Carmel-by-the-Sea City Council
June 6, 2023

CITYOF 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, June 6, 2023
OPEN SESSION - 4:30 PM

HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser.
https://ci-carmel-ca-us.zoom.us/j/85953646798 Meeting ID: 859 5364 6798 Passcode:
496285 Dial in: (253) 215-8782

HOW TO OFFER PUBLIC COMMENT
The public may give public comment at this meeting in person, or using the Zoom teleconference module, provided that there is access to Zoom during the meeting. Zoom comments will be taken after the in-person comments. The public can also email comments to [email protected]. Comments must be received at least 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 made part of the record.

The COVID-19 Community Level for Monterey County as of the date of this agenda posting is LOW (mask wearing not required). Seating will be limited and available on a first come first served basis.

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. June Pride Month Proclamation
B. Carmel High School Report Out

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. May 1, 2023, Special Meeting Minutes, May 2, 2023, Regular Meeting Minutes, and May 16, 2023, Special Meeting Minutes

2. April 2023 Monthly Reports

3. April 2023 Check Register Summary

4. Resolution 2023-054 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. CPB-CSG-033-19-20 with CSG Consultants, Inc. for on-call building and code compliance services increasing the not to exceed amount from $240,000 to $331,000, and extending the term to June 30, 2024

5. Resolution 2023-058, authorizing the City Administrator to execute Change Orders No. 1 for the On-Call Tree Maintenance Services Contracts, in the combined amount of $33,236 for the remainder of Fiscal Year 2022/23, and Resolution 2023-059 for Change Orders No. 2 for Fiscal Year 2023/24, in the combined amount of $525,000, contingent upon Council approval of the FY 2023/34 Forestry Operating Budget

6. Resolution 2023-060 authorizing the City Administrator to execute a Professional Services Agreement with Ono Consulting, LLC to provide on-call arborist services for a not-toexceed fee of $100,000 and a term expiring on June 30, 2025

7. Resolution 2023-061 amending the professional services agreement with Clifton Larsen Allen, LLP (CLA) to increase the not-to-exceed contract value by Thirty Thousand One Hundred and One Dollars ($30,101.00) to Fifty-Five Thousand One Hundred Dollars ($55,100.00)

8. Resolution 2023-062 confirming Councilmember appointments to the Litter Abatement Task Force, Coastwalk - California Coast Trail Association, and the Tor House Foundation

9. Resolution 2023-065 ratifying appointments to the Harrison Memorial Library Board of Trustees, and the Planning Commission

10. Second Reading and Adoption of Ordinance No. 2023-003 Amending Chapter 3.12 of the City of Carmel-by-the-Sea Municipal Code to Regulate Contracting Including Purchases of Supplies and Services

PUBLIC HEARING

11. Resolution 2023-040 for Intent to Lease Real Property, and Resolution 2023-042 for a Surplus Lands Act Resolution, and CEQA findings, for the Scout House Renovation, Activities Programming, and Facilities Management Project

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

12. Resolution 2023-063, authorizing the City Administrator to execute a Professional Service Agreement with Hammond+Playle Architects, LLP (Indigo), for preparation of a functional program report, conceptual drawings, and cost estimates for a not-toexceed fee, including contingency, of $300,000 for the Police Building Project

13. Resolution 2023-064 approving a 3.71 percent rate increase to charges by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, effective July 1, 2023, and approving Amendment No. 2 to the Memorandum of Understanding between ReGen Monterey and Member Agencies for Fiscal Year 2023/24

14. Receive a report and provide policy direction on the potential re-establishment of the Design Review Board

15. Receive an update on the status of the Design Traditions 1.5 Project

PUBLIC HEARINGS

16. First Reading of Ordinance 2023-005 to Renew the Carmel Restaurant Improvement District

17. Resolution 2023-066 Adopting the Fiscal Year 2023-2024 Appropriations Limit

18. Resolution 2023-067 Adopting the Fiscal Year 2023-2024 Annual Operating and Capital Budget

19. Consideration of a Permanent Encroachment Permit (EN 21-272, Fountain) for an existing fence in the public right-of-way on the southern side of the single-family residence on the northwest corner of Junipero Avenue and 8th Avenue in the Residential and Limited Commercial (RC) Zoning District.

FUTURE AGENDA ITEMS

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

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

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

PROCLAMATION

A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RECOGNIZING JUNE 2023 AS LGBTQ PRIDE MONTH
WHEREAS, many cities across the United States recognize June as Lesbian, Gay, Bisexual, Transgender and Queer Pride Month, as June has become a symbolic month during which the LGBTQ community and its allies come together to remember the Stonewall riots of 1969 and to celebrate the progress that has been made and will be made for LGBTQ rights; and
WHEREAS, the City of Carmel-by-the-Sea has a diverse Lesbian, Gay, Bisexual, Transgender and Queer community and is committed to celebrating and supporting visibility, dignity and equality for all people in the community; and WHEREAS, The City of Carmel-by-the-Sea has a long and proud history of celebrating diversity, promoting inclusion and defending civil rights; and WHEREAS, continued discrimination against LGBTQ persons makes it important for cities to stand up and show solidarity and support for our LGBTQ residents and those in the community at large; and
WHEREAS, in these days it is most important to be kind and to show respect to all of our community members.

NOW, THEREFORE, BE IT PROCLAIMED THAT I, Dave Potter, Mayor of the City of Carmel-by-the-Sea, on behalf of the City Council and the citizens of Carmel hereby proclaim June 2023 as LGBTQ Pride Month.
______________________
David Potter, Mayor
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

May 1, 2023, Special Meeting Minutes, May 2, 2023, Regular Meeting Minutes, and May 16, 2023, Special Meeting Minutes
RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) May 1, 2023, Special Meeting Minutes
Attachment 2) May 2, 2023, Regular Meeting Minutes
Attachment 3) May 16, 2023, Special Meeting Minutes

CITY COUNCIL

SPECIAL MEETING
Monday, May 1, 2023
5:00 PM

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

Mayor Potter announced that before the start of the meeting Councilmember Baron submitted a written request to attend the meeting remotely under AB 2449 Teleconference rules due to a family medical emergency. Council approved Councilmember Baron’s attendance at the meeting remotely by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Roll Call: Councilmembers Baron (teleconference), Dramov, Ferlito, Richards, and Mayor Potter were all present.

PUBLIC APPEARANCES
None

CLOSED SESSION
City Attorney Pierik read the closed session agenda titles. Councilmember Dramov recused herself from Item #1 and left the dais at 5:07 p.m.

Item 1 - CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (d)(1):

Name of case: GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership, DBA Verizon Wireless v. City of Carmel-by-the-Sea; Case No. 5:22-cv-00347-NC Northern District of California, San Jose
Item 2 - Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Designated Representatives: City Administrator Chip Rerig, Acting Police Chief Jeff Watkins
Employee Organization: Carmel Fire Ambulance Association

ADJOURNMENT
Council adjourned closed session at 6:05 p.m.

APPROVED: SIGNED:
______________________________ ____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

REGULAR MEETING
Tuesday, May 2, 2023
4:30 p.m.

OPEN SESSION

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

Roll call: Roll Call: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter were all present.

PLEDGE OF ALLEGIANCE
Councilmember Dramov led the pledge of allegiance.

EXTRAORDINARY BUSINESS
A. Proclamation recognizing May 21-27, 2023 as National Public Works Week "Ready and Resilient" - City Administrator Rerig read the proclamation and presented it to Public Works Director Harary.

B. Proclamation Declaring May as Military Appreciation Month - Mayor Pro Tem Richards read the proclamation and presented it to the Commander of the Local American Legion.

C. Carmel High School Report Out - Jack Norman, Associated Student Body President and Student Representative of all Carmel Unified Schools. He gave a brief summary of the school districts expanding programs, events, community outreach, arts, volunteerism and opportunities for community involvement and engagement.

PUBLIC APPEARANCES
Julie Kenner, Abby Rose Kenner, Quinn, Ella, Noah Braun, Lydia, Kaya Newman, Penny Reeser, Katie Heley, John Plastini, Michael Blackburn, Brian Congleton, Tom Donella, Michael Kovak, Lindsay Paleman, spoke about their concern and sadness about the Carmel Youth Center (CYC) closing abruptly and asked for Council support in getting it re-opened. Karyl Hall asked that Council prioritize the most urgent or time sensitive projects and not get overwhelmed with too many different projects at once. Beth Bowman, announced updates and upcoming community events and exhibits at the Sunset Cultural Center. Michael McWalters thanked the Council for thoughtful approach to drafting the wireless ordinance, and brought up several health concerns related to exposure to wireless telecommunication frequency. Brian Sours, Forest and Beach Commissioner, thanked the Public Works and Forestry Department for their outstanding work on keeping the city clean in the aftermath of the winter storms, and asked that the Council prioritize the reopening an access ramp down to the beach for emergency vehicles. Patricia Harrington spoke about concerns over the paid parking program in the residential area and how it will affect Attachment 2
CC Regular Meeting Minutes

residents who live near downtown, and said more public outreach is needed. Herzog spoke about the upcoming Culinary Event and other events sponsored by Visit Carmel. Neal Kruse and Christy Hollenbeck spoke about concerns over the state’s housing mandates for the City and asked the Council to fight against it. Brian Trollingham spoke about an upcoming fundraiser for Legal Services for seniors. Janice Bradner said she does not support the paid parking program, and said that it will not solve the parking problems the City has.

ANNOUNCEMENTS
A. City Administrator Announcements – Reminded everyone that there is a study session on the budget on May 16, 2023, at 4:00 p.m. and encouraged the public to ask questions and provide feedback. He said that answers to the budget questions will be presented with the budget at the June 6th meeting.

B. City Attorney Announcements - no reportable action from the May 1st closed session.

C. Councilmember Announcements - Mayor Potter said that the Council will continue meeting with the CYC Board and work together on ways to help with the issues for CYC to re-open.

CONSENT AGENDA
Councilmember Baron pulled Item # 8 from Consent.

Bobby Richards Made a motion to approve consent agenda Items #1-7, and #9-11, 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 1 - April 4, 2023, Regular Meeting Minutes, April 5, 2023, Special Meeting Minutes Item 2 - March 2023 Monthly Reports
Item 3 - March 2023 Check Register Summary
Item 4 - Resolution 2023-043 declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event
Item 5 - Resolution 2023-045 accepting the General Plan and Housing Element Annual Progress Reports for the Calendar Year 2022 and authorizing submittal to the State Department of Housing and Community Development and Office of Planning & Research Attachment 2
CC Regular Meeting Minutes

Item 6 - Resolution 2023-046 authorizing a Purchase Order, in the amount of $50,000 to Pacific Redwood Products, LLC, to purchase materials for the Scenic Pathway Barrier Rails Project Item 7 - Resolution 2023-047 authorizing a Funding Agreement with the Transportation Agency for Monterey County
Item 9 - Resolution 2023-050, a Resolution of Intention to Renew the Carmel Restaurant Improvement District (CRID)
Item 10 - Resolution 2023-053 authorizing the renewal execution of a 48-month service agreement for Advanced Life Support Providers and James Stubblefield, MD, with a year 1 cost of $14,000 and authorize the city manager to enter into a four-year renewal agreement to maintain the program, not to exceed $62,000 (life of the contract) Item 11 - Resolution 2023-055 amending the professional services agreement with Joseph Systems, Inc. dba J4 Systems to increase the not to exceed contract value by $10,000 to $51,840 and extend the termination date by 5 months to November 30, 2023

ITEMS PULLED FROM CONSENT
Item 8 - Resolution 2023-048 Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues Councilmember Baron said he will not be supporting this Resolution because its sponsors are working against the Regional Housing Needs Allocation (RHNA) process, and he is supportive of finding ways to create local housing opportunities for Carmel. Councilmember Ferlito agreed with Councilmember Baron. Councilmember Dramov, Mayor Pro Tem Richards, and Mayor Potter spoke in support of Resolution which is symbolic in nature in keeping local housing and zoning control in the hands of local authorities and communities.

Public comment: David O’Neil voiced support for the Resolution. Ian Martin spoke against the Resolution.

Motion by Mayor Potter to approve Resolution 2023-048, seconded by Councilmember Dramov, and approved 3-2-0-0 by the following roll call vote:

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

PUBLIC HEARING
Attachment 2
CC Regular Meeting Minutes

Item 12 - First Reading of Ordinance No. 2023-003 Amending Chapter 3.12 of the City of Carmelby-the-Sea Municipal Code to Regulate Contracting Including Purchases of Supplies and Services
City Attorney Pierik gave a brief presentation on the item and answered questions from Council.

Public Comment: None
Council discussion resumed. Councilmember Baron asked Council to consider some amendments to the proposed Ordinance. He suggested taking the Local Business Policy section of the Ordinance and incorporating it into the City Code by removing Section 2, and adding it as "Article VII" to the Ordinance so it is codified. He suggested an amendment to require the City Administrator to sign all contracts over $10,000 but under $60,000, and allowing department heads to sign contracts that are under $10,000. Councilmember Dramov said she supports the Ordinance as it is written without any changes.

City Attorney Pierik read the title of the Ordinance.

Motion by Councilmember Baron to read by title only, waive full reading, and introduce the Ordinance with the amendment that the City Administrator must sign contracts between $10,000-$60,000, and to remove Section 2 Local Business Policy and add it as Article VII of Exhibit A of the Ordinance, seconded by Mayor Pro Tem Richards, and passed to a second reading 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 13 - Receive the Fiscal Year 2023-2024 Recommended Budget Assistant City Administrator Maxine Gullo gave a brief presentation of the recommended budget for FY 23-24, and answered questions from Council.

Public Comment: Sonjel Gomez, Carmel Chamber of Commerce Chair, requested additional funding this year for their programs which have expanded and costs have increased, and said it is an investment into the city. Lance Wills, Carmel Chamber of Commerce Interim Executive Director, said the Chamber’s focus is on strengthening community relationships, business support services, and developing new revenues, and announced some new programs and awards received. Jeff Roceno, Carmel Chamber Treasurer, spoke on behalf of the Chamber to report they are financially stable and working hard to be good stewards of their members dues. Rob O’Keefe, Monterey County Convention & Visitors Bureau President, requested Council to consider a 3% increase in funding for MCCVB as the community bounces back from the pandemic.

Attachment 2
CC Regular Meeting Minutes

Council discussion resumed, and report was received.

RECESS
Council took a recess at 6:46 p.m., and returned at 7:00 p.m.

Item 14 - Approve Fiscal Year 2021/22 and Fiscal Year 2022/23 carry-over projects, approve proposed Fiscal Year 2023/24 Capital Improvement Plan Projects, and provide direction to staff Public Works Director Bob Harary gave a brief presentation on the item, and highlighted the changes made to the 5 year CIP forecast since the last meeting on April 5th.

Public Comment: Scott Lonnergan voiced support of the proposed CIP Projects.

Council discussion resumed. Councilmember Dramov said she does support approving all of the CIP projects since it will require using $10 million from reserves, and said she would prefer to cut back on the list of projects.

Motion by Councilmember Baron to give the following direction to Staff:
1) To approve the completed CIP projects.
2) To confirm the cancellation and deferral of 3 previously identified CIP projects, and approval of the anticipated projected to be provided or donated by others. 3) Tentatively approve the FY 21-22 and FY 22-23 carry over projects and associated funding into the FY 23-24 Capital Budget.
4) Tentatively approve the 16 proposed FY 23-24 projects to be included in the FY 23- 24 Capital budget.
5) Direct staff to present the proposed projects to the Planning Commission on May 10, 2023 for a General Plan consistency review as required by the Muni Code.

Motion seconded by Councilmember 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
Item 15 - Consider applications submitted as part of the Fiscal Year 2023-2024 Council Discretionary Grant Program and provide funding recommendations to staff City Clerk Romero gave a brief overview of the item and answered questions from Council.

Motion by CM baron to award a $3,000 grant to each of the 9 applicants, and requested that the Carmel Residents Association include mailing newsletters to all addresses within the City to their proposal, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:

Attachment 2
CC Regular Meeting Minutes

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 16 - Resolution 2023-056 Authorizing a Letter in Support of California AB 953 (Connolly and Hart) which will develop a Statewide Voluntary Vessel Speed Reduction and Sustainable Shipping Program
Councilmember Ferlito gave a brief overview of this item.

Public comment: None
Motion by Councilmember Baron to approve Resolution 2023-056, seconded by Councilmember Ferlito, and approved 5-0-0-0:

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

PUBLIC HEARINGS
Item 17 - Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach Community Planning and Building Director Brandon Swanson gave a brief presentation and summary of the item, and added that the Monterey Bay Air Quality Control Board submitted a letter to Council today stating the adverse health impacts associated with wood smoke and asked for Council direction on whether to add the health impacts of wood smoke into the text of the ordinance.

Public comment: Lucinda Lloyd spoke in favor of the Ordinance. Ian Martin asked if wood burning fireplaces have been banned in the City.

Council discussion resumed. Mr. Swanson addressed public comment stating the City has not banned wood burning fireplaces inside residential homes, however, the Planning Commission has a position of not approving outdoor wood fireplaces and recommend propane instead.

City Attorney Pierik read the title of the urgency ordinance.

Councilmember Ferlito made a motion to waive further reading, and adopt Urgency Ordinance 2023-004 Regarding Wood Burning Beach Fires on Carmel Beach with the amendment to include a section in the Ordinance regarding the adverse health effects due Attachment 2
CC Regular Meeting Minutes

to wood burning fires, and finding that this Urgency Ordinance is exempt from CEQA, seconded by Mayor Pro Tem Richards, and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Dramov, Ferlito, Richards, and Mayor Potter NOES: Councilmember Baron
ABSENT: None
ABSTAIN: None
Item 18 - APP 23-031 (Esperanza Carmel) - Consideration of an Appeal by Esperanza Carmel (APP 23-031), of the Historic Resources Board’s decisions to: 1) List the Northern California Savings and Loan Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources, and; 2) Issue a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings and Loan Community Room located at the southeast corner of Dolores Street and 7th Avenue, in the Service Commercial (SC) Zoning District
Associate Planner Evan Kort gave a brief summary and presentation of the Appeal by Esperanza Carmel and answered questions from Council.

Mayor Potter gave the appellant 15 minutes to give a presentation on their appeal and 5 minutes for rebuttal.

Public comment:

Logan Opshal spoke on behalf of the appellant and gave a presentation on their request that the Council approve the appeal and reverse the HRB’s decision.

Karyl Hall, Polly Osborne, Richard Janick, Don Goodhue, Ken Seavey, Ian Martin, Lucinda Lloyd, and Anthony Kirk, addressed the Council.

Logan Opshal gave a rebuttal to the comments by the public in favor of denying the appeal.

Council discussion resumed.

Motion by Councilmember Dramov to adopt Resolution 2023-051 denying the appeal by Esperanza Carmel (APP 23-031), and upholding the Historic Resources Board’s (HRB) decision to list the Northern California Savings and Loan Complex on the Carmel Inventory of Historic Resources and Carmel Register of Historic Resources located at the southeast corner of Dolores Street and 7th Avenue, 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
Attachment 2
CC Regular Meeting Minutes

Motion by Councilmember Dramov adopt Resolution 2023-052 upholding the HRB’s decision to issue a Finding of Noncompliance with the Secretary of the Interior’s Standards for the relocation of the Northern California Savings and Loan Complex Community Room, 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

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned at 8:28 p.m.

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

CITY COUNCIL

SPECIAL MEETING
Tuesday, May 16, 2023
4:00 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:00 p.m.

Roll Call: Councilmembers Baron Dramov, Ferlito, Richards, and Mayor Potter were present.

PLEDGE OF ALLEGIANCE
Councilmember Baron led the pledge of allegiance.

PUBLIC APPEARANCES
David O’Neil and Karyl Hall addressed the Council asking to postpone the parking management program because there are too many projects and issues being tackled at once. Linda Calafiore said she is ok with Council taking on multiple projects and priorities. Michael McWalters spoke about concerns over wireless telecommunication radiowaves and their effects on health.

ORDERS OF BUSINESS
Item 1 - Receive a presentation on the Fiscal Year 2023-2024 Budget and provide direction Assistant City Administrator Gullo gave a presentation to Council on the Fiscal Year 2023-2024 Recommended Budget revenues and expenditures, and answered questions from Council.

Public Comment:

Linda Calafiore asked to consider and approve the budget appropriation of $15k for invasive plant removal and $75K for fire fuel abatement in the Mission Trail Nature Preserve (MTNP). David O’Neil said he would like to see Council prioritize the most important projects and remove some CIP projects that may not be feasible. He also asked if the City would consider utilizing local volunteer consultants. Amy Herzog gave a presentation on Visit Carmel, Destination Marketing Organization and strategy and said that their funding request is an investment into the City. Jo Picter spoke in support of the budget for MTNP. Lance Willits spoke on behalf of the Carmel Chamber of Commerce request for $120,000 support from the City due to increased costs and increased efforts to drive growth. Melanie Billick spoke about the PACT parking program, and that there is no numbers to show how much the parking program will cost to implement, and perhaps the Council should defer this project and focus other issues such as housing. Fenn Horton spoke about Acacia Way, a private street, becoming part of the City’s drainage system, and it becomes a problem every time it rains and would like to see Council budget to fix the problems.

Attachment 3
Karyl Hall suggested Council consider bringing back parklets as a revenue source. Dale Byrne addressed the Council.

Council discussion resumed. No action was taken on the additional requests for funding from the local groups. Council requested that the groups requesting additional funding provide a detailed request for consideration by Council including financial documents within the next week.

Councilmember Ferlito agrees with the proposed budget as an investment into the City.

Councilmember Dramov spoke about being fiscally cautious in light of the economic downturn.

Councilmember Baron said he would like Council to consider increasing the City’s current 10% TOT which is relatively low for a City like Carmel before the next budget. He also asked for the Sunset Center Corporation to give an update on their fundraising for an endowment which is included in their agreement with the City.

Item 2 - Resolution 2023-057 receiving the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending June 30, 2022
City Administrator Rerig introduced Sheldon Chavez, who prepared the City’s Annual Audit Report. Mr. Chavez gave a summary of the ACFR to Council and answered questions.

Public Comment: None
Council discussion resumed.

Motion by Councilmember Ferlito to adopt Resolution 2023-057, 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

ADJOURNMENT
Council adjourned at 5:26 pm.

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:

City Administrator Contract Log
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) City Administrator Contract Log
Attachment 2) Community Planning and Building Department Reports Attachment 3) Police, Fire, and Ambulance Reports
Attachment 4) Public Records Act Requests
Attachment 5) Public Works Department Reports
City Administrator Contract Log
FY 2022‐23
April 2023
Date entered Into Contractor Contract Amount Purpose
4/25/2023 Mayone Structural Engineering $12,000.00
Structural and geotechnical engineering services
on call, as needed
Attachment 1

CITY OF CARMEL-BY-THE-SEA
Monthly Report

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

In April 2023, 43 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In April 2023, 5 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In April 2023, 55 building permit applications were received.

IV. CODE COMPLIANCE CASES:

In April 2023, 8 new code compliance cases were created.

V. TRANSIENT RENTAL COMPLIANCE CASES:

In April 2023, 3 new transient rental compliance cases were created.

VI. ENCROACHMENT PERMIT APPLICATIONS:

In April 2023, 20 encroachment permit applications were received.

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

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: June 6, 2023
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 2
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 2.42%
• Business License Applications – increase of 30%
• Building Permit Applications – increase of 15.57%
• Code Compliance Cases – decrease of 22.08%
• Transient Rental Compliance Cases – decrease of 79.73% • Encroachment Permit Applications – decrease of 2.38%
Table 1. Permit Application Totals

PLANNING BUSINESS

LICENSES BUILDING CODE COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE

ENCROACHMENTS
2022 YTD
Totals 124 20 167 77 74 84
2023 YTD
Totals 127 26 193 60 15 82
YTD %
Difference +2.42% +30% +15.57% -22.08% -79.73% -2.38%
Attachment 2
Page: 1 of 5
Planning Permit Report
04/01/2023 - 04/30/2023
Permit # Permit Type Project Description Address/Location Date Received
Date
Approved
Status
23126 Design Study Add a 333sf addition to a historic residence at the rear behind the historic resource, and set it with a lower roof line subordinate to the historic. Side the new in a board and batten style similar to the historic garage but not matching the original.

Windows and doors added will be clad at the addition in a style similar but not matching the original. Add a second bathroom and a 185sf adjoining deck.

Santa Fe 3 SW of
2nd
4/26/2023 In Review
23125 Preliminary Site
Assessment
Preliminary site assessment for a Track 2 remodel San Carlos Street 5 SW of 13th
Avenue
4/27/2023 In Review
23124 Design Study DEMOLITION OF EXISTING SINGLE FAMILY DWELLING; AND CONSTRUCTION OF NEW TWO-STORY RESIDENCE.

SANTA FE 4 SE OF
2ND AVENUE
4/26/2023 In Review
23123 Design Study Replacement of an (e) deck with the addition of a garden wall around the perimeter of the deck.
3rd 2 NW of Santa
Fe
4/25/2023 In Review
23122 Historic
Evaluation
Historical determination to authorize change in roof material. 2927 Franciscan Way
4/24/2023 In Review
23121 Design Review Minor exterior improvements in conjunction with Permit BP 22- 355, which specified "Conversion of second-floor office spaces to three apartments. No work to first floor commercial spaces." San Carlos 2 NW
Of 8th Ave
In Review
23120 Design Review Replace awning fabric that was destroyed by storms. NW Corner of Mission & 6th Ave
4/21/2023 In Review
23119 Historic
Evaluation
Replace window with French Doors and add a new window. SE Corner of Carpenter & 4th
4/21/2023 In Review
23118 Design Study Add fixed window on west elevation, second story 4/21/2023 In Review 23117 Mills Act Request Mills Act for The Bird House (listed as resource number 115 on the City of Carmel's Historic Inventory under as the Agnes Shorting house)
3rd 2 NW of
Junipero
4/20/2023 In Review
Page: 2 of 5
23116 Mills Act Request Mills Act Application 26363 Scenic Road, Carmel-bythe-Sea, California
93923
4/20/2023 In Review
23115 Lot Line
Adjustment
Hotel replacement, 2 apartmnets & Residence remodel 2nd NW of 4th Ave on San Carlos
Street
Pending
Assignment
23114 Design Review Replacement of hotel, 2 new apartments & residence remodel 2nd NW of 4th Avenue on San
Carlos Street
Pending
Assignment
23113 Design Review This approval of Design Review application DR 23-113 (Carmel City Hall) authorizes the removal of the asphalt shingle roof and installation of Grade 1 premium western red cedar shingles, 18- inches long with a standard straight butt style at Carmel City Hall on Monte Verde Street 3 northeast of 7th Avenue in the
Residential and Limited Commercial (RC) District as depicted in the plans and specifications provided by Ausonio, Inc. stamped approved and on file in the Community Planning & Building Department unless modified by the conditions of approval.

Monte Verde 3
NE of 7th
4/4/2023 4/19/2023 Approved
23112 Sign TWO (2) NEW SIGNS: Replace existing signage. 13th, San Antonio Ave
4/19/2023 In Review
23111 Notice of Exempt
Work
Changing current wood front door to new dutch style wood door. same size door with divided light upper section.
2 NW Carpenter
of 4th Avenue
4/18/2023 4/18/2023 Approved
23110 Historic
Evaluation
ASSOCIATED PERMIT: DS 23-062 (Cabral). Reroof from wood shake to standing seam class A
NW Corner of 2nd
and San Carlos
In Review
23109 Preliminary Site
Assessment
Preliminary site assessment Carmelo Street 4/17/2023 In Review 23108 Design Study Addition of wood driveway gate to match existing wood fence. Scenic Road 2 NW of 8th Avenue
4/18/2023 In Review
23107 Design Review Install new generator outside of the building NEC Lincoln & Ocean
3/29/2023 Closed
23106 Design Review Associated Use Permit Amendment: UP 23-105. We are applying to have more permanent outdoor seating. We currently have 8 seats, and would like to apply for a total of 36, with propane heaters, 2 electric heaters, and one small string of lights.

Dolores between
5th and 6th
Streets, Carmel,
CA, 93921
4/14/2023 In Review
Page: 3 of 5
23105 Use Permit USE PERMIT AMENDMENT. Associated Design Review, DR 23- 106. Would like to apply for more permanent outdoor seating.

Attached document with details.

Dolores between
5th and 6th
Streets
4/14/2023 In Review
23104 Design Study New Garage (replace Carport) & Utility Shed, etc. NE Corner San Carlos & 13th
4/14/2023 In Review
23103 Mills Act Request Application for a Mills Act contract between the property owner and the City.

NE Corner of
Lincoln & 7th
4/13/2023 In Review
23102 Sign NEW SIGN for "Le Coupe": Produce and install one (1) doublesided, sand-blasted/painted wooden sign panel on existing bracket.

San Carlos 4 NE of
7th
4/10/2023 In Review
23101 Sign NEW SIGN - "Adam Jeselnick Architect": Install one natural steel blade sign.

San Carlos 2 NW
of 8th Ave - Suite
200
4/10/2023 In Review
23100 Sign NEW SIGN - "STEPHAN CORI": Install one non-illuminated sand blasted wood sign.

Lincoln between
Ocean & 7th
4/7/2023 5/2/2023 Approved
23099 Design Study Removing asphalt walkway and driveway in front yard and replacing it with pavers. Paver driveway, walkway to the left of the garage and right of the house to be a 7' D paver circle with walkway. Drain will also be placed near garage door due to water accumulation when raining.

Junipero 5 NE of
8th
4/13/2023 In Review
23098 Preliminary Site
Assessment
Remodel of an existing single-story Single-Family Dwelling and addition fo a second story consisting of a Master Bedroom and Bathroom.

Casanova Street 4
NE of 8th Avenue
4/7/2023 In Review
23097 Historic
Evaluation
Demolition of existing Hofsas House Hotel. New hotel build.

Renovation of the existing Hofsas House.
2NW of 4th
Avenue on San
Carlos Street
In Review
23096 Design Study Install metal fence in front yard to match existing. Dolores Street 3 SE of 3rd Avenue
4/6/2023 In Review
23095 Sign Install one (1) non-illuminated wood sign on the building. NE Corner of Junipero & Ocean
Avenues
4/5/2023 In Review
23094 Sign Install one (1) custom, double-sided non-illuminated wood sign to be installed onto existing wood frame, and install one (1) nonilluminated wood sign on the building.

NE Corner of
Junipero & Ocean
Avenues
4/5/2023 In Review
Page: 4 of 5
23093 Design Study Windows Mission 4 NE of
10th
4/10/2023 In Review
23092 Design Study Remove (e) sheds totaling 175sf, demolish (e) attached garage, 274 sf, and build a new attached garage totaling 270sf. Extend (e) house by 402 sf, new upper level addition of 624ssf with observation deck, 438 sf. New attached storage shed with ceiling height not to exceed 4'-11" and total 60sf. New trash can enclosure, new outdoor built-in bbq, fire pit, and recirculating fountain. Replace deteriorated grape stake fence along private road with new to match existing height, 77lf.

SW Corner of
Guadalupe & 4th
4/10/2023 In Review
23091 Design Review REMODEL 3,108.00 S.F. OF COMMERCIAL SPACE 115 WITH-IN THE CARMEL PLAZA. NEW ENTRY DOORS, NEW INTERIOR
STAIRS, ADA UPGRADES, NEW DRESSING AREA @ THE LOWER

LEVEL, NEW SALES COUNTER, & NEW BEVERAGE BAR &
COUNTER. BLACK & WHITE STRIPED AWNING TO REPLACE OLD
OFF MISSION STREET.

SPACE -115-
(CARMEL PLAZA)

OCEAN AVENUE &

MISSION STREET
4/20/2023 In Review
23090 Sign Replace existing church sign with a new sign in the same size and design.

Lincoln 3 NW of
6th
4/7/2023 In Review
23089 Preliminary Site
Assessment
reconstruct existing house NE Corner of
Sterling Way &
Perry Newberry
Way
4/6/2023 In Review
23088 Historic
Evaluation
Historic Determination Carmelo 3 SE of
4th
4/4/2023 In Review
23087 Design Review Reface existing brick pillars, four total, at entrance to church parking lot. Reduce height from 6' to approx 4.5'. Finish with smooth stucco with a natural color.

Lincoln 2 SW of
5th
4/4/2023 In Review
23086 Landscape Plan
Check/Inspection
Remove vegetation and planting from City ROW boxes along Monte Verde, Ocean, and 6th Ave side. Plant and refresh areas with drought tolerant plantings.

NE Corner of
Ocean & Monte
Verde
4/4/2023 In Review
23085 Historic
Evaluation
Historical Evaluation. Potentially painting exterior and updating siding.

SW Corner of 8th
Ave & Lincoln St
4/3/2023 In Review
Page: 5 of 5
23084 Design Review Exterior modifications. Removing existing awning. Replacing with one over the opening doorway. Prefer copper awning. Have a sample of black fabric also. Removing the stone ledge at bottom of building. Replacing with flat wood with a framed design. The top of the building will be covered with ACX plywood and painted a celery colored paint. And the frame design on the building will be painted a cream. The sides of the building will be built up a bit to accommodate the copper kerosene lanterns. I will drop by the samples of wood etc.

Ocean 4 NW San
Carlos
4/3/2023 In Review
Total Records: 43 5/3/2023
Page: 1 of 1
Business License Report
04/01/2023 - 04/30/2023
Entity # Application Type Business Name Business
Description
Location Date Received Date Approved Status
23026 Location Change Noelle Micek
Interiors, Inc.

Interior Design
Studio
5th Ave 2 NW of
Junipero
4/28/2023 In Review
23025 New Business Carmel Beach
Hotel & Spa
Hotel, Restaurant,
Spa
NE Corner of San
Antonio & 13th
Ave.
4/20/2023 In Review
23024 Location Change Scott Campbell
Photo Inc.

Photography 24945 Outlook Dr. 4/14/2023 Denied
23023 New Business The Local Gallery
Carmel-by-the-Sea
Art Gallery - Single
artist
SEC of Monte
Verde St and
Ocean Ave
4/17/2023 5/2/2023 Approved
23022 New Business Pizza Heaven Pizzeria sit-down
restaurant
NW Corner
Mission & 8th
4/3/2023 In Review
Total Records: 5 5/3/2023
Page: 1 of 6
Building Permit Report
04/01/2023 - 04/30/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit Type Property Location 230191 4/28/2023 5/2/2023 Remove appox 150sf accessory structure. 200 Building Santa Fe 2 SW of Mountain View
230190 4/28/2023 Remove bathtub from master bathroom and replace with walk-in shower.
16,700 Plumbing SW Corner of Guadalupe &
Ocean
230189 4/28/2023 Relocate an existing light fixture and add one new light fixture.
750 Building NE Corner of Junipero &
Ocean
230188 4/28/2023 Repair upper bedroom deck leaking into kitchen ceiling.

Remove and replace stucco, modify weep screed line,
remove deck tiles as necessary and rewaterproof/reinstall using GACO sealant and replace copper pan. Repair and
paint kitchen plaster.
3,500 Building NE Corner of Lincoln & 10th
230187 4/26/2023 New detached 200 sf garage. 0 Building Monte Verde 3 NW of 11th 230186 4/26/2023 4/26/2023 Remove (e) comp roof and install a new comp shingle Landmark roof to match existing in Midnight Black.
13,500 Roofing 1st 2 SE of Lincoln
230185 4/26/2023 1. TO REMODEL AN EXISTING ONE STORY SINGLE FAMILY

DWELLING, MODIFY EXISTING DETACHED CARPORT AND
ADDING A 310.0 SQ.FT. SECOND STORY ADDITION AND
REDUCING THE MAIN LEVEL BY 46.0 SQ.FT.. 2. PROJECT

INCLUDE'S THE EXTERIOR AND INTERIOR MODIFICATIONS

AS SHOWN ON THE PLANS, AND CONVERTING EXISTING
CARPORT INTO A 200SQ.FT. DETACHED GARAGE. 3. THE

PROJECT WILL CONSIST OF CHANGES TO THE REAR DECKS,
AND FRONT PORCH ENTRANCE. 4. NEW WOOD-CLAD
WINDOWS & EXTERIOR DOORS TO MATCH EXISTING. 5.

NO EXCAVATION. 6. ONE TREE REMOVAL, UNKNOWN
SPECIE. 7. REMOVE HEDGE AT NORTH SIDE OF PROPERTY
LINE
611,000 Building Monte Verde 3 NW of 11th
Page: 2 of 6
230184 4/25/2023 Tear off (e) wood shake roof down to the original sheathing. Install one layer of 72lb mineral surface cap sheet and one layer of 30lb asphalt saturated roofing
underlayment forming a Class A roof. Install 18" class B fire rated perfection wood shingles.
174,079 Building NE Corner of Casanova &
Santa Lucia
230183 4/25/2023 New Residential 4.000kW PV System. 10 REC405AA Panels.

No electrical upgrade. 1 enphase encharge 10 battery
48,332 Electrical Lincoln 6 SW of 3rd
230182 4/25/2023 Interior remodel; convert downstairs family room into 2 bedrooms, convert 1/2 bath to full bath, move laundry
machines
35,000 Building Torres 1 NW of 2nd
230181 4/21/2023 4/28/2023 Paint exterior of single family residence. Body to be "Mole's Breath" and trim to be "Gravel Gray".
0 Exempt Work Scenic 6 SE of 8th
230180 4/21/2023 4/21/2023 Prime and paint the Cypress Inn building in-kind to maintain historic nature. Contact: Rhonda (831) 624-3871 0 Exempt Work NE Corner of Lincoln & 7th
230179 4/21/2023 4/21/2023 Reroof black comp shingle roof in-kind with new Owens Coming Duration in Onyx Black, replacing all flashings and painting them a blending color
32,185 Building SW Corner of Carmelo & 7th
230178 4/21/2023 CONVERT THE EXISTING 242 SQ. FT. GARAGE INTO AN 275 SQ-FT ACCESSORY DWELLING UNIT (ADU).
20,625 Building Santa Fe 3 NE of 2nd
230177 4/20/2023 Remove shower stall and install new shower stall in its place.
15,000 Plumbing San Antonio 7 NE of Ocean
230176 4/20/2023 New Residential 7.290kW PV system. 1 Franklin APower Battery. No electrical upgrades
59,452 Electrical Carmelo 4 NW of Ocean
Page: 3 of 6
230175 4/20/2023 1) Remove and dispose of the existing roofing on the equipment room.
2) Inspect the existing roof deck and replace any damaged wood at an additional cost.
3) Install a layer of #25 pound fiberglass base sheet over the entire roof.
4) Install a layer of smooth modified bitumen over the
entire roof.
5) Install new 24 gauge 3" x 3" bonderized nosing around the perimeter edge.
6) Install a layer of granulated modified bitumen over the entire roof.
7) Clean up and dispose of all Ross Roofing generated
debris.
9,860 Roofing NE Corner of Santa Rita &
Mountain View
230174 4/19/2023 Cosmetic update of small downstairs bathroom. No fixtures to be moved, replace and refresh fixtures.
0 Exempt Work San Antonio 7 NE of Ocean
230173 4/19/2023 4/19/2023 Remove and replace kitchen cabinets, counter tops, appliances, and a sink/faucet using existing plumbing.
0 Exempt Work San Carlos 3 NE of Camino
Del Monte
230172 4/19/2023 Replace rotten siding, facia, and roofing in multiple locations.
10,000 Building SW Corner of Carmelo & 2nd
230171 4/18/2023 Replace shed, existing shed roof caved and was dilapadated. New shed not to have plumbing or electricity. 0 Exempt Work NE Corner of Scenic & 8th
230170 4/18/2023 4/18/2023 Remove and replace 80k BTY 96% downflow furnace. 9,148 Mechanical Lobos 2 SE of 2nd 230169 4/18/2023 4/18/2023 Re-roof tar and gravel garage only. Install a new tar and gravel roof system to replace the existing.
9,000 Roofing Mission 2 NW of Santa Lucia
230168 4/18/2023 5/2/2023 Remove (e) tan cedar shakes and replace with new CertainTeed Landmark TL in color Country Gray, approx
9,400 sf.
90,000 Roofing NE Corner of Ocean &
Junipero
230167 4/17/2023 4/24/2023 Replace two roof sections, from wood shake to new wood shake.
36,062 Roofing SE Corner of Camino Real &
Jane Powers Walkway
230166 4/17/2023 4/18/2023 Move retaining wall 3' to widen driveway. Existing cement driveway to remain, exposed area to remain dirt with
mulch on top.
0 Exempt Work SE Corner of Monte Verde &
8th
230165 4/17/2023 4/18/2023 Removing microwave and installing range fan 400 Building Carpenter 2 NW of 4th Page: 4 of 6
230164 4/17/2023 Changing kitchen faucet 756 Building Carpenter 2 NW of 4th 230163 4/17/2023 4/20/2023 Tear off two layers of roofing (gray comp over wood shake). Install new 7/16" OSB/plywood sheathing and new comp shingle roof system in CertainTeed Country Gray
Lifetime TL.
13,000 Roofing San Carlos 4 SE of 10th
230162 4/14/2023 Replace section of deteriorated/damaged fence in-kind.

Fence to be in same location, height, and design.
0 Exempt Work SW Corner of Rio & Santa
Lucia
230161 4/14/2023 New Garage, Utility Shed, Roof Patio, New Roofing, etc. (Exterior)
125,000 Building NE Corner San Carlos & 13th
230160 4/13/2023 Removal, repair, and replacement of the upper floor tiling to address water intrusion and exterior wall repairs
including shingle replacement due to dry rot and/or leaks. 2,000 Building San Carlos 2 NW of 8th
230159 4/14/2023 Remodel Interior Kitchen & two Bathrooms 75,000 Building NE Corner San Carlos & 13th 230158 4/13/2023 4/17/2023 Overlay New 60 mill TPO roofing membrane. 42,000 Roofing Ocean 2 SW of Lincoln 230157 4/13/2023 4/13/2023 Replace tankless water heater and connected corroded pipes.
5,000 Plumbing Scenic 8 SE of 8th
230156 4/12/2023 4/13/2023 Prime and paint front entrance of Cypress Inn. Contact:

Rhonda (831) 624-3871
0 Exempt Work NE Corner of Lincoln & 7th
230155 4/12/2023 Solar - SFR ROOF MOUNTED PV SYSTEM, TILE, 28 PANELS,

11.200 kW.
24,000 Electrical San Antonio 2 NW of 8th
230154 4/12/2023 Tear off (e) Fire Free roof and install Malarkey Vista 40 year composition shingles over 15 lv felt and OSB plywood.

Color to be Natural Wood.
25,000 Building 2927 Franciscan Way
230153 4/12/2023 197 SF of Additions to single story SFR demolition; reconfigure roof & add solar, update on demand water
heater, new dual fuel generator, new solar battery, bring site coverage into compliance
600,000 Building SE CORNER 5TH &TORRES
230152 4/10/2023 317 sf interior remodel of kitchen and two bathrooms in existing SFR. Replace all windows in-kind, remove two
doors and one window, replace furnace, and upgrade
electrical service to 200 amp.
80,000 Building Mountain View 2 SE of
Guadalupe
230151 4/7/2023 4/7/2023 Relocation of main service panel. Re feed current sub panel, upgrade from 100 amp to 200 amp.
3,000 Electrical 5016 Monterey St
Page: 5 of 6
230150 4/7/2023 4/26/2023 Remove existing hot mopped deck mat and install a new Westcoat "ALX" waterproofing in color Gray.
10,970 Building Carmelo 2 SW of 8th
230149 4/7/2023 4/13/2023 Roof mounted PV system (5.740 kW DC) 20,025 Electrical Santa Rita 3 NE of 4th 230148 4/7/2023 4/12/2023 Remove garage and pad that were crushed by tree that fell in storms.
0 Building SW Corner of Santa Fe &
Mountain View
230147 4/6/2023 4/10/2023 Reroof house and garage. Tear off existing shake roof and install class "A" heavy shakes over 30 lb felt and cap sheet. 50,000 Roofing Santa Fe 3 SE of Ocean
230146 4/6/2023 4/26/2023 interior remodel of a kitchen, bathroom, laundry room, and related elements
40,000 Building Carpenter 2 SE of 4th
230145 4/6/2023 Installation of replacement back flow and irrigation to be fixed if needed.
3,200 Plumbing NE Corner of Ocean & Monte
Verde
230144 4/5/2023 4/13/2023 Install 4.8 Kwh PV system without battery 22,380 Electrical Acacia Way 2 SW of Flanders Way
230143 4/4/2023 Church sign is in need of repair and refresh. Propose to rebuild sign with same size and dimensions. Sign will be new with updated font, approx same size letters as
current. Sign placard is same 42"x18" rectangle made of wood. Contact: Daniel Emerson (831) 402-5708
0 Exempt Work Monte Verde 2 NE of 6th
230142 4/4/2023 4/4/2023 Remove linoleum flooring and research three bumps in the subfloor of the kitchen area. Possibility of removing
sections of subfloor area for repairs.

CONDITION: Site plan to be submitted prior to final
inspection.
7,000 Demolition Camino Real 4 SE of 10th
230141 4/4/2023 4/21/2023 Remove existing vinyl roof and replace with new rolled asphalt roofing.

CONDITION: Color choices approved to be either Grey
Slate or Weathered Wood.
18,000 Roofing Dolores 3 SE of 3rd
230140 4/4/2023 4/4/2023 Remove (e) wood fence that was taken down in storms.

Re-build fence in the same location and style. First 20' from the rear of the property was 86" tall, middle part of the fence was 59" tall and the last part of the fence was 55" tall.
0 Exempt Work Dolores 2 SE of 9th
Page: 6 of 6
230139 4/4/2023 4/4/2023 Addition of fireplace mantel, paint interiors, new tile backsplash, sand and refinish hardwood floors, and install fake veneer beams at edge of ceilings.

Condition: If veneer beams interfere with fire sprinkler system, approval from Fire Department is necessary for
modifications.
0 Exempt Work Perry Newberry 2 NW of 5th
230138 4/4/2023 4/6/2023 Replace storm damaged wood fence which partially blew down in the most recent storm. Contact: Brian LeNeve
(831) 624-8497
0 Exempt Work Camino Real 3 SE of 13th
230137 4/4/2023 Installation of new 120v GFI outlet to be used as a car charger. Power will be shared with existing fountain power supply.
995 Electrical Monte Verde 3 SE of Ocean
Total Records: 55 5/3/2023
Page: 1 of 1
Code Compliance Report
04/01/2023 - 04/30/2023
Case # Case Type Status Location Problem Description Date Received Date Closed 23061 Short-term
Rental
Potential STR
identified
SWC Monte
Verde and 7th
Transient Rental 4/27/2023
23060 Planning/Building
Violation
Open NW Corner
Mission & 8th
Commercial kitchen remodel; including electrical,
plumbing, gas piping and new kitchen equipment being
installed without proper building permit or planning
approvals
4/25/2023
23059 Building Violation Open Casanova 3
NW of 10th
Construction of exterior second story stairway 4/19/2023 23058 Short-term
Rental
1st NOV sent Mission 4 NE
of 10th
Transient Rental 4/19/2023
23057 Short-term
Rental
1st NOV sent Carmelo 4 NW
of 12th
Transient Rental 4/19/2023
23056
23055 Planning
Violation
1st NOV sent Ocean
between
Dolores and
San Carlos
Use Permit Violation 4/4/2023
23054 Planning/Building
Violation
Open NEC Monte
Verde and
Ocean
Plumbing and landscaping without permit 4/3/2023
Total Records: 8 5/3/2023
Page: 1 of 1
Transient Rental Report
01/01/2023 - 04/30/2023
Case # Street Status Date Received Last Status Date Date Closed 23061 Monte Verde Potential STR identified 4/27/2023 4/28/2023 23058 Mission 1st NOV sent 4/19/2023 4/19/2023
23057 Carmelo 1st NOV sent 4/19/2023 4/19/2023
23053 San Carlos 2nd NOV sent 3/21/2023 4/26/2023
23039 Rio Road Closed 2/27/2023 4/17/2023 4/17/2023
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: 15 5/2/2023
Page: 1 of 3
Encroachment Permit Report
04/01/2023 - 04/30/2023
Permit # Permit Type Date
Submitted
Project Description Property Location Date Issued Status 230082 Temp Ench 5/1/2023 Repalcing glass in 8 windows on Mission st side of building w/ new 3/8" laminated safety glass
Carmel Plaza Suite #217,
Ocean & mission
In Review
230081 Temp Ench 4/28/2023 Gas connection on property to main. Connect sewer lateral to main. Contact: JD's Plumbing (831) 394-3100
Monte Verde 3 SE of
11th
In Review
230080 Temp Ench 4/28/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
Casanova 3 SE of 4th 5/1/2023 Issued
230079 Temp Ench 4/26/2023 Replace sewer lateral using pipe bursting.

CONDITION: At least one lane of San Carlos must
remain open at all times.

Contact: Rooter King (831) 394-5315
NW Corner of San Carlos
& 8th
4/28/2023 Issued
230078 Temp Ench 4/26/2023 Applicant to trench, backfill & install electric substructures. PG&E to remove existing overhead
service, install underground service conductor, replace pole, install TPX and remove secondary conductor. Tree
trimming required. PM# 35420138. Contact: PG&E
(408) 478-1894
Lincoln 2 NW of 13th 4/28/2023 Issued
230077 Perm Ench 4/25/2023 legalize existing wood steps and retaining walls in the right of way. Resurface wood retaining walls at the
northwest corner with stone veneer.

SE Corner of Torres & 5th In Review
230076 Temp Ench 4/25/2023 Provide pull box at pole and approximately a 100' long and 4' deep ditch for PG&E to place required conduits
and backfill ditch. Also provide conduit for TV & phone.

Junipero 4 SW of 8th In Review
Page: 2 of 3
230075 Temp Ench 4/25/2023 Replace sewer lateral using pipe bursting.

CONDITION: Scenic road to remain open to through
traffic at all times.

Contact: Rooter King (831) 394-5315
26336 Scenic Rd 4/26/2023 Issued
230074 Temp Ench 4/21/2023 Reroof project that will need to block the sidewalk on the west side of Dolores between Ocean and 6th from
5/15/23 - 5/29/23.

CONDITION: No vehicles are authorized to park on the
sidewalk.

Contact: Premo Roofing Company (831) 443-3605
NW Corner of Dolores &
Ocean
4/26/2023 Issued
230073 Temp Ench 4/21/2023 Sewer lateral replacement using pipe bursting. Contact:

Easy Drains Plumbing (831) 521-6882
San Carlos 3 SE of 11th 5/2/2023 Issued
230072 Temp Ench 4/19/2023 Dig bell hole in a 6'x6' area to expose drop inlet to main line and replace as necessary.

CONDITION: The dead end of Lincoln south of 3rd must
remain open during work.

Contact: RK Wilson Plumbing 831-915-1101
NE Corner of Lincoln &
3rd
4/20/2023 Issued
230071 Temp Ench 4/17/2023 Replacement of sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
SE Corner of Carpenter &
4th
4/17/2023 Issued
230070 Temp Ench 4/14/2023 Temporary one lane traffic closure for material deliveries, temporary parking, and unloading of building materials. 50' encroachment for temporary heavy
equipment parking and staging.

Scenic 3 SW of Ocean In Review
230069 Temp Ench 4/14/2023 9'x12' asphalt repair for CalAm Job #0863. Contact:

Coastal Paving & Excavating (831) 262-1425
Fraser 3 NE of Camino
Real
4/17/2023 Issued
Page: 3 of 3
230068 Temp Ench 4/12/2023 Close sidewalk in front of the Cypress Inn to paint and prime front entrance.

CONDITION: Sidewalk Closed Ahead signs will be
needed at Lincoln & Ocean and Lincoln & 7th.

Encroachment permit valid to 5/1/2023.

Contact: Rhonda Calder (831) 624-3871
NE Corner of Lincoln &
7th
4/12/2023 Approved
230067 Temp Ench 4/12/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
Dolores 3 NE of 10th 4/12/2023 Issued
230066 Temp Ench 4/10/2023 Excavate a 3'x3' put in the ground near fence line and a 4'x5' pit in the asphalt to renew a 1" water service.
811# 2023040501473. Contact: West Valley
Construction (408) 640-8913
Carmelo 150' S of 4th 4/12/2023 Issued
230065 Temp Ench 4/7/2023 Placement of concrete truck and pump in driveway and sidewalk for concrete pour from 4/14/23 - 4/15/23.

Contact: Noe Dorantes (831) 915-9580
Carmelo 2 SW of 8th 4/10/2023 Issued
230064 Temp Ench 4/6/2023 PG&E to install underground service cable. PM# 35420314. Contact: PG&E (408) 478-1894
3009 Lausen Drive 4/6/2023 Issued
230063 Temp Ench 4/6/2023 Encroachment into the ROW for the replacement of stucco and reframing wall adjacent to sidewalk.

Contact: Michael Simons (831) 320-7062
NW Corner of Ocean &
Monte Verde
4/6/2023 Issued
Total Records: 20 5/3/2023
*The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%.

CITY OF CARMEL-BY-THE-SEA
Monthly Report
April, 2023
Public Safety
June 6, 2023

AMBULANCE REPORT
Summary of Carmel Fire Ambulance April Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of April 2023 the ambulance was able to meet the performance measure. The response time was 96% with (2) code-3 call over 5 minutes.
52 Calls for service in CBTS Average response time: 3:34 min. 45 Code 3 medical calls for service – Two calls over 5:00 min. 04/09/23 – 07:38 min- Lincoln and 7th – Forgot to push arrival button 04/18/23 – 05:14 min – Carmelo and 10th – Delay due to distance. Normal response time.

MONTEREY FIRE REPORT
Summary of Monterey Fire April Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life threatening emergency-lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 90%. For the month of April 2023 the fire department was able to meet the performance measure. The response time was 98% with (1) code-3 calls over 5 minutes.
65 total calls for service in CBTS- Average response time: 2:38 min. 49 total Code-3 calls – One with a response over 5:00 min. 4/23/23 - 5:24 min – 26010 Ridgewood - Response delayed due to incorrect address from dispatch.

BEACH FIRES
There was one illegal beach fire recorded during the month of April.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Acting Director of Public Safety APPROVED BY: Chip Rerig, City Administrator
Attachment 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Building fire 4/9/2023 5:14 PM 230409-MNT03038 0:02:27 LINCOLN ST 7TH AVE 3 Dumpster or other outside trash receptacle fire 4/22/2023 1:21 PM 230422-MNT03360 0:03:04 CAMINO REAL ST OCEAN AVE 3 2 0:02:46
Medical assist, assist EMS crew 4/24/2023 8:44 AM 230424-MNT03400 0:01:01 SAN ANTONIO AVE 10TH AVE 3 Medical assist, assist EMS crew 4/24/2023 2:45 PM 230424-MNT03411 0:02:40 7TH AVE LINCOLN ST 3 Medical assist, assist EMS crew 4/24/2023 8:24 AM 230424-MNT03398 0:02:42 7TH AVE LINCOLN ST 3 Medical assist, assist EMS crew 4/12/2023 2:41 AM 230412-MNT03105 0:03:56 DOLORES ST 5TH AVE 3 Medical assist, assist EMS crew 4/5/2023 12:42 PM 230405-MNT02935 0:04:44 CARMELO ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 4/24/2023 11:20 AM 230424-MNT03406 0:01:16 7TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 4/16/2023 1:50 PM 230416-MNT03222 0:01:23 7TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 4/10/2023 10:12 AM 230410-MNT03059 0:01:52 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/23/2023 9:59 AM 230423-MNT03385 0:01:55 7TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 4/9/2023 6:09 PM 230409-MNT3076 0:01:58 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/26/2023 9:50 PM 230426-MNT03462 0:02:06 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 4/9/2023 2:29 PM 230409-MNT03035 0:02:12 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 4/19/2023 9:31 PM 230419-MNT03305 0:02:28 MISSION ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 4/13/2023 7:03 PM 230413-MNT03154 0:02:38 SANTA RITA ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 4/10/2023 10:17 PM 230410-MNT03077 0:02:49 VIZCAINO FLANDERS WAY 3 EMS call, excluding vehicle accident with injury 4/21/2023 3:41 PM 230421-MNT03332 0:02:51 OCEAN AVE SAN ANTONIO AVE 3 EMS call, excluding vehicle accident with injury 4/13/2023 11:13 AM 230413-MNT03140 0:03:19 SANTA RITA ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 4/13/2023 1:27 PM 230413-MNT03147 0:03:25 LINCOLN ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 4/2/2023 7:39 PM 230402-MNT02860 0:03:33 CARMELO ST 9TH AVE 3 EMS call, excluding vehicle accident with injury 4/3/2023 8:10 PM 230403-MNT02895 0:03:45 CARMELO ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 4/24/2023 12:28 PM 230424-MNT03408 0:03:46 4TH AVE SANTA FE ST 3 EMS call, excluding vehicle accident with injury 4/25/2023 8:34 PM 230425-MNT03440 0:03:55 MISSION ST ALTA AVE 3 EMS call, excluding vehicle accident with injury 4/5/2023 8:44 PM 230405-MNT02946 0:04:17 DEL MAR AVE OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/9/2023 12:06 AM 230409-MNT03024 0:04:33 MONTE VERDE ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/23/2023 5:02 AM 230423-MNT03376 0:05:24 26010 RIDGEWOOD RD 3 25 0:02:59

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 04/01/2023 To: 04/30/2023
300-321 Series (EMS)
100 Series (Fires)
23 04 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
Motor vehicle accident with no injuries. 4/16/2023 4:46 PM 230416-MNT03223 0:02:10 DOLORES ST 8TH AVE 3 Motor vehicle accident with no injuries. 4/28/2023 10:08 AM 230428-MNT03490 0:03:19 5TH AVE LINCOLN ST 3 Rescue or EMS standby 4/26/2023 9:20 PM 230426-MNT03461 0:02:04 OCEAN AVE LINCOLN ST 3 Rescue or EMS standby 4/26/2023 8:42 AM 230426-MNT03445 0:03:13 LINCOLN ST 7TH AVE 3 4 0:02:42
Electrical wiring/equipment problem, other 4/7/2023 12:29 PM 230407-MNT02988 0:03:10 12TH AVE SAN ANTONIO AVE 3 Power line down 4/3/2023 9:19 AM 230403-MNT02867 0:03:51 SANTA FE ST 2ND AVE 2 Power line down 4/7/2023 11:18 AM 230407-MNT02987 0:04:24 SANTA FE ST PICO AVE 3 Biological hazard, confirmed or suspected 4/13/2023 2:48 PM 230413-MNT03149 0:02:01 OCEAN AVE SAN CARLOS ST 3 Biological hazard, confirmed or suspected 4/3/2023 11:04 AM 230403-MNT02870 0:02:25 DOLORES ST 4TH AVE 2 Biological hazard, confirmed or suspected 4/7/2023 7:52 PM 230407-MNT02996 0:02:41 SAN CARLOS ST 4TH AVE 3 Biological hazard, confirmed or suspected 4/3/2023 3:51 PM 230403-MNT02883 0:03:11 SAN CARLOS ST 8TH AVE 2 7 0:03:06
Public service 4/11/2023 9:46 AM 230411-MNT03084 0:00:00 TORRES ST 4TH AVE 2 Public service 4/30/2023 7:38 AM 230430-MNT03541 0:01:44 1ST AVE DOLORES ST 2 Public service 4/3/2023 10:20 AM 230403-MNT02869 0:02:54 9TH AVE LINCOLN ST 2 Public service 4/12/2023 8:50 AM 230412-MNT03110 0:03:37 SAN CARLOS ST 10TH AVE 3 Public service 4/24/2023 11:02 AM 230424-MNT03404 0:07:32 2946 FRANCISCAN WAY 2 Assist invalid 4/6/2023 3:27 PM 230406-MNT02965 0:00:32 5TH AVE MISSION ST 2 Assist invalid 4/14/2023 10:49 PM 230414-MNT03190 0:02:42 SAN CARLOS ST 8TH AVE 2 Assist invalid 4/16/2023 8:54 PM 230416-MNT03230 0:02:55 SAN CARLOS ST 8TH AVE 2 Assist invalid 4/28/2023 12:31 PM 230428-MNT03495 0:03:52 2946 FRANCISCAN WAY 3 Assist invalid 4/13/2023 12:22 PM 230413-MNT03143 0:04:42 SAN ANTONIO AVE 8TH AVE 2 Assist invalid 4/6/2023 1:54 PM 230406-MNT02961 0:04:56 LINCOLN ST 12TH AVE 2 Assist invalid 4/2/2023 10:10 PM 230402-MNT02862 0:05:17 CARPENTER ST 5TH AVE 2 Assist invalid 4/14/2023 7:35 PM 230414-MNT03183 0:07:09 CARPENTER ST 5TH AVE 2 No incident found on arrival at dispatch address 4/10/2023 9:06 AM 230410-MNT03057 0:02:41 4TH AVE DOLORES ST 3 No incident found on arrival at dispatch address 4/11/2023 6:34 PM 230411-MNT03098 0:02:54 DEL MAR AVE OCEAN AVE 3 No incident found on arrival at dispatch address 4/5/2023 12:15 AM 230405-MNT02919 0:03:31 OCEAN AVE DEL MAR AVE 3 No incident found on arrival at dispatch address 4/5/2023 9:20 AM 230405-MNT02926 0:03:38 SAN CARLOS ST 7TH AVE 2 No incident found on arrival at dispatch address 4/30/2023 6:47 PM 230430-MNT03555 0:03:56 MONTE VERDE ST 7TH AVE 2 18 0:03:35
False alarm or false call, other 4/11/2023 3:03 PM 230411-MNT03091 0:04:04 LINCOLN ST 5TH AVE 3 Alarm system sounded due to malfunction 4/16/2023 12:59 PM 230416-MNT03220 0:02:56 MONTE VERDE ST 7TH AVE 3 Smoke detector activation, no fire - unintentional 4/18/2023 6:35 AM 230418-MNT03259 0:04:41 CARMELO ST 10TH AVE 3 Alarm system activation, no fire - unintentional 4/22/2023 8:53 AM 230422-MNT03353 0:01:59 SAN CARLOS ST 5TH AVE 3 Alarm system activation, no fire - unintentional 4/20/2023 1:53 PM 230420-MNT03313 0:02:39 JUNIPERO AVE 7TH AVE 3 Alarm system activation, no fire - unintentional 4/4/2023 2:20 PM 230404-MNT02910 0:02:50 JUNIPERO AVE 7TH AVE 3 700 Series (False Alarms)
500 & 600 Series (Service Calls)
400 Series (Hazardous Material)
322-399 Series (Rescues)
23 04 Carmel Fire Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
Alarm system activation, no fire - unintentional 4/18/2023 3:49 PM 230418-MNT03277 0:02:54 DOLORES ST 5TH AVE 3 Alarm system activation, no fire - unintentional 4/5/2023 10:21 AM 230405-MNT02929 0:03:44 JUNIPERO AVE 7TH AVE 3 Alarm system activation, no fire - unintentional 4/7/2023 4:50 PM 230407-MNT02992 0:04:40 2742 SANTA LUCIA AVE 3 9 0:03:23
Code 2 Calls 16
Code 3 Calls 49
65 98%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230423-MNT03376 Delayed due to incorrect address by dispatch 700 Series (False Alarms) cont.
23 04 Carmel Fire Activity Report.xlsx 3
Type of Call Number Average Response Time
Fire 2 2:46
EMS 25 2:59
Rescue 4 2:42
Hazardous Condition 7 3:06
Service Calls 18 3:35
Severe Weather 0 0:00
False Call 9 3:23
Total Responses 65 2:38
Total Code 3 Calls: 49
Response Times for Code 3
Calls ≤ 5 minutes: 98%

CARMEL-BY-THE-SEA
APRIL 2023
Response Summary Report by Incident Type
Fire
3%
EMS
38%
Rescue
Hazardous Condition 6%
11%
Service Calls
28%
Severe
Weather
0%
False Call
14%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\23 04 Carmel Fire Response Summary.xlsx 5/2/2023 Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Building fire 4/9/2023 230409-CFA00537 00:07:38 LINCOLN ST 7th AVE 3 Dumpster or other outside trash receptacle fire 4/22/2023 230422-CFA00596 00:04:08 CAMINO REAL ST OCEAN AVE 3 2 0:05:53
Medical assist, assist EMS crew 4/24/2023 230424-CFA00606 00:06:54 2946 FRANCISCAN WAY 2 EMS call, excluding vehicle accident with injury 4/2/2023 230402-CFA00493 00:03:36 CARMELO ST 9TH AVE 3 EMS call, excluding vehicle accident with injury 4/3/2023 230403-CFA00498 00:03:23 9TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 4/3/2023 230403-CFA00504 00:03:47 CARMELO ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 4/5/2023 230405-CFA00513 00:03:24 OCEAN AVE DEL MAR AVE 3 EMS call, excluding vehicle accident with injury 4/5/2023 230405-CFA00517 00:03:59 CARMELO ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 4/9/2023 230409-CFA00533 00:03:01 MONTE VERDE ST ST / OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/9/2023 230409-CFA00536 00:01:56 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00540 00:04:22 CASANOVA ST 7TH AVE 2 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00542 00:02:12 SAN CARLOS ST ST / OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00548 00:03:49 VIZCAINO WAY FLANDERS WAY 3 EMS call, excluding vehicle accident with injury 4/13/2023 230413-CFA00560 00:03:21 SANTA RITA ST ST / 5TH AVE 3 EMS call, excluding vehicle accident with injury 4/13/2023 230413-CFA00561 00:03:04 JUNIPERO AVE 4TH AVE 2 EMS call, excluding vehicle accident with injury 4/13/2023 230413-CFA00562 00:02:34 SANTA RITA ST ST / 5TH AVE 3 EMS call, excluding vehicle accident with injury 4/16/2023 230416-CFA00570 00:01:14 7TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 4/17/2023 230417-CFA00576 00:04:53 26434 BIRCH PL 3 EMS call, excluding vehicle accident with injury 4/19/2023 230419-CFA00583 00:02:28 7TH AVE MISSION 3 EMS call, excluding vehicle accident with injury 4/21/2023 230421-CFA00592 00:02:20 OCEAN AVE SAN ANTONIO AVE 3 EMS call, excluding vehicle accident with injury 4/23/2023 230423-CFA00601 00:04:58 26010 RIDGEWOOD RD 3 EMS call, excluding vehicle accident with injury 4/23/2023 230423-CFA00604 00:06:20 SAN CARLOS ST 11TH AVE 2 EMS call, excluding vehicle accident with injury 4/24/2023 230424-CFA00605 00:02:26 7TH AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 4/24/2023 230424-CFA00608 00:01:28 4TH AVE / DOLORES ST SANTA FE ST 3 EMS call, excluding vehicle accident with injury 4/24/2023 230424-CFA00609 00:02:20 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 4/24/2023 230424-CFA00610 00:04:34 26607 CARMEL CENTER PL 3 EMS call, excluding vehicle accident with injury 4/25/2023 230425-CFA00615 00:03:56 MISSION ST ALTA AVE 3 EMS call, excluding vehicle accident with injury 4/26/2023 230426-CFA00617 00:03:09 LINCOLN ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 4/26/2023 230426-CFA00619 00:02:48 OCEAN AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 4/26/2023 230426-CFA00620 00:02:15 LINCOLN ST 7TH AVE 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 04/01/2023 To: 04/30/2023
100 Series (Fires)
300-321 Series (EMS)
23 04 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
28 0:03:23
Motor vehicle accident with injuries 4/16/2023 230416-CFA00571 00:02:18 DOLORES ST 8TH AVE 3 Search for person in water 4/11/2023 230411-CFA00552 00:02:31 DEL MAR AVE OCEAN AVE 3 2 0:02:25
Hazardous condition, other 4/3/2023 230403-CFA00497 00:04:12 SANTA FE ST 2ND AVE 2 Hazardous condition, other 4/5/2023 230405-CFA00515 00:02:37 SAN CARLOS ST 7th AVE 3 Hazardous condition, other 4/10/2023 230410-CFA00541 00:02:53 4TH AVE DOLORES ST 3 Hazardous condition, other 4/12/2023 230412-CFA00557 00:03:32 SAN CARLOS ST 10TH AVE 3 Hazardous condition, other 4/30/2023 230430-CFA00629 00:03:59 MONTE VERDE ST 7TH AVE 2 Electrical wiring/equipment problem, other 4/7/2023 230407-CFA00526 00:02:34 SANTA FE ST PICO AVE 3 6 0:03:18
Water or steam leak 4/7/2023 230407-CFA00529 00:02:42 SAN CARLOS ST 4TH AVE 3 Public service 4/24/2023 230424-CFA00607 00:00:49 LINCOLN ST 7TH AVE 3 Assist invalid 4/2/2023 230402-CFA00494 00:04:05 CARPENTER ST 5TH AVE 3 Assist invalid 4/6/2023 230406-CFA00522 00:06:03 LINCOLN ST 12TH AVE 2 Assist invalid 4/12/2023 230412-CFA00556 00:03:19 DOLORES ST 5TH AVE 3 5 0:03:24
False alarm or false call, other 4/4/2023 230404-CFA00509 00:02:58 JUNIPERO AVE 7TH AVE 3 False alarm or false call, other 4/5/2023 230405-CFA00516 00:02:42 JUNIPERO AVE 7TH AVE 3 False alarm or false call, other 4/17/2023 230417-CFA00573 00:01:55 LINCOLN ST 6TH AVE 3 False alarm or false call, other 4/18/2023 230418-CFA00581 00:02:34 DOLORES ST 5TH AVE 3 False alarm or false call, other 4/20/2023 230420-CFA00585 00:02:51 JUNIPERO AVE 7TH AVE 3 Smoke detector activation due to malfunction 4/18/2023 230418-CFA00577 00:05:14 CARMELO ST 10TH AVE 3 Alarm system sounded due to malfunction 4/16/2023 230416-CFA00569 00:02:52 MONTE VERDE ST 7TH AVE 3 Alarm system activation, no fire - unintentional 4/7/2023 230407-CFA00528 00:04:01 2742 SANTA LUCIA AVE 3 Alarm system activation, no fire - unintentional 4/22/2023 230422-CFA00595 00:02:09 SAN CARLOS ST 5TH AVE 3 9 0:03:02
Code 2 Calls 7
Code 3 Calls 45
52 96%
Total Average Response Time 0:03:34
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230401-CFA00537 Forgot to push button
230401-CFA00577 Delay due to distance, normal response time 300-321 Series (EMS) cont.
322-399 Series (Rescues)
400 Series (Hazardous Material)
500 & 600 Series (Service Calls)
700 Series (False Alarms)
23 04 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 4/3/2023 230403-CFA00495 00:09:57 HWY 1 FERN CANYON RD 3 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00546 00:10:01 115 YANKEE POINT DR 3 EMS call, excluding vehicle accident with injury 4/18/2023 230418-CFA00582 00:10:04 115 YANKEE POINT DR 3 EMS call, excluding vehicle accident with injury 4/22/2023 230422-CFA00598 00:08:50 120 HIGHLAND DR 3 EMS call, excluding vehicle accident with injury 4/27/2023 230427-CFA00623 00:08:51 120 HIGHLAND DR 3 Motor vehicle accdient with injury 4/22/2023 230422-CFA00597 00:10:39 HWY 1 YANKEE POINT DR 3 6 0:09:44

CYPRESS
EMS call, excluding vehicle accident with injury 4/3/2023 230403-CFA00496 00:07:54 25865 RIO VISTA DR 3 EMS call, excluding vehicle accident with injury 4/4/2023 230404-CFA00506 00:02:55 3427 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 4/4/2023 230404-CFA00507 00:05:11 26525 FISHER DR 3 EMS call, excluding vehicle accident with injury 4/4/2023 230404-CFA00508 00:04:49 26384 CARMEL RANCHO LN 3 EMS call, excluding vehicle accident with injury 4/4/2023 230404-CFA00510 00:20:11 2700 RIBERA RD 3 EMS call, excluding vehicle accident with injury 4/4/2023 230404-CFA00511 00:06:09 2700 RIBERA RD 3 EMS call, excluding vehicle accident with injury 4/5/2023 230405-CFA00514 00:06:05 26254 CARMELO ST 2 EMS call, excluding vehicle accident with injury 4/5/2023 230405-CFA00519 00:09:23 25635 MESA DR 3 EMS call, excluding vehicle accident with injury 4/5/2023 230405-CFA00520 00:08:59 24963 OUTLOOK LN 3 EMS call, excluding vehicle accident with injury 4/6/2023 230406-CFA00521 00:07:58 25470 CANADA DR 2 EMS call, excluding vehicle accident with injury 4/7/2023 230407-CFA00525 00:07:57 4380 CARMEL VALLEY RD 3 EMS call, excluding vehicle accident with injury 4/7/2023 230407-CFA00527 00:06:25 25418 HWY 1 3 EMS call, excluding vehicle accident with injury 4/8/2023 230408-CFA00532 00:05:03 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 4/9/2023 230409-CFA00534 00:06:54 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00547 00:06:10 2794 PRADERA RD 3 EMS call, excluding vehicle accident with injury 4/11/2023 230411-CFA00549 00:04:01 3497 LAZARRO DR 3 EMS call, excluding vehicle accident with injury 4/11/2023 230411-CFA00551 00:04:53 2313 BAY VIEW AVE 3 EMS call, excluding vehicle accident with injury 4/13/2023 230413-CFA00559 00:06:56 3650 RIO RD 3 EMS call, excluding vehicle accident with injury 4/15/2023 230415-CFA00568 00:07:50 3665 RIO RD 3 EMS call, excluding vehicle accident with injury 4/17/2023 230417-CFA00575 00:05:41 26413 BIRCH PL 3 EMS call, excluding vehicle accident with injury 4/18/2023 230418-CFA00578 00:07:51 4265 CANADA LN 3 EMS call, excluding vehicle accident with injury 4/18/2023 230418-CFA00579 00:07:28 26135 3 EMS call, excluding vehicle accident with injury 4/20/2023 230420-CFA00584 00:02:05 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 4/22/2023 230422-CFA00600 00:06:12 24400 SAN LUIS AVE 3 EMS call, excluding vehicle accident with injury 4/23/2023 230423-CFA00602 00:06:49 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 4/25/2023 230425-CFA00612 00:06:41 3619 EASTFIELD RD 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 04/01/2023 To: 04/30/2023
23 04 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
CYPRESS cont.

EMS call, excluding vehicle accident with injury 4/25/2023 230425-CFA00614 00:04:36 24685 LOWER TRL 3 EMS call, excluding vehicle accident with injury 4/26/2023 230426-CFA00618 00:05:56 26135 3 EMS call, excluding vehicle accident with injury 4/27/2023 230427-CFA00621 00:07:10 24525 OUTLOOK DR 3 EMS call, excluding vehicle accident with injury 4/27/2023 230427-CFA00622 00:04:29 3665 RIO RD 3 EMS call, excluding vehicle accident with injury 4/29/2023 230429-CFA00625 00:08:03 25301 OUTLOOK DR 3 EMS call, excluding vehicle accident with injury 4/30/2023 230430-CFA00626 00:07:53 3650 RIO RD 3 EMS call, excluding vehicle accident with injury 4/30/2023 230430-CFA00628 00:04:10 RIO RD HWY 1 3 Motor vehicle accident with injuries 4/1/2023 230401-CFA00492 00:04:53 CARPENTER ST SERRA AVE 3 Motor vehicle accident with injuries 4/23/2023 230423-CFA00603 00:04:08 HWY 1 CARPENTER ST 3 35 0:06:34
MARINA
EMS call, excluding vehicle accident with injury 4/15/2023 230415-CFA00566 00:17:44 286 BEACH RD 3 1 0:17:44

MID COAST
Rescue, EMS incident, other 4/25/2023 230425-CFA00613 00:18:44 36700 HWY 1 3 EMS call, excluding vehicle accident with injury 4/29/2023 230429-CFA00624 00:26:35 36260 WESTON RIDGE RD 3 2 0:22:39

MONTEREY
EMS call, excluding vehicle accident with injury 4/1/2023 230401-CFA00490 00:04:00 DEL MONTE AVE @ NAVY GATE 3 EMS call, excluding vehicle accident with injury 4/3/2023 230403-CFA00500 00:16:10 501 LIGHTHOUSE AVE 3 EMS call, excluding vehicle accident with injury 4/3/2023 230403-CFA00503 00:00:06 555 ABREGO ST 3 EMS call, excluding vehicle accident with injury 4/6/2023 230406-CFA00523 00:12:42 525 POLK ST 2 EMS call, excluding vehicle accident with injury 4/7/2023 230407-CFA00524 00:15:00 500 GLENWOOD CIR 3 EMS call, excluding vehicle accident with injury 4/9/2023 230409-CFA00535 00:05:00 1110 CASS ST 3 EMS call, excluding vehicle accident with injury 4/9/2023 230409-CFA00538 00:07:25 23795 HOLMAN HWY 3 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00543 00:08:32 345 DELA VINA AVE 3 EMS call, excluding vehicle accident with injury 4/10/2023 230410-CFA00544 00:05:45 15 SOLEDAD DR 3 EMS call, excluding vehicle accident with injury 4/11/2023 230411-CFA00555 00:04:07 2600 SAND DUNES DR 3 EMS call, excluding vehicle accident with injury 4/15/2023 230415-CFA00567 00:09:26 1401 VIA ISOLA 3 EMS call, excluding vehicle accident with injury 4/16/2023 230416-CFA00572 00:07:52 200 GLENWOOD CIR 3 EMS call, excluding vehicle accident with injury 4/18/2023 230418-CFA00580 00:09:16 200 GLENWOOD CIR 3 EMS call, excluding vehicle accident with injury 4/21/2023 230421-CFA00593 00:06:59 20 DEL MONTE AVE 3 EMS call, excluding vehicle accident with injury 4/22/2023 230422-CFA00594 00:10:26 201 GLENWOOD CIR 3 Motor vehicle accident with no injuries. 4/22/2023 230422-CFA00599 00:04:32 135 SOLEDAD DR 2 Cover assignment, standby, moveup 4/3/2023 230403-CFA00502 00:00:09 HWY 1 AGUAJITO RD 2 Cover assignment, standby, moveup 4/4/2023 230404-CFA00512 00:00:05 HWY 1 AGUAJITO RD 2 Cover assignment, standby, moveup 4/11/2023 230411-CFA00553 00:01:01 HWY 1 CANYON DEL REY BLVD 2 Cover assignment, standby, moveup 4/21/2023 230421-CFA00588 00:00:37 HWY 1 HOLMAN HWY NB ON RAMP 2 20 0:06:28

PACIFIC GROVE
EMS call, excluding vehicle accident with injury 4/4/2023 230404-CFA00505 00:15:21 800 ASILOMAR AVE 3 EMS call, excluding vehicle accident with injury 4/11/2023 230411-CFA00550 00:14:17 651 SINEX AVE 2 EMS call, excluding vehicle accident with injury 4/24/2023 230424-CFA00611 00:17:51 939 OCEAN VIEW BLVD 3 EMS call, excluding vehicle accident with injury 4/30/2023 230430-CFA00627 00:13:29 146 12TH ST 3 23 04 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
PACIFIC GROVE cont.
4 0:15:15

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 4/1/2023 230401-CFA00491 00:06:58 1453 ALVARADO LN 3 EMS call, excluding vehicle accident with injury 4/5/2023 230405-CFA00518 00:11:21 3240 SEVENTEEN MILE DR 3 EMS call, excluding vehicle accident with injury 4/13/2023 230413-CFA00558 00:12:05 3008 STEVENSON DR 3 EMS call, excluding vehicle accident with injury 4/14/2023 230414-CFA00563 00:06:05 1576 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 4/20/2023 230420-CFA00586 00:06:56 3297 SEVENTEEN MILE DR 3 EMS call, excluding vehicle accident with injury 4/20/2023 230420-CFA00587 00:08:31 1500 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 4/21/2023 230421-CFA00589 00:09:43 1022 OCEAN RD 3 EMS call, excluding vehicle accident with injury 4/21/2023 230421-CFA00590 00:07:31 1453 ALVARADO LN 3 EMS call, excluding vehicle accident with injury 4/25/2023 230425-CFA00616 00:07:57 1500 CYPRESS DR 3 Motor vehicle accident with no injuries. 4/8/2023 230408-CFA00531 00:06:11 1520 PALMERO WAY 3 10 0:08:20

PRESIDIO OF MONTEREY
EMS call, excluding vehicle accident with injury 4/21/2023 230421-CFA00591 00:14:56 450 SGT BEANS RD 3 1 0:14:56
Code 2 Calls 9
Code 3 Calls 70
79 Total Average Response Time 0:12:42
Total # of Incidents
23 04 CFA Activity Report.xlsx 3
District Response Number Average Response Time
Carmel-By-The-Sea 52 3:34
Carmel Highlands 6 9:44
Cypress Fire Protection 35 6:34
Marina 1 17:44
Mid Coast 2 22:39
Monterey 20 6:28
Pacific Grove 4 15:15
Pebble Beach 10 8:20
Presidio of Monterey 1 14:56
Total Responses 131 11:41
Total Code 3 Calls: 45
CFA Response Times for Code 3
Calls ≤ 5 minutes: 96%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
APRIL 2023
Response Summary Report by District Type
Carmel-By-The-Sea
40%
Carmel Highlands
4%
Cypress Fire Protection
27%
Marina
1%
Mid Coast
1%
Monterey
15%
Pacific Grove
3%
Pebble Beach
8%
Presidio of Monterey
1% Carmel-By-The-Sea
Carmel Highlands
Cypress Fire Protection
Marina
Mid Coast
Monterey
Pacific Grove
Pebble Beach
Presidio of Monterey
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\CFA Reports\23 04 CFA Response Summary.xlsx 5/4/2023 CITY CLERK PRA LOG – APRIL 2023
request
number
Date
Requested
10-day
response
date
records requested requestor date completed notes
2023-40 4/4/2023 4/14/2023
details for every claim filed with the
city regarding fallen trees over the
last 24 months. Please include
copies of claims, payouts,
investigations, or denials. If any
claim was denied please provide, if
any, all information for any legal
claim or suits filed against the city
that followed any denied claim.

Parker Logan 4/25/23 and
5/24/2023
requested extension to
4/28/2023. Sent first half of
responsive records on
4/25/2023, sent remaining
records as part two on
5/24/2023.
2023-41 4/4/2023 4/14/2023
request copies of the following
items of the city's section 115
pension trust: 1) Any contract
award materials related to the
2019 RFP for consulting services
(ci.carmel.ca.us/sites/main/files/fi
leattachments/rfp_cbts_irs_section_
115_final_0.pdf); and 2) Quarterly
investment reports, if available, as
provided by the investment
consultant for 2020, 2021, 2022.

Zack Cziryak,
Reporter Financial
Investment News
4/14/2023 records sent
2023-42 4/5/2023 4/17/2023
Any permits or property files
regarding "0 Junipero, 4 SW of Alta"
including permits, ADU
Andy Meunier 4/6/2023 records are online, sent link
and instructions
2023-43 3/29/2023 4/10/2023
How much OT was paid for storm
response in the city, Jan. 1 to prsent
and to which people (job titles)
Mary Schley 4/7/2023 sent records
2023-44 4/10/2023 4/20/2023
Data collected pursuant to the Racial
and Identity Profiling Act (RIPA) for
all stops conducted from 2/1/22 to
3/15/2023, including the fields
required by GC 12525.5(B)
Rebecca Seldin,
MCO Public
Defender
forwarded request to PD to
respond
2023-45 4/7/2023 4/17/2023
How much OT was paid for storm
response in the city, Jan. 1, 2022
through April 5, 2022, and to which
people (job titles)
Mary Schley 4/13/2023 records sent
2023-46 4/6/2023 4/17/2023
City Hall Retaining Wall Repair
Project bid - the awarded contractor
and awarded amount for the above
project. I would also like to know
the anticipated start dates, if
determined.

Jamaica Bejagan,
Construct connect 4/11/2023
responded 4/11/2023 (info
already sent 3/30/2023 to
construct connect)
2023-47 4/19/2023 n/a copy of police reoprt - sent to PD Sal Ramirez 4/21/2023 by PD sent to PD 2023-48 4/19/2023 5/1/2023
Resolution 2022-084, adopted by
the City Council on September 13,
2022, AND the accompanying

MEMORANDUM OF
UNDERSTANDING between the
City of Carmel-by-the-Sea Police
Officers Association for the period
July 1, 2022, through June 30,
2025.

Phil Finnerman 4/27/2023 records sent
Attachment 4
CITY CLERK PRA LOG – APRIL 2023
request
number
Date
Requested
10-day
response
date
records requested requestor date completed notes
2023-49 4/5/2023 4/17/2023 copy of business license applications for Carmel Beauty Boutique
Stephanie Garcia,
Law Offices of
Robert D. Ponce
5/1/2023
sent email to clarify scope of
request 4/27/2023. emailed
business license application
from 2017 and 2021
2023-50 4/24/2023 5/4/2023
Copy of the letter from the CYC to
the City Council regarding the
shutdown, and the Dept. of Social
Services complaint notice
Ainsley Henderson 4/27/2023 records sent
2023-51 4/28/2023 5/8/2023
request a copy of your building
permit records for Carmel By The Sea
City that are electronic (nothing
scanned or printed) containing
residential and commercial permits
related to construction, renovation,
and maintenance. Time frame-- as
far back as digitally stored or at least
2018- present. Info can be pulled
from permit management software
system used to issue and track
permits, IE: "permit history report"
Rolex
Domengiano,
BuildZoom.com
5/18/2023 records sent via google drive
link
Attachment 4
APRIL 2023

POLICE RECORD REQUEST LOG
Request No. Request Date &
Received By
10-Day Due
Date
Date Completed by
PSO Requestor Info Requested Status
2023-0001 04/04 mw 4/14/2023 4/7 DA Greg Pantelis CG2300137 completed 2023-0002 4/7/2023 4/17/2023 4/8 DA Jacqueline Escobar CA2300148 completed 2023-0003 04/10/2023 ALI 4/20/2023 Rebecca Seldin RIPA information 2023-0004 4/14/23 DA 4/24/2023 4/14 DA Victor Feinstein CA2300148 completed 2023-0005 4/14/23 DA 4/24/2023 4/14 DA Lexis Nexis CA2300148 comleted 2023-0006 4/20/23 DA 4/30/2023 4/20 DA Castleman CC2300099 completed 2023-0007 4/20/23 DA 4/30/2023 4/21 DA PGE-Sal Ramirez CG2300189 completed 2023-0008 04/25/23 AI 5/5/2023 21-Apr Jason Togneri CG2300042 completed 2023-0009 4/27/23 DA 5/7/2023 4/27 DA Kim/Mike Sarola CFS 111920220009 completed Attachment 4

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

City Council Meeting of April 4, 2023
• Adopted Resolution 2023-0028 approving a list of 5 streets for an asphalt overlay, 20 street segments for slurry seal, and 7 areas for sidewalk repairs, for the Fiscal Year (FY) 23/24 Annual Paving Project. The $1,095,000 project will be offset by $438,570 in external funds. • Adopted Resolution 2023-034, awarding a $128,600 construction contract to Rehak General Engineering for the City Hall Wall Repair Project, and approving a budget reallocation of $113,600 to complete the Project.
• Public Works Director presented the Request for Proposals (RFP) for a contractor to renovate the Scout House, and subsequently provide activities programming and facility management.

The Contractor must enter into an Operations and Maintenance Agreement and Site Lease.

Council authorized the release of the RFP and directed staff to proceed with the pre-proposal meeting, but deferred adoption of 2 resolutions related to the California Surplus Lands Act.

City Council Workshop of April 5, 2023
• Public Works Director introduced the Capital Improvement Program (CIP) including: definition, strategy, reviewed 14 CIP projects completed in FY 23, 3 CIP projects to cancel/defer, 3 potential projects to be funded by others, 25 incomplete projects from FYs 22 and 23, valued at $6.7M, to be carried-over into FY 24, 17 potential CIP projects for FY 24, and the 5-Year CIP with potential future funding needs. Council requested that maintenance-oriented projects be moved into operating budgets, advance construction of drainage and beach infrastructure, and added a Scenic Pathway Hardscape Project with matching Carmel Cares funds.

Forest and Beach Commission Meeting of April 13, 2023
• Forestry Administrative Analyst Tom Ford presented information about the March storm impacts on the urban forest, which included: statistics, prioritizing assessments and removals of dangerous trees, staffing resources, permit processing, conditions of the forest, and status of the Urban Forest Master Plan, and he sought feedback from Commissioners and public.

Commissioners stated that they were impressed with the work performed given the reduced staffing and magnitude of the storms, and noted praise from community members. • Reminder for the inaugural Earth Day/Arbor Day celebration on April 22nd at Devendorf Park. • Presented the Public Works Report, including the Forestry Division update, for March 2023.

Attachment 5
Public Works Department Report – April 2023

Administration
• Prepared a Proclamation celebrating National Public Works Week, May 21-27, for the May 2 nd City Council meeting.
• Prepared a staff report for a 3-year Master Funding Agreement with TAMC for May 2nd. • Prepared a staff report and presentation for the second review of the FY 2023/24 Capital Improvement Program for the May 2nd meeting.
• Provided detailed reviews of the proposed Purchasing Ordinance, schedule for the May 2nd meeting, and met with the City Attorney’s office to best reflect purchasing challenges and opportunities for contracting and expediting Public Works projects. • An offer was made, and accepted by, a candidate for the Environmental Programs Manager position. Candidate is currently in background check with tentative start date in mid-May. • As “homework” from the Traffic Safety Committee, met with MST to consider removing two parking spaces on San Carlos Street, south of Ninth Avenue in front of the bus stop bench, to accommodate proper bus pickups, and to consider relocation of the bus stop on the east side of Junipero Street, north of Fourth Avenue, to be closer to the Vista Lobos parking lot. • Public Works Director appeared in an article in SF Gate, and subsequently on KSBW News, regarding March storm impacts on the City’s urban forest and mitigation measures. • The RFP for the Scout House was issued, and a mandatory pre-proposal meeting was held on April 25th. Representatives of the Boy Scouts, Girl Scouts, various contractors, and an architect attended, asked insightful questions, and toured the facility. • Coordinated efforts to seek reimbursement of up to $24,000 from TAMC using Regional Surface Transportation (RSTP) Program funds before the funds expire in late August.

Funding will be used for sidewalk repairs, EV charging station connections, and traffic paint.

Carmel Cares
• Fifteen volunteers, including representatives of the Rotaries, CSUMB, and Girl Scouts, cleaned up the Forest Theater grounds, removing an estimated 600 pounds of weeds and debris. • Participated with other volunteers, including horticulture Professor Alan Wheat, at the North Dunes Habitat Restoration site, and carefully pulled weeds out of the ice plant. • Continued landscaping improvements in the Post Office parking lot.

Environmental Programs
• Lead the inaugural Earth Day/Arbor celebration on April 22nd in Devendorf Park. Over 20 sustainability, environmental, and other volunteer organizations staffed booths, a Western Redbud tree was planted, and the event was well attended throughout the day. • ReGen consultant, HF&H, reviewed the proposed 4.16% rate increase by GreenWaste and requested more backup justification. Rate increase to be submitted to Council for the June 6 th meeting and go into effect in July.
• Processed a $5,464 Local Assistance Grant, as part of the SB 1383 program, for reimbursement for “lid flipping” trash and recycling inspection services performed by Blue Strike Environmental.
• Applied Marine Science obtained watershed samples and performed water quality laboratory testing for upcoming annual reporting.
• Coordinated with Denise Duffy & Associates who are preparing a proposal for North Dunes Habitat Restoration services and on-call, as-needed, environmental support services.

Facility Maintenance
• Monterey County Environmental Health inspected the Forest Theater concession stand and authorized reopening for food service. Recent water intrusion issues were evaluated and will be addressed after the summer performance season.

Attachment 5
Public Works Department Report – April 2023

• Thayer Construction began repairs at the concession stand at Sunset Center, including replacing the service counter.
• Sentry Alarm replaced burglar and fire alarm systems in the Public Works front offices. • For the ADA Upgrades project, metal railings were fabricated which will soon be installed in front of the Harrison Memorial Library (HML) and Piccadilly Park. • Compiled quotes and invoices for potential FEMA reimbursement of roof leaks resulting from the January storms.
• Repaired the sliding partition wall in the Park Branch Library. • Repaired the City Hall sign and flagpole light.
• Cleared the clogged foot wash drain at Scenic Road near Santa Lucia. • Coordinated with the Administration Department for upcoming renovations including painting, replacement furniture, and electrical upgrades.
• Attended the Facility Fusion Conference in San Francisco to gain knowledge on current facility maintenance trends in a fast-changing environment.

Project Management for the Capital Improvement Program
Wallace Group Projects:
• For the Mission Trail Nature Preserve (MTNP) Well Abandonment and Water Tank/Pump House Removal Project, final plans, specs, bid documents, and cost estimate were completed by Wallace Group and approved by staff. The project will be advertised for bids effective May 8 th with a bid opening in June.
• For the Concrete Streets Repair Project, BKF Engineering submitted 30% plans and cost estimates for 3 alternative treatment options. Full depth removal and replacement of the concrete street is cost-prohibitive, but asphalt surfacing options have merit. Required ADA ramps at intersections appear to trigger bulb outs and drainage modifications in some intersection corners. Review comments from Wallace Group and staff are being compiled to return to BKF for corrections.
• Final edits for the draft Storm Drain Master Plan Update, by Schaaf & Wheeler Engineers, are nearing completion. The final Plan will be reviewed by the Project Team in May. • For the Drainage System Repairs Project, Neill Engineering is revising scoping and fee proposals, for an upcoming Amendment to their Professional Services Agreement, to design only minor drainage repairs and improvements, allowing for some project funds to be used for construction. Design and construction of the Junipero Street main/bypass will be deferred. • Wallace Group Project Manager, Rick Reidl, who has been doing an excellent job managing three large civil engineering projects, announced his resignation effective mid-May.

Ausonio, Inc. Projects:
• For the City Hall Retaining Wall Repair Project, the contract with Rehak General Engineering was executed, Notice to Proceed was issued effective April 24th, and a pre-construction meeting was held. The April 24th start date was deferred one week due to delayed delivery of the structural helical piles needed to shore up the historic building during demolition. • For the City Hall Roof Replacement, HML Exterior/Interior Painting, Sunset Center Exterior Painting, and Cottage Windows Repairs, architects Ten Over Studios submitted 100% schematic plans and specifications. Also, M3 prepared specifications for hazardous materials remediation associated with the painting. Ausonio has begun compiling the overall bid package for these bundled projects.
• For the Facility Condition Assessments Project, as review comments continue to be generated from the draft report prepared by Bureau Veritas, facilities identified to be in “poor” Attachment 5
Public Works Department Report – April 2023

condition in City Hall, Fire Station, and Vista Lobos, were added into Years 2-5 in the 5-Year Capital Improvement Plan.
4 Leaf Projects:
• For the Police Building Project, Indigo architects was notified as the top-ranked proposer.

Three rounds of scope of work, schedule, and fee negotiations were held with Indigo to ensure the most critical aspects of the facility evaluation is completed at reasonable costs.

The proposed Professional Services Agreement was delayed to the June Council meeting.

Additional CIP Projects:
• For the MTNP 3 Drainage Improvements Project, a permit is ready to be issued by the Army Corps of Engineers. However, the California Department of Fish and Wildlife and the Water Quality Control Board asked onerous questions and requested unanticipated modifications to the project design which will temporarily further delay this Project. • For the Electrical Panels Upgrade and Sunset Center Meter Replacement Projects, and EV Charging Stations expansion along the south edge of the Vista Lobos parking lot, the selected electrical/mechanical engineering firm, Advance Design Consultants, submitted a proposal.

Negotiations revealed that possible PG&E power service upgrades to certain meters may modify the proposed work; consequently, some design work will need to be phased following preliminary evaluations and design work.
• For the Coastal Engineering Study, the final report for Task 1, the Shoreline Condition Assessment, was submitted. Tasks 2 and 3 (of the 4 tasks in Phase I) are underway. • Neill Engineers is modifying the FY 2019/20 Paving Project plans, removing paving on Junipero and Fifth due to underground drainage improvements, removing the San Carlos Street median islands due to community opposition, and modifying the bid documents. • The electric Street Sweeper is currently being assembled overseas, but delivery will be at least 3 months behind schedule. Project moved into carry-over status in the FY 24 CIP.

Street Maintenance
• Forestry crews continued with dangerous tree removals, hanger removals, debris clearing, and chipping resulting from the winter storms.
• Cleared some fallen trees, limbs, and debris piles out of the MTNP. • Street crews resumed work on ongoing sidewalk repairs and prepared to start the annual traffic painting project in early May.
• A segment of curb and gutter, pushed out of alignment by cypress roots, was reconstructed on Fifth Avenue east of the Post Office. Sidewalk pavers were also replaced. • Began to set up and take down facilities for the Third Thursday events in Devendorf Park. • Began to update fees for Public Works services including tree permit application processing, encroachment permits, landscaping and traffic control plans, development applications, etc.

Forestry Parks and Beach Report
• Davey Resource Group is working on a majority of their 10 technical studies and evaluations associated with the Urban Forest Master Plan. They are approximately 50% complete overall. • Applications to be part of the Urban Forest Management Plan's Steering Committee will be posted to the City website beginning May 12th and will be open for two weeks until Friday, May 26th.
• On-call landscape maintenance contractor, Town & Country, continues working on numerous task orders covering a wide range of landscaping services. A portion of their fees for their work in upgrading the Ocean Avenue Pathway, between Junipero and the east City limits, was charged to the FY 2022/23 CIP project account for Beautification.

Attachment 5
Public Works Department Report – April 2023

• A kickoff meeting was held simultaneously with new, on-call, tree services contractors Community Tree Service, Tope’s Tree Service, and West Coast Arborist. Contract documents were submitted for contract execution. Due to their recent work on storm recovery, their $30k, $60k, and $60k initial contract amounts, respectively, for FY 2022/23 have been exhausted.

Change Orders to increase their contracts will be submitted for City Council approval in June. • Issued Task Orders for removal of 10 very large stumps in the public right-of-way resulting from the storms.
• Completed a tree damage assessment in the MTNP, with the assistance of the Friends of MTNP, which identified 15 fallen trees, 21 leaning/dangerous trees, and 7 trees needing safety pruning. Seeking operating budget to address this work. • Prepared a staff report, for the May 2nd Council meeting, for approval of a $50,000 Purchase Order to Pacific Redwood Products for lumber and materials for the Scenic Pathway Barrier Rails Project. Materials will be provided to Carmel Cares for installation, who will perform the labor at no cost to the City.
• A representative of FEMA came into the office to obtain detailed information about tree impacts and expenses associated with the January storms, for potential reimbursement. • The presentation of “City Prioritization, Data, and Actions Related to Tree Concerns” has been published to the City website. Accordingly, the graphs in subsequent Forester’s Reports will be updated to reflect more accurate numbers of City tree work during storm months. • A protected cypress tree, with dangerous large, cracked limbs resulting from the March storms, was removed near Scenic Road and Eighth Avenue on an urgent basis. • Justin Ono of Ono Consulting continues providing consulting arborist services on a part time basis. Louise Shurvinton Bradley continues to provide full-time administrative support for tree permits, public records requests, claims, and other matters through a staffing agency. . Private and Development Activities
2023 Permitted Removals and Required Planting
Attachment 5
Public Works Department Report – April 2023

City Forestry, Parks, and Beach Activities
28 23
70 38
6 22
70 47
0 10
20 30
40 50
60 70
80 Jan Feb Mar Apr
2023 Permits Intake vs. Issued
Permit intake Tree permits Issued
Attachment 5
Public Works Department Report – April 2023

The City’s Freshdesk server was unable to populate data related to resolved “tickets” (emails and voicemails) in the month of April 2023. Therefore, the May 2023 Forester’s report will include both April and May 2023 Freshdesk data.

Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

Approve the check register for April 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 April 2023.

FISCAL IMPACT:

The check register summary for April 2023 totals $2,042,929.11.

PRIOR CITY COUNCIL ACTION:

Council ratified the March 2023 check register at the May 2, 2023, regular meeting.

ATTACHMENTS:

Attachment 1) April Check Register Summary
April 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
51140 Monterey County Convention & Visitors Bureau TID Remittance Jan-Feb 2023 04/28/2023 29,157.48 51162 Visit Carmel CHID remittance Jan-Feb 2023 04/28/2023 130,883.88 Total for Department: 000 ___ 160,041.36
Department: 110 City Council
50961 Bobby Richards Reimburse for Housing Crisis Event 04/03/2023 27.72 50997 Peninsula Messenger LLC Mail service sorting and delivery 04/03/2023 5,229.00 51036 Bobby Richards Reimburse for League of Nat Cities expenses 04/12/2023 4,314.77 51045 Dave Potter Reimburse for League of Ca Cities/National League/Directors Mtg 04/12/2023 2,758.62 51060 Monterey County Mayor's Association League of California Cities Annual dues 04/12/2023 1,575.83 51085 Carmel Chamber of Commerce Carmel Chamber 2023 Annual Membership Luncheon table 04/19/2023 1,000.00 Total for Department: 110 City Council 14,905.94
Department: 111 City Administration
50955 Alhambra Water service City Hall 04/03/2023 125.94 50956 Amazon Web Services Inc Data and cloud storage fees 04/03/2023 889.93 50959 AT&T Telephone service citywide 04/03/2023 3,022.77 50962 Brandon Swanson Reimburse 2/24/23 Housing Ad Hoc committee lunch 04/03/2023 102.92 50968 Copies By-The-Sea Agenda printing services 04/03/2023 843.52 50977 GovInvest Inc Pension Analysis - Updated Financial Forcast Model 04/03/2023 12,000.00 50979 Image Sales Employee ID Badges 04/03/2023 23.93
50983 JRBC Electric Labor and material PD electrical systems 04/03/2023 2,200.35 50993 Municipal Resource Group, LLC Consulting:Paid Parking Prof services 04/03/2023 4,331.25 51002 Revenue & Cost Specialists LLC User fee study review 04/03/2023 5,000.00 51003 Robert Half Temporary payroll assistance services 04/03/2023 4,394.40 51008 T-Mobile Monthly cell service, usage and purchases 04/03/2023 2,932.06 51013 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 04/03/2023 2,318.00 51014 US Bank Housing Ad Hoc Committee lunch meeting expenses 04/03/2023 146.17 51016 Wageworks,Inc FSA Admin Fees 04/03/2023 264.29
51019 Yvette Oblander 5 Year Service Award 04/03/2023 50.00 51033 All American Mailing, Inc PACT Postcards 04/12/2023 2,187.04 51035 AT&T Telephone service citywide 04/12/2023 2,549.51 51038 California Municipal Statistics Inc Direct and Overlapping Debt Statement as of 6/30/22 04/12/2023 550.00 51040 Carmel Pine Cone Legal noticing 04/12/2023 1,270.00 51042 Chavan and Associates, LLC Financial audit FY 2022-23 04/12/2023 18,000.00 51047 Diversified Management Group HR Consulting services 04/12/2023 287.50 51054 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 04/12/2023 2,412.93 51055 Image Sales Employee ID Badges 04/12/2023 22.83
51057 Iron Mountain Records storage service 04/12/2023 1,264.48 51058 Leslie Fenton Reimbursement for employee appreciation event supplies 04/12/2023 10.93 51069 Robert Half Temporary payroll assistance services 04/12/2023 4,394.40 51073 Sweet Reba'a LLC Food for employee event 04/12/2023 90.00 51079 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 04/12/2023 4,636.00 51080 US Bank Admin Vehicle expense 04/12/2023 90.00
51080 US Bank CA NYT subscription 04/12/2023 17.00
51080 US Bank Calpelra - Membership 04/12/2023 325.00
51080 US Bank CHS Mock Council Meeting Expense 04/12/2023 635.68 51080 US Bank HR Training Fees 04/12/2023 660.00
51084 Xerox Financial Services Copier lease (7) agreement 04/12/2023 3,123.58 51086 Comcast Business NonNGEN internet and recurring charges 04/19/2023 644.82 51088 Diversified Management Group HR Consulting services 04/19/2023 287.50 51090 Emma Huiling Qian Reimbursement for shipping City laptop 04/19/2023 29.52 51092 J 4 Systems Billable services for Systems Engineer 04/19/2023 842.50 51096 Robert Half Temporary payroll assistance services 04/19/2023 4,394.40 51098 Softchoice Corporation SLG EA Microsoft Enterprise agreement/Azure Security upgrade 04/19/2023 711.00 51099 Traffic Patterns Recuritment services and on-call HR 04/19/2023 3,561.25 51100 UPEC United Public Employees Local 292 Misc union fees 04/19/2023 25.00 51113 Alhambra Water service City Hall 04/28/2023 190.86 51122 Carmel Pine Cone Legal noticing 04/28/2023 270.00 51125 Comcast City Hall business cable service 04/28/2023 73.46 51127 Corbin Willits System MOM Financial system monthly fee 04/28/2023 720.79 51131 Digital Deployment Website support agreement:Maint, training, security and updates 04/28/2023 700.00 51138 Minuteman Press Envelopes, stationary, business card and business license form p 04/28/2023 434.50 51142 Monterey Transfer and Storage Inc Document shredding services City Hall 04/28/2023 60.00 Attachment 1
51145 Office Depot, Inc. Office supplies - Finance and Admin 04/28/2023 659.08 51147 Quality Print & Copy Printing services:Business cards, stationary, envelopes 04/28/2023 92.86 51148 Richard Rerig Employee agreement reimbursement 04/28/2023 1,000.00 51153 Springbrook Software Professional services relating to accounting software usage 04/28/2023 378.00 51159 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 04/28/2023 2,318.00 51160 US Bank Employee appreciation event supplies 04/28/2023 53.33 51160 US Bank ConstantContact.com subscription 04/28/2023 70.00 51160 US Bank SpringBrook Training - Payroll 04/28/2023 900.00 51160 US Bank HR subscription 04/28/2023 11.95
51160 US Bank IT telephone expense 04/28/2023 605.79
51160 US Bank IT storage and subscriptions expense 04/28/2023 2,074.36 51160 US Bank IT non capital computer expense 04/28/2023 1,626.45 51160 US Bank Finance charge 04/28/2023 19.00
51161 Verizon Wireless Cell phone usage and sales 04/28/2023 1,321.58 51163 Wageworks,Inc FSA Admin fee curr/prior yr & mo complicance fee 04/28/2023 200.00 Total for Department: 111 City Administration 105,448.41 Department: 112 City Attorney
51072 Sloan Sakai Yeong & Wong Legal services:Personnel 04/12/2023 3,191.36 51120 Burke,Williams & Sorensen, LLP Legal costs-FY 22-23- Labor Negotiations 04/28/2023 27,168.57 Total for Department: 112 City Attorney 30,359.93
Department: 115 Community Planning & Building
50971 CSG Consultants, Inc. FY 22-23: Building Dept. - Plan Review Svcs. 04/03/2023 724.50 50987 Marnie Waffle Feb. 2023 Training reimbursement 04/03/2023 102.94 50994 Office Depot, Inc. Office supplies 04/03/2023 120.05 50995 One Workplace L Ferrari Office Furniture: AMQ S-Series Storage Pedestal 04/03/2023 270.61 51014 US Bank CPB Subscriptions and memberships 04/03/2023 599.00 51014 US Bank Urban & Regional Info System Association fee 04/03/2023 415.00 51014 US Bank Frederico's Embroidery: CP&B ball caps 04/03/2023 237.50 51014 US Bank Office supplies 04/03/2023 29.26
51039 Caltronics/J.J.R Enterprises. Inc KONS Waste Toner Box 04/12/2023 52.86 51041 Carmel Towing & Garage March Fuel 04/12/2023 89.36 51048 ECONorthwest Housing Feasibility 04/12/2023 3,749.85 51049 EMC Planning Group, Inc 6th Cycle Housing Element: Jan. - Feb. 2023 04/12/2023 16,427.66 51050 Engineered Fire Systems FY 22-23: Fire Inspection Plan Reviews 04/12/2023 750.00 51052 FedEx FY 22-23: Planning Dept. - Shipping Fees, Volume Studies 04/12/2023 24.51 51063 Office Depot, Inc. Office supplies 04/12/2023 183.20 51066 People Information Earth Services Monthly Svc. Fee, mailing labels software: Jan. 2022 - Dec. 2022 04/12/2023 3,600.00 51159 Universal Staffing Inc Temporary staffing services 04/28/2023 1,906.08 Total for Department: 115 Community Planning & Bldg 29,282.38 Department: 116 Police
50960 AT&T PD Phone Number lookup services 04/03/2023 225.00 50980 Javier Auto Services PD Auto repairs 04/03/2023 1,962.36 50990 Monterey County District Attorney/Accounting Agency share of Blood Alcohol testing services 04/03/2023 1,155.68 51000 Proforce Law Enforcement PD - Firearms replacement 04/03/2023 537.70 51009 Transunion Risk & Alterna PD: Monthly fee for information services 04/03/2023 75.00 51032 Alhambra Water service Police Dept 04/12/2023 246.46 51041 Carmel Towing & Garage PD Towing expense 04/12/2023 4,330.66 51056 Inmar RX Solutions Inc PD Drug waste processing and disposal 04/12/2023 246.00 51061 Monterey County Sheriff-Coroner Criminal Justice Information System fees 04/12/2023 21,103.42 51062 MP Express Printing Printing of service material:Parking citations, misc forms 04/12/2023 470.22 51074 T2 Systems Canada Inc. PD:Digital iris services 04/12/2023 150.00 51078 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support 04/12/2023 9.15 51081 Verizon Wireless Air cards for MDT's 04/12/2023 326.98 51114 Alpha Auto Auto repairs - PD 04/28/2023 282.78
51125 Comcast PD Cable services 04/28/2023 342.37
51130 Department of Justice/Accounting Office PD:Fingerprinting services 04/28/2023 179.00 51151 Seaside Chrysler, Dodge, Jeep PD Vehicle repairs 04/28/2023 4,243.35 51152 Speak Write Billing Department Speak Write program -PD 04/28/2023 170.12 51155 Timothy Ament Reimburse for tuition So New Hampshire Univ 04/28/2023 960.00 51157 Transunion Risk & Alterna PD: Monthly fee for information services 04/28/2023 75.00 Total for Department: 116 Police 37,091.25
Department: 117 Fire
50967 City Of Monterey FY 2022-23 Monthly fee:Interim Fire Admin/Emerg Incident Mgmt 04/03/2023 236,620.21 50976 First Alarm Alarm services-Fire Station 04/03/2023 309.12 50988 Mission Linen Service Fire Dept laundry service 04/03/2023 123.62 51031 Air Exchange, Inc. Safety equipment Fire Station 04/12/2023 271.11 Attachment 1
51034 American Supply Company Housekeeping supplies-Fire Dept 04/12/2023 172.18 51041 Carmel Towing & Garage Fire Dept gas expense (E15) 04/12/2023 2,107.71 51043 City Of Monterey FY 22-23 Fire Dept vehicle repairs 04/12/2023 556.01 51044 Cypress Coast Ford/Lincoln Ambulance vehicle repairs 04/12/2023 2,811.07 51124 City Of Monterey FY 2022-23 Monthly fee:Interim Fire Admin/Emerg Incident Mgmt 04/28/2023 236,620.21 51139 Mission Linen Service Fire Dept laundry service 04/28/2023 370.86 Total for Department: 117 Fire 479,962.10
Department: 118 Ambulance
50958 Arthur Rosillo ESO Training4/10-4/14/23 04/03/2023 226.00 50967 City Of Monterey FY 2022-23 Ambulance Administration fee 04/03/2023 5,215.18 50998 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 04/03/2023 34.81 51065 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 04/12/2023 90.30 51118 Bound Tree Medical LLC Medical supplies 04/28/2023 3,795.15 51124 City Of Monterey FY 2022-23 Ambulance Administration fee 04/28/2023 8,496.34 51129 De Lage Landen Financial Ambulance Copier lease 04/28/2023 169.79 51143 Myles Routh Medic license 04/28/2023 180.00
51165 Wittman Enterprises, LLC Ambulance billing service 04/28/2023 4,824.05 Total for Department: 118 Ambulance 23,031.62
Department: 119 Public Works
50954 Ailing House Pest Control City Wide Pest Control 04/03/2023 504.00 50957 American Supply Company PW/FM Janitorial supplies 04/03/2023 893.00 50963 Cal Coast Electric, Inc Load test requested by Bukiding Official for CFD 04/03/2023 600.00 50964 Carmel Cares-Dale Byrne, President Landscaping work 04/03/2023 5,737.50 50966 Cintas Corporation PW Uniform Service 21/22 FY 04/03/2023 511.12 50969 Coyote Tree Service Emergency Tree Work- 2/15/23 #298 04/03/2023 250.00 50978 Hana Gardens Del Rey Oaks Jan storm errosion in MTNP-Mountain gate boulders 04/03/2023 1,471.71 50982 Jessica Juico Mileage reinbursement for offsite meetings- MRSWMP Mtg 04/03/2023 1,023.63 50989 Monterey Bay Air Resources District Late payment penalty-3/10/23 #599-031023LATE 04/03/2023 377.25 50991 Monterey County Petroleum Diesel fuel for generator-3/14/23 #0211123-IN 04/03/2023 3,265.47 50992 Monterey Regional Waste Management District Regional SB 1383 implementation 04/03/2023 3,750.00 50996 Otis Elevatior Company HML Contract #SJM066500 04/03/2023 3,306.08 50999 Poe's Plumbing & Backflow Main line stoppage at Library basement 1/10/23 #29120 04/03/2023 748.99 51005 Scarborough Lumber & Building FACILITIY MAINT DIVISION - Hardware supplies 04/03/2023 821.67 51006 Sentry Alarm Systems Alarm monitoring for City buildings 04/03/2023 1,877.25 51011 Trucksis Enterprises, Inc. CA Flag 2 - 1/25/23 #13105 04/03/2023 1,068.68 51012 Uline Inc. PW Streets - Safety Supplies 04/03/2023 457.84 51013 Universal Staffing Inc Temporary staffing services-PW-Forestry 04/03/2023 3,400.00 51014 US Bank FM supplies for City projects - CW 04/03/2023 988.03 51014 US Bank Storage totes 04/03/2023 65.61
51014 US Bank Online training - Community Behaviors - RH 04/03/2023 150.00 51014 US Bank Cell phone accessories 04/03/2023 27.27
51014 US Bank Sand bags- 6183 2/6/23 RH 04/03/2023 688.38 51032 Alhambra PW Water Delivery- 04/12/2023 464.05
51034 American Supply Company PW/FM Janitorial supplies 04/12/2023 350.15 51041 Carmel Towing & Garage PW Streets - Fuel for PW vehicles 04/12/2023 3,886.02 51053 Hayward Lumber PW Streets - Supplies 04/12/2023 203.35 51068 Pureserve Building Service Janitorial services 04/12/2023 21,141.35 51079 Universal Staffing Inc Temporary staffing services-PW Louise Bradley-Forestry 04/12/2023 3,400.00 51087 Core Management Services, LLC Software for janitorial contract-3/31/23 #17956 04/19/2023 600.00 51093 Michael Wood Safety Boots per MOU-22/23 FY 04/19/2023 250.00 51097 Scarborough Lumber & Building Chainsaw repairs 3/31/23 #446689-4 04/19/2023 275.00 51112 Ailing House Pest Control City Wide Pest Control 04/28/2023 434.00 51115 Always Under Pressure Oil Water Seperator 04/28/2023 261.25 51117 Bay City Boiler Emergency repair-boiler parts replacement @ SSC 04/28/2023 4,689.15 51123 Cintas Corporation PW Uniform Service 21/22 FY 04/28/2023 516.06 51126 Conte's Generator Service, iNC PW/FM Emergency generator services 04/28/2023 512.52 51128 David Saldivar Boots per MOU 250.00 DS4/2/93 04/28/2023 250.00 51129 De Lage Landen Financial PW Copier monthly lease- 04/28/2023 205.40 51133 Golden State Portables Portables for Forest Theater - 04/28/2023 1,062.19 51134 Granite Rock Company Supplies for PW 04/28/2023 656.61 51135 Hayward Lumber PW Streets - Supplies 04/28/2023 224.51 51136 M & S Building Supply FACILITY MAINT. DIVISION - Supplies 04/28/2023 19.69 51141 Monterey County Weekly Classifieds Public Notice Scout House-4/6/23 #37-072215-00000 04/28/2023 346.50 51145 Office Depot, Inc. PW/FM/Forestry - Office Supplies FY 2023 04/28/2023 102.67 51146 Ono Consulting On-call arborist for tree evaluations 04/28/2023 15,150.00 51149 Ross Roofing Inc Roof repair services for City Facilities 04/28/2023 3,582.00 51150 Scarborough Lumber & Building PW Streets - Supplies 04/28/2023 44.00 51156 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 04/28/2023 8,358.00 Attachment 1
51159 Universal Staffing Inc Temporary staffing services-PW Louise Bradley-Forestry 04/28/2023 3,400.00 51164 West Coast Arborists Inc . Contract tree work 04/28/2023 14,628.40 Total for Department: 119 Public Works 116,996.35
Department: 120 Library
51095 Pacific Grove Self Storage Storage Unit - Document storage 04/19/2023 353.00 Total for Department: 120 Library 353.00
Department: 121 Community Activities
51091 Glastonbury Inc PW Earth Day Celebration 2023 sound 04/19/2023 1,650.00 51160 US Bank FestivalNet 12-month subscription - Homecrafters' ad 04/28/2023 60.00 51160 US Bank Supplies for Library 04/28/2023 149.60
Total for Department: 121 Community Activities 1,859.60 Department: 122 Economic Revitalization
51082 Visit Carmel Destination Marketing-Quarter 2 2023 04/12/2023 30,000.00 51094 Monterey County Convention & Visitors Bureau Destination Marketing Jurisdiction investment Q4 Apr - Jun 2023 04/19/2023 50,002.50 51154 Sunset Cultural Center Inc. Current fiscal year Operating Grant 04/28/2023 187,500.00 Total for Department: 122 Economic Revitalization 267,502.50 Department: 130 Non-Departmental
51020 U.S. Bank PARS Sec 115 Trust Pension Mitigation Payment 3 of 4 04/03/2023 250,000.00 51064 Pacific Gas & Electric Citywide gas & electric services 04/12/2023 15,261.50 51067 Prism Public Risk Innovation Apr-Jun 2023 70 employees 04/12/2023 474.60 51077 U.S. Bank PARS Sec 115 Trust Pension Mitigation Payment 4 of 4 04/12/2023 250,000.00 51121 Cal-Am Water Company Water service citywide 04/28/2023 10,179.26 Total for Department: 130 Non-Departmental 525,915.36
Department: 311 Capital Projects
50953 4Leaf, Inc Police Facility Reno Project 04/03/2023 19,330.00 50963 Cal Coast Electric, Inc Electrical work for PW Garage panel 04/03/2023 24,172.19 50973 Drought Resistant Nursery Plants for Ocean Ave.-3/9/23 #262724 04/03/2023 404.66 50974 EMC Planning Group, Inc Coastal Engineering Study and Adaptation Plan 04/03/2023 16,882.61 50985 Layer 1 Networks Inc Telcom Work per Joel. 2/28/23 #60402 04/03/2023 2,603.34 51004 Ross Roofing Inc Repair leaks for PD roof 04/03/2023 3,454.00 51007 Ten Over Studio, Inc Architecural Services-On Call- SSC Window Repair 04/03/2023 24,024.64 51014 US Bank CIP: SCANNING & DIGITIZING PROJECT 04/03/2023 740.44 51015 Valley Hills Nursery Plants for City sites- 3/9/23 #598 04/03/2023 1,037.31 51017 Wallace Group Project managment:CIP MTNP well, tank, and pump house 04/03/2023 5,574.00 51071 Schaaf & Wheeler Civil Engineers Storm Drain Master Plan 04/12/2023 12,672.50 51075 Ten Over Studio, Inc Architecural Services-On Call- SSC Window Repair 04/12/2023 6,971.62 51111 4Leaf, Inc Police Facility Reno Project 04/28/2023 5,216.25 51116 American Lock & Key New transmitter for ADA closer @ CH 4/6/23 #83897 04/28/2023 1,202.45 51119 Bureau Veritas North America Inc Facilities Condition Assessment Project 04/28/2023 15,404.50 51132 EMC Planning Group, Inc Coastal Engineering Study and Adaptation Plan 04/28/2023 12,439.31 51137 M3 Environmental Consulting SSC Haz Materials and Paint Project 4/7/23 #2328701 04/28/2023 3,500.00 51144 Neill Engineers Corp. City Wide Drainage Storm Drain Master Plan 04/28/2023 16,876.00 Total for Department: 311 Capital Projects 172,505.82
Department: 411 Debt Service
51101 US Bank Debt service Carmel Pub Auth 2020 Ref LRBS 04/19/2023 77,673.49 Total for Department: 411 Debt Service 77,673.49
Grand Total 2,042,929.11
Schedule of Contract Payments - April
Contract Amt Paid thru Apr Contract
Balance
$ 20,247.00 107,730.00 $ $ 87,483.00
$ 2,528,486.70 2,839,443.00 $ $ 310,956.30 Fire Admin
$ 2,142.50 41,840.70 $ $ 39,698.20
$ 211,413.50 250,000.00 $ $ 38,586.50
$ 42,162.50 179,800.00 $ $ 137,637.50
* FY2022-2023 Budget
4Leaf Inc.

Vendor
Pen Messenger
City of Monterey *
J4 Systems
Pureserve *
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

Resolution 2023-054 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. CPB-CSG-033-19-20 with CSG Consultants, Inc. for on-call building and code compliance services increasing the not to exceed amount from $240,000 to $331,000, and extending the term to June 30, 2024 RECOMMENDATION:

Adopt Resolution 2023-054 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. CPB-CSG-033-19-20 with CSG Consultants, Inc. for on-call building and code compliance services increasing the not to exceed amount from $240,000 to $331,000, and extending the term to June 30, 2024.

BACKGROUND/SUMMARY:

From time to time, the City utilizes the services of on-call building plan check services, which is paid for in full by the cost of building permit applications. The City Administrator executed Professional Services Agreement No. CPB-CSG-033-19-20on July 1, 2019 with CSG Consultants, Inc. (CSG) for on-call building services for a not-to-exceed amount of $10,000 for the term of July 1, 2019 to June 30, 2020. On July 13, 2020, the City Administrator executed an amendment to the agreement with CSG to increase the not-to-exceed amount to $24,999 and extend the term to July 1, 2020 through June 30, 2022. On November 1, 2021, City Council authorized the City Administrator to execute an agreement with CSG increasing the contract value to a not to exceed amount of $200,000. On August 2, 2022, City Council authorized the City Administrator to execute an agreement with CSG increasing the contract value to a not to exceed amount of $240,000. Although City Council approved this increase, due to an administrative oversight, a Contract Service Agreement was not processed through June 30, 2023. CSG continued to honor the previous contract to date. In addition, approximately $51,000 in services were also omitted from the most recent contract value increase to $240,000. The attached resolution (Attachment 1) extends the contract term through June 30, 2024 while also correcting the previous oversight of the contract value.

Carmel Municipal Code requires Council to approve all contracts with a value of $25,000 or more by resolution. The purpose of this agenda item is to authorize the City Administrator to approve an amendment to the existing agreement with CSG that: (1) Increases the not to exceed amount by $91,000, from $240,000 to $331,000. This captures both the $51,000 that was omitted in 2022, and the $40,000 programmed for FY 2023-24; and (2) extends the term of the agreement through the end of fiscal year 2023-24, with an expiration of June 30, 2024.

With the Building Department fully staffed, this increase is intended to allow for CSG to perform plan check reviews which require technical knowledge not available on staff. The vast majority of “typical” building plan checks are handled in-house.

FISCAL IMPACT:

The FY 2023-2024 Budget for Community Planning and Building includes $40,000 for CSG to perform building plan check services, which is paid for with building permit fees (pass through cost). The additional $51,000 being added to the contract value was also fully covered by building permit fees No budget amendments are required for this action. This is only a contract amendment to bring the term and value current. FISCT
PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Attachment 1) Resolution 2023-054
Attachment 2) CSG Agreement 2023-24

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-054

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ANAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. CPB-CSG-033-19-20 WITH CSG CONSULTANTS, INC. FOR BUILDING AND CODE COMPLIANCE SERVICES EXTENDING THE CONTRACT TERMINATION DATE TO JUNE 30, 2024 AND INCREASING THE NOT TO EXCEED VALUE FROM $240,000 TO $331,000
WHEREAS, the City of Carmel-by-the-Sea (City) currently utilizes CSG Consultants, Inc. (CSG) to perform on-call building plan check under a Professional Services Agreement approved by Resolution No. 2021-067 on November 1, 2021; and
WHEREAS, the City’s Community Planning and Building Department wishes to continue to utilize CSG’s specialized knowledge and skills pertaining to building plan check review for certain types of technical projects; and
WHEREAS, CSG possesses the skills to perform these services; and WHEREAS, building permit plan check services are fully covered by building permit fees taken in from the applicant for each project; and
WHEREAS, on August 2, 2022, the City executed a contract amendment with CSG to increase the value of Professional Services Agreement No. CPB-CSG-033-19-20 to a not to exceed amount of $240,000
WHEREAS, the adopted Fiscal Year 2023-2024 Budget for Community Planning and Building includes $40,000 for contract services to perform building plan check for services that the City does not retain the technical capability to perform; and WHEREAS, the prior contract amendment failed to include $51,000 of work performed under the agreement, all of which was paid for by building permit fees; WHEREAS, the Carmel Municipal Code requires Council to approve contracts with a value of $25,000 or more by resolution; and

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 an amendment to professional services agreement CPB-CSG-033-19-20 with CSG Consultants, Inc. for on-call building and code compliance services to increase the not-to-exceed amount from $240,000 to $331,000 and to extend the term of the agreement from July 1, 2019 to June 30, 2024.

Attachment 1
Resolution 2023-054

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
1 PROFESSIONAL SERVICES

AGREEMENT/AMENDMENT
for the
Provision of On-Call Building Inspection Services
PSA Agreement No. CPB-CSG-033-19-20
THIS AGREEMENT/AMENDMENT is executed this ____ day of _____, 2023, by and between the City of Carmel- By-The-Sea, a municipal corporation, (hereinafter "City"), and CSG Consultants, Inc., (hereinafter "Consultant"), collectively referred to herein as the “parties”.

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

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

1. SERVICES
A. Scope of Services. Consultant agrees to provide to the City, as the scope of services (“Scope of Services”) under this Agreement, the following: on-call building inspection services. The Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement shall include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto.

B. Change Orders. Agreements and Change Orders exceeding $24,999 require City Council approval to be valid. The City may, from time to time, by written notice to Consultant, make changes to the Scope of Services as defined in Section 1.A above, and Consultant shall carry out the Services subject to such changes, within the time limits agreed to by the parties. The compensation and/or Project Schedule shall be increased or decreased by written Change Order to this Agreement (“Change Order”), signed by the City and Consultant, prior to commencement of any such changes of the Services.

However, any increase in compensation beyond the compensation limit amount approved by the City Council must be authorized in advance by Council. The City shall not be liable to pay additional compensation to Consultant for any additional services performed without an executed Change Order issued prior to proceeding with amended services. All other terms of this Agreement shall apply to authorized Change Orders.

2. COMPENSATION
Attachment 2
2 A. Total Fee. The City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Fee Schedule (Exhibit “B”), in a total amount not-to-exceed Three Hundred Thirty-One Thousand Dollars ($331,000). Such compensation shall be considered the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule shall include, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and sub-consultant mark-up rates. Payment of any compensation to Consultant hereunder shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City shall not be responsible for payment until the Services have been satisfactorily performed.

B. Invoicing. Consultant shall submit to the City monthly written invoices to the City’s Project Representative, identified in Section 5 herein. Invoices shall be prepared in a form satisfactory to the City, describing the services rendered and associated costs for the period covered by the invoice. The City shall provide invoicing format upon request.

Consultant shall not bill the City for duplicate services performed by more than one person. Consultant’s invoices shall include, but are not limited to, the following information:
i. Invoice number and date;
ii. A brief description of services performed for each project phase and/or task; iii. The total amount due for the period covered by this invoice, including subconsultants and vendors of services or goods; iv. Copies of sub-consultant, vendor, and reimbursable invoices including hourly breakdowns when requested by City.
v. Copies of sub-consultant and vendor releases.

Any such invoices shall be in full accord with any and all applicable provisions of this Agreement. The City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, the City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant.

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

C. Adjustment of Fees. The City may increase or decrease the Maximum Authorized Expenditure by issuing a Change Order to the Agreement in accordance with Section

1.B “Change Orders” above. Should Consultant consider that any request or instruction Attachment 2
3 from the City’s Project Representative constitutes a change in the scope of services, Consultant shall so advise the City’s Project Representative, in writing, within fourteen (14) calendar days of such request or instruction. Without said written advice within the time period specified, the City shall not be obligated to make any payment of additional compensation to Consultant.

D. Hourly Rates. Payment for all authorized services, including payment for authorized oncall, as-needed services, shall be made by the City to Consultant in accordance with the various hourly rates as set forth in the Consultant’s Fee Schedule (Exhibit “B”).

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

F. Audit and Examination of Accounts:
i. Consultant shall keep and will cause any assignee or sub-consultant under this Agreement to keep accurate books of records and accounts, in accordance with sound accounting principles, which pertain to services to be performed under this Agreement.
ii. Any audit conducted of books of records and accounts shall be in accordance with generally accepted professional standards and guidelines for auditing. iii. Consultant hereby agrees to disclose and make available any and all information, reports, books of records or accounts pertaining to this Agreement to the City and any city of the County of Monterey, or other federal, state, regional or governmental agency which provides funding for these Services.
iv. Consultant shall include the requirements of Section 2F, “Audit and Examination of Accounts”, in all contracts with assignees or subconsultants under this Agreement. v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of services hereunder. All records, which pertain to actual disputes, litigation, appeals or claims, shall be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

G. On-Call Agreements. The amount of work (scope of services) to be requested during the Agreement term cannot be well defined at the outset. The Consultant agrees to perform the work on an on-call basis in such increments and at such times as defined in written work requirements issued by the City as the need arises. The Consultant agrees that the offer to perform the work at the various rates as set forth in the Consultant’s Fee Attachment 2
4 Schedule (Exhibit “B”) remains in effect for all work requirements issued by the City during the Agreement term or until the exhaustion of the Agreement funding limit, whichever occurs first. The City does not guaranty a minimum dollar value of work.

3. AGREEMENT TERM
A. Term. The work under this Agreement shall commence by July 1, 2023 and shall be completed by June 30, 2024 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that shall survive the termination or completion of this Agreement. Consultant shall perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders)”, in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

B. Timely Work. Consultant shall perform all Services in a timely fashion, as set forth more specifically in Section 3.A, “Term”. Failure to perform is hereby deemed a material breach of this Agreement, and the City may terminate this Agreement with no further liability hereunder, or may authorize, in writing, an extension of time to the Agreement.

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

4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. Substitution of Employees or Sub-consultants:
i. If, at any time, the City reasonably objects to the performance, experience, qualifications or suitability of any of Consultant’s employees or sub-consultants, then Consultant shall, on written request from the City, replace such employee or subconsultant. Consultant shall, subject to scheduling and staffing considerations, make reasonable efforts to replace the individual with an individual of similar competency and experience.
ii. Regardless of whether or not the City consents to, or requests a substitution of any employee or sub-consultant of Consultant, the City shall not be liable to pay additional compensation to Consultant for any replacement or substitution.

B. Sub-agreements with Sub-consultants. Consultant shall incorporate the terms and conditions of this Agreement into all sub-agreements with sub-consultants in respect of the Services necessary to preserve all rights of the City under this Agreement.

Consultant shall be fully responsible to the City of all acts and omissions of subAttachment 2 5 consultants and of persons employed by any sub-consultant.

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

D. Independent Contractor:
i. Consultant is an independent contractor. This Agreement does not create the relationship of employer and employee, a partnership, or a joint venture. The City shall not control or direct the details, means, methods or processes by which Consultant performs the Services. Consultant is responsible for performance of the Services and may not delegate or assign any Services to any other person except as provided for herein. Consultant shall be solely liable for the work quality and conditions of any partners, employees and sub-consultants. ii. No offer or obligation of permanent employment with the City or particular City department or agency is intended in any manner, and Consultant shall not become entitled by virtue of this Agreement to receive from the City any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. Consultant shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of Consultant’s performance of Services under this Agreement. In connection therewith, Consultant shall defend, indemnify and hold the City harmless from any and all liability, which the City may incur because of Consultant’s failure to pay such taxes.

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

Name: Brandon Swanson
Title: Community Planning and Building Director
Address: PO Box CC, Carmel-by-the-Sea, CA 93921
Telephone: 831-620-2024
Email: [email protected]
Attachment 2
6 B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: John Latorra
Title: Regional Manager
Address: 550 Pilgrim Drive, Foster City, CA 94404
Telephone: 650-522-2500
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as set forth herein as may be required by the City to insure timely and adequate performance of this Agreement.

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

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

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

Notwithstanding the provisions of the above paragraph, Consultant agrees to indemnify and hold harmless the City from and against all claims, demands, defense costs, liability, expense, or damages arising out of or in connection with damage to or loss of any property belonging to Consultant or Consultant's employees, sub-consultants, representatives, Attachment 2
7 patrons, guests or invitees.

Consultant further agrees to indemnify the City for damage to or loss of City property to the proportionate extent they arise out of Consultant's negligent performance of the work associated with this Agreement or to the proportionate extent they arise out of any negligent act or omission of Consultant or any of Consultant's employees, agents, sub-consultants, representatives, patrons, guests or invitees; excepting such damage or loss arising out of the negligence of the City.

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

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

B. Professional Liability Insurance with limits of not less than $1,000,000 per occurrence or claim and $2,000,000 in the aggregate. Consultant will either maintain or cause to be maintained professional liability coverage in full force or obtain extended reporting (tail) coverage (with the same liability limits) for at least three years following the City's acceptance of the work.

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

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

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

Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement shall not be canceled, except with prior written notice to the City.

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

Attachment 2
9 viii. Consultant shall require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements stated herein.

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

B. Consultant, its agents, employees, and sub-consultants shall perform all Services in a safe and skillful manner consistent with the highest standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields in accordance with sound professional practices. All work product of Consultant shall comply with all applicable laws, rules, regulations, ordinances and codes. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

All Services performed under this Agreement that are required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.

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

D. Consultant agrees to perform all work under this Agreement to the satisfaction of City and as specified herein. The City’s Project Representative or his or her designee shall perform evaluation of the work. If the quality of work is not satisfactory, City in its discretion may meet with Consultant to review the quality of work and resolve the matters of concern, and may require Consultant to repeat the work at no additional fee until it is satisfactory.

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

B. City Resources. The City acknowledges that Consultant’s ability to provide the Services in accordance with this Agreement may be dependent on the City providing available information and resources in a prompt and timely manner as reasonably required by Consultant. To the extent that the City fails to provide City resources, Consultant shall Attachment 2
10 not be liable for any resulting delay in the Services or failure to meet the Project Schedule, but in no event shall such delay or failure to provide City resources constitute a breach of this Agreement by the City, nor shall Consultant be entitled to extra compensation for same.

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

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

B. No Patent or Copyright Infringement. Consultant guarantees that in its creation of the Materials produced under this Agreement, no federal or state patent or copyright laws were violated. Consultant agrees that all copyrights, which arise from creation of the work or Services pursuant to this Agreement, shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City.

Consultant covenants that it will defend, indemnify and hold City harmless from any claim or legal action brought against the City for alleged infringement of any patent or copyright related to City’s use of Materials produced by Consultant and its employees, agents and sub-consultants under this Agreement.

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

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

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

Attachment 2
11 11. CONFIDENTIALITY
A. No Disclosure. Consultant shall keep confidential and shall not disclose, publish or release any information, data, or confidential information of the City to any person other than representatives of the City duly designated for that purpose in writing by the City.

Consultant shall not use for Consultant’s own purposes, or for any purpose other than those of the City, any information, data, or confidential information Consultant may acquire as a result of the performance of the Services under this Agreement. Consultant shall promptly transmit to the City any and all requests for disclosure of any such confidential information or records. The obligations under this Section shall survive the expiration or earlier termination of this Agreement.

B. California Public Records Act. Consultant acknowledges that the City is subject to the California Public Records Act (Government Code Section 6250 et seq.), known as the “PRA”, and agrees to any disclosure of information by the City as required by law.

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

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

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

In addition, Consultant, Consultant’s employees, and sub-consultants agree as follows:

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

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

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

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

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

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

14. TERMINATION OF AGREEMENT
A. Termination for Cause or Default. The City reserves the right to immediately terminate this Agreement, in whole or in part, if Consultant or any sub-consultant defaults or fails to deliver the Services in accordance with the terms and conditions of this Agreement.

Such termination shall be in writing, shall set forth the effective date of termination, shall not result in any penalty or other charges to the City, and may be issued without any prior notice. Without limitation, Consultant is in default of its obligations contained in this Agreement if Consultant, or any sub-consultant:
i. Fails to perform the required Services within the term and/or in the manner provided under this Agreement;
ii. Fails to supply sufficient, properly skilled workers or proper workmanship, products, material, tools and equipment to perform the Services; iii. Fails to observe or comply with all laws, ordinances, including all requirements of governmental or quasi-governmental authorities, including federal, state, and local government enactments, bylaws, and other regulations now or, following the date of this Agreement, in force that pertain to;
iv. Fails to observe or comply with the City’s reasonable instructions; v. Breaches the Conflict of Interest provisions of this Agreement; or vi. Otherwise violates any provision of this Agreement.

B. Termination for Convenience. The City may, at its option, terminate this Agreement, in whole or in part, at any time during the Agreement Term for the convenience of the City.

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

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

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

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

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

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

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

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

D. Headings. The headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.

The headings are for convenience only.

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

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

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

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

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

J. Severability. If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive termination of the Agreement for any cause. If a part of the Agreement is valid, all valid parts that are severable from the invalid part remain in effect. If a part of this Agreement is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

K. Non-exclusive Agreement. This Agreement is non-exclusive and both the City and Consultant expressly reserve the right to enter into agreements with other Consultants for the same or similar services, or may have its own employees perform the same or Attachment 2
16 similar services.

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

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

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

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

CITY OF CARMEL-BY-THE-SEA CONSULTANT
Mayor, City Administrator, or Designee Signature Consultant Signature Printed Name Printed Name
Title Title
Consultant Legal Company Name
ATTEST:

By:

Nova Romero, City Clerk
Date:

Exhibit “A” Scope of Services, including Key Personnel
Exhibit “B” Fee Schedule
Attachment 2
17 Exhibit A
Scope of Services
Services to be provided on an on-call basis. Consultant shall provide well qualified and competent personnel to provide the following services to the City:

1. Building Inspection and Engineering Services
a. Read and study project specifications, plans and drawings to become familiar with project prior to inspection; ensuring that structural and/or architectural changes have been stamped as approved by appropriate authority, and recognizing the need for and requiring plan checks for electrical, plumbing and mechanical code requirements. b. Perform and document inspections on construction projects to determine that all aspects of the project (i.e., foundations, building and electrical, plumbing and mechanical systems) conform to applicable building codes, zoning ordinances, energy conservation and disabled access requirements, including all City, state and federal requirements. c. Review plans for building construction, plumbing, electrical and mechanical details prior to making inspection.
d. Participate in reviews with fire, health, and other governmental agency inspectors, as well as project owners.
e. Maintain a record of non-compliance items, and follow-up to resolve such items. f. Upon request, inspect existing building for substandard, unsafe conditions. g. Consultant may perform virtual inspections but only after approval to do so is received from the City, which approval may be provided by the City in its sole discretion. h. Service provided upon at least one (1) day notification. Consultant shall provide City with the name and phone number of the firms’ inspection dispatcher and/or scheduler. i. Conduct civil engineering review site/foundation drainage.

Attachment 2
Exhibit B
CSG Services forCarmel by the Sea

PERSONNEL/SERVICES
Complete Plan Review by Percentage
Examiner
Structural Plan Review by Percentage
Engineer
Expedited Plan Review by Percentage
Structural Plan Review/ Structural
Engineer
Structural Plan Review/ Professional
Engineer
Certified Plan Reviewer (Building &
Life Safety Review)
Building Official
Building Inspector
Permit Technician
CASp Consultation
CASp Inspection
Fire Plan Review
Code Enforcement Officer
Overtime

ALL INCLUSIVE FEE/ HOURLY RATES
FY 23-24
70% of City's Building Plan Check Fees
55% of City's Building Plan Check Fees
95% of City's Building Plan Check Fees
$184
$153
$117
$149
$120
$80
$153
$153
$122
$125

1.5 X Hourly Rate
Civil engineering plan review forsite/foundation drainage $220 All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, and office expenses.

Should the scope of work change or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding.

On July 1 of each year following the contract start year, CSG will initiate a rate increase based on the change in CPI for the applicable region.

CSG will invoice on a monthly basis for services rendered during the prior month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

Resolution 2023-058, authorizing the City Administrator to execute Change Orders No. 1 for the On-Call Tree Maintenance Services Contracts, in the combined amount of $33,236 for the remainder of Fiscal Year 2022/23, and Resolution 2023-059 for Change Orders No. 2 for Fiscal Year 2023/24, in the combined amount of $525,000, contingent upon Council approval of the FY 2023/34 Forestry Operating Budget RECOMMENDATION:

Adopt Resolution 2023-058, authorizing the City Administrator to execute Change Orders No. 1 for the OnCall Tree Maintenance Services Contracts, in the combined amount of $33,236 for the remainder of Fiscal Year 2022/23, and Resolution 2023-059 for Change Orders No. 2 for Fiscal Year 2023/24, in the combined amount of $525,000, contingent upon Council approval of the FY 2023/34 Forestry Operating Budget.

BACKGROUND/SUMMARY:

Change Orders No. 1:

In March 2023, Council adopted Resolution 2023-028 awarding 3-year, On-Call Tree Maintenance Service Contracts to Community Tree Service (CTS), Tope’s Tree Service (Tope’s), and West Coast Arborists (WCA), in the amounts of $30,000, $60,000, and $60,000, respectively, for the remainder of Fiscal Year (FY) 2022/23.

A succession of unprecedented storms throughout March resulted in the Public Works/Forestry Division contracting out a multitude of urgent tree removals and debris cleanup task orders.

Collectively, the Contracts’ combined authorization limit of $150,000 was exceed by $33,236. Specifically, Community Tree Service’s $30,000 contract was exceeded by $39,977, and West Coast Arborists’ $60,000 contract was exceeded by $7,647, but only $45,611.50 of Tope’s Tree Service’s $60,000 contract was expended.

Tree
Contractor
Original Contract
Amount
Total Expended in
FY 2022/23
Change Order
No. 1
CTS $30,000 $69,977 $39,977
Topes 60,000 45,612 -14,388
WCA 60,000 67,647 7,647
Total/Net $150,000 $183,236 $33,236
Change Orders No. 2:

The On-Call Tree Maintenance Service Contracts were drafted to provide funding up to $300,000 total for each of the next three fiscal years. Based on the winter storms this year, the operating budget for forestry contractual services will be increased for FY 2023/24. Specifically, the Forestry Operating Budget for contractual services increased from $610,046 in the amended FY 2022/23 budget to $941,500 for FY 2023/24 (subject to budget approval on June 6, 2023).

The $941,500 budget is predominantly to cover tree and landscape maintenance services. For tree care services, $275,000 is earmarked for tree removals and pruning, $125,000 for emergency response, $113,500 for stump removals, plantings, and watering, and $125,000 for other arborists and consulting services, for a total budget of $638,500.

Proposed Change Orders No. 2 would allocate $175,000 each to Community Tree Service, Tope’s Tree Service, and West Coast Arborists, for a total amount of $525,000. This would leave a balance for other contractors and consultants for various other projects.

FISCAL IMPACT:

For Change Orders No. 1, the net cost of these Change Orders is $33,236. With these Changes Orders, the total cost of these Contracts is $183,236 for FY 2022/23. Sufficient funding is available in the Forestry Contractual Services Account #101-118-45-42001 to cover this amount.

For Change Orders No. 2, the total amount will be $525,000, which will be available at the start of the new FY 2023/24 under Account #101-118-45-42001.

PRIOR CITY COUNCIL ACTION:

In March 2023, Council approved Resolution 2023-028, awarding On-Call Tree Maintenance Service Contracts to Community Tree Service, Tope’s Tree Service, and West Coast Arborists of $30,000, $60,000, and $60,000, respectively, for the remainder of FY 2022/23.

ATTACHMENTS:

Attachment 1) Resolution 2023-058
Attachment 2) Resolution 2023-059

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-058

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE CHANGE ORDERS NO. 1 FOR

THE ON-CALL TREE MAINTENANCE SERVICE CONTRACTS, IN THE COMBINED AMOUNT OF $33,236 FOR THE REMAINDER OF FISCAL YEAR 2022/23
WHEREAS, prior on-call contracts with tree care contractors expired on June 30, 2022, after which, bidding documents and technical specifications were updated by Public Works and extensively advertised for bids; and
WHEREAS, the lowest responsive, responsible bid proposals were submitted by Community Tree Service, Tope’s Tree Service, and West Coast Arborists; and WHEREAS, in March 2023, Council awarded three year, on-call tree maintenance service contracts to Community Tree Service, Tope’s Tree Service, and West Coast Arborists, in the amounts of $30,000, $60,000, and $60,000 respectively, for the remainder of Fiscal Year 2022/23; and
WHEREAS, in March of 2023, a succession of unprecedented storms resulted in the Public Works/Forestry Division contracting out a multitude of urgent tree removals and debris cleanup task orders, exceeding the $150,000 combined contract amounts by $33,236; and WHEREAS, Change Orders No. 1 to these contracts are required to cover the additional costs, and sufficient funding is available in the Forestry Contractual Services budget.

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 Change Orders No. 1 to the On-Call Tree Maintenance Services Contracts for the remainder of Fiscal Year 2022/23 as follows:
 Community Tree Service – An increase of $39,977
 Tope’s Tree Service – A decrease of $14,388
 West Coast Arborists – An increase of $7,647
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6 th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Attachment 1
Resolution No. 2023-058

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-059

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE CHANGE ORDERS NO. 2 FOR

THE ON-CALL TREE MAINTENANCE SERVICE CONTRACTS, IN THE COMBINED AMOUNT OF $525,000, FOR FISCAL YEAR 2023/24
WHEREAS, in March 2023, Council awarded three year, on-call tree maintenance service contracts to Community Tree Service, Tope’s Tree Service, and West Coast Arborists, in the amounts of $30,000, $60,000, and $60,000 respectively, for the remainder of Fiscal Year 2022/23; and
WHEREAS, in June 2023, as a result of a succession of unprecedented storms in March, Council authorized Change Orders No. 1 to these contracts for a net increase of $33,236; and
WHEREAS, these on-call contracts were drafted to provide funding up to $300,000 total for each of the next three fiscal years; however, as a result of the storms and backlog of treerelated services, the proposed Forestry operating budget for contractual services for Fiscal Year 2023/24 increased substantially; and
WHEREAS, Change Orders No. 2 to these contracts will provide funding in the amount of $175,000 to each contractor for Fiscal Year 2023/24, for a total combined amount of $525,000, contingent upon Council adoption of the Fiscal Year 2023/24 Budget.

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 Change Orders No. 2 to the On-Call Tree Maintenance Services Contracts for Fiscal Year 2023/24 as follows:
 Community Tree Service – An increase of 175,000
 Tope’s Tree Service – An increase of $175,000
 West Coast Arborists – An increase of $175,000
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6 th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

Attachment 2
Resolution No. 2023-059

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 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 2023-060 authorizing the City Administrator to execute a Professional Services Agreement with Ono Consulting, LLC to provide on-call arborist services for a not-toexceed fee of $100,000 and a term expiring on June 30, 2025 RECOMMENDATION:

Adopt Resolution 2023-060 authorizing the City Administrator to execute a Professional Services Agreement with Ono Consulting, LLC to provide on-call arborist services for a not-to-exceed fee of $100,000 and a term expiring on June 30, 2025.

BACKGROUND/SUMMARY:

Following the former City Forester’s departure in February 2023, Justin Ono of Ono Consulting, LLC has provided consulting Arborist services for the City and continues to do so. As a local, ISA-certified Master Arborist, Mr. Ono has conducted tree condition inspections, site assessments, written reports for the Forest and Beach Commission, processed tree permit applications, and performed other forestry-related services for the Public Works Department’s Forestry Division.

Mr. Ono also played an integral role during and following a succession of unprecedented storms in March 2023. Although Mr. Ono has subsequently been working only on a part-time basis, the current Purchase Order for Ono Consulting is quickly reaching its limit of $24,999. Thus, per Carmel Municipal Code Section

3.12.110, Council approval is required to award a contract in excess of this amount.

As shown in Attachment #2, a Professional Services Agreement was prepared with Ono Consulting for continued on-call, as needed arborist services. The Agreement would take effect immediately with a budget of $30,000 for the balance of Fiscal Year 2022/23, and extend through Fiscal Years 2023/24 and 2024/25 if needed. The not-to-exceed fee for the duration of the Agreement is $100,000.

Not only are these services needed to continue uninterrupted with the City’s recovery from the March storms, but this Agreement would also be in place until a new City Forester is hired. In addition, on-call services would allow the Forestry Division to be prepared in advance if additional arborist services are required to support the new City Forester.

FISCAL IMPACT:

The not-to-exceed fee for this Professional Services Agreement is $100,000. The budget for the balance of Fiscal Year 2022/23 will be $30,000, and sufficient funding is available in the Forestry operating budget’s Contract Services account, 101-119-45-42001.

The budgets for Fiscal Years 2023/24 and 2024/25 for these services, if any, would also be funded from the same account in those subsequent fiscal years.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) Resolution 2023-060
Attachment 2) Professional Services Agreement with Ono Consulting

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-000

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH ONO CONSULTING, LLC TO PROVIDE ON-CALL ARBORIST SERVICES FOR A NOT-TO-EXCEED FEE OF $100,000 AND A TERM EXPIRING ON JUNE 30, 2025
WHEREAS, consulting arborist services for the City’s Public Works Department’s Forestry Division has been performed by Justin Ono of Ono Consulting, LLC on a part-time basis since February 2023 following the departure of the former City Forester; and WHEREAS, Ono Consulting played an integral role during and following the unprecedented storms in March 2023; and
WHEREAS, per limits set forth in the Carmel Municipal Code Section 3.12.110, Council approval is required for contracts above $24,999, the limit to which the Purchase Order for Ono Consulting is approaching as of the month of May 2023; and WHEREAS, a Professional Services Agreement was prepared with Ono Consulting for continued, on-call, as-needed arborist services, for a not-to-exceed fee of $100,000 and a term expiring on June 30, 2025; and
WHEREAS, a budget of $30,000 for the balance of Fiscal Year 2022/23 will be funded from the Public Works/Forestry operating budget for contractual services, and budgets for subsequent Fiscal Years, if any, will be contingent upon Council approval of those subsequent year operating budgets.

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

Authorize the City Administrator to execute a Professional Services Agreement with Ono Consulting, LLC to provide on-call arborist services for a not-to-exceed fee of $100,000 and a term expiring on June 30, 2025.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 6th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 1
Resolution No. 2023-000

APPROVED: ATTEST:
_________________ _________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for
On-Call Arborist Consultant Services
Agreement # PW-ONO-23-24
THIS AGREEMENT is executed this ____ day of June, 2023, by and between the City of Carmel-ByThe-Sea, a municipal corporation, (hereinafter "City"), and Ono Consulting, LLC, (hereinafter "Consultant"), collectively referred to herein as the “parties”.

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

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

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

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

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

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

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

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

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

2. COMPENSATION
A. Total Fee. Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Key Personnel, Compensation, and Fee Schedule (Exhibit “B”), in a total amount not-to-exceed one hundred thousand dollars ($100,000). Such compensation is the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.

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

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

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

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

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

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

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

C. Adjustment of Maximum Authorized Expenditure. The City may increase or decrease the Maximum Authorized Expenditure by issuing a Change Order to the Agreement in accordance with Section 1.B “Change Orders” above. Should Consultant consider that any request or instruction from the City’s Project Representative constitutes a change in the scope of services, Consultant will advise the City’s Project Representative, in writing, within fourteen (14) calendar Attachment 2
5 days of such request or instruction. Without said written advice within the time period specified, the City is not obligated to make any payment of additional compensation to Consultant.

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

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

F. Audit and Examination of Accounts:
i. Consultant must keep and will cause any assignee or subconsultant under this Agreement to keep accurate books of records and accounts, in accordance with sound accounting principles, which pertain to services to be performed under this Agreement. ii. Any audit conducted of books of records and accounts must be kept in accordance with generally accepted professional standards and guidelines for auditing. iii. Consultant must disclose and make available any and all information, reports, books of records or accounts pertaining to this Agreement to the City and any city of the County of Monterey, or other federal, state, regional or governmental agency which provides funding for these Services.
iv. Consultant must include the requirements of Section 2F, “Audit and Examination of Accounts,” in all contracts with assignees or subconsultants under this Agreement. v. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.

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

3. AGREEMENT TERM
A. Term. The work under this Agreement will commence by 05/01/2023 and must be completed by 06/30/2025 unless sooner terminated or the City grants an extension of time in writing Attachment 2
6 pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders),” in a timely manner or in accordance with the agreed upon Change Order Project Schedule.

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

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

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

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

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

C. Sub-agreements with Subconsultants. Consultant will incorporate the terms and conditions of this Agreement into all sub-agreements with subconsultants in respect of the Services necessary Attachment 2
7 to preserve all rights of the City under this Agreement. Consultant is fully responsible to the City of all acts and omissions of subconsultants and of persons employed by any subconsultant.

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

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

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

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

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

Name: Thomas C. Ford
Title: Administrative Analyst
Address: PO Box CC, Carmel-by-the-Sea, CA 93921
Telephone: (831) 427-7673
Email: [email protected]
B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: Justin Ono
Title: ISA-Certified Arborist
Company: Ono Consulting, LLC
Address: Ono Consulting, PO Box 508, Pacific Grove, CA 93950 Telephone: (831) 402-2959
Email: [email protected]
Attachment 2
8 C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

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

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

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

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

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

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

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

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

Attachment 2
9 C. Automobile Liability Insurance covering all automobiles, including owned, leased, non-owned, and hired automobiles, used in providing Services under this Agreement, with a combined single limit of not less than $1,000,000 per occurrence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attachment 2
14 B. Negotiations. First, the City’s Project Representative and Consultant’s Project Manager will make reasonable efforts to resolve any Dispute by amicable negotiations and will provide frank, candid, and timely disclosure of all relevant facts, information, and documents to facilitate negotiations. Should these negotiations be unsuccessful in resolving the Dispute, the matter will be promptly referred to the City Administrator or designee, and the Consultant’s Principal, who will meet and confer, in good faith, to resolve the Dispute to mutual satisfaction of the parties.

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

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

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

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

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

C. Steps after Termination:
i. Upon termination of this Agreement by the City for any reason, the City will pay Consultant for satisfactorily performed Services and disbursements incurred by Consultant to the date of termination pursuant to this Agreement, less any amounts necessary to compensate the City for damages or costs incurred by the City arising from Consultant’s default. Termination will be without prejudice to any other rights or remedies the City may have.
ii. Upon receipt of written notice of termination of this Agreement by the City for any reason, Consultant must:
a. Promptly cease all Services, including Services provided by any subconsultant, unless otherwise directed by the City; and
b. Deliver to the City all the Materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such Materials are to be delivered to the City in completed form; however, notwithstanding the provisions of Section 10, Ownership and Use of Materials, herein, the City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such Materials.
iii. If this Agreement is terminated by the City for any reason, the City is hereby expressly permitted to assume the projects and Services, and to complete them by any means including, but not limited to, an agreement with another party.

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

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

Attachment 2
16 C. If any legal action or proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party may recover reasonable attorneys’ fees as may be determined by the Arbitrator, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

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

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

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

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

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

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

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

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

Attachment 2
17 I. Authority. Any individual executing this Agreement on behalf of the City or Consultant represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

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

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

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

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

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

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

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

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

CITY OF CARMEL-BY-THE-SEA CONSULTANT
City Administrator Consultant Signature
Chip Rerig Date Printed Name Date
Title
Consultant Legal Company Name
APPROVED AS TO FORM:

Attachment 2
18 By: _______________________________ Date: ______________________ Brian Pierik, Esq., City Attorney
ATTEST:

By: _________________________________ Date: ______________________ Nova Romero, MMC, City Clerk
EXHIBIT “A” – SCOPE OF SERVICES
EXHIBIT “B” – KEY PERSONNEL, COMPENSATION, AND FEE SCHEDULE Attachment 2
19 EXHIBIT A:

SCOPE OF SERVICES

1. DESCRIPTION
Consultant may be asked to review and facilitate tree permit applications, conduct tree inspections, write reports, enter data and assessment information, conduct Landscape Design Reviews, perform Site Assessments for Planning and Building applications, provide guidance related to tree planting and watering, and review City tree ordinances.

2. TASK SCHEDULES
As an On-Call arborist, Consultant may be expected to provide urgent/timely response for public safety-related situations. Other services shall be completed by Consultant per a mutually-agreed upon schedule or duration

3. TASK DESCRIPTIONS
 Task 1. Consultant will review and facilitate tree permit applications. This consists of utilizing the City’s permitting information system, collecting Site Maps, and performing inspections throughout the City on public and private property. Permits shall be completed thoroughly, including a brief description of the reason for approval or denial. Consultant communicates results to residents and files corresponding documentation accordingly.  Task 2. Consultant will conduct tree inspections for both public and private trees.

Documentation of inspections shall be provided by Consultant to the City and/or entered into digital program for record-keeping.
 Task 3. Consultant will write reports for the Forest and Beach Commission and City Council pertaining to Forestry-related matters. Reports shall include photos, comprehensive analysis, findings, and recommendations.
 Task 4. Consultant shall enter data relating to tree assessments and all work performed for the City.
 Task 5. Consultant shall conduct Landscape Design Reviews.  Task 6. Consultant will perform Site Assessments for Planning and Building applications.  Task 7. Consultant shall provide guidance related to tree planting and watering.  Task 8. Consultant will review City tree ordinances for the purpose of providing guidance for the improvement of City policies, guidelines, and practices to reflect a coherent tree strategy and management.

Attachment 2
20 EXHIBIT B:

KEY PERSONNEL, COMPENSATION, AND FEE SCHEDULE
Key Personnel Fully-Burdened Hourly Rates
05/01/2023 to
12/31/2023
01/01/2024 to
12/31/2024
01/01/2025 to
06/30/2025
Justin Ono, ISA
Certified Arborist
$160 $175 $190
Frank Ono, ISA
Certified Arborist
$160 $175 $190
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

Resolution 2023-061 amending the professional services agreement with Clifton Larsen Allen, LLP (CLA) to increase the not-to-exceed contract value by Thirty Thousand One Hundred and One Dollars ($30,101.00) to Fifty-Five Thousand One Hundred Dollars ($55,100.00)
RECOMMENDATION:

Adopt Resolution 2023-061 amending the professional services agreement with Clifton Larsen Allen, LLP (CLA) to increase the not-to-exceed contract value by Thirty Thousand One Hundred and One Dollars ($30,101.00) to Fifty-Five Thousand One Hundred Dollars ($55,100.00).

BACKGROUND/SUMMARY:

The City utilizes a variety of consultants to augment its staffing capacity, especially to provide specialized services such as the facilitation of financial data gathering and coordination as support to City staff during the drafting process of the City’s FY 2023/2024 operational budget. At the beginning of this process, the City entered into an agreement with CLA on April 3, 2023 for specialized financial services support to staff throughout the budget drafting process for a not-to-exceed amount of Twenty-Four Thousand Nine Hundred and Ninety-Nine Dollars ($24,999.00). Continued services will be needed to support City staff in the completion of the FY2023/2024 operating budget drafting process.

Council is being asked to consider authorizing the City Administrator to execute Amendment 1 (Attachment 2) to the existing agreement with CLA that will increase its value by an additional Thirty Thousand One Hundred and One Dollars ($30,101.00) for a new not-to-exceed amount of Fifty-Five Thousand One Hundred Dollars ($55,100.00).

FISCAL IMPACT:

The funds will be absorbed in the FY22-23 budget to cover this Agreement increase.

PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:

Attachment 1) Resolution 2023-061
Attachment 2) Contract Amendment No. 1 - CLA
Attachment 3) CLA Original Agreement

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-061

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO. 1 TO THE

PROFESSIONAL SERVICES AGREEMENT WITH CLIFTONLARSENALLEN, LLP (CLA) FOR

CONSULTING SERVICES FOR A NEW NOT-TO-EXCEED AMOUNT OF FIFTY-FIVE THOUSAND ONE HUNDRED DOLLARS ($55,100.00)
WHEREAS, on April 3, 2023, the City Administrator entered into a Professional Services Agreement (PSA) with CLA to work with City staff in facilitating financial data gathering and coordination for the drafting of the City’s FY 2023/2024 operational budget in the amount of TwentyFour Thousand Nine Hundred and Ninety-Nine Dollars ($24,999.00); and

WHEREAS, due to the scope and complexity of the work, additional consulting services are necessary for the drafting of the City’s FY 2023/2024 operational budget; and WHEREAS, the funding beyond the original Professional Services Agreement will be exceeded for continued services; and
WHEREAS, the Carmel-by-the-Sea Municipal Code requires contracts exceeding TwentyFour Thousand Nine Hundred and Ninety-Nine Dollars ($24,999.00) to be entered into only by Council authorization.

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

Authorize the City Administrator to execute Amendment No.1 to the Professional Services Agreement with CLA, LLP, for continued consulting services resulting in an additional amount of Thirty Thousand One Hundred and One Dollars ($30,101.00) for a new not-to-exceed amount of FiftyFive Thousand One Hundred Dollars ($55,100.00).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
AMENDMENT NO. 1
AGREEMENT NUMBER ADM-CLA-101-22-23
Facilitation of City’s Data Gathering and Coordination for Draft Operational Budget

1. This amendment (the "Amendment") is made by City of Carmel-by-the-Sea and CliftonLarsonAllen LLP (CLA) (“Consultant”), parties to agreement #ADM-CLA-101-22-23 (the "Agreement") executed on April 3, 2023.

2. The Agreement is amended as follows:
a. Section “4. Fees” of the Agreement is amended and restated as follows:

The professional fees for services rendered for the scope of services described in this SOW [Statement of Work] will be billed at a rate of $185 per hour for actual time spent. We [Consultant] will also add a technology and client support fee of five percent (5%) of all professional fees billed. Fees will not exceed Fifty-Five Thousand One Hundred Dollars ($55,100.00) without written authorization from the City.

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.

CONSULTANT:

By: _____________________________ Date: ______________________ Heather Lyons,
Northern California Client Leader
CITY:

By: _____________________________ Date: ___________________ Chip Rerig, City Administrator
Attachment 2
ATTEST:

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

CliftonLarsonAllen LLP
https://www.claconnect.com
Master Services Agreement
City of Carmel-by-the-Sea
P.O. Box CC
Carmel-by-the-Sea, CA 93921
MSA Date: March 31, 2023
This master service agreement (“MSA”) documents the terms, objectives, and the nature and limitations of the services CliftonLarsonAllen LLP (“CLA,” “we,” “us,” and “our”) will provide for City of Carmel-bythe-Sea (“you,” or “your”). The terms of this MSA will apply to the initial and any subsequent statement of work (“SOW”), unless the MSA is changed in a communication that you and CLA both sign or is terminated as permitted herein.

1. Scope of Professional Services
CLA will provide services as described in one or more SOW that will reference this MSA. The SOW will describe the scope of professional services; the nature, limitations, and responsibilities related to the specific services CLA will provide; and the fees for such services.

If modifications or changes are required during CLA’s performance of requested services, or if you request that we perform any additional services, we will provide you with a separate SOW for your signature. Such SOW will advise you of the additional fee and time required for such services to facilitate a clear understanding of the services.

Our services cannot be relied upon to disclose all errors, fraud, or noncompliance with laws and regulations. Except as described in the scope of professional services section of this MSA or any applicable SOW, we have no responsibility to identify and communicate deficiencies in your internal controls as part of any services.

2. Management responsibilities
You acknowledge and understand that our role is to provide the services identified in an SOW and that management, and any other parties engaging CLA, have responsibilities that are fundamental to our undertaking to perform the identified services, including providing timely access to records and information.

3. Fees and terms
DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

See the applicable SOW for the fees for the services.

Work may be suspended if your account becomes 60 days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagements will be deemed to have been completed even if we have not completed the services.

You will be obligated to compensate us for all time expended and to reimburse us for all out-ofpocket expenditures through the date of termination.

Payments may be made utilizing checks, Bill.com, your online banking platform, CLA’s electronic payment platform, or any other client initiated payment method approved by CLA. CLA’s electronic online bill pay platform claconnect.com/billpay accepts credit card and Automated Clearing House (ACH) payments. Instructions for you to make direct bank to bank wire transfers or ACH payments will be provided upon request.

4. Other Fees
You agree to compensate us for reasonable time and expenses, including time and expenses of outside legal counsel, we may incur in responding to a subpoena, a formal third-party request for records or information, or participating in a deposition or any other legal, regulatory, or other proceeding relating to services we provide pursuant to a SOW.

5. Finance charges and collection expenses
You agree that if any statement is not paid within 30 days from its billing date, the unpaid balance shall accrue interest at the monthly rate of one and one-quarter percent (1.25%), which is an annual percentage rate of 15%. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable.

6. Dispute Resolution
Any disagreement, controversy, or claim (“Dispute”) that may arise out of any aspect of our services or relationship with you shall be submitted to non-binding mediation by written notice (“Mediation Notice”) to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator.

The mediation will be conducted as specified by the mediator and agreed upon by the parties (i.e., you and CLA). The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute.

Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties.

7. Limitation of remedies
These limitation of remedies provisions are not applicable for any audit or examination services provided to you.

Our role is strictly limited to the services described in an SOW, and we offer no assurance as to the results or ultimate outcomes of any services or of any decisions that you may make based on our DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

communications with you. You agree that it is appropriate to limit the liability of CLA, its partners, principals, directors, officers, employees, and agents (each a “CLA party”).

You further agree that you will not hold CLA or any other CLA party liable for any claim, cost, or damage, whether based on warranty, tort, contract, or other law, arising from or related to this MSA, the services provided under an SOW, the work product, or for any plans, actions, or results of an SOW, except to the extent authorized by this MSA. In no event shall any CLA party be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, or for loss of profits or loss of goodwill, costs, or attorney fees.

The exclusive remedy available to you shall be the right to pursue claims for actual damages that are directly caused by acts or omissions that are breaches by a CLA party of our duties owed under this MSA and the specific SOW thereunder, but any recovery on any such claims shall not exceed the fees actually paid by you to CLA pursuant to the SOW that gives rise to the claim.

8. Time limitations
The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and fairly establishes the facts underlying any dispute that may arise between you and any CLA party. The parties (you and CLA) agree that, notwithstanding any statute or law of limitations that might otherwise apply to a dispute, including one arising out of this MSA or the services performed under an SOW, for breach of contract or fiduciary duty, tort, fraud, misrepresentation or any other cause of action or remedy, any action or legal proceeding by you against any CLA party must be commenced as provided below, or you shall be forever barred from commencing a lawsuit or obtaining any legal or equitable relief or recovery. An action to recover on a dispute shall be commenced within these periods (“Limitation Period”), which vary based on the services provided, and may be modified as described in the following paragraph:

Service Time after the date we deliver the services or work product*
Examination, compilation, and preparation services
related to prospective financial statements
12 months
Audit, review, examination, agreed-upon procedures,
compilation, and preparation services other than those
related to prospective financial information
24 months
All Other Services 12 months
* pursuant to the SOW on which the dispute is based
If the MSA is terminated or your ongoing relationship with CLA is terminated, then the applicable DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

Limitation Period is the lesser of the above periods or 12 months after termination of MSA or your ongoing relationship with CLA. The applicable Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not become aware of the existence or possible existence of a dispute.

9. Confidentiality
Except as permitted by the “Consent” section of this MSA, CLA will not disclose any of your confidential, proprietary, or privileged information to any person or party, unless you authorize us to do so, it is published or released by you, it becomes publicly known or available other than through disclosure by us, or disclosure is required by law, regulation or professional standard. This confidentiality provision does not prohibit us from disclosing your information to one or more of our affiliated companies in order to provide services that you have requested from us or from any such affiliated company. Any such affiliated company shall be subject to the same restrictions on the use and disclosure of your information as apply to us. You also consent to our disclosure of information regarding the nature of services we provide to you to another independent network member of CLA Global, for the limited purpose of complying with professional obligations regarding independence and conflicts of interest.

The Internal Revenue Code contains a limited privilege for confidentiality of tax advice between you and our firm. In addition, the laws of some states likewise recognize a confidentiality privilege for some accountant-client communications. You understand that CLA makes no representation, warranty or promise, and offers no opinion with respect to the applicability of any confidentiality privilege to any information supplied or communications you have with us, and, to the extent that we follow instructions from you to withhold such information or communications in the face of a request from a third party (including a subpoena, summons or discovery demand in litigation), you agree to hold CLA harmless should the privilege be determined not to apply to particular information or communications.

The workpapers and files supporting the services we perform are the sole and exclusive property of CLA and constitute confidential and proprietary information. We do not provide access to our workpapers and files to you or anyone else in the normal course of business. Unless required by law or regulation to the contrary, we retain our workpapers and files in accordance with our record retention policy that typically provides for a retention period of seven years. After this period expires, our workpapers and files will be destroyed. Furthermore, physical deterioration or catastrophic events may shorten the time our records are available. The workpapers and files of our firm are not a substitute for your records.

Pursuant to authority given by law, regulation or professional standards we may be requested to make certain workpapers and files available to a regulator for its regulatory oversight purposes. We will notify you of any such request, if permitted by law. Access to the requested workpapers and files will be provided to the regulator under the supervision of CLA personnel and at a location designated by our firm. Furthermore, upon request, we may provide copies of selected workpapers and files to such regulator. The regulator may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

10. Other provisions
You agree that CLA will not be assuming any fiduciary responsibility on your behalf during the course of this MSA, except as may be assumed in an SOW.

CLA may, at times, utilize external web applications to receive and process information from our clients; however, any sensitive data, including protected health information and personally identifiable information, must be redacted by you to the maximum extent possible prior to uploading the document or file. In the event that you are unable to remove or obscure all sensitive data, please contact us to discuss other potential options for transmitting the document or file.

CLA and certain owners of CLA are licensed by the California State Board of Accountancy. However, CLA has owners not licensed by the California State Board of Accountancy who may provide services under this MSA. If you have any questions regarding licensure of the personnel performing services under this MSA, please do not hesitate to contact us.

During the course of the engagement, there may be communication via fax or email. You are responsible to ensure that communications received by you or your personnel are secured and not shared with unauthorized individuals.

Unless authorized by law or the client consents, we cannot use a client’s tax return information for purposes other than the preparation and filing of the client’s tax return. By signing and dating this MSA, you authorize CLA to use any and all information furnished to CLA for or in connection with the preparation of the tax returns under this MSA, for a period of up to six (6) years from the date of this MSA, in connection with CLA’s preparation of the types of reports described in the foregoing paragraph.

11. Subcontractors
CLA may, at times, use subcontractors to perform services under this MSA, and they may have access to your information and records. Any such subcontractors will be subject to the same restrictions on the use of such information and records as apply to CLA under this MSA.

12. Technology
CLA may, at times, use third-party software applications to perform services under this MSA. You acknowledge the software vendor may have access to your data.

13. Termination of MSA
This MSA shall continue for six months from March 31, 2023, unless terminated earlier by giving appropriate notice. Additionally, no individual assigned by CLA will exceed 1,000 hours worked on the engagement. Either party may terminate this MSA at any time by giving 30 days written notice to the other party.

Upon termination of the MSA, the provisions of this MSA shall continue to apply to all services rendered prior to termination.

14. Agreement
DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

We appreciate the opportunity to be of service to you and believe this MSA accurately summarizes the significant terms of our relationship. This MSA, along with the applicable addendum(s) and SOW(s), constitute the entire agreement regarding services to be performed and supersedes all prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA. If you have any questions, please let us know. If you agree with the terms of our relationship as described in this MSA, please sign, date, and return.

CliftonLarsonAllen LLP
Doug Watson
Principal
425-246-8708
[email protected]
DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

Response:

This MSA correctly sets forth the understanding of City of Carmel-by-the-Sea.

CLA
CliftonLarsonAllen LLP
_________________
Doug Watson, Principal
Client
City of Carmel-by-the-Sea
_________________
Chip Rerig, City Administrator
DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

CliftonLarsonAllen LLP
https://www.claconnect.com
Outsourcing Statement of Work
Date: March 31, 2023
This agreement constitutes a Statement of Work (“SOW”) to the Master Service Agreement (“MSA”) made by and between CliftonLarsonAllen LLP (“CLA,” “we,” “us,” and “our”) and City of Carmel-by-the-Sea (“you” and “your”) dated March 31, 2023 or any superseding MSA. The purpose of this SOW is to outline certain services you wish us to perform in connection with that agreement.

1. Scope of professional services
CLA will provide the following limited services under the direction of management. ● Facilitate the City's data gathering process for drafting the operational budget using City processes, templates, and inputs from management for any financial or cash related decisions. All key budgetary inputs, assumptions, and decisions will be reviewed and approved by management. We will use CLA employees to perform consulting services for the City.
● Coordinate with various City departments on budget inputs. Provide the draft budget to management for input and approval.
● As time permits, develop budgetary process improvements and recommendations in connection with project work performed.
● CLA and the City understand and agree that CLA’s services shall be limited to the completion of this short-term budget project which has an anticipated completion within three months.
● CLA and the City understand and agree that CLA will not perform any tax consulting and/or tax return preparation services.

2. Engagement limitations and responsibilities
For all nonattest services we may provide to you, your management agrees to assume all management responsibilities; oversee the services by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience to understand and oversee the services; evaluate the adequacy and results of the services; and accept responsibility for the results of the services. Your management is also responsible for ensuring that your data and records are complete and that you have received sufficient information to oversee the services.

DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

We will perform this engagement in accordance with the Statement on Standards for Consulting Services issued by the American Institute of Certified Public Accountants (AICPA) and comply with the AICPA’s Code of Professional Conduct, including the ethical principles of integrity, objectivity, professional competence, and due care.

Our engagement cannot be relied upon to identify or disclose any financial statement misstatements, including those caused by fraud or error, or to identify or disclose any wrongdoing within the entity or noncompliance with laws and regulations. We have no responsibility to identify and communicate deficiencies in your internal control as part of this engagement. You agree that we shall not be responsible for any misstatements in the entity’s financial statements that may not be identified as a result of misrepresentations made to us by you.

In performing services for the City, CLA's relationship with you shall be solely that of an independent contractor and nothing in the MSA or a SOW shall be construed to create or imply any relationship of employment, agency, partnership, joint venture, or any relationship other than an independent contractor.

CLA understands and agrees that neither CLA nor any of CLA’s employees, agents, consultants, or subcontractors shall be considered officers, employees, or agents for the City, and are therefore not entitled to benefits of any kind or nature that are normally provided employees of the City or to which the City’s employees are normally entitled. CLA shall perform the services and obligations under the MSA and SOW according to CLA’s own employees which shall be in the exclusive charge and under control of CLA, and which shall not be subject to control or supervision by the City, except as to the results of the services.

3. Schedule
We expect that your needs will require approximately 40 hours of services per week starting March 31, 2023.

As the engagement progresses, we will update time estimates and engage you in conversation about the project status. If possible, we request a two-week advance notice of your intent to release the consultant back to CLA to ensure adequate time to re-schedule the consultant to another engagement. Additionally, no individual assigned by CLA will exceed 1,000 hours or six months worked on the engagement.

4. Fees
The professional fees for services rendered for the scope of services described in this SOW will be billed at a rate of $185 per hour for actual time spent. We will also add a technology and client support fee of five percent (5%) of all professional fees billed. Fees will not exceed $24,999 without written authorization from the City.

Fees for travel time will be billed at the normal hourly rate. We will also bill you in arrears for reimbursement of any out-of-pocket travel expenses incurred (e.g., hotel, airfare, meals as actual or per diem, etc.) on a pass-through basis.

Should the duration of this engagement go beyond 3 months or the scope of services change, CLA retains the right to discuss an hourly rate adjustment.

Fees, plus applicable state and local taxes, will be billed twice per month in arrears, due upon receipt.

DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

5. Consultant
Heather Lyons is responsible for the services identified in this agreement. Kelly Hillburn will be your consultant on this engagement.

6. Non-Solicitation
You agree that during the term and for a period of one year after the expiration or termination date of the MSA, you will not solicit, hire, contract with, or engage the services of any person providing services to you on behalf of CLA without the prior written consent of CLA. If you breach this nonsolicitation provision, you shall pay $125,000 to CLA as liquidated damages within two weeks of the date on which the former CLA employee or consultant begins his or her new employment with you.

7. Agreement
We appreciate the opportunity to provide the services described in this SOW under the MSA. All terms and provisions of the MSA shall apply to these services. If you agree with the terms of this SOW, please sign below and return a signed copy to us to indicate your acknowledgment and understanding of, and agreement with, this SOW.

CliftonLarsonAllen LLP
Heather Lyons
Northern California Client Leader
916-266-8448
[email protected]
Response
This SOW correctly sets forth the understanding of City of Carmel-by-the-Sea and is accepted by:

DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3

CLA
CliftonLarsonAllen LLP
_________________
Heather Lyons, Northern California Client Leader
Client
City of Carmel-by-the-Sea
_________________
Chip Rerig, City Administrator
DocuSign Envelope ID: E6109EE8-92E7-4877-8F3A-DC38F5ED0694 Attachment 3
Certificate Of Completion
Envelope Id: E6109EE892E748778F3ADC38F5ED0694 Status: Completed Subject: CLA DocuSign: Master Services Agreement_3-31-23.docx, Outsourcing Statement of Work_3...

Client Name: City of Carmel
Client Number: A571052
Source Envelope:

Document Pages: 11 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Tamea Brinson
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
220 S 6th St Ste 300
Minneapolis, MN 55402-1418
[email protected]
IP Address: 47.227.246.124
Record Tracking
Status: Original
4/3/2023 1:00:57 PM
Holder: Tamea Brinson
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Doug Watson
[email protected]
Principal
CLA
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 136.226.54.166
Sent: 4/3/2023 1:08:51 PM
Viewed: 4/3/2023 1:10:22 PM
Signed: 4/3/2023 1:11:12 PM
Electronic Record and Signature Disclosure:

Accepted: 4/3/2023 1:10:22 PM
ID: ad1a2dd1-d6e6-4018-8446-2c3d0949c880
Chip Rerig
[email protected]
City Administrator
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 12.231.191.142
Sent: 4/3/2023 1:11:13 PM
Viewed: 4/3/2023 1:11:59 PM
Signed: 4/3/2023 1:12:11 PM
Electronic Record and Signature Disclosure:

Accepted: 4/3/2023 1:11:59 PM
ID: c238f4ba-ba07-4b63-83de-4a4bab4bf733
Heather Lyons
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 165.225.242.162
Sent: 4/3/2023 1:12:14 PM
Viewed: 4/3/2023 1:14:21 PM
Signed: 4/3/2023 1:15:32 PM
Electronic Record and Signature Disclosure:

Accepted: 4/3/2023 1:14:21 PM
ID: 4d02ccf4-d5bc-46bf-80e1-eb8dced100d5
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Attachment 3
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Maxine Gullo
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/3/2023 1:12:13 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/3/2023 1:08:51 PM
Certified Delivered Security Checked 4/3/2023 1:14:21 PM Signing Complete Security Checked 4/3/2023 1:15:32 PM
Completed Security Checked 4/3/2023 1:15:32 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Attachment 3

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, CliftonLarsonAllen LLP (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/12/2019 6:04:21 AM Parties agreed to: Doug Watson, Chip Rerig, Heather Lyons Attachment 3
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Attachment 3
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Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
June 6, 2023

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

Resolution 2023-062 confirming Councilmember appointments to the Litter Abatement Task Force, Coastwalk - California Coast Trail Association, and the Tor House Foundation
RECOMMENDATION:

Adopt Resolution 2023-062 confirming Councilmember appointments to the Litter Abatement Task Force, Coastwalk - California Coast Trail Association, and the Tor House Foundation.

BACKGROUND/SUMMARY:

In addition to their duties on the City Council, Councilmembers also serve as the City’s representatives to outside agencies. After each General Municipal Election, or whenever necessary, new appointments to outside agencies are made.

By adopting the attached Resolution, Council will ratify appointments to the following outside agencies:

Coastwalk - California Coast Trail Association (appointing Mayor Pro Tem Richards as representative) Litter Abatement Task Force (appointing Mayor Potter as representative) Tor House Foundation (appointing Councilmember Baron as representative) FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

The City Council routinely appoints members to outside agencies and made appointments to some or all of these agencies January 10, 2023.

ATTACHMENTS:

Attachment 1) Resolution 2023-062

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-062

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA CONFIRMING COUNCIL MEMBER APPOINTMENTS TO THE COASTWALK – CALIFORNIA COAST TRAIL

ASSOCIATION, LITTER ABATEMENT TASK FORCE, AND THE TOR HOUSE FOUNDATION WHEREAS, in addition to their duties on the City Council, Council Members serve as the City’s representatives to outside agencies; and
WHEREAS, following a General Municipal Election or whenever needed, it is appropriate to appoint or reappoint Council Members to these outside agency Boards and Committees.

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

Appoint the following individuals as City representatives to the following outside agencies:

Mayor Pro Tem Richards – Appointee for Coastwalk - California Coast Trail Association; and Mayor Potter – Appointee for the Litter Abatement Task Force; and Councilmember Baron – Appointee for the Tor House Foundation.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 6th day of June, 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
June 6, 2023

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

Resolution 2023-065 ratifying appointments to the Harrison Memorial Library Board of Trustees, and the Planning Commission
RECOMMENDATION:

Adopt Resolution 2023-065 ratifying appointments to the Harrison Memorial Library Board of Trustees, and the Planning Commission.

BACKGROUND/SUMMARY:

Background
The City of Carmel-by-the-Sea Boards and Commissions perform a valuable service to the City by providing means by which the City Council can obtain advice, opinions, and recommendations of City residents and other members of the community. Terms of office for board and commission members are 4 years, with the exception of the Harrison Memorial Library Board of Trustees who serve 3-year terms.

Vacancies occur on a rotating basis each year and the City recruits to fill these vacancies each March and April. Terms of the members shall be staggered so that at least one term, but no more than two terms, shall expire annually.

The City Clerk’s office advertised vacancies on the City’s boards and commissions pursuant to the California Maddy Act and the Council’s appointment policy. The application deadline was May 5, 2023, for the following seats:

Community Activities & Cultural Commission - two (2) seats (two commissioners with terms expiring 5/30/2023 - Linda Calafiore and Judy Refuerzo) Harrison Memorial Library Board of Trustees - three (3) seats (one commissioner with a term expiring 5/30/2023 - Susan Murphy, and two unscheduled vacancies - Don McDougall's vacated term ending 5/30/23, and Tara Twomey's vacated term ending 5/30/2024)
Planning Commission - one (1) seat
(One commissioner with a term expiring 5/30/2023 - Christopher Bolton) Building Code Board of Appeals - one (1) seat
(One unfilled vacancy)
Qualified applications for these positions were received from the following residents and are attached to this packet. Residency requirements were confirmed by the City Clerk using the GIS assessment database.

Community Activities & Cultural Commission
Melanie Chavez
Harrison Memorial Library Board of Trustees
Ann Rurke (not available for interview date on 5/17/2023) Marie-Clare Gorham
Mary Jo Williams
Melanie Chavez
Susan Murphy
Planning Commission
David O’Neil
Stephan Karapetkov
Christopher Bolton
Building Code Board of Appeals
None received
Recommendation
Mayor Potter and Mayor Pro Tem Richards comprised the Ad Hoc Committee and interviewed the applicants for the Board and Commission vacancies on May 17, 2023. The applicants demonstrated a strong commitment to service and a desire to serve the Carmel-by-the-Sea community. The Ad Hoc Committee is appreciative of all community members of diverse backgrounds and exceptional skill sets, who filled out an application and participated in the interview process.

After much deliberation, the following individuals have been identified as qualified and ideal candidates to fill the vacancies and are being recommended for appointment to the City's Boards and Commissions:

Harrison Memorial Library Board of Trustees
Marie-Clare Gorham - term ending May 30, 2024 (completing Twomey's vacated term) Mary Jo Williams - term ending May 30, 2026
Susan Murphy - term ending May 30, 2026
Planning Commission (Commissioners serve 4-year terms)
Stephan Karapetkov - term ending May 30, 2027
Next Steps
Only one application was received for the Community Activities Commission which has two vacancies, and no applications were received for the Building Commission Board of Appeals which has one unfilled vacancy. For this reason, the Ad Hoc Committee recommends that Council defer these appointments until a later date.

FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

The City Council annually ratifies appointments to vacancies occurring on the City's Commissions and Boards each year.

ATTACHMENTS:

Attachment 1) Resolution 2023-065
Attachment 2) Board and Commission Applications received

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-065

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

RATIFYING APPOINTMENTS TO THE HARRISON MEMORIAL LIBRARY BOARD OF

TRUSTEES AND THE PLANNING COMMISSION
WHEREAS, City Boards and Commission perform a valuable service to the City by providing means by which the City Council can obtain advice, opinions, and recommendations of City residents and other members of the community; and
WHEREAS, seven (7) vacancies exit on City Boards and Commissions, and there is a need to appoint members to these vacant positions for full terms; and WHEREAS, the Mayor and Mayor Pro Tempore comprised the Ad Hoc Committee and interviewed the applicants for the Board and Commission vacancies; and WHEREAS, the applicants demonstrated a strong commitment to service and a desire to serve the Carmel-by-the-Sea community; and
WHEREAS, the Ad Hoc Committee is appreciative of all community members who filled out an application and participated in the interview process.

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

Appoint the following individuals to serve on the following City Boards and Commissions effective June 6, 2023:

Harrison Memorial Library Board of Trustees
1) Marie-Clare Gorham - term ending May 30, 2024 (completing an unscheduled vacancy)
2) Mary Jo Williams - term ending May 30, 2026
3) Susan Murphy - term ending May 30, 2026
Planning Commission
1) Stephan Karapetkov - term ending May 30, 2027
Attachment 1
Resolution No. 2023-065