Agenda packet — Carmel-by-the-Sea City Council, April 4, 2023 (part 1 of 2)

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Mayor Dave Potter, Councilmembers 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, April 4, 2023

THIS MEETING WILL BE HELD IN PERSON IN THE COUNCIL CHAMBERS AND VIA TELECONFERENCE. 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 Avenues. To participate via teleconference click the following link to attend via Zoom (or copy and paste link in your browser):
https://ci-carmel-ca-us.zoom.us/j/89151237783 Meeting ID: 891 5123 7783 Passcode:
090102 Dial in: (253) 215-8782
The COVID-19 Community Level for Monterey County as of the date of this agenda posting on 3/29/2023 is LOW. Per Urgency Ordinance 2022-006, wearing a face mask to attend a meeting of a legislative body inside a City facility is optional when the community level is low. Seating will be limited and available on a first come first served basis.

The public can also email comments to [email protected]. Comments must be received 2 hours before the meeting in order to be provided to the legislative body.

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

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Central Coast Community Energy Annual Update
B. Presentation on PARS (Public Agency Retirement Services) 115 Trust

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. Councilmember 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. February 6, 2023, Special Meeting Minutes, March 6, 2023, Special Meeting Minutes, and March 7, 2023, Regular Meeting Minutes

2. February 2023 Monthly Reports

3. February 2023 Check Register Summary

4. Resolution 2023-031 authorizing the City Administrator to execute a 24-month service agreement with Flock Group Inc. for the lease of twenty-four (24) Falcon automated license plate reader (ALPR) cameras and six (6) Wing (ALPR) software overlays onto existing city cameras, for a year 1 cost of $77,900 and authorize the city manager to enter into a two-year renewal agreement to maintain the program, not to exceed $69,000 annually

5. Resolution 2023-032, Declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event

6. Resolution 2023-033 approving a list of street projects for Fiscal Year 2023/24 partially funded by SB1: The Road Repair and Accountability Act of 2017

7. Resolution 2023-034, authorizing the City Administrator to execute a Construction Contract with Rehak General Engineering, in the amount of $128,600, including a 15% contingency, for the City Hall Wall Repair Project, and approving a Capital Project Budget Adjustment of $113,600 to complete the Project

8. Resolution 2023-035 authorizing the City Administrator to Execute Amendment No. 3 to a Professional Services Agreement with Joseph Systems Inc. for a new not-toexceed amount of $41,840.70 and extending the term through June 30, 2023

9. Resolution 2023-036, authorizing the serving of alcohol on public property, and/or the erection of tents on public property for 1. Monterey County Vintners Winemakers' Celebration, and 2. Carmel Art Festival

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

10. Mills Act Policy Discussion

11. Policy Discussion on Potential Reinstatement of the Design Review Board

12. Consider the total funding amount to authorize for the current Council Discretionary Grant Program cycle and provide direction to staff for the FY 2023-2024 budget

13. Consider Adoption of Urgency Ordinance 2023-002 to Repeal and Replace Urgency Ordinance 2022-006, adopting amended rules of conduct for attending meetings of legislative bodies at City facilities

PUBLIC HEARINGS

14. Scout House Request for Proposals, and Resolution of Intent to Lease Real Property and Surplus Lands Act Resolution, and CEQA findings

15. Resolution 2023-041 Establishing the Electronic Form of Payment (Online) and Amending the Credit Card Fee in the Adopted Administrative Fee Schedule

16. 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 - Continued from December 6, 2022

FUTURE AGENDA ITEMS

ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between Ocean Avenue and 7th Avenue, 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 THE AGENDA 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
April 4, 2023

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Central Coast Community Energy Annual Update
RECOMMENDATION:

Receive an annual update presentation from a representative from Central Coast Community Energy (CCCE).

BACKGROUND/SUMMARY:

Receive an annual update presentation from a representative from Central Coast Community Energy (CCCE).

FISCAL IMPACT:

None for this item.

PRIOR CITY COUNCIL ACTION:

Council received an annual update last year from Central Coast Community Energy.

ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Presentation on PARS (Public Agency Retirement Services) 115 Trust RECOMMENDATION:

Receive a presentation on the City's PARS (Public Agency Retirement Services) 115 Trust.

BACKGROUND/SUMMARY:

Receive a presentation on the City's PARS (Public Agency Retirement Services) 115 Trust.

FISCAL IMPACT:

None for this item.

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: February 6, 2023, Special Meeting Minutes, March 6, 2023, Special Meeting Minutes, and March 7, 2023, Regular 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) February 6, 2023, Minutes
Attachment 2) March 6, 2023, Minutes
Attachment 3) March 7, 2023, Minutes

CITY COUNCIL

SPECIAL MEETING MINUTES
FEBRUARY 6, 2023
OPEN SESSION 4:30 PM

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

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Richards, and Mayor Dave Potter were present.

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

Public comment: None

ADJOURNMENT
Council adjourned to closed session at 4:31 p.m.

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

CITY COUNCIL

SPECIAL MEETING MINUTES
MARCH 6, 2023

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

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Richards, and Mayor Dave Potter were present.

PUBLIC APPEARANCES
Michael McWalters addressed the Council regarding the cost of drafting the Wireless Ordinance.

CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: Scout House located at northeast corner of Mission Street and Eight Avenue in the City of Carmel by-the-Sea Agency negotiators: City Administrator, Director of Public Works and City Attorney Negotiating parties: Interested Parties Under negotiation: Amount of rent and terms of payment of rent City Attorney Pierik read the closed session title.

Public comment: none.

ADJOURNMENT
Council adjourned to closed session at 4:35 p.m.

SIGNED: ATTEST:
______________________________ ________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2

CITY COUNCIL

REGULAR MEETING MINUTES
MARCH 7, 2023
OPEN SESSION 4:30 PM

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

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Richards, and Mayor Dave Potter were present.

PLEDGE OF ALLEGIANCE
City Administrator Rerig led the pledge of allegiance.

PUBLIC APPEARANCES
Dan Ripke read the proclamation issued by the Mayor declaring March 2023 as American Red Cross Month. Jorge Gonzalez, Carmel's Postmaster, spoke about post office hours being extended, ADA ramp being worked on, adding package lockers, and more use of the lockers for package deliveries.

ANNOUNCEMENTS
City Administrator - Announced that staff is preparing for another rain and wind storm coming into town this week and weekend, and Farmer’s Market is canceled this week.

City Attorney - No reports from Closed Session on 3/6.

City Council - No announcements

CONSENT AGENDA
Councilmember Dramov pulled Item 7 from Consent.

Motion by Mayor Pro Tem Richards to approve consent items #1-6, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - January 31, 2023, Special Meeting Minutes, February 7, 2023, Regular Meeting Minutes, and February 21, 2023, Special Meeting Minutes
Item 2 - January 2023 Monthly Reports
Item 3 - January 2023 Check Register Summary
Attachment 3
Item 4 - Resolution 2023-027, Declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event
Item 5 - Resolution 2023-028, authorizing the City Administrator to execute On-Call Tree Maintenance Service Contracts with Community Tree Service, Tope's Tree Service, and West Coast Arborists, with initial terms of three years, expiring June 30, 2026, and fees for the remainder of Fiscal Year 2022/23 of $30,000, $60,000, and $60,000 respectively Item 6 - Adopt Resolution 2023-029 adopting the City of Carmel-by-the-Sea Temporary/Hourly (at-will/unrepresented) classification salary plan in accordance with Municipal Code 2.52.520 as of March 1, 2023

ITEMS PULLED FROM CONSENT
Item 7 - Resolution 2023-030 Opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act
Councilmember Dramov pulled Item 7 from Consent to make a comment that supports the Initiative, so she does not support approval of a Resolution to oppose the initiative.

Motion by Councilmember Ferlito to approve Resolution 2023-030, seconded by Councilmember Baron, and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None

ORDERS OF BUSINESS
Item 8 - Receive a presentation on Car Week 2023 planning Library and Community Activities Director Ashlee Wright gave a brief presentation to Council and answered questions. Council discussed the option of having smaller events throughout car week, since the larger Concourse on the Avenue annual event is not happening this year. Council voiced concerns about keeping pedestrians safe, the noise, and car racing.

Public Comment:

Carrie Anne commented in favor of the smaller car week events but brought up concerns about keeping the city safe during the event. Richard Kreitman commented about crowd control and visitation numbers.

Council received the presentation, no action was taken.

Item 9 - Receive a presentation and provide direction to staff regarding the proposed paving, bike route, and median island projects along San Carlos Street, between Eighth and Thirteenth Avenues
Attachment 3
Public Works Director Bob Harary gave a presentation to Council on the item and answered questions. Council discussed the topics of median islands, sharrows and bike route signs, and trees planted on San Carlos Street.

Public comment:

Katherine McFarlane, Norm McFarlane, Yung Sun, Don Huber, Cindy Lloyd representing the Carmel Residents Association, and Stacey Steele spoke in opposition to a bike route on San Carlos.

Chris Mack, Steven Wilson, Carlyana Gillian, Francisco Belaunzaran, and Karen Gelf spoke in favor of bike lanes and/or median islands on San Carlos.

Council discussion resumed, and consensus direction to staff to not to put in the median islands on San Carlos Street.

Motion by Mayor Pro Tem Richards to not put in median islands on San Carlos Street, seconded by Councilmember Dramov, and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Richards, and Mayor Potter NOES: Councilmember Ferlito
ABSENT: None
ABSTAIN: None
Council discussion resumed, and consensus direction to staff approving the painted sharrows on the road and no green signs.

Motion by Councilmember Baron to paint the sharrows for a bike route and no green signs on San Carlos Street, seconded by Ferlito, and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
Council discussion resumed, and consensus direction to staff to plant replacement trees on both sides of San Carlos Street.

Motion by Mayor Potter to plant replacement on both sides of San Carlos Street, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Council took a 10 min recess at 6:30 p.m. Council reconvened at 6:40 p.m.

Attachment 3
Item 10 - Second Reading and Adoption of Ordinance No. 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)
City Attorney Brian Pierik gave a brief summary of the discussion with the Monterey County Assessor’s office regarding the property tax implications of fractional ownership properties. He summarized that the threshold for a property tax assessment occurs when there is a 50% ownership change, and the responsibility for reporting falls on LLC.

Public Comment: Mike Coughlin spoke in opposition to the Ordinance.

City Attorney Pierik read the title of the Ordinance.

Motion by Councilmember Baron to read by title only, waive full reading, and adopt Ordinance 2023-007, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 11 - Early policy discussion of Draft Ordinance Amending Municipal Code Section 17.20.200 E (Recreational Beach Fires on Carmel Beach)
Community Planning and Building Director Brandon Swanson gave a brief presentation of the item. Council directed staff to include air quality and health concerns in the Ordinance.

Public comment: None
Item 12 - Receive a report on the outcome of the January 31, 2023, City Council strategic workshop, and provide direction to staff regarding the projects remaining as “top priorities” and those to be elevated to a “top priority” as discussed at the workshop.

Community Planning and Building Director Brandon Swanson gave a brief overview of the direction for the Council priorities. Councilmember Dramov asked that a discussion be brought back to consider funding the 3 police officer positions that were removed last year during POA negotiations. City Administrator Rerig said that discussion on adding the police officer positions back can be brought up during the budget cycle meetings.

KEEP as top priority project (11 total)
- Explore Parking and Traffic Management program (35% Complete) - Plan for natural areas, reduce fire risk (55% Complete) - Review opportunities for enhanced fire/ambulance service (50% Complete) - Develop forest management plan and update tree ordinance (35% Complete) - Update zoning code & design guidelines (65% Complete) Attachment 3
- ADU ordinance (65% Complete)
- Wireless ordinance (75% Complete)
- Stormwater ordinance update (85% Complete)
- Review barriers to affordable housing (45% Complete)
- Explore street addresses (30% Complete)
ELEVATE to top priority project (7 total)
- Update purchasing Ordinance (10% Complete)
- Increase beautification efforts (35% Complete)
- Develop a facilities master plan (45% Complete)
- Split into two projects (both elevated)

1. Develop a facilities Master Plan

2. Police/Public Works Building Renovation
- Underground utility Rule 20A (10% complete)
- Explore reinstatement of the design review board (65% complete) - combined with “update zoning code and design guidelines” - Opportunities for Flanders mansion (0% complete)
NOT a top priority project (7 total)
- Volunteer group facilitation (70% complete)
- Review/reformulate approach to reserves/update financial policies (15% complete) - Explore dining in the public right-of-way (25% complete) - Explore redevelopment of Sunset Center North lot (0% complete) - Develop and implement a social media plan (10% complete) MOVE to another list (3 total)
- Filling vacancies
- Moved to the “completed” list
- Pandemic Recovery
- Moved to the “completed” list
- Climate Action and Adaptation Plans
- Moved to “Active” list until Sea Level Rise Analysis is complete Public comment: none.

Council agreed with the staff summary of the priorities list as presented, and gave direction to staff to move forward as discussed.

Item 13 - Resolution 2023-026 Rescinding Resolution 2020-021 and Terminating the Proclamation of a Local Emergency within the City due to COVID-19 City Attorney Pierik gave a brief summary of the item. He explained that the termination of the State emergency by the Governor on February 28, 2023, ended the ability of legislative bodies to teleconference under AB 361. He summarized that as of now, either the traditional Brown Act teleconference rules or AB 2449 teleconference rules must be used for meetings moving forward.

Attachment 3
Community Planning and Building Director Brandon Swanson said that once Council adopts Resolution 2023-026, the approval granted under the proclamation by the City Administrator that allowed outdoor dining and outdoor wine tasting to operate outside of City regulations during COVID without requiring a permit will also go away. He added that as a result, a number of restaurants and wine tasting establishments in town will be immediately in non-compliance with either the Muni code or their use permit. He asked for Council direction on when to begin enforcing compliance with outdoor dining and outdoor wine tasting regulations after tonight. He asked whether Council would consider giving businesses a grace period to allow time for them to revert back to pre-COVID regulations or apply for a new use permit.

Public comment: Wendy Black, Toby Rowland-Jones, Kim Stemler, Steven Wilson, and Kristin addressed the Council requesting more time for businesses to comply with the pre-COVID regulations regarding outdoor seating and/or wine tasting once the emergency Resolutions are terminated.

Council discussion resumed. Council consensus was to adopt the Resolution as presented and make a separate motion to address the issue of granting amnesty to businesses that will become out of compliance as of tomorrow.

Motion by Mayor Potter to adopt Resolution 2023-026, seconded by Councilmember Dramov, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Council discussed when to begin enforcing the outdoor dining and outdoor wine tasting regulations after the adoption of Resolution 2023-026. Council consensus was to give businesses notice within the next 90 days to let them know what they need to do to become in compliance with the City’s existing outdoor dining and wine tasting regulations. Council discussed giving businesses amnesty until December to begin the process of taking action to bring their businesses into compliance regarding allowing continued outdoor dining through the Planning Commission.

Council discussed that through the Design Traditions Review process, suggestions on how to change the municipal code to allow continued outdoor wine tasting could be considered and brought to Council for approval.

Motion by Councilmember Baron to extend amnesty to December 31, 2023, and for staff to return with an update at the July Council Meeting with the full scope of the issues with the existing businesses, as well as a recipe for code amendments or use permits to address the issues, second by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Attachment 3
Item 14 - Consider Adoption of Urgency Ordinance 2023-001 to Rescind Urgency Ordinances 2020-002, 2020-004, 2020-005, 2022-001, 2022-002, and 2022-006, Regarding Various Health and Safety Measures as a result of the Covid-19 Pandemic City Attorney Pierik gave a brief summary of the item and answered questions from Council.

Public comment: none
Council consensus to rescind all COVID-related Urgency Ordinances, except 2022-006. Council discussed bringing back Urgency Ordinance 2022-006 at the next Council meeting to repeal and replace it with new language stating that masks are only required when attending meetings of legislative bodies in City facilities when the CDC Community COVID level is “high”, instead medium or high.

Motion by Mayor Potter to adopt Urgency Ordinance No. 2023-03, with the amendment that Urgency Ordinance 2023-006 not be rescinded, seconded by Mayor Pro Tem Richards and adopted 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned the meeting at 8:08 PM.

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: February 2023 Monthly Reports
RECOMMENDATION:

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:

City Administrator Contract Log (no contracts for February) Community Planning and Building Department Reports
Police, Fire, and Ambulance Reports
Public Records Act Requests
Public Works Department Reports
FISCAL IMPACT:

N/A
PRIOR CITY COUNCIL ACTION:

Monthly review and approval
ATTACHMENTS:

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

CITY OF CARMEL-BY-THE-SEA
Monthly Report

Community Planning and Building Department
FEBRUARY 2023 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:

In February 2023, 39 planning permit applications were received.

II. BUILDING PERMIT APPLICATIONS:

In February 2023, 40 building permit applications were received.

III. CODE COMPLIANCE CASES:

In February 2023, 12 new code compliance cases were created.

IV. TRANSIENT RENTAL COMPLIANCE CASES:

In February 2023, 1 new transient rental compliance cases were created.

V. ENCROACHMENT PERMIT APPLICATIONS:

In February 2023, 15 encroachment permit applications were received.

VI. YEAR-TO-DATE TRENDS
Table 1 includes the following February 2023 totals: planning and building permit applications, code compliance and transient rental compliance cases, and encroachments. February 2023 totals are provided alongside February 2022 totals for comparison.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: March 8, 2023
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 1
Compared to the same time period in the year 2022, Table 1 denotes the following percentage changes in the year 2023:
• Planning Permit Applications – increase of 32.72%
• Building Permit Applications – increase of 19.28%
• Code Compliance Cases – decrease of 9.09%
• Transient Rental Compliance Cases – increase of 83.33% • Encroachment Permit Applications – decrease of 8.57%
Table 1. Permit Application Totals PLANNING BUILDING CODE

COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE

ENCROACHMENTS
2022 YTD Totals 55 83 44 6 35
2023 YTD Totals 72 99 40 11 32
YTD % Difference +32.72% +19.28% -9.09% +83.33% -8.57%
Attachment 1
Page: 1 of 5
Planning Permit Report
02/01/2023 - 02/28/2023
Permit # Permit Type Project Description Address/Location Date Received
Date
Approved
Status
23060 Design Study Replacement In-Kind of Wood Decking, Decking Framing, Stair Treads and Framing and Stair Posts of
Non-Historic Front Porch of Residence that is on the
Historic Inventory; Replace In-Kind with 2x6
Redwood Decking to Match Existing; Deck Framing
Shall be Pressure Treated 2x8 Joists and Pressure
Treated 2x12 Stair Stringers; For this Project, the
Deck and Stair Areas Shall Not Change in Size. Rim
Joists and Stair Stringers will be Clad to Match Existing with 1x Redwood Fascia; Finished Deck, Stair Treads,
Risers and Deck Fascia will be Finished with a SemiTransparent Stain -- Color to Match Existing Natural Dark Brown Deck Color; Remove Existing Deck and
Stair Hand Railing/Guard Railing Balusters and Finials, Store on Site and Repair as Needed Prior to ReInstallation at the Same Heights. Replace Existing Stair Baluster Posts with In-Kind 4x4 Posts; Guardrail
and Stair Baluster Post Finished Paint Color Shall be
White to Match Existing White Woodwork Color.

There Will be No Change to Site Coverage; No Trees
Shall be Removed as Part of this Project.

Monte Verde Street 2
SE of 5th Avenue
In Review
23059 Historic
Evaluation
New tile below bay windows facing Lincoln St. at the
1-story commercial building.

Lincoln 3 SW of
Ocean
2/24/2023 In Review
23058 Design Review Installation of tile below bay windows facing Lincoln St. at the 1 story commercial building
Lincoln 3 SW of
Ocean
3/24/2023 In Review
23057 Banners Installation of ten double sided banners along Ocean Ave from Monte Verde to Junipero from 5/30/2023 to
6/12/2023.

Ocean Ave, from
Monte Verde to
Junipero
2/24/2023 2/24/2023 Approved
23056 Preliminary Site
Assessment
Remodel and Addition to Existing SFD Dolores Street, 2 SE of 9th
In Review
Page: 2 of 5
23055 Sign NEW SIGN: Sandblasted Cedar 1.5" thick, doublesided 20" by 20" square, white writing with small white border and gold heart on black background.

LOCATION: Front of building mounted on existing sign
hanger.

Lincoln 2 SW of
Ocean Avenue
2/7/2023 In Review
23054 Sign New sign for Stillwater Capital Management NW corner of 8th Ave & San Carlos
(Designatied office 2)
2/8/2023 In Review
23053 Design Study Remove siding above garage, wall to wall. Replace failed flashing. Replace siding above garage, wall to
wall. No changes.

Scenic Road 5 SE of
10th Avenue
2/16/2023 In Review
23052 Design Study ASSOCIATED PERMIT: BP 21-266. Modify interior and exterior of existing residence. Replace existing
windows and new glass doors. CHANGE PROPOSED
IRON RAILING TO CLEAR GLASS RAILING SYSTEM.

Ocean 2 NW
Guadalupe
2/3/2023 In Review
23051 Design Study Demolition of exterior second story deck and replacement with a shallow depth balcony.

Mission 2 SW of
Ocean
2/22/2023 In Review
23050 Design Study Construction of a 6' high, 63' long fence with a 1' open lattice at the top, along Carpenter Street.

SE Corner of
Carpenter & 2nd
2/22/2023 In Review
23049 Historic
Evaluation
Residential Restoration NW Corner of 12th
and Casanova
2/18/2023 In Review
23048 Design Study Establishing a parking pad and removing a portion of a structure to address existing non-conformities on a
site.

Santa Fe 3 SW of Mt.

View
2/22/2023 In Review
23047 Historic
Evaluation
Residential Restoration NW Corner of 12th
and Casanova
Closed
23046 Use Permit Temporary use permit for private birthday party at Edwin's, 02/18/2023.

Conditions: Extended hours authorized, restaurant to
be closed, dark, and empty no later than 1:00 AM.

Noise not to be audible outside of building. No guests
congregating on the street. Max occupancy is 47
people.

SW Corner of San
Carlos & 6th
2/16/2023 2/17/2023 Approved
Page: 3 of 5
23045 Design Study Remove an existing glass solarium, and replace it with new roofing, walls, windows, and skylights to match
existing.

Monte Verde Street 2
SE of 12th Avenue
2/1/2023 In Review
23044 Design Study REMODEL: door and window replacments, additions and removals. Kitchen & bathroom remodel. Update
electrical. (N) On-demand water heater w/
recirculation pump. Replace rotten deck and add (N)
90 SF. Paint: Trim and body. N & W side (N) fence.

CAMINO REAL 3 NW
OF 4TH
2/15/2023 In Review
23043 Sign New sign. Hand-painted wood, hanging on existing bracket.

San Carlos Street 2
NW of 7th Avenue
2/14/2023 In Review
23042 Historic
Evaluation
Historic Evaluation SE Corner of Forest
Road & Oak Knoll
Way
2/14/2023 In Review
23041 Volume Deposit VOID - DUPLICATE APP Monte Verde 3 NW of 11th
Closed
23040 Sign New sign for "C Carmel" Dolores 3 NE of 6th 2/9/2023 In Review 23039 Bench Dedication --Honoree's name: Charles & Shirley Steele --Adopt existing bench; new plaque
--Plaque size: 3 3/4" x 1 1/4" .
(1) Devendorf Park,
(2) Harrison Library
1/24/2023 In Review
23038 Historic
Evaluation
Historical Evaluation Santa Fe 4 SE of
Ocean
2/9/2023 In Review
23037 Historic
Evaluation
Historical Evaluation Santa Fe 3 SE of
Ocean
2/9/2023 In Review
23036 Design Study Demolition of an existing house and construction of a new 2-story house.

Torres Street 4 SE of
4th Avenue
2/9/2023 In Review
23035 Design Study Demolish Window and Replace with French Doors in Existing Opening
Scenic 6 SE 8th In Review
23034 Lot Line
Adjustment
Lot Line Adjustment 2nd NW of 4th
Avenue on San
Carlos Stree
In Review
23033 Design Review Demolition of existing and construction of a new hotel 2nd NW of 4th Avenue on San
Carlos Stree
In Review
Page: 4 of 5
23032 Conceptual
Review
EXTERIOR RESTORATION & REPAIRS: ROOFS,

SKYLIGHTS, FOUNDATION DRAINAGE, WOOD ROT
AT COLUMNS. REMOVE NON-HISTORIC SPIRAL STAIR
AND GLASS RAILING. ALTERATION TO (E)
SUNROOM: MODIFY FIX GLASS TO OPERABLE
DOORS. UPGRADE: REPLACE SINGLE GLAZING TO
LOW E, INSULATING GLASS. PAINT, STAIN EXTRIOR
SIDING AND FASCIA.
25987 Mission St,

CARMEL, CA
2/7/2023 In Review
23031 Appeal APPEAL HRB DECISION. RESOLUTION NUMBERS
2023-001-HRB & 2023-002-HRB.

Demolition of 2 buildings, trash enclosure, 2 trellis
structures, & 2 parking areas. Relocation of 1 building (community building) to adjacent lot. The whole lot
shall be excavated for underground parking garage &
a 2 story building shall be constructed above it.

Ground floor shall serve commercial uses with 11
tenant spaces. The 2nd floor shall contain 8
apartments of various sizes (2 bedroom & 1 bedroom
units).

Dolores Street 2 SE
of 7th Avenue
2/6/2023 In Review
23030 Design Study REVISIONS TO ATTACHED GARAGE:
1) Revise concrete ext. side walls at South and North
to wood siding (match house).
2) Delete window at East elevation.
3) Revise green roof to standing metal seam to match
house (not visible from ROW).
4) Fixed window sash at living room, West elevation.
5) Delete high window at living room, SW corner.

Monte Verde 3 SE of
11th
1/30/2023 In Review
23029 Preliminary Site
Assessment
254 SQ FT addition to an existing 1459 SQ FT single
family residence. Project also includes a 731 SQ FT
attached ADU and a 202 SQ FT detached carport.

Santa Rita 2 NW of
4th
1/23/2023 In Review
23028 Design Study ASSOCIATED BUILDING PERMIT: BP 22-132 (A & C Properties).

ASSOCIATED PLANNING PERMIT: DS 22-152 (A&C
Properties, Inc).

Close off one exterior window and door at existing
kitchen to allow for additional kitchen cabinets.
2nd Avenue 2 NW of
Lincoln
2/2/2023 In Review
23027 Planning Permit
Revision
REVISION TO PLANNING APP. DS 22-028: Change to
wood clad windows. Change garage door style.

Lincoln 2 NW of 5th 2/1/2023 In Review
Page: 5 of 5
23026 Design Study BUILDING FOOTPRINT WILL NOT BE MODIFIED 1.

DEMOLISH EXISTING KITCHEN CABINETS, EXISTING
2ND BEDROOM AND 2ND BATHROOM. 2. RELOCATE

KITCHEN, SECOND BEDROOM AND SECOND
BATHROOM 3. SAND AND RE-FINISH EXISTING
WOOD FLOORS. REPLACE TILE FLOOR IN KITCHEN
WITH NEW WOOD FLOOR. 4. REMOVE SECOND

BEDROOM WINDOW AND REPLACE WITH SMALLER
WINDOW, SAME KIND. REMOVE SECOND BATHROOM
WINDOW AND REPLACE WITH 12' WIDE FOLDING
DOORS TO BACK PATIO. REMOVE KITCHEN SLIDING
DOORS. 5. INSTALL GAS FIRED LOG SET IN
EXISTING INTERIOR AND EXTERIOR FIREPLACES.

Casanova 2 North
East of 7th
2/1/2023 In Review
23025 Historic
Evaluation
Historic Eval - Initial Santa Fe Street 3 NE
of 5th Avenue
2/1/2023 In Review
Records: 36 + 3 Business Licenses = 39 TOTAL RECORDS 3/3/2023 Page: 1 of 5
Building Permit Report
02/01/2023 - 02/28/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit Type Property Location 230097 2/28/2023 Addition of a redwood arbor to replace previous existing arbor gate.
250 Building Lopez 8 SE of 2nd
230096 2/28/2023 2/28/2023 Remove 350sf guest cottage roof. Replace existing wood roof with new wood roof. Contact: Alta-Cal
Roofing (831) 524-8070
15,000 Building NW Corner of
Casanova & 11th
230095 2/28/2023 Beam 6"x12"-8' dryrot to be replaced with a new one with Pressure-Treated
5,860 Building Lincoln 2 NW of 9th
230094 2/28/2023 2/28/2023 remove comp shingles Replace with comp shingles. 12,000 Roofing NW Corner of Mission & 7th
230093 Encroachment Permit to Locate a 250 Volt Electrical Vehicle Charging Outlet Box for Property Owner's Use
Only on Embankment 14'-6" from Existing Property
Line and 5'-5" Away from Edge of Existing Asphalt of
Monte Verde Street. Scope of Work to Include:

Trenching Electrical Service Line from Main Residence
on Property, Water Jetting for Electrical Conduit
Access Route Under Existing Historic Stone Wall and
Existing Asphalt Sidewalk; (4) New Sand Set 4"Dx
12"Wx 24"L Limestone Stepping Stones in Cream Color
to Access Electrical Vehicle Charging Outlet from
Monte Verde Street. All Exposed Soil on Embankment
Shall be Planted with Drought Tolerant Low-Growing
Succulents.
1,000 Electrical Monte Verde street 2
SE 5th Avenue
230092 2/24/2023 Repair Existing Exterior Deck. 7,000 Building Junipero 5 SW of 10th 230091 2/23/2023 Tear off (e) roof and install (n) built up roofing system. 30,560 Building Camino Real 7 SE of 2nd
Page: 2 of 5
230090 2/23/2023 2/23/2023 Repair 200 sf of tan built up roof from storm damage. 5,000 Roofing San Antonio 2 NE of 4th
230089 2/23/2023 Replace exterior stairwy, repair exterior landing, and remodel existing studio. Contact: Dry Creek
Construction (831) 320-1221
38,000 Building Monte Verde 2 NE of
9th
230088 2/22/2023 2/22/2023 Remove (1) old FAU and install (1) new 96% FAU 60k BTU in same location.
8,500 Mechanical Forest 6 SW of Ocean
230087 2/22/2023 Relocate hot tub to clear NOV. 7,000 Building SE Corner of Palou and Casanova
230086 2/22/2023 3/3/2023 Replace existing fence that was damaged during the storm. Remove and discard old fence including
support posts, install approx 100' with new 6'
grapestake fence side. Remove and replace 136' of
front fence with 6' grapestake fence. Repair existing 4' fence on setback line. Contact: Bruce Westphal (925)
330-7571
0 Exempt Work SW Corner of Santa
Fe & Mountain View
230085 2/28/2023 Remove (e) undercounter bar equipment and refrigeration. Clean floors and walls, replace with
upgraded equipment in existing footprint. Plumbing
and electrical work as necessary. No changes to walls
or countertops.
10,800 Building NW Corner of
Junipero & 6th
230084 2/17/2023 3/2/2023 Installation of a gas fireplace insert and installation of electrical starter inside fireplace. Contact: Jason
Gaynor (831) 905-6265
6,000 Mechanical Santa Fe 4 NE of 2nd
230083 2/17/2023 Internal construction. Moving 2 walls back to create 418sf. Add a sink. Paint, new floors, can lighting,
Electrical and plumbig
50,000 Building Ocean 4 NW of San
Carlos
230082 2/16/2023 2/17/2023 Painting exterior lower level of two-story mixed use building to match existing color.
0 Exempt Work Mission 4 NW of 6th
230081 2/16/2023 Addition of 62 S.F. 2nd Floor Bath o/ existing Laundry Room and exterior trellis
70,000 Building Monte Verde 5 SW of
13th
230080 2/15/2023 2/15/2023 Upgrade from 100amp to 200amp main service.

Contact: Seidel Electrical Services, Inc (831) 998-9106 3,500 Electrical San Carlos 2 NW of
12th
Page: 3 of 5
230079 2/15/2023 2/16/2023 Remove (e) 58"x42" concrete landing area and replace with (n) 58"x42" concrete landing area to fix tripping
hazard.
0 Exempt Work NE Corner of
Guadalupe & 2nd
230078 2/15/2023 Exploratory demolition to expose framing, plumbing, and electrical to determine scope of future
kitchen/bathroom remodel
2,000 Building NW Corner of
Casanova & 12th
230077 2/14/2023 2/23/2023 Installation of a new 24kW Generac generator and new slab. Contact: Vincent Bruno (831) 595-3076
10,000 Mechanical Santa Lucia 2 NE of
Mission
230076 2/14/2023 2/14/2023 Replace tile in guest bathroom and light fixtures in guest bathroom. Contact: NC Construction (831) 206-
2403
0 Exempt Work NW Corner of Camino
Real & 13th
230075 2/14/2023 Interior remodel of (e) SFR including replacement of windows/doors, demolition of chimney, and no
increase in water fixture count. Existing footprint and height to remain the same.
160,152 Building San Antonio 4 NE of
4th
230074 2/14/2023 Reroof and gutters on building 8. Flat section #8,8A,8E - Install new built up roof with Durolast 50mil PVC
finish in color "White". Pitched Sections #8,8A -
Remove existing tile, install new slate roof in color
"Saxony Sun". Install 90' of stainless steel gutters.
195,445 Roofing Carmel Plaza
230073 2/14/2023 Remove second story deck and reinstall new juliet balcony.
8,000 Building Mission 2 SW of
Ocean
230072 2/10/2023 2/10/2023 Remove (e) cedar shingle roofing and install a (n) cedar shingle roof to match. New cedar shingles will
be #1 Blue Label, Class "B" fire rated and installed over one layer of #72 mineral surface cap sheet.

CONDITION: House is historic, roof elements and
conditions must be replaced in-kind to maintain
historic nature of residence.

Contact: Coastal Roofing & Waterproofing (831) 324-
4809
66,000 Roofing NE Corner of Lopez &
4th
Page: 4 of 5
230071 2/8/2023 2/8/2023 Remove and replace water heater. Install new Bradford White water heater.
2,900 Plumbing Torres 3 NW of 5th #2
230070 2/8/2023 2/8/2023 Remove and replace water heater. Install new Bradford White water heater.
2,900 Plumbing Torres 3 NW of 5th #4
230069 2/8/2023 DEMO ENTIRE HOUSE AND FOUNDATION, NEW 3 BED 2 BATH RESIDENCE (1,553 SF) WITH ATTACHED
GARAGE (228 SF), NEW PAVER DRIVEWAY (333 SF),
NEW REAR DECK (204 SF)
710,000 Building Junipero 6 NE of 8th
230068 2/8/2023 Removal and replacement of tile; Removal of shower tile and enlarge shower with new pan and replace tile.

Modification of closet door location
0 Plumbing 1st 2 SE of Lobos
230067 2/6/2023 2/6/2023 Replace (e) furnace with a Brigant 915SB 3.5 ton 60,000 BTU unit. Contact: All Seasons Heating &
Cooling (831) 601-0351
7,600 Mechanical San Antonio 2 NE of
9th
230066 2/6/2023 2/6/2023 Replace the existing water heater with a new Bradford White 75 gallon water heater. Contact: Rooter King
(831) 394-5315
1,500 Plumbing SW Corner of Lincoln
& 7th
230065 2/6/2023 2/8/2023 Demolition of all finishes in one bathroom, replace shower pan, install new vanity and medicine cabinet,
install new tile, install new shower valve and new floor drain, paint bathroom, and install new low flow toilet
and faucet.
5,000 Building SW Corner of Camino
Real and 2nd
230064 2/3/2023 2/22/2023 Installation of NG emergency backup generator.

Contact: Stephanie Kirz (206) 661-5946
10,000 Mechanical Junipero 2 NW of 3rd
230063 2/2/2023 2/28/2023 Remove leaning brick wall to right of driveway and replace with concrete block covered with stucco and
painted to match house. Smooth finish, 31' x 3' at
tallest point. Remove small brick curb to left of
driveway and replace with concrete block and stucco,
smooth finish, 43' x 12" high. Contact: Cantera
Masonry (831) 236-5368
0 Exempt Work Perry Newberry 2 NW
of 5th
230062 2/2/2023 Remove & replace windows like for like, no size increases or location changes.
0 Exempt Work NW Corner of Mission
& 3rd
Page: 5 of 5
230061 2/1/2023 2/2/2023 Removal of existing loose/flaky paint on North and East exterior elevations. Complete repaint of exterior
elevations in matching color scheme.
0 Exempt Work Lincoln 3 SW of
Ocean
230060 2/1/2023 2/2/2023 Replace pressure treated retaining wall with new pressure treated wood. Use 4"x6" pressure treated
posts dug in 32" to 36" under ground using the same
original holes, using 2"x12" pit boards to hold back
dirt. Contact: Ricardo Munoz (831) 402-5078
0 Exempt Work Torres 4 NE of 6th
230059 2/1/2023 Creation of new detached ADU. 407,000 Building Casanova 9 NW of Ocean
220342 9/7/2022 10/18/2022 Demolition and construction to redemise three tenant spaces into two tenant spaces, to include replacement
in-kind of existing mechanical equipment, relocation
electrical and plumbing service. No change in use or
zoning. no structural in scope. Contact: Monterey
Custom Builders (831) 206-4705
162,276 Building SW Corner of Ocean
& Junipero
Total Records: 40 3/3/2023
Page: 1 of 1
Code Compliance Report
02/01/2023 - 02/28/2023
Case # Case Type: Status Location Problem Description Date Received Date Closed 23040 Building Violation Closed SWC San Carlos and 8th Construction site maintenance 2/24/2023 23039 Short-term Rental 1st NOV
sent
26282 Atherton Drive Transient Rental 2/27/2023
23038 Fire Code Violation 1st NOV
sent
SW Corner Junipero & 5th noncompliant hood - fire
suppression
2/23/2023
23037 Public Nuisance Open Mission 3 SW of Alta Hazardous tree 2/22/2023 23036 Sign Violation Closed Ocean b/w Dolores & San
Carlos
Neon Sign 2/19/2023 2/19/2023
23035 Sign Violation Open Ocean 3 SW Dolores Illuminated Sign 2/19/2023 23034 Right of way
Violation
Closed Junipero 4 SW Alta Open House sign in ROW 2/19/2023 2/19/2023 23033 Right of way
Violation
1st NOV
sent
Lobos 5 SW of First Portapotty in PROW 2/2/2023 2/10/2023 23032 Sign Violation Closed NE Corner 7th & Dolores Large Banners in windows 2/4/2023 2/4/2023 23031 Planning/Building
Violation
Open ES Dolores b/w Ocean &
7th
Blocked Exit 2/5/2023
23030 Building Violation Closed Monte Verde 2 SW 2nd Construction on Sunday 2/5/2023 2/5/2023 23029 Right of way
Violation
Closed E/S Dolores between 7th
and Ocean
Trash Receptacles in Street 2/5/2023 2/5/2023
Total Records: 12 3/3/2023
Page: 1 of 1
Transient Rental Report
01/01/2023 - 02/28/2023
Case # Street Status Date Received Last Status Date Date Closed 23039 Rio Road 1st NOV sent 2/27/2023 2/27/2023
23015 Carmelo Closed 1/9/2023 2/3/2023 2/3/2023
23014 Mission Closed 1/9/2023 1/10/2023 1/30/2023
23013 N Casanova Closed 1/9/2023 2/3/2023 2/3/2023
23012 Mission Closed 1/9/2023 1/27/2023 1/27/2023
23009 Santa Fe Closed 1/8/2023 2/3/2023 2/3/2023
23008 Guadalupe Closed 1/8/2023 1/13/2023 1/13/2023
23007 2nd STR verified 1/8/2023 1/8/2023
23005 Carpenter Closed 1/8/2023 2/3/2023 2/3/2023
23004 5th Closed 1/5/2023 2/3/2023 2/3/2023
23003 Dolores and 1st Closed 1/5/2023 2/3/2023 2/3/2023 Total Records: 11 3/2/2023
Page: 1 of 2
Encroachment Permit Report
02/01/2023 - 02/28/2023
Permit # Permit
Type
Date
Submitted
Project Description Property Location Date
Issued
Status
230032 Temp Ench 2/28/2023 Replace 80' of 4" sewer line at 5' seep at street.

Contact: Chris Wilson Plumbing (831) 393-9321
25979 Mission St 3/1/2023 Issued
230031 Temp Ench 2/27/2023 Overlash approx. 148' & access to vaults and poles for Re pad & Eq amp at multiple locations: San Carlos St &
2nd, Camino Del Monte & Junipero, Camino Del Monte
& San Carlos, Dolores & 3rd, Carmelo & 4th.

San Carlos St & 2nd,
Camino Del Monte &
Junipero, Camino Del
Monte & San Carlos,
Dolores & 3rd, Carmelo &
4th
2/28/2023 Issued
230030 Temp Ench 2/24/2023 6'x18' asphalt patch for CalAm job #1286. SW Corner of Santa Lucia & Carmelo
2/24/2023 Issued
230029 Temp Ench 2/22/2023 PG&E to complete gas maintenance, excavate a 5'x5' bellhole. Contact: PG&E (408) 510-1660
Santa Rita 2 SE of 2nd 2/24/2023 Issued
230028 Temp Ench 2/22/2023 Replace sewer lateral, 30' of 4" SDR 17 pipe. Contact:

Easy Drains Plumbing (831) 521-6882
NW Corner of San Carlos
& Santa Lucia
2/28/2023 Issued
230027 Temp Ench 2/22/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
San Antonio 2 SE of 10th 2/22/2023 Issued
230026 Temp Ench 2/22/2023 6'x11' asphalt patch for Cal Am, job #1342. Contact:

Coastal Paving & Excavating (831) 262-1425
NE Corner of Carpenter &
2nd
2/22/2023 Issued
230025 Temp Ench 2/17/2023 Excavate 6'x6' bellhole 12" deep over city main to replace sewer lateral. Install new check valve & two
way cleanout. Contact: JD's Underground (831) 394-
3100
SW Corner of Camino
Real & 8th
2/22/2023 Issued
230024 Temp Ench 2/16/2023 Encroachment and reservation of 6 parking stalls along Carmelo St from 2/24/23 - 5/5/23 for the Installation
of a new transformer and screen panels along the
Carmelo Street frontage.

SE Corner of Carmelo &
8th
2/24/2023 Issued
Page: 2 of 2
230023 Driveway 2/10/2023 Installation of a new paver driveway. Contact: Javier Luna (831) 206-5598
NW Corner of Camino
Real & 7th
2/22/2023 Issued
230022 Temp Ench 2/10/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
Casanova 2 NW of 9th 2/10/2023 Issued
230021 Temp Ench 2/8/2023 Remove sand from two existing tree well areas and install "Granite Creete" which is a mixutre of concrete and granite that allows water to percolate through and
resemble sand. Contact: Mark Porter (831) 646-5200
NW Corner of San Carlos
& 7th
2/14/2023 Issued
230020 Temp Ench 2/6/2023 New sewer lateral connection to city main.

CONDITION: SOUTHBOUND TRAFFIC TO BE DETOURED
WEST ON 6TH AND DOWN JUNIPERO.

Contact: Edgars Plumbing (831) 601-5557
SW Corner of Carpenter
& 10th
2/10/2023 Approved
230019 Temp Ench 2/3/2023 Replace sewer yard trap in the city sidwalk. Contact:

Perkins Grading & Underground (831) 236-1101
NE Corner of Lincoln &
7th
2/6/2023 Issued
230018 Temp Ench 2/2/2023 Close road to allow access for concrete pump truck to pour slab and walls.

CONDITIONS: CHANGE DTOR TO WEST ON 10TH TO

MISSION ST, ADD DO NOT ENTER SIGN ON THE
SOUTHBOUND LANE OF JUNIPERO.

Contact: Casas Builders (831) 601-0922
Junipero 6 NE of 10th 2/2/2023 Issued
Total Records: 15 3/3/2023

CITY OF CARMEL-BY-THE-SEA
Monthly Report
February 2023
Public Safety

AMBULANCE REPORT
Summary of Carmel Fire Ambulance February Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 life-threatening emergency lights & sirens) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For February 2023, the ambulance was able to meet the performance measure. The response time was 100%, with (0) code-3 calls over 5 minutes.
52 total calls for service in CBTS Average response time: 2:57 min. 48 total Code-3 Fire calls for service with (0) Fire call over 5:00 min

MONTEREY FIRE REPORT
Summary of Monterey Fire May Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights and siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For February 2023, the fire department was able to meet the performance measure. The response time was 95%, with (3) code-3 calls over 5 minutes.
68 total calls for service in CBTS Average response time: 5:13 min. 56 total Code-3 Fire calls for service with (3) Fire call over 5:00 min 02/12/2023 – Code 3 response 07:32 min – Lobos St/2nd Ave – ME11 responded as E15 was committed.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Acting Police Chief
SUBMITTED ON: March 13, 2023
APPROVED BY: Chip Rerig, City Administrator
Attachment 2
02/12/2023 – Code 3 response 08:48 min – Ocean Ave/Lincoln St – Delay due to issue with dispatch. 02/16/2023 – Code 3 response 09:46 min – Dolores St/9th Ave – E11 responded from Station 11 to cover.

BEACH FIRES
(0) Illegal beach fires were recorded during the month of February Attachment 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Medical assist, assist EMS crew 2/4/2023 8:26 PM 230204-MNT01080 0:02:32 DOLORES ST OCEAN AVE 3 Medical assist, assist EMS crew 2/16/2023 8:28 AM 230216-MNT01370 0:03:32 OCEAN AVE LINCOLN ST 3 Medical assist, assist EMS crew 2/18/2023 7:30 AM 230218-MNT01420 0:03:37 DOLORES ST 9TH AVE 3 Medical assist, assist EMS crew 2/26/2023 9:07 AM 230226-MNT01649 0:03:39 3080 RIO RD 3 EMS call, excluding vehicle accident with injury 2/19/2023 11:28 PM 230219-MNT01469 0:00:09 5TH AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 2/12/2023 1:36 PM 230212-MNT01277 0:01:29 OCEAN AVE JUNIPERO AVE 3 EMS call, excluding vehicle accident with injury 2/19/2023 7:48 PM 230219-MNT01465 0:01:55 3RD AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 2/11/2023 7:23 PM 230211-MNT01255 0:02:01 OCEAN AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 2/12/2023 1:17 PM 230212-MNT01275 0:02:05 DOLORES ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 2/1/2023 3:39 PM 230201-MNT01005 0:02:06 6TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 2/8/2023 4:14 PM 230208-MNT01181 0:02:15 CARMELO ST 10TH AVE 3 EMS call, excluding vehicle accident with injury 2/2/2023 2:59 PM 230202-MNT01022 0:02:20 SAN ANTONIO AVE OCEAN AVE 3 EMS call, excluding vehicle accident with injury 2/25/2023 1:17 PM 230225-MNT01636 0:02:40 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 2/24/2023 12:21 PM 230224-MNT01603 0:02:51 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 2/18/2023 5:41 PM 230218-MNT01437 0:02:54 LINCOLN ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/17/2023 6:25 PM 230217-MNT01408 0:03:04 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/19/2023 7:16 PM 230219-MNT01464 0:03:13 SCENIC RD 9TH AVE 3 EMS call, excluding vehicle accident with injury 2/25/2023 1:42 AM 230225-MNT01623 0:03:13 SAN CARLOS ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/16/2023 6:45 AM 230216-MNT01368 0:03:28 SAN CARLOS ST SANTA LUCIA AVE 3 EMS call, excluding vehicle accident with injury 2/14/2023 10:38 PM 230214-MNT01343 0:03:37 SANTA FE ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 2/1/2023 7:08 AM 230201-MNT00985 0:03:43 8TH AVE S MOUNTAIN VIEW AVE 3 EMS call, excluding vehicle accident with injury 2/3/2023 2:32 AM 230203-MNT01032 0:03:47 6TH AVE GUADALUPE ST 3 EMS call, excluding vehicle accident with injury 2/27/2023 12:57 PM 230227-MNT01673 0:03:47 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/13/2023 6:48 PM 230213-MNT01310 0:03:49 LINCOLN ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 2/1/2023 11:28 AM 230201-MNT00992 0:03:54 26246 DOLORES ST 3 EMS call, excluding vehicle accident with injury 2/19/2023 8:51 AM 230219-MNT01449 0:03:57 CASANOVA ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 2/23/2023 12:16 PM 230223-MNT01571 0:04:06 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 2/1/2023 12:11 PM 230201-MNT00993 0:04:23 SAN CARLOS ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 2/20/2023 4:13 AM 230220-MNT01473 0:04:34 SAN CARLOS ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 2/23/2023 12:44 PM 230223-MNT01573 0:04:46 JUNIPERO AVE ALTA AVE 3 EMS call, excluding vehicle accident with injury 2/22/2023 2:07 AM 230222-MNT01530 0:05:00 26010 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 2/12/2023 10:48 PM 230212-MNT01292 0:07:32 LOBOS ST 2ND AVE 3

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 02/01/2023 To: 02/28/2023
23 02 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) cont.

EMS call, excluding vehicle accident with injury 2/16/2023 8:38 AM 230216-MNT01371 0:09:46 DOLORES ST 9TH AVE 3 33 0:03:30
322-399 Series (Rescues)
Motor vehicle/pedestrian accident (MV Ped) 2/21/2023 6:35 PM 230221-MNT01512 0:12:30 6TH AVE MISSION ST 2 1 0:12:30
400 Series (Hazardous Material)
Oil or other combustible liquid spill 2/21/2023 8:26 AM 230221-MNT01495 0:03:48 SANTA RITA ST 3RD AVE 2 Arcing, shorted electrical equipment 2/21/2023 7:33 PM 230221-MNT01519 0:02:22 CARPENTER ST OCEAN AVE 3 Accident, potential accident, other 2/14/2023 1:04 PM 230214-MNT01328 0:00:11 CAMINO REAL ST 4TH AVE 3 Accident, potential accident, other 2/21/2023 6:58 PM 230221-MNT01516 0:03:57 MISSION ST ALTA AVE 3 4 0:02:34
500 & 600 Series (Service Calls)
Water or steam leak 2/25/2023 5:50 PM 230225-MNT01641 0:02:50 SAN CARLOS ST OCEAN AVE 2 Water or steam leak 2/24/2023 11:03 AM 230224-MNT01602 0:02:57 JUNIPERO AVE 7TH AVE 3 Water or steam leak 2/26/2023 2:43 AM 230226-MNT01643 0:04:06 DOLORES ST OCEAN AVE 3 Water or steam leak 2/24/2023 2:26 PM 230224-MNT01605 0:04:39 SAN ANTONIO AVE 4TH AVE 2 Water or steam leak 2/26/2023 5:29 AM 230226-MNT01646 0:04:53 7TH AVE DOLORES ST 2 Assist police or other governmental agency 2/21/2023 9:34 PM 230221-MNT01525 0:04:22 8 CARMEL WAY 2 Police matter 2/27/2023 12:51 PM 230227-MNT01672 0:02:45 CARPENTER ST 1ST AVE 3 Public service 2/24/2023 3:58 PM 230224-MNT01609 0:02:59 OCEAN AVE SANTA RITA ST 3 Public service 2/1/2023 6:35 PM 230201-MNT01012 0:03:31 OCEAN AVE DEL MAR AVE 2 Public service 2/23/2023 9:11 AM 230223-MNT01563 0:03:53 CAMINO REAL ST 4TH AVE 3 Public service 2/5/2023 10:43 PM 230205-MNT01113 0:03:56 TORRES ST 5TH AVE 3 Public service 2/22/2023 7:52 AM 230222-MNT01535 0:04:22 LINCOLN ST 9TH AVE 2 Public service 2/22/2023 5:37 PM 230222-MNT01550 0:09:12 SCENIC RD 13TH AVE 2 Assist invalid 2/17/2023 12:36 PM 230217-MNT01399 0:02:30 DOLORES ST 5TH AVE 3 Assist invalid 2/26/2023 11:08 PM 230226-MNT01663 0:03:39 LINCOLN ST 7TH AVE 2 Assist invalid 2/4/2023 6:37 AM 230204-MNT01065 0:03:48 LINCOLN ST 7TH AVE 2 Assist invalid 2/24/2023 8:18 AM 230224-MNT01597 0:03:58 3RD AVE SANTA FE ST 3 Assist invalid 2/6/2023 4:44 AM 230206-MNT01117 0:04:15 JUNIPERO AVE 5TH AVE 2 No incident found on arrival at dispatch address 2/8/2023 3:09 PM 230208-MNT01179 0:03:42 MISSION ST VISTA AVE 3 No incident found on arrival at dispatch address 2/5/2023 8:10 PM 230205-MNT01106 0:03:48 7TH AVE DOLORES ST 3 EMS call, party transported by non-fire agency 2/17/2023 5:20 AM 230217-MNT01393 0:04:54 GUADALUPE ST 5TH AVE 3 21 0:04:03
700 Series (False Alarms)
Smoke detector activation due to malfunction 2/13/2023 5:21 AM 230213-MNT01294 0:04:27 MONTE VERDE ST OCEAN AVE 3 Heat detector activation due to malfunction 2/3/2023 7:23 PM 230203-MNT01052 0:02:08 JUNIPERO AVE 4TH AVE 3 Heat detector activation due to malfunction 2/12/2023 5:32 PM 230212-MNT01283 0:03:04 DOLORES ST OCEAN AVE 3 Alarm system sounded due to malfunction 2/2/2023 7:03 PM 230202-MNT01027 0:02:05 SAN CARLOS ST OCEAN AVE 3 Alarm system sounded due to malfunction 2/12/2023 1:26 PM 230212-MNT01276 0:08:48 OCEAN AVE LINCOLN ST 3 Detector activation, no fire - unintentional 2/27/2023 10:35 PM 230227-MNT01691 0:02:42 SAN CARLOS ST 5TH AVE 3 Alarm system activation, no fire - unintentional 2/25/2023 12:47 PM 230225-MNT01634 0:03:05 JUNIPERO AVE 7TH AVE 3 Alarm system activation, no fire - unintentional 2/6/2023 5:57 PM 230206-MNT01131 0:03:50 SCENIC RD 5 SE OF OCEAN AVE 3 23 02 Carmel Fire Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
700 Series (False Alarms) cont.

Carbon monoxide detector activation, no CO 2/10/2023 12:31 PM 230210-MNT01221 0:01:25 JUNIPERO AVE 4TH AVE 3 9 0:03:30
Code 2 Calls 12
Code 3 Calls 56
68 230212-MNT01276 ME11 responded from St.11, E15 was committed 95% Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230212-MNT01292 E15 delay due to issue with dispatch
230216-MNT01371 E11 responded from St.11, normal response time 23 02 Carmel Fire Activity Report.xlsx 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Medical assist, assist EMS crew 2/13/2023 230213-CFA00239 00:03:00 LINCOLN ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 2/1/2023 230201-CFA00182 00:03:23 8TH AVE S MOUNTAIN VIEW 3 EMS call, excluding vehicle accident with injury 2/1/2023 230201-CFA00183 00:03:51 26246 DOLORES ST 3 EMS call, excluding vehicle accident with injury 2/1/2023 230201-CFA00185 00:01:23 6TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 2/2/2023 230202-CFA00190 00:02:00 SAN ANTONIO AVE OCEAN AVE 3 EMS call, excluding vehicle accident with injury 2/3/2023 230203-CFA00192 00:04:05 6TH AVE GUADALUPE ST 3 EMS call, excluding vehicle accident with injury 2/4/2023 230204-CFA00201 00:01:59 DOLORES ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 2/8/2023 230208-CFA00216 00:02:58 CARMELO ST 10TH AVE 3 EMS call, excluding vehicle accident with injury 2/10/2023 230210-CFA00225 00:05:14 JUNIPERO AVE 4TH AVE 2 EMS call, excluding vehicle accident with injury 2/11/2023 230211-CFA00228 00:01:51 OCEAN AVE MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 2/12/2023 230212-CFA00230 00:01:48 DOLORES ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 2/13/2023 230213-CFA00234 00:04:18 MONTE VERDE ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 2/14/2023 230214-CFA00243 00:04:19 SANTA FE ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 2/16/2023 230216-CFA00249 00:02:30 OCEAN AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 2/17/2023 230217-CFA00253 00:04:45 GUADALUPE ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/17/2023 230217-CFA00255 00:02:36 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/18/2023 230218-CFA00256 00:02:30 DOLORES ST 9TH AVE 3 EMS call, excluding vehicle accident with injury 2/19/2023 230219-CFA00258 00:04:14 CASANOVA ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 2/19/2023 230219-CFA00262 00:03:16 DEL MAR AVE OCEAN AVE 3 EMS call, excluding vehicle accident with injury 2/19/2023 230219-CFA00264 00:02:16 3RD AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 2/19/2023 230219-CFA00265 00:03:30 5TH AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00277 00:04:29 26010 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00279 00:00:26 TORRES ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00283 00:03:30 CARMELO ST 9TH AVE 3 EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00284 00:01:03 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 2/24/2023 230224-CFA00294 00:02:20 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 2/25/2023 230225-CFA00300 00:03:38 SAN CARLOS ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/25/2023 230225-CFA00302 00:01:45 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 2/26/2023 230226-CFA00308 00:03:33 3080 RIO ROAD 3 EMS call, excluding vehicle accident with injury 2/27/2023 230227-CFA00311 00:02:45 CARPENTER ST 1ST AVE 3 30 0:02:59

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 02/01/2023 To: 02/28/2023
23 02 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
322-399 Series (Rescues)
Motor vehicle accident with injuries 2/20/2023 230220-CFA00266 00:04:39 SAN CARLOS ST 13TH AVE 3 Motor vehicle accident with injuries 2/21/2023 230221-CFA00273 00:00:05 6TH AVE MISSION ST 3 2 0:02:22
400 Series (Hazardous Material)
Hazardous condition, other 2/14/2023 230214-CFA00240 00:00:17 CAMINO REAL ST 4TH AVE 3 Hazardous condition, other 2/21/2023 230221-CFA00269 00:03:52 SANTA RITA ST 3RD AVE 3 Hazardous condition, other 2/21/2023 230221-CFA00274 00:03:22 CARPENTER ST OCEAN AVE 3 Hazardous condition, other 2/21/2023 230221-CFA00275 00:04:56 8 CARMEL WAY 3 Hazardous condition, other 2/23/2023 230223-CFA00288 00:03:21 CAMINO REAL ST 4TH AVE 3 Hazardous condition, other 2/24/2023 230224-CFA00296 00:04:35 OCEAN AVE SANTA RITA ST 3 6 0:03:24
500 & 600 Series (Service Calls)
Water or steam leak 2/24/2023 230224-CFA00293 00:02:53 JUNIPERO AVE 7TH AVE 2 Water or steam leak 2/26/2023 230226-CFA00307 00:05:02 7TH AVE DOLORES ST 2 Public service assistance, other 2/5/2023 230205-CFA00204 00:02:26 7TH AVE DOLORES ST 3 Public service assistance, other 2/19/2023 230219-CFA00263 00:03:03 SCENIC RD 9TH AVE 3 Assist invalid 2/5/2023 230205-CFA00205 00:03:33 TORRES ST 5TH AVE 3 Assist invalid 2/6/2023 230206-CFA00206 00:01:18 JUNIPERO AVE 5TH AVE 2 Assist invalid 2/26/2023 230226-CFA00310 00:03:50 LINCOLN ST 7TH AVE 2 Vicinity alarm (incident in other location) 2/12/2023 230212-CFA00232 00:03:05 DOLORES ST OCEAN AVE 3 Smoke scare, odor of smoke 2/8/2023 230208-CFA00215 00:04:48 MISSION ST VISTA AVE 3 9 0:03:20
700 Series (False Alarm)
False alarm or false call, other 2/3/2023 230203-CFA00195 00:02:20 JUNIPERO AVE 4TH AVE 3 False alarm or false call, other 2/17/2023 230217-CFA00254 00:02:52 DOLORES ST 5TH AVE 3 False alarm or false call, other 2/25/2023 230225-CFA00301 00:03:05 JUNIPERO AVE 7TH AVE 3 Alarm system activation, no fire - unintentional 2/2/2023 230202-CFA00191 00:02:19 SAN CARLOS ST OCEAN AVE 3 Alarm system activation, no fire - unintentional 2/27/2023 230227-CFA00316 00:02:44 SAN CARLOS ST 5TH AVE 3 5 0:02:40
Code 2 Calls 5
Code 3 Calls 47
52 100%
Total Average Response Time 0:02:57
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
23 02 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

CARMEL HIGHLAND
EMS call, excluding vehicle accident with injury 2/20/2023 230220-CFA00267 00:10:24 15 YANKEE POINT DR 3 EMS call, excluding vehicle accident with injury 2/8/2023 230208-CFA00218 00:09:14 75 CORONA RD 3 EMS call, excluding vehicle accident with injury 2/2/2023 230202-CFA00188 00:24:07 HWY 1 AURORA DEL MAR 3 EMS call, excluding vehicle accident with injury 2/15/2023 230215-CFA00247 00:08:33 120 HIGHLAND DR 3 False alarm or false call, other 2/16/2023 230216-CFA00251 00:15:57 30740 AURORA DEL MAR 3 False alarm or false call, other 2/27/2023 230227-CFA00315 00:11:10 228 LOWER WALDEN RD 3 6 0:13:14

CARMEL VALLEY
EMS call, excluding vehicle accident with injury 2/21/2023 230221-CFA00271 00:45:17 37144 NASON RD 3 Cover assignment, standby, moveup 2/19/2023 230219-CFA00260 00:08:18 5315 CARMEL VALLEY RD 3 2 0:26:48

CYPRESS
Fire, other 2/18/2023 230218-CFA00257 00:06:09 26533 WILLOW PL 3 EMS call, excluding vehicle accident with injury 2/27/2023 230227-CFA00312 00:01:42 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 2/26/2023 230226-CFA00309 00:07:14 25344 PINE HILLS DR 3 EMS call, excluding vehicle accident with injury 2/23/2023 230223-CFA00285 00:07:12 5 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 2/15/2023 230215-CFA00246 00:06:46 25383 FLANDERS DR 2 EMS call, excluding vehicle accident with injury 2/13/2023 230213-CFA00238 00:03:51 26408 MISSION FIELDS RD 3 EMS call, excluding vehicle accident with injury 2/7/2023 230207-CFA00213 00:04:57 CARMEL RANCHO LN CARMEL RANCHO SHOPPING CENTER 3 EMS call, excluding vehicle accident with injury 2/6/2023 230206-CFA00207 00:05:31 Rio Rd / Crossroads Blvd 3 EMS call, excluding vehicle accident with injury 2/3/2023 230203-CFA00196 00:06:20 5 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 2/19/2023 230219-CFA00261 00:05:07 26135 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 2/16/2023 230216-CFA00248 00:06:03 26349 MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 2/15/2023 230215-CFA00244 00:07:06 26265 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 2/12/2023 230212-CFA00233 00:06:32 3771 RIO RD 3 EMS call, excluding vehicle accident with injury 2/12/2023 230212-CFA00231 00:04:57 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 2/10/2023 230210-CFA00223 00:05:48 3665 RIO RD 3 EMS call, excluding vehicle accident with injury 2/9/2023 230209-CFA00222 00:05:21 24743 SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 2/9/2023 230209-CFA00220 00:05:29 3020 RIBERA RD 3 EMS call, excluding vehicle accident with injury 2/9/2023 230209-CFA00219 00:04:05 25009 HATTON RD 3 EMS call, excluding vehicle accident with injury 2/6/2023 230206-CFA00211 00:06:03 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 2/6/2023 230206-CFA00210 00:05:20 3640 VIA MAR MONTE 3 EMS call, excluding vehicle accident with injury 2/6/2023 230206-CFA00208 00:05:21 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 2/4/2023 230204-CFA00200 00:07:07 26245 CARMEL RANCHO BLVD 2 EMS call, excluding vehicle accident with injury 2/2/2023 230202-CFA00189 00:04:43 26245 CARMEL RANCHO BLVD 3

EMS call, excluding vehicle accident with injury 2/2/2023 230202-CFA00187 00:06:12 5 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 2/28/2023 230228-CFA00318 00:07:18 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 2/25/2023 230225-CFA00305 00:06:20 5 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00280 00:08:57 275 CROSSROADS BLVD 3 EMS call, excluding vehicle accident with injury 2/21/2023 230221-CFA00272 00:08:20 4060 ARROYO TRL 2 EMS call, excluding vehicle accident with injury 2/20/2023 230220-CFA00268 00:05:06 26510 FISHER DR 3 Motor vehicle accident with no injuries. 2/28/2023 230228-CFA00320 00:03:54 HWY 1 CARPENTER ST 3 Assist invalid 2/23/2023 230223-CFA00291 00:05:59 2665 15TH AVE 3 False alarm or false call, other 2/23/2023 230223-CFA00290 00:05:37 24324 SAN JUAN RD 3 32 0:05:50
MARINA
EMS call, excluding vehicle accident with injury 2/1/2023 230201-CFA00184 00:14:11 3095 MARINA DR 3 EMS call, excluding vehicle accident with injury 2/13/2023 230213-CFA00237 00:19:44 3128 CRESCENT AVE 2 2 0:16:58

MID COAST
EMS call, excluding vehicle accident with injury 2/4/2023 230204-CFA00199 00:18:13 37029 PALO COLORADO RD 3 1 0:18:13

MONTEREY
EMS call, excluding vehicle accident with injury 2/14/2023 230214-CFA00242 00:06:26 696 CASANOVA AVE 3 EMS call, excluding vehicle accident with injury 2/13/2023 230213-CFA00236 00:08:45 1230 SYLVAN RD 3 EMS call, excluding vehicle accident with injury 2/12/2023 230212-CFA00229 00:08:28 1501 SKYLINE DR 2 EMS call, excluding vehicle accident with injury 2/4/2023 230204-CFA00198 00:02:59 2041 N FREMONT ST 3 EMS call, excluding vehicle accident with injury 2/28/2023 230228-CFA00321 00:10:47 399 DRAKE AVE 3 EMS call, excluding vehicle accident with injury 2/28/2023 230228-CFA00317 00:09:03 1131 10TH ST 3 Motor vehicle accident with injuries 2/27/2023 230227-CFA00314 00:06:13 MTY SNS HWY OLMSTED RD 3 Motor vehicle accident with injuries 2/27/2023 230227-CFA00314 00:06:13 MTY SNS HWY OLMSTED RD 3 Cover assignment, standby, moveup 2/4/2023 230204-CFA00197 00:01:02 HWY 1 CANYON DEL REY BLVD 2 Cover assignment, standby, moveup 2/23/2023 230223-CFA00287 00:00:02 SOLEDAD DR MUNRUS AVE 2 Cover assignment, standby, moveup 2/22/2023 230222-CFA00281 00:00:03 HWY 1 CANYON DEL REY BLVD 2 11 0:05:27

PACIFIC GROVE
EMS call, exluding vehicle acciident with injury 2/23/2023 230223-CFA00292 00:13:09 700 BRIGGS AVE 2 1 0:13:09

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 2/8/2023 230208-CFA00217 00:08:03 1500 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 2/23/2023 230223-CFA00289 00:11:17 3055 SLOAT RD 3 EMS call, excluding vehicle accident with injury 2/23/2023 230223-CFA00286 00:10:34 1260 CANTERA CT 3 EMS call, excluding vehicle accident with injury 2/19/2023 230219-CFA00259 00:08:06 4136 SUNSET LN 3 EMS call, excluding vehicle accident with injury 2/3/2023 230203-CFA00193 00:11:03 SEVENTEEN MILE DR SIGNAL HILL RD 3 EMS call, excluding vehicle accident with injury 2/11/2023 230211-CFA00226 00:09:18 3071 SLOAT RD 3 EMS call, excluding vehicle accident with injury 2/9/2023 230209-CFA00221 00:09:28 3300 PORTOLA RD 2 EMS call, excluding vehicle accident with injury 2/5/2023 230205-CFA00203 00:11:18 1700 SEVENTEEN MILE DR 3 EMS call, excluding vehicle accident with injury 2/3/2023 230203-CFA00194 00:09:30 CARMEL WAY SEVENTEEN MILE DR 3 EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00278 00:12:53 3307 SEVENTEEN MILE DR 3 23 02 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
PEBBLE BEACH cont.

EMS call, excluding vehicle accident with injury 2/22/2023 230222-CFA00276 00:09:24 3258 ONDULADO RD RD AS 3 Motor vehicle/pedestrian accident (MV Ped) 2/15/2023 230215-CFA00245 00:14:51 SEVENTEEN MILE DR PORTOLA RD 3 12 0:10:29

SEASIDE
EMS call, excluding vehicle accident with injury 2/16/2023 230216-CFA00250 00:17:44 1201 LA SALLE AVE 3 EMS call, excluding vehicle accident with injury 2/7/2023 230207-CFA00212 00:15:09 2200 NOCHE BUENA ST 2 EMS call, excluding vehicle accident with injury 2/21/2023 230221-CFA00270 00:08:04 1206 LA SALLE AVE 3 Rescue or EMS standby 2/14/2023 230214-CFA00241 00:06:00 DEL MONTE BLVD CANYON DEL REY BLVD 2 Cover assignment, standby, moveup 2/24/2023 230224-CFA00297 00:00:57 HWY 1 CANYON DEL REY BLVD 2 5 0:09:35
Code 2 Calls 13
Code 3 Calls 59
72 Total Average Response Time 0:08:23
Total # of Incidents
23 02 CFA Activity Report.xlsx 3
District Response Number Average Response Time
Carmel-By-The-Sea 52 2:57
Carmel Highlands 6 13:14
Carmel Valley 2 26:48
Cypress Fire Protection 32 5:50
Marina 2 16:58
Mid Coast 1 18:13
Monterey 11 5:27
Pacific Grove 1 13:09
Pebble Beach 12 10:29
Seaside 5 9:35
Total Responses 124 12:16
Total Code 3 Calls: 48
CFA Code 3 Response Times Calls ≤ 5 minutes: 100%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
FEBRUARY 2023
Response Summary Report by District Type
Carmel-By-The-Sea
42%
Carmel Highlands
5%
Carmel Valley
1%
Cypress Fire Protection
26%
Marina
1%
Mid Coast
1%
Monterey
9%
Pacific Grove
1%
Pebble Beach
10%
Seaside
4% Carmel-By-The-Sea
Carmel Highlands
Carmel Valley
Cypress Fire Protection
Marina
Mid Coast
Monterey
Pacific Grove
Pebble Beach
Seaside
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\CFA Reports\23 02 CFA Response Summary.xlsx 3/6/2023 Police Records Request Log
February 2023
14-Day
Ext. Date
Date
Completed by
PSO
Requestor Info Requested Status Date & PSO Mailed
2/10 DNA Lana Ushakoff CG2200486 report not complete letter mailed 2/10 2/8 DA Lexis Nexis CFS 011220230017 completed mailed by DA 2/11 DA Philip Finnerman CG2300026 completed
redacted report awaiting
release at front counter by
DA
Louise Wood CG2200573 report &
photos completed mailed by DA
2/10 DNA Todd Knapp CG2300060 completed picked up
2/11/22 DA George Rabe CG2300062 completed mailed by DA 2/11 DA Lexis Nexis Accident Report No report mailed by DA 2/11 DA Lexis Nexis CA2300033 completed mailed by DA
2/11 DA Lexis Nexis CG2300037 completed mailed by DA
2/11 DA Lexis Nexis Accident Report No report mailed by DA 2/11 DA Lexis Nexis Accident Report/Stolen
Vehicle No report mailed by DA, possible occd in Los Angeles 2/27/2023 2/15 DA Catherwood, Lisa CC2300041 completed mailed by DA 2/26/2023 2/13/2023 Kuhnen, Todd CFS, 01/12/2023,CAD 17 Completed Mailed 2/15 DA Lexis Nexis CA2300031 completed mailed by DA
2/15 DA Lexis Nexis CA2300048 completed mailed by DA
2/15 DA Lexis Nexis CG2300034 completed mailed by DA
2/15 DA Lexis Nexis CA2300048 completed mailed by DA
2/16 DA Jennifer Nobis CG2300037 completed picked up
2/25/2023 Lexis Nexis CA2300056 completed mailed by DA
2/25/2023 Metropolitan Report
Bureau
23-00561 completed/no report mailed back and referred
to MCSO
2/25/2023 Katherine Bennett CC2300048 completed mailed by DA 02/27/23 mw Ando Masa CC2300072 completed Mailed by MW
Attachment 3
City Clerk PRA Log
February 2023
request
number
Date
Requested
10-day
response
date
records requested requestor
date
completed notes
2023-15 2/6/2023 2/16/2023
City's comprehensive
annual financial report for
FY ending June 30, 2021 Andy Duarte 2/6/2023
link to online records
sent
2023-16 2/6/2023 2/16/2023
Planning and Building
permits for San Antonio 3
SW of 13th, Carmel, CA
(APN: 010-293-004) from
2020 to present
Hansen Reed, Esq.

Walker & Reed 2/7/2023 link to online records sent by CPB 2023-17 2/6/2023 2/16/2023 City Attorney Brian Pierik's contract Christy Hollenbeck 2/8/2023 records sent
2023-18 2/6/2023 2/16/2023
Legal bills and invoices for
Brian Pierik. Bail Karich, and
BBK, 7-14-22 to present re:

Drafting Wireless Ordinance
Christy Hollenbeck 2/22/2023
sent email to requester
to clarify request,
extended deadline to
2/27/2023. Sent
response to requester
on 2/22/2023 (no
responsive documents)
2023-19 2/6/2023 2/16/2023
legal costs to date for
drafting the operation and
maintenance agreement for
the Scout House
Christy Hollenbeck 2/16/2023 sent response
2023-20 2/14/2023 2/24/2023
Tree or shrub permits issued
for Lincoln 2 NW of 9th,
between 2009 to present
Don Rose 2/15/2023
records sent. Sent
additional permit
issued 2019 on 3/6/23
2023-21 2/14/2023 2/24/2023
2022 Employee
compensation (wages,
benefits, OT, etc)
Mary Schley 3/29/2023
pending - extended
deadline to 3/10/2023,
extended deadline to
3/31/2023. Records sent
3/29/23
2023-22 2/15/2023 2/27/2023

1. Property and Casualty
insurance renewal summary
for all lines of insurance
purchased by the city
(general liability, auto,
workers comp, professional,
directors, and officers) that
sumarizs the insurance
terms, limits, deductibles,
premium, and exclusions. 2.

Copy of the last employee
benefits insurance renewal
summary for health, dental,
vision plans sponsored by
the City.

Public Records,
Allium Data
(publicrecords@alliu
mdata.com)
3/9/2023
pending reviewextended deadline to
3/14/2023. Records
Sent 3/9/2023
Attachment 3
request
number
Date
Requested
10-day
response
date
records requested requestor
date
completed notes
2023-23 2/23/2023 3/6/2023
BBK and Telecom accounts
payable detail, check by
date from Oct. 2022 -Jan.
2023
Michael McWalters 3/2/2023, &
3/14/2023
sent records - Oct. 2022-
December 2022 a/p
checks paid. Jan.-Feb
2023 sent 3/14/23
2023-24 2/28/2023 3/10/2023
See email, any and all
records pertaining to Ocean
Avenue 4 NE Guadalupe
Street, Carmel-by-the-Sea,
California with APN: 010-033-
011.

Alondra Valdez Klemek,
Paralegal, Walker &
Reed, PC
3/23/2023
property files not
scanned, sent msg to
Planning. Sent msg to
requestor regarding
clarifiation on 3/6/23.

Sent email to requester
regarding paper files
ready to view by appt.,
and communications
request deadline
extended to 3/24/2023.

Appt. made for 3/23/23
to view property files.
2023-25 2/28/2023 3/10/2023
"all the records and
documents that the Roses
provided to the City in order
to obtain Tree Removal
Permit #18146, Receipt 2473
approved 5.21.2019
including application for
permit with a site plan, and
any other records or
documents pertaining to
this permit
David Hutchings 3/6/2023 records sent
2023-26 2/22/2023 3/6/2023

1.Minutes - Forest and
Beach Commission’s
March 12, 2020 meeting,
2-6. Emails between Sara
Davis and Joni Janecki,
and Toni Lombardi
regarding an agreed upon
plan for the public right
of way fronting 4 North
San Antonio on specific
dates (See email)
Mark O'Connor 3/21/2023
sent FB minutes on
3/8/2023. requested
extension to 3/20/23
for emails per GC
7922.535(c)(4), pending
legal review. Records
sent on 3/21/2023.

Attachment 3

CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Works Department
February 2023
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: March 1, 2023
APPROVED BY: Chip Rerig, City Administrator

City Council Meeting of February 7, 2023
• Adopted Resolution 2023-013, declaring six City vehicles as surplus and authorizing their sale at public auction. Total value is estimated at $27,000.
• Adopted Resolution 2023-014, approving Amendment No. 1 to the Professional Services Agreement with Ten Over Studios, for a fee not-to-exceed $78,900, for architectural and engineering services associated with five facility renovation projects.
• Adopted Resolution 2023-015, approving Purchase Orders to John Ley’s Tree Service and Tope’s Tree Service, in the amounts of $50,000 and $40,000 respectively, for storm-related tree removals and tree debris clearing.
• The Police Building Project’s Ad Hoc Committee received full Council approval to authorize staff to issue a Request for Proposals (RFP) for architectural services, for firms with expertise in Police operations and facilities design, to conduct a thorough code, operational, safety, and deferred maintenance evaluation of the Police building.

Planning Commission Meeting of February 8, 2023
• Approved a Coastal Development Permit for the Mission Trail Nature Preserve (MTNP) Well Abandonment, and Tank/Pump House Removal Project, subject to certain environmental conditions. • Approved a Coastal Development Permit for the MTNP – 3 Drainage Project, which includes piping, a hardened swale, and a short, elevated boardwalk, subject to certain environmental conditions. • Notices of Exemption for both MTNP Projects were filed and recorded.

Forest and Beach Commission Meeting of February 9, 2023 • Horticulture professor Alan Wheat introduced an alternative landscaping design for the Ocean Avenue Median Islands, as a public comment. This item will return to the Commission for detailed review. • Due to a medical emergency by the Applicant’s attorney, the Public Hearing for TR 23-017 (Purcell & Tutelian), regarding hedges along San Antonio Avenue southwest of Second Avenue, was postponed to a date uncertain.
• Representatives of the Leadership Carmel class of 2023 introduced two potential Legacy Projects:
improvements to memorials at Devendorf Park, and play equipment at Forest Hill Park. Based on initial feedback, the Applicant will return for approval at the March meeting. • Presented the Forester’s and Public Works Reports for January 2023.

Attachment 4
Public Works Department Report – February 2023

City Council Special Meeting of February 21, 2023
• Public Works received a $370,000 supplemental budget allocation, predominantly to cover additional Facility Maintenance contract services and materials ($187k), storm recovery expenses ($100k), and Environmental Compliance services ($28k).

Traffic Safety Committee Meeting of February 28, 2023
• Reviewed Monterey Salinas Transit’s request to remove 4 parking stalls in front of bus stops at N/E Junipero Street & Fourth Avenue and N/E San Carlos Street & Ninth Avenue, and a request for a red curb at the Rio Road & Lasuen Drive bus stop. The red curb on Rio Road was approved. Further review, mapping, and discussions with adjacent businesses will be conducted for the remaining sites. • A decision regarding an Applicant’s request to install a wooden fence along the west side of Carpenter Street, 2 NW of First Avenue, was deferred pending a speed study and discussion with Monterey County regarding potential speeding concerns along Carpenter Street north of the City Limits. • Reviewed traffic and parking issues along Dolores Street, between Vista and First Avenues, particularly during drop off and pick up of students at Stevensen School. Representatives of the school provided excellent comments about their efforts to reduce impacts to date. Code Enforcement to address neighboring property’s efforts to block parking in the public right-of-way, and Public Works and the School will evaluate signage for alternative routes for drivers not needing to go to the school during drop off times, and potentially other signs and/or street markings, to reduce impacts. • Denied a request to make the south curb along Fourth Avenue, between San Carlos and Dolores Street, a no parking zone.
• Denied a request to reinstall a wooden railing, removed years ago, on the east side of Dolores and Third Avenue. Applicant advised to submit for a permanent encroachment permit if so desired. • Approved a request to install one, 25 mph speed limit sign on Santa Lucia, just north of Rio Road. • Introduced and preliminarily-reviewed Assembly Bill 1909: Bicycle Omnibus Bill, related to increasing permitted uses of e-bikes, effective January 1, 2024, unless otherwise restricted by future ordinance.

Administration
• Environmental Compliance Manager Agnes Martelet left the City on February 7th, and City Forester Sara Davis left on February 15th. Both positions have been posted for recruitment. • Project Manager Javier Hernandez started with the City on February 16th. Initial projects include: Rule 20A Undergrounding, Coastal Engineering Study, MTNP – 3 Drainage Project, Wave Broadband permitting, and EV charging stations at the Vista Lobos Parking Lot. • Provided documentation for FEMA reimbursement, related to out of pocket expenditures to date ($119k), staff costs to date ($64k), and anticipated future costs ($400k) associated with infrastructurerelated recovery from the January storms. • Finalized the Operations and Maintenance Agreement, prepared by the City Attorney’s office, and a Site Lease, for the upcoming RFP for the Scout House Project. • Prepared a Council report for the March 7 meeting to review the San Carlos Median Islands, Bike Route, and Paving Project, with a recommendation to remove the medians from the Project. • Reviewed the proposed Hofsas House redevelopment project, and introduced potential conditions of approval at a Development Review meeting with the Applicant. • Began to compile project requests for the Fiscal Year 2023/24 Capital Improvement Program.

Environmental Programs
• Continued planning for Earth Day/Arbor to be held on April 22nd in Devendorf Park. • Continued working with Save the Whales and CSUMB students regarding the dog waste campaign. • Posted information pertaining to the Resilient Central Coast Campaign, sponsored by Ecology Action, in the Friday Letter.
• Researched benefits and budgetary costs for the City to join the Green Business Network to support SB 1383 compliance (waste reduction/recycling) and Climate Action Plan measures.

Attachment 4
Public Works Department Report – February 2023

• As a member of the Plastic Pollution Coalition, attended a Community-Based Social Marketing Workshop. CBSM utilizes social psychology to implement behavioral change related to environmental initiatives.

Facility Maintenance
• For Storm Recovery: finished repairs of 16 of the 17 roof leaks resulting from the January storms. Only one costly roof repair remains at Forest Theater.
• The electrical contractor substantially completed reconstruction of electrical switches in the back of the Public Works Garage with new, waterproof panels.
• A structural engineer provided a general analysis of the condition of the combined Police/Public Works building and recommended repairing all leaks to maintain long-term structural integrity of the facility. • For the front Public Work Office renovation, old paneling was removed, walls were patched and painted, and new, refurbished modular furniture was installed. Staff is moving back in as time permits. • Repaired door knobs, sink, and exhaust fan in the Fire Station. • With funding approved with the supplemental mid-year budget allocation, initiated vendor purchase orders to repair a broken sewer pipe at Flander’s Mansion, install EV charging connections at the north driveway of City Hall and in the Public Works garage, and repair the concession counter at Sunset Center.

Project Management for Capital Improvement Program
Wallace Group Projects:
• For the Concrete Streets Repair Project, Notice to Proceed was issued to BKF Engineers, and the consultant performed field surveying and mapping, obtained utility information, and began to develop 30% design plans of alternative street repair treatments. • For the MTNP Well Abandonment and Water Tank/Pump House Removal Project, technical specifications and environmental exhibits were substantially completed, and bid documents are being compiled. Construction is anticipated to begin this summer. • The Storm Drain Master Plan Update, by Schaaf & Wheeler Consulting Engineers, was presented to staff. The analysis of accommodating 20-year storm events (due to Climate Change), rather than 10- year storm events, as most of the drainage infrastructure in the City was designed, results in some additional pipe enlargements and an increased need for peak flow retention along Junipero and/or in MTNP, but otherwise does not impact much else of the City-wide storm drainage system.

Ausonio, Inc. Projects:
• For the City Hall Retaining Wall Repair Project, the Project was advertised for bids, and a pre-bid meeting was held on February 23rd. The Bid Opening is scheduled for March 16th. • For the combined City Hall Roof Replacement, Harrison Memorial Library (HML) Exterior/Interior Painting, Sunset Center Exterior Painting, and Cottage Windows Repairs Projects, a kickoff and several progress meetings were held with Ten Over Studios. The architectural team toured these facilities and developed insightful recommendations for these renovations. • However, for the HML generator, there does not appear to be a solution that meets building code requirements without costly modifications to a stone wall and planter area in front of the building. An alternate battery back-up system for the IT servers in the HML basement is also being evaluated.

4 Leaf Projects:
• For the Police Building Project, following approval from the City Council on February 7th, the RFP to hire an architectural firm, with police building expertise, was finalized, existing plans were made available, and the RFP was advertised. Courtesy notices were also sent to numerous architects.

Attachment 4
Public Works Department Report – February 2023

Approximately 12 consultants attended the mandatory Pre-Proposal Meeting and Site Tour on February 28th. Proposals are due on March 14th.

Additional CIP Projects:
• For the Coastal Engineering Study Project, reviewed the preliminary results of Task 1 – Coastal Engineering Condition Evaluation, with Integral Consultants and Haro Kashunich. Preliminarily, there are only a few repairs needed on the 11 existing sea walls, several of the 6 rock revetments will need to be reconstructed, and most significantly, most of the 11 beach access stairs will need to be repaired or reconstructed. Task 1 findings will be presented at the March 9th Forest and Beach Commission meeting.

Street Maintenance
• For Storm Recovery: finished filling in potholes, and repairing fallen traffic signs and damaged fencing. • Installed Visit Carmel’s new campaign, “Love Carmel Like a Local,” banners along Ocean Avenue and 3-dimensional carved wooden signs on the sides of newspaper racks. • Met with NCE, the consultant who recently performed the City-wide Pavement Condition Survey, to review the survey results, update the “Street Saver” computer program to include alternative pavement rehabilitation strategies, update unit costs, and plan for future year repaving projects. For the prior survey performed in 2018, our City-wide Pavement Condition Index was 78 - the highest in Monterey County. Since we have not completed paving projects in the past couple of years due to the Pandemic, our overall PCI slipped slightly down to 75, as expected. However, of the other local cities surveyed in 2022, we are still #1! • The Public Works Superintendent resumed supervision of forestry field crews upon the vacancy of the City Forester.
• Began to prioritize the removal of numerous tree stumps and differentiate the list of stumps to be removed by staff, vs. minor, relatively less costly stumps to be removed by tree contractors, and finally, the largest stumps that will be most costly and deferred until budget allows. Focus will be on reducing the backlog and prioritizing stump removals in the downtown area. • Made repairs to damaged post and cable fencing in the North Dunes. • Continued with the Annual Sidewalk Survey and making priority sidewalk repairs.

Forestry Parks and Beach Report (Forestry Report)
• For Storm Recovery: John Ley’s Tree Service and Tope’s Tree Service substantially completed January storm-related emergency tree removals and tree debris hauling. • Six bid proposals were received at the public Bid Opening held on February 14th for On-Call Tree Care Services Contracts. These contracts include the option for the City to retain a qualified consulting arborist, as well as to perform tree planting, watering, pruning, removal, and stump grinding services.

Recommendations to award contracts to three firms, Community Tree Service, Tope’s Tree Service, and West Coast Arborists, are scheduled for the March 7th City Council meeting. • PG&E and City Forestry staff have continued working in tandem to identify trees in the public right-ofway which are in poor condition and in close proximity to power lines, posing a potential electrical and/or fire hazard if affected by strong storms. As a result, trees marked for PG&E removal display a yellow placard, and will be removed by Community Tree Service, under contract to PG&E, in the coming weeks. These trees have been assessed by our consultant arborist, Justin Ono, and/or Forestry staff. Up to 29 trees are planned for removal at this time. • 20 new trees were planted in February!
• Davey Resource Group, the consultant who is preparing the Urban Forest Master Plan, continues to collect inventory data.

Attachment 4
Public Works Department Report – February 2023

• The grand total of calls, voicemails, and emails received by Public Works with Forestry-related matters between January 1 and February 28 is estimated to be 1,116, of which 327 have been resolved.
• Justin Ono of Ono Consulting has been providing consulting arborist services on a part time basis.

Temporary help is also being scheduled with a staffing agency to support data entry efforts associated with Tree Permits.
• The Ocean Avenue Pathway, between Carpenter and Junipero Streets, was spruced up. The work included pruning trees and hedges, removal of invasive ivy and Acacia tree seedlings, weed whacking, sight clearance for stop signs, removal of debris, and spreading fresh mulch. • Continued to coordinate with Leadership Carmel regarding their proposed Legacy Project in Forest Hill Park. This will be submitted for approval at the March 9th Forest and Beach Commission meeting. • Twenty-eight (28) potential Task Orders were prepared and issued to Town & Country for pricing. Once these Task Orders are approved, it will cover ongoing landscape maintenance tasks for the balance of this Fiscal Year.
. Private and Development Activities
Historic Permitted Removals and Required Planting

Attachment 4
Public Works Department Report – February 2023

City Forestry, Parks, and Beach Activities

Attachment 4
Public Works Department Report – February 2023

Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: February 2023 Check Register Summary
RECOMMENDATION:

Approve the check register for February 2023.

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 February 2023.

FISCAL IMPACT:

The check register summary for February 2023 totals $955,258.30.

PRIOR CITY COUNCIL ACTION:

Council ratified the January 2023 check register at its March 7, 2023, regular meeting.

ATTACHMENTS:

Attachment 1) February 2023 Check Register Summary
February 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
50654 Dept of Health Care Services-Accounting/Cashiers GEMT QAF Current fiscal year 02/10/2023 17,955.12 50703 Monterey County Convention & Visitors Bureau TID Remittance Nov-Dec 2022 02/17/2023 38,306.07 50710 Visit Carmel CHID Remittance Nov-Dec 22 02/17/2023 248,550.58 Total for Department: 000 ___ 304,811.77
Department: 110 City Council
50634 League of California Cities Membership calendar year 2023 02/03/2023 2,786.00 50660 Karen Ferlito Reimburse for lecture ticket:Cal Housing Crisis 02/10/2023 27.72 50666 Peninsula Messenger LLC Mail service sorting and delivery 02/10/2023 5,229.00 50673 US Bank Cal Chamber of Commerce ticket event expense 02/10/2023 752.23 50700 League of California Cities-Monterey Bay Division Monterey Bay Division Membership dues 02/17/2023 300.00 Total for Department: 110 City Council 9,094.95
Department: 111 City Administration
50622 Alhambra Water service City Hall 02/03/2023 99.92 50623 AT&T Telephone service citywide 02/03/2023 3,031.00 50626 City of Foster City Calopps Recruitment services 02/03/2023 540.00 50630 Digital Deployment Website support agreement:Maint, training, security and updates 02/03/2023 700.00 50635 Liebert Cassidy Whitmore Mty Bay Emp Relations Consortium with Library subscription 02/03/2023 4,850.00 50637 Office Depot, Inc. Office supplies - Finance and Admin 02/03/2023 408.06 50641 Sprint Cell service fees, usage and purchases 02/03/2023 29.99 50642 T-Mobile Monthly cell service, usage and purchases 02/03/2023 1,468.04 50644 US Bank IT monthly subscriptions & storage fees 02/03/2023 1,919.10 50644 US Bank Metrofax Subscription 02/03/2023 11.95
50644 US Bank IT Telephone expense - Junction Networks, Inc. 02/03/2023 1,977.49 50644 US Bank IT Equipment & Supplies - Sticker Mule, Amazon, Costco 02/03/2023 825.87 50644 US Bank HR Training 02/03/2023 229.00
50644 US Bank Finance Software training expense 02/03/2023 900.00 50644 US Bank NYT digitial subscription 02/03/2023 17.00 50644 US Bank Admin meeting expense 02/03/2023 62.50
50644 US Bank Admin meeting expense 02/03/2023 175.59
50644 US Bank NYT Digital subscription 02/03/2023 17.00 50644 US Bank IT training expense 02/03/2023 75.00
50645 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 02/03/2023 509.44 50649 Carmel Pine Cone Legal noticing 02/10/2023 472.50 50651 City of Del Rey Oaks Lunch 1/20/23 02/10/2023 30.00 50652 Code Publishing Company Municipal code updates, electronic, web and paper 02/10/2023 830.00 50657 Image Sales Employee ID Badges 02/10/2023 22.83
50658 Iron Mountain Records storage service 02/10/2023 503.51 50663 Office Depot, Inc. Office supplies - Finance and Admin 02/10/2023 43.30 50667 Robert Half Temporary payroll assistance services 02/10/2023 19,260.34 50669 Southern Computer Warehouse 1 APC Smart Rack/Tower 02/10/2023 3,500.85 50672 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 02/10/2023 2,318.00 50673 US Bank Form W-2 and 1099 supplies 02/09/2023 280.00 50673 US Bank Clerk and council misc expenses 02/10/2023 505.71 50674 Verizon Wireless Cell phone usage and sales 02/10/2023 326.98 50676 YourMembership.com, Inc Recruitment posting on California Library Association website - 02/10/2023 199.00 50690 Carl Warren & Company 13% Recovery fee/ K Lambert Claim 3034418 02/17/2023 4,030.00 50692 Comcast Business NonNGEN internet and recurring charges 02/17/2023 644.82 50693 Copies By-The-Sea Agenda printing services 02/17/2023 190.62 50696 DocuSign, Inc eSignature Entreprise Pro Edition 02/17/2023 4,995.90 50698 Image Sales Employee ID Badges 02/17/2023 24.21
50699 J 4 Systems Billable services for Systems Engineer 02/17/2023 1,480.00 50701 Minuteman Press Envelopes, stationary, business card and business license form p 02/17/2023 138.83 50704 Office Depot, Inc. Office supplies - Finance and Admin 02/17/2023 16.38 50706 Robert Half Temporary payroll assistance services 02/17/2023 4,394.40 50708 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 02/17/2023 2,318.00 50709 US Bank Form 1099 supplies - Staples 02/17/2023 38.77 50709 US Bank Council retreat lunch expense 02/17/2023 718.31 50709 US Bank IT Equipment 02/17/2023 720.16
50709 US Bank CA Meetings expense 02/17/2023 487.87
50709 US Bank NYT Digital subscription 02/17/2023 17.00 50709 US Bank Employee Appreciation Expense - ROAM 02/17/2023 1,328.16 50718 Carmel Pine Cone Legal noticing 02/27/2023 754.00 50722 Comcast City Hall business cable service 02/27/2023 73.46 50723 Corbin Willits System MOM Financial system monthly fee 02/27/2023 720.79 50739 Image Sales Employee ID Badges 02/27/2023 22.83
Attachment 1
50742 J 4 Systems Billable services for Systems Engineer Fy 22-23 02/27/2023 6,630.00 50744 Jeffrey's Grill and Catering City Staff Appreciation lunch expense 02/27/2023 2,932.00 50758 Robert Half Temporary payroll assistance services 02/27/2023 4,394.40 50766 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 02/27/2023 6,954.00 50767 US Bank Sandwiches for mtg. w/ City Counc. & Ad Hoc Committee 02/27/2023 58.26 50768 Verizon Wireless Cell phone usage and sales 02/27/2023 1,313.22 50769 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 02/27/2023 220.00 Total for Department: 111 City Administration 91,756.36 Department: 112 City Attorney
50647 Best Best & Krieger, Attorney At Law Legal fees:Telecommunications issue, Verizon litigation 02/10/2023 23,551.00 50689 Burke,Williams & Sorensen, LLP City Attorney services-Personnel 02/17/2023 15,874.50 50707 Sloan Sakai Yeong & Wong Legal services 02/17/2023 253.00 Total for Department: 112 City Attorney 39,678.50
Department: 115 Community Planning & Building
50656 IAMP Pro Audio/Anthony J. Nocita Meeting audio/visual services 02/10/2023 2,548.00 50727 CSG Consultants, Inc. FY 22-23: Building Dept. - Plan Review Svcs. 02/27/2023 301.50 50728 De Lage Landen Financial FY 22-23: Planning Dept. - Financial Svcs. 02/27/2023 212.22 50732 Engineered Fire Systems FY 22-23: Fire Inspection Plan Reviews 02/27/2023 437.50 50734 FedEx FY 22-23: Planning Dept. - Shipping Fees, Volume Studies 02/27/2023 27.70 50740 Iron Mountain Scanning & Digitizing Property Files - Storage 02/27/2023 1,029.57 50741 IWORQ PAYP - Payment Processing (Payroc) 02/27/2023 13,125.00 50745 Margaret Clovis NIELSEN BROS. MARKET MAP BOARD 02/27/2023 1,320.00 50751 Office Depot, Inc. Office Supplies, INV#286653490001 (split btw. accts) 02/27/2023 91.96 Total for Department: 115 Community Planning & Bu 19,093.45 Department: 116 Police
50628 Comcast PD Cable services 02/03/2023 268.83
50639 Proforce Law Enforcement Replace duty firearms-Police Dept 02/03/2023 6,559.97 50640 San Diego Police Equiptment Co Inc 9mm Sim rounds - Safety supplies 02/03/2023 1,663.75 50643 Uretsky Security Professional services: Background investigations for PD 02/03/2023 1,322.50 50644 US Bank PD Training-Behavioral Analysis 02/03/2023 100.00 50644 US Bank PD Training-Seminar 02/03/2023 459.00
50644 US Bank PD Office supplies 02/03/2023 139.19
50650 Carmel Towing & Garage PD Misc auto repairs and maint 02/10/2023 4,144.16 50662 Motorola Solutions Credit Co. LLC PD Radio Service 11-21-22 to11-20-2024 02/10/2023 1,620.00 50663 Office Depot, Inc. Police Dept office supplies 02/10/2023 576.41 50670 T2 Systems Canada Inc. PD:Digital iris services 02/10/2023 75.00 50671 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support and d 02/10/2023 10.82 50673 US Bank PD Uniform expense 02/10/2023 139.19
50673 US Bank Seniors Helping/CERT expenses 02/10/2023 523.68 50673 US Bank PD Safety Equipment 02/10/2023 1,398.36
50673 US Bank PD Office supplies 02/10/2023 164.97
50673 US Bank PD Equpment maint expense 02/10/2023 114.13 50687 Alhambra Water service Police Dept 02/17/2023 178.72 50691 Comcast PD Cable services 02/17/2023 62.29
50694 De Lage Landen Financial Police Dept copier lease 02/17/2023 169.79 50695 Department of Justice/Accounting Office PD:Fingerprinting services 02/17/2023 96.00 50709 US Bank PD Expenses Safety equipmemt 02/17/2023 2,005.87 50722 Comcast PD Cable services 02/27/2023 268.84
50724 County of Monterey, Dept of Emerg Communications Service costs 911 Dispatch and other services 02/27/2023 10,585.00 50725 Creative Services of New England Junior officer star badges/Gold & blue foil 02/27/2023 370.95 50747 Monterey Tire Service Inc PD-New tire purchase and installation 02/27/2023 621.59 50764 Transunion Risk & Alterna PD: Monthly fee for information services 02/27/2023 90.20 Total for Department: 116 Police 33,729.21
Department: 117 Fire
50622 Alhambra Water service Fire Dept 02/03/2023 165.16 50627 City Of Monterey FY 22-23 Fire Dept vehicle repairs 02/03/2023 241,639.70 50636 Mission Linen Service Fire Dept laundry service 02/03/2023 121.09 50646 American Supply Company Housekeeping supplies-Fire Dept 02/10/2023 140.82 50650 Carmel Towing & Garage Fire Dept gas expense (E15) 02/10/2023 945.77 50661 Mission Linen Service Fire Dept laundry service 02/10/2023 121.09 50702 Mission Linen Service Fire Dept laundry service 02/17/2023 242.18 50713 Alhambra Water service Fire Dept 02/27/2023 167.96 50724 County of Monterey, Dept of Emerg Communications Service costs 911 Dispatch and other services 02/27/2023 6,059.00 50746 Mission Linen Service Fire Dept laundry service 02/27/2023 121.09 Total for Department: 117 Fire 249,723.86
Attachment 1
Department: 118 Ambulance
50624 Bound Tree Medical LLC Medical supplies 02/03/2023 2,083.24 50627 City Of Monterey FY 2022-23 Ambulance-Overtime reimbursment for staffing Mty Fire 02/03/2023 14,277.68 50631 Dr. James Stubblefield, MD, Inc Annual contract:Medical director Fire Agency Provider Controlled 02/03/2023 7,000.00 50632 Isaac Eckel Reimburse for CAEMSA license 02/03/2023 250.00 50650 Carmel Towing & Garage Amb Dept gas expense (7166) 02/10/2023 1,119.47 50653 De Lage Landen Financial Ambulance Copier lease 02/10/2023 71.01 50675 Wittman Enterprises, LLC Ambulance billing service 02/10/2023 2,873.83 50688 Bound Tree Medical LLC Medical supplies 02/17/2023 1,221.97 50733 Entermann-Rovin Co Replacement badges 02/27/2023 151.58 Total for Department: 118 Ambulance 29,048.78
Department: 119 Public Works
50655 Granite Rock Company Supplies for PW 02/10/2023 1,992.65 50659 John Ley's Tree Service Tree work as directed by City Forester-Storm 2023 02/10/2023 19,575.08 50668 Scarborough Lumber & Building FACILITIY MAINT DIVISION - Hardware supplies 02/10/2023 5.16 50673 US Bank Supplies for FM - Uline 02/10/2023 535.80 50673 US Bank Supplies for FM - Home Depot 02/10/2023 399.35 50712 Ailing House Pest Control City Wide Pest Control 02/27/2023 354.00 50713 Alhambra Water for PW Department FY 21/22 02/27/2023 875.84 50719 Carmel Towing & Garage PW Streets - Fuel for PW vehicles 02/27/2023 3,197.10 50720 Cintas Corporation PW Uniform Service 21/22 FY 02/27/2023 327.78 50728 De Lage Landen Financial PW Copier monthly lease- 02/27/2023 410.80 50730 Edges Electrical Group Electrical supplies for City Facilities 02/27/2023 3,028.36 50735 Ferguson Enterprises, Inc. Plumbing supplies for city facilities 02/27/2023 560.02 50736 Golden State Portables Porta-Potties FT & Events 02/27/2023 3,186.57 50737 Granite Rock Company Supplies for PW 02/27/2023 305.48 50738 Hayward Lumber PW Streets - Supplies 02/27/2023 244.76 50748 Napa Auto Parts PW Streets - Vehicle Supplies 02/27/2023 474.90 50750 Nicole Nedeff On-call Biological Services for MTNP 02/27/2023 1,072.50 50752 Otis Elevatior Company HML Contract #SJM066500 02/27/2023 611.09 50757 Pureserve Building Service Janitorial services 02/27/2023 21,141.35 50760 Sentry Alarm Systems Alarm monitoring for City buildings 02/27/2023 708.15 50765 Uline Inc. PW Streets - Safety Supplies 02/27/2023 2,139.59 Total for Department: 119 Public Works 61,146.33
Department: 120 Library
50665 Pacific Grove Self Storage Storage Unit - Document storage 02/10/2023 353.00 Total for Department: 120 Library 353.00
Department: 121 Community Activities
50673 US Bank Supplies - Home Depot 02/10/2023 402.21
50697 Good Roots Events, Inc. Farmers' Market production costs - signage, bags, promotions 02/17/2023 12,900.00 50709 US Bank gift cards to thank Carmel VIP's for helping us with events 02/17/2023 200.00 50767 US Bank cord covers, speaker & cable, broom, storage bin 02/27/2023 791.88 Total for Department: 121 Community Activities 14,294.09 Department: 122 Economic Revitalization
50648 Carmel Chamber of Commerce Visitor Center operations support-current year 02/10/2023 30,250.00 Total for Department: 122 Economic Revitalization 30,250.00 Department: 130 Non-Departmental
50625 Cal-Am Water Company Closing bill 1015-210020645198 02/03/2023 92.05 50638 Pacific Gas & Electric Citywide gas & electric services 02/03/2023 15,727.34 50664 Pacific Gas & Electric Citywide gas & electric services 02/10/2023 1,795.47 50705 Prism Public Risk Innovation Gen Liability Program Q2 Oct-Dec 2022/Ded bill 21-22, 22-23 02/17/2023 14,892.72 50714 Alliant Insurance Services Public official bond 02/27/2023 315.00 50715 Cal-Am Water Company Water service citywide 02/27/2023 9,055.37 50754 Pacific Gas & Electric Citywide gas & electric services 02/27/2023 195.57 50756 Prism Public Risk Innovation Enterprise Risk Consultant Program-Wilmes Jan 23 02/27/2023 2,235.00 Total for Department: 130 Non-Departmental 44,308.52
Department: 311 Capital Projects
50633 IT Management Corp Cap project:Police dispatch renovation/IT reorg: Verkada Camera 02/03/2023 2,761.03 50717 California Dept of Fish & Wildlife Permit Fee Mission Trail drainage improvement 02/27/2023 4,294.25 50740 Iron Mountain Scanning & Digitizing Property Files: CIP - 123IT-PAPROPR / C 02/27/2023 509.01 50749 Neill Engineers Corp. MTNP drainage engineering project 02/27/2023 1,974.00 50759 Schaaf & Wheeler Civil Engineers Storm Drain Master Plan 02/27/2023 10,425.00 50762 SyTech Solutions Prof services: Digitalize planning records-123IT-PAPROPR / C 02/27/2023 19,028.74 Total for Department: 311 Capital Projects 38,992.03
Attachment 1
Department: 513 Veh & Equip Replacement
50753 Pacific Coast Trane Controls Sunset Center HVAC Emergency replacement. 02/27/2023 8,070.90 Total for Department: 513 Veh & Equip Replacement 8,070.90 Grand Total 955,258.30
Schedule of Contract Payments - February
Contract Amt Paid thru Feb Contract
Balance
$ 107,730.00 $ 9,789.00 $ 97,941.00
$ 2,839,443.00 $ 1,818,626.07 $1,020,816.93 Fire Admin
$ 38,840.70 $ 36,809.00 $ 2,031.70
$ 41,840.70 $ - $ 41,840.70
$ 250,000.00 $ 147,989.45 $ 102,010.55
$ 179,800.00 $ 22,832.50 $ 156,967.50
* FY2022-2023 Budget
4Leaf Inc.

J4 Systems (Expired Contract)
Vendor
Pen Messenger
City of Monterey *
J4 Systems (New Contract)
Pureserve *
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Acting Police Chief
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2023-031 authorizing the City Administrator to execute a 24-month service agreement with Flock Group Inc. for the lease of twenty-four (24) Falcon automated license plate reader (ALPR) cameras and six (6) Wing (ALPR) software overlays onto existing city cameras, for a year 1 cost of $77,900 and authorize the city manager to enter into a two-year renewal agreement to maintain the program, not to exceed $69,000 annually
RECOMMENDATION:

A motion to approve Resolution 2023-031 authorizing the City Administrator to execute a 24-month service agreement with Flock Group Inc. for the lease of twenty-four (24) Falcon automated license plate reader (ALPR) cameras and six (6) Wing (ALPR) software overlays onto existing city cameras, for a year 1 cost of $77,900 and authorize the city manager to enter into a two-year renewal agreement to maintain the program, not to exceed $69,000 annually.

BACKGROUND/SUMMARY:

EXECUTIVE SUMMARY
Police agencies have used cameras and Automated License Plate Reader (ALPR) technology to help solve crimes, especially when an automobile has been used. ALPR technology has continued to evolve and has become less cost prohibitive. Traditional ALPR systems included expensive fixed camera locations or mobile devices mounted on patrol cars. The Carmel Police Department currently uses mobile ALPRs for parking management and is now looking to expand this beneficial tool to fixed locations throughout the ingress and egress locations of the city.

BACKGROUND
The Carmel Police Department is constantly looking for new opportunities and cutting-edge technology to support our public safety measures. Some of the most proven effective preventative and investigative tools available to police departments are license plate reader cameras.

The Flock safety automated license plate reader (ALPR) system is a deployment of cameras throughout the city to serve as an additional investigative resource for the police department. The flock safety lease proposed here would include twenty-four (24) Falcon ALPR cameras and six (6) Wing software overlays on existing cameras. The twenty-four (24) Cameras would be strategically spread throughout the ingress and egress areas of the city. Flock safety’s camera system captures the date, time, location, license plate number, license plate state, vehicle details (type and color), as well as objects (bicycles). The vehicle also alerts the Police Department when the system identifies a stolen or wanted vehicle within second.

The key benefits of Flock Safety are that they charge an annual flat rate lease per camera of $2500, which is wireless, free of infrastructure set up, and has the option for solar or direct power. They also include a two-year warranty, criminal justice information services compliant cloud-based hosting, unlimited user licenses, ongoing software enhancements, camera set up, mounting, shipping, handling, and a cellular connection. The flock lease program prevents the city from being burdened with maintaining costly equipment at the end of the agreement, which could require replacement.

Flock safety provides a desirable approach to deploying ALPR cameras throughout the community. Unlike other fixed or mobile ALPR devices, the flock system provides the ability to cover more areas of the city with system maintenance provided by the vendor rather than the staff. The flock safety system is an allinclusive model for deploying the ALPR cameras within the ingress and egress areas of the city. There are several other differences between flock safety and other ALPR companies. Most notably, they are the only manufacturer and service provider that leases ALPR services. Compared to others, which require the purchase of equipment. The technology is also different because the falcon camera system captures motion and not just the license plate of the vehicle. Flock is also the only ALPR system partnered with Evidence.com which is our current evidence storage system for the police department.

It is believed that the entire peninsula is either exploring Flock Safety or has signed contracts for Flock Safety to be installed in their cities to assist with crime prevention. Due to multiple surrounding police agencies investing in flock safety, Carmel would benefit from sharing and accessing data from other cities should a crime take place. Flock Safety would only be used for criminal investigations and serve as a deterrent to crime. Flock Safety does not share data, and all data is only retained for 30 days. Data would only be used for crime vehicles that are uploaded to the database and when investigating crimes. The system does not capture occupants in vehicles or obtain personal information. Once purchased, we will implement a policy to support the program and the privacy of those not associated with crimes. Flock safety has data that indicates significant reductions in violent crime throughout the nation.

The Carmel Police Department will not share any data with law enforcement agencies for purposes outside of solving criminal activity or locating vehicles on the “hotlist” (stolen cars, missing persons, crime vehicles).

The system is not designed to capture human beings, nor will the system be used for random checks of vehicles. All inquiries and entries into our system will be login protected an officer must identify who they are and why they are checking data in the system. We will only maintain data in the cloud for 30 days and we will not authorize Flock Safety to share our data. The intention is to keep Carmel safe through objective, fair, and ethical measures.

The price for Flock Safety cameras will increase in April 2023 from $2500 per camera to $3000. We recommend City Council approve a two-year contract to lock us at a lower rate before the price increase takes effect.

To continue our efforts to enhance the safety of our community, we strongly believe this technology will deter crime and assist our officers in responding to and solving crime in a more expedient manner.

FISCAL IMPACT:

Start-up cost with equipment and installation: $77,900.00 (24 solar-powered ALPR cameras and 6 software camera overlays on existing cameras). Annual program costs: $69,000 (after year 1). Funding Source: 101- 116-00-42104 General Fund Expenditures Police: Safety Equipment and Supplies.

PRIOR CITY COUNCIL ACTION:

On February 21, 2023, Council adopted the 22-23 FY mid year budget adjustment to cover the cost of ALPR cameras and software.

ATTACHMENTS:

Attachment 1) Resolution 2023-031
Attachment 2) Flock Safety FAQ's
Attachment 2) Flock Safety Sole Source Letter
Attachment 3) Flock Overview for Cities
Attachment 4) Flock Safety ALPR Privacy and Ethics
Attachment 5) Flock Group Inc. Agreement

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-031
RESOLUTION 2023-031 AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A 24- MONTH SERVICE AGREEMENT WITH FLOCK SAFETY GROUP INC. FOR THE LEASE OF TWENTY-FOUR (24) FALCON AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS AND SIX (6) WING (ALPR) SOFTWARE OVERLAYS ONTO EXISTING CITY CAMERAS, FOR A YEAR 1 COST OF $77,900 AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A

TWO-YEAR RENEWAL AGREEMENT TO MAINTAIN THE PROGRAM, NOT TO EXCEED $69,000 ANNUALLY
WHEREAS, Police agencies have used cameras and Automated License Plate Reader (ALPR) technology to help solve crimes, especially when an automobile has been used. ALPR technology has continued to evolve and has become less cost prohibitive; and WHEREAS, the Carmel Police Department currently uses mobile ALPRs for parking management and is now looking to expand this beneficial tool to fixed locations throughout the ingress and egress locations of the city; and
WHEREAS, Flock Safety Group is the only ALPR system that partners with Evidence.com, which is the current evidence storage system the Carmel Police Department uses. Flock manufacturer is also the only service porovider that leasees ALPR services, which will prevent the city from being burdened with maintaining costly equipment that would need replacement; and
WHEREAS, it is believed that the entire peninsula is either exploring flock Safety or has signed contracts for flock Safety to be installed in their cities to assist with crime prevention. Due to multiple surrounding police agencies investing in flock safety, Carmel would benefit from sharing and accessing data from other cities should a crime take place; and WHEREAS, to continue our efforts to enhance the safety of our community, we strongly believe this technology will deter crime and assist our officers in responding to and solving crime in a more expedient manner; and
WHEREAS, the Flock ALPR start-up cost with equipment and installation is $77,900.00 (24 solar-powered ALPR cameras and 6 software camera overlays on existing cameras). Annual program costs: $69,000 (after year 1), and the annual program costs $69,000; and WHEREAS, on February 21, 2023, Council adopted Resolution 2023-025, which approved a mid-year budget adjustment for FY 22/23 to cover the first year start up cost of $77,900 in fund 101-116-00-42104 for Police Safety Equipment and Supplies, which sufficient to cover the first year of the contract; and
WHEREAS, the annual renewal costs for the Flock Safety System ALPR program for $69,000 per year will be submitted in the budget for Council approval in FY 23-24 and subsequent years.

Attachment 1
Resolution No. 2023-031

Page 2 of 2 ends

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

Authorize the City Administrator to execute a Professional Service Agreement with with Flock Safety Group Inc. for the lease of twenty-four (24) Falcon automated license plate reader (ALPR) cameras and six (6) Wing (ALPR) software overlays onto existing city cameras, for a year 1 cost of $77,900 and authorize the city manager to enter into a two-year renewal agreement to maintain the program, not to exceed $69,000 annually.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 14th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
About Automatic License Plate Readers
(ALPR)
The Problem: Violent Crime Is Not Going Away
Nationwide, cities are experiencing a disturbing rise in homicides and violence. The FBI’s 2020 Crime Report shows a 30% increase in homicides from 2019 to 2020, the largest single-year increase recorded.

Over two-thirds of the country's most populous cities saw even more homicides in 2021.

Proactive - ALPR devices provide real-time alerts when a vehicle that is stolen or associated with a known suspect is detected.

Investigative - ALPR cameras help determine whether and which vehicle(s) were at the scene of a crime.

One Solution: Technology that Detects Objective Evidence to Clear More Cases Automated License Plate Readers (ALPR) capture computer-readable images of license plates and vehicles, allowing officers to compare plate numbers against those of stolen cars or wanted individuals on a crime database like the NCIC.

ALPR devices assist law enforcement in solving crime in two ways:

Is ALPR effective ?
According to the National Conference of State Legislatures, when employed ethically and objectively, ALPRs are an effective tool for law enforcement, cutting down on the time required for investigations and acting as a force multiplier. In 2011, a study by the Police Executive Research Forum concluded that ALPRs used by the Mesa, Ariz., Police Department resulted in “nearly 3 times as many ‘hits’ for stolen vehicles, and twice as many vehicle recoveries.”
Communities with ALPR systems report crime reductions of up to 70 percent. In some areas, that included a 60 percent reduction in non-residential burglaries, 80 percent reduction in residential burglary, and a 40 percent reduction in robberies.

Attachment 2
AMBER Alerts: License plate readers in metro Atlanta were able to find a vehicle containing a kidnapped one-year-old, who had been taken from his mother at random off the street. The child was recovered unharmed. Some ALPR systems integrate directly with the National Center for Missing and Exploited Children’s AMBER Alert system, sending real-time alerts to officers in seconds. [New information released about 1-year-old’s kidnapping]
Silver Alerts: Knoxville Police were able to locate a missing elderly man who suffers from dementia after he drove away in a family vehicle. ALPR technology has helped solve hundreds of Silver Alerts across the country. [Missing man with dementia found using Flock camera]
Firearm violence: The Las Vegas Trail, a high-crime area in Fort Worth, TX, saw violent crime decrease by 22% in 2021 compared with the first nine months of 2019.

Fort Worth Police attributed this drop partially to the license plate reader system implemented in the neighborhood during the same period of time. [Crime is down 22% in Fort Worth’s Las Vegas Trail. How neighbors and police made it safer] Organized theft: Grafton, a growing village with a bustling retail district, is dealing with increased organized retail theft — Two-thirds of all the crimes reported to Grafton police in 2020 were retail thefts. Grafton Police have implemented a license plate reader system to identify vehicles that have been involved in thefts or have been stolen themselves. In one week alone, they recovered three stolen vehicles with drivers planning to engage in retail theft. [Losses mount as retailers fight theft rings, accuse online storefronts of doing little to stop resale of stolen goods] ALPR Provides Objective Evidence While Protecting Privacy ALPR does not include facial recognition capabilities and does not capture personally identifiable information (PII). While eyewitnesses and individual officers are subject to inherent human bias, ALPR cameras capture wholly-objective images of vehicles and license plates, providing a clear and actionable investigative lead.

ALPR Use Cases Include:

Attachment 2
Sole Source Letter for Flock Safety™ ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.

The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:

1. Vehicle Fingerprint Technology™:
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
○ Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge

2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
○ Utilizes motion capture to start and stop recording without the need for a reflective plate
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Attachment 3
○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution

3. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured

4. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)

5. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Wing™ LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety Falcon™ ALPR cameras ○ Wing™ Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite ○ Access Wing™ Replay to unlock enhanced situational awareness with 7-day footage retention, Hot List Live Video Instant Replay, and downloadable MP4

6. Partnerships:
○ Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
○ Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon cameras
○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Attachment 3

7. Warranty & Service:
○ Lifetime maintenance and support included in subscription price ○ Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Attachment 3
Help your city reduce crime
with cameras that see like a detective
Flock Safety provides an affordable, infrastructure-free automatic license plate reading (ALPR) camera system for cities who want to reduce crime within a principled framework. Unlike traditional ALPR, Flock uses Vehicle Fingerprint™ technology to transform hours of footage into a searchable database to find the single piece of evidence needed, even when a license plate isn't visible.

Not your average security cameras
Infrastructure-Free and Discreet Design
With solar power and LTE connectivity, we
can install the devices almost anywhere.

And the beautiful design means it will blend
in with your city’s aesthetic.

Safety-as-a-Service
We install and maintain the devices, so you
can focus on running the city. That means
we will support you from procurement,
through permitting, and even preparing you
to present this project to the city council.

Vehicle Fingerprint Technology
Your officers can find vehicle evidence by
vehicle type, make, color, license plate
state, missing and covered plates, and other
unique features like bumper stickers,
decals, and roof racks.
“Flock Safety made my job easy. The system was up and running in just a few weeks, and has proven to help our police department find the evidence to solve more crime.”
City Manager in Ohio
Attachment 4
Join 2500+ cities using Flock Safety
to eliminate crime
“Flock Safety continues to enhance
and help our police department
capture these vehicles and return the
assets to their owners."
-Council member Josh McCurn of Lexington, KY
Public Safety Technology Built with Principles
You own the footage
We won’t share it or sell it. It’s 100% yours for your law enforcement to use to solve crime.

Protect resident privacy
All data automatically deletes by default every 30 days on a rolling basis and is encrypted with AES-256 encryption.

Promote transparency and accountability
Flock provides a transparency portal to share data with your community about how the devices work on an ongoing basis.

Flock requires an investigative reason to search and proactively provides an audit report to city leadership.

Clear pricing and infrastructure free
$2500 per camera / year. All the footage is stored in the cloud at no additional fee and there are no hidden costs.

Protect the Whole Community
It takes all community members working together to eliminate crime, which is why we created a public-private partnership that enables businesses, neighborhoods, schools, and others to partner with your city and police department to build your network.

Attachment 4
About Flock Safety ALPR
Privacy and Ethics Factsheet
Flock Safety data and footage is encrypted throughout its entire lifecycle. All data is securely stored with AES256 encryption with our cloud provider, Amazon Web Services.

On-device, data is only stored temporarily for a short time until it is uploaded to the cloud, at which point it is removed automatically from the local device.

This means the data is secure from when it is on the Flock Safety device to when it is transferred to the cloud, using a secure connection to Flock Safety servers. While stored in the cloud, all data (both footage and metadata) is fully encrypted at rest.

Flock Safety defaults to permanently deleting all data after 30 days on a rolling basis, setting a new standard in the industry.

Flock Safety’s customers own 100% of their data and determine who has access. Flock Safety will never share or sell the data, per our privacy policy.

With explicit written permission from the customer, Flock Safety does have the ability to grant law enforcement access to specific footage for a short period (24 hours, 48 hours, or however long the customer desires) in the event of an investigation following a crime. Access can only be granted through the approval of the customer.

Flock Safety has maintenance software in place to measure device performance and image capture quality. This is used to diagnose issues preemptively and schedule service calls in the event of a device malfunction or emergency.

How does Flock Safety keep devices and data secure?
Flock Safety holds itself to the highest level of security. We have implemented the following security policies and features:

Who has access to data collected by Flock Safety devices? Attachment 5
About Flock Safety ALPR
Privacy and Ethics Factsheet
Flock Safety stores footage for only 30 days on a rolling basis by default, after which the footage is automatically hard deleted. The only exception to this is if a democratically-elected governing body or official legislates a different data retention period.

While searching for footage or other evidence on the Flock Safety platform, law enforcement agencies must enter reason codes to verify the legitimacy of the search and create an audit trail.

Authorized users go through training to properly use our system and communicate with their dispatch teams.

Flock Safety customers commit not to use the data collected to work with third-party repossession companies, traffic enforcement, revenue collection, unpaid fines, or towing companies. We do not use facial recognition or capture any personally identifiable information such as name, phone number, or address, and we do not work with federal government agencies for immigration enforcement purposes.

Flock Safety’s ALPR Transparency Portal, an optional free feature for all law enforcement customers, is the first public-facing dashboard for law enforcement agencies, city leaders, and local government officials to share policies, usage, and public safety outcomes related to ALPR technology. The ALPR Transparency Portal helps promote transparency and accountability in the use of policing technology in order to build community trust while creating a safer, more equitable society.

How long does Flock Safety keep data?
What features do Flock Safety devices have that enable audits and oversight? Attachment 5
FLOCK GROUP INC.

SERVICES AGREEMENT

ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA – City of Carmel, Police Department
Legal Entity Name: City of Carmel by the Sea, a
municipal corporation
Contact Name: Jeff Watkins
Address:
4th Ave
Carmel by the Sea, California 93921
Phone: (831) 624-6403
E-Mail: [email protected]
Expected Payment Method:

Billing Contact:
(if different than above)
Initial Term: 24 months
Renewal Term: 24 months
Billing Term: Billing Term: Invoice Plan payment due
Net 30 per terms and conditions
Billing Frequency: 1 year invoices broken into 3
payments. 1st invoice: All professional
services/implementation costs and 50% of Annual
Recurring Subtotal. 2nd Invoice: 25% of Annual
Recurring Subtotal. 3rd Invoice: 25% of Annual
Recurring Subtotal. Annual payment at annual
subscription term date invoiced for the remainder
subscription term after initial 12 months.

Attachment 6
Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Standard Implementation Fee $350.00 24.00 $8,400.00 Professional Services - Advanced Implementation
Fee
$500.00 1.00 $500.00
Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 24.00 $60,000.00
Wing LPR $1,500 6.00 $9,000.00
Subtotal Year 1: $77,900.00
Subscription Term: 24 Months
Annual Recurring Total: $69,000.00
Estimated Sales Tax: $0.00
Total Contract Amount: $146,900.00
Attachment 6
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.

By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: CA – City of Carmel by the Sea By: By:

Name: Name:

Title: Title:

Date: Date:

Attachment 6

GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the government agency identified in the signature block of the Order Form (“Agency”) (each a “Party,” and together, the “Parties”).

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Agency upon the instructions of Non-Agency End User (as defined below) (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from Non-Agency End Users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, excluding Wing Replay which is deleted after seven (7) days. Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Permitted Purpose”).

AGREEMENT
NOW, THEREFORE, Flock and Agency agree that this Agreement, and any addenda attached hereto or referenced herein, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1.

1.1 “Advanced Search” means the provision of Services, via the web interface using Flock’s software applications, which utilize advanced evidence delivery capabilities including convoy analysis, multi-geo search, visual search, cradlepoint integration for automatic vehicle location, and common plate analysis.

1.2 “Agency Data” means the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage.

1.3 “Agency Generated Data” means the messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, other information or materials posted, uploaded, displayed, published, distributed, transmitted, broadcasted, or otherwise made available on or submitted through the Wing Suite.

Attachment 6

1.4. “Agency Hardware” means the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5. “Aggregated Data” means information that relates to a group or category of individuals, from which any potential individuals’ personal identifying information has been permanently “anonymized” by commercially available standards to irreversibly alter data in such a way that a data subject (i.e., individual person or impersonal entity) can no longer be identified directly or indirectly.

1.6 “Authorized End User(s)” means any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement.

1.7 “Deployment Plan” means the strategic geographic mapping of the location(s) and implementation of Flock Hardware, and/or other relevant Services required under this Agreement.

1.8 “Documentation” means text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.

1.9 “Embedded Software” means the software and/or firmware embedded or preinstalled on the Flock Hardware or Agency Hardware.

1.10 “Falcon Flex” means an infrastructure-free, location-flexible license plate reader camera that enables the Agency to self-install.

1.11 “Flock Hardware” means the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services.

1.12 “Flock IP” means the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.

1.13 “Flock Safety Falcon™” means an infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

1.14 “Flock Safety Raven™” means an audio detection device that provides real-time alerting to law enforcement based on programmed audio events such as gunshots, breaking glass, and street racing.

1.15 “Flock Safety Sparrow™” means an infrastructure-free license plate reader camera for residential roadways that utilizes Vehicle Fingerprint™ technology to capture vehicular attributes.

Attachment 6

1.17 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Agency Hardware in the course of and provided via the Services.

1.18 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e. NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.19 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined below.

1.20 “Installation Services” means the services provided by Flock for installation of Agency Hardware and/or Flock Hardware, including any applicable installation of Embedded Software on Agency Hardware.

1.21 “Non-Agency End User(s)” means any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.

1.22 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software applications for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.23 “Support Services” means Monitoring Services, as defined in Section 2.10 below.

1.24 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services.

1.25 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services, in accordance with the terms of this Agreement.

1.26 “Wing Suite” means the Flock interface which provides real-time access to the Flock Services, location of Flock Hardware, Agency Hardware, third-party cameras, live-stream video, Wing Livestream, Wing LPR, Wing Replay, alerts and other integrations.

1.27 “Wing Livestream” means real-time video integration with third-party cameras via the Flock interface.

1.28 “Wing LPR” means software integration with third-party cameras utilizing Flock’s Vehicle Fingerprint Technology™ for license plate capture.

1.29 “Wing Replay” means enhanced situational awareness encompassing Footage retention, replay ability, and downloadable content from Hot Lists integrated from third-party cameras.

Attachment 6

1.30 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Agency’s designated administrator, listed on the Order Form, and any Authorized End Users to access and download via the Web Interface for thirty (30) days.

Authorized End Users will be required to sign up for an account and select a password and username (“User ID”).

Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and Flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the Web Interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time.

2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, nonexclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Flock Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.

2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a nonexclusive, non-transferable right and license to use the Documentation during the Term in connection with its use of the Services as contemplated herein, and under Section 2.5 below.

2.4 Wing Suite License. Subject to all terms of this Agreement, Flock grants Agency a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Wing Suite software and interface.

Attachment 6

2.5 Usage Restrictions.

2.5.1 Flock IP. The permitted purpose for usage of the Flock Hardware, Agency Hardware, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Flock Hardware, Documentation, or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, 2.3, or 2.4.

2.5.2. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Except for Falcon Flex products, which are designed for self-installation, Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.5.2, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency.

2.6 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights.

2.7 Suspension.

2.7.1 Service Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP by Agency; (b) Agency’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Agency has violated any term of this provision, including, but not limited to, utilizing the Services for Attachment 6
anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Agency’s account (“Service Suspension”). Agency shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit.

2.7.2 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Agency and to provide updates regarding resumption of access to Flock Services. Flock will use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Agency or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency’s account that have been impacted. For example, in the event of a Service Interruption lasting five (5) continuous days, Agency will receive a credit for five (5) free days at the end of the Term.

2.8 Installation Services.

2.8.1 Designated Locations. For installation of Flock Hardware, excluding Falcon Flex products, prior to performing the physical installation of the Flock Hardware, Flock shall advise Agency on the location and positioning of the Flock Hardware for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Flock Hardware (“Designated Location”) and collaborate with Agency to design the Deployment Plan confirming the Designated Locations. Flock shall have final discretion on location of Flock Hardware. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. After installation, any subsequent changes to the Deployment Plan (“Reinstalls”) will incur a charge for Flock’s thencurrent list price for Reinstalls, as listed in the then-current Reinstall policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment fees. For clarity, Agency will receive prior notice and provide approval for any such fees. These changes include but are not limited to re-positioning, adjusting of the mounting, re-angling, removing foliage, replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock shall have full discretion on decision to reinstall Flock Hardware.

Attachment 6

2.8.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although Flock Hardware is designed to utilize solar power, certain Designated Locations may require a reliable source of 120V or 240V AC power. In the event adequate solar power is not available, Agency is solely responsible for costs associated with providing a reliable source of 120V or 240V AC power to Flock Hardware. Flock will provide solar options to supply power at each Designated Location. If Agency refuses recommended solar options, Agency waives any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar power. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the permitting process of installation of cameras or AC power; (ii) any federal, state, or local taxes including property, license, privilege, sales, use, excise, gross receipts, or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Flock Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Flock Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment, or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for Flock Hardware requires permits, Flock may provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Flock Hardware from the temporary alternate location to the permitted location at no additional cost. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation.

2.8.3 Flock’s Obligations. Installation of Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Following the initial installation of the Flock Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of Flock Hardware for the length of the Term and will receive access to the Footage for a period of seven (7) business days after the initial installation for quality control and provide any necessary maintenance. Labor may be provided by Flock or a third-party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. Notwithstanding anything to the contrary, Agency understands that Flock will not provide installation services for Falcon Flex products.

2.8.4 Ownership of Hardware. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Agency default on any Attachment 6
payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right.

2.9 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless.

2.10 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”).

Flock will use commercially reasonable efforts to respond to requests for support. Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at [email protected], at no additional cost. Notwithstanding anything to the contrary, Agency is solely responsible for installation of Falcon Flex products. Agency further understands and agrees that Flock will not provide monitoring services or on-site services for Falcon Flex.

2.11 Special Terms. From time to time, Flock may offer certain special terms related to guarantees, service and support which are indicated in the proposal and on the Order Form and will become part of this Agreement, upon Agency’s prior written consent (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

2.12 Upgrades to Platform. Flock may, in its sole discretion, make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its agencies, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not materially change any terms or conditions within this Agreement.

3. RESTRICTIONS AND RESPONSIBILITIES

3.1 Agency Obligations. Flock will assist Agency Authorized End Users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency Attachment 6
will not share its account or password with anyone and must protect the security of its account and password. Unless otherwise stated and defined in this Agreement, Agency may not designate Authorized End Users for persons who are not officers, employees, or agents of Agency. Authorized End Users shall only use Agency-issued email addresses for the creation of their User ID. Agency is responsible for any activity associated with its account.

Agency shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.

3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

4. CONFIDENTIALITY; AGENCY DATA

4.1 Confidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Flock Hardware or Agency Hardware, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors . The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event will a Party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Attachment 6
Party reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order.

4.2 Agency Data. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to (i) use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.10 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Data as a part of the Aggregated Data, (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring for elected law enforcement Hotlists as well as provide Footage search access to law enforcement for investigative purposes only, and (iii) and obtain Aggregated Data as set forth below in Section 4.5. As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. Notwithstanding the foregoing, Flock automatically deletes Wing Replay after seven (7) days, during which time Agency may view, save and/or transmit such data to the relevant government agency prior to deletion. Flock does not own and shall not sell Agency Data.

4.3 Agency Generated Data in Wing Suite. Parties understand that Flock does not own any right, title, or interest to third-party video integrated into the Wing Suite. Flock may provide Agency with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Wing Suite, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Agency. Agency shall retain whatever legally cognizable right, title, and interest that Agency has in Agency Generated Data. Agency understands and acknowledges that Flock has no obligation to monitor or enforce Agency’s intellectual property rights to Agency Generated Data. To the extent legally permissible, Agency grants Flock a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify, display, and distribute the Agency Generated Data for the sole purpose of providing Flock Services. Flock does not own and shall not sell Agency Generated Data.

Attachment 6

4.4 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

4.5 Aggregated Data. Flock shall have the right to collect, analyze, and anonymize Agency Data and Agency Generated Data to create Aggregated Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Agency hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right (during and after the Term hereof) to use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts. Parties understand that the aforementioned license is required for continuity of Services. No rights or licenses are granted except as expressly set forth herein. Flock does not sell Aggregated Data.

5. PAYMENT OF FEES

5.1.1 Software Product Fees. For Order Forms listing Wing Suite, Advanced Search and other software-only products, Agency will pay Flock the fees for the Initial Term (as described on the Order Form attached hereto) on or before the 30th day from the date of invoice. For any Renewal Terms, Agency shall pay invoice on or before the 30th day from the date of renewal invoice.

5.1.2 Hardware Product Fees. For Order Forms listing Falcon, Sparrow, Raven and Falcon Flex products, Agency will pay Flock fifty percent (50%) of the fees for the Initial Term as set forth on the Order Form on or before the 30th day from date of invoice. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of total fees, and Agency shall pay on or before 30th day following date of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following date of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For any Renewal Terms, Agency shall pay the total invoice on or before the 30th day from the date of renewal invoice.

5.2 Notice of Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees on subsequent terms by providing sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email).

5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices must be received by Flock thirty (30) days after the receipt of invoice. If Agency is a non-tax-exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to Attachment 6
receive an adjustment or credit. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error.

6. TERM AND TERMINATION

6.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form and shall commence at the time outlined in this section below (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. a. For Wing Suite products: the Term shall commence upon execution of this Agreement and continue for one (1) year, after which, the Term may be extended by mutual consent of the Parties, unless terminated by either Party. b. For Falcon and Sparrow products: the Term shall commence upon first installation and validation of Flock Hardware.
c. For Raven products: the Term shall commence upon first installation and validation of Flock Hardware. d. For Falcon Flex products: the Term shall commence upon execution of this Agreement. e. For Advanced Search products: the Term shall commence upon execution of this Agreement.

6.2 Termination for Convenience. At any time during the agreed upon Term, either Party may terminate this Agreement for convenience. Termination for convenience of the Agreement by the Agency will be effective immediately. Termination for convenience by Agency will result in a one-time removal fee of $500 per Flock Hardware. Termination for convenience by Flock will not result in any removal fees. Upon termination for convenience, a refund will be provided for Flock Hardware, prorated for any fees for the remaining Term length set forth previously. Wing Suite products and Advanced Search are not subject to refund for early termination. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. Agency’s termination of this Agreement for Flock’s material breach of this Agreement shall not be considered a termination for convenience for the purposes of this Section 6.2.

6.3 Termination. Notwithstanding the termination provisions in Section 2.5.2, in the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period. Either Party may terminate this Agreement, without notice, (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.

Attachment 6

6.4 No-Fee Term. Flock will provide Agency with complimentary access to Hotlist alerts, as further described in Section 4.2 (“No-Fee Term”). In the event a Non-Agency End User grants Agency access to Footage and/or notifications from a Non-Agency End User, Agency will have access to Non-Agency End User Footage and/or notifications until deletion, subject to a thirty (30) day retention policy for all products except Wing Replay, which is subject to a seven (7) day retention policy. Flock may, in their sole discretion, provide access or immediately terminate the No-Fee Term. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine to impose a price per No-Fee Term upon thirty (30) days’ notice to Agency. Agency may terminate any No-Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice.

6.5 Survival. The following Sections will survive termination: 2.5, 2.6, 3, 4, 5, 6.4, 7.3, 7.4, 8.1, 8.2, 8.3,

10.1 and 10.6.

7. REMEDY; WARRANTY AND DISCLAIMER

7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.10 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Flock Hardware provided that such inspection and test shall occur within a commercially reasonable time, but no longer than seven (7) business days after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Flock Hardware at no additional cost to Agency. Absent a Defect, in the event that Flock Hardware is lost, stolen, or damaged, Agency may request that Flock replace the Flock Hardware at a fee according to the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Flock Hardware, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Flock Hardware and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Flock Hardware or Agency Hardware.

7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency has misused the Flock Hardware, Agency Hardware, or Service in any manner.

7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of Attachment 6
other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT

MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request.

7.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-Party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, weather conditions or acts of hackers, internet service providers or any other third Party acts or omissions. Force Majeure includes the novel coronavirus Covid-19 pandemic, and the potential spread of variants, which is ongoing as of the date of the execution of this Agreement.

8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY

8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS

SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),

OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR

TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE

OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE

CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH Attachment 6

ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR

OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF

ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.4 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.4 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complementary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement.

8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees.

9. INDEMNIFICATION
Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.1, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.1 or this Agreement.

Flock agrees to indemnify and hold Agency harmless against any damages, losses, liabilities, settlements and expenses, including attorney’s fees and costs arising out of third party claims for copyright and intellectual property infringement, public records act claims, an alleged violation of Flock’s obligations under this agreement, Flock’s Attachment 6
sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Flock’s provision of Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third Party right.

10. MISCELLANEOUS

10.1 Compliance With Laws. The Agency and Flock and its agents agree to comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). In the event Flock is legally compelled to comply with a judicial order, subpoena, or government mandate, to disclose Agency Data or Agency Generated Data, Flock will provide Agency with notice.

10.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

10.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

10.4 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall policy (https://www.flocksafety.com/reinstall-fee-schedule), Deployment Plan(s), and any attached addenda are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail.

10.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. Flock shall at all times be and act as an independent contractor.

10.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

Attachment 6

10.7 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website.

10.8 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in Federal Acquisition Regulation (“FAR”), section 2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

10.9 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

10.10 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

10.11 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
AGENCY NOTICES ADDRESS:

ADDRESS:

City of Carmel City Hall
4th Ave
Attachment 6
Carmel, California 93921

ATTN:

EMAIL:

Attachment 6

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Resolution 2023-032, Declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event
RECOMMENDATION:

Motion to adopt Resolution 2023-032, declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event.

BACKGROUND/SUMMARY:

On December 30 and 31, 2022, Monterey County (“County”) and the City of Carmel by-the-Sea (“City”), experienced a major rain event (the “2022-23 Atmospheric River Winter Storm”). As a result of the 2022-23 Atmospheric River Winter Storm, major flooding in the County and the City caused damage to public and private property. Damage to public infrastructure has included localized flooding, roadway slope erosion and embankment slip-outs, debris flows, landslides, and culvert failure affecting the safety of said roadways; obstruction of public roadways from stormwater, storm debris, fallen trees, and roadway failure; damage to storm drain infrastructure; and damage to public and private utilities and damage to public facilities and parks throughout the County and in the City.

On January 4, 2023, California Governor Gavin Newsom proclaimed a state of emergency in response to severe winter storms that relate to a series of atmospheric river systems that struck California in December 2022, and are forecasted to continue.

On January 4, 2023, Interim County Administrative Officer of the County proclaimed the existence of a local emergency on January 4, 2023, and the Board of Supervisors of the County adopted a resolution ratifying the proclamation of a local emergency.

On January 13, 2023, based on the events described above, Chip Rerig (City Administrator of the City and the Director of Emergency Services of the City) issued a Proclamation of Existence of a Local Emergency by the City Administrator.

On January 17, 2023, Council adopted Resolution 2023-008 Ratifying the Proclamation of the existence of a local emergency due to the 2022- 2023 Atmospheric River Winter Storm Event.

Current Situation
On January 14, 2023, President Joe Biden declared that a major disaster exists in the State of California and ordered Federal aid to supplement State, tribal, and local recovery efforts in the areas affected by severe winter storms, flooding, landslides, and mudslides beginning on December 27, 2022, and continuing. The President’s action makes Federal funding available to affected individuals in the counties of Merced, Sacramento, and Santa Cruz. On January 17, Monterey County was added to the list of affected counties.

State and local teams have begun and continue to conduct damage assessments in areas of the county impacted by flooding, including Carmel River State Beach, where the beach access parking lot was buried in sand and a large portion of Scenic Drive was damaged. Both the parking lot and the southern end of Scenic Drive remains closed due to these damages. Officials with Monterey County are continuing to gather damage information caused by the 2023 Winter Storm countywide. The last estimate of damages caused by the storm is nearly $80 million.

The true extent of the damage caused by the 2022-23 Atmospheric River Winter Storm and cost of damages to Carmel-by-the-Sea has yet to be ascertained. Soil conditions in the City remain saturated as a result of the 2022-23 Winter Storm increase the likelihood of further damage from earth slippage events, including the potential for flooding. City Staff is currently working on storm recovery and will continue for the next several months.

Conclusion
Per Resolution 2023-008, the local emergency due to the Winter Storms shall be deemed to continue to exist and shall be reviewed at least once every 30 days until its termination is proclaimed by the City Council of the City of Carmel-by-the-Sea per California Government Code section 8630. By adopting the attached Resolution, (Attachment 1) the declaration of the local emergency due to the Winter Storm Event will be renewed for another 30 days.

FISCAL IMPACT:

No direct fiscal impact for this action. FISCT
PRIOR CITY COUNCIL ACTION:

On January 17, 2023, Council adopted Resolution 2023-008 Ratifying the Proclamation of the existence of a local emergency due to the 2022-2023 Atmospheric River Winter Storm Event. The Local Emergency was renewed for another 30 days on February 7, 2023, and March 7, 2023, via Resolution.

ATTACHMENTS:

Attachment 1) Resolution 2023-032

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-032

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DECLARING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022- 2023 ATMOSPHERIC RIVER WINTER STORM
WHEREAS, the California Emergency Services Act (California Government Code sections 8639, 8550, et. seq.) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat; and WHEREAS, Chapter 2, section 2.64.020 of the City of Carmel-by-the-Sea ("City") Municipal Code defines emergency as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, Chapter 2, section 2.64.050 of the City of Carmel-by-the-Sea ("City") Municipal Code designates the City Administrator as the Director of Emergency Services for the City; and
WHEREAS, Chapter 2, section 2.64.060 empowers the City Administrator, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven (7) days; and
WHEREAS, California Governor Gavin Newsom proclaimed a state of emergency on January 4, 2023, in response to sever winter storms that relate to a series of atmospheric river systems that struck California in December 2022, and are forecasted to continue; and WHEREAS, the Board of Supervisors of the County of Monterey adopted a resolution ratifying the County Administrative Officer’s proclamation of a local emergency issued on January 4, 2023; and
WHEREAS, on December 30 and 31, 2022, Monterey County, including the City, experienced a major rain event (the “2022-23 Atmospheric River Winter Storm”); and WHEREAS, as a result of the 2022-23 Atmospheric River Winter Storm, major flooding in the County, including the City, caused damage to public and private property, such as road closures, and loss of power; and
WHEREAS, various other roads and infrastructure in the City have been damaged as a result of the 2022-23 Atmospheric River Winter Storm; and WHEREAS, damage to infrastructure have included localized flooding, roadway slope erosion and embankment slip-outs, debris flows, risk of falling trees, landslides, and culvert failure affecting the safety of said roadways; obstruction of public roadways from stormwater, storm debris, fallen trees and roadway failure; damage to storm drain infrastructure and other infrastructure; and
Attachment 1
Resolution 2023-032

Page 2 of 2 ends

WHEREAS, Monterey County currently estimates of the damage caused by the 2022-23 Atmospheric River Winter Storm exceed $80 million, and the true extent of the damage caused by the 2022-23 Atmospheric River Winter Storm has yet to be ascertained; and WHEREAS, based on said events, the City Administrator of the City of Carmel-by-theSea declared the existence of a local emergency within the City on January 13, 2023; and WHEREAS, the Proclamation of the Existence of a Local Emergency issued by the City Administrator acting as the Director of Emergency Services was ratified by the City Council of the City of Carmel-by-the-Sea on January 17, 2023; and
WHEREAS, said local emergency shall be deemed to continue to exist and shall be reviewed at least once every 30 days until its termination is proclaimed by the City Council of the City of Carmel-by-the-Sea per California Government Code section 8630; and WHEREAS, the City Administrator or his designee is authorized to take whatever other action is authorized under the Carmel-by-the-Sea Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes.

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

Section 1. Imminent Risk to Health and Safety. Soil conditions in the City and remain saturated as a result of the 2022-23 Atmospheric River Winter Storm, increasing the likelihood of further damage from earth slippage events, including the potential for flooding, risk of falling trees, and other infrastructure damage.

Section 2. 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.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 4th day of April, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

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

Resolution 2023-033 approving a list of street projects for Fiscal Year 2023/24 partially funded by SB1: The Road Repair and Accountability Act of 2017 RECOMMENDATION:

Adopt Resolution 2023-033 approving a list of street projects for Fiscal Year 2023/24 partially funded by SB1: The Road Repair and Accountability Act of 2017.

BACKGROUND/SUMMARY:

California charges excise and sales taxes on gasoline and diesel fuel for transportation-related purposes and allocates a percentage of the funding to cities and counties. This funding is known as the Highway Users Tax Account (HUTA), also referred to as the gas tax. Until 2017, the gas tax had not been updated in 23 years, and the State was confronted with a backlog of deferred infrastructure repairs for bridges, freeways, and roads.

In April 2017, the Governor signed Senate Bill 1 (SB1), the Road Repair and Accountability Act, into law.

This legislation addresses road maintenance, rehabilitation, and safety needs of both the State highway system and local streets by increasing the per gallon fuel excise taxes, raising diesel fuel sales taxes, and charging new vehicle fees. SB 1 is estimated to generate $1.5 billion a year for California cities and counties for street maintenance efforts statewide. Since November 1, 2017, a portion of this new funding, called the Road Maintenance and Rehabilitation Account (RMRA), has been apportioned by formula to eligible cities and counties for local street purposes.

In order for the City to be eligible to receive RMRA funds, the City must:

A) Adopt City budgets that include the proposed SB 1 street projects list.

B) Incorporate the SB 1 project list, including project description, locations, schedule, and estimated useful life, in the Capital Improvement Plan (CIP), and submit the CIP to the California Transportation Commission annually by October 16.

C) Sustain a certain amount of local funding for streets, known as the Maintenance of Effort.

D) Report on the use of the funds annually.

Public Works has identified the proposed street projects based on the Street Saver Pavement Management System. Working with the Transportation Agency of Monterey County (TAMC) and their paving consultant, NCE, the City’s field condition assessment was performed in the Fall of 2022, and updated pavement rehabilitation strategies and cost information were recently incorporated into the Pavement Management System database.

Used by numerous agencies throughout California, the Street Saver System scientifically optimizes public funds by targeting pavement rehabilitation strategies to roadway segments which are about to slip into rapid decline, rather than allocating dollars to an agency’s most damaged pavement sections which will ultimately require more-costly, complete pavement section reconstructions. Public Works staff has slightly modified the Street Saver’s recommended roadway segment list due to other planned projects and by grouping similar pavement rehabilitation treatments to further optimize cost-effectiveness.

For Fiscal Year 2023/24, Public Works recommends that we focus on three primary categories of repairs:
pavement overlays on a limited number of streets, provide less-costly slurry seal treatment on as many streets as the budget allows, and repair large sections of sidewalks that are beyond the capacity of staff.

During the design phase of these street repairs, other street elements will be considered and incorporated into the project as appropriate. These elements may include bicycle markings, drainage, signage, trees and landscaping, and/or aesthetic enhancements.

When the City Council adopts the FY 2023/24 Capital Improvement Plan and Operating Budget, the project description for “Streets and Road Projects” will include the following lists of streets planned to be partially funded with HUTA and RMRA account revenues:
“Resurface the following streets with an asphalt overlay:

1. Ocean Avenue, Carpenter Street to East City Limits

2. Santa Lucia Avenue, Dolores Street to Rio Road

3. Sixth Avenue, Junipero to Torres Streets

4. Sixth Avenue, Monte Verde to Lincoln Streets

5. Tenth Avenue, Junipero to Torres Streets
Remove sections of failed pavement, and slurry seal the following road segments:

6. Dolores Street, Vista to Second Avenues

7. Dolores Street, Fifth to Ocean Avenues

8. Flanders Way, Vizcaino to Crespi Avenues

9. Forest Road, Ocean to Seventh Avenues

10. Guadalupe Street, Second to Third Avenues

11. Guadalupe Street, Fifth to Sixth Avenues

12. Lobos Street, First to Second Avenues

13. Mission Street, Ocean to Eighth Avenues

14. Monte Verde Street, Second to Fourth Avenues

15. Monterey Street, North End to Second Avenue

16. Perry Newberry Way, Fourth to Sixth Avenues

17. Pine Ridge Way, Forest Road to Turn Around

18. Santa Fe Street, Third to Fourth Avenues

19. Santa Rita Street, North City Limits to Mountain View Avenue

20. Second Avenue, Casanova to Monte Verde Streets

21. Sixth Avenue, Dolores to Mission Streets

22. Sixth Avenue, Guadalupe to Carpenter Streets

23. Third Avenue, Monte Verde to Dolores Streets

24. Torres Street, North of Eleventh Avenue

25. Vizcaino Avenue, Mountain View Avenue to Flanders Way Remove broken areas of concrete, asphalt, and brick sidewalks, and replace with permeable pavers, where needed, along the following street segments:

26. Junipero Street – west side, Sixth to Ocean Avenues

27. Northwest Corner – Dolores Street and Seventh Avenue

28. Northwest Corner – Dolores Street and Sixth Avenue

29. Ocean Avenue - north side, Lincoln to Dolores Streets

30. Sixth Avenue – north side, Lincoln to Dolores Streets

31. Sixth Avenue – south side, Mission to Junipero Streets

32. Southeast Corner – Dolores Street and Ocean Avenue
Install ADA-compliant ramps at intersections and modify drainage as required. Provide bike route markings, restore traffic striping and pavement markings as indicated on the plans, and provide landscaping and/or trees to supplement the project.

Note: Currently, costs of roadway materials and construction labor are highly erratic due to construction labor shortages, busy contractors, supply chain issues, and inflation.

Therefore, it is unknown at this time which, and to what extent, the above list of streets can be repaired. Further, local engineering design firms are facing staffing shortages and backlogs of work, leading to project delays. However, bundling similar projects with the same, or similar, pavement resurfacing treatments (asphalt overlays and slurry seals), will stretch the limited available funding in a cost-effective manner.

The useful life of the repaired road segments will depend on the pavement rehabilitation method selected for each street. An asphalt overlay may extend the useful life of the residential and collector streets by 20 to 25 years, and arterials (Ocean Avenue) by 15 to 20 years. A slurry seal may have a useful life of 5 to 10 years.

The design of this project is anticipated to begin by fall 2023 with construction occurring in the fall of 2024, following the busy summer season."
FISCAL IMPACT:

The City is estimated to receive a total of $438,570 in FY 2023/24 from the following sources, via TAMC:

No. Funding Source Estimated Amount
1 Measure X $231,779
2 Highway Users Tax (Gas Tax) 91,744
3 SB 1 - RMRA 78,190
4 Regional Surface Transportation
Program Fair Share (RSTP)
36,857
Total $438,570
These amounts will be shown as revenue in the City's budget for FY 2023/24 and allocated to the street paving project within the Capital Projects Fund.

In order to receive this funding, the City must annually expend from its General Fund for street purposes an amount not less than the annual average of its expenditures of the past three (3) fiscal years. This amount is known as Maintenance of Effort (MOE). Based on the most recent available information, the City's MOE for FY 2023/24 is $657,329. This figure will be included in the City's Capital Improvement Plan for FY 2023/24.

The total Project funding is estimated to be $1,095,899.

The program-level cost estimates for the various components of the Projects are tabulated below:

No. Component Budget
1 Engineering & Design $170,000
2 Pavement Overlays (5 Streets) 350,000
3 Slurry Seals (20 Streets) 235,000
4 Sidewalk Repairs (7 Locations) 140,000
5 ADA ramps, bike & pavement markings,
drainage, trees/ landscape
90,000
6 Contingency 10% 110,000
Total $1,095,000
PRIOR CITY COUNCIL ACTION:

In April 2020, Council adopted Resolution 2020-026, approving a list of streets to be repaved for inclusion in the FY 2020/21 Budget and Capital Improvement Plan. In May 2021, Council adopted Resolution 2021- 018, approving a list of 15 streets to be repaved for inclusion in the FY 2021/22 Budget and Capital Improvement Plan.

In May 2022, Council adopted Resolution 2022-039 approving a list of street projects for Fiscal Year 2022/23 partially funded by SB1, subsequently known as the "Concrete Streets Repair Project." ATTACHMENTS:

Attachment 1) Resolution 2023-033

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-033

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

APPROVING A LIST OF STREETS TO BE RESURFACED FOR INCLUSION IN THE FISCAL YEAR 2023/24 CAPITAL IMPROVEMENT PLAN AND BUDGET PARTIALLY FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017, was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant, multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of the City of Carmel-by-the-Sea are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1 by resolution, in the City budget, and which must include a description and location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements; and
WHEREAS, the City will receive an estimated total of $169,934 from SB1 in FY 2021/22 from the Highway Users Tax Account (HUTA) ($91,744) and RMRA ($78,190), plus $231,779 from County Sales Tax Measure X, and $36,857 from the Regional Surface Transportation Program – Fair Share, and anticipates allocating $657,326 of its General Fund (Measure C) and local revenues to cover the Maintenance of Effort requirement for street projects, for a total project budget of $1,095,899; and
WHEREAS, this is the sixth year in which the City is receiving SB1 funding which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increase access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities and project list; and WHEREAS, the City has used a Pavement Management System to develop and update the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, this year, funding from SB1 will help the City overlay approximately five road segments, slurry seal approximately twenty road segments, and repair sidewalks at up to seven locations, as well as complete similar projects into the future; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City’s roadways are in fair but at-risk condition, that SB 1 revenues will increase the overall quality of our road network, and, over the next decade, help upgrade our streets into an overall satisfactory condition; and
WHEREAS, the SB1 project list and overall investment in our local street infrastructure with a focus on basic materials and practices, will have significant, positive benefits statewide.

Attachment 1
Resolution 2023-033

Page 2 ends

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA:

1. The foregoing recitals are true and correct.

2. The following list of street and sidewalk projects will be funded in part with Fiscal Year 2023/24 Road Maintenance and Rehabilitation Account revenues:
“Resurface the following streets with an asphalt overlay:

1. Ocean Avenue, Carpenter Street to East City Limits

2. Santa Lucia Avenue, Dolores Street to Rio Road

3. Sixth Avenue, Junipero to Torres Streets

4. Sixth Avenue, Monte Verde to Lincoln Streets

5. Tenth Avenue, Junipero to Torres Streets
Remove sections of failed pavement, and slurry seal the following road segments:

6. Dolores Street, Vista to Second Avenues

7. Dolores Street, Fifth to Ocean Avenues

8. Flanders Way, Vizcaino to Crespi Avenues

9. Forest Road, Ocean to Seventh Avenues

10. Guadalupe Street, Second to Third Avenues

11. Guadalupe Street, Fifth to Sixth Avenues

12. Lobos Street, First to Second Avenues

13. Mission Street, Ocean to Eighth Avenues

14. Monte Verde Street, Second to Fourth Avenues

15. Monterey Street, North End to Second Avenue

16. Perry Newberry Way, Fourth to Sixth Avenues

17. Pine Ridge Way, Forest Road to Turn Around

18. Santa Fe Street, Third to Fourth Avenues

19. Santa Rita Street, North City Limits to Mountain View Avenue

20. Second Avenue, Casanova to Monte Verde Streets

21. Sixth Avenue, Dolores to Mission Streets

22. Sixth Avenue, Guadalupe to Carpenter Streets

23. Third Avenue, Monte Verde to Dolores Streets

24. Torres Street, North of Eleventh Avenue

26. Junipero Street – west side, Sixth to Ocean Avenues

27. Northwest Corner – Dolores Street and Seventh Avenue

28. Northwest Corner – Dolores Street and Sixth Avenue

29. Ocean Avenue - north side, Lincoln to Dolores Streets

30. Sixth Avenue – north side, Lincoln to Dolores Streets

31. Sixth Avenue – south side, Mission to Junipero Streets

Note: Currently, costs of roadway materials and construction labor are highly erratic due to construction labor shortages, busy contractors, supply chain issues, and inflation. Therefore, it is unknown at this time which, and to what extent, the above list of streets can be repaired. Further, local engineering design firms are facing staffing Attachment 1
Resolution 2023-033

Page 3 ends

shortages and backlogs of work, leading to project delays. However, bundling similar projects with the same, or similar, pavement resurfacing treatments (asphalt overlays and slurry seals), will stretch the limited available funding in a cost-effective manner.

The design of this project is anticipated to begin by fall 2023 with construction occurring in the fall of 2024, following the busy summer season."

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of April 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
April 4, 2023

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

Resolution 2023-034, authorizing the City Administrator to execute a Construction Contract with Rehak General Engineering, in the amount of $128,600, including a 15% contingency, for the City Hall Wall Repair Project, and approving a Capital Project Budget Adjustment of $113,600 to complete the Project RECOMMENDATION:

Adopt Resolution 2023-034, authorizing the City Administrator to execute a Construction Contract with Rehak General Engineering, in the amount of $128,600, including a 15% contingency, for the City Hall Wall Repair Project, and approving a Capital Project Budget Adjustment of $113,600 to complete the Project BACKGROUND/SUMMARY:

In June 2022, Council adopted the Capital Improvement Program (CIP) Budget for Fiscal Year 2022/23 which included $100,000, funded by Measure C, for the City Hall Retaining Wall Emergency Repair Project.

The original Project description was,
“This new, unanticipated Project is identified as a high-priority emergency repair for the planter retaining wall on the south side of the City Hall building. The planter retaining wall not only supports the planter box, but is also a structural element of the building wall and foundation. A structural repair plan is underway, but the cost for this Project is unknown at this time. At this time, $100,000 is adopted for repairs. The Project design is being overseen by the Building Official, and a Project Manager will be needed for bidding and construction of the Project.” In August 2022, Council adopted Resolution 2022-065, awarding a Professional Services Agreement to Ausonio, Inc. for Project Management Services for delivery of nine facility renovation Projects, including this Project.

The Project was designed by Steve Mayone Structural Engineering, Inc. with geotechnical services provided by subconsultant Grice Engineering, Inc. Multiple repair configurations were considered, and since City Hall is a historic facility, the goal was to restore the side wall of City Hall and the redwood planter box after the structural repairs are completed.

Specifically, the office currently occupied by the Director of Community Planning and Building is supported by an exterior wall which rests on small, inadequate concrete wall footings. The building and the planter box, especially when the soil is saturated, pushes laterally out onto the planter wall, destabilizing the building wall.

The problem was worsened in the recent past when a fire pipeline was installed immediately south of the planter wall, reducing the lateral resistance of the building.

The final design was approved for a building permit, and the Project was extensively advertised for construction bids. Notices were published in the Carmel Pine Cone and Monterey County Weekly, Central Coast Builders Association, and posted on the City’s and other public purchasing websites. In addition, courtesy calls were made to a dozen contractors that specialize in underground shoring, foundations, and even house movers.

Two bid proposals were received and opened at a Public Bid Opening held on March 16, 2023, with the following results:

Rehak General
Engineering
Comercial
Solutions Group
Project Team
Estimate
Base Bid – Wall
(Basis of Award) $111,850 $119,275 $140,000
Additive #1 –
Parking Lot 65,000 67,064 56,400
Additive #2 –
Extended Wall Repair 52,800 63.573 74,600
Totals $229,650 $249,912 $271,000
Both bid proposals were responsive. The low base bid of $111,850, submitted by Rehak General Engineering, was 6% below the other bid and 20% below the Project Team’s estimate.

Rehak General Engineering possesses both A, General Engineering, and B, General Building contractor's licenses. They are a family-owned and operated business since 2010. They specialize in earth retention systems, foundation repairs, drainage systems, and custom homes with a number of projects completed in the Monterey area. They had favorable references, and In the past few years repaired retaining walls for Napa County and performed a landslide repair for the City of San Carlos.

The work includes removing the existing redwood retaining wall; installing a helical pier system to temporarily shore the building; excavating and installing a permanent concrete foundation footing for the adjacent portion of the City Hall exterior wall; installing retaining wall drainage systems; backfilling and replacing the redwood planter retaining wall; replacing the light sconces and hand railings, and removing and replacing a limited section of asphalt parking lot and concrete sidewalk.

The bids included two additive tasks. The first additive would be to reconstruct the south parking lot after the wall is repaired. Staff believes that while the bid was competitive, we would likely save money if we repave the parking lot as part of an upcoming, annual paving project. Note that parking lots are not eligible for external TAMC funding. The second additive would be to extend the replacement of the redwood planter wall up along the ADA ramp to better match the planter wall to be reconstructed. Due to funding constraints, both additives are not recommended.

A 15% contingency is highly recommended. Underground structural work has inherent risks, especially with a historic building which cannot be damaged or put out of service. Should differing site conditions warrant an urgent field change, this contingency would be immediately available. Any funds remaining would be returned to the CIP fund balance.

Construction will take approximately three months from the Notice to Proceed. City Hall will remain open during construction, and access to the ADA ramp will be maintained. However, the Contractor may close off and utilize the south parking lot during the Project. Public Works staff will replant the planter box and restore the parking lot markings and signs.

FISCAL IMPACT:

Council appropriated $100,000 to this Project in CIP Account Number 301-311-00-43008. Total estimated expenses for this Project, including the cost for this construction contract, are listed below.

No. Company Services Cost
1 Ausonio, Inc.

Project Management, and
Construction
Management
$55,000
2 Mayone Structural
Engineering &
Grice Engineering
Engineering, Design, and
Construction Support 26,000
3 Rehak General Eng. Retaining Wall Repair 111,850
4 Rehak General Eng. 2 Bid Additives –
Not Recommended 0
5 N/A 15% Construction
Contingency 16,750
6 Miscellaneous Advertising,
Materials Testing 4,000
Total $213,600
A budget adjustment of $113,600 will be needed to complete the Project. As shown in the Resolution in Attachment #1, $113,600 would be transferred from General Fund End Balance Account 101-130-00- 49009, to CIP Account Number 301-311-00-43008.

This Project demonstrates the need to provide a CIP Contingency Fund account to pay for carry-over and future capital improvement projects that have become more costly to execute due to inflation and other factors, as was presented at the March 21, 2023 Special Meeting for the first review of the Fiscal Year 2023/24 CIP.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted the CIP Budget for Fiscal Year 2022/23 which included $100,000 for the City Hall Retaining Wall Emergency Repair Project.

In August 2022, Council awarded a Professional Services Agreement to Ausonio, Inc. for Project Management Services for delivery of nine facility renovation projects, including this Project.

ATTACHMENTS:

Attachment 1) Resolution 2023-034

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-034

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT WITH REHAK GENERAL ENGINEERING, IN THE AMONT OF $128,600, INCLUDING A 15%

CONTINENCY, FOR THE CITY HALL WALL REPAIR PROJECT, AND APPROVING A CAPITAL PROJECT BUDGET ADJUSTMENT OF $113,600 TO COMPLETE THE PROJECT WHEREAS, the adopted Capital Improvement Program Budget for Fiscal Year 2022/23 included $100,000, funded by Measure C, for the City Hall Retaining Wall Emergency Repair Project; and
WHEREAS, the Project was managed under a Professional Services Agreement by Ausonio, Inc., and the design was provided by Steve Mayone Structural Engineering, Inc. and Grice Engineering, Inc.; and
WHEREAS, a portion of the south wall of City Hall, a historic facility, rests on inadequate wall footings, and coupled with saturated soils in the adjacent redwood planter box, plus reduced lateral resistance due to a previously-installed fire line, has resulted in partial collapse of the planter box, and without repairs, could damage the building; and WHEREAS, the Project was approved for a building permit and extensively advertised for construction bids, including legal notices, posting on industry website, and courtesy calls to potential bidders; and
WHEREAS, two responsive bid proposals were received at the Public Bid Opening held on March 16, 2023, and the lower base bid for repair of the wall of $111,850 was submitted by Rehak General Engineering; and
WHEREAS, neither of the two bid additives are awarded, and with a 15% construction contingency which may be needed for urgent underground structural, the total contract award amount is $128,600; and
WHEREAS, the total estimated Project cost, including project management, engineering and design, materials testing services, construction, and contingency is $213,600; and WHEREAS, a Budget Adjustment of $113,600 is required to complete the Project.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA:

1. Authorizes the City Administrator to execute the Construction Contract with Rehak General Engineering, with contingency, in the amount of $128,600 for the City Hall Retaining Wall Repair Project.

2. Authorizes a Budget Adjustment amount not to exceed $113,600 to the Transfer Out To: Capital Projects account [101-130-00-49009] from the Unassigned Fund Balance.

Attachment 1
Resolution 2023-033

Page 2 ends

3. Authorizes a Budget Adjustment to both the Transfer In From: General Fund [301- 000-00-39001] and the Construction in Progress account [301-311-00-43008] for an amount not to exceed $113,600.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of April 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Resolution 2023-033

Page 3 ends

Exhibit “A”
Capital Project Budget Adjustment
General Ledger
Account and
Description
Purpose
FY 2022/23
Amended
Budget
Adjustment
Amount
FY 2022/23
Amended
Budget
301-311-00-43008
Construction in
Progress:

City Hall Retaining
Wall Emergency
Repair Project
Increase for
construction
contract
$3,922,678 $113,600 $4,036,278
301-000-00-39001
Transfer In From:

General Fund
Increase for
Capital
Project Funds
$0 $113,600 $113,600
101-130-00-49009
Transfer Out To :

Capital Projects
Reduce
Unassigned
Fund Balance
$0 $113,600 $113,600
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Joel Staker, Information Network Services Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2023-035 authorizing the City Administrator to Execute Amendment No. 3 to a Professional Services Agreement with Joseph Systems Inc. for a new not-toexceed amount of $41,840.70 and extending the term through June 30, 2023 RECOMMENDATION:

Adopt Resolution 2023-035 authorizing the City Administrator to Execute Amendment No. 3 to a Professional Services Agreement with Joseph Systems Inc. for a new not-to-exceed amount of $41,840.70 and extending the term through June 30, 2023.

BACKGROUND/SUMMARY:

The City utilizes a variety of consultants to augment its staffing capacity, especially to provide specialized services and has contracted with Joseph Systems to provide specialized support for complex IT projects. The City Administrator entered into an agreement with Joseph Systems for contract Computer Consulting services on August 9th, 2021 for a not to exceed cost of $23,008.70.

According to the Carmel-by-the-Sea Municipal Code, contracts exceeding $24,999 shall be entered into only by Council authorization. Amendment no. 1 was authorized by Council on March 1, 2022 increasing the amount of the contract by $5,832 for a not-to-exceed amount of $28,840.70. A second amendment was approved by Council on June 6, 2022 increasing the not-to-exceed amount by $10,000 for a not-to-exceed amount of $38,840.70.

The proposed recommendation for City Council consideration is to authorize the City Administrator to execute a second amendment to the existing agreement with Joseph Systems Inc. that will increase it by an additional $3,000 for a new not to exceed amount of $41,840.70 and a contract extension with an end date of June 30, 2023.

FISCAL IMPACT:

The Library will be funding the additional $3,000 for support of an ongoing systems project for the Library's public computers.

PRIOR CITY COUNCIL ACTION:

Council approved contract Amendment No. 2 on June 6, 2022.

ATTACHMENTS:

Attachment 1) Resolution 2023-035 Amendment No. 3
Attachment 2) J4 Systems Amendment No. 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JOSEPH SYSTEMS INC. FOR IT PROJECT SERVICES IN THE AMOUNT OF $3,000 FOR A NEW NOT-TO-EXCEED AMOUNT OF $41,840.70 AND EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2023
WHEREAS, on August 9, 2021, the City Administrator entered into a Professional Services Agreement with Joseph Systems Inc. for the provision of specialized server migration services in the amount of $23,008.70 with an end date of December 15, 2021; and
WHEREAS, on March 1, 2022, the City Council adopted Resolution 2022-020 authorizing the City Administrator to amend the Professional Services Agreement with Joseph Systems Inc. for the provision of specialized It project services for a not-to-exceed amount of $28,840.70 with an end date of June 30, 2022; and WHERAS, on June 6, 2022, the City Council adopted Resolution 2022-049 authorizing the City Administrator to amend the Professional Services Agreement with Joseph Systems Inc. for the provision of specialized server IT project services for a not-to-exceed amount of $38,840.70 with an end date of February 28, 2023; and
WHEREAS, the IT project services require an additional amount of time and funding beyond the original Professional Services Agreement; and
WHEREAS, the Carmel-by-the-Sea Municipal Code requires contracts exceeding $24,999 to be entered into only by Council authorization.

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

Authorize the City Administrator to execute Amendment No. 3 to the Professional Services Agreement with Joseph Systems Inc. for IT project services in the amount of $3,000 for a new not-to-exceed amount of $41,840.70 and extending the contract term through June 30, 2023.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of April, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter, Mayor Nova Romero, MMC
City Clerk
Attachment 1
AMENDMENT NO. 3

AGREEMENT NUMBER
IT-J4SYSTEMS-43-21-22
JOSEPH SYSTEMS, INC. dba J4 SYSTEMS

1. This amendment (the "Amendment") is made by City of Carmel-by-the-Sea and Joseph Systems, Inc. dba J4 Systems, parties to agreement IT-J4SYSTEMS-43-21-22 (the "Agreement") executed on August 9, 2021, amended on March 1, 2022.

2. The Agreement is amended as follows:
a. Section 3.A (Term) of the Agreement is amended and restated as follows:

The work under this contract shall continue from February 28, 2023 and shall terminate on June 30, 2023, unless services are no longer needed prior to June 30, 2023. In that case the contract shall terminate sooner
b. Section 2.A (Compensation) of the Agreement is amended and restated as follows:

CITY shall pay CONSULTANT in an amount not to exceed $41,840.70 for the term of the entire agreement stipulated in 2a.

The scope of services shall include 40 additional hours of consulting services to include:
• Desktop Management deployment services and training
• Libkey configuration and deployment
• Library public computer configuration

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

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

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

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

Attachment 2
CONSULTANT:

By: _____________________________ Date: ______________________

CITY:

By: _____________________________ Date: ___________________ Chip Rerig, City Administrator
ATTEST:

By: _____________________________ Date: ______________________ Nova Romero, MMC, City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 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 2023-036, authorizing the serving of alcohol on public property, and/or the erection of tents on public property for 1. Monterey County Vintners Winemakers' Celebration, and 2. Carmel Art Festival
RECOMMENDATION:

Adopt Resolution 2023-036, authorizing the serving of alcohol on public property, and/or the erection of tents on public property for 1. Monterey County Vintners Winemakers' Celebration, and 2. Carmel Art Festival.

BACKGROUND/SUMMARY:

For annual events, staff work with event organizers to incorporate improvements identified in the previous year's after action reports. No substantive changes have been proposed for the events that would require review and recommendation by the Community Activities Commission. Staff have been working with event organizers for the Monterey County Vintners Winemakers' Celebration and the Carmel Art Festival to complete their permit applications which have been approved.

Monterey County Vintners Winemakers' Celebration
The 30th Annual Winemakers’ Celebration is an interactive event that features workshops, and wine tasting from local wineries paired with food from local restaurants. This year’s event is scheduled to be held on Saturday, June 10, 2023 from 12:00 p.m. to 4:00 p.m. Dolores Street between Ocean and Seventh Avenues, Seventh Avenue between Dolores and San Carlos Streets The event also crosses the intersection of Seventh Avenue and Dolores Street, but will remain open to through traffic.

Previously the event was held the first weekend in May. However, this year the event is proposing to move to June to bookend Carmel Culinary Week. In addition, last year the event was held in the footprint of the Farmers' Market and this year the event organizer is proposing to move the event back to its original location on Dolores Street and Seventh Avenue.

Carmel Art Festival
The 29th Annual Carmel Art Festival is scheduled to take place from Friday, May 17 through Sunday, May 19, 2023. The event featuring exhibits from Carmel art galleries, a live sculpture demonstration, live music, a kids art program, and a VIP wine reception. The event will take place in Devendorf Park over the course of three days, and in addition to the VIP wine reception will include the erection of a 8 x 20 tents to house the art exhibits.

Because these events propose to serve alcohol on public property and/or the erect of tents on public property or some combination thereof, further approval is required by City Council as follows:

Per Carmel Municipal Code section 9.20.020, it is unlawful for any person to drink any alcoholic beverage in or upon any public place within the City. The City Council may, however authorize exceptions to the code for specific events of limited duration by adopting a resolution.

Per Carmel Municipal Code section 12.32.060, it is unlawful to construct or erect any tent upon any public property. The City Council may, however authorize exceptions to the code for specific events of limited duration by adopting a resolution.

FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

These are annual events for which the Council routinely provides approval for street closures, the serving of alcohol, and/or the erection of tents on public property.

ATTACHMENTS:

Attachment 1) Resolution 2023-036

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-036

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

AUTHORIZING THE CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY AND/OR THE

ERECTION OF TENTS ON PUBLIC PROPERTY FOR THE MONTEREY COUNTY VINTNERS 30TH ANNUAL WINEMAKERS’ CELEBRATION TO BE HELD JUNE 10, 2023, AND THE THE CARMEL ART FESTIVAL HELD MAY 17-19, 2023
WHEREAS, the Monterey County Vintners 30th Annual Winemakers’ Celebration will be held Saturday, June 10, 2023; and
WHEREAS, this is an interactive event that will feature workshops and wine tasting from local wineries paired with food from local restaurants; and WHEREAS, the event will be held on Dolores Street between Ocean and Seventh Avenues, Seventh Avenue between Dolores and San Carlos Streets. The event also crosses the intersection of Seventh Avenue and Dolores Street, but will remain open to through traffic; and WHEREAS, the Monterey County Vintners 30th Annual Winemakers’ Celebration has been held in Carmel-by-the-Sea since 2014; and
WHEREAS, the 29th Annual Carmel Art Festival will be held May 17th through May 19th, 2023; and
WHEREAS, the event featuring exhibits from Carmel art galleries, a live sculpture demonstration, live music, a kids art program, and a VIP wine reception; and WHEREAS, the Carmel Art Festival will take place in Devendorf Park over the course of three days, and in addition to the VIP wine reception will include the erection of a 8 x 20 tents to house the art exhibits; 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 CARMEL-BY-THE-SEA DOES HEREBY:

Authorize the consumption of alcohol at the Monterey County Vintners 30th Annual Winemakers’ Celebration Saturday, June 10, 2023, Dolores Street between Ocean and Seventh Avenues, Seventh Avenue between Dolores and San Carlos Streets; and Authorize the consumption of alcohol and the erection of an 8 x 20 tents to house the art exhibits for the 29th Annual Carmel Art Festival in Devendorf Park Friday, May 17th through Saturday May 19th, 2023.

Attachment 1
Resolution No. 2023-036

Page 2 ends

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 4th day of April 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
April 4, 2023

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Mills Act Policy Discussion
RECOMMENDATION:

Receive the report and provide direction to staff.

BACKGROUND/SUMMARY:

Executive Summary:

The Council discussed the City’s current Mills Act Policy on October 4, 2022 and requested additional information from staff before determining whether or not to pursue potential policy revisions. This report provides an overview of the existing Policy, a discussion of possible modifications, and implementation details from other jurisdictions across the State. Staff is seeking guidance from the Council on Policy modifications, if desired, and would return to Council at a later date with a revised Policy for consideration.

Background/Summary:

The Mills Act was adopted by the State of California in 1972. The City of Carmel-by-the-Sea adopted a Mills Act program as part of the Local Coastal Program in 2004.

The Mills Act program is an agreement between the City and a property owner of a historic building whereby the property owner benefits from a reduction in property taxes while assuring the City that the historic resource is rehabilitated, maintained, and preserved. Properties must be included on both the Carmel Historic Inventory and the Carmel Register of Historic Resources prior to being eligible for a Mills Act contract.

To be listed on the Carmel Historic Inventory, an assessment of historical significance must be conducted to determine whether the property is eligible. Eligible properties are those which represent at least one theme in the City’s Historic Context Statement; retain substantial integrity; are at least 50 years of age; are associated with significant events or people; embody distinctive characteristics; or yield information important to prehistory or local, state, or national history.

To be listed on the Carmel Register, a property owner must submit a request in writing and their request must be approved by the Historic Resources Board. Listing on the Register provides benefits such as waiver of on-site parking requirements; preservation of existing non-conformities; Federal rehabilitation tax credits; building permit fee reduction of 25%; and, participation in the Mills Act program.

In addition to being listed on the Carmel Historic Inventory and the Carmel Register, a property must be preserved in its historic size, form and design without significant alterations or additions. More specifically, any future addition or alteration must comply with the Secretary’s Standards for the Treatment of Historic Properties. Alterations cannot alter, damage, or diminish any primary elevation or character-defining feature; additions cannot increase the floor area by more than 15 percent beyond the amount established in the documented original or historic design; and, additions cannot result in a second-story addition to a singlestory historic resource.

Mills Act Policy
The City’s current policy regarding Mills Act contracts allows for up to fifteen new contracts to be approved over a three-calendar year period (Attachment 1, Resolution 2016-068). The policy was reviewed by the City Council on March 3, 2020 and no changes were made at that time.

Over the eleven years between 2011 and 2022, the City has entered into a total of 14 Mills Act Contracts.

The two calendar years during which the most Mills Act contracts were approved occurred in 2016 and 2022 when a total of 4 contracts were approved each year. In 2022, the City approved the first Mills Act contract for a commercial property, the Carmel Beach Hotel & Spa (formerly known as the Colonial Terrace Inn).

On October 4, 2022, the City Council discussed potential amendments to the Mills Act policy. The discussion revealed general Council support for the program, with recognition of the community benefit resulting from the preservation and maintenance of historic properties. However, some council members expressed a desire to reconsider the length of the contract, limit the number of contracts at any given time, and consider a dollar value cap on the tax break. Additionally, a concern was raised about high revenuegenerating commercial properties receiving a 20-year tax reduction. Below is a summary of each of these topics.

Length of Contracts & Notices of Nonrenewal
The Council discussion on length of contracts and Notices of Nonrenewal raised questions of whether or not the contracts should be endless, or if they should have a hard end date before a re-application is needed.

In 2020, the City Attorney worked with staff to review the contract language to ensure the contract is consistent with State law and our local Mills Act program. On March 3, 2020, the City Council approved the standard contract language (Attachment 2). In accordance with State law, the term of the contract is 10 years. Each year on the anniversary date of the contract, one year is automatically added to the term of the contract. This creates a rolling 10-year contract that automatically renews until such time that either the City or the property owner provides a written notice of non-renewal. Essentially, each January 1st, the 10-year contract restarts.

If the City desires to end a contract, the City must provide the property owner with written notice of nonrenewal at least 60 days prior to the annual renewal date. Property owners who desire to end a contract must give written notice to the City at least 90 days prior to the annual renewal date. If a notice of nonrenewal is provided, the agreement will expire 9 years from the renewal date of the following January 1st. An example is provided below:

The City enters into a Mills Act Contract on January 1, 2012. The term of the contract is 10 years.

The contract expires on December 31, 2021.

On the first anniversary date of the contract, January 1, 2013, one year is automatically added to the contract term. The new contract expiration date is December 31, 2022.

On the second anniversary date of the contract, January 1, 2014, one year is automatically added to the contract term. The new contract expiration date is December 31, 2023.

However, on November 1, 2014, 60 days prior to the third anniversary date of January 1, 2015, the City issues a Notice of Nonrenewal. The contract expiration date is now fixed at December 31, 2023.

Additional years are no longer automatically added to the contract term.

To date, the City has not issued any Notices of Nonrenewal, and no property owners have issued Notices of Nonrenewal. If the City were to issue such notices no later than November 1, 2023, all of the existing Mills Act contracts would expire on December 31, 2032.

The homeowners of the four contracts approved last year, in 2022, would see a property tax benefit for 10 years whereas the homeowner whose contract was approved in 2011 would see a property tax benefit for 20 years.

If the Council directs staff to issue a Notice of Nonrenewal on all 14 existing contracts, they would expire at the end of 2032 and the City would have zero Mills Act contracts, assuming the City did not enter into any new contracts between 2024 and 2032.

Staff is seeking direction from the City Council on whether to issue Notices of Nonrenewal and if so, under what circumstances and when.

Potential Policy Restrictions
Following the October 4, 2022 City Council meeting, staff reached out to 73 jurisdictions throughout California to gather data on their Mills Act programs. A total of 40 responses were received. Of those, most did not impose any restrictions on properties seeking a Mills Act contract. Those jurisdictions include:

Berkeley; Brea; Campbell; Chico; Chula Vista; City of Monterey; Encinitas; Fontana; Huntington Beach; Los Altos; Monrovia; National City; Oakland; Palm Springs; Placentia; Pomona; San Juan Capistrano; Santa Ana; Santa Monica; Truckee; Ventura; and Ventura County. Some jurisdictions, including but not limited to Pacific Grove, Palo Alto and San Mateo, do not have active Mills Act programs. A minority of respondents reported at least one restriction on either the annual number of contracts permitted; assessed valuation limits; land use limits; or tax revenue loss. A summary of these restrictions are shown in the table below and provided as Attachment 3.

Staff is seeking direction from the City Council on whether to amend the Mills Act Policy to place limits on the annual number of contracts, assessed valuation, land use type or annual tax revenue loss.

Other Items of Interest
Application Fees & Inspections: The current application fee for a Mills Act Contract is $3,584. The fee is set at an amount intended to cover staff’s time processing the application. Following approval and recordation of the contract, homeowners are required to obtain design review approval and/or building permits to carry out the improvements in their rehabilitation plans. Additional fees are collected for these applications and includes the associated inspection costs for the work being performed.

Monterey County Tax Assessment Process: Upon approval of a Mills Act contract by the City Council, the contract is signed by all parties and recorded in the Monterey County Assessor’s Office. The County Assessor is tasked with the responsibility of calculating the property taxes in accordance with sections 439- 439.4 of the Revenue and Taxation Code which states, in part, that restricted historical properties shall be valued based on a prescribed income capitalization method rather than on sales data (Attachment 4). Staff has reached out to the County Assessor and requested a representative attend the Council meeting to respond to specific questions regarding the assessment of Mills Act contract properties.

FISCAL IMPACT:

The City accepts a diminished tax base from properties with Mills Act Contracts in exchange for assurances that historic resources will be rehabilitated, restored, and maintained.

PRIOR CITY COUNCIL ACTION:

On June 8, 2010, the City Council adopted Resolution 2010-42 approving a limit of three Mills Act Contracts for residential properties within a calendar year and requiring the City Council to evaluate the program again in five years.

On September 13, 2016, the City Council adopted Resolution 2016-068 limiting the number of Mills Act Contracts to fifteen during any three-calendar-year period and requiring the City Council to evaluate the program after three years.

On March 3, 2020, the City Council reviewed the Mills Act policy and did not make any changes. The Council also reviewed and accepted standard contract language for Mills Act Contracts.

On October 4, 2022, the City Council discussed the Mills Act policy and directed staff to return at a later date with additional information.

ATTACHMENTS:

Attachment 1) Resolution 2016-068
Attachment 2) Standard Mills Act Contract
Attachment 3) Mills Act Program Survey
Attachment 4) Mills Act Guidelines for the Assessment of Enforceably Restricted Historical Property Attachment 1
Attachment 1
OAK #4831-0417-0411 v2

RECORDING REQUESTED BY

CITY OF CARMEL-BY-THE-SEA

AND WHEN RECORDED MAIL TO

Carmel City Hall
Attn: Community Planning & Building
P.O. Box CC
Carmel-By-The-Sea, CA 93921 This space reserved for the Recorder’s use only

CITY OF CARMEL-BY-THE-SEA

MILLS ACT HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered by and between the CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as “City”), and PROPERTY OWNER (hereinafter referred to as “Owner”).

RECITALS
(i) California Government Code Section 50280, et seq. (known as the Mills Act) authorizes cities to enter into contracts with the owners of qualified historic properties to provide for their appropriate use, maintenance and restoration such that these historic properties retain their historic characteristics;
(ii) The Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at ADDRESS (APN: 123-456- 789), Carmel-By-The-Sea, California, (hereinafter referred to as the “Historic Property”).

A legal description of the Historic Property is attached hereto, marked as “Exhibit A” and is incorporated herein by reference;
(iii) The property is identified as a historic resource on the City of Carmel-By-The-Sea’s Historic Inventory and Register of Historic Resources and is further described in the DPR 523A Form attached hereto, marked as “Exhibit B” and is incorporated herein by reference;
(iv) City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property, as it exists at the date of this contract and as described in the City’s Register of Historic Resources and the National Register of Historic Places, and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

Attachment 2
OAK #4831-0417-0411 v2
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions contained herein, do hereby agree as follows:

1. INCORPORATION OF RECITALS. All recitals are incorporated into this Agreement.

2. EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on the date the Agreement is signed by the City, unless otherwise indicated by the County of Monterey, and shall remain in effect for a minimum term of ten (10) years thereafter.

3. AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this Agreement (hereinafter referred to as “annual renewal date”), one (1) year shall be added automatically to the term of this Agreement, unless timely notice of nonrenewal is given as provided in paragraph 4 of this Agreement. The total length of the contract shall not exceed twenty (20) years.

4. NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this Agreement, that party shall serve written notice of nonrenewal in advance of the annual renewal date of this Agreement as follows: Owner must serve written notice of nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.

If notice is not received, the Agreement shall automatically be renewed for another year.

Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. At any time prior to the annual renewal date, City may withdraw its notice of nonrenewal.

5. EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall remain in effect shall remain in effect for the balance of the period remaining since the original execution or the last annual renewal date.

6. FEES. The City may require that the Owner(s) of the Historic Property pay a fee that shall not exceed the reasonable cost of providing services, such as inspections, pursuant to Government Code Section 50281.1 (Article 12 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code), for which the fee is charged.

7. VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to seek assessment of valuation of the Historic Property pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

8. PRESERVATION OF PROPERTY. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property and agrees to complete rehabilitation and/or maintenance activities as defined in the Rehabilitation/Restoration and Maintenance Plan attached as “Exhibit C”. Requests for revisions to the Maintenance and Attachment 2
OAK #4831-0417-0411 v2
Rehabilitation plan shall be reviewed by the Historic Resources Board prior to implementation. In addition, Owner shall comply with the terms of the City’s Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further impede any view corridor with any new structure, including but not limited to walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-ofway.

9. RESTORATION OF PROPERTY. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of the Interior’s Standards for Rehabilitation, the State Historical Building Code, and the City of Carmel-by-the-Sea, all as amended.

10. INSPECTIONS. Owner shall allow periodic examinations, at least every five (5) years, with reasonable notice thereof, of the interior and exterior of the Historic Property by representatives of the County of Monterey Assessor and the City of Carmel-By-The-Sea as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. The City will coordinate inspections by such other agencies that have jurisdiction and will keep them to the minimum necessary to determinate such compliance.

11. PROVISION OF INFORMATION. Owner shall furnish City with any and all information required by City, in order to determine the eligibility of the Historic Property, and that City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.

12. ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each annual renewal date (October 1st) to the Department of Planning and Building specifying all work that has been done to maintain and preserve the historic resource over the preceding year in compliance with the approved maintenance plan.

13. CANCELLATION. The City has the right to cancel the contract if the owner allows the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The City also has the right to cancel this contract if the owner(s) breaches the provisions of paragraph’s # 8, 9, 10 or 12 of this Agreement after the City has provided reasonable notice of any failure to comply with the agreement, and a public hearing. Notice of the hearing shall be mailed to the last known address of each owner of the property, with the notice conforming to the provisions of Government Code section 6061., If after notice and a hearing, the contract is cancelled, termination of the Agreement is immediate, and the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the Monterey County Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the Assessor, at the time and in the manner that the Assessor shall prescribe. City’s right to cancel this Agreement pursuant to this paragraph Attachment 2
OAK #4831-0417-0411 v2
shall in no way limit or restrict its rights or legal remedies arising from City’s Historic Preservation Ordinance and Municipal Code.

14. ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement.

15. WAIVER. City does not waive any claim or default by Owner if City does not enforce or cancel this Agreement. All remedies at law or in equity, which are not otherwise provided for this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

16. BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to the covenants, reservations and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who executed the Agreement.

Each and every contract, deed or other instrument hereinafter executed, governing or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historic characteristics and significance of the Historic Property for the benefit of the public and Owner.

17. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below, by personal delivery or United States mail, postage prepaid, addressed as follows:

City: Carmel-By-The-Sea
Community Planning & Building Department
Attn: Community Planning & Building Director
P.O. Box CC
Carmel-By-The-Sea, CA 93921
Attachment 2
OAK #4831-0417-0411 v2
Owner: Name
Address
City, State, Zip
Notice to successors in interest to either party shall be sent to the appropriate address.

In the case of future Owner(s) of the Historic Property, notice shall be sent to the address on file with the county property tax office in power at the time.

18. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Monterey. From and after the time of the recordation, this Agreement shall impart a notice thereof to all persons as is afforded under state law.

19. STATE LAW. The Owner or agent of Owner shall provide written notice of this Agreement to the State Office of Historic Preservation within six (6) months of the date of this Agreement.

20. GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in accordance with the laws of the State of California. Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey County, California and the party prevailing in such action shall be entitled to a reasonable attorney fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment together with all costs.

21. AMENDMENTS. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.

22. DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be preplaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled.

No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph. Such Agreement shall be null and void for all purposes of determining the value of the property so acquired.

23. INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any Attachment 2
OAK #4831-0417-0411 v2
federal, state or local government agency, arising out of or incident to the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner’s activities in connection with the Historic Property; and (iii) any restriction on the use of development of the Historic Property, from application or enforcement of the City’s Municipal Code, or from the enforcement of this Agreement.

This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of the City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

24. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.

IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year written above.

CITY OF CARMEL-BY-THE-SEA:

By: _______________________ Date: __________________
Name: Richard L. Rerig (“Chip”)
Title: City Administrator

PROPERTY OWNER(S):

By: __________________________ Date: ___________________ Name:

Title: Property Owner
By: __________________________ Date: ___________________ Name:

Title: Property Owner
Attachment 2
OAK #4831-0417-0411 v2

EXHIBIT A

LEGAL DESCRIPTION

EXHIBIT B
DPR 523A FORM

EXHIBIT C

REHABILITATION/RESTORATION AND MAINTENANCE PLAN
Attachment 2
City/County Annual Limit on the
Number of Contracts
Limits on
Assessed Valuation
Limits on
Land Use Type
Limits on Annual
Tax Revenue Loss
Beverly Hills -
$8 million for single-family residential
$10 million for multi-family rental
$7.5 million for commercial
-
$500,000 to City
$400,000 to Schools
Claremont 6 - Residential only -
Coronado - - -
50% tax reduction
limit for individual
properties
Fullerton 10 $800,000 Residential only -
Long Beach 22 $1,558,465 for residential
$4,032,538 for commercial - -
Los Angeles City -
$1.5 million for residential
$3 million for commercial - -
Los Angeles County -
$1 million for residential
$3 million commercial - -
Monterey County -
$3 million for residential
$5 million for commercial - -
Pasadena 26 $2 million for residential
No cap on commercial - -
Riverside 10 - - -
Salinas - - - $100,000
San Francisco -
$3 million for residential
$5 million for commercial - -
San Luis Obispo 10 - - -
Santa Barbara -
$2.5 million for single-family; $3 million
for multi-family or commercial - $260,000
Santa Clara 10 - - -
Sierra Madre 3 - - -
Sunnyvale 3 - - -

STATE OF CALIFORNIA
June 2, 2005
TO COUNTY ASSESSORS AND INTERESTED PARTIES:

NOTICE OF BOARD ACTION

GUIDELINES FOR THE ASSESSMENT OF

ENFORCEABLY RESTRICTED HISTORICAL PROPERTY
On May 25, 2005, the Board of Equalization approved the following guidelines pertaining to the assessment of enforceably restricted historical property. These guidelines supersede Letter To Assessors No. 77/174 (dated December 19, 1977).

On June 8, 1976, the voters of California approved Proposition 7 which amended section 8 of article XIII of the California Constitution. This amendment requires that enforceably restricted historical property be valued on a basis that is consistent with its restrictions and uses. Sections 439 through 439.4 were added to the Revenue and Taxation Code to implement Proposition 7.

These statutes, in particular section 439.2, prohibit a valuation of enforceably restricted historical property based on sales data and instead require that such property be valued by a prescribed income capitalization method.

Staff drafted these guidelines in consultation with interested parties and, after discussions, no issues remained unresolved. The guidelines discuss the enforceably restricted historical property requirements, the income to be capitalized, the capitalization rate, the effect of Proposition 13 upon enforceably restricted historical properties that undergo change in ownership or new construction, and the valuation of property under notice of nonrenewal.

The guidelines are posted on the Board's website at www.boe.ca.gov/proptaxes/guideproc.htm.

We hope this information proves useful and promotes uniformity of assessment for these properties. If you have any questions, please contact our Real Property Technical Services Unit at 916-445-4982.

Sincerely,
/s/ David J. Gau
David J. Gau
Deputy Director
Property and Special Taxes Department
DJG:grs
Enclosure
BETTY T. YEE
Acting Member
First District, San Francisco

BILL LEONARD
Second District, Sacramento/Ontario

CLAUDE PARRISH
Third District, Long Beach

JOHN CHIANG
Fourth District, Los Angeles

STEVE WESTLY
State Controller, Sacramento
RAMON J. HIRSIG
Executive Director
No. 2005/035

STATE BOARD OF EQUALIZATION

PROPERTY AND SPECIAL TAXES DEPARTMENT
450 N STREET, SACRAMENTO, CALIFORNIA
PO BOX 942879, SACRAMENTO, CALIFORNIA 94279-0064
916 445-4982 z FAX 916 323-8765
www.boe.ca.gov
Attachment 4
1 GUIDELINES FOR THE ASSESSMENT OF

ENFORCEABLY RESTRICTED HISTORICAL PROPERTY

HISTORY
Effective March 7, 1973, Chapter 1442 of the Statutes of 1972 (also known as the Mills Act) added sections 50280 through 50289 to the Government Code to allow an owner of qualified historical property to enter into a preservation contract with local government. When property is placed under such a contract, the owner agrees to restore the property if necessary, maintain its historic character, and use it in a manner compatible with its historic characteristics.

Prior to the passage of Proposition 7 in 1976, these agreements (i.e., Mills Act contracts) constituted enforceable restrictions on the use of land within the meaning of Revenue and Taxation Code section 402.11
(Property Tax Rule 60, repealed January 10, 1978). However, Proposition 7 added the second paragraph to section 8 of article XIII of the California Constitution:

To promote the preservation of property of historical significance, the Legislature may define such property and shall provide that when it is enforceably restricted, in a manner specified by the Legislature, it shall be valued for property tax purposes only on a basis that is consistent with its restrictions and uses.

To implement Proposition 7, Chapter 1040 of the Statutes of 1977 (Senate Bill 380) added sections 439 through 439.4 to the Revenue and Taxation Code. These statutes, in particular section 439.2, prohibit a valuation of enforceably restricted historical property based on sales data and instead require that such property be valued by a prescribed income capitalization method.

ENFORCEABLY RESTRICTED HISTORICAL PROPERTY
Under section 439, historical property is "enforceably restricted" if it meets the definition of a "qualified historical property" as defined in Government Code section 50280.1 and is subject to a historical property contract executed pursuant to Government Code section 50280 and following.

A qualified historical property includes qualified historical improvements and the land on which the improvements are situated, as specified in the historical property contract. If the contract does not specify the land to be included, the qualified historical property includes only a land area of reasonable size to situate the improvements.

A qualified historical property is privately-owned property that is not exempt from property taxation and that also meets either of the following criteria:
• The property is listed in the National Register of Historic Places, or is located within a registered historic district; or

1 Unless otherwise noted, all statutory references are to the Revenue and Taxation Code.

Attachment 4
2 • The property is listed in any official state, county, city, or city and county official register of historical or architecturally significant sites, places or landmarks, including the California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, local landmarks, and local survey listings of historical properties.

The historical property contract must have a minimum term of ten years, and, as applicable, must contain certain other elements, including the following:
• A provision relating to the preservation of the qualified historical property and, when necessary, the restoration and rehabilitation of the property in conformance with state historic preservation guidelines;
• A requirement for the periodic examination of the property to ensure compliance with the agreement;
• A requirement that the historical property agreement be binding upon successor owners of the qualified historical property; and
• A provision for an automatic one-year extension of the contract, with an additional year added to the initial contract term on each anniversary of the contract, unless either party provides notice of nonrenewal. If a notice of nonrenewal is given, the contract runs for its remaining term.

Once a contract is signed, accepted, and recorded, the property subject to the contract must be assessed under section 439.2 on the ensuing lien date. For example, if a contract were recorded in August 2004, the property should have been valued pursuant to section 439.2 for lien date January 1, 2005.

Local authorities may cancel a historical property agreement for breach of contract or failure to protect the historical property. Alternatively, the local entity may take legal action to enforce the contract.

ASSESSMENT
The assessment of an enforceably restricted historical property involves the following aspects:
(1) valuing the restricted historical property; (2) properly applying certain assessment provisions relating to article XIII A of the California Constitution (Prop 13); (3) valuing the restricted historical property following a notice of nonrenewal; and (4) valuing the restricted historical property following cancellation of the contract.

Valuing the Restricted Historical Property
Section 439.2 prohibits the assessor from using sales data relating to similar properties, whether or not enforceably restricted, to value an enforceably restricted historical property. Instead, the assessor must annually value a restricted historical property using an income approach that Attachment 4
3 follows the specific provisions of section 439.2. These provisions explicitly address (1) the determination of the income to be capitalized, (2) the development of the capitalization rate, (3) the capitalization technique to be used, and (4) the determination of the restricted historical property's taxable value on each lien date.

Income to be Capitalized
As provided in section 439.2(a), the income to be capitalized when valuing a restricted historical property is the property's fair rent less allowed expenditures, or allowed expenses. In general, section 439.2(a) follows Property Tax Rule 8(c), with fair rent in section 439.2 corresponding to gross return in Rule 8(c); allowed expenditures, or allowed expenses, in section 439.2 corresponding to gross outgo in Rule 8(c); and the income to be capitalized in section 439.2 corresponding to net return in Rule 8(c). In addition, for the purposes here, "gross income" is synonymous with fair rent, and "net operating income" is synonymous with the income to be capitalized.

The parties to a historical property agreement may stipulate a minimum annual income to be capitalized, in which case the income to be capitalized may not be less than the stipulated amount.

Fair rent, or gross income. The gross income of a restricted historical property is the fair rent for the property considering the restrictions on the property's use. When establishing the fair rent for a restricted historical property, the appraiser should consider the actual rent and typical rents in the area for similar properties in similar use, where the owner pays the property taxes.

The actual rent received by the owner of the subject restricted historical property is relevant to an estimate of fair market rent only if the actual rent is the same rent that would be expected if the existing lease were renegotiated in light of current market conditions, including the subject property's enforceable restrictions on use. With respect to rents from similar, or comparable, properties, if such rents are from properties outside the geographic or market area of the subject property, or from properties that are otherwise dissimilar to the subject property, the rents may not be relevant to an estimate of the subject property's fair rent.

Comparable rental data for single-family residences can be obtained from real estate brokers, rental agencies, and newspaper ads. Many assessors offices maintain rental data for commercial properties, and this data may be helpful when establishing the fair rent for restricted historical property when the contract allows a commercial use. Rental data for commercial property also can be obtained from commercial real estate brokers. For the purpose of estimating anticipated market fair rent and expenditures for use in calculating the subject property's value, rental and expense data for existing restricted historical properties, including the subject historical property, can be obtained through an annual questionnaire sent to property owners.

If sufficient rental data are not available, or such data are unreliable, the appraiser must impute a gross income for the subject restricted historical property. The imputed income should be based on what an informed investor would reasonably expect the property to yield under prudent management, given the provisions under which the property is enforceably restricted.

Attachment 4
4 Allowed expenditures. Section 439.2(a)(3) defines allowed expenditures, or allowed expenses, as expenses necessary for the maintenance of the property's income. Allowed expenses are the same as those permitted in Property Tax Rule 8(c).

Typical expenses include the cost of utilities, maintenance and repair, insurance and property management. Allowed expenses also may include amounts owing for special assessments and special taxes. Expenses related to debt service, general property taxes, and depreciation should not be deducted.

In general, to arrive at the net income to be capitalized, allowed expenses are subtracted from the estimated rental income. However, in order to properly process the income, the appraiser must be aware of the structure of the lease with regard to how expenses are shared between the landlord-owner and the tenant.

The proper perspective from which to view the processing of income and expenses is that of the landlord-owner. The objective is to estimate the net income to the landlord-owner—this is the amount that should be capitalized—and the correct question to ask is the following: What, if any, allowed expenses must the landlord-owner pay out of the rental income that he or she receives?
In a gross lease, almost all of the allowed expenses must be paid out of the gross rent and, therefore, must be subtracted from the gross rent to arrive at the net income to be capitalized. In a net lease, relatively few allowed expenses must be paid by the landlord-owner out of the net rent (because the tenant pays most expenses) and only these expenses should be subtracted from the net rent to arrive at the net income to be capitalized. Frequently, there is a hybrid arrangement—some expenses are paid by the landlord-owner and some by the tenant. How expenses are shared often depends upon the property type together with local conventions.

Income to be capitalized, or net operating income. The income to be capitalized, or net operating income, is simply the fair rent, or gross income, described above less the allowed expenditures described above.

Capitalization Rate
The method of developing the capitalization rate to be used when valuing restricted historical property is prescribed by statute; a capitalization rate derived from sales data or the band of investment is not permitted.

Section 439.2 prescribes two types of capitalization rates for restricted historical property: (1) a capitalization rate to be used when valuing restricted historical property that is an owneroccupied single-family residence and (2) a capitalization rate to be used when valuing all other restricted historical property. Both types of capitalization rates include components for interest (i.e., yield), risk, property taxes, and amortization of improvements; in fact, the two rates are identical except for the amount of the risk component. The capitalization rate contains the following components:

Attachment 4
5 • An interest component annually determined by the State Board of Equalization and based on the effective rate on conventional mortgages as determined by the Federal Housing Finance Board. The interest component is announced annually, in a Letter To Assessors, by October 1 of the preceding assessment year.
• A historical property risk component determined by property type. For owner-occupied single-family residences, the rate is 4 percent; for all other types of restricted historical property, the rate is 2 percent.
• An amortization component for improvements defined as a percentage equal to the reciprocal of the remaining life of the improvements (e.g., if the remaining economic life of the improvements were 20 years, the amortization component would be 5 percent). Since the amortization component applies only to improvements, not to land, which is a nondepreciating asset, it is necessary to adjust the amortization component described in the statute. We recommend the following method of adjustment:

1. Based upon market data, estimate the percentage of total property value attributable to improvements.

2. Multiply this percentage by the amortization component described in the statute (i.e., by the reciprocal of the remaining life of the improvements). For example, if the remaining life of the improvements was 20 years, yielding a reciprocal percentage of 5 percent, and if 70 percent of the total property value was attributable to the improvements, the adjusted amortization factor would be 3.5 percent (0.05 x 0.70 =

0.035).

3. Add the adjusted amortization component to the other capitalization rate components to arrive at the total capitalization rate.
• A property taxes component equal to the percentage of the estimated total tax rate applicable to the property for the assessment year multiplied by the assessment ratio. Typically, the property tax component includes the basic tax rate of 1 percent plus an additional ad valorem rate related to any bonded indebtedness pertaining to the tax rate area in which the property is located. Special district assessments and special taxes are not included in the property tax component. As noted above, they should be treated as allowed expenses.

Capitalization Technique
The capitalization technique to be used when valuing a restricted historical property is prescribed by statute and is formulaic. Section 439.2(e) provides that the restricted value shall be the income to be capitalized, or net operating income, developed as prescribed by statute, divided by one of the two types of capitalization rates prescribed by statute. In other words, the restricted value is the simple quotient of the prescribed income to be capitalized and the prescribed capitalization rate.

Attachment 4
6 Determination of Taxable Value on Each Lien Date
Section 439.2(d) provides that a historical property's restricted value may not be enrolled if it exceeds either (1) the value of the subject property as determined under section 110 (i.e., current market value) or (2) the value of the subject property as determined under section 110.1 (i.e., factored base year value). In other words, section 439.2 states that the taxable value of a restricted historical property on each lien date shall be the lowest of its restricted value, current market value, or factored base year value. The factored base year value for an enforceably restricted historical property is the value that was established for the 1975 lien date2 or as of the
date of the most recent change in ownership, whichever is later, adjusted by the annual inflation factor.

Article XIII A (Prop 13) Considerations
This section discusses how three important elements relating to implementation of article XIII A—change in ownership, new construction, and supplemental assessment—relate to the assessment of restricted historical property. Also discussed is the case in which only a portion of a property is subject to the historical property agreement—that is, the case in which a single property unit contains both restricted and unrestricted portions.

Change in Ownership
When a property subject to a historical property contract undergoes a change in ownership, a new base year value should be established for the property as of the date of change in ownership, as provided in section 110.1. Typically, a restricted historical property's base year value will be greater than its restricted value determined under section 439.2 and hence will not be enrolled as the property's taxable value. However, the establishment of a new base year value enables the assessor to perform the three-way value comparison prescribed by section 439.2(d) and described above. The establishment of a base year value is also necessary in order to calculate the assessed values of historical property should the historical property agreement enter nonrenewal status.

New Construction
Section IV of National Register Bulletin #15 defines a "building" as follows:

A building, such as a house, barn, church, hotel, or similar construction, is created principally to shelter any form of human activity. "Building" may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.

Section IV further specifies that "[b]uildings eligible for the National Register must include all of their basic structural elements. Parts of buildings, such as interiors, facades, or wings, are not eligible independent of the rest of the existing building. The whole building must be considered,

2 Sections 110.1(d) and 405.5 do not apply to historical properties under contract as of lien date 1975 because the constitutional amendment which placed the valuation of historical property under article XIII rather than article XIII A had not yet been passed and, thus, was not in effect for the 1975 lien date.

Attachment 4
7 and its significant features must be identified." Thus, eligibility for the National Register is determined by the extent to which the basic structural elements of an existing building are intact.

In general, a newly constructed building would not be eligible because it is not an existing building with basic structural elements.3
Also, a newly constructed building is not a historic resource, and, thus, is not a qualified historical property within the meaning of Government Code section 50280.1. For example, a newly constructed detached garage (assuming it is not a reconstruction of a historical garage) clearly would not be eligible because it has no significance in American history or architecture, nor does it meet any of the other requisite criteria.

Bulletin 15, however, does list one type of newly constructed property that may be eligible for inclusion under the Mills Act. A reconstructed historic building is eligible for the National Register if the reconstruction is "accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived."
The historical property contract typically specifies the scope and type of any work to be performed on the historical improvements. Improvements existing as of the date of the contract would be subject to the provisions of section 439.2 unless specifically excluded by the contract.

Any new construction made to the historical structure after the issuing date of the contract would not be subject to the provisions of section 439.2 unless specifically included in the contract or an amendment to the contract. Any questions regarding new construction to enforceably restricted historical structures should be directed to the counsel of the legislative body of the city, county, or city and county that contracted with the property owner.

Assuming that the newly constructed property is subject to the historical property contract, a base year value should be established for the newly constructed portion and this value added to the factored base year value of the existing restricted property.

In some cases, an existing historical property may include a portion that is restricted (i.e., subject to a historical property contract) and a portion that is unrestricted. In this case, separate factored base year values should be maintained for the restricted and unrestricted portions and the base year value of any newly constructed property added to the appropriate portion. The assessment treatment of this type of property is discussed further below.

Supplemental Assessment
Although the assessor is required to establish a new base year value upon a change in ownership or completed new construction involving restricted historical property, such property is not subject to supplemental assessment. As provided in Revenue and Taxation Code section 75.14:

Supplemental assessment; limitation. A supplemental assessment pursuant to this chapter shall not be made for any property not subject to the assessment

3 National Register Bulletin 15, "How to Apply the National Register Criteria for Evaluation," U.S. Department of the Interior, National Park Service (www.cr.nps.gov/nr/publications/).

Attachment 4
8 limitations of Article XIII A of the California Constitution. All property subject to the assessment limitations of Article XIII A of the California Constitution shall be subject to the provisions of this chapter, except as otherwise provided in this article.

As discussed above, the assessment of enforceably restricted historical property is subject to the provisions of article XIII, section 8 of the California Constitution, not article XIII A. Thus, section 75.14 precludes the assessor from enrolling supplemental assessments for enforceably restricted historical property.

Historical property not yet under contract that undergoes a change in ownership or new construction is subject to supplemental assessment, even if the property owner later executes a historical property contract in the same fiscal year. Also, any new construction involving a historical property that does not come under the existing historical property contract (e.g., a detached garage added to a restricted historical property) would be subject to supplemental assessment.

When a Property Contains Both Restricted and Unrestricted Portions When only a portion of a property that would normally be considered a single appraisal unit is restricted by a historical property contract, the assessed value should be determined by making a comparison of three values, determined as follows. First, the portion under contract should be valued using the capitalization method prescribed by section 439.2. Added to this figure should be the lower of the unrestricted portion's fair market value or factored base year value. The resulting sum should be compared to both the fair market value and the factored base year value of the entire property (i.e., both restricted and unrestricted portions) and the lowest of the three figures should be enrolled.

Valuing Property Under Notice of Nonrenewal
As provided in Government Code section 50282, either the owner of a restricted historical property or the local government entity may serve notice that it does not intend to renew the historical property contract. If such notice is not given, another year is automatically added to the term of the initial contract, thus creating a "rolling" contract term that is always equal to the initial contract term.

Section 439.3 prescribes the valuation method for a restricted historical property in nonrenewal status; this valuation method applies until the end of the restricted period (i.e., until the existing contract expires). In essence, the method results in a restricted value that gradually approaches the historical property's factored base year value as the remaining term under the contract decreases. For a property in nonrenewal status, the assessor must annually value the property as follows:

1. Determine the full cash value (i.e., factored base year value) of the property in accordance with section 110.1. (Alternatively, if the property will not be subject to section 110.1 when the historical property agreement expires, determine its fair market value in accordance with Attachment 4
9 section 110, as if the property were free of the agreement's restrictions; or, if the property will be subject to another type of restricted value standard when the historical property agreement expires, determine the property's value as if it were subject to the new restrictions.)

2. Determine the restricted value of the property by the capitalization of income method provided in section 439.2.

3. Subtract the restricted value determined in Step 2 from the factored base year (or other) value determined in Step 1.

4. Using the amount for the interest rate component (section 439.2(b)(1)) announced by the Board, discount the amount obtained in Step 3 for the number of years remaining until the termination of the contract.

5. Determine the restricted value of the property in nonrenewal status by adding the value determined in Step 2 to the amount obtained in Step 4.

The historical property's restricted value in nonrenewal status—that is, the value determined above, in accordance with section 439.3—should be compared with the historical property's factor base year and current market values, and the lowest of these three values should be enrolled as the property's taxable value.

Cancellation of Contract
The government entity party to a historical property contract may cancel the contract, after notice and a public hearing, if it determines that either the owner has breached the agreement or the property has deteriorated to the extent that it no longer meets the standards of a historical property. If the contract is cancelled, the property owner must pay a cancellation fee equal to 12½ percent of the property's current fair market value as though free of the contractual restriction, such value to be determined by the county assessor. After a contract is cancelled, the lower of the property's factored base year value or current market value should be enrolled for the ensuing lien date.

SUMMARY
The key points contained in these guidelines can be summarized as follows:

1. An owner of qualified historical property may enter into a preservation contract with local government. When property is placed under such a contract, the owner agrees to restore the property if necessary, maintain its historic character, and use it in a manner compatible with its historic characteristics. Such property receives the special valuation treatment prescribed under Revenue and Taxation Code sections 439 through 439.4.

2. Enforceably restricted historical property is to be annually valued by the income capitalization method prescribed in section 439.2, which contains specific instructions with Attachment 4
10 regard to the income to be capitalized, the capitalization rate, and the capitalization technique to be used. The restricted value must be compared to the property's current market value and factored base year value, with the lowest of these three values enrolled as the property's taxable value.

3. When assessing restricted historical property, the appraiser should consider how three important elements of article XIII A—change in ownership, new construction, and supplemental assessment—relate to the assessment. The appraiser should consider how a property should be assessed when only a portion of it is subject to a historical property agreement.

4. Restricted historical property under a notice of nonrenewal should be valued in accordance with section 439.3.

5. The government entity party to a historical property contract may cancel the contract. The cancellation fee is 12½ percent of the property's current fair market value as though free of the contractual restriction, with such value to be determined by the local assessor.

Additional information about Mills Act contracts may be obtained from the state Office of Historic Preservation, either by telephone at 916-653-6624, or from their website (www.ohp.parks.ca.gov).
(Note: Please see the assessment examples following.)
Attachment 4
Historical Property Valuation Examples Page 1
EXAMPLE 1 (OWNER-OCCUPIED SINGLE-FAMILY RESIDENCE)
Subject Restricted Historical Property
Restored, 105-year-old, Victorian single-family residence. Excellent condition. Under Mills Act contract since 1985 and not in nonrenewal status. Owner-occupied.

Determination of Restricted Value (current lien date)
Gross income (Fair rent)
$1,500 per month x 12 months = $18,000
Less: Anticipated vacancy and collection loss
$18,000 x 5% - 900
Effective gross income $17,100
Less: Anticipated operating expenses
Grounds maintenance $600
Fire insurance 400
Management Fee 360
Water and garbage 240
Building maintenance + 500 - 2,100
Net Operating Income $15,000
Restricted Capitalization Rate
Rate Components:

Interest rate .080
Risk (owner-occupied SFR) .040
Property tax (ad valorem) .015
Amortization (50-year remaining life; improvements
constitute 70% of total property market value;

0.02 x 0.70 – 0.014) + .014 .149
Restricted Value
$15,000 ÷ .149 = $100,671
Taxable Value—Three-Way Value Comparison
Restricted value $100,671
Factored base year value (based on prior change in ownership) $357,000 Current market value (based on comparable sales) $450,000 The lowest of the three possible values is the restricted value. Thus, the net taxable value would be $93,671 ($100,671 restricted value less the homeowners' exemption of $7,000).

Note 1: If this property had been a non-owner-occupied SFR, the only difference in the determination of the restricted value would have been the use of a risk rate component of 2% rather than 4% in the capitalization rate.

Note 2: In this and the following examples, the gross income, or fair rent, is presented on a gross rent basis, that is, under the assumption that the landlord-owner pays all operating expenses out of the gross income.

Attachment 4
Historical Property Valuation Examples Page 2
EXAMPLE 2 (OFFICE USE)
Subject Restricted Historical Property
Multi-tenant, restored historical office building in a downtown commercial district. Under Mills Act contract since 1985 and not in nonrenewal status.

Determination of Restricted Value (current lien date)
Gross Income (Fair rent):

Offices 140,000 sf @ $1.75/sf = $245,000
x 12 months = $2,940,000
Less: Anticipated vacancy and collection loss
$2,940,000 x 5% - 147,000
Effective gross income $2,793,000
Less: Anticipated operating expenses
Management $290,000
Maintenance 95,000
Insurance 75,000
Utilities 360,000
Janitorial + 140,000 - 960,000
Net Operating Income $1,833,000
Restricted Capitalization Rate
Rate Components:

Interest component .08
Risk .02
Property tax (ad valorem) .011
Amortization (50-year remaining life; improvements
constitute 75% of total property market value

0.02 x 0.75 = 0.015) + .015 .126
Restricted Value
($1,833,000 ÷ .126) = $14,547,619
Taxable Value—Three-Way Value Comparison
Restricted value $14,547,619
Factored base year value (based on prior change in ownership) $18,191,077 Current market value (based on comparable sales) $21,000,000 The lowest of the three possible values is the restricted value. Thus, the taxable value would be $14,547,619
Attachment 4
Historical Property Valuation Examples Page 3
EXAMPLE 3 (MIXED USE—RESIDENTIAL AND OFFICE)
Subject Restricted Historical Property
Two-story, restored historical property in a downtown district. Upper level is residential unit occupied by owner. Lower level contains three office spaces subject to short-term rental agreements. The income stream for the upstairs unit must be calculated separately from the downstairs unit because the risk rate is different for the owner-occupied unit.

Determination of Restricted Value
Separate restricted values for the upper-level residence and the lower-level office space must be determined, because the risk components are different for the two types of use. The total restricted value is sum of these two values.

Upper-Level Unit
Gross income (Fair rent) based upon comparable rent data $975 per month x 12 months = $11,700
Less: Anticipated vacancy and collection loss
$11,700 x 5% - 585
Effective gross income $11,115
Less: Anticipated operating expenses
Grounds maintenance $300
Fire insurance 200
Management Fee 180
Water and garbage 120
Building maintenance + 250 - 1,050
Upper-Level Net Operating Income $10,065
Restricted Capitalization Rate (owner-occupied SFR)
Rate components:

Interest rate .080
Risk .040
Property tax .010
Amortization ( 50-year remaining life; improvements
constitute 70% of total property market value;

0.02 x 0.70 = 0.014) + .014 .144
Upper-level Restricted Value ($10,065 ÷ .144) = $69,895 Lower-Level Offices
Gross income (Fair rent)
1000 sf @ $1.60/sf = $1,600 x 12 months $19,200
Less: Anticipated vacancy and collection loss
$19,200 x 5% - 960
Effective gross income $18,240
Attachment 4
Historical Property Valuation Examples Page 4
Less: Anticipated operating expenses
Grounds maintenance $300
Fire insurance 200
Management Fee 180
Water and garbage 120
Building maintenance + 250 - 1,050
Lower-Level Net Operating Income $17,190
Restricted Capitalization Rate
Rate components:

Interest component .080
Risk .020
Property tax .010
Amortization (50-year remaining life; improvements
constitute 70% of total property market value;

0.02 x 0.70 = 0.014) + .014 .124
Lower Level Restricted Value ($17,190 ÷ .124) $138,629
Add: Upper Level Restricted Value + $69,895
Total Restricted Value $208,524
Taxable Value—Three-Way Value Comparison
Restricted Value $208,524
Factored base year value (based upon prior change in ownership) $364,140 Current market value (based upon comparable sales data) $400,000 The lowest of the three possible values is the restricted value. Thus, the net taxable value would be $201,524 ($208,524 less the homeowners' exemption of $7,000).

Attachment 4
Historical Property Valuation Examples Page 5
EXAMPLE 4 (MIXED VALUATION—PART RESTRICTED AND PART UNRESTRICTED) Description of Subject Property (Comprises Both Restricted and Unrestricted Portions) The subject property is a 10-acre parcel with a farmhouse and barn situated on 2 acres; the remaining 8 acres are farmland. The farmhouse and barn are used as an owner-occupied singlefamily residence; this portion of the property is restricted under a Mills Act contract. The remaining 8 acres of farmland are unrestricted.

Value of Restricted Portion (current lien date)
Gross income (Fair rent) for farmhouse and barn
$2,000 per month x 12 months = $24,000
Less: Anticipated vacancy and collection loss
$24,000 x 5% - 1,200
Effective gross income $22,800
Less: Anticipated operating expenses
Grounds maintenance $600
Fire insurance 400
Management Fee 360
Water and garbage 240
Building maintenance + 500 - 2,100
Net Operating Income = $20,700
Restricted Capitalization Rate
Rate components:

Interest component .080
Risk (owner-occupied) .040
Property tax (ad valorem) .010
Amortization (50-year remaining life; improvements
constitute 70% of total property market value

0.02 x 0.70 = 0.014) + .014 .144
Restricted Value ($20,700 ÷ .144) = $143,750
Taxable Value—Three-Way Comparison
Total Property Restricted Value (sum of restricted value above and lower of FBYV or current market value of unrestricted portion)
Restricted Value (portion under contract) $143,750
FBYV (unrestricted portion) + $102,000
Restricted Value (total property) $245,750
Factored base year values (based upon a prior change in ownership of the entire property, allocated between restricted and unrestricted portions):

Farmhouse, barn, and 2 acres (restricted portion) $204,000 8 acres (unrestricted portion) + $102,000
Total FBYV (total property) $306,000
Attachment 4
Historical Property Valuation Examples Page 6
Current market values (based upon comparable sales data):

Farmhouse, barn, and 2 acres (restricted portion) $230,000 8 acres (unrestricted portion) + $120,000
Total Current Market Value (total property) $350,000
The lowest of the three values is the Restricted Value (total property), $245,750. Thus, the net taxable value would be $238,750 ($245,750 less $7,000 homeowners' exemption).

Attachment 4
Historical Property Valuation Examples Page 7
EXAMPLE 5 (PROPERTY IN NONRENEWAL STATUS)
Description of Subject Restricted Historical Property
The same property as in Example 2, except the property owner has served notice of renewal.

The Mills Act contract covering the property was originally executed in September 1995, and the owner served notice of nonrenewal in June 2004. Value the property for the 2005 lien date, reflecting its nonrenewal status. Assume that the property's restricted, current market, and factored base year values from Example 2, provided below, also refer to January 1, 2005.

Restricted value $14,547,619
Current market value $21,000,000
Factored base year value $18,191,077
Restricted Value in Nonrenewal Status
Value as if unrestricted (factored base year value) $18,191,077 Restricted value - 14,547,619
Difference $ 3,643,458
Present worth of difference
PW1 @ 6.00 %, 9 years (interest component for lien date 2005) x .591898 = $ 2,156,555
Plus restricted value + $14,547,619
Restricted value in nonrenewal status—lien date January 1, 2005 $16,704,174 Taxable Value
Since the restricted value in nonrenewal status, $16,704,174, is less than either the property's current market value or its factored base year value, this is the taxable value.

Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Policy Discussion on Potential Reinstatement of the Design Review Board RECOMMENDATION:

Provide early policy direction on the potential reinstatement of the Design Review Board.

BACKGROUND/SUMMARY:

BACKGROUND
In the year 2000, a formal Design Review Board (DRB) was established in the City’s Municipal Code to review residential and commercial projects involving new construction or major alterations, which did not involve other land use entitlements. The DRB consisted of five resident-members, with varied backgrounds in things such as architecture, landscaping, construction, art, and construction. The role of the DRB was to review development projects that fell under their purview, and ensure compliance with the City’s Design Guidelines. Projects which included land use matters along with design review (e.g.: Use Permit, Variance, etc.) did not go to the DRB, but rather went to the Planning Commission. In July of 2009, the DRB was dissolved by Ordinance 2009-07 (Attachment 1) and their duties were combined with those of the City’s Planning Commission. One of the recitals from the ordinance states that the merger would “create more consistency for applicants in design review decisions made by the City and will result in a reduced workload for City staff”. The July 2009 staff report (Attachment 2) went into more detail about the reasons for merging the DRB and Planning Commission back together, which included: 1) A high vacancy rate in the village creating a diminished pool of qualified board members; 2) Reducing the workload of staff by having one less board to manage noticing, reports, agenda, and meetings for; 3) Increasing consistency of decision making by having a single review authority due to a concern that the DRB and Planning Commission interpreted the Design Guidelines differently, and; 4) Decrease in revenue from building permits.

Over the last year, as part of the Design Traditions 1.5 Project (DT-1.5), interest has been expressed by not only the community, but also the City Council to consider reinstating the DRB to shift authority for design review from the Planning Commission to the DRB once again. If the City chooses to move in this direction, it would require amendments to the Municipal Code and Local Coastal Program (LCP), which could be done as part of the Zoning Code amendments taking place as part of the DT-1.5 project. It is expected that the updated Design Guidelines and relevant Zoning Code amendments will be brought before Council in early to mid-summer, 2023 before being transmitted to the Coastal Commission for certification. This means, if the City wishes to move forward with reinstating the DRB, the necessary Municipal Code amendments should begin being drafted in the near future in order to be part of the package brought to the Council for consideration with the DT-1.5 project.

Staff is seeking early policy guidance from Council on the potential re-establishment of the DRB and shifting design review authority away from the Planning Commission. Examples of policy issues to be considered could include but are certainly not limited to things like:

Whether the DRB is an approving body or just a recommending body to the Planning Commission? How to divide duties between the DRB and Planning Commission? How would the establishment of a DRB impact the number of steps in the development application process, which sometimes also includes the Forest and Beach Commission, Historic Resources Board?
What should the DRB appointment criteria look like?
If most design review shifts away from Planning Commission, what do future commission meetings look like?
To help with the policy discussion, sections from the previous Municipal Code have been attached to this report which:

Created the DRB (Attachment 3 - Chapter 2.30);
Established the duties and powers of the DRB (Attachment 4 - Section 17.52.050) Laid out the procedures for Design Review by the DRB (Attachment 5 – Chapter 17.58) FISCAL IMPACT:

None for this item
PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Ordinance 2009-07 dissolving the DRB
Attachment 2) July 2009 City Council Staff Report
Attachment 3) Chapter 2.30 Creating the DRC
Attachment 4) Section 17.52.050 Establishing the Duties and Powers of the DRB Attachment 5) Chapter 17.58 Laying out Procedures for Design Review by the DRB

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE 2009-7

CONSIDERATION OF AN ORDINANCE REVISING THE MUNICIPAL CODE AND

ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN TO RETURN

DESIGN AND LAND USE RESPONSIBILITIES TOTHE PLANNING COMMISSION WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its village character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide property owners in the protection of the residential character; and
WHEREAS, in Dec 2000 the Municipal Code established the duties and responsibilities of the Planning Conunission and Design Review Board; and WHEREAS, at the mid-year budget meeting in February 2009, staff recommended returning all design and land use responsibilities to the Planning Conunission; and WHEREAS, this ordinance will return all design and land use responsibilities to the Planning Conunission; and
WHEREAS, this ordinance will create more consistency for applicants in design review decisions made by the City and will result in a reduced workload for City staff; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act (15305) as it will not have a significant impact on the environment.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt this ordinance with the attached revisions to the Municipal Code and Zoning Code/Local Coastal Implementation Plan.

SEVERABILITY
If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

Attachment 1
\

EFFECTIVE TIME PERIOD
This ordinance shall become effective thirty (30) days after final passage and adoption, or upon certification by the California Coastal Commission, which ever occurs last.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 7th day of July, 2009 by the following roll call vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ATTEST:

Heidi fiurch, City Clerk
ROSE; SHARP; TALMAGE; McCLOUD

HAZDOVAC
NONE

SIGNED,
~ ~e--WJ
SUE McCLOUD, MAYOR
Attachment 1
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Attachment "A"
17 .52.060 Duties and Powers of the Planning Commission.

The Planning Commission as the designated planning agency of the City shall have the following power and responsibilities:

A. To develop and maintain a General Plan.

B. To develop specific plans, master plans and area plans as may be necessary or desirable.

C. To periodically, at least once each fiscal year, review the capital improvement program of the City.

D. To determine the consistency of capital improvements projects and programs with the General Plan.

E. To prepare an annual report to the City Council on the status of the General Plan and progress in its application.

F. To interpret the meaning and intent of the City's land use code.

G. To hear and render decisions on appeals of discretionary decisions made by administrative officials.

H. To review environmental impact reports and initial studies.

I. To conduct public hearings, review evidence and determine requests for use permits, variances, lot line adjustments, subdivisions, rezones and Janel use code amendments.

J. To act on design review and design study applications for those 13rojeets iw1ol¥iag islffil!H6e of a laBG use 13ermi1:.

K. To act on projects subject to coastal permit requirements when such projects are within the categories listed above.

L. To review the water management plan annually.

17.52.160 Planning Commission IIHd Design Review Board Procedures.

A. Purpose. It is the purpose of this section to establish uniform minimum procedures to be followed by the Planning Commission and the Design Re>1iew Board for all projects subject to their review. This section shall not preclude the Commission or Board from adopting additional procedures as necessary for the completion of their duties.

B. Permit Issuance - Review of Plans. No building permit, license or other required permit for any structure, site development or land use shall be issued prior to Planning Commission or Design Re•,iew Board approval if any form of Commission or Board review is required for said improvement by this code. The Director shall ensure that development is executed and completed according to the approved plans.

C. Conduct of Meetings. The Planning Commission shall meet at least once each month and may establish a more frequent schedule as needed. Tile Design Re•1ie>.v Board shall meet at least onee eael!. month aBa ma;r establish a more fre'¥1ent sel!.edule as needed. The Commission aBa Board shall keep minutes of all meetings and complete records of all examinations, findings and other official actions, together with a record of all facts pertinent to the cases submitted for their approval.

D. Public Participation. Actions on all applications considered by the Planning Commission 0f the Design Re>,iew Board shall be open to public testimony. Written comments received from the public will be accepted and entered into the written record accompanying each matter considered by the Commission or the Board. The Commission or Board shall consider written and oral testimony insofar as they provide factual information related to the matter before the approval body and the specific criteria established fur review of the application by this title.

E. Decision. Decisions of the Planning Commission aBa the Design Re>,riew Board shall be reached by an affirmative vote of a majority of its members present. A quorum for each approval body shall consist of three members. All Commission and Board decisions shall be based on consideration of the facts presented to it by the applicant, City staff, and members of the public and consideration of all goals, objectives, policies, criteria and standards established in City planning documents and ordinances. Unless otherwise authorized under the municipal code, the Commission and Board shall not have the authority to waive or modify the site Attachment 1
(
development requirements of this title or the requirements of any other applicable City ordinances.

F. Reports on Final Actions. All actions approving or denying applications shall be made in writing and shall include all findings necessary to support said action. Approvals shall include all findings required by the sections of the municipal code related to the project being approved. Approvals may be granted in whole or in part, with or without conditions necessary to assure the intent and purpose of all applicable policies, standards and guidelines.

G. Reports and Investigations. Reports and investigations may be required by the Planning Commission er the Design Re•;iew Beare prior to approval of any project. The Commission ana the Design Rt!'liew Beare shall have the authority to request reports or investigations from the City Forester, City Engineer, Public Works Director, Building Official, Director or other department heads or conunissions in writing prior to approval of any project.

H. Appeals. All final actions of the Planning Conunission er the Design Re•;iew Beare may be appealed to the City Council in accordance with Chapter 17.54 CMC, Appeals. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17 .52.170 Time Limits on Approvals and Denials.

All applications approved by City staff, the Planning Conunission, the Design Re,;iew Beare or by the City Council on appeal have a limit on the time that the approval remains valid.

Permits or other approvals granted by these approval bodies or by the Historic Resources Board that are not implemented within these time limits become void.

B. General Limits. Unless otherwise stated on the permit, or indicated as a condition of approval by the approving body, the following time limits shall apply commencing upon the date of action by the City staff, Planning Commission, Design Re¥iew Beare or final City Council action:

1. Commercial design review - 18 months;

2. Commercial business use permit - six months;

3. Other commercial district use permits - 18 months;

4. Variances - 12 months;

5. Signs - three months;

6. Residential design study - 12 months;

7. Residential district use permits - 12 months;

8. Lot line adjustments - six months; and

9. Subdivisions - 24 months.

C. Time Extensions. The Director may grant one extension of a time limit, equal in length to the original time limit for those approvals not subject to a public hearing. Similarly, the Planning Conunission, Design Re¥iew Beare or Historical Preservation Board, as appropriate, may administratively grant one extension for approvals originally subject to a public hearing.

If, since the date of the original approval, the conditions surrounding the original approval have changed, or the General Plan, municipal code or Local Coastal Plan Program has been amended in any manner which causes the approval to be inconsistent with these plans or codes, no time extension or renewal shall be granted for any approval.

CMC 17.54.010 Conclusive Decision - Appeal Period.

C. The findings and actions of the Planning Commission, the Design Re>,iew Beare, and the Forest and Beach Conunission shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council pursuant to CMC 17.54.040(C), Appeals to the City Council or the Coastal Conunission pursuant to CMC 17.54.040(D) and 17 .54.050.

17.54.040 Filing Appeals
C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission, the Design Re>1iew Beare, or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in Attachment 1
the office of the City Clerk within 10 working days following the date of action by the decision-making body and paying the required filing fee as established by City Council resolution.
( 17.54.080 Appeals.

A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director, the City Forester, the Planning Commission, er the Design Review Beare or the Historic Resources Board may be appealed by any aggrieved party.

Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and

17.54.050.

CMC 17.58.020 General Requirements and Responsibilities.

B. Coordination of Review Bodies. For any proposed major alteration affecting an historic resource in the commercial and R-4 districts, the Director shall schedule a review of the project plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior's standards. If the site assessment shows that trees will be affected by the project, the Director shall forward the plans to the City Forester for processing.

Any reviews by the Forest and Beach Commission and/or Historic Resources Board that are required for a project shall occur prior to consideration of the project by the Director, Design RB'1ie•w< Beare or the Planning Commission. The procedures established in Chapter 17 .32 CMC, Historic Preservation, shall be followed if the project would affect a historic resource or if it is unknown whether the property contains a historic resource.

D. Design Review Responsibilities. The Planning Commission shall conduct design review for all non-administrative projects a use peffilit, •;arianee, suaei,,;isieH, let liHe aajustHl.eHt er ether la.£8 1:1se peffflit aBa far all f)rejeots subjeot ta ee.viro11H1eata-l re•;iel+'f. Desiga re1.riew far all ether prajeets shall be eeHSUetee by the Design Review Beare er the Direeter pursuant te the speeifie reEtUirements ef this el!apter. The Director may require the Design Re>tiew Beare er Planning Commission to review for any application that raises new policy issues or presents unusual circumstances not addressed by adopted policies, guidelines, or review criteria.

E. Design Review Standards. When conducting design review the Department, DesigH Review Beare, or the Planning Commission shall use the design guidelines adopted by the City Council as the basis for review. The decision-making entity responsible for design review shall consider the conformance of the application to the standards set forth in and promulgated under this title, and may either approve, deny or modify an application for design review.

However, no modification may be made that is not consistent with any other requirement of this title. Specific zoning standards and criteria are established in each zoning district, overlay district, specific plan area, special district, or community plan area. These shall be coordinated with the guidelines in reviewing projects.

17.58.030 Commercial Design Review.

2. Procedures. Within 30 days of the receipt of a complete application for a commercial administrative permit, the Director shall review the proposed project for compliance with the standards and regulations of the CMC, the Coastal Implementation Plan, General Plan policies, commercial design guidelines, public way improvement design guidelines, and other applicable adopted design criteria. The Director may approve the application if all zoning standards are met and the project is consistent with all design guidelines. The Director shall refer for action by the Planning Commission DesigH RB',ril!'N Beare any application for a project that does not comply with applicable adopted design guidelines and design criteria.

Any proposed storefront remodels/alteration to a structure located within the downtown conservation district shall be reviewed by the Historic Preservation Board. The Director shall deny any application for a commercial track one permit that does not comply with the CMC, the Coastal Implementation Plan or the General Plan/Coastal Land Use Plan.

Attachment 1
B. Commercial District Track Two Design Review. This is a discretionary process for reviewing substantial design changes in commercial zoning districts and the R-4 district. The Planning Commission shall conduct design review under this section. for any prejeet that reEJHifes a use permit, varianoe, er ether land use f)OfHlit. The J>esige. R:e,,iew Raarcl &flail eellffilet Elesign re>riew ef all ether prejeets suejeet te Elesign fe>fiew uncler this seetien.

17.58.040

3.b. Projects that comply with zoning regulations but do not comply with the design objectives or residential design guidelines will be referred to the Planning Commission Design Review BearEl for resolution or shall be redirected into track two.

B. Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. Prejeets that reEIQire a Elemolitien permit, ase pel'Hlit, ·raril!1l6e, or other lanEl ase peFH1it er 61Priren1H6fltal re11iew shall ee re~·ie>,TfeEl ey the Planning Cemmissien. The Design Re11iew BearEl shall take aetien en all ether prejeets that reE}llire traek twe re>1iew. All traek twe prejeets are suejeet te the eeastal Ele11elepment perrnit reqairements ef the eertit-ieEl LCP, anEl a traek twe Elesign staEly appre·,,al shall eenstitate a eeastal Ele>1elepment peanit. All track two projects shall require public notice and a hearing pursuant to CMC 17.52.110, Notice of Public Hearing. b. Design Review BearEl er Planning Commission Review. Within 30 days of receiving a complete application, the Director shall schedule the project for a hearing and review of the design concept plans by the Design Re·riew BearEI er Planning Commission. Public notice shall be provided in compliance with the requirements of CMC 17.52.110, Notice of Public Hearing:

B.i. The Design Re>liew BearEl er Planning Commission shall review the proposed site design, basic massing, and other elements of the design concept for compliance with the City's design concept guidelines and the findings required in CMC 17.64.080, Design Study Approval. At the conclusion of this review the DRB er PC shall either (1) accept the design concept as submitted, (2) provisionally accept the design concept and provide direction to the applicant on plan revisions necessary to achieve compliance with the design guidelines and/or zoning standards, or (3) continue design concept for preparation of a new design concept if it is substantially out of compliance with the zoning standards or the design guidelines. Applicants unwilling to make the revisions directed by the DRB/PC in a provisionally accepted concept design or continued design concept may request denial of the project so that an appeal may be filed. A denial shall not be complete until findings are adopted. ii. Projects involving a historic resource shall require a determination of consistency pursuant to CMC 17.32.140. All project approvals shall be consistent with the Secretary of Interior's Standards for Rehabilitation except as provided in CMC 17.30.010. Following action by the Historic Preservation Board, the project shall be scheduled for design concept and final details review by the Planning Commission er the Design Review BearEI consistent with this chapter.

17.58.060 Findings Required.

A. Authority. The Director, the Design Re,;iew BearEl, Historic Preservation Board, or the Planning Commission as applicable to the project, shall have the authority to approve, approve with modifications and/or conditions, or deny an application for design review based on written findings stating the reasons for the action. Findings shall be based on information in the record.

B. Findings for Design Review Approval. Before approving an application for design review in any district, the Director, the Design Re,;ie,u Beam, Historic Preservation Board, or the Planning Commission shall find that the final design plans:

C. Additional Findings for Design Study Approval. In addition to any other findings required by this code (see CMC 17.64.080, Design Study Approval), the Design Re,;iew BoarEI er Planning Commission shall make all of the following findings before granting design review approval in the R-1 district:

Attachment 1
D. Findings Required for Approval of Deviations from Design Guidelines. In addition to any other findings required by this code, before approving any project in the single-family residential (R-1) district that deviates from the City's applicable adopted design guidelines, the Director, Design &e>riew Boara, Historic Preservation Board, or the Planning Commission shall adopt specific findings based on information in the record to show how the proposed deviation from the design guidelines achieves all of the applicable design objectives of CMC

17.58.010, Purpose and Applicability, as well as, or better than, would be achieved by adherence to the adopted design guidelines. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.58.070 Enforcement.

No building or grading permit shall be issued until the applicant submits a final site plan and building permit plans showing any changes required as a condition of design review approval.

Staff shall review all building permit applications for projects subject to design review for compliance with approved design review plans and any conditions of approval. The Director may refer building permit plans to the Design &e>riew Beam or the Planning Commission for a determination of compliance with conditions of approval. After determining that the site plan and building plans comply with all conditions of approval, the Director shall forward copies of the approved plans to the Building Official. All future development shall comply with the approved building permit plans unless modifications or changes are approved pursuant to the requirements of this code.

Sestions:

CAIC ChapteF J.JO
J:JESIG.\' REllJEW B(}ARJ}

2.30.QlO Bstablishment of Beam.
( 2.3Q.Q2Q Memeership ana Criteria for Aflpoimrnent.

2.3Q.Q3Q ,<\ppointment P-roeess.

2.3Q.Q4Q Termination of Members.

2.30.0§Q Bylaws, Polieies, R-tiles a-nEl Proseaures.

2.3Q.Q6Q Duties, &esponsieilities a-nEl Authority.

2.30.0:J.O Establishment of BoaFEI.

There hereey is ereatea ana establishea the Design &e>,iew Boara for the City of Carmel by the Sea. EOra. 2QQQ 10 § 1, 2QQQ).
2,30.000 l\tleml!eFShip BREI Criteria fuF Appointment.

A. The Design &e>,iev.' Boara shall soasist of fi,,e memeers eaeh of whom shall be appeintea ta serve a fear year toffH:.

B. la establishiag these eriteria for appointment, the City Collll6il seeks to iasare that the Desiga Re-11ie:w :BeaFQ af)f)Sintoos Betk SUfJport aBQ will a8veea-te fer tao onl-1aneemont aflQ prese£¥atiea of Carmel by the Sea as "primarily, essentially a-nEl preaomiHately a resiaential City ... " With this beiHg the City Collll6il's inteRtioa:

1. All members of the Desiga &e11iew Beam shall be resiaents a-nEl eleetors of the City.

2. All memeers, if possiele, shoala share 11ariea baekgrOHnEls a-nEl ei;perieRGe ia arehitestHre, histerieal arehiteerare, Elesiga art, la-naseapiRg er eeRStraetioflfbl¾ilaiag inEll¾stry or &Ry eombiRatiea thereof. EOm. 2QQQ IQ § 1, 2QQQ).
2,30,000 ,"i.ppointmeet Pffeess.

A. Members of the Desiga &e\·iew Beara shall be appointea iR aseemaaee with City CoaRGil poliey a8opte8 by reseklaoe. af tao Ceaneil.

B. Terms of memeers shall be staggerea so that RO more than two terms shall ei;pire ia &Ry eoo year. Appointments shall be, where possiele, maae prior ta the begiRning of the term of effiee iR omer that the oow memberEs) shall be able to besome familiar with the fuRGtioRS of Attachment 1
(
the BeaFd pfieF ts being seated. Teffils ef effiee KIF aew membefS shall begiR at the eemmeaeemem: sf the fiFst regular meetiag ifl the meath ef OetebeF ef the apprepriate year.

Teffils sf effiee fer 0atg0ing members shall eHEi simaltaaeeusly. The ae•.vly appeifl.ted membeFs shall be sweFH ia by the City CleFk. EOrd. 2,QQQ lQ § 1, 2,QQ~.

2.39.949 Tem1inati0n ef l\lleml!eFS.

A member sf the Desiga Re•ril!'.v Beard shall be teffilmated eHly ander the fellewiag eireamstal1€es:

A .. The meHJ:Ber eeases ta be a resideat er a:H eleetar sf tao City. ll. The memBer is iU er aesem fFom tao City aft0 uaable to atteREI. tJ.:n:ee eenseeutive regular 13oaffi meetings, Bat fails to so H0tify either tao Chaiff)erson, ,7iee Chaiff)erson, or tlte Direeter sf the Departml:!ft1: ef C011111R1Hity P-laHniRg aHd Baildiag.

C. The member, v/Rea aeitl½er iU aor &Bsont from tao City, fails to a-tteeEl three e0F1SeeatP1e regular Beard meetings.

D. The member is terminated by a majerity •rate ef the City Ceaaeil. EOrd. 2,QQQ lQ § 1, 2,QQQ•.

2.39.9§'9 Bylaws, l!elieies, Rules and l!FeeedaFes.

The Design Rl!'lil!'N Beard shall adept er maifl.tain bylaws, pelieies, mies aaa preeedafes geverniag parliameatary aetieas. The bylaws shall be filed with the City Clerk. EOrd. 2,QQQ lQ § 1, 2,QQQ•.

2.39.9(i9 I>uties, Responsibilities and A-utkomy.

The Desiga Review Beard shall hwre the duties defiaed in CMC Title 17 aHd is Klffiled generally ts Fl!'liew Fesideatial, eemmeFeial aaa pablie weFks projeets iwrnlviag eenstrnetiea of ae\v EP.ve1Hags, S1:18s-taBtial alteFatioas aHQ pr0jeets tJ½at Ela aot E}HaJify fer a8:miBistFative reYie:w aft8 do aot ia¥ol¥o lanEl ase or Yaria.-Hees. ~OrEl. 2000 lQ § 1, 200~.

CMC 17.10.030.A

1. Detached Garages and Carports. To encourage variety and diversity in neighborhood design, detached garages and carports may be authorized by the Planning Commission eF-the Desiga Review Beard within rear yard setbacks or front or side yard setbacks facing a street, subject to the following standards:
a. Front or Side Yard Setback Facing a Street. The Desiga Review Beard eF Planning Commission may authorize a single-car, detached garage or carport not exceeding 12 feet in width, 250 square feet in floor area and 15 feet in height in either the front yard setback or a side yard setback facing a street (but not both) if:
i. At least 50 percent of the adjacent right-of-way is landscaped or preserved in a natural and forested condition to compensate for the loss of open space; ii. The proposed setback encroachment would not impact significant or moderately significant trees;
iii. Free and safe movement of pedestrians and vehicles in adjacent rights-of-way is protected; iv. All development on site will be in scale with adjacent properties and the neighborhood context consistent with adopted design guidelines; and
v. Placement of the garage or carport in the setback will add diversity to the neighborhood streetscape.
b. Interior Side Yard Setback and/or Rear Setback. Detached garages may encroach into an interior side yard setback, rear yard setbacks, or both, if limited to 15 feet in height, the setback encroachment would not impact significant or moderately significant trees, and the garage location/ design complies with design guidelines.

Attachment 1
Table 17.10-G: Maximum Track One Fence and Wall Heights Setback Location
Design Element Front Side Side Setback Facing Rear
Setback Setback Street Setback
Fence 4 feet* 6 feet 4 feet* 6 feet
Garden Wall 3 feet* 6 feet 3 feet* 6 feet
Retaining Wall 3 feet** 6 feet 3 feet** 6 feet
Pillars and 6 feet NIA 6 feet NIA Gates
Arbor/Trellis 7 feet 7 feet 7 feet 7 feet
* These limits shall not be altered through Design Review by the Design Re•;iev,r "BoafEi of Planning Commission.

CMC 17.30.010 Demolition or Rebuilding of Buildings.

Except when required for the emergency protection of public health or safety as determined by the City Administrator in consultation with the Building Official, no permit authorizing the demolition of any building within any district shall be issued until reviewed by the Planning Commission Of Design Rtwiew "Boafe in accordance with the findings established in CMC 17 .64.070, Demolition and Conversion of Residential Structures (if applicable). No permit for demolition shall be approved without the concurrent review and approval of replacement construction for the site. If the structure or site is identified as an historic resource, the demolition is prohibited except when approved by the Historic Resources Board and the Planning Commission consistent with the findings established in CMC 17 .64.050. All related land use, design review and environmental review approvals and the processes established in Chapter 17 .32 CMC, Historic Preservation, also shall be followed. The demolition or relocation of any structure shall require a coastal development permit. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

CMC 17.40.010
C. Prohibit all signs not expressly permitted by this chapter unless authorized by specific action of the Planning Commission Design Review "Beam. Prohibited signs and displays include those which are visible from exterior areas accessible to pedestrians and which are flashing, self-illuminated, neon, phosphorescent, glossy, incorporate internal lights or movement or that include strings of small lights around doors or windows. Also prohibited are exterior signs, displays or other installations that include balloons, streamers, or other noticeattracting appendages. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.40.020
B. Planning Commission Approval. Signs which, in the opinion of the Director, require exception from the standards described in this chapter shall be reviewed by the Planning Commission Design R:El'Jiew "Boafe. The Planning Commission Design Re'Jiew "Beam also shall review all business signs painted, etched or otherwise applied to glass, all signs made of plastics, fabric or imitation wood and all signs of architectural, cultural, and historical significance. The Commission Bellffl may grant exceptions only to the number, location and design of business signs. The following criteria must be satisfied to grant the exception:
1 , C. No Permit Required .. The following signs on private property do not require a permit if they meet the purpose, objectives, and standards in this chapter as determined by the Director:

Attachment 1
interior signs, alarm system identification signs, house/occupant name, no soliciting/no handbills, garage/rummage/estate sale, home business, public information signs (exit, restroom, elevator, etc.) and a variety of temporary signs as identified in this chapter. Signs which, in the opinion of the Director, are out of the ordinary or which do not meet the purpose, objectives and standards of this chapter shall be removed or referred to the Planning Commission Desiga Re,;ie¥/ BeaFa for review.

CMC 17.48.080.A

4. Tree Quality. Replacement trees shall be of substantial size, caliper, and height to produce an immediate visual impact and reduce the incidence of unauthorized removal. Replacement trees shall be a minimum 24-inch box size except for Monterey Pines which shall be a minimum 15-gallon size. Larger sizes may be required by the Forest and Beach Commission, or the Planning Commission eF the Desiga Re>1iew Beam based in specific design considerations applicable to the project. The City Forester may authorize the use of smaller sizes when trees meeting these standards, or meeting specific conditions of approval, are unavailable.

Cl\iC 17.&2.0SO l>aties aad PeweFS ef the l>esiga Re¥iew BeaFd, The Desiga Re>1iew BeaFa shall H1P1e the fellewiBg ffilties aaa Fespensieil.ities:

A ... To eonduet frt¼blie hoariags, revio1ll 01;ideaee ans aet ea ):l@rmit QfJplieatioas flOt reserved to the Planaiag Cemmissiea, HisteFis &eseUFees BeaFa eF te the DiFeeteF.

B. Te aet ea eemmeFeial aistFiet aesiga Fe¥i0¥1 !lflfllisatieas oot i1weJ..,1iag aay laoo use fJOFIBit fJUFsuaBt te CMG 17.58.030, CemmeFsial Desiga Re•1ie>.v.

C. Te aet ea Fesiaeatial aesiga stuaies feF fJFejeets oot il:P,•el•;iag aay laoo use fJeFIBit fJUFsuaat te CMG 17.58.040, Resweatial Desiga Re>1iew.

D. Te aet ea f!Fejeets suejest te seastal fJeFIBit FeEtUiFemeBts fJUFsuaBt te Ch!lf)ter ~ CMG, Desiga Re•.'iew, whea sueh f!Fejeets aFe withia the eategeFies listea abe•;e. €OFa. 2004 02 § 1, 2004; Ora. 2004 01 § 1, 2004).

Attachment 1
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CERTIFICATION OF ORDINANCE
I, HEIDI BURCH, the undersigned City Clerk of the City of Carmel-by-the-Sea, California, do hereby certify that the foregoing is a true and correct copy of Ordinance 2009-07 which was adopted on second reading on the ih day of July, 2009 and published in the Pine Cone on July 10, 2009 pursuant to the laws of the State of California and the City of Carmel-by-the-Sea.

DATED this 10th day of July, 2009.
d'Burch, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE TO REVISE

THE MUNICIPAL CODE AND ZONING

ORDINANCE/LOCAL COASTAL IMPLEMENTATION

PLAN RETURNING ALL DESIGN AND LAND USE

RESPONSIBILITIES TO THE PLANNING

COMMISSION (SECOND READING)

RECOMMENDATION
Adopt the attached ordinance that revises relevant sections of the Municipal Code.

BACKGROUND
Carmel Municipal Code (CMC) chapter 17.52.060 establishes the duties and powers of the Planning Commission while CMC chapter 17.52.050 establishes the duties and powers of the Design Review Board that was established in December 2000.

The Board’s role is limited to the review of design applications not involving other land use permits (i.e. variances, conditional use permits, subdivisions, etc). Prior to 2001, there was only a Planning Commission. The attached ordinance would return all responsibilities to the Planning Commission.

The Design Review Board is referenced throughout the zoning ordinance. The attached ordinance includes strikeouts where the Board is listed and includes some new text, shown in underline, to clarify the duties of the Planning Commission. This ordinance will require a Local Coastal Program amendment by the California Coastal Commission.

STAFF REVIEW
At the Special February 4, 2009, City Council meeting on the mid-year budget, the City Administrator recommended returning all land use and design responsibilities to the Planning Commission. Following are some of the reasons for this recommendation:

Attachment 2

1. Changing demographics: Carmel does not have the qualified applicant pool that it once enjoyed due to the high number of second home owners and our sizable retired community. There are three positions on both the Planning Commission and the Design Review Board that expire this October -- a total of six. One Commission member has already moved from the area and two others have indicated their desire to “retire”. Some whose terms expire may wish to be reappointed. If not, Carmel-by-the-Sea faces a virtually impossible task of finding qualified candidates who must be Carmel-by-theSea residents and voters. Keeping Carmel “Carmel” depends on the application and understanding of both our Design Guidelines and codes.

Openings for this year’s Boards and Commissions have been posted since the first of the year.

2. Reduced staff workload: An additional benefit is a reduced workload for the four-member staff (two of whom are planners), as it will have one fewer Board to manage. The Planning staff currently is responsible for the regular and special meetings of the Planning Commission, Design Review Board, Historic Resources Board and the Forest and Beach Commission, which amounts to preparing for a minimum of one meeting per week.

3. Consistency: This ordinance will simplify the design review process by creating a single decision-making body, as existed before 2001. This also will ensure consistency for applicants in how the City interprets and applies its design guidelines and criteria. There had been talk about the need for a joint meeting of the two bodies, as there has been inconsistency on design decisions: e.g. design elements such as mass and bulk, windows and skylights, to name a few.

4. Decrease in revenue from Building Permits and Fees: Annual revenues in the past few years were in excess of $300,000. Since the decrease in construction, revenues and related fees have fallen approximately 40%. Spec projects are not being built and projects are smaller and simpler.

For the above reasons, staff recommends adoption of this ordinance.

Attachment 2
Attachment 3
Attachment 4
Attachment 4
Carmel-by-the-Sea Municipal Code
Sections:

Chapter 17.58
DESIGN REVIEW1

17.58.010 Purpose and Applicability.

17.58.020 General Requirements and
Responsibilities.

17.58.030 Commercial Design Review.

17.58.040 Residential Design Review.

17.58.050 Conditions of Approval.

17.58.060 Findings Required.

17.58.070 Enforcement.

17.58.010 Purpose and ApplicabiJity.

A. Purpose. This chapter establishes objectives,
standards, and procedures for conducting design
review. The intent of these regulations is to promote and maintain the City's special character as a residential village with a compact development
pattern that respects and has been strongly influenced by the natural setting and is typified by a visually rich and creative mix of architectural
styles. Design review is intended to encourage
originality, flexibility, and diversity in design and
preserve and enhance the community's existing
forest character while preventing unnecessary
delays in project approval. More specifically, the
design review process is intended-to:

1. Promote design that maintains the City's
intimate and human scale and complements, rather
than overrides, natural constraints;

2. Ensure that the design of new homes, residential additions, and exterior alterations preserves the traditional characteristics of scale, good site design, and sensitivity to neighboring properties;

3. Encourage the construction of residences
that are diverse and innovative in design yet compatible with the City's forest setting as well as the site design and materials used in surrounding structures;

4. Promote residential design that respects
the privacy, solar, access, and private views of
neighboring properties;

5. Maintain a tradition of architectural
diversity that enhances the character of the commercial district and adds a lively sense of history to Carmel's village ambiance by promoting commerJ. Prior legislation: Code 1975 § 1322, Ords. 159 C.S., 296 C.S., 328 C.S., 83-25, 85-18. 86-3, 90-8, 92-20, 98-13, 2001-03, 2001-09, 2002-10 and 2003-01.
17-199

17.58.020
cial building design that respect these traditions;
and

6. Encourage originality and invention so
long as the results encompass the unifying values
of human scale and the use of natural materials and
their role in preserving village character and avoid
out-of-scale or bizarre building forms or incompatible design.

B. Applicability. Design review is required for
(1) specified physical improvements as established
throughout this title, (2) new site development as
defined in Chapter 17.70 CMC,"and any substantial
alterations, rebuilding, rehabilitation, new construction, exterior alterations, additions, signs, exterior lighting and landscaping associated with
such construction, alterations or additions set forth
in this title. (Ord. 2004-02 § 1, 2004; Ord. 2004-01
§ I, 2004).

17.58.020 General Requirements and
ResponsibiJities.

A. Submittal Standards. The Department of
Community Planning and Building (the Department) shall establish uniform submittal requirements to enable a full understanding of each project, facilitate review and provide consistency
in information for decision-making. Applications
for projects subject to design review shall include
such information as may be required by the Director. Such information may include, but is not limited to, site plans, floor plans, building sections, exterior elevations, photographs of the subject or
abutting properties, perspective or axonometric
drawings and/or a model, description of building
materials, material and/color samples, exterior
lighting, fence plans, sign, drainage plans, landscaping and irrigation plans. Applications requiring design review shall be subject to a fee schedule as established by resolution of the City Council.

B. Coordination of Review Bodies. For any
proposed major alteration affecting an historic
resource in the commercial and R-4 districts, the
Director shall schedule a review of the project
plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior's standards. If the site assessment shows that trees will be affected by the project, the Director
shall forward the plans to the City Forester for processing.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

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

Consider the total funding amount to authorize for the current Council Discretionary Grant Program cycle and provide direction to staff for the FY 2023-2024 budget RECOMMENDATION:

Consider the total funding amount to authorize for the current Council Discretionary Grant Program cycle and provide direction to staff for the FY 2023-2024 budget.

BACKGROUND/SUMMARY:

The Council Discretionary Grant Program Purpose, Eligibility Criteria and Public Benefit Various entities, including school districts and nonprofit organizations, play an important role in providing services and programs that benefit and enhance the well-being of the Carmel-by-the-Sea community. The City has a history of allocating funding to a myriad of environmental and social programs and projects, and, on January 3, 2017, Council adopted the City Council Discretionary Funds Grant Program (Policy C17-01, attachment 1). The intent of this policy is to provide a clear and consistent framework for both the organizations seeking funding from the City as well as for the Council in making funding decisions based on the demonstrated public benefit to the Carmel-by-the-Sea community derived from the use of the City grant funds.

In accordance with the Council-adopted policy, an organization must meet the following criteria to be eligible to receive funding: (1) located within the City of Carmel-by-the-Sea or provide community, environmental or social services to the community of Carmel-by-the-Sea; (2) constituted as a nonprofit community-based 501(c) organization or be a Carmel school; (3) directly provide the community service(s) for which City funds are sought; (4) not have outstanding debt due to the City; and (5) not be financially dependent upon receiving City support to meet the organization’s annual budget and operational requirements.

In keeping with the spirit of the eligibility criteria, the program specifically excludes the use of City funds to support political activities; to pay for high school or college scholarships; to pay debt; to purchase alcoholic beverages; to pay for travel, meals, lodging, or entertainment expenses; to support services that are primarily commercial, religious or political in nature; to pay for permanent improvements to any non-City owned structure or property so that it becomes an integral part of the real property; and to pay for general operating expenses or expenses to support ongoing operation of the applicant, including, but not limited to, salaries, utilities, and rent expenses.

Discussion
On average, the City receives 8 applications per year from non-profit organizations requesting consideration for grant funding, up to $3,000. For the FY 23-24 Grant Cycle, the City advertised the Discretionary Grant application link and instructions on the city's website for 4 weeks, included info in Friday Letters, published an advertisement in the Pine Cone on March 3rd, and emailed the application link and instructions to all the applicants who applied last year. The advertisement, website posting, and emails to the past applicants included the deadline to apply and instructions regarding submitting the required documentation. At the time of writing this staff report only one application has been submitted, however, we anticipate more will be received before the deadline of April 3, 2023.

Staff will review all of the fully completed applications received by the April 3rd deadline, and come back to Council at the first meeting in May with a list of the eligible applications that were received that meet the Policy C17-01 requirements such as application, proof of 501(c) status, financial statements, operating budget and proposed project and budget plan for the use of the grant funds. Staff will make a recommendation for the Council to award grants based an the amount allocated by Council for Discretionary Grants in the FY 23-24 operating budget. Council will then approve the funding recommendation or provide other direction to staff. The disbursement of the funds to the successful applicant organizations will not occur until after the City Council adopts the final FY 2023-2024 budget and after the start of the fiscal year on July 1, 2022.

In order to prepare the projected budget for FY 2023-2024, staff is seeking direction from Council regarding the total funding amount Council would like to set aside for discretionary grants for the current grant cycle. Last year, Council approved 8 discretionary grants for a total amount of $24,000.

FISCAL IMPACT:

Staff will build the Council-directed total grant funding into the Fiscal Year 23/24 budget.

PRIOR CITY COUNCIL ACTION:

Council adopted the City Council Discretionary Grant Program (Policy 2017-01) on January 3, 2017 and approved corresponding Resolution 2017-010.

Council adopted the FY 2022-2023 Operating Budget on June 7, 2022, which included authorizing $24,000 total for Discretionary Grant Funds for the FY 2022-2023 Grant Cycle.

ATTACHMENTS:

Attachment 1) Policy C17-01 Council Discretionary Funds Grant Program Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 4, 2023

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

Consider Adoption of Urgency Ordinance 2023-002 to Repeal and Replace Urgency Ordinance 2022-006, adopting amended rules of conduct for attending meetings of legislative bodies at City facilities
RECOMMENDATION:
1) Request City Attorney to read title of the Urgency Ordinance. 2) Motion to waive full reading, and Adopt Urgency Ordinance 2023-002 to Repeal and Replace Urgency Ordinance 2022-006, adopting amended rules of conduct for attending meetings of legislative bodies at City facilities.

BACKGROUND/SUMMARY:

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

On March 12, 2020, the City Administrator issued a Proclamation of the Existence of a Local Emergency due to COVID-19, acting in his capacity as the Director of Emergency Services.

On March 13, 2020, the Carmel City Council (Council) adopted Resolution 2020-021, ratifying the proclaiming the existence of a local emergency due to COVID-19.

On November 1, 2022, the City Council adopted Urgency Ordinance 2022-006 (Attachment 1) which has Rules of Conduct for attending meetings of legislative bodies at City Facilities and Section 7.3 requires face covering when the CDC Community Level for the County of Monterey is medium or high as of the date of posting the agenda for the meeting of the legislative body.

On February 28, 2023, the Governor terminated the State of Emergency due to COVID-19.

EXECUTIVE SUMMARY
On March 7, 2023, the City Council adopted Resolution No. 2023-026, to rescind Resolution 2020-021 and terminate the local emergency due to COVID-19 and adopted Urgency Ordinance 2023-001, to terminate all COVID related Urgency Ordinances adopted since the emergency began except for No. 2022-006 (Attachment 1). Council requested staff to bring back a draft Urgency Ordinance at the Council meeting on April 4, 2023, to provide that wearing masks to attend meetings of legislative bodies inside of City buildings is only required if the CDC Community level at the time of agenda posting is "high" instead of "medium or high". Attachment 3 is a Redline Version of Urgency Ordinance No. 2023-002 which shows the changes to Urgency Ordinance No. 2022- 006.

It is recommended that City Council consider adopting Urgency Ordinance No. 2023-002 (Attachment 2), or provide other direction to staff. A 4/5 vote is required to adopt an urgency Ordinance.

FISCAL IMPACT:

There are no financial impacts for adopting this Urgency Ordinance.

PRIOR CITY COUNCIL ACTION:

November 1, 2022 - Council adopted Urgency Ordinance No. 2022-006 – adopting (amended) rules of conduct for attending meetings of legislative bodies at City facilities.

On March 7, 2023, Council adopted Urgency ordinance No. 2023-001 which rescinded the following Urgency Ordinances:

Urgency Ordinance No. 2020-002 – prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the COVID pandemic.

Urgency Ordinance No. 2020-005 – for the enforcement of provisions and conditions of encroachment permits for outdoor dining for outdoor dining and authorization of Code Compliance Coordinator to issue citations.

Urgency Ordinance No. 2020-004 – affirming orders of the State Public Health Officer and the County of Monterey Public Health Officer related to COVID-19 and expressly affirming such orders as applicable and enforceable within City jurisdiction and authorization of code compliance coordinator to issue citations
Urgency Ordinance No. 2022-001 – adopting rules of conduct at City facilities.

Urgency Ordinance No. 2022-002 – adopting rules of conduct for attending meetings of legislative bodies at City facilities.

ATTACHMENTS:

Attachment 1) Urgency Ordinance 2022-006
Attachment 2) Clean Version - Urgency Ordinance 2023-002 Attachment 3) Redline Version - Urgency Ordinance 2023-002 Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2023-002
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA RESCINDING URGENCY ORDINANCE NO. 2022-006 AND ADOPTING

RULES OF CONDUCT FOR ATTENDING MEETINGS OF LEGISLATIVE BODIES AT

CITY FACILITIES
WHEREAS, the City of Carmel-by-the-Sea (“City”) is authorized by Article XI, Section 7 of the California Constitution to make and enforce all regulations and ordinances using its police powers; and
WHEREAS, the California Emergency Services Act (California Government Code Section 8550, et. seq.) defines a local emergency as “the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as an epidemic, [emphasis added] which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat”; and WHEREAS, Section 2.64.020 of the City Municipal Code defines “emergency” as the “actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, [emphasis added] riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat”; and WHEREAS, Government Code section 37359 allows cities to “limit the access or use [of city-owned property] in area or time or in any reasonable manner deemed necessary” and enforce such limitations through trespass law; and WHEREAS, in December 2019, reports began spreading worldwide about a flulike virus first found in China that was significantly more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID-19”); and WHEREAS, the federal Centers for Disease Control and Prevention (“CDC”) has confirmed thousands of cases of individuals who have severe respiratory illness caused by COVID-19, as well as deaths caused by this illness; and WHEREAS, on or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
Attachment 2
Ordinance 2023-002

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Carmel-by-the-Sea City CouncilApril 4, 2023

Carmel-by-the-Sea City Council
April 4, 2023