department: 121 Community Activities 9,579.63 Department: 130 Non-Departmental
50161 Pacific Gas & Electric Citywide gas & electric services 11/01/2022 150.34 50199 Pacific Gas & Electric Citywide gas & electric services 11/16/2022 9,757.33 50204 Prism Public Risk Innovation Consultant services-Org chart and positions 11/16/2022 1,125.00 50232 Cal-Am Water Company Water service citywide 11/22/2022 11,346.18 50256 Pacific Gas & Electric Citywide gas & electric services 11/22/2022 2,322.85 Total for Department: 130 Non-Departmental 24,701.70
Department: 311 Capital Projects
50143 Dudek MTNP Improvements 11/01/2022 4,852.50
50170 4Leaf, Inc 11/4/22 J4042-03B 11/16/2022 8,557.50
50176 California Dept of Fish & Wildlife MTNP Drainage improvements project 11/16/2022 4,826.50 50214 US Bank ADA Upgrade: Drinking Fountain 11/16/2022 1,473.19 50216 Wallace Group Project management CIP Drainage System Repairs 11/16/2022 7,513.00 Total for Department: 311 Capital Projects 27,222.69
Department: 411 Debt Service
50215 US BANK St. Paul Carmel 2012 Taxable Pension-Debt servce interest payment 11/16/2022 10,540.00 Total for Department: 411 Debt Service 10,540.00
Department: 513 Veh & Equip Replacement
50191 Golden State Fire Apparatus, Inc 1 New Pierce Manufacturing Inc Enforcer 1500 GPM Pumper 11/16/2022 885,701.99 Total for Department: 513 Veh & Equip Replacement 885,701.99 Grand Total 1,649,135.82
Schedule of Contract Payments - November
Vendor Contract Amt Paid thru Nov Contract Balance
Pen Messenger 122,000.00 $ 79,510.00 $ 42,490.00 $
City of Monterey * 2,839,443.00 $ 880,726.76 $ 1,958,716.24 $ 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 $ 55,677.67 $ 14,322.33 $ J4 Systems 38,840.70 $ 28,459.00 $ 10,381.70 $
Pureserve * 250,000.00 $ 105,706.75 $ 144,293.25 $
Rincon 50,500.00 $ 45,167.75 $ 5,332.25 $
Dudek 75,000.00 $ 70,990.67 $ 4,009.33 $
4Leaf Inc. 179,800.00 $ 12,813.75 $ 166,986.25 $
* FY2022-2023 Budget
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: November 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 5) Public Works Department Reports
Attachment 4) Public Records Act Requests
City Administrator Contract Log
FY 2022-23
November, 2022
Date entered Into Contractor Contract Amount Purpose
11/2/2022 SHARMA & ASSOC $24,999.00 FINANCE/AUDIT CONSULTING Attachment 1
CITY OF CARMEL-BY-THE-SEA
Monthly Report
Community Planning and Building Department
NOVEMBER 2022 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:
In November 2022, 35 planning permit applications were received.
II. BUILDING PERMIT APPLICATIONS:
In November 2022, 33 building permit applications were received.
III. CODE COMPLIANCE CASES:
In November 2022, 10 new code compliance cases were created.
IV. TRANSIENT RENTAL COMPLIANCE CASES:
In November 2022, 3 new transient rental compliance cases were created.
V. ENCROACHMENT PERMIT APPLICATIONS:
In November 2022, 21 encroachment permit applications were received.
VI. YEAR-TO-DATE TRENDS
Table 1 includes the following November 2022 totals: planning and building permit applications, code compliance and transient rental compliance cases, and encroachments. November 2022 totals are provided alongside November 2021 totals for comparison.
TO: Honorable Mayor, Council Members, and City Administrator Chip Rerig
SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: January 10, 2023
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 3.66%
• Building Permit Applications – decrease of 2.55%
• Code Compliance Cases – increase of 143.75%
• Transient Rental Compliance Cases – increase of 1400.00% • Encroachment Permit Applications – decrease of 7.91%
Table 1. Permit Application Totals PLANNING BUILDING CODE
COMPLIANCE
TRANSIENT
RENTAL
COMPLIANCE
ENCROACHMENTS
2021 YTD Totals 328 470 96 3 278
2022 YTD Totals 340 458 234 45 256
YTD % Difference +3.66% -2.55% +143.75% +1400.00% -7.91% Attachment 2
Page: 1 of 5
Planning Permit Report
11/01/2022 - 11/30/2022
Permit # Permit Type Project Description Address/Location Date Received Date Approved Status 22380 Historic Evaluation Historic evaluation of (e) SFR to evaluate if new metal roof is appropriate.
Forest 2 SE of 8th 11/30/2022 Pending
Assignment
22379 Design Study Minor addition to and remodel of existing single family residence. New front door,
french doors, and deck over existing
garage
Lincoln 3 NE of
10th
11/30/2022 Pending
Assignment
22378 Certificate of
Compliance
verify lot of record for lot 11 Santa Fe 2 SW of
Mt. View - Lot 11
11/23/2022 In Review
22377 Certificate of
Compliance
verify lot of record - lot 9 Santa Fe 2 SW of
Mt. View Lot 9
11/23/2022 In Review
22376 Certificate of
Compliance
verify lot of record for lot 7 Santa Fe 2 SW of
Mt. View Lot 7
11/23/2022 In Review
22375 Preliminary Site
Assessment
Preliminary site assessment for the
removal of (e) sheds (175sf). Demolish (e)
attached garage (274sf) and build a new
attached garage (270sf). Extend (e) house
by 402sf. New upper level addition (624sf)
with observation deck (438sf). New
attached storage shed with ceiling height
not to exceed 4'11" (60sf). New trash can
enclosure, new outdoor built-in bbq, fire
pit, and recirculating fountain. Replace
deteriorated grape stake fence along
private road with new to match existing
height (77lf).
SW Corner of
Guadalupe & 4th
11/18/2022 In Review
Page: 2 of 5
22374 Temporary Use
Permit
Request for the the Barmel Supper Club
space (approved use permit is a
restaurant) to stay open until 1:00am on
November
23rd instead of the approved use permit
time of 11pm. Four (4) additional
employees working and
one (1) additional security person
stationed at the entrance to the supper
club for the duration of these extended
hours.
Supper Club to be fully closed and empty
no later than 1:15 am. No live music.
Maximum occupancy of 48 individuals.
San Carlos 2 NE
of 7th
11/18/2022 11/21/2022 Approved
22373 Design Review TOP PATIO COVER ON A EXISTING TRELLIS San Carlos 2 SW of Ocean
11/18/2022 In Review
22372 Preliminary Site
Assessment
Preliminary Site Assessment Carmelo 2 NE of
8th
11/15/2022 In Review
22371 Design Study Retroactive review and authorization of a new fence replacement in front setback
and side setback of a corner lot.
SW Corner of
Alta & Junipero
11/15/2022 In Review
22370 Planner Research Zoning Verification Letter Camino Real at 8th Avenue
11/14/2022 In Review
22369 Historic Evaluation Historic Evaluation of SFR Casanova 2 NW of 9th
11/14/2022 In Review
22368 Historic Evaluation Historic evaluation of (e) SFR Carpenter 2 SE of 4th
11/14/2022 Open
22366 Historic Evaluation Removal of existing garage & storage building, construction of new garage and
ADU
SW Corner of
Casanova & 11th
11/10/2022 In Review
Page: 3 of 5
22365 Landscape Plan
Check/Inspection
Remove plant material that requires
irrigation and replace with native
succulents to help with erosion. Remove
irrigation drop system lines.
Guadalupe 4 NE
of 3rd
11/8/2022 In Review
22364 Appeal Appeal of DR 22-280 Balcony A. NE Corner of San Antonio & 13th
11/7/2022 In Review
22363 Sign Installation of a 21.75"x19/5"x2" black &
white wood sign.
San Carlos 2 NE
of 7th
11/7/2022 In Review
22362 Historic Evaluation Historic determination of (e) SFR. Carmelo 5 NE of Ocean
11/7/2022 In Review
22361 Design Study Landscape renovation of (e) entry uneven walk & stairs. Rebuild (e) curb garden walls
and north fence line from the east
boundary to the west property line.
Introduce a natural gas fire pit which does
not burn wood, and install low level safety
lighting.
Carmelo 2 SW of
8th
11/7/2022 In Review
22360 Sign Installation of new signage Dolores 2 SW of
7th
11/7/2022 In Review
22359 Sign Sign Installation Dolores 3 SW of
7th
11/7/2022 In Review
Page: 4 of 5
22358 Design Study This approval of Design Study application DS 22-358 (Reid) authorizes the following:
installation of a 4-foot high wood fence
between the driveway and the west side
lot line, replacement of the existing 4-foot
high wood fence on the west side lot line
with a new 4-foot high wood fence for 10
linear feet, replacement of the existing 6-
foot high wood fence on the west side lot
line with a new fence for 70 linear feet,
replacement of the existing 35 square foot
flagstone walkway on the west side of the
driveway with pavers to match the
driveway, and repair portions of the paver
driveway disturbed by tree roots located
at 2nd Avenue 2 northwest of Lobos Street
in the Single-Family Residential (R-1)
District as depicted in the plans prepared
by Carol C. Reid, Trustee and stamped
approved and on file in the Community
Planning & Building Department unless
modified by the conditions of approval.
2nd 2 NW of
Lobos
11/3/2022 11/3/2022 Approved
22357 Use Permit Use permit amendment for live music
permit application for Thursdays and
Sundays from 5:00 pm to 10:00 pm and
Fridays and Saturdays from 12:00 pm to
10:00 pm.
Mission 3 SW of
5th
11/3/2022 In Review
22356 Temporary Use
Permit
Temporary use permit to expand business
hours for Promesa on December 31st,
2022 from 10PM to 12AM. Intent is to
have a new year's eve event in the
restaurant that celebrates the ball drop at
midnight. In addition to regular service,
requesting for a 3-piece string music group
to play inside of the restaurant.
Mission 3 SW of
5th
11/3/2022 11/22/2022 In Review
Page: 5 of 5
22355 Design Study Amending existing exempt permit to
substitute permeable turf as material to be
used to interlace stone pavers. Turf to be
in 5" strips interlacing pavers and not be
seen from the street.
NE Corner of
Lincoln & 10th
11/3/2022 In Review
22354 Historic Evaluation Historic evaluation Lincoln 3 SW of 12th
11/2/2022 In Review
22353 Reasonable
Accommodation
Replace gravel paths with hard surface
(flagstones set in sand) to allow assisted
mobility access (i.e., walkers).
Torres 4 NE of
6th
10/26/2022 In Review
22352 Landscape Plan
Check/Inspection
Retroactive review of landscaping in the
ROW.
Scenic 5 NW of
8th
11/1/2022 In Review
22351 Design Study This approval of DS 22-351 (Ayres)
authorizes an after-the-fact approval and
amendment to DS 20-398 (Ayres), and
Determination of Consistency to allow a
color change to a historic hotel,
“Edgemere Cottages”, to a “Custom Rose”
color (light pink) located on San Antonio 4
SE 13th in the Single Family (R-1)
Residential Zoning District unless modified
by the conditions of approval contained
herein.
San Antonio 2 NE
Santa Lucia
11/1/2022 11/22/2022 Approved
22350 Design Review Overlay 485sf of capsheet with new singleply PVC Versico membrane in the color gray. Install 275lf of 6" OGEE stainless steel
gutters to match existing color.
SW Corner of
Ocean & Junipero
11/1/2022 Closed
Total Records: 30 12/5/2022
Page: 1 of 4
Building Permit Report
11/01/2022 - 11/30/2022
Permit # Date
Submitted
Date Approved Project Description Valuation Permit Type Property Location 220458 11/30/2022 12/5/2022 Anchor bolt retrofit. Contact: Jolley Builders (831) 238-6044
20,000 Building Lincoln 4 NW of
Santa Lucia
220457 11/30/2022 Fixture and lamp retrofit. Contact: Collins Electrical Company (831) 384-0114
84,624 Electrical NE Corner of San
Carlos & 9th
220456 11/30/2022 Install new solar system on roof 0 Electrical Mission 2 NE of 10th
220455 11/30/2022 12/1/2022 Exterior repaint of (e) SFR. Paint SFR same colors as existing.
0 Exempt Work Mission 2 NE of
10th
220454 11/30/2022 12/5/2022 New Roof Mount PV 14 Mods 5.04 kW. Contact:
Scudder Solar (831) 625-0546
48,857 Electrical San Antonio 5 SW
of 8th
220453 11/28/2022 Remove tenant build outs including partition walls, flooring and wall coverings.
1,000 Demolition NE Corner of Ocean
& Dolores
220452 0
220451 11/23/2022 11/23/2022 Repair roof leak. Remove wood shake and install new underlayment. Reuse (e) wood shakes.
Contact: Masterwork Builders (831) 229-8628
2,500 Roofing Santa Rita 9 SE of
Ocean
220450 11/22/2022 Remove & replace 60k BTU 86% furnace with new 60k BTU 96% furnace. Contact: Chris Wilson
Plumbing & Heating (831) 393-9321
10,199 Plumbing 1st 2 NE of
Carpenter
220449 11/22/2022 11/22/2022 Replace interior doors and drawers in kitchen and repaint kitchen walls. Contact: Gary Kimes (831)
524-1043
0 Exempt Work Torres 3 SW of 1st
220448 9/26/2022 Construction of new detached garage 0 Building Escolle 2 SE of Perry Newberry
Page: 2 of 4
220447 11/22/2022 Reroof south roof portion using Presidential Shingles in color Country Grey.
8,500 Roofing Dolores 5 NE of 6th
220446 11/22/2022 11/22/2022 Tankless water heater installation in new location.
Contact: George Wilson's Plumbing Inc (831) 383-
8561
11,000 Plumbing Lobos 5 SE of 2nd
220445 11/21/2022 INTERIOR REMODEL (714 SF) INCLUDING NEW
MASTER BATH, CONVERT ONE FULL BATH INTO
POWDER ROOM, RELOCATE LAUNDRY, RELOCATE
ENTRY DOOR, REMOVE AND REPLACE EXTERIOR
DOORS AND WINDOWS, REPLACE EXTERIOR
SIDING ON SEVERAL SIDES- SEE ELEVATIONS,
REPLACE EXISTING ROOFING MATERIALS WITH
SAME MATERIALS. NO SITE COVERAGE OR
LANDSCAPE CHANGES
215,000 Building SW Corner of
Camino Real &
Ocean
220444 11/21/2022 11/21/2022 Remove (e) failed roof to be replaced with new 50 year class A roof. Install new comp roof in color
"Weathered Wood" and new torch down roofing
in color "Weathered Wood". Contact: Lord Roofing
(831) 917-7289
14,000 Roofing Lobos 5 SE of 2nd
220443 10/13/2022 Construction new detached one car garage. 0 Building Scenic 3 SW of Ocean
220442 11/16/2022 11/17/2022 At two flat roof sections, tear off (e) built up roof down to original roof sheathing. Supply & install
new built up roofing system to match existing.
Remove 275 lf of gutters and install 275 lf of 6"
OGEE stainless steel gutters to match the existing
color. Contact: Scudder Roofing (831) 384-1500
70,786 Roofing Carmel Plaza
220441 11/15/2022 11/15/2022 Surface remodel of three bathrooms. Replace vanities, countertops, tile, and shower doors.
Replace countertops in the kitchen and install new
faucent in (e) location and refrigerator. Contact:
Emerson Development (831) 915-3912
0 Exempt Work Scenic 6 SE of 8th
220440 11/16/2022 Repair and replace existing deck. 55,000 Building Santa Fe 8 SE of 8th Page: 3 of 4
220439 11/15/2022 11/15/2022 Emergency leak repair, removal of approx 20sf of sheetrock, plumbing repair, and sheetrock
patching. Contact: Builders by the Sea, LLC (831)
905-5825
2,900 Plumbing San Carlos 2 SW of
5th
220438 11/14/2022 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.
63,200 Building Santa Fe 3 NE of
2nd
220437 11/14/2022 11/28/2022 Installation of 2 240V outlets in garage area. One 50A, one 30A
1,500 Electrical SW Corner of San
Carlos & 12th
220436 11/10/2022 11/22/2022 2 New Tesla Powerwalls 10 kW. Contact: Scudder Solar (916) 765-2113
31,395 Electrical 2996 Franciscan
Way
220435 11/10/2022 11/14/2022 Remove tub tile surround and flooring, repair any rotten subfloor, new lathe around tub, new tile
surround and floors, re-use existing tub, toilet, and
vanity. Contact: Lewis Builders (831) 601-9256
5,500 Building NE Corner of Santa
Fe & 4th
220434 11/9/2022 The interior alteration of hotel lobby and restaurant spaces. New finishes and fixtures in the
guest rooms. Contact: Ausonio Construction (831)
633-3371
350,000 Building NE Corner of Monte
Verde & 7th
Page: 4 of 4
220433 11/8/2022 11/16/2022 Run 3/4" dedicated gas line for new tankless water heater. Cap water and waste lines to mop sink
located below the electrical panel. Revamp piping
below the sink to the back room by adding a
branch wye tail piece to tie ice maker drain line.
Remove funnel drain. Re-route discharge line from
grease trap below three compartment sink to floor
sink. Contact: A & R Plumbing (831) 394-7221
11,500 Plumbing Mission 2 NE of 5th
220432 11/7/2022 Installation of new EV charger. 400 Electrical SE Corner of Santa Rita & 6th
220431 11/3/2022 11/3/2022 Installation of a weather vane on the single story garage that sits adjacent to the house. The top of
the weather vane will not exceed the high point of
the house. Contact: Tim Mallery (831) 594-1969
0 Exempt Work San Antonio 2 SE of
9th
220430 11/2/2022 Remove (e) 2nd story balcony railing. Frame and enclose roof deck for room addition and roof.
Contact: Trent Shearn (831) 809-0060
45,000 Building Guadalupe 5 NE of
Mountain View
220429 11/2/2022 Install new Bryant heat pumps in place of wall heater and furnace. Main level - heat pump model
#38MBRBQ36, 36000BTU, 3 ton; primary mini split
(ductless) model #38MARBA12AA3. 1 ton. Contact:
David Brown (831) 238-2465
16,400 Mechanical Carpenter 2 SE of
5th
220428 11/1/2022 Painting the garage door and trim blue similar to the library color as shown in the attached picture.
0 Exempt Work NW Corner of Santa
Fe & 4th
220427 11/2/2022 11/15/2022 New roof mount PV 31 mods 11.16 kW, New 125 A subpanel.
48,715 Electrical SW Corner of
Camino Real & 2nd
220426 11/1/2022 11/15/2022 Installation of a roof mounted 2.695 kw solar PV system, 7 panels, no main service panel upgrades.
Contact: SolarTecture (831) 233-3004
11,961 Electrical Casanova 4 NE of
13th
Total Records: 33 12/5/2022
Page: 1 of 1
Code Compliance Report
11/01/2022 - 11/30/2022
Case # Case Type Status Location Problem Description Date Received Date Closed 22234 Short-term
Rental
1st NOV sent Mountain View 2 NW of 8th Transient Rental 11/23/2022 22233 Health and Safety
Code Violation
Open NE Corner San Carlos Camino Del
Monte
Sewage in front yard at
lateral clean-out
11/29/2022
22232 Planning
Violation
Open NW Corner Santa Fe & 3 Hardscaping w/o design
review
11/28/2022
22231 Public Nuisance Closed SW Corner Carpenter & 6th Construction Generator noise
11/14/2022 11/22/2022
22230 Short-term
Rental
1st NOV sent NEC Carmelo and 9th Transient Rental 11/14/2022 22229 Right of way
Violation
1st NOV sent Guadalupe 4 NE of 3rd Encroachment and
Landscaping ROW
11/6/2022
22228 Public Nuisance Closed SWC Carpenter & 6th Construction on Sunday 11/6/2022 11/6/2022 22227 Right of way
Violation
Open Dolores 4 NE 11th Porta John in ROW -
Permits?
11/6/2022
22226 Building Violation Open Lincoln 3 NE 3rd Unscreened Porta-John 11/5/2022 22224 Property
Maintenance
Open 6th b/w Dolores and Lincoln Exterior Ceiling Damage 11/3/2022 Total Records: 10 12/5/2022
Page: 1 of 2
Transient Rental Report
01/01/2022 - 11/30/2022
Case # Street Status Date Received Last Status Date Date Closed 22234 Mountain View 1st NOV sent 11/23/2022 11/23/2022
22230 Carmelo 1st NOV sent 11/14/2022 11/14/2022
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 Closed 10/14/2022 10/14/2022 12/2/2022
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 Closed 9/10/2022 9/10/2022 11/22/2022
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
Page: 2 of 2
22146 Carmelo Closed 7/20/2022 9/14/2022 9/14/2022
22138 Casanova Closed 7/5/2022 7/5/2022 9/2/2022
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: 45 12/5/2022
Page: 1 of 3
Encroachment Permit Report
11/01/2022 - 11/30/2022
Permit # Permit Type Date Submitted Project Description Property Location Date Issued Status 220258 Temp Ench 11/30/2022 7'x18' asphalt patch for CalAm job #1267.
Contact: Coastal Paving & Excavating (831)
262-1425
Perry Newberry 2
NW of 5th
12/1/2022 Issued
220257 Temp Ench 11/30/2022 Excavate a 17'x3' put in the road and a 4'x4' put in the sidewalk to repair damages for
water leak repair. Contact: West Valley
Construction (408) 640-8913
NW Corner of San
Carlos & 6th
In Review
220256 Temp Ench 11/30/2022 6" valve replacement with asphalt restoration.
Contact: Coastal Paving & Excavating (831)
262-1425
NE Corner of
Carmelo & 4th
11/30/2022 Issued
220255 Temp Ench 11/28/2022 6'x6' asphalt patch for CalAm # 1195. Contact:
Coastal Paving & Excavating (831) 262-1425
San Antonio 3 NE of
13th
11/30/2022 Approved
220254 Temp Ench 11/23/2022 PG&E to install new pole, replace riser, install new #2 box, reroute existing service and run
new service to meter pedestal. Applicant to
trench backfill & install electric substructures.
Contact: PG&E (408) 478-1894
Carmelo 3 SE of 8th In Review
220253 Temp Ench 11/22/2022 Sewer lateral replacement, install SRV & BWV.
Contact: Easy Drains Plumbing (831) 521-6882
Camino Real 4 SW of
13th
11/22/2022 Issued
220252 Temp Ench 11/21/2022 Two 6" valve replacements and asphalt restoration. Contact: Coastal Paving &
Excavating (831) 262-1425
SE Corner of Monte
Verde & Santa Lucia
11/21/2022 Issued
220251 Temp Ench 11/17/2022 Accessibility improvements at front entry, installation of new condensers at Carmelo &
8th and addition of temporary loading zone
for guests while work is underway at the front
entrance. Contact: Ausonio, Inc (831) 633-
3371
SW Corner of 8th &
Camino Real
11/18/2022 Issued
Page: 2 of 3
220250 Temp Ench 11/16/2022 PG&E to trench and backfill a 5'x5' bellhole for abandoning gas service. PM 35396063.
Contact: PG&E (408) 478-1894
SW Corner of San
Carlos & 8th
11/16/2022 Issued
220249 Driveway 11/9/2022 New 3' asphalt apron at driveway, extend (e) brick driveway to apron. Reduce width of (e)
apron from 12'3" to 19'4". Increase driveway
width from 10'4" to 14'.
Torres 3 SE of 1st In Review
220248 Perm Ench 11/9/2022 New 3' asphalt apron at driveway, extend (e) brick driveway to apron. New 3' wide DG
walkway between street and front property
line. Replace (e) PT wood retaining wall along
culvert with new brick clad retaining wall.
Contact: Samuel Pitnick Architects (831) 241-
1895
Torres 3 SE of 1st In Review
220247 Driveway 11/9/2022 Install a permeable sandset pavered driveway with a center section that's a mix of pavers
and synthetic grass. Addition of a landing with
carmel stone to connect to the front gate.
NW Corner of
Dolores & 10th
In Review
220246 Perm Ench 11/9/2022 Permit for 2 existing site water drain pipe outlets
Guadalupe 2 NE of
3rd
In Review
220245 Temp Ench 11/8/2022 Extensive landscaping, consisting of over 700 plants in four planting zones and installation of
new irrigation. Contact: Tom Ford (831) 427-
7673
NE Corner of Santa
Rita & Mountain
View
11/8/2022 Issued
220244 Temp Ench 11/8/2022 Replace sewer lateral using pipe bursting.
Contact: Rooter King (831) 394-5315
Santa Rita 3 NE of
2nd
11/15/2022 Issued
220243 Temp Ench 11/7/2022 Pole replacement. PM# 35385155. Contact:
PG&E (831) 713-6019
2nd 2 NW of Dolores 11/7/2022 Issued
220242 Temp Ench 11/7/2022 Replace sewer lateral using pipe bursting.
Contact: Rooter King (831) 394-5315
Guadalupe 4 NE of
4th
11/7/2022 Approved
220241 Temp Ench 11/1/2022 Traffic control for tree removal along Carpenter. Contact: Sweety Mistry (510) 920-
6875
Carpenter Between
1st & 2nd
11/16/2022 Issued
Page: 3 of 3
220240 POD 11/1/2022 Parking a moving truck northbound on Casanova, valid for 11/29/2022. Contact: Jerry
Stepanek (831) 915-2730
Casanova 11 NE of
5th
11/2/2022 Approved
220239 POD VOID DUE TO LOCATION OUTSIDE CITY
JURISDICTION.
24565 S San Luis
Ave, Carmel, CA
93923 (Driveway on
property)
Closed
220238 Temp Ench 11/1/2022 PG&E to access vault for maintenance, one day lane closure. PM# 31618412. Contact:
PG&E (408) 510-1660
NW Corner of 5th &
Junipero
11/1/2022 Issued
Total Records: 21 12/5/2022
CITY OF CARMEL-BY-THE-SEA
Monthly Report
November 2022
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Alan Ward, Public Safety Director
SUBMITTED DATE: December 19, 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 November 2022 the ambulance met the performance measure. The response time was 100% with (0) code-3 calls over 5 minutes.
22 Calls for service in CBTS Average response time: 2:51 min. 21 Code 3 calls for service –With no calls over 5:00 min. 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 November 2022 the fire department met the performance measure. The response time was 100% with (0) code-3 calls over 5 minutes.
59 total calls for service in CBTS Average response time: 3:23 min. 44 total Code-3 calls – There were no call responses over 5:00 min.
BEACH FIRES
There were no beach fires recorded during the month of November 2022.
Attachment 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
Fuel burner/boiler malfunction, fire confined 11/24/2022 7:12 AM 221124-MNT08229 0:04:14 ESCOLLE WAY PERRY NEWBERRY WAY 3 1 0:04:14
300-321 Series (EMS)
Medical assist, assist EMS crew 11/24/2022 6:12 PM 221124-MNT08243 0:02:17 OCEAN AVE MONTE VERDE ST 3 Medical assist, assist EMS crew 11/24/2022 5:22 PM 221124-MNT08242 0:02:40 7TH AVE LINCOLN ST 3 Medical assist, assist EMS crew 11/12/2022 1:21 PM 221112-MNT07926 0:02:41 LINCOLN ST 7TH AVE 3 Medical assist, assist EMS crew 11/1/2022 9:26 PM 221101-MNT07617 0:04:37 26210 DOLORES ST 3 EMS call, excluding vehicle accident with injury 11/26/2022 11:58 AM 221126-MNT08297 0:00:04 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 11/4/2022 7:17 PM 221104-MNT07715 0:01:28 6TH AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 11/13/2022 1:57 PM 221113-MNT07951 0:01:36 SAN CARLOS ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 11/15/2022 2:51 PM 221115-MNT08002 0:02:13 MONTE VERDE ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 11/24/2022 12:04 AM 221124-MNT08223 0:02:25 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 11/7/2022 2:08 PM 221107-MNT07785 0:03:00 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 11/28/2022 10:57 PM 221128-MNT08357 0:03:17 SANTA RITA ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 11/3/2022 12:58 PM 221103-MNT07659 0:03:42 11TH AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 11/28/2022 5:25 AM 221128-MNT08339 0:04:50 4TH AVE MONTE VERDE ST 3 13 0:02:41
322-399 Series (Rescues)
Motor vehicle accident with injuries 11/25/2022 3:11 PM 221125-MNT08272 0:03:47 3070 RIO RD 3 Motor vehicle accident with no injuries. 11/16/2022 8:08 PM 221116-MNT08030 0:02:58 OCEAN AVE SCENIC RD 3 2 0:03:23
400 Series (Hazardous Material)
Combustible/flammable gas/liquid condition, other 11/13/2022 2:58 PM 221113-MNT07952 0:04:02 TORRES ST 9TH AVE 3 Gas leak (natural gas or LPG) 11/15/2022 9:24 AM 221115-MNT07994 0:03:27 PERRY NEWBERRY WAY 4TH AVE 3 Overheated motor 11/4/2022 4:57 PM 221104-MNT07706 0:03:28 CARMELO ST 11TH AVE 3 Power line down 11/1/2022 3:40 PM 221101-MNT07607 0:00:16 SANTA FE ST 8TH AVE 3 Biological hazard, confirmed or suspected 11/30/2022 9:41 AM 221130-MNT08400 0:03:10 LINCOLN ST 7TH AVE 3 Accident, potential accident, other 11/10/2022 2:53 PM 221110-MNT07862 0:01:56 SAN CARLOS ST 13TH AVE 2 6 0:02:43
200, 500 & 600 Series (Service Calls)
Excessive heat, scorch burns with no ignition 11/3/2022 6:19 PM 221103-MNT07672 0:04:50 OCEAN AVE GUADALUPE ST 3 Lock-out 11/23/2022 4:02 PM 221123-MNT08208 0:02:49 TORRES ST 5TH AVE 2
RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 11/01/2022 To: 11/30/2022
22 11 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
200, 500 & 600 Series (Service Calls) cont.
Water or steam leak 11/30/2022 10:49 AM 221130-MNT08403 0:00:08 OCEAN AVE CAMINO REAL ST 2 Water or steam leak 11/8/2022 5:00 AM 221108-MNT07793 0:00:18 LINCOLN ST OCEAN AVE 2 Water or steam leak 11/5/2022 2:59 PM 221105-MNT07735 0:01:34 SAN CARLOS ST OCEAN AVE 2 Water or steam leak 11/22/2022 10:46 AM 221122-MNT08178 0:03:42 CASANOVA ST 12TH AVE 2 Water or steam leak 11/22/2022 12:22 PM 221122-MNT08182 0:03:44 CAMINO REAL ST 8TH AVE 3 Smoke or odor removal 11/24/2022 9:24 AM 221124-MNT08233 0:01:57 5TH AVE DOLORES ST 3 Smoke or odor removal 11/13/2022 1:44 PM 221113-MNT07950 0:02:47 DOLORES ST 11TH AVE 3 Smoke or odor removal 11/3/2022 1:50 PM 221103-MNT07661 0:07:46 OCEAN AVE SCENIC RD 2 Public service assistance, other 11/19/2022 4:23 PM 221119-MNT08094 0:04:01 CASANOVA ST 8TH AVE 2 Public service 11/24/2022 9:19 AM 221124-MNT08232 0:00:11 6TH AVE MISSION ST 3 Public service 11/4/2022 1:51 PM 221104-MNT07701 0:02:27 DOLORES ST 2ND AVE 2 Public service 11/15/2022 5:59 PM 221115-MNT08004 0:05:19 1ST AVE CARPENTER ST 2 Public service 11/26/2022 11:08 AM 221126-MNT08294 0:06:24 SANTA LUCIA AVE CAMINO REAL 2 Assist invalid 11/20/2022 1:37 PM 221120-MNT08121 0:03:43 MONTE VERDE ST 8TH AVE 2 Assist invalid 11/27/2022 2:46 PM 221127-MNT08326 0:04:27 1ST AVE MISSION ST 2 Assist invalid 11/3/2022 7:46 PM 221103-MNT07677 0:04:35 SAN CARLOS ST 12TH AVE 2 Good intent call, other 11/7/2022 10:23 AM 221107-MNT07782 0:03:29 JUNIPERO ST 13TH AVE 2 Dispatched & canceled en route 11/11/2022 6:13 PM 221111-MNT07902 0:02:30 7TH AVE DOLORES ST 3 No incident found on arrival at dispatch address 11/11/2022 5:29 PM 221111-MNT07900 0:02:00 JUNIPERO AVE OCEAN AVE 3 No incident found on arrival at dispatch address 11/3/2022 9:45 PM 221103-MNT07681 0:02:39 DOLORES ST 5TH AVE 3 No incident found on arrival at dispatch address 11/26/2022 6:19 PM 221126-MNT08305 0:02:45 OCEAN AVE SANTA RITA ST 3 No incident found on arrival at dispatch address 11/17/2022 9:36 AM 221117-MNT08044 0:03:21 PERRY NEWBERRY WAY 5TH AVE 3 No incident found on arrival at dispatch address 11/30/2022 2:37 AM 221130-MNT08391 0:03:53 CASANOVA ST 7TH AVE 3 EMS call, party transported by non-fire agency 11/25/2022 4:22 PM 221125-MNT08275 0:03:00 MISSION ST 3RD AVE 3 HazMat release investigation w/no HazMat 11/6/2022 5:08 PM 221106-MNT07767 0:02:48 MISSION ST 8TH AVE 3 27 0:03:14
700 Series (False Alarms)
System malfunction, other 11/1/2022 6:24 PM 221101-MNT07610 0:00:29 FOREST RD 7TH AVE 3 Alarm system sounded due to malfunction 11/5/2022 4:15 PM 221105-MNT07742 0:01:28 SAN CARLOS ST 10TH AVE 3 Smoke detector activation, no fire - unintentional 11/24/2022 3:30 PM 221124-MNT08240 0:02:57 LINCOLN ST 7TH AVE 3 Detector activation, no fire - unintentional 11/3/2022 2:08 PM 221103-MNT07662 0:04:29 DOLORES ST SANTA LUCIA AVE 2 Alarm system activation, no fire - unintentional 11/11/2022 4:26 PM 221111-MNT07896 0:02:33 OCEAN AVE MONTE VERDE ST 3 Alarm system activation, no fire - unintentional 11/30/2022 4:07 AM 221130-MNT08392 0:02:52 MONTE VERDE ST 7TH AVE 3 Alarm system activation, no fire - unintentional 11/21/2022 4:44 PM 221121-MNT08158 0:03:44 LINCOLN ST 13TH AVE 3 Alarm system activation, no fire - unintentional 11/22/2022 10:42 AM 221122-MNT08177 0:05:23 2992 FRANCISCAN WAY 2 Alarm system activation, no fire - unintentional 11/3/2022 3:15 PM 221103-MNT07665 0:05:53 DOLORES ST SANTA LUCIA AVE 2 9 0:03:19
900 Series (Special Incident Type)
Citizen complaint 11/17/2022 1:05 PM 221117-MNT08050 0:07:36 PERRY NEWBERRY WAY 5TH AVE 2 1 0:07:36
22 11 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 40
59 100%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
22 11 Carmel Fire Activity Report.xlsx 3
Type of Call Number Average Response Time
Fire 1 4:14
EMS 13 2:41
Rescue 2 3:23
Hazardous Condition 6 2:43
Service Calls 27 3:14
Severe Weather 0 0:00
False Call 9 3:19
Special Incident Type 1 7:36
Total Responses 59 3:23
Total Code 3 Calls: 40
Response Times for Code 3
Calls ≤ 5 minutes: 100%
CARMEL-BY-THE-SEA
NOVEMBER 2022
Response Summary Report by Incident Type
Fire
2%
EMS
22%
Rescue
3%
Hazardous Condition
Service Calls 10%
46%
Severe
Weather
0%
False Call
15%
Special Incident Type
2%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
Special Incident Type
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\22 11 Carmel Fire Response Summary.xlsx 12/6/2022
INCIDENT PRIORITY DATE ALARM ARRIVAL RESPONSE CALL CLEARED 221101-CFA01508 Non-Emerg11/1/2022 9:27:28 PM 9:32:54 PM 0:05:26 10:51:02 PM 26210 DOLORES ST 221103-CFA01518 Emergent 11/3/2022 9:46:35 PM 9:49:08 PM 0:02:33 9:54:07 PM DOLORES ST / 5TH A 221104-CFA01524 Emergent 11/4/2022 7:17:57 PM 7:18:21 PM 0:00:24 8:11:11 PM 6TH AVE / SAN CARLO 221107-CFA01530 Emergent 11/7/2022 2:09:34 PM 2:12:13 PM 0:02:39 3:08:39 PM LINCOLN ST / 8TH AV 221111-CFA01549 Emergent 11/11/2022 6:14:16 PM 6:16:13 PM 0:01:57 6:40:58 PM 7TH AVE / DOLORES 221111-CFA01550 Emergent 11/11/2022 6:54:31 PM 6:55:39 PM 0:01:08 6:58:47 PM OCEAN AVE / DOLOR 221112-CFA01555 Emergent 11/12/2022 1:22:46 PM 1:23:40 PM 0:00:54 2:02:25 PM LINCOLN AND 7TH 221113-CFA01559 Emergent 11/13/2022 1:02:37 AM 1:06:42 AM 0:04:05 1:43:42 AM CARMELO ST / 9TH A 221113-CFA01561 Emergent 11/13/2022 2:01:54 PM 2:05:08 PM 0:03:14 2:12:54 PM SAN CARLOS ST / 4T 221113-CFA01563 Emergent 11/13/2022 7:45:06 PM 7:47:15 PM 0:02:09 8:02:39 PM MISSION ST / 8TH AV 221114-CFA01566 Emergent 11/14/2022 1:44:33 PM 1:47:01 PM 0:02:28 1:50:00 PM OCEAN AVE / LINCOL 221116-CFA01575 Emergent 11/16/2022 8:09:21 PM 8:12:43 PM 0:03:22 8:34:39 PM OCEAN AVE / SCENIC 221117-CFA01577 Emergent 11/17/2022 12:06:43 PM 12:08:02 PM 0:01:19 1:28:08 PM LINCOLN ST / 7TH AV 221119-CFA01582 Emergent 11/19/2022 4:26:19 PM 4:28:24 PM 0:02:05 4:34:15 PM CASANOVA ST / 8TH 221121-CFA01590 Emergent 11/21/2022 4:45:15 PM 4:49:03 PM 0:03:48 5:00:40 PM LINCOLN ST / 13TH A 221124-CFA01604 Emergent 11/24/2022 12:05:59 AM 12:08:23 AM 0:02:24 12:58:54 AM SAN CARLOS ST / OC 221124-CFA01609 Emergent 11/24/2022 5:23:11 PM 5:25:54 PM 0:02:43 6:14:31 PM 7TH AVE / LINCOLN S 221124-CFA01610 Emergent 11/24/2022 6:15:00 PM 6:19:13 PM 0:04:13 6:33:57 PM OCEAN AVE / MONTE 221126-CFA01621 Emergent 11/26/2022 6:20:07 PM 6:23:09 PM 0:03:02 6:26:49 PM OCEAN AVE / SANTA 221128-CFA01625 Emergent 11/28/2022 5:26:15 AM 5:30:50 AM 0:04:35 6:20:00 AM 4TH AVE / MONTE VE 221128-CFA01631 Emergent 11/28/2022 10:58:00 PM 11:01:36 PM 0:03:36 11:55:10 PM SANTA RITA ST / 4TH 221130-CFA01638 Emergent 11/30/2022 2:39:33 AM 2:44:00 AM 0:04:27 2:55:00 AM CASANOVA ST / 7TH NUMBER OF EMS INCIDENT 22 0:02:51
INCIDENT PRIORITY DATE ALARM ARRIVAL RESPONSE CALL CLEARED 221101-CFA01507 Emergent 11/1/2022 6:24:23 PM 6:24:47 PM 0:00:24 6:39:55 PM FOREST RD / 7TH AV 221105-CFA01525 Non-Emerg11/5/2022 3:01:04 PM 3:02:00 PM 0:00:56 3:57:18 PM SAN CARLOS ST / OC 221105-CFA01526 Emergent 11/5/2022 4:17:33 PM 4:20:34 PM 0:03:01 4:24:13 PM SAN CARLOS ST / 10T 221106-CFA01528 Emergent 11/6/2022 5:09:04 PM 5:11:52 PM 0:02:48 5:18:33 PM MISSION ST / 8TH AV 221108-CFA01533 Emergent 11/8/2022 1:03:06 PM 1:04:00 PM 0:00:54 1:05:00 PM HWY 1 / CANYON DEL 221110-CFA01540 Non-Emerg11/10/2022 2:54:06 PM 2:58:32 PM 0:04:26 2:59:31 PM SAN CARLOS ST / 13T 221111-CFA01547 Emergent 11/11/2022 4:27:56 PM 4:30:29 PM 0:02:33 4:43:29 PM OCEAN AVE / MONTE 221111-CFA01548 Non-Emerg11/11/2022 5:30:40 PM 5:33:31 PM 0:02:51 5:33:45 PM JUNIPERO AVE / OCE 221113-CFA01560 Emergent 11/13/2022 1:46:43 PM 1:49:11 PM 0:02:28 2:01:49 PM DOLORES ST / 11TH 221113-CFA01562 Emergent 11/13/2022 2:59:05 PM 3:02:12 PM 0:03:07 3:16:00 PM TORRES ST / 9TH AV 221115-CFA01568 Emergent 11/15/2022 9:25:34 AM 9:29:38 AM 0:04:04 12:24:52 PM PERRY NEWBERRY WA 221116-CFA01575 Emergent 11/16/2022 8:09:21 PM 8:12:43 PM 0:03:22 8:34:39 PM OCEAN AVE / SCENIC 221117-CFA01576 Emergent 11/17/2022 9:37:55 AM 9:41:18 AM 0:03:23 9:42:15 AM PERRY NEWBERRY WA 221122-CFA01593 Emergent 11/22/2022 10:47:53 AM 10:50:15 AM 0:02:22 10:58:26 AM CASANOVA ST / 12TH 221122-CFA01594 Emergent 11/22/2022 12:23:15 PM 12:27:01 PM 0:03:46 12:35:00 PM CAMINO REAL ST / 8T 221124-CFA01605 Emergent 11/24/2022 7:13:23 AM 7:18:01 AM 0:04:38 7:29:57 AM ESCOLLE WAY / PERR 221124-CFA01606 Non-Emerg11/24/2022 9:19:05 AM 9:19:19 AM 0:00:14 9:36:57 AM 6TH AVE / MISSION S 221124-CFA01608 Emergent 11/24/2022 3:30:52 PM 3:33:40 PM 0:02:48 3:50:00 PM LINCOLN ST / 7TH AV 221125-CFA01616 Emergent 11/25/2022 4:22:58 PM 4:25:42 PM 0:02:44 4:29:15 PM MISSION ST / 3RD A 221130-CFA01639 Emergent 11/30/2022 4:08:25 AM 4:12:00 AM 0:03:35 4:18:55 AM MONTE VERDE ST / 7 NUMBER OF FIRE INCIDENTS 20 0:02:43
TOTAL CARMEL CITY INCIDENT 42 0:02:47
AVERAGE RESPONSE
FIRE RESPONSES CARMEL CITY
STREET
AVERAGE RESPONSE
RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Dates: 11/01/2022 to 11/30/2022
STREET
MEDICAL RESPONSES CARMEL CITY
TOTAL AVERAGE RESPONSE TIME
Attachment 3
INCIDENT PRIORITY DATE ALARM ARRIVAL RESPONSE CALL CLEARED
CARMEL HIGHLANDS
221104-CFA01519 Emergent 11/4/2022 8:43:29 AM 8:55:00 AM 0:11:31 9:35:00 AM HWY 1 / SPINDRIFT R 221111-CFA01544 Emergent 11/11/2022 8:54:38 AM 9:02:50 AM 0:08:12 9:50:00 AM 93 CORONA WAY 221124-CFA01607 Emergent 11/24/2022 1:20:53 PM 1:31:02 PM 0:10:09 2:15:29 PM 1 POINT LOBOS STAT 221129-CFA01633 Emergent 11/29/2022 7:01:14 AM 7:15:00 AM 0:13:46 7:18:00 AM 115 YANKEE POINT D 221129-CFA01636 Emergent 11/29/2022 5:14:41 PM 5:25:00 PM 0:10:19 5:32:58 PM 195 SAN REMO RD Subtotal 5 Average Response Time 0:10:47
CYPRESS FIRE
221101-CFA01509 Emergent D11/2/2022 12:00:23 AM 12:09:34 AM 0:09:11 12:39:45 AM 25625 RYAN PL 221103-CFA01514 Emergent 11/3/2022 3:56:23 PM 3:59:29 PM 0:03:06 4:01:20 PM RIO RD / OLIVER RD 221107-CFA01531 Emergent 11/7/2022 4:01:41 PM 4:09:02 PM 0:07:21 4:58:41 PM 275 CROSSROADS BL 221109-CFA01537 Emergent 11/9/2022 1:28:21 PM 1:35:14 PM 0:06:53 1:42:47 PM 25717 CANADA DR 221109-CFA01538 Emergent 11/9/2022 7:32:28 PM 7:39:12 PM 0:06:44 7:40:15 PM 25390 CARMEL KNOL 221110-CFA01541 Emergent 11/10/2022 4:54:14 PM 4:59:40 PM 0:05:26 6:06:49 PM 26245 CARMEL RANC 221111-CFA01546 Emergent 11/11/2022 3:10:04 PM 3:12:00 PM 0:01:56 3:20:00 PM 25315 FLANDERS DR 221112-CFA01553 Emergent 11/12/2022 8:08:55 AM 8:16:05 AM 0:07:10 9:33:23 AM 25375 ARRIBA DEL M 221112-CFA01554 Emergent 11/12/2022 12:57:12 PM 1:07:37 PM 0:10:25 1:13:20 PM 4275 CANADA LN 221114-CFA01564 Emergent 11/14/2022 4:13:58 AM 4:19:27 AM 0:05:29 5:08:00 AM 3139 8TH AVE 221114-CFA01565 Emergent 11/14/2022 11:26:54 AM 11:32:59 AM 0:06:05 11:48:48 AM 26358 CARMEL RANC 221114-CFA01567 Emergent 11/14/2022 10:16:41 PM 10:24:53 PM 0:08:12 10:38:11 PM 26395 SCENIC RD 221116-CFA01572 Emergent 11/16/2022 6:43:37 AM 6:50:07 AM 0:06:30 7:38:59 AM 26372 RIVERSIDE PL 221116-CFA01573 Emergent 11/16/2022 2:40:35 PM 2:46:55 PM 0:06:20 3:51:06 PM 555 CARMEL RANCHO 221116-CFA01574 Emergent 11/16/2022 4:35:43 PM 4:40:11 PM 0:04:28 4:59:04 PM 201 CROSSROADS BL 221119-CFA01580 Emergent 11/19/2022 8:44:34 AM 8:50:11 AM 0:05:37 8:59:22 AM 3665 RIO RD 221121-CFA01586 Emergent 11/21/2022 2:01:35 AM 2:12:46 AM 0:11:11 3:15:00 AM 4060 ARROYO TRL 221121-CFA01587 Emergent 11/21/2022 9:36:24 AM 9:40:45 AM 0:04:21 9:48:31 AM OCEAN AVE / HWY 1 221121-CFA01588 Emergent 11/21/2022 11:38:00 AM 11:47:00 AM 0:09:00 12:45:00 PM 4145 SEGUNDO 221121-CFA01589 Emergent 11/21/2022 12:49:04 PM 12:55:01 PM 0:05:57 1:40:00 PM 26135 CARMEL RANC 221122-CFA01596 Emergent 11/22/2022 8:53:23 PM 8:59:19 PM 0:05:56 9:13:27 PM 3556 TAYLOR RD 221123-CFA01600 Emergent 11/23/2022 4:24:48 PM 4:31:10 PM 0:06:22 5:25:03 PM 4935 CARMEL VALLEY 221123-CFA01601 Emergent 11/23/2022 6:12:47 PM 6:22:03 PM 0:09:16 6:39:06 PM 25547 CARMEL KNOL 221123-CFA01602 Emergent 11/23/2022 9:13:51 PM 9:20:36 PM 0:06:45 9:36:34 PM 3850 RIO RD 221124-CFA01611 Emergent 11/24/2022 7:24:04 PM 7:30:17 PM 0:06:13 8:20:00 PM 25547 CARMEL KNOL 221126-CFA01619 Emergent 11/26/2022 7:30:01 AM 7:36:43 AM 0:06:42 8:31:21 AM 3850 RIO RD 221128-CFA01627 Emergent 11/28/2022 2:38:59 PM 2:45:38 PM 0:06:39 2:51:12 PM 4145 SEGUNDA DR 221128-CFA01629 Emergent 11/28/2022 6:34:56 PM 6:40:42 PM 0:05:46 6:53:02 PM 26135 CARMEL RANC 221129-CFA01634 Emergent 11/29/2022 9:08:14 AM 9:18:00 AM 0:09:46 9:20:24 AM 24805 OUTLOOK CT 221129-CFA01637 Emergent 11/29/2022 8:38:38 PM 8:45:55 PM 0:07:17 9:40:00 PM 3331 SAN LUIS AVE 221130-CFA01640 Emergent 11/30/2022 8:27:56 AM 8:37:42 AM 0:09:46 9:37:58 AM 24805 OUTLOOK CT 221130-CFA01642 Emergent 11/30/2022 9:28:36 PM 9:39:05 PM 0:10:29 11:21:02 PM 4059 SUNRIDGE RD Subtotal 32 Average Response Time 0:06:57
PEBBLE BEACH
221102-CFA01510 Emergent 11/2/2022 4:41:01 PM 4:49:51 PM 0:08:50 6:05:00 PM 3152 FOREST LAKE R 221106-CFA01527 Emergent 11/6/2022 4:15:10 AM 4:25:42 AM 0:10:32 4:54:28 AM 1415 LISBON LN 221109-CFA01535 Emergent 11/9/2022 8:01:32 AM 8:09:47 AM 0:08:15 9:07:53 AM 3202 DEL CIERVO RD 221109-CFA01536 Emergent 11/9/2022 10:45:06 AM 10:53:04 AM 0:07:58 11:36:27 AM 3384 SEVENTEEN MIL 221112-CFA01556 Emergent 11/12/2022 4:15:35 PM 4:22:12 PM 0:06:37 6:15:30 PM FOREST LAKE RD / RI 221112-CFA01558 Emergent 11/12/2022 11:34:02 PM 11:43:19 PM 0:09:17 12:32:18 AM 3307 SEVENTEEN MIL 221117-CFA01578 Emergent 11/17/2022 4:15:46 PM 4:23:04 PM 0:07:18 5:10:48 PM 1500 CYPRESS DR 221118-CFA01579 Emergent 11/18/2022 10:25:01 AM 10:32:07 AM 0:07:06 10:47:31 AM 3290 CYPRESS DR 221119-CFA01581 Emergent 11/19/2022 12:58:22 PM 1:07:00 PM 0:08:38 2:00:00 PM 3187 FOREST LAKE R
INCIDENT
Carmel Highlands
INCIDENT
RESPONSES BY DISTRICT
STREET
CYPRESS FIRE
INCIDENT
Attachment 3
221123-CFA01598 Emergent D11/23/2022 10:11:33 AM 10:21:58 AM 0:10:25 11:10:00 AM 1500 CYPRESS DR 221125-CFA01613 Emergent 11/25/2022 1:31:11 PM 1:39:03 PM 0:07:52 2:10:13 PM SPYGLASS HILL RD / 221125-CFA01614 Emergent 11/25/2022 2:25:25 PM 2:30:11 PM 0:04:46 3:30:00 PM 3253 STEVENSON DR 221125-CFA01618 Emergent 11/25/2022 6:59:40 PM 7:06:13 PM 0:06:33 8:00:00 PM 3215 LIVE OAK MEAD 221127-CFA01622 Emergent 11/27/2022 2:00:19 AM 2:06:00 AM 0:05:41 4:00:52 AM 3403 SEVENTEEN MIL 221128-CFA01626 Emergent 11/28/2022 9:25:56 AM 9:41:15 AM 0:15:19 10:02:56 AM 2700 SEVENTEEN MIL 221130-CFA01642 Emergent 11/30/2022 9:28:36 PM 9:39:05 PM 0:10:29 11:21:02 PM 4059 SUNRIDGE RD Subtotal 16 Average Response Time 0:08:29
PACIFIC GROVE
221129-CFA01635 AmEmergenAm11/29/2022 A1:17:22 PM A1:28:44 PM 0:11:22 3:00:00 PM 551 GIBSON AVE 221130-CFA01641 AmEmergenAm11/30/2022 A5:26:34 PM A5:38:11 PM 0:11:37 6:53:22 PM 949 14TH ST Subtotal 2 Average Response Time 0:11:29
MARINA
221108-CFA01532 Non-Emerg11/8/2022 9:36:46 AM 9:59:47 AM 0:23:01 11:15:00 AM DEL MONTE BL SB ON Subtotal 1 Average Response Time 0:23:01
MID COAST
221122-CFA01595 Emergent 11/22/2022 5:46:42 PM 6:05:00 PM 0:18:18 6:47:31 PM 37013 PALO COLORA 221123-CFA01597 Emergent 11/23/2022 7:59:40 AM 8:17:00 AM 0:17:20 9:00:33 AM 36648 HWY 1 221125-CFA01617 Emergent 11/25/2022 5:21:58 PM 5:34:00 PM 0:12:02 6:25:13 PM 31613 HWY 1 Subtotal 3 Average Response Time 0:15:53
MONTEREY
221101-CFA01505 Emergent 11/1/2022 12:08:33 PM 12:15:41 PM 0:07:08 12:37:00 PM 5 VICTORIA RISE 221101-CFA01506 Emergent 11/1/2022 2:26:11 PM 2:34:14 PM 0:08:03 3:15:00 PM 560 MUNRAS AVE 221112-CFA01552 Emergent 11/12/2022 2:08:51 AM 2:18:34 AM 0:09:43 2:32:19 AM MUNRAS AVE NB OFF 221112-CFA01557 Emergent 11/12/2022 9:41:05 PM 9:51:46 PM 0:10:41 10:27:33 PM 800 CASANOVA AVE 221121-CFA01591 Non-Emerg11/21/2022 8:37:39 PM 8:48:21 PM 0:10:42 10:00:00 PM 1575 SKYLINE DR 221123-CFA01599 Emergent 11/23/2022 1:18:03 PM 1:30:11 PM 0:12:08 2:12:20 PM 555 ABREGO ST 221123-CFA01603 Emergent 11/23/2022 9:41:47 PM 9:51:28 PM 0:09:41 10:36:00 PM 895 LOBOS ST 221125-CFA01612 Emergent 11/25/2022 12:12:06 PM 12:22:27 PM 0:10:21 1:20:00 PM 1501 SKYLINE DR Subtotal 8 Average Response Time 0:09:48
SEASIDE/SAND CITY
221109-CFA01539 EmergenAm11/9/2022 9:12:49 PM 9:30:00 PM 0:17:11 12:35:27 PM 1536 Broadway Ave 221115-CFA01569 EmergenAm11/15/2022 2:27:12 PM 2:37:21 PM 0:10:09 1:15:00 AM 691 Harcourt Ave Subtotal 2 Average Response Time 0:13:40
TOTAL All CALLS 111 0:06:28
MONTEREY
INCIDENT
PEBBLE BEACH
TOTAL AVERAGE RESPONSE TIME
SEASIDE/SAND CITY
MARINA
MID COAST
INCIDENT
PACIFIC GROVE
INCIDENT
INCIDENT
INCIDENT
Attachment 3
District Response Number Average Response Time
CARMEL-BY-THE-SEA 42 0:02:47
CARMEL HIGHLANDS 5 0:10:47
CYPRESS FIRE PROTECTION 32 0:06:57
PEBBLE BEACH 16 0:08:29
PACIFIC GROVE 2 0:11:29
MONTEREY 8 0:09:48
SEASIDE 2 0:13:40
MID COAST 3 0:15:53
MARINA 1 0:23:01
Total Responses 111 0:06:28
%of code 3 medical responses in Carmel < 5min 100.00%
CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
NOVEMBER 2022
Response Summary Report by District Type
CARMEL-BY-THE-SEA
38%
CARMEL HIGHLANDS
4%
CYPRESS FIRE
PROTECTION
29%
PEBBLE BEACH
14%
PACIFIC GROVE
2%
MONTEREY
7%
SEASIDE
2%
MID COAST
3%
MARINA
2%
CARMEL-BY-THE-SEA
CARMEL HIGHLANDS
CYPRESS FIRE PROTECTION
PEBBLE BEACH
PACIFIC GROVE
MONTEREY
SEASIDE
MID COAST
MARINA
Attachment 3
CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Works Department Report
November 2022
City Council Meeting of November 1, 2022
• Adopted Resolution 2022-094, awarding a $175,000 Professional Services Agreement to EMC Planning, with subconsultants Integral Consulting and Haro Kasunich, for the Coastal Engineering Study, as recommended by the Climate Committee and as outlined in the Climate Adaptation Plan. • Adopted Resolution 2022-096, adopting the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan.
• Adopted Resolution 2022-098, amending CDP 18-231 to extend the current Beach Fire Management Pilot Program by six months, through May 15, 2023.
• Received the Car Week After Action Report.
Forest and Beach Commission Meeting of November 10, 2022 • Denied removal of one Monterey pine tree, but authorized pruning of same, at Junipero Street, 5 northeast of Third Avenue. Requested waiver of tree removal permit application fee if same tree further deteriorates within ten years, and if fee waiver is allowed per City requirements at that future time. • Public Works Director gave a presentation regarding the San Carlos Median Islands Project, between Tenth and Thirteenth Avenues, that is integral with upcoming paving and bike route construction work.
Included project history, funding sources, and results of first Public Workshop held in early 2020, after which, the Project was put on hold for two years due to the Pandemic. Requested Commission feedback on a preference of four smaller, versus two larger islands, and landscaping themes. Twelve members of the public spoke, many living in the neighborhood, all opposed installing any medians.
Commission requested to revisit the Project following a second Public Workshop. • Forester suggested establishing a Steering Committee, comprised of the Forest and Beach Commission plus possible additional members, and a Technical Advisory Committee, to guide the development of the Urban Forest Management Plan which is now underway. Commission requested staff to develop a basic Committee Charter, application process, and screen candidates for tentative selection at an upcoming meeting.
• Presented Forester’s and Public Works Department’s monthly reports for October 2022.
Traffic Safety Committee Meeting of November 10, 2022
• Resolved that stop-controlled intersection changes made at Junipero Street and Seventh Avenue are in good working order at this time, including the recently-installed crosswalk across Seventh. • Reviewed speed reduction request along Torres Street, north of Ocean Avenue. Data does not indicate speeding, but overgrown trees at the Ocean Avenue intersection will be pruned for site visibility. • Discussed MST’s request to remove parking spaces in front of bus stop benches at Junipero and Fourth, and at San Carlos and Ninth. MST and staff to work together to further review the merits of this request, to see if there are similar concerns at other bust stop locations, and to seek alternatives which minimize the loss of parking spaces.
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: December 1, 2022
APPROVED BY: Chip Rerig, City Administrator
Attachment 4
Public Works Department Report – November 2022
• Denied a request to install fencing along the west side of Carpenter, north of First Avenue; however, Applicant was unable to attend.
• Approved converting a red no parking zone along Sixth Avenue, west of San Carlos Street, into a yellow commercial loading zone, with signage restricting hours and truck loading durations. • Denied a request to create a resident permit-only parking space on Santa Rita Street, between Ocean and Sixth Avenues.
• Approved installing an intermediary “No Parking” post on the west side of Guadalupe, between Seventh and Mountain View, to ensure emergency vehicle access on a narrow segment of roadway. • Reviewed request from Carmel Rotary Club to install signs at the entrances into the City, at Rio Road and Carpenter Street. Staff will recommend locations for City Council consideration in January.
Climate Committee Meeting of November 17, 2022
• Meeting Cancelled
Administration
• Processed a Statement of Support letter from the National Guard and Reserve recognizing the City’s support of our troops, and to honor Facility Maintenance Specialist, Leo Hernandez, for his service. On Council agenda for December 6th meeting.
• Coordinated donations valued at $150,316, plus over 7,800 volunteer labor hours, with Carmel Cares, for City Council acceptance of donations at the December 6th meeting. • Gave a presentation to the Carmel Rotary about the Public Works Department operations, key accomplishments, and challenges in 2022.
• Unfortunately, PG&E declined City’s request to relocate the existing overhead power line along the Willow Trail in the Mission Trail Nature Preserve (MTNP) to underground, despite it being an ideal project candidate in a very high fire zone.
• Public Works managers met with Community Planning and Building to coordinate plan check, permit processing, and related issues. Team agreed to continue process improvements and meet quarterly. • Provided feedback to developer for Ulrika Plaza’s third design iteration, at a Development Review meeting.
• Held a team building Pumpkin Carving Contest. Thanks to Chief Ward for serving as the Judge. • All Public Works staff completed harassment training. • Reposted the Project Manager position and screened applications. • Updated and cleaned up the Professional Services Agreement template used by City-wide staff. • Public Works Director vacationed to Brisbane, Australia, where he fed kangaroos, rode on very efficient bus lines, saw “Give Way” yield signs, stood a white sand beach on the Pacific Ocean facing east, and heard 200 people from literally all over the world sing to Queen’s “Bohemian Rhapsody” song in unison! Carmel Cares
• 65 volunteers, representing three Rotary Clubs, High School students, Girl Scouts, and Carmel Cares planted 857 drought-tolerant, native plants in the Forest Theater, as approved by the Forest and Beach Commission and staff.
• Submitted draft plans for the Scenic Pathway Guardrail Repair Project, which was checked by staff. • Continued planning for picnic tables and pathways for Phase 2 improvements at Forest Theater. Plans will include an ADA-compliant pathway from a parking space to a picnic table area. • The Downtown Detail continued to make downtown beautification improvements, and worked with High School students to clean up Carmel Beach and around the North Dunes habitat restoration site. • Continued to maintain and improve the Scenic Pathway, focusing on native plant pruning and ice plant removal.
Environmental Programs
• Reviewed a Contract from PG&E which would authorize PG&E to install a new meter and equipment, valued at $200k but at no charge to the City, for new EV charging stations along the southern row of the Vista Lobos parking lot .A high capacity charger would be for the new electric street sweeper.
Attachment 4
Public Works Department Report – November 2022
• Received a draft report from Central California Energy Watch which suggests some options to reduce energy consumption. Will meet with group in December.
• Developed and executed a new Professional Services Agreement with Dudek for on-call environmental services.
• Preparing a Professional Services Agreement with Applied Marine Science to continue water quality testing and monitoring efforts associated with the ocean’s Area of Special Biological Significance. • Developed a Dog Behavior Survey posted on the City’s website. Information will be used to enhance voluntary compliance to clean up pet waste to reduce bacteria from entering waterways. • Attended a tour sponsored by ReGen Monterey (formerly Monterey Regional Waste Management District) which included tours of the recycling center and landfill gas to energy facility. • Coordinated with ReGen Monterey regarding implementation of the new Edible Food Recovery Program, an element of Senate Bill SB1383.
• Held a kick off meeting with the City Administrator, and Public Safety, Community Planning & Building, and Public Works Directors, to establish an approach to implementing, coordinating, and tracking the numerous and long-term projects identified in the Climate Adaptation and Climate Action Plans. • Supported removal of a Tesla vehicle that crashed into the North Dunes. Fortunately, there were no impacts to endangered or sensitive species and only minor damage to an oak tree and vegetation.
Facility Maintenance
• Facilitated the fast-track replacement of a failed boiler motor at Sunset Center, which rendered the facility without heat for several days. Seeking reimbursement from manufacturer’s warranty. • Working with Sunset Center staff, cleaned out rain gutters around Sunset Center roof. • Vendors conducted annual testing of fire alarm and emergency generator systems. • Upgraded to LED lighting at the Devendorf Park and First Murphy restroom facilities. • Replaced rusted Bar-B-Que grills at Vista Lobos Park. • Installed “No Unauthorized Access” signs at strategic doorways at City facilities. • Repaired crankcase for Police/Public Works emergency generator. • Issued Purchase Order for refurbished office furniture for the Public Works front office (Environmental, Forestry, and Director’s office) to match existing lobby furniture. New furniture arrangement will accommodate seven, rather than the existing six, office staff. • Assisted with holiday decorations in Devendorf Park and along Ocean Avenue. • Assisted with set up for the holiday Menorah and Tree Lighting Event.
Project Management for Capital Improvement Program
Wallace Group Projects:
• For the MTNP Well Abandonment and Pump House/Water Tank Removal project, Rincon prepared a CEQA Categorical Exclusion document identifying construction mitigation to minimize impacts. No regulatory permits are required since all work will be done outside of the streambed. M3 prepared a hazardous materials report noting no asbestos at these facilities, but traces of lead paint in piping. • For the Concrete Streets Repair Project, which includes a bike path along Ocean Avenue, between Monte Verde and San Antonio, proposals and fee negotiations were finalized with BKF. A Professional Services Agreement, with a fee estimate of $200,000, is anticipated for the January Council meeting.
Ausonio, Inc. Projects:
• Based on a building permit readiness review, the City Hall Retaining Wall Repair Project plans need to be supplemented by a geotechnical memorandum supporting the structural design. Work in progress. • A Professional Services Agreement was finalized with Bureau Veritas for Facility Condition Assessments for four City buildings: City Hall, Fire Station, Public Works, and Vista Lobos. The $56,518 contract will be presented at the December 6th Council meeting. 4 Leaf Projects:
• For the 2020/21 Paving Project, met with the design engineer and 4 Leaf project manager to finalize the technical specifications, special conditions, and bid item descriptions.
Attachment 4
Public Works Department Report – November 2022
• For the Police Building Renovation Project, selected Wald, Runke & Dost Architects to reboot the project. Negotiated a number of proposal revisions with WRD leading up to an approach of functional programming report and schematic design, with a fee of $89,115, to refine the project scope of work, including the proposed EOC, report writing room, revised locker rooms, EV chargers, and resilience evaluation. Will also evaluate the Project based on new 2022 building code requirements for possible building-wide fire sprinklers, ADA facilities, electrical re-wiring, and seismic verification. Professional Services Agreement prepared and will be presented at the December 6th City Council meeting.
Other CIP Projects:
• The HVAC Controller System Project at Sunset Center, which was amended into the Capital Improvement Plan late last Fiscal Year, was completed and tested. Closeout in progress.
Street Maintenance
• Set up and staffed the Homecrafter’s Event on November 19th at Sunset Center. • Cleaned up after the first big storm event which dumped 2.41 inches of rain in Carmel, flooded parts of Forest Hill Park, knocked down tree limbs, and eroded beach sand. • Completed the annual Storm Drain Inspection Program to prepare for the winter season. • Mucked out drainage channels and swales, notably along Rio Road and Fourth Avenue. • Continued making ongoing sidewalk repairs in the downtown area. • Began implementing traffic modifications resulting from the Nov. 10th Traffic Safety Committee meeting. • Completed Annual Program Compliance Reports required for Measure X and SB-1 funding. • Installed a “Slow” sign for southbound Camino del Monte into San Carlos Street at the Hofsas House. • Replaced posts on the pedestrian bridge in Devendorf Park. • Provided maintenance services and minor repairs to a number of fleet vehicles and heavy equipment. • Investigated the costs for installing rubber mat tree wells, as commonly found in Monterey. Rubber mats can be made to appear as wood chips. Will install a pilot case in the near future.
Forestry Parks and Beach Report (Forester’s Report)
• Davey Resource Group began collecting tree inventory data as part of the initial stages of creating an Urban Forestry Master Plan.
• Held kick-off meeting with landscaping maintenance contractor, Town & Country, and several task orders were issued with many more to come.
• Planted 6 new trees, including relocated redwood saplings from LA, “Fern” and “Feather,” in Devendorf Park.
• 60 new trees of varies species arrived for planting throughout town. • An oak tree was damaged by a car in the North Dunes.
• Devendorf Park hosted the Veteran’s Day commemoration and has been decorated for the winter holidays.
2022 Permitted Removals and Required Planting
Removals Plant
Upper
Plant
Lower
No room
for New
Tree
Meets Density
Recommendation
Total Number of Trees
Required
January 2 1 1 0 0 2
February 14 4 5 0 3 9
March 13 4 4 0 4 8
April 7 2 5 3 2 7
May 19 8 4 3 4 12
June 11 3 1 0 6 4
July 8 1 1 4 1 2
. Private and Development Activities
Attachment 4
Public Works Department Report – November 2022
August 41 16 10 5 3 26
September 9 5 2 0 0 7
October 7 0 1 0 6 1
November 18 4 3 0 9 7
December
2022 Totals 149 48 37 15 38 85
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* 149 82 67 85 48 37 57.04% 168
*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 do
Attachment 4
Public Works Department Report – November 2022
71 96 67
139 165 149 176 165 132 159
88 124
207
256
556 425
163
107
187
115 101
96 661
74 75
38 40
105
113
66 72
59 62
55 34
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 1
36 36 43 60 47 42 40
58 35 35 30
8 9 5
5 2 5 17
18 8 10 5
12 9 15
14 17 20 17
33 16 11 12
5 4
0 6 3
3 3 0 3
1 0 0 2
3 0 0 0
105
164
218
185
137
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 & Field Tasks
Failures Inspection Plan reviews
Permit intake Site Assessments Stop work orders
Fresh Desk Tickets Resolved*
*Fresh Desk ticketing
began with the fiscal year
City Forestry, Parks, and Beach Activities
Attachment 4
PRA Requests – November, 2022
Police Records Requests – November, 2022
Attachment 5
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
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 2023-002, authorizing the City Administrator to execute a Professional Services Agreement with Jayson Architecture, for an amount not to exceed $55,000, for the Library Master Plan Project
RECOMMENDATION:
Adopt Resolution 2023-002 authorizing the City Administrator to execute a Professional Services Agreement with Jayson Architecture for an amount not to exceed $55,000 for the Library Master Plan Project.
BACKGROUND/SUMMARY:
In June 2021, the City Council approved a Fiscal Year (FY) 2021/22 Capital Improvement Project entitled “Library Master Plan,” with a budget of $50,000 funded by Measure C. Due to the ongoing pandemic, this Project was carried over into FY 2022/23.
The objective of this Project is to develop facility plans for the Harrison Memorial and Park Branch Library buildings in support of the Library’s Strategic Plan. The plan will identify opportunities for improvements within the buildings, including accessibility, shelving, modular furniture, and improved catalog access.
In spring 2022, the Public Works Department issued a Request for Statements of Qualifications (SOQs) for consultants covering 14 different professional service areas, including architectural services. This massproduced consultant selection approach resulted in the receipt of seven, consistently-formatted SOQs. All SOQs received allowed for focused reviews on firm capabilities, technical expertise of proposed key individuals, project management controls, and prior experience with similar projects, for streamlined, “apples-to-apples” comparisons.
Specifically, the City’s request for SOQs for Architectural Services listed tasks needed for the Library Master Plan Project including space planning, schematic design, and historic preservation, as well as qualifications for future phase project tasks, such as preparing design plans and specifications, and construction support for various projects for both the Harrison Memorial and Park Branch library buildings.
The SOQs submitted for architectural services were independently reviewed by a selection panel consisting of the Executive Director of the Carmel Public Library Foundation, a Board Director of the Foundation, Library and Community Activities Director, and Public Works Director. This committee narrowed the seven (7) firms down to two (2) firms for further evaluation: Jayson Architecture and Thomas Hood Architects.
A thorough vetting process was then undertaken by an expanded committee, with the President of the Library Board of Trustees and another Board Director from the Carmel Public Library Foundation, which included a submission of proposals for Phase 1 of the Library Master Plan Project and two rounds of interviews. The committee is recommending that the City enter into a Professional Services Agreement with Jayson Architecture. Their scope of work includes performing an existing conditions evaluation by an architect, and structural, electrical, and mechanical engineers; preparation of a facility design guide; and development of a preliminary, 5-year capital improvement plan with project cost estimates, focusing on the most critical, prioritized needs of the library buildings. This is just the first step in the process of the longterm goal of upgrading our public libraries and to address the backlog of deferred maintenance. The Master Plan is anticipated to be completed within approximately four months from the issuance of a Notice to Proceed.
FISCAL IMPACT:
Jayson’s base fee for these services is $50,000, matching the available funding. However, due to the comments noted by the selection committee, minor additional services may be promptly needed to keep the momentum going during the Master Planning Phase. Therefore, a budget contingency of 10%, or $5,000, is recommended for potential Supplemental Services. Sufficient funds for the total contract not-to-exceed amount of $55,000 is available in the Capital Projects Fund #301-311-00-43008.
Funding for future phases of the Library Master Plan will be determined in partnership by the City, Carmel Public Library Foundation, and the Harrison Memorial Library Board of Trustees.
PRIOR CITY COUNCIL ACTION:
In May 2022, the City Council approved the carry-over of unfinished Capital Improvement Projects from FY 2021/22, including the Library Master Plan, into the FY 2022/23 Capital Improvement Program.
ATTACHMENTS:
Attachment 1) Resolution 2023-002
Attachment 2) Professional Services Agreement with Jayson Architecture
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-002
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 JAYSON ARCHITECTURE, FOR AN AMOUNT NOT TO EXCEED $55,000, INCLUDING CONTINGENCY, FOR THE
LIBRARY MASTER PLAN PROJECT
WHEREAS, in May 2022, the Carmel-by-the-Sea City Council adopted the Fiscal Year 2022/23 Capital Improvement Plan Budget which included $50,000 from for a Library Master plan for the Harrison Memorial and Park Branch Libraries;
WHEREAS, the purpose of this project is to develop facility plans for the Harrison Memorial and Park Branch Library buildings in support of the Library’s Strategic Plan. The plan will identify opportunities for improvements within the buildings, including accessibility, shelving, modular furniture, and improved catalog access; and
WHEREAS, based on a committee’s evaluations of Statements of Qualifications submitted by seven (7) architectural firms, Jayson Architecture was determined to be best qualified to develop a Library Master Plan; and
WHEREAS, the scope of work, schedule, and base fee of $50,000 was negotiated with this consultant, and a 10% contingency of $5,000 is recommended for any unanticipated additional work.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA DOES HEREBY:
Authorize the City Administrator to execute a Professional Services Agreement with Jayson Architecture, for an amount not to exceed $55,000, for the Library Master Plan Project.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 10th day of January 2023, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
SIGNED: ATTEST:
_______________________ ___________________________
David Potter, Mayor Nova Romero, City Clerk, MMC
Attachment 1
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Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Alan Ward, Police Chief
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-003 to extend purchase contract with AXON for Police Body Cameras and related equipment and services
RECOMMENDATION:
Adopt Resolution 2023-003 to extend purchase contract with AXON for Police Body Cameras and related equipment and services.
BACKGROUND/SUMMARY:
The Carmel-by-the-Sea Police Department successfully implemented the use of body-worn cameras supplied by Axon Industries in 2018. Currently, all sworn officers assigned to patrol and working in the field have been equipped with Axon AB2 body-worn cameras or Flex 2 body-worn cameras. Additionally, our non-sworn members also wear Axon AB2 body-worn cameras as a tool to use in the course of their duties.
The use of body-worn cameras supports a reduction in citizen complaints, use of force incidents; they support an increase in capturing valuable evidence to help with the prosecution of crimes and to continue to assist with the transparency of the Carmel by the Sea Police Department operations with the community. We have seen an overall reduction in citizen complaints due to the use of body-worn cameras. The Carmel by the Sea Police Department is committed to the belief that the body-worn camera is an important and valuable tool for law enforcement, including, the software known as Evidence.com which offers storage and redaction. The officers have been able to record their investigations which are then reviewed by detectives and attorneys facilitating prosecution. The body-worn cameras have proven to work well with the Carmel-bythe-Sea Police Department and meet the needs of officers and citizens of Carmel by the Sea.
The benefits of using body-worn cameras include:
Reducing use of force incidents and citizen complaints.
Provide an exceptional point of view recording of incidents and crime scenes.
Capturing valuable statements by victims, witnesses, and suspects to aid in prosecution.
Afford officers an opportunity to review incidents to enhance their reports and their testimony in court.
Allows supervisors to review officer interactions to provide mentorship and training, if they recognize areas of potential improvement.
The Officer Safety Plan allows the Police Department to have new technology and better support from Axon. The customer service provided by Axon has been exceptional and support is available when needed, especially during major investigations. As noted, Axon has developed a product called Evidence.com which is a cloud-based storage system that complies with the requirements California has for evidence collection and storage.
Evidence.com stores all officer’s videos in accordance with retention schedules, allowing investigators to review the investigations and share them with the City and County Attorney’s Office. This is an exceptional tool for prosecution as well as investigations. Evidence.com has redaction software that allows the Carmel by the Sea Police Department to release videos to the public in an expedient manner but stay in compliance with state law by redacting any personal and sensitive video footage. The redaction tool and ability to quickly upload redacted videos have been invaluable to supporting our agency’s dedication to transparency and communication. Both have become an industry standard for law enforcement.
There are many benefits of a cloud-based system offered by Evidence.com. The first is that there are no hardware costs to Carmel-by-the-Sea Police Department, no hardware systems need to be replaced and no additional computers or servers are needed for initial or ongoing purchase/replacement. There is no burden on Carmel-by-the-Sea Police Department to worry about available storage space since there is unlimited storage available on Evidence.com. This helps reduce the amount of physical or tangible media placed in the police station; this digital media is stored in the cloud. Officers also use the Axon Capture phone application, which allows them to take and upload crime scene photographs with their personal electronic devices, which are uploaded and stored on Evidence.com. Similarly, Axon has developed Axon Citizen, allowing officers, detectives, or any department user, to share a link with a community member and afford an opportunity to the community member to upload photos or videos from their device to the associated incident. This reduces staff time in uploading or gathering the photos or videos electronically, then burning those videos or images to a disc.
One component of the Agreement is the Axon Assurance Plan which allows for extended hardware coverage, spare parts for the cameras, and upgrade models in year three and year five of the contract.
Additionally, newAxon docking stations are included for the body-worn camera AB3 and Flex 2 platforms.
The Agreement will also include unlimited storage and improved redaction software to help save staff time and resources when producing public records and/or media requests.
The Carmel-by-the-Sea Police Department has done its due diligence and determined that this Agreement qualifies as a sole source purchase. The Carmel-by-the-Sea Police Department has been using Axon products for many years and has trained its officers extensively on the use of the Axon AB2 and Flex bodyworn cameras and TASER products. This Agreement will promote continuity within the department on very complex products and technology. This includes the use of the software program, Evidence.com which under the proposed agreement, has expanded to cloud storage technology. NewAxon body-worn camera products are compatible with this cloud storage technology. The Carmel-by-the-Sea Police Department has been implementing Axon's products and services successfully and renewing this Agreement would be an appropriate sole source purchase.
Key Considerations:
1. The Carmel by the Sea Police Department has been using Axon body-worn camera systems since 2018. Officers are familiar with the devices, the software, and how to label, upload, download, share, search, categorize and store the videos properly on Evidence.com.
2. The Agreement would allow the Carmel-by-the-Sea Police Department to have unlimited data storage.
3. The Agreement provides officers with additional training and materials as required for the continued deployment of Axon equipment.
Expanded Financial Considerations:
The total amount for the five (5)-year term of the Agreement will be $90,878.47. The amount requested for year one (FY 2022-23) is $12,366.61.
The true value of the Agreement without the Carmel-by-the-Sea Police Department's credit or early renewal discounts would be $127,971.12. By taking advantage of the early contract renewal the City of Carmel by the Sea will save $7,418.53 per year for a total of $37,092.65 over the 5-year life of the contract.
Year ONE - will be in the amount of $12,366.61 and will include replacement equipment and unlimited evidence storage and retention of videos. The Agreement also includes redaction and sharing tools to properly manage the release of videos.
Year TWO - will be in the amount of $19,224.00 and will include the replacement of broken or damaged equipment along with unlimited evidence storage, retention of videos, and redacting software.
Year THREE - will be in the amount of $19,224.00 and will include a replacement of all body-worn cameras with Axon's newest technology and unlimited evidence storage, retention of videos, and redacting software.
Year FOUR - will be in the amount of $19,224.00 and will include the replacement of broken or damaged equipment along with unlimited evidence storage and retention of videos.
Year FIVE - will be in the amount of $19,224.00 and will include a replacement of all body-worn cameras with Axon's newest technology and unlimited evidence storage and retention of video. This will be the last year of the Agreement.
Community Benefits and Considerations:
The Carmel-by-the-Sea Police Department values customer service and community trust. Axon body-worn camera videos will aid in prosecution, accurately documenting victim and witness statements as well as creating an objective recording of the crime scene. The use of Axon body-worn cameras allows the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Department to be more transparent in officer interactions with the public. As a risk management tool, the video recorded by the body-worn cameras and stored in the Evidence.com cloud may alleviate accusations of wrongdoing and prevent use of force incidents.
Community Involvement:
The audio and video recording from the body-worn cameras have helped enhance the Carmel-by-the-Sea Police Department's ability to review probable cause for arrests, view officer and suspect interactions, provide feedback for officers in training, and allows for a visual of evidence collecting for investigation and prosecution. The Carmel-by-the-Sea Police Department has received multiple requests from the media and citizens requesting body-camera footage and having this tool has helped to increase trust between the department and the community.
FISCAL IMPACT:
The current Axon body-worn camera warranties will expire upon completion of FY2022-23. There will need to be a solution to continue the maintenance and replacement of body-worn camera, and this Agreement provides that solution. The City will receive a credit in the amount of $7,433.25 from the original contract.
Axon also warranties the equipment and allows the Carmel by the Sea Police Department to have an open stock on accessories that are included in the Agreement. If the Agreement is approved, the first payment, which will be due in December FY2022-23, will be in the amount of $12,366.61; the remaining four (4) payments, over the remaining four (4)-years of the Agreement will be the amount of $19,224.00. The FY2022-23 payment is budgeted in the Police budget in account number 101-116-00-42001.
PRIOR CITY COUNCIL ACTION:
The City Administrator was authorized to execute the purchase of body-worn cameras as part of the FY 2016/17 Capital Improvement Plan. The approved plan was a five (5)-year contract for Axon body-worn cameras that received approval in October 2018 and is currently in year 5 of the contract.
ATTACHMENTS:
Attachment 1) Resolution 2023-003
Attachment 2) AXON Early Contract Renewal Quote
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH AXON ENTERPRISE, INC. FOR A 5-YEAR MASTER SERVICES AND PURCHASING AGREEMENT FOR THE AXON OFFICER SAFETY PLAN IN THE TOTAL AMOUNT OF $90,878.47 INCLUDING, THE AXON AB3 BODY-WORN CAMERAS, FLEX 2 BODY-WORN CAMERAS, AND BWC UNLIMITED WITH TAP STORAGE AND EVIDENCE.COM LICENSE WHEREAS, the Carmel-by-the-Sea Police Department has successfully implemented the use of body-worn camera systems supplied by Axon Industries since 2018; and WHEREAS, currently, all sworn officers assigned to patrol and working in the field have been equipped with Axon AB2 body-worn cameras or Flex 2 body-worn cameras; and WHEREAS, Officers are familiar with the devices, the software, and how to label, upload, download, share, search, categorize and store the videos properly on Evidence.com, an Axon cloudbased storage system that complies with the requirements California has for evidence collection, storage, and redaction; and
WHEREAS, the use of body-worn cameras supports a reduction in citizen complaints, use of force incidents, as well as support an increase in capturing valuable evidence to help with the prosecution of crimes while providing transparency within the community; and WHEREAS, the current Axon agreement and warranties will expire soon, and an agreement is needed to continue the maintenance and replacement of body–worn cameras for the Carmel-by-theSea Police Department; and WHEREAS, the Carmel-by-the-Sea Police Department has done its due diligence and determined that an Agreement with Axon for qualifies as a sole source purchase; and WHEREAS, by authorizing a continued agreement, Axon Industries will credit the City of Carmelby-the-Sea with an early renewal discount, resulting in a savings to the City of $37,092.65 over a five (5)-year term.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
1. Authorize the City Administrator to execute a five (5)-year master services and purchasing agreement with Axon Industries, Inc. as a sole source provider for the Axon Officer Safety Plan for a total amount of $90,878.47 including, the Axon AB3 Body-Worn Cameras, Flex 2 BodyWorn Cameras, and BWC unlimited with tap storage and evidence.com license; and Attachment 1
Resolution 2023-003
2. Authorize the first payment, which will be due in December FY2022-23, will be in the amount of $12,366.61; the remaining four (4) payments, over the remaining four (4)-years of the Agreement will be the amount of $19,224.00. The FY2022-23 payment is budgeted in the Police budget in account number 101-116-00-42001.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 10th day of January, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
________________________ ___________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Q-441901-44900.881DB
Issued: 12/05/2022
Quote Expiration: 12/31/2022
Estimated Contract Start Date: 01/01/2023
Account Number: 110750
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery-SE CORNER JUNIPERO STREET Carmel Police Dept. - CA Daniel Birt Jeffery Watkins SE CORNER JUNIPERO STREET PO Box 600 Phone: Phone: (831) 624-6403 CARMEL, CA 93921 Carmel, CA 93921 Email: [email protected] Email: [email protected] USA USA Fax: Fax: (831) 624-4296
Email:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $7,418.53 TOTAL COST $88,686.75
ESTIMATED TOTAL W/ TAX $90,878.47 TOTAL SAVINGS $37,092.65 Payment Summary
Date Subtotal Tax Total
Dec 2022 $19,224.00 $575.86 $19,799.86
Jan 2023 ($7,433.25) ($687.58) ($8,120.83)
Dec 2023 $19,224.00 $575.86 $19,799.86
Dec 2024 $19,224.00 $575.86 $19,799.86
Dec 2025 $19,224.00 $575.86 $19,799.86
Dec 2026 $19,224.00 $575.86 $19,799.86
Total $88,686.75 $2,191.72 $90,878.47
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Quote Unbundled Price: $125,779.40
Quote List Price: $112,139.00
Quote Subtotal: $88,686.75
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($7,433.25) ($7,433.25) ($687.58) ($8,120.83) BWCUwTAP BWC Unlimited with TAP 18 60 $101.63 $89.00 $89.00 $96,120.00 $2,879.30 $98,999.30 A la Carte Hardware
AB3C AB3 Camera Bundle 17 $699.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 2 $1,495.00 $0.00 $0.00 $0.00 $0.00 Flex2C Flex 2 Camera Bundle 1 $732.00 $0.00 $0.00 $0.00 $0.00 Flex2SBD Flex 2 Single-Bay Dock Bundle 1 $413.00 $0.00 $0.00 $0.00 $0.00 Total $88,686.75 $2,191.72 $90,878.47
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 19 12/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 17 12/01/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 19 12/01/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 12/01/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 2 12/01/2022 Flex 2 Camera Bundle 11528 FLEX 2 CAMERA, (ONLINE) 1 12/01/2022 Flex 2 Camera Bundle 11532 FLEX 2 CONTROLLER 1 12/01/2022 Flex 2 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 2 12/01/2022 Flex 2 Camera Bundle 11546 EPAULETTE MOUNT, FLEX 2 2 12/01/2022 Flex 2 Camera Bundle 74052 WEARABLE CABLE ASSEMBLY, 6 IN, BLACK, FLEX 2 1 12/01/2022 Flex 2 Single-Bay Dock Bundle 11536 DOCK, FLEX 2, 1-BAY + CORE 1 12/01/2022 Flex 2 Single-Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 12/01/2022 BWC Unlimited with TAP 73309 AXON CAMERA REFRESH ONE 18 06/01/2025 BWC Unlimited with TAP 73313 1-BAY DOCK AXON CAMERA REFRESH ONE 1 06/01/2025 BWC Unlimited with TAP 73689 MULTI-BAY BWC DOCK 1ST REFRESH 2 06/01/2025 BWC Unlimited with TAP 73310 AXON CAMERA REFRESH TWO 18 12/01/2027 BWC Unlimited with TAP 73314 1-BAY DOCK AXON CAMERA REFRESH TWO 1 12/01/2027 BWC Unlimited with TAP 73688 MULTI-BAY BWC DOCK 2ND REFRESH 2 12/01/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 18 01/01/2023 12/31/2027 BWC Unlimited with TAP 73746 PROFESSIONAL EVIDENCE.COM LICENSE 18 01/01/2023 12/31/2027 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 80464 EXT WARRANTY, CAMERA (TAP) 18 12/01/2023 12/31/2027 BWC Unlimited with TAP 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 2 12/01/2023 12/31/2027 BWC Unlimited with TAP 80466 EXT WARRANTY, SINGLE-BAY DOCK (TAP) 1 12/01/2023 12/31/2027
Payment Details
Dec 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 AB3C AB3 Camera Bundle 17 $0.00 $0.00 $0.00
Year 1 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 1 BWCUwTAP BWC Unlimited with TAP 18 $19,224.00 $575.86 $19,799.86 Year 1 Flex2C Flex 2 Camera Bundle 1 $0.00 $0.00 $0.00
Year 1 Flex2SBD Flex 2 Single-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Total $19,224.00 $575.86 $19,799.86
Jan 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($7,433.25) ($687.58) ($8,120.83) Total ($7,433.25) ($687.58) ($8,120.83)
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 AB3C AB3 Camera Bundle 17 $0.00 $0.00 $0.00
Year 2 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 2 BWCUwTAP BWC Unlimited with TAP 18 $19,224.00 $575.86 $19,799.86 Year 2 Flex2C Flex 2 Camera Bundle 1 $0.00 $0.00 $0.00
Year 2 Flex2SBD Flex 2 Single-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Total $19,224.00 $575.86 $19,799.86
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 AB3C AB3 Camera Bundle 17 $0.00 $0.00 $0.00
Year 3 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 3 BWCUwTAP BWC Unlimited with TAP 18 $19,224.00 $575.86 $19,799.86 Year 3 Flex2C Flex 2 Camera Bundle 1 $0.00 $0.00 $0.00
Year 3 Flex2SBD Flex 2 Single-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Total $19,224.00 $575.86 $19,799.86
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 AB3C AB3 Camera Bundle 17 $0.00 $0.00 $0.00
Year 4 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 4 BWCUwTAP BWC Unlimited with TAP 18 $19,224.00 $575.86 $19,799.86 Year 4 Flex2C Flex 2 Camera Bundle 1 $0.00 $0.00 $0.00
Year 4 Flex2SBD Flex 2 Single-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Total $19,224.00 $575.86 $19,799.86
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 AB3C AB3 Camera Bundle 17 $0.00 $0.00 $0.00
Year 5 AB3MBD AB3 Multi Bay Dock Bundle 2 $0.00 $0.00 $0.00 Year 5 BWCUwTAP BWC Unlimited with TAP 18 $19,224.00 $575.86 $19,799.86 Year 5 Flex2C Flex 2 Camera Bundle 1 $0.00 $0.00 $0.00
Year 5 Flex2SBD Flex 2 Single-Bay Dock Bundle 1 $0.00 $0.00 $0.00 Total $19,224.00 $575.86 $19,799.86
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Exceptions to Standard Terms and Conditions
Agency has existing contract #00019194, 00019195 (originated via Q-153307) and is terminating that contract upon the new license start date (1/1/2023) of this quote. The parties agree that Axon is granting a refund of $7433.25 to refund paid, but undelivered services. This discount is based on a ship date range of 12/1/2022-12/15/2022, resulting in a 1/1/2023 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon. This credit is contingent on payment of any outstanding invoices for contract #19195 including Year 5 due December 2022. \s1\ \d1\
Signature Date Signed
12/5/2022
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Adopt Resolution 2023-006 appointing Councilmember Baron as the Policy Board Primary for the Central Coast Community Energy (CCCE)
RECOMMENDATION:
Adopt Resolution 2023-006 appointing Councilmember Baron as the Policy Board Primary for the Central Coast Community Energy (CCCE) for 2023 through 2024, pursuant to the MOU rotation schedule.
BACKGROUND/SUMMARY:
Central Coast Community Energy (CCCE) is a Community Choice Energy agency established by local communities to source clean and renewable electricity for Monterey, San Benito and Santa Cruz counties and parts of San Luis Obispo and Santa Barbara counties while retaining the utility provider’s traditional role of delivering power and maintaining electric infrastructure as well as billing. Before including parts of San Luis Obispo and Santa Barbara counties, CCCE was known as Monterey Bay Community Power. The City shares a seat on the governing Policy and Operations Boards with the Cities of Monterey and Pacific Grove.
CCCE's Policy and Operations Boards are comprised (respectively) of local elected officials and City Managers/City Administrators/Chief Administrative Officers from member agencies. Each shared board seat has a primary, alternate and at-large representatives assigned from the three cities. The three Cities adopted a memorandum of understanding (attachment 2) in 2021 adopting a rotational schedule for the representatives for the shared seats on the Policy and Operations Boards going forward.
According to the MOU rotational schedule, "Cycle 3" begins in 2023, and Carmel-by-the-Sea will the have the Policy Board Primary seat for 2 years (2023 through 2024). Adoption of Resolution 2023-006 will appoint Councilmember Baron as the elected official for the CCCE Policy Board Primary for 2023-2024.
Regardless of each cycle or appointed individuals, elected officials and City Managers/Administrators/Chief Administrative Officers are invited to attend CCCE meetings as they see fit.
FISCAL IMPACT:
None for this action.
PRIOR CITY COUNCIL ACTION:
The City Council routinely makes appointment to various outside agencies. Councilmember Baron was appointed as the CCCE Policy Board Alternate for 2021-2022.
ATTACHMENTS:
Attachment 1) Resolution 2023-006
Attachment 2) CCCE Rotational Schedule MOU
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
APPOINTING COUNCIL MEMBER BARON AS THE PRIMARY MEMBER FOR THE CENTRAL COAST COMMUNITY ENERGY (CCCE) POLICY BOARD FOR 2023-20224 PURSUANT TO
THE CCCE ROTATIONAL SCHEDULE MOU
WHEREAS, Central Coast Community Energy (CCCE) is a Community Choice Energy agency established by local communities to source clean and renewable electricity for Monterey, San Benito and Santa Cruz counties and parts of San Luis Obispo and Santa Barbara counties; and WHEREAS, CCCE's Policy and Operations Boards are comprised (respectively) of local elected officials and city managers/chief administrative officers from member agencies; and WHEREAS, the City of Carmel-by-the-Sea, the City of Pacific Grove, and the City of Monterey entered into a Memorandum of Understanding (MOU) on May 3, 2021, adopting a rotational appointment schedule; and
WHEREAS, the rotational schedule for the Policy Board will enter Cycle 3 beginning in January, 2023; and
WHEREAS, Cycle 3 lists Carmel-by-the-Sea as the Policy Board Primary seat beginning January 2023 through December 2024, according to the MOU; and WHEREAS, in addition to their duties on the City Council, Council Members serve as the City’s representatives to outside agencies.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Appoint Council Member Baron as the CCCE Policy Board Primary pursuant to the MOU.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carmel-bythe-Sea duly held on the 10th day of January, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered into on ______________ (“Effective Date”) by and between the City of Pacific Grove, City of Monterey and City of Carmel by the Sea., The three cities shall be collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
A. As a public agency, Central Coast Community Energy (3CE) is governed by a Policy Board and an Operational Board comprised of elected officials, city managers and city administrators. This governing structure assures that the voices from each city and county served by 3CE will have a seat at the table when important decision regarding 3CE policies and operations are being made.
B. The 3CE Policy Board and Operational Board are shared seats by the Parties.
C. Each board seat shall have a designated primary and alternate designee appointed to 3CE by January 1st every other year.
D. Appointments will be held for 2-year terms.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the Parties hereby agree as follows:
1. Purpose. The purpose of this MOU, includes but is not limited to, allowing the Parties to agree to a rotational appointment schedule, further described in Exhibit A for naming elected officials, city managers and city administrators to the 3CE Policy Board and Operational Board shared seats. (“Purpose”)
2. Term. This MOU may only be terminated by mutual written agreement.
3. Amendments. This MOU may only be amended by writing signed by all Parties.
ACKNOWLEDGED AND AGREED:
City of Pacific Grove City of Monterey City of Carmel by the Sea By: ___________________ By: _________________ By: _________________ Name: Bill Peake Name: Clyde Roberson Name: Dave Potter Title: Mayor Title: Mayor Title: Mayor
City of Pacific Grove City of Monterey City of Carmel by the Sea By: ___________________ By: _________________ By: _________________ Name: Ben Harvey Name: Hans Uslar Name: Chip Rerig
Title: City Manager Title: City Manager Title: City Manager DocuSign Envelope ID: BE616063-22DC-4532-B443-29D8482E6E5D Attachment 2
EXHIBIT A – 3CE Shared Seats Rotational Schedule
1. Policy Board. Each cycle is two years duration and filled by an elected official. Return to Cycle 1 after Cycle 3 completes.
Cycle 1
Policy Board Primary - Monterey
Policy Board Alternate - Pacific Grove
Policy Board At Large – Carmel by the Sea
Cycle 2
Policy Board Primary – Pacific Grove
Policy Board Alternate - Carmel by the Sea
Policy Board At Large – Monterey
Cycle 3
Policy Board Primary - Carmel by the Sea
Policy Board Alternate - Monterey
Policy Board At Large – Pacific Grove
2. Operational Board. Each cycle is two years duration and is filled by city managers or city administrators. Return to Cycle 1 after Cycle 3 completes.
Cycle 1
Operational Board Primary - Monterey
Operational Board Alternate - Carmel by the Sea
Operational Board At Large – Pacific Grove
Cycle 2
Operational Board Primary – Carmel by the Sea
Operational Board Alternate - Pacific Grove
Operational Board At Large – Monterey
Cycle 3
Operational Board Primary - Pacific Grove
Operational Board Alternate - Monterey
Operational Board At Large – Carmel by the sea
3. Starting Point. Policy Board appointment to the 2021-2022 term shall start on Cycle 2 based on previous 2-year appointment. Operational Board appointment to the 2021-2022 term shall start on Cycle 2 based on previous 2-year appointment.
DocuSign Envelope ID: BE616063-22DC-4532-B443-29D8482E6E5D Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-008, Proclaiming the Continuing Need to Meet by Teleconference Pursuant to Government Code Section 54953 (e)
RECOMMENDATION:
Adopt Resolution 2023-008 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 2023-008
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-008
A 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 2023-008
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 10th day of January, 2023, 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
January 10, 2023
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:
Consideration of a request from the Carmel-by-the-Sea Rotary Club to install up to two (2) Rotary International signs at the entrance(s) of the City.
RECOMMENDATION:
Receive a presentation from staff regarding the Carmel-by-the-Sea Rotary Club’s application to install up to two Rotary International signs at the entrance(s) of the City and provide direction to staff.
BACKGROUND/SUMMARY:
The City of Carmel is fortunate to have a number of community-minded organizations and volunteer groups support the City. One such non-profit is the Carmel-by-the-Sea Rotary Club who are proud to be among 1.2 million people around the world committed to working together to make the world a better place. Their Mission Statement is, “We provide service to others, promote integrity, and advance world understanding, goodwill, and peace through our fellowship of business, professional, and community leaders.”
The Carmel-by-the-Sea Rotary Club recently contacted the City and expressed interest to install Rotary Club International signs at two main entrances to the City. The signs would appear as the customary Rotary International symbol, as shown below. Each sign would be approximately 18-inches in diameter and fabricated from 3-dimensional, carved wood mounted on redwood posts. All costs for fabrication, installation, and maintenance would be paid by the Rotary Club.
The concept was reviewed by the Traffic Safety Committee at their November 10, 2022 meeting. The Committee, comprised of the Public Safety, Public Works, and Community Planning and Building Directors, did not consider the merits of whether or not to install these signs, but limited their review to placement of the signs at the entrances to the City and any potential impacts to traffic safety. The Traffic Safety Committee identified two, equally-safe locations, should the City Council authorize installation. The first location would be at the north City limits on the west side of Carpenter Street, facing southbound traffic, just south of a bus stop bench. The second would be at the south City limits on the north side of Rio Road, facing westbound traffic, just west of a bus stop bench. Consideration of the merits and/or possible precedent setting impacts of the signs fall under the purview of City Council.
Carmel Municipal Code, Chapter 17.40, “Signs,” Section 17.40.010, “Purpose,” includes the following requirements (excerpts) for signage. Signs are instrumental in maintaining the City of Carmel-by-the-Sea’s village character. Business signs typically are made of wood and are oriented toward the pedestrian rather than the automobile. These residential and business signs create a unique village environment, which encourages exploration and discovery. This chapter establishes standards and guidelines to preserve and enhance the appearance of the community as a place in which to live and work. These standards and guidelines ensure that signage is used as identification and not as advertisement or a notice-attracting device. Furthermore, these standards prevent the installation of an excessive number of signs, avoid visual clutter, and eliminate hazards to pedestrians and motorists brought about by distracting signs.
While safe locations for the signs were identified by the Traffic Safety Committee, Council should consider whether installation could be a contradiction of the purpose of the sign ordinance, and/or precedent setting, resulting in the possibility of other community-minded organizations to request their own unique signage around town. On the other hand, it should also be considered whether authorizing such signs could be an act of appreciation by the City for the organization’s efforts and contribution to the City. Therefore, it is recommended that the City Council provide direction to staff on this matter before a formal application is brought forward for action.
FISCAL IMPACT:
Staff time associated with producing this report and processing applications is captured in the Fiscal year 2022-23 adopted City Budget. Any future costs to fabricate the sign(s), installation, and ongoing maintenance would be paid by the Carmel-by-the-Sea Rotary Club. Installation would require the normal and customary fee for an Encroachment Permit.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
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 2023-004, awarding a Professional Services Agreement to BKF Engineers for the Concrete Streets Repair Project for a not-to-exceed fee of $214,667
RECOMMENDATION:
Adopt Resolution 2023-004, awarding a Professional Services Agreement to BKF Engineers for the Concrete Streets Repair Project for a not-to-exceed fee of $214,667.
BACKGROUND/SUMMARY:
In May 2022, Council adopted Resolution 2022-039 approving a list of concrete streets to repair in Fiscal Year (FY) 2022/23, partially funded by SB 1: The Road Repair and Accountability Act of 2017. The streets were selected using the City's Street Saver Program.
At the June 7, 2022 meeting, Council adopted Resolution 2022-048, approving 25 new FY 2022/23 Capital Improvement Projects, including the Concrete Street Repairs Project (Project) with a budget of $1,005,000. In July 2022, Council adopted Resolution 2022-058, awarding a Professional Services Agreement to Wallace Group for project management services for delivery of four Capital Improvement Projects, including this Project.
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 civil engineering services for roadway projects. In May 2022, five SOQs were received for civil engineering services, and a selection committee consisting of the Wallace Group Project Manager, Public Works Director, and Public Works Superintendent selected BKF Engineers as best qualified to perform the engineering and design services needed for the Concrete Streets Repair Project.
Firm Rank
BKF 1
Neill Engineers 2
Ifland Engineers 3
Bureau Veritas 4
Schaaf & Wheeler 5
The Project scope is to repair damaged concrete street segments and intersections, and construct adjacent roadway improvements as follows:
1. Resurface Ocean Avenue, from Monte Verde Street to San Antonio Avenue. This segment will also include a new bicycle/pedestrian pathway on the south side of the roadway. When the design reaches 30% complete, the pathway will be presented to the Forest & Beach Commission and City Council for approval.
2. Reconstruct the intersection of Ocean and San Antonio Avenues
3. Reconstruct the intersection of San Carlos Street and Fifth Avenue
4. Reconstruct the intersection of San Carlos Street and Sixth Avenue
5. Resurface intermittent areas of San Carlos Street, between Fifth and Sixth Avenues
6. Install curb bulb-outs and ADA ramps at Junipero Street/Seventh Avenue (new, all-way, stopcontrolled intersection).
Three treatment options will be evaluated for the concrete streets to ensure the most durable treatment at the best value, as follows:
1. Complete removal and replacement of the concrete street
2. Half-depth removal of concrete, crack treatment, and asphalt resurfacing of the top half of the street
3. Crack and surface treatment of the existing concrete, with a tapered asphalt overlay on top The useful life of the repaired road segments will depend on the treatment selected for each street, but will range from 25 to 40 years.
As shown in Attachment #2, a new Professional Services Agreement was prepared and negotiated with BKF Engineers for this Project with a base fee of $183,813. In addition to the treatment evaluation, the scope of work includes:
1. Field surveying for modification of drainage inlets to allow for ADA ramps
2. Core drilling concrete and subsurface geotechnical evaluation
3. Traffic engineering
4. Preparation of construction plans, technical specifications, and cost estimates
5. Public bidding phase support
Supplemental Services were included in the Agreement, with a fee not to exceed $30,854, for optional services which may be required once the design is underway. These services may include environmental clearance, permitting, and traffic counts.
The design of this project is anticipated to be completed by the summer of 2023 with construction beginning as soon as the fall of 2023.
FISCAL IMPACT:
The total budget for the Concrete Streets Repair Project is $1,005,000. This budget includes $441,300 from external funds, including Gas Tax, SB 1, Measure X, and RSTIP via the Transportation Agency of Monterey County. The City's "Maintence of Effort" allocation, required to be eligible to receive external funds, is $563,700.
Of the $1,005,000 budget, $67,350 is allocated for Wallace Group for project management services. The fee for BKF Engineers to design the project of $183,813, plus a Supplemental Services contingency of $30,854, (total $214,667) leaves a remaining balance of $722,983 for construction. All fees for this Project will be charged to the Capital Projects Fund, Account No. 301-311-00-43008.
Currently, costs of roadway construction are highly erratic due to the Pandemic, labor shortages, supply chain delays, and inflation. Therefore, it is unknown at this time which, and to what extent, the above list of streets can be repaired within the remaining budget. However, bundling much-needed concrete repairs will stretch the available funding in a cost-effective manner. Additional funding for construction is anticipated to be requested as part of the FY 2023/24 Capital Improvement Program.
PRIOR CITY COUNCIL ACTION:
In May 2022, Council adopted Resolution 2022-039 approving a list of concrete street projects for FY 2022/23, partially funded by SB 1.
In June 2022, Council adopted Resolution 2022-048 approving 25 new FY 2022/23 Capital Improvement Projects, including the Concrete Streets Repair Project, with a budget of $1,005,000.
In July 2022, Council adopted Resolution 2022-058 awarding a Professional Services Agreement with Wallace Group for project management services for delivery of four Capital Improvement Projects, including this Project.
ATTACHMENTS:
Attachment 1) Resolution 2023-004
Attachment 2) Professional Services Agreement with BKF Engineers
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AWARDING A
PROFESSIONAL SERVICES AGREEMENT TO BKF ENGINEERS FOR THE CONCRETE STREETS REPAIR PROJECT FOR A NOT-TO-EXCEED FEE OF $214,667
WHEREAS, in May 2022, the City Council adopted Resolution 2022-039, approving a list of concrete streets to repair in Fiscal Year (FY) 2022/23, as selected using the City’s Street Saver Program; and
WHEREAS, in June 2022, Council adopted Resolution 2022-048, approving 25 new FY 2022/23 Capital Improvement Projects, including the Concrete Streets Repair Project (Project), in the amount of $1,005,000, budgeted from $441,300 in external funding from Gas Tax, SB 1, Measure X, and RSTIP via the Transportation Agency of Monterey County, plus $563,700 from City funds as the required “Maintenance of Effort” match; and
WHEREAS, street segments included in the Project include: Ocean Avenue, from Monte Verde Street to San Antonio Avenue, including a bicycle/pedestrian pathway, reconstruction of the intersections of Ocean/San Antonio Avenues, San Carlos Street/Fifth Avenue, and San Carlos Street/Sixth Avenue, intermittent portions of San Carlos Street, between Fifth and Sixth Avenues, and bulb-outs and ADA-ramps at Junipero Street/Seventh Avenue; and WHEREAS, in May 2022, five Statements of Qualifications were received for civil engineering services for roadway projects, and an evaluation committee selected BKF Engineers as best qualified to provide engineering and design services required for this Project; and WHEREAS, a Professional Services Agreement was developed with BKF Engineers to provide the required services for the Project for a fee, including a budget for potential supplemental services, not-to-exceed $214,667, and sufficient funding is available in the Capital Projects Fund.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Authorize the City Administrator to execute a Professional Services Agreement with BKF Engineers for engineering and design services for the Concrete Streets Repair Project for a not-toexceed fee of $214,667.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 10th day of January, 2023, 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
January 10, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-005 confirming Councilmember appointments to outside agencies RECOMMENDATION:
Adopt Resolution 2023-005 confirming Councilmember appointments to the Association of Monterey Bay Area Governments (AMBAG), Central Coast Community Energy (3CE), Monterey County Convention and Visitors Bureau (MCCVB), Monterey Peninsula Water Management District Policy Advisory Committee (MPWMD PAC), Monterey Regional Taxi Authority (MRTA), Monterey Regional Waste Management District (MRWMD), Monterey Salinas Transit (MST), Transportation Agency of Monterey County (TAMC), and Coastwalk - California Coast Trail Association.
BACKGROUND/SUMMARY:
In addition to their duties on the City Council, Council Members serve on as the City’s representatives to outside agencies.
Following a General Municipal Election it is appropriate to appoint or reappoint Council Members to the following outside agency Boards and Commissions:
Association of Monterey Bay Area Governments (AMBAG)
Central Coast Community Energy (3CE)
Monterey County Convention and Visitors Bureau (MCCVB)
Monterey Peninsula Water Management District (MPWMD)
Monterey Regional Taxi Authority (MRTA)
Monterey Regional Waste Management District Policy Advisory Committee (MRWMD PAC) Monterey Salinas Transit (MST)
Transportation Agency of Monterey County (TAMC)
Coastwalk - California Coast Trail Association
FISCAL IMPACT:
None for this action.
PRIOR CITY COUNCIL ACTION:
The City Council routinely appoints members to outside agencies and made appointments to some or all of these agencies in 2018 and 2019.
ATTACHMENTS:
Attachment 1) Resolution 2023-005
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
CONFIRMING COUNCIL MEMBER APPOINTMENTS TO THE ASSOCIATION OF MONTEREY
BAY AREA GOVERNMENTS (AMBAG), CENTRAL COAST COMMUNITY ENERGY (CCCE),
MONTEREY COUNTY CONVENTION AND VISITORS BUREAU (MCCVB), MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT POLICY ADVISORY COMMITTEE (MPWMD
PAC), MONTEREY REGIONAL TAXI AUTHORITY (MRTA), MONTEREY REGIONAL WASTE
MANAGEMENT DISTRICT (MRWMD), MONTEREY SALINAS TRANSIT (MST), THE TRANSPORTATION AGENCY OF MONTEREY COUNTY (TAMC), AND COASTWALK –
CALIFORNIA COAST TRAIL ASSOCIATION
WHEREAS, in addition to their duties on the City Council, Council Members serve as the City’s representatives to outside agencies; and
WHEREAS, following a General Municipal Election it is appropriate to appoint or reappoint Council Members to these outside agency Boards and Committees.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Appoint the following individuals as City representatives to the following outside agencies:
Council Member Karen Ferlito – Appointee for Association of Monterey Bay Area Governments (AMBAG); and
Council Member Bobby Richards – Alternate Appointee for Association of Monterey Bay Area Governments (AMBAG); and
Council Member Jeff Baron – Appointee for Central Coast Community Energy (CCCE) Policy Board; and
Council Member Karen Ferlito – Alternate Appointee for Central Coast Community Energy (CCCE) Policy Board; and
Council Member Bobby Richards – Appointee for Monterey County Convention and Visitors Bureau (MCCVB); and
Mayor Dave Potter – Alternate Appointee for Monterey County Convention and Visitors Bureau (MCCVB); and
Mayor Dave Potter – Monterey Peninsula Water Management District’s Policy Advisory Committee (MPWMD PAC); and
Council Member Jeff Baron – Appointee for Monterey Regional Taxi Authority (MRTA); and Council Member Alissandra Dramov – Alternate Appointee for Monterey Regional Taxi Authority (MRTA); and
Attachment 1
Resolution No. 2023-005
Council Member Karen Ferlito – Appointee for Monterey Regional Waste Management District (MRWMD); and
Council Member Alissandra Dramov – Alternate Appointee for Monterey Regional Waste Management District (MRWMD); and
Council Member Jeff Baron – Appointee for Monterey Salinas Transit (MST); and Council Member Bobby Richards – Alternate Appointee for Monterey Salinas Transit (MST); and
Mayor Dave Potter – Appointee for Transportation Agency of Monterey County (TAMC); and Council Member Jeff Baron – Alternate Appointee for Transportation Agency of Monterey County (TAMC); and
Council Member Alissandra Dramov – Appointee for Coastwalk - California Coast Trail Association; and
Council Member Jeff Baron – Alternate Appointee for Coastwalk - California Coast Trail Association
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 10th day of January, 2023, 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
January 10, 2023
ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Ashlee Wright, Director, Libraries & Community Activities APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Receive an after action on Third Thursday and an update on the Farmers' Market and consideration of a Resolution 2023-007 authorizing the consumption of alcohol at the Farmers' Market Third Thursday events in 2023
RECOMMENDATION:
1. Receive an after action on Third Thursday and an update on the Farmers' Market.
2. Adopt Resolution 2023-007 authorizing the consumption of alcohol at the Farmers' Market Third Thursday events in 2023.
BACKGROUND/SUMMARY:
The Farmers’ Market is held every Thursday (holidays and Car Week notwithstanding) from 10:00 a.m. to 2:00 p.m. on Mission Street between Ocean and Sixth Avenues, and Sixth Avenue between Mission and Junipero Streets. Occasionally, the market is canceled due to inclement weather, in particular high winds that threaten the safety of the tents. Good Roots Events, Inc. has been managing the market starting since early 2020 and has done an admirable job making improvements to the Farmers’ Market operation, ensuring that the Village now has a vibrant market at which the community can gather each week.
The Community Activities Commission (CAC) receives an update on the Farmers' Market at each regular meeting and provides staff with feedback.
Third Thursday After Action
As part of these ongoing discussions with the CAC and the market manager, an old idea has been recirculating that dates back to the inception of the Farmer’s Market, over eight (8) years ago, as part of the Carmel Artisan Food Experience. This idea proposed once monthly evening events that showcased Village chefs, local produce, arts and music. Staff have been working with the market manger to begin a beta program dubbed “Third Thursdays” that would feature just that as originally envisioned.
The first “Third Thursday” was held July 21, 2022 in Devendorf Park from 5:00 to 8:00 p.m. As envisioned, the event featured market vendors, food, music, and art demonstrations. This event did not feature alcohol, although that had originally been planned for, however, there were delicious 'mocktails.' In addition, there were activities for children and families and it was well attended by a younger crowd of families looking to unwind after work and socialize while their children enjoyed the activities and playing in the park. There was no Third Thursday during the month of August because of Car Week.
At the beginning of September staff provided an after action to the City Council who granted authorization for additional Third Thursday events in September and October and also gave permission for the serving of alcohol at these events.
At the September 15 Third Thursday event alcohol was provided by the Carmel Youth Center as a fundraiser for that organization. Good Roots, Inc. staff made note that the alcohol enclosure was too large as compared with the demand. In addition they made note that the music was a bit too demure as compared with the vibe of the event. Overall the event went well and the event was again well attended by a younger crowd.
The October 20 Third Thursday was Harvest/Halloween themed. Alcohol was again provided by the Carmel Youth Center as a fundraiser for the event and the size of the alcohol enclosure was reduced based on the previous months experience. Staff will note that it was observed there was unauthorized drinking in the Park by attendees who had brought their own alcohol and staff will be working on how to mitigate this for the future.
Conclusion
Third Thursday at its earliest inception was meant to be an "everyone" event, as with all City events. These events however, resonated and were largely attended by younger adults and families. This in turn drove the changes that were made in between events to ensure children's activities were a continued component, musical acts were appropriate for the crowds, and that food and drink were changed up to meet the crowds' needs.
Based upon this, staff is recommending that Third Thursday be an added permanent component for the Farmers' Market and that Third Thursday run April through October of every year with the exception of August during Car Week or any other significant event conflicts and that the continued serving of alcohol be approved for these events.
FISCAL IMPACT:
The Community Activities Department budgeted $23,660 for the support of the Farmers' Market, including initiatives like Third Thursday.
PRIOR CITY COUNCIL ACTION:
At the August 2022 regular meeting Council adopted Resolution 2022-072 authorizing the serving of alcohol at the September and October Third Thursday events.
ATTACHMENTS:
Attachment 1) Resolution 2023-007
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CONSUMPTION OF ALCOHOL AT THE FARMERS’ MARKET THIRD THURSDAY EVENTS TO BE HELD APRIL THROUGH OCTOBER 2023
WHEREAS, the City entered into a contract in 2020 with Good Roots Events, Inc. due to their understanding of the Carmel-by-the-Sea community, their vision for the Market, and their overall experience managing Farmers’ Markets and special events; and WHEREAS, when the Farmers’ Market was created in Carmel-by-the-Sea in 2014 a monthly evening component of the Market was an important component; and WHEREAS, the Third Thursday pilot program extends the Farmers’ Market once monthly through October and will feature, artists, musicians, food, and potentially alcoholic beverages; and WHEREAS, Chapter 9.20 of the Carmel-by-the-Sea Municipal Code states that it is unlawful for any person to drink any alcoholic beverage in or upon any public place, but that the City Council has the right, through adoption of a resolution, to make exceptions to the regulation for specific events of limited duration.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Authorize the consumption of alcohol at the Third Thursday events to be held April through October 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 10th day of January, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_______________________ ___________________________
Dave Potter, Mayor Nova Romero, MMC
City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
January 10, 2023
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
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) - Continued from December 6, 2022
RECOMMENDATION:
1. Request the City Attorney to read the title of Ordinance 2022-007.
2. Waive further reading and introduce draft ordinance 2022-007 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).
BACKGROUND/SUMMARY:
EXECUTIVE SUMMARY
The Carmel-by-the-Sea Municipal Code prohibits timeshares. The proposed ordinance confirms the existing prohibition of time shares, and adds new prohibitions with respect to advertisement and sale of timeshares and fractional interest ownerships. The City’s Planning Commission has recommended adoption of these amendments, with an additional recommendation for Council to have a policy level discussion in the future about whether or not timeshares should continue to be prohibited in the Village.
BACKGROUND
Existing provisions of the Carmel-by-the-Sea Municipal Code prohibit timeshare uses. Specifically, timeshares are prohibited in all zoning districts of the City, and are defined in Section 17.28.010 to include any land use that is a “timeshare project”, “time share program,” or “time share occupancy.” These are defined in Section 17.70.020 as follows:
Time-Share Occupancy. An occupancy related to the situation wherein a purchaser receives the right or entitlement in perpetuity, for life, or for a term of years or other extended term, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), hotel or portion thereof, or segment of real property, annually or on some other seasonal or periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the time-share project which is involved has been divided. The right or entitlement to occupancy may attach in advance to a specific lot, parcel, unit, room(s) or portion of a hotel, or segment of real property, or may involve designation or selection of the same at a future time or times.
Time-Share Program. Any arrangement for a project whereby the use, occupancy, or possession of real property has been made subject to a time-share estate, use, or occupancy, whereby such use, occupancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, but not necessarily for consecutive years.
Time-Share Project. A project in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted for the use or occupancy periods into which the project has been divided.
As a result of recent enforcement efforts related to timeshares, City staff have reviewed the existing city code provisions and recommend that they be revised to confirm the existing prohibition, and additionally, that new prohibitions be added with respect to advertisement and sale of timeshares and fractional interest ownerships, which are treated identically under the existing City code.
On October 12th, 2022, the Planning Commission was presented these draft amendments, and received testimony from the public. Following discussion, the Commission approved a resolution recommending that the City Council adopt the ordinance as drafted by staff. The Commission also crafted an additional recital recommending that Council have a policy discussion in the near future to explore whether or not timeshares should still be prohibited in the City of Carmel-by-the-Sea. This additional recommendation arose from deliberations during the hearing, in which the Commissioners discussed the number of vacant homes in the Village and whether a form of timeshare use could present a solution to filling them. The Commission’s additional recommendation is for Council to hold a separate hearing in the near future to have a policy level discussion and decide whether or not to refer an item back to the Planning Commission to remove or modify the prohibition on timeshares in Carmel-by-the-Sea.
STAFF ANALYSIS
The changes proposed by the ordinance include:
Section 17.70.020 is modified to simplify the City’s existing definitions with respect to timeshares.
The City’s existing definitions include definitions of time-share estate, time-share use, time-share occupancy, and time-share property, which are based on similar definitions in state law (the Vacation Ownership and Time-Share Act of 2004, as set forth in Business and Professions Code section 11210 et seq.). However, the existing definitions with respect to timeshares in 17.70.020 are multiple and reference each other, and introduce unnecessary complexity into the City’s zoning regulations. While not a substantive change in the scope of the City’s regulations, the proposed ordinance would simplify definitions to prohibit the use of real property under a “time-share plan.” The definition of “time-share plan” would mean “any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right to use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.”
The code would specify that a time share plan exists “whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property subject to the time-share plan.”
The code would be revised to make clear that a prohibited timeshare is created whenever any right is established for exclusive use of the property that is periodic on a recurring basis, regardless of the form. The definition of “timeshare plan” would now specifically mention that fractional ownership is one way a timeshare can be created, which is also not a substantive change. “Time-share use” and “fractional interest use” are defined to mean exactly same thing, so that it is clear to all potential violators that there is no difference between a fractional interest use and a timeshare use.
17.14.040, prohibiting timeshares in commercial zones, is modified to use the updated definitions.
17.28.010.A, prohibiting timeshares in all city zoning districts, is updated to use the updated definitions. Additional subsections are added to this section to make advertisement of timeshares subject to criminal penalties as well as the City’s administrative civil penalty process. The code also specifies that each day a violation occurs is a separate offense, for purposes of deterring violations by increasing the visibility of potential consequences.
While the existing municipal code prohibits fractionalized interest ownership, as a timeshare is created based on the allocation of exclusive rights of use to real property, the proposed code amendments would clarify the prohibition and strengthen enforcement efforts.
Additionally, the proposed ordinance would expressly prohibit the advertisement and sale of timeshares and fractional interest uses; this would allow for proactive enforcement by the City against those involved in the creation, advertisement, and sale of such prohibited land uses, rather than just the purchaser or owner of a timeshare or fractional interest use.
FISCAL IMPACT:
The staff time associated with processing this ordinance amendment is captured in the FY2022/2023 Community Planning and Building Budget.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
Attachment 1) PC Resolution 2022-036-PC Recommending Approval Attachment 2) Draft Ordinance No. 2022-007
CITYOF CARMEL-BY-THE-SEA
PLANNING COMMISSION
RESOLUTION NO. 2022-036-PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARMEL-BY-THE-SEA
RECOMMENDING CITY COUNCIL ADOPT ORDINANCE AMENDING MUNICIPAL CODE 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
WHEREAS, existing provisions of the Carmel-by-the-Sea Municipal Code prohibit timeshare uses. Specifically, timeshares are prohibited in all zoning districts of the City, and regulated by Sections 17.28.010, 17.70.020 and 17.14.040; and WHEREAS, as a result of enforcement efforts, City staff have reviewed the existing city code provisions and recommend that they be revised to confirm the existing prohibition, and additionally, that new prohibitions be added with respect to advertisement and sale of timeshares and fractional interest ownerships, which are treated identically under the existing City code; and
WHEREAS, notice of a public hearing of the Planning Commission was published on September 30th, 2022 in compliance with State law (California Government Code 65091); and WHEREAS, on October 12, 2022, the Planning Commission held a public hearing to consider draft Ordinance 2022-007 amending regulations pertaining to timeshares and receive public testimony, including without limitation, information provided to the Planning Commission by City staff and through public testimony; and
WHEREAS, the Planning Commission found that the draft Ordinance 2022-007 was consistent with the City’s General Plan, Local Coastal Plan, and all other relevant City and State codes and regulations.
WHEREAS, the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA"), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the "CEQA Guidelines") and City Environmental Regulations (CMC 17.60) require the review of certain projects for environmental impacts and preparation of environmental documents; and
WHEREAS, the Planning Commission finds that pursuant to CEQA regulations, the project will have no impact on the environment and is not considered a project requiring compliance with the California Environmental Quality Act (Section 21065 of the California Public Resources Code); and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.
Attachment 1
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING COMMISSION OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY recommend the City Council amend municipal code 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 and adopt the Update in a manner fully in conformity with the Coastal Act (CA Section 30510).
BE IT FURTHER RESOLVED, THAT THE PLANNING COMMISSION OF THE CITY OF CARMELBY-THE-SEA DOES ALSO recommend the City Council hold a separate hearing in the near future to have a policy level discussion and decide whether or not to refer an item back to the Planning Commission to remove or modify the prohibition on timeshares in Carmel-by-the-Sea.
PASSED, APPROVED, AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of October, 2022, by the following vote:
AYES: Delves, Allen, Bolton, LePage, Locke
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
Michael LePage, Chair Leah Young, Planning Commission Secretary Attachment 1
OAK #4875-3304-4012 v2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2022-007
AN ORDINANCE AMENDING THE CARMEL-BY-THE-SEA MUNICIPAL CODE TO
PROHIBIT TIMESHARE AND FRACTIONAL INTEREST USES, AS WELL AS
ADVERTISING AND SALE THEREOF IN A MANNER FULLY IN CONFORMITY WITH THE COASTAL ACT (CA SECTION 30510)
WHEREAS, timeshares involve the division of the exclusive rights to use, possess, and occupy any real property between multiple persons, pursuant to a fixed or floating time schedule; and
WHEREAS, since at least 1988, the City of Carmel-by-the-Sea has prohibited the establishment of timeshares within the City; and
WHEREAS, the Housing Element of the City’s General Plan specifically recognizes that the City seeks to protect the stability of residential neighborhoods by promoting year-round occupancy, and to avoid depletion of residents and associated impacts on the community, City services, Goal G3-4 of the City’s Housing Element specifically requires the enforcement of the prohibitions on short-term, transient rentals and timeshares in residential dwellings; and WHEREAS, recent increases in the development and sale of fractional interest ownerships have made it appropriate for the City to revisit its municipal code to clarify that fractional interest ownerships are prohibited timeshares and to also expressly prohibit the advertising and sale of prohibited timeshares and fractional interest uses.
WHEREAS, notice of the public hearing was published on November 25, 2022 in compliance with State law (California Government Code 65091), indicating the date and time of the public hearing; and
WHEREAS, on December 6, 2022, the City Council held a public hearing to receive public testimony regarding the draft ordinance, including without limitation, information provided by City staff and public testimony; and
WHEREAS, this decision is made based upon evidence presented to the City Council at its December 6, 2022 hearing including, without limitation, the staff report submitted by the Community Planning and Building Department and public testimony; and WHEREAS, the City Council did hear and consider all said reports, recommendations, attachments and testimony herein above set forth and used their independent judgement to evaluate the ordinance; and
WHEREAS, the proposed amendments are in full conformity with the City’s Local Coastal Plan and the California Coastal Act (CA Section 30510) Attachment 2
OAK #4875-3304-4012 v2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections. 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3) because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15308 because the proposed ordinance involves regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
SECTION 2. Amendment to the CMC.
1. Subsection A of Section 17.14.040 is amended and restated as follows:
17.14.040 Additional Use Regulations.
A. All Uses.
1. No new structure or modification to an existing structure shall be permitted nor shall any business license be issued that would allow the creation of publicly accessible retail space occupying fewer than 200 square feet or more than 5,000 square feet unless approved through a use permit and pursuant to the adoption of findings per CMC
17.64.200, Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.
2. No timeshare uses or fractional interest uses shall be established or permitted in any zone.
3. Except in restaurants, not more than five persons in any one individually licensed business shall be engaged in the production, repair or manufacturing of goods.
4. No use shall be permitted and no process, equipment, or materials shall be employed which is found by the Planning Director or by the Planning Commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, noise, vibration, illumination, glare, unsightliness, dust, cinders, dirt, refuse, watercarried wastes or heavy truck traffic, or involve any hazard of fire or explosion.
2. Section 17.28.010 is amended and restated as follows:
17.28.010 Timeshare and Fractional Interest Uses.
A. Timeshare uses and fractional interest uses are prohibited uses within all of the zoning districts within the City.
B. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of this section is guilty of a misdemeanor for each day in which such accommodation is used, allowed Attachment 2
OAK #4875-3304-4012 v2
to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.16 (General Penalty).
C. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of this section is subject to administrative fines and/or penalties as set forth in Chapter 18.04 (Municipal Code and Ordinance Enforcement).
D. Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.
3. “Time-Share Definitions” of Section 17.70.020 is amended to repeal the definitions of “Time-Share Estate,” “Time-Share Occupancy,” “Time-Share Program,” “Time-Share Project,” and “Vacation-Time Sharing Project,” and restated to enact the definitions of “Time-Share Plan,” “Time-Share Use” and “Fractional Interest Use” to read as follows:
17.70.020 Definitions.
The words, terms, and phrases defined in this chapter shall, for all purposes connected with this title, be construed as having the meanings respectively set forth in this chapter. ...
Time-Share Definitions.
“Time-Share Plan” means any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare plan shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property subject to the time-share plan. “Time-Share Use” and “Fractional Interest Use” means the use of real property or any part thereof, pursuant to a timeshare plan.
SECTION 3. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such a decision shall 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 section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional.
Attachment 2
OAK #4875-3304-4012 v2
SECTION 4. Publication. The City Clerk shall publish or post this ordinance in the manner required by law.
SECTION 5. Effective Date. This ordinance shall be effective 30 days after its adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this XX day of XX 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVE: ATTEST:
________________________ ___________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2