Carmel-by-the-Sea City Council
July 11, 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, July 11, 2023

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/81221182847 Meeting ID: 812 2118 2847 Passcode:
234790 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.

CLOSED SESSION TIME - 4:00 PM

CALL TO ORDER AND ROLL CALL

PUBLIC APPEARANCE (LIMITED TO ITEMS ON CLOSED SESSION AGENDA)

CLOSED SESSION
A. Public Employee Performance Evaluation (Government Code § 54957) City Attorney

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS
A. Friends of the Library Proclamation
B. Introduction of New City Employees
C. Presentation on the Carmel-by-the-Sea Website Update

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. June 5, 2023, Special Meeting Minutes, and June 6, 2023, Regular Meeting Minutes

2. May 2023 Monthly Reports

3. May 2023 Check Register Summary

4. Letter authorizing the County of Monterey to execute all documents necessary to continue to implement the annual Used Oil Payment Program on behalf of the City during FY 2023/24

5. Resolution 2023-068 designating Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternative voting delegate at the 2023 annual League of California Cities Conference

6. Resolution 2023-069 authorizing the City Administrator to execute a Professional Services Agreement with Denise Duffy & Associates, Inc. for the North Dunes Habitat Restoration Project and On-Call Environmental Services for a not-to-exceed fee of $111,560

7. Resolution 2023-070, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Davey Resource Group for additional services to complete the Urban Forest Master Plan, for a not-to-exceed fee of $45,000

8. Resolution 2023-071, authorizing the City Administrator to execute a Professional Services Agreement with Advance Design Consultants, Inc. for electrical engineering services for electric panel upgrades and related projects, for a not-to-exceed fee of $79,560

9. Resolution 2023-072, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Neill Engineers Corp. for civil engineering services associated with city-wide Drainage Improvement Projects, for a not-to-exceed fee of $159,100

10. Resolution 2023-073, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Ausonio, Inc. for Project Management Services for facility renovation projects for a not-to-exceed fee of $125,000 for Fiscal Year 2023/24

11. Resolution 2023-074 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. PBD-EMC-037-22-23 with EMC Planning Group, Inc. to prepare an Initial Study in accordance with the California Environmental Quality Act (CEQA) for a not-to-exceed amount of $40,455 increasing the total contract cost to $279,600

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. Update on the Housing Element Public Review Draft

PUBLIC HEARINGS

13. Resolution 2023-075 Declaring the Results of the Majority Protest Proceedings and Renewing the Carmel Restaurant Improvement District (CRID), and Second Reading/Adoption of Ordinance 2023-005 to Renew the CRID Recommendation: Hold a final hearing, declare results of majority protest proceeding, adopt Resolution 2023-075, conduct the second reading of Ordinance 2023-005 by title only, and adopt Ordinance 2023-005 to renew the CRID.

14. Resolution 2023-076 adopting the Fiscal Year 2023- 2024 Fee Schedule for Administrative Services, Community Planning and Building, Public Safety and Public Works Services

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).

Proclamation Honoring the Friends of Harrison Memorial Library

FOR THEIR DEDICATED SERVICE TO THE COMMUNITY
WHEREAS, the Friends of Harrison Memorial Library were formed on March 4, 1971 with Henry Meade Williams as its president; and WHEREAS, since their inception the Friends have been dedicated to highlighting on an on-going basis the fact that our library is the cornerstone of the community, providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to the present;
WHEREAS, the Friends have held numerous benefits and programs to raise over $500,000 for the library over the years, including the very popular annual book sale which is in its 50th and final year; and WHEREAS, during the pandemic the Friends pivoted to provide free books to the community in the book shrines when the library was closed - a lifeline to many, and became a regular fixture at the weekly Farmer’s Market; WHEREAS, the Friends’ gift of their time and commitment to the library sets an example of how volunteerism leads to positive civic engagement and the betterment of our community;
NOW, THEREFORE, BE IT PROCLAIMED THAT I, Mayor Dave
Potter on behalf of the Council urges everyone to join the Friends of the Library and thank them for all they do to make our library and community so much better.

July 11, 2023
___________________________________
Dave Potter, Mayor
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: June 5, 2023, Special Meeting Minutes, and June 6, 2023, Regular Meeting Minutes RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) June 5, 2023, Special Meeting Minutes
Attachment 2) June 6, 2023, Regular Meeting Minutes

CITY COUNCIL

SPECIAL MEETING
June 5, 2023

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

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

PUBLIC APPEARANCES
None

CLOSED SESSION
City Attorney Pierik read the closed session agenda titles.

Item A - CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Administrator Chip Rerig, Katy Suttorp (Burke, Williams & Sorensen), Interim Public Safety Director Jeff Watkins Employee organization: Carmel Fire Ambulance Association Item B - PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Administrator
Council adjourned to Closed Session.

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

CITY COUNCIL

REGULAR MEETING MINUTES
TUESDAY, JUNE 6, 2023
OPEN SESSION - 4:30 PM

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

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

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Richards led the pledge of allegiance.

EXTRAORDINARY BUSINESS
June Pride Month Proclamation - Councilmember Baron read the proclamation.

Carmel High School Report Out - None

PUBLIC APPEARANCES
Michael McWalters spoke about negative health impacts due to cell towers. Neal Kruse thanked Council for supporting the CA Cities for Local Control Resolution of support at the last meeting.

Shirley Moon, Christy Hollenbeck, and Karyl Hall, asked Council to consider slowing down on the number of projects and issues they are taking on at once.

ANNOUNCEMENTS
City Administrator Announcements - Announced that the City’s Draft 6th Cycle Housing Element has been completed and added to the website for a 30 day public review, as well as a joint City Council and Planning Commission Meeting on June 15, 2023, in Carpenter Hall at the Sunset Center.

City Attorney Announcements - No reportable action from Closed Session last night.

Councilmember Announcements -
Councilmember Ferlito - Spoke about the 6th Cycle Housing Element document and encouraged the public to please read it and to provide comments on the draft. She reported that she attended a ReGen Board meeting, and an AMBAG Meeting.

Mayor Pro Tem - Congratulated the Carmel High Padre Baseball team on their CCS win, and Jonathan Chen for winning 14th place at the State Golf Championship. He also said that culinary week is going on in the village with lots of great events.

Mayor – Reported that he also had a great time attending the Surf competition and culinary week events over the weekend.

Attachment 2
CC Minutes – June 6, 2023

CONSENT AGENDA
A member of the public pulled item #8 and made a public comment.

Public Comment: Elliott Ruchowitz-Roberst, president of the Tor House Foundation, spoke about the foundation and welcomed Councilmember Baron as a new Board Member.

Councilmember Dramov pulled item #10 to make a comment.

Mayor Potter requested that the Council appointee to the Litter Abatement Task Force be Alissandra Dramov who volunteered to be on the board.

Motion by Councilmember Ferlito to adopt consent items 1-8, with the amendment to appoint Councilmember Dramov to the Litter Abatement Task Force, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - May 1, 2023, Special Meeting Minutes, May 2, 2023, Regular Meeting Minutes, and May 16, 2023, Special Meeting Minutes

Item 2 - April 2023 Monthly Reports

Item 3 - April 2023 Check Register Summary
Item 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 oncall 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
Item 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

Item 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

Item 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)

Attachment 2
CC Minutes – June 6, 2023

Item 8 - Resolution 2023-062 (as amended) confirming Councilmember appointments to Coastwalk - California Coast Trail Association, the Litter Abatement Task Force, and the Tor House Foundation
Item 9 - Resolution 2023-065 ratifying appointments to the Harrison Memorial Library Board of Trustees, and the Planning Commission

ITEMS PULLED FROM CONSENT
Item 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
Councilmember Dramov pulled this item from consent to make a comment that she does not agree with making the Local Business Plan being added to the municode, and that she would rather the limit for the City Administrator to sign contacts be $45,000 rather than $60,000 so she will be voting no.

Motion by Mayor Pro Tem Richards to adopt Ordinance 2023-003, seconded by Mayor Potter, and approved 4-1-0-0 by the following roll call vote:

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

PUBLIC HEARING

Item 11 - Resolution 2023-040 for Intent to Lease Real Property, Resolution 2023-042 for a Surplus Lands Act Resolution, and CEQA findings, for the Scout House Renovation, Activities Programming, and Facilities Management Project
Public Works Director Bob Harary gave a brief presentation to Council and provided an update on the meeting with the groups interested in the project. Joan Cox, City Attorney, answered questions from Council.

Public comment: Richard Kreitman said that the Boy Scouts will not be submitting a proposal for the Scout House due to there being too many unknowns and questions, and suggested that the City consider making some of the upfront improvements to the Scout House.

Council discussed that RFP process has become complex and may deter local groups from submitting proposals, and asked what other options the City has. Joan Cox said that if Council adopts the Surplus Land Act Resolution it will allow more flexibility on what to do with the Scout House in the future.

Motion by Mayor Pro Tem Richards, to adopt Resolutions 2023-040 and 2023-042, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmember Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Attachment 2
CC Minutes – June 6, 2023

ORDERS OF BUSINESS
Item 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-to-exceed fee, including contingency, of $300,000 for the Police Building Project City Consultant Fred Meurer gave a presentation to Council regarding the Police Department Renovation Project phases and tasks, as well as the RFP process to select the most qualified architect firm. He answered questions from Council and introduced architect Jonathan Hammond.

Public comment: Janice Bradner thanked the Council for moving forward with this project.

Council discussion resumed.

Motion by Councilmember Baron, to adopt Resolution 2023-063, seconded by Mayor Potter, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmember Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 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 Environmental Programs Manager Mary Bilse gave a presentation on the item. GreenWaste representative Emily Hanson answered Council questions regarding the rate increases since 2015.

Public Comment: None.

Council discussion resumed. Mayor Pro Tem Richards commented that it seems that GreenWaste can use any methodology they want to justify increase rates every year and the City has no choice but to approve them. Councilmember Dramov commented that SB 1833 is another example of an unfunded mandate from the State that the City is forced to comply with.

Motion by Councilmember Ferlito, to adopt Resolution 2023-064, seconded by Councilmember Baron, and approved 3-2-0-0 by the following roll call vote:

AYES: Councilmember Baron, Ferlito, and Mayor Potter
NOES: Councilmember Dramov, Mayor Pro Tem Richards
ABSENT: None
ABSTAIN: None
Attachment 2
CC Minutes – June 6, 2023

Item 14 - Receive a report and provide policy direction on the potential re-establishment of the Design Review Board
Director of Community Planning and Building Brandon Swanson gave a presentation to Council on the history and duties of the Design Review Board (DRB).

Public Comment: Ken White said that the Carmel Residents Association voted that they agree with the reinstatement of the DRB, and suggested combining the DRB with the Historic Resources Board. Neal Kruse said that the Carmel Preservation Society agrees with the reinstatement of the DRB, but would like to see the DRB members be more resident driven. Thomas Hood echoed the comments made by Ken White. Eric Dyar said that in principle having a DRB sounds good, but has concerns over finding enough qualified residents to serve on the DRB and said that architects are critical to have serve on this type of board. Karyl Hall voiced support for reinstating the DRB and combining with the HRB to keep the permitting process moving forward.

Council voiced support of reinstating the DRB as a decision making body on design projects, and possibly combining its duties with the Historic Resources Board which meets once monthly.

Director Swanson is in the process of developing the regulations and procedures to reestablish DRB would follow the same timeline as the completion of the Design Traditions 1.5 Guidelines.

Council gave consensus direction to staff to come up with a draft Design Review Board policy and present it to the Planning Commission and Historic Resources Board for their input and feedback, then come back to Council for further policy direction on the reinstatement of the DRB.

Council took a recess at 6:35 p.m. and resumed at 6:46 p.m.

Item 15 - Receive an update on the status of the Design Traditions 1.5 Project Director of Community Planning and Building Brandon Swanson gave a presentation on the Design Traditions 1.5 Project (DT 1.5) and answered questions from Council.

Public comment: Nancy Twomey, said that the Carmel Residents Association are very appreciative of all of the work by the Design Traditions 1.5 Committee Members and City staff on this project. Eric Dyar said that the overall process is going well and asked for patience while they continue to refine the guidelines. Thomas Hood said that the design guidelines are still subjective in interpretation so this is where the DRB would come in. Neal Kruse, Cindy Lloyd, David O’Neal, and Karyl Hall voiced support of the Design Traditions 1.5 process and thanked all of the members involved.

Council received the report, and thanked the Design Traditions 1.5 committee members, public, and staff for all of their hard work and commitment to the process. Council gave consensus direction to Director Swanson to take control of the DT 1.5 Guidelines process and timeline, while continuing to receive feedback and input from the Committee members.

PUBLIC HEARINGS

Item 16 - First Reading of Ordinance 2023-005 to Renew the Carmel Restaurant Improvement District
Amy Herzog and Jeff Burkhardt, Visit Carmel, gave a presentation to Council on the Carmel Restaurant Improvement District and renewal process.

Attachment 2
CC Minutes – June 6, 2023

Public Comment: Dale Byrne and Shirley Moon voiced distaste of the Visit Carmel advertising and marketing strategy and said it does not fit in with the character of Carmel. David O’Neil commented that digital marketing design is constantly changing and evolving.

The City Attorney read the title of the Ordinance.

Motion by Councilmember Baron, to read by title only, waive full reading and introduce Ordinance 2023-005, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmember Baron, Dramov Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 17 - Resolution 2023-066 Adopting the Fiscal Year 2023-2024 Appropriations Limit Assistant City Administrator Maxine Gullo gave a brief presentation to Council.

Public Comment: None
Motion by Mayor Potter, to adopt Resolution 2023-066, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmember Baron, Dramov Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 18 - Resolution 2023-067 Adopting the Fiscal Year 2023-2024 Annual Operating and Capital Budget

Assistant City Administrator Maxine Gullo gave a presentation to Council.

Public Comment: Carmel Chamber CEO Lance Wills spoke about the Carmel Chamber’s visitor center costs and deficit, and requested Council consider additional funding to refresh the visitor’s center. Doug Lumsten, Maria Weigman, David O’Neil, Ashley Stoddard, Sygale Lomas, spoke about the importance of the Carmel Chamber visitor’s center and asked for Council support for additional funding. John Ruskell and Pam Nyman asked for Council support the Carmel Youth Center by investing $50,000 into the CYC building improvements such as the heating system.

Council discussion resumed. Council voiced support of the FY 23-24 budget as presented by staff.

Motion by Councilmember Baron to adopt Resolution 2023-067, seconded by Mayor Pro Tem Richards and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmember Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
Attachment 2
CC Minutes – June 6, 2023

Item 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.

Principal Planner Marnie Waffle gave a presentation on the item.

Anthony Lombardo, gave a presentation to Council on behalf of the applicant explaining that there is evidence that the City approved an encroachment permit to Fountain in 2005, but the documentation is missing and tonight his client is asking Council to formally approve a permanent encroachment permit.

Public Comment: Victoria Beach addressed the Council.

Council discussion resumed.

Motion by Councilmember Ferlito to deny the encroachment permit (EN 21-272, Fountain).

Motion failed due to lack of second.

Motion by Mayor Pro Tem Richards to approve the encroachment permit to allow the applicant to keep their existing fence with the condition that a landscaping plan be submitted and approved that requires the adjacent property owners to maintain the conditions of the encroachment permit, seconded by Mayor Potter, and approved 4-1-0-0 by the following roll call vote:

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

ADJOURNMENT
Council adjourned the meeting at 9:17 p.m.

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: May 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
May 2023
Date entered Into Contractor Contract Amount Purpose
5/1/2023 SystemsUp, LLC $19,500.00 IT Consulting - Remote Desktop Support Attachment 1

CITY OF CARMEL-BY-THE-SEA
Monthly Report

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

In May 2023, 35 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In May 2023, 3 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In May 2023, 64 building permit applications were received.

IV. CODE COMPLIANCE CASES:

In May 2023, 6 new code compliance cases were created.

V. ENCROACHMENT PERMIT APPLICATIONS:

In May 2023, 31 encroachment permit applications were received.

VI. YEAR-TO-DATE TRENDS
Table 1 includes the following May 2023 totals: planning and building permit applications, code compliance and transient rental compliance cases, and encroachments. May 2023 totals are provided alongside May 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 1.25%
• Business License Applications – increase of 20.83%
• Building Permit Applications – increase of 20.09%
• Code Compliance Cases – decrease of 32.38%
• Encroachment Permit Applications – increase of 5.61%
Table 1. Permit Application Totals

PLANNING BUSINESS

LICENSES BUILDING CODE COMPLIANCE ENCROACHMENTS
2022 YTD
Totals 160 24 214 105 107
2023 YTD
Totals 162 29 257 71 113
YTD %
Difference +1.25% +20.83% +20.09% -32.38% +5.61%
Attachment 2
Page: 1 of 5
Planning Permit Report
05/01/2023 - 05/31/2023
Permit # Permit Type Project Description Address/Location Date Received
Date
Approved
Status
23161 Conceptual
Review
Associated application: CR 23-032. EXTERIOR RESTORATION & REPAIRS: ROOFS, SKYLIGHTS, FOUNDATION DRAINAGE,
WOOD ROT AT COLUMNS. REMOVE NON-HISTORIC SPIRAL
STAIR AND GLASS RAILING. ALTERATION TO (E) SUNROOM:

MODIFY FIX GLASS TO OPERABLE DOORS. UPGRADE:

REPLACE SINGLE GLAZING TO LOW E, INSULATING GLASS.

PAINT, STAIN EXTERIOR SIDING AND FASCIA.
25987 Mission
Street
5/31/2023 In Review
23160 Preliminary
Site
Assessment
Alterations and additions of kitchen, bedroom, bathroom, and detached garage.

Santa Fe Street 4
NW of 6th
Avenue
5/31/2023 In Review
23159 My current need for information on the historic status of this house is so that I can specify a new garage door when the work to upgrade the garage roof structure and replace the roof (scheduled to start the middle of next month) is
complete.

Pending
Assignment
23158 Design
Review
ASSOCIATED APPLICATION: DR 20-350. New Mixed-Use
building with twelve (12) apartment units, 9,000 SF of retail space at grade, and twenty-eight (28) underground car
spaces. Includes storage area at basement.

Corner of 5th
Ave. and Dolores
St. / Block 55 Lot
1-7
12/15/2020 Pending
Assignment
23157 Request for a preliminary Determination of Ineligibility for Carmel Historical Resources Inventory.

Vizcaino 7
between
Mountain View
& Flanders
5/30/2023 Pending
Assignment
23156 Convert (E) side door into window in Bath 1 shower (N facade); Windows replacement in-kind; New gutters; Paint exterior (stucco, siding, and fascia).

Guadalupe 2 NW
of 7th
Pending
Assignment
Page: 2 of 5
23155 Consideration of an Administrative Determination, AD 23- 155 (Wandering Tours), regarding a business license
application, BL 23-029 (Wandering Tours), for clarification concerning whether staff may allow the establishment of a walking tour of wine tasting stores in Carmel located in the Central Commercial (CC) Zoning District.

Southwest
Corner of Ocean
& Mission
Avenues
5/26/2023 In Review
23154 OWNER PROPOSES TO ADD 1,015 SQFT OF PERMEABLE

PAVING, CONSTRUCT A PERGOLA AND ADD A BACK-UP
GENERATOR.
1st Avenue 2 NE
of Carpenter
5/26/2023 In Review
23153 Preliminary Site Assessment Camino Real 9
NE of 4th
5/25/2023 In Review
23152 375 SQ FT REMODEL. 122 SQ FT ADDITION TO EXISTING 1,291 SQ FT RESIDENCE. ADDITION APROX. 12' X 10' BACK OF HOUSE, NEW PRIMARY SUITE, BATHROOM AND CLOSET.

WINDOWS, ROOF AND PAINT TO MATCH EXISTING. EXISTING
SIDING 2". ADDITION SIDING 6". MOVE INTERIOR WALLS,

NEW POWDER RM, NEW KITCHEN LAYOUT, REMODEL BATH,
NEW FORCED AIR, FIREPLACE INSERT.

NW Corner of
12th & Casanova
5/24/2023 In Review
23151 PSA for proposed project: remodel and addition to existing house. Construction of a new one-car garage. Multiple
exterior changes, including siding, windows, doors, roof, wood deck, fencing, patios, walkways, and landscaping.

San Carlos 2 N.E.
of 2nd Ave.
5/23/2023 In Review
23150 Addition of a 30"x48" wood window to lower floor hallway.

Window to match existing windows.

Torres 1 NW of
2nd
5/23/2023 In Review
23149 RELOCATE EXISTING SIGN: Noelle Micek Interiors, Inc. 5th Avenue 2 NW of Junipero
5/19/2023 In Review
23148 DEMO EXISTING LAUNDRY SHED AND GARDEN STRUCTURE.

ADD 100 SF. TO KITCHEN ON NORTH SIDE. ADD TWO STORY
868 SF ADDITION TO REAR WEST SIDE.
0 Mission St. 3
NW of Santa
Lucia
5/22/2023 In Review
Page: 3 of 5
23147 THE OWNERS WOULD LIKE TO SEEK PLANNING APPROVAL
FOR WORK DONE TO AN EXISTING 1,325 SQFT, SINGLE
STORY, THREE BEDROOM, TWO BATHROOM RESIDENCE.

WORK TO INCLUDE APPLYING STUCCO AND STONE TO AN
EXISTING BRICK CHIMNEY.

Camino Real 4
NW of 11th
In Review
23146 Mills Act Contract 0 Lopez 5 NW of
4th Avenue
5/16/2023 In Review
23145 PSA for proposed 500sf addition to an existing SFD to be used as a bedroom.

Forest 2 NW of
7th
5/15/2023 In Review
23144 Two-story addition to rear of house, interior remodel of lower floor, replace (e) kitchen stair, removal of driveway and installation of new parking pad.

Mission 3 NE of
11th
5/15/2023 In Review
23143 Preliminary Site Assessment Cassanova 3 NE
of 7th
5/15/2023 In Review
23142 Pizza Restaurant to replace Korean Restaurant. NW Corner of Mission and 8th
Closed
23141 Relocation of existing front yard fence. City to remove overlaid asphalt per permit 22332, 11-22-22, and per
drawings attached herein.

Torres 4 NW of
8th
5/10/2023 In Review
23140 Demolition of 2 buildings, trash enclosure, 2 trellis structures, & 2 parking areas. The whole lot (with the
exception of the (e) community building) shall be excavated for underground parking garage & a 2 story building shall be constructed above it. Ground floor shall serve commercial uses with 10 tenant spaces. The 2nd floor shall contain 8 apartments of various sizes (2 bedroom & 1 bedroom units).

Dolores Street 2
SE of 7th Avenue
5/11/2023 In Review
23139 Construction of two (2) decks in back yard. Various site coverage reductions.

Perry Newberry
2 NW of Fifth
Ave.
5/9/2023 In Review
23138 Install new accordion door and add 3'x12' concrete stoop in front of door. Relocate existing entry to existing window spot and relocate existing window to where door used to be.

Replace two existing windows with tempered glass.
26245 Dolores 5/11/2023 In Review
Page: 4 of 5
23137 PSA completed, PSA 23-125 (Layman). EXTEND FIRST FLOOR OF AN EXISTING SINGLE FAMILY RESIDENCE. NEW ATTACHED
GARAGE. NEW ROOF. MODIFY INTERIOR OF RESIDENCE TO
INCLUDE NEW KITCHEN, NEW BATHROOM, NEW BEDROOM.

REPLACE EXISTING LIGHTING, PLUMBING FIXTURES, AND
CABINETS. REPLACE DOORS AND WINDOWS.

SAN CARLOS
STREET 5 SW OF
5TH AVENUE
5/10/2023 In Review
23136 New planting refresh for hillside on Ocean Ave. side of The Getaway's parking lot.

NE Corner of
Junipero &
Ocean Ave
5/9/2023 In Review
23135 Closed
23134 Historic
Evaluation
Follow-up to HE 22-328 (Beck) 1. EXISTING STRUCTURES
INCLUDE: (1) ONE-STORY 1,360 SQFT SHINGLE-STYLE HOME
AND (1) 240 SQ FT DETACHED GARAGE. PROPOSED WORK
INCLUDES: Add 10' 4" WIDE x 4'-0" TALL fence and 3'-0"
WIDE x 4'0" TALL gate in front of a new ADU (converted ((E)) garage). The fence and the gate match the existing fence and gate. The garage-to-ADU conversion is under another Permit ID: BP 23-202.

SANTA FE 3 NE

OF SECOND AVE
5/9/2023 In Review
23133 Historic
Evaluation
STREAMLINE: authorizes the removal of an existing window from the west elevation (rear) with the opening covered by in-kind siding, and the placement of a new 6’ x 2’ aluminumclad wood window at the south elevation (rear side).

Lincoln 3 SW of
12th
5/9/2023 5/10/2023 Approved
23132 Historic
Evaluation
ASSOCIATED PERMIT HE 22-354 (Beckett). Replace garage
door with new overhead garage door; same opening.

Replace front door with new front door in the same opening.

Stain to match both; see stain color on Sheet A-3.0.

Lincoln 3 SW of
12th
5/9/2023 In Review
23131 Plaque only on existing wood bench, East of Flander's Mansion.
--Honoree's name: George and Patty Walker
--Adopt existing bench; new plaque
--Plaque size: 3 3/4" x 1 1/4" .

Flander's
Mansion
5/9/2023 In Review
23130 Replace existing wood front doors with new recessed metal, glass, and wood entry element.

Ocean 3 NW of
Dolores
5/9/2023 In Review
Page: 5 of 5
23129 Design
Study
Replace current fence along 8th Ave. with 4 ft. white picket fence with three gates including one for driveway.
8th Avenue 2
Northeast of
Junipero
5/10/2023 In Review
23128 Banners Installation of ten double banner poles along Ocean Ave from Junipero to Monte Verde. Installation date: 5/15/23, removal date: 5/22/23.

Ocean from
Junipero to
Monte Verde
5/3/2023 Denied
23127 Use Permit Extra banquet seating for Mulligan Public House Dolores St 4 SE Ocean Ave
5/17/2023 In Review
Total Records: 35 6/2/2023
Page: 1 of 1
Business License Report
05/01/2023 - 05/31/2023
Entity # Application Type Business Name Business
Description
Location Date Received Date Approved Status
23029 New Business Wandering Tours Walking tour of
Carmel.

SW Corner of
Ocean & Mission
5/17/2023 In Review
23028 Business Name
Change
Let Petit Pali at
8th Ave Carmel
by the Sea
Hotel Lodging NW Corner of
Junipero & 8th
Avenues
5/16/2023 5/24/2023 Approved
23027 Business Name
Change
Le Petit Pali at
Ocean Ave
Carmel by the
Sea
Hotel Lodging NE Corner of
Junipero & Ocean
5/16/2023 5/24/2023 Approved
Total Records: 3 6/2/2023
Page: 1 of 9
Building Permit Report
05/01/2023 - 05/31/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit Type Property Location 230255 5/30/2023 Replace decayed deck beams and rebuild garbage room.
9,000 NW Corner of Ocean & Monte
Verde
230254 5/30/2023 Exterior re-painting of Harrison Memorial Library, with al alternate bid item to repaint
the interior of the building. To include
hazardous materials abatement.
0 NE Corner of Ocean & Lincoln
230253 5/30/2023 Exterior re-painting of Sunset Center, including hazardous materials abatement.
0 San Carlos between 8th and 10th
230252 5/30/2023 Repair cottage windows, including selective demolition, removal and replacement of
window components including sashes,
muntins, mullions, etc. Project to include
hazardous materials abatement.
150,000 San Carlos between 9th and 10th
230251 5/30/2023 Replace roof with wood shingles with an alternate option of asphalt composition
shingles.
150,000 Monte Verde 3 SE of Ocean
230250 5/30/2023 Replace rotten wood and install new railing. 0 San Antonio 6 SW of Ocean 230249 5/30/2023 5/30/2023 Replace damaged 200 amp service panel inkind.5,000 Camino Real 3 SE of 2nd 230248 5/30/2023 164.00 S.F. DINING ROOM / KITCHEN

ADDITION WITH NEW ELECTRICAL TO THE
MAIN RESIDENCE. BATHROOM REMODEL
TO THE GUEST HOUSE. NEW ROOF TO
MATCH APPROVED GUEST HOUSE. REMOVE

PORTION OF STONE WALL IN CITY RIGHT OF
WAY.
180,000 NW Corner of Forest & Mountain
View
Page: 2 of 9
230247 5/25/2023 5/31/2023 Move water ehater to exterior wall and install new tankless water heater. Run
designated 1 1/4" gas line from meter to
new tankless unit.
6,000 NE Corner of Casanova & Palou
230246 5/25/2023 Retile shower stall and install new pan/lath. 15,000 Lincoln 3 SE of 3rd 230245 5/25/2023 5/25/2023 New 60' wood fence on southern property line from SW lot corner at Mission running
east. 4' high within 15' setback and 6' high
for an additional 45' mounted on new wood
4"x4" posts and 2"x4" rails. Fence to be
placed on the property line per agreement
with neighbor to the south.
0 Mission 2 NE of 10th
230244 5/25/2023 New Concrete Drainage slab for improved drainage.
11,750 Junipero 3 SW of 4th
230243 5/24/2023 Establishment of new Senior ADU.

Installation of fire rating, kitchen, and
electrical.
200 NW Corner of Ocean & Carpenter
230242 5/24/2023 Establishment of new JADU. 200 NW Corner of Ocean & Carpenter 230241 5/24/2023 5/24/2023 Remove and replace existing furnace. 12,495 Guadalupe 4 NW of 1st 230240 5/25/2023 Install new 22kW generator with Zombiebox enclosure.
21,000 25935 Ridgewood Road
230239 5/24/2023 Install a roof mounted 3.60kW solar PV system with 9 panels.
14,000 Mission 4 NE of 10th
230238 5/24/2023 5/24/2023 Remove and replace one 35K BTU wall heater and one 15K BTU direct vent heater
with new in-kind.
4,000 NE Corner of Guadalupe & Ocean
230237 5/23/2023 5/25/2023 Replace existing roof with CertainTeed Presidential Shake in color Aged Bark or
Country Gray.
24,000 Mission 2 NW of 1st
230236 5/23/2023 5/25/2023 Remove and install comp shingles in color "Painted Desert".
16,400 Perry Newberry 3 NW of 6th
Page: 3 of 9
230235 5/23/2023 5/23/2023 Remove (e) wood shakes and install 90 lb cap sheet, 30 lb shake felt, and heavy
treated wood shakes.
22,301 Lobos 4 SE of 2nd
230234 5/23/2023 5/25/2023 Remove (e) wood shingle roof and replace with new Brava Multi-Width Simulated
Shake in color - Natural.
75,000 Monte Verde 4 NE of 13th
230233 5/22/2023 5/22/2023 Run new gas line for gas cook top. Start at meter, run under house approx 10' of 3/4"
galvanized pipe.
2,600 Camino Real 3 SW of 7th
230232 5/19/2023 Interior TI for a new retail clothing shop with coffee bar in existing retail space.
75,000 San Carlos 3 NW of 6th
230231 5/19/2023 Remodel including doors and windows,
remove balcony, remodel kitchen, entry,
bath 2, and master bath.
350,000 Monte Verde 7 SE of 12th
230230 5/19/2023 Installing a backup generator, transfer switch, concrete pad, natural gas line, and
electrical infrastructure to support.
21,711 San Carlos 4 NW of 13th
230229 5/19/2023 Renovation of existing kitchen with new cabinets, tile, plumbing fixtures and replace
tile in existing guest bathroom in
tub/shower and on bath floor. Existing
vanity, toilet, and plumbing to remain.
10,000 Santa Rita 4 NW of 2nd
230228 5/18/2023 5/22/2023 Installation of 24 license plate reading cameras.
60,000 Various throughout City
230227 5/18/2023 5/19/2023 Tear off (e) tar and gravel roof and install new tar and gravel roof.
16,000 San Antonio 2 NW of 7th
Page: 4 of 9
230226 5/18/2023 Kitchen Finishes: New Counters, backsplash, replace sink, modify breakfast bar.

Powder Room update: Replace sink.

Primary Bathroom updates: New wall tile in
shower, new shower door, new electrical
floor heat mat and step light in shower
30,000 Torres 3 SE of 8th
230225 5/18/2023 Install 14KW generator, transfer switch, and sound enclosure.
16,000 San Carlos 6 SW of 8th
230224 5/16/2023 5/18/2023 Replace (e) 4'x4' redwood post on 103lf on fence 6' high using 4x6 pressure treated
posts.
0 NW Corner of Monte Verde & 4th
230223 5/16/2023 5/31/2023 Construct redwood board fence inside property line. Height to remain 6' at final
grade, not to extend into front setback.
0 NE Corner of Guadalupe & Ocean
230222 OWNER PROPOSES TO ADD 1,015 SQFT OF

PERMEABLE PAVING, CONSTRUCT A
PERGOLA AND ADD A BACK-UP GENERATOR.
42,000 1st 2NE Carpenter
230221 THE OWNERS WOULD LIKE TO SELF REPORT

AND CORRECT WORK DONE TO AN EXISTING
1,325 sqft, SINGLE STORY, THREE
BEDROOM, TWO BATHROOM RESIDENCE.

WORK TO INCLUDE, 1. REMOVE APPROX.
320 SQFT OF RECENTLY CONSTRUCTED
IMPERVIOUS WALKWAY. TO BE REPLACED
BY LOOSE SET PAVERS. 2. A 76 SQFT

ADDITION TO AN EXISTING WOOD FRAMED
DECK. 3. APPLYING STUCCO AND STONE TO
AN EXISTING BRICK CHIMNEY. 4.

RECONFIGURING THE ELECTRICAL SYSTEM
IN THE GARAGE. 5. REPLACING EXISTING

ASPHALT DRIVEWAY WITH IMPERVIOUS
STONE.
8,000 Camino Real 4NW 11TH
Page: 5 of 9
230220 5/16/2023 Remodel commercial kitchen, new floor, new paint, and kitchen equipment.
45,000 NW Corner of Mission & 8th
230219 5/15/2023 5/30/2023 Smooth coat walls, new flooring in rear and storage area. Refinish existing wood
flooring, change counters, change light
fixtures, new baseboards and interior door
moldings, paint interior walls, ceilings, and
cabinets. Install new wall paper.
20,000 Lincoln 3 SW of Ocean
230218 5/15/2023 5/22/2023 Install a roof mounted 3.20kW solar PV system consisting of 8 panels.
13,614 SE Corner of Dolores & 12th
230217 5/12/2023 5/12/2023 Replace all original single-pane aluminum divided-light windows with mew Pella
double-pane, wood clad with aluminum,
divided light windows with interior and
exterior grlls and an interior spacer to
imitate true divided light grid windows. All
new windows will be installed in the same
foot print as the original windows, with no
changes in window location or size.
0 NE Corner of Mission & 10th
230216 5/12/2023 Replace existing vanity, bath tub, shower stall, and flooring. No change in plumbing.

Shower enclosure to be replaced.
0 Guadalupe 4 NW of 2nd
230215 5/11/2023 Convert bathtub to shower stall 6,000 Mission 2 NE of 9th 230214 5/11/2023 5/11/2023 Replace water heater with new tankless water heater. Contact: Linda Frazier (530)
306-5159
5,000 NW Corner of Junipero & 12th
230213 5/10/2023 Replace 68 existing steel windows and 4 wood french doors. Windows and doors to
keep the same aesthetic, size, and location.
0 NE Corner of Lincoln & 7th
Page: 6 of 9
230212 5/10/2023 5/11/2023 Replace vision barrier fence damaged by the storm. 24' fence on interior of property,
Fence to be horizontal redwood replacing
vertical slats. Maximum of 6'. Contact: Mike
Sawyer (650) 207-0293
0 NE Corner of Santa Rita & 1st
230211 5/10/2023 Repair existing gates and improve look by replacing the trellis with natural
grapestakes. Same height and location.
0 Camino Real 5 SE of 12th
230210 5/10/2023 Repair/replace south fence line. Fence was damaged due to tree removal. Reinstall
fence at same location and constructed the
same as the original.
0 NE Corner of Santa Rita & 5th
230209 5/9/2023 PAINTING SIDING AND TRIM. 2. REPLACE

TILE ROOFING WITH ASPHALT SHINGLES,
"PRESIDENTIAL TL". 3. VAULT CEILINGS IN
KITCHEN, LIVING ROOM AND BEDROOM #3.

4. ADD TWO SKYLIGHTS, REPLACE OR ADD 7
WINDOWS AND THE ENTRY DOORS.
175,000 Santa Rita 2 SW of 1st
230208 5/9/2023 Cover the existing carpet into a 200 sqft detached garage.
0 Dolores 4 SW of 10th
230207 5/9/2023 Remodel and existing one story single family dwelling, modify existing detached carport
and adding a 310 sq.ft. second story and
redoing the main level by 46 sq.ft. 2.Project
includes the exterior and interior
modifications as shown on the plans and
covering the existing carpet into a 200 sq.ft
detached garage. 3. The project will consist
of changes to the rear decks and front porch
entrance. 4. New wood clad windows. 5. No
excavation. 6. One tree removal. Unknown
species. 7. remove hedge at north side of
property.
490,000 Dolores 4 SW of 10th
Page: 7 of 9
230206 5/9/2023 Paint exterior of building and fill cracks in stucco.
10,500 NE Corner of Ocean & Dolores
230205 VOID 0
230204 5/8/2023 5/19/2023 Install a backup home generator. 5,000 Dolores 2 NW of 4th 230203 5/8/2023 5/10/2023 Remove (e) shake roof and replace with new CertainTeed Landmark TL comp shingles in
color Country Gray.
33,000 Guadalupe 2 NE of 4th
230202 5/8/2023 EXISTING STRUCTURES INCLUDE: (1) ONESTORY 1,360 SQFT SHINGLE-STYLE HOME AND (1) 242 SQFT DETACHED GARAGE.

PROPOSED WORK INCLUDES: CONVERT THE
EXISTING 242 SQ. FT. GARAGE INTO AN
ACCESSORY DWELLING UNIT (ADU). A NEW

SHED DORMER WILL BE BUILT ON BOTH
SIDES OF THE EXISITING ROOF. THE

WASHBASIN IN THE SECOND BATHROOM

FOR THE EXISTING HOUSE WILL BE REMOVE
TO GAIN 1 WATER CREDIT.
18,150 Santa Fe 3 NE of 2nd
230201 5/8/2023 3,276 sf tenant improvement in existing commercial building.
250,000 Ocean 3 NW of Dolores
230200 Residential 0
230199 5/5/2023 Bathroom remodel. 10,000 NW Corner of Carmelo & 9th 230198 5/5/2023 5/5/2023 In-kind furnace replacement. 22,500 Santa Fe 3 SW of 8th Page: 8 of 9
230197 5/5/2023 5/12/2023 Pitched tile sections at building 7, 8, & 8a:
tear off (e) concrete tile. Install one layer of
TileSeal self adhered at all roof
penetrations. Install one layer of Boral ply
SBS modified tile underlayment. Install new
Boral "Saxon 900" slate in the color
"Newport Sun".

Flat sections of 8 & 8a: Prepare cap sheet
overlay. Install one layer of 1/4" fire-rated
glass-mat roof board. Install new custom
curb membrane with termination bar. Install
new Durolast 50 mil PVC single-ply in color
"white". Remove existing gutter system.

Install approx 90lf of custom #316 marine
grade stainless steel OGEE gutter at eave
line. Install 1 4x4 #316 24ga stainless steel
downspout.
283,390 Roofing Carmel Plaza
230196 5/4/2023 5/4/2023 Repairs to existing roof. Remove the existing hip and ridge shingles and install new hip
and ridge shingles in same color with thicker
product.
2,500 Dolores 2 NE of 10th
230195 5/4/2023 5/5/2023 Replace two exterior heat pumps. Install new 18 Seer, 12.5 EER, 11 HSPF Mitsubishi
heat pump system.

CONDITION: A sound level test from a
verified third-party inspector stating that
the 60db or less requirement is met before
the permit can be finaled.
33,475 Torres 2 NE of 5th
230194 5/3/2023 5/9/2023 Re-roof: Remove existing synthetic "firefree" roof and replace with CertainTeed Landmark
TL, Color: Max Def Country Gray
46,605 Carpenter 2 NE of 6th
Page: 9 of 9
230193 5/2/2023 5/2/2023 Demolition of linoleum flooring and install 1/4" ply underlayment. Install new vinyl
flooring and base boards.
0 Exempt
Work
Camino Real 4 SE of 10th
230192 5/1/2023 Remove (e) gray comp shingles and replace with (n) Malarkey Highlander black comp
shingles.
19,780 Roofing Mission 3 NE of 8th
Total Records: 64 6/2/2023
Page: 1 of 1
Code Compliance Report
05/01/2023 - 05/31/2023
Case # Case Type: Status Location Problem
Description
Date Received Date Closed
23072 Property
Maintenance
Open SWC Lincoln and
7th
Bathroom
ventilation
5/9/2023
23071 Health and Safety
Code Violation
Open SWC Santa Rita and
1st
Trash cans in ROW 5/9/2023
23070 Business License
Violation
Open Mission SW of 5th Operating business
without a license
5/8/2023
23069 Business License
Violation
Open SWC San Carlos
and 6th
Operating business
without a license
5/8/2023
23068 Right of way
Violation
Open Carmelo S of 8th Blocking right-ofway5/8/2023
23067 Planning Violation Open NEC Santa Rita and
5th
Fence construction
without permit
5/5/2023
Total Records: 6 6/2/2023
Page: 1 of 4
Encroachment Permit Report
05/01/2023 - 05/31/2023
Permit # Permit Type Date
Submitted
Project Description Property Location Date Issued Status 230113 Temp Ench 5/30/2023 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
San Antonio 2 SE of
11th
5/30/2023 Issued
230112 Temp Ench 5/30/2023 Remove 5'x5' section of sidewalk to isntall main sewer line back flow valve. Will replace materials
with like for like materials and provide TCP.

NE Corner of Junipero
& Ocean
5/30/2023 Issued
230111 Temp Ench 5/30/2023 Remove 5'x5' section of sidewalk to isntall main sewer line back flow valve. Will replace materials
with like for like materials and provide TCP.

Junipero 2 NW of 8th 5/31/2023 Issued
230110 Temp Ench 5/24/2023 Trench for PG&E to relocate gas line. Contact:

JD's Plumbing (831) 394-3100
NE Corner of San
Carlos & 4th
In Review
230109 Temp Ench 5/24/2023 PG&E to trench and backfill a 5'x5' bellhole to abandon existing gas service. PM #35438884.

Contact: PG&E (408) 478-1894
San Carlos 2 SW of 1st 5/30/2023 Issued
230108 Temp Ench 5/23/2023 PG&E to trench and backfill a 5'x5' bellhole and abandon existing gas service. PM #35432179.

Contact: PG&E (408) 478-1894
Scenic 3 NE of 13th In Review
230107 Temp Ench 5/22/2023 Replace existing asphalt driveway with new pavers. Contact: Roark Craven (831) 901-4620
Forest 4 SW of Ocean In Review
230106 5/16/2023 (5) Black pots located on Ocean ave 8 (2) Pots on Lincoln street, they have been there for 25years.

We woulc like to re-plant and keep on the
sidewalk. (In there current locations).

Ocean ave & Lincoln
st
230105 Temp Ench 5/18/2023 Placement of pod for moving from 5/26/23 - 6/5/23. Contact: U-Haul (831) 655-0629
Monte Verde 2 NW of
12th
5/18/2023 Issued
230104
Page: 2 of 4
230103 5/18/2023 REPLACE 60' OF 4" SEWER DRAIN LINE 11' DEEP IN THE STREET. REMOVE CARMEL TRAP AND ONE
WAY CLEAN OUT. WILL INSTALL NEW 2 WAY
CLEAN OUT AND BACK WATER VALVE. Contact:

Chris Wilson Plumbing (831) 393-9321
SW Corner of Monte
Verde & 3rd
5/18/2023 Issued
230102 Temp Ench 5/16/2023 This CIP project replaces approximately 1,000' of the most heavily deteriorating and missing
portions of railing along the scenic pathway.

Scenic pathway
between 9th Ave and
Martin way
In Review
230101 Temp Ench 5/15/2023 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
1st 2 SE of Lobos 5/16/2023 Issued
230100 Temp Ench 5/15/2023 Replace (e) asphalt driveway with permeable concrete pavers and 3' asphalt connection to
street.

Santa Rita 4 NE of 6th 5/16/2023 Issued
230099 Temp Ench 5/12/2023 Replace sewer lateral using pipe bursting.

Contact: Rooter King (831) 394-5315
Lincoln 2 NW of 4th 5/16/2023 Issued
230098 Temp Ench 5/11/2023 PG&E to trench and backfill a 5'x5' bellhole to abandon existing gas service. Contact: PG&E
(408) 478-1894
Junipero 6 NE of 8th 5/15/2023 Issued
230097 5/10/2023 Concrete pouring on 5/11/23 from 8:00AM - noon. Contact: Mark Evensen (831) 453-0060
Lincoln 5 NE 5th Ave 5/10/2023 Issued
230096 Temp Ench 5/9/2023 PG&E to trench and backfill all 5'x5' bellhole.

PG&E to cut off existing gas service at main. PM
35436357. Contact: PG&E (408) 478-1894
Camino Real 3 SW of
13th
5/10/2023 Issued
230095 Temp Ench 5/9/2023 Trouble man to install sensor. PM# 31640821.

Contact: PG&E (831) 713-6019
Torres 2 NE of 5th 5/10/2023 Issued
230094 Temp Ench 5/9/2023 Trouble man to install sensor. PM# 31640820.

Contact: PG&E (831) 713-6019
2nd 2 NW of
Guadalupe
5/10/2023 Issued
Page: 3 of 4
230093 5/9/2023 Storage POD in the street in front of the residence.

Condition: The POD must be off the edge of the
road as much as possible to allow 12' of
clearance around it for emergency vehicles.

Contact: Brendan Connolly 831-521-2489
Guadalupe 5 SW of
Ocean
5/10/2023 Issued
230092 Temp Ench 5/9/2023 PG&E to trench and backfill all, 5'x4' bellhole, 4'x4' bellhole, and a 10' trench in franchise. PG&E
to deactivate existing gas service at main and
deactivate existing gas service at branch in PP
and install new gas service. PM# 35420817 &
35420815. Contact: PG&E (408) 478-1894
Carmelo 3 & 4 SW of
2nd
5/10/2023 Issued
230091 Temp Ench 5/8/2023 Trench for conduit in the right of way, including street closure between 8th and 9th on Carmelo.

SW Corner of Camino
Real & 8th
5/10/2023 Issued
230090 Temp Ench 5/5/2023 Sewer lateral replacement using pipe bursting.

CONDITION: The final concrete street restoration
will need to match the existing depth, #4 rebar
doweled into existing every 18", and use "sequoia
sand" concrete dye.

Contact: Armando Ramirez (831) 809-4707
Dolores 2 SE of Ocean 5/9/2023 Issued
230089 Temp Ench 5/4/2023 This project proposes to Bore approx. 232', Trench approx. 34', Place 1 CATV vault, Over-pull
approx. 730', Over-lash approx. 290', & access
poles for splicing. (JB1302655)
57 Torres St, CarmelBy-The-Sea, CA 93923In Review
230088 Temp Ench 5/4/2023 Hillside planting on junipero hillside, the getaways parking lot hillside
NE Corner of Junipero
& Ocean
In Review
Page: 4 of 4
230087 Driveway 5/2/2023 Replace existing asphalt driveway with new paving stone paver driveway. Replace existing
walkway connecting driveway to main residence
in same paver material. Dimensions of walkway
and driveway to match existing. Contact: Daniels
Landscaping (831) 915-6567
Lincoln 3 SW of 12th 5/3/2023 Issued
230086 Temp Ench 5/3/2023 PG&E to replace existing pole. PM 35433673.

Contact: PG&E (831) 713-6019
Camino Del Monte 2
NW of San Carlos
5/2/2023 Issued
230085 Temp Ench 5/2/2023 Replace and repair section of sewer lateral line throughout the City. Contact: Rooter King (831)
394-5315
5/10/2023 Issued
230084 Temp Ench 5/1/2023 Replace sewer lateral using pipe bursting.

CONDITION: The final concrete street restoration
will need to match the existing depth, #4 rebar
doweled into existing every 18", and use "sequoia
sand" concrete dye.

Contact: A Ramirez Plumbing (831) 809-4707
Dolores 5 NE of 7th 5/2/2023 Closed
230083 Temp Ench 5/1/2023 Replace sewer lateral from sidewalk to street using pipe bursting. Contact: A Ramirez Plumbing
(831) 809-4707
NE Corner of Camino
Real & 8th
5/1/2023 Closed
Total Records: 31 6/2/2023
*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
May 2023
Monthly Report
Public Safety

AMBULANCE REPORT
Summary of Carmel Fire Ambulance May 2023 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 May 2023 the ambulance was able to meet the performance measure. The response time was 100% with (0) code-3 call over 5 minutes.
27 Calls for service in CBTS - Average response time: 3:04 min. 24 Code 3 medical calls for service – Zero calls over 5:00 min.

MONTEREY FIRE REPORT
Summary of Monterey Fire May Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 90%. For the month of May 2023, the fire department was able to meet the performance measure. The response time was 92%, with (3) code-3 calls over 5 minutes.
46 total calls for service in CBTS- Average response time: 2:40 min. 39 total Code-3 calls – Three with a response over 5:00 min. 05/02/23 - 7:00 min – 11th and Torres - Response delayed due to time of night. 05/09/23 – 8:29 min – Junipero and 7th – Response delay due to clearing from prior call for service. 05/17/23 – 6:52 min – Santa Rita and 1st – Response delayed due to personnel.

BEACH FIRES
There were 0 illegal beach fires recorded during the month of May.

MEETING DATE: July 11, 2023
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Director of Public Safety
APPROVED BY: Chip Rerig, City Administrator
Attachment 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Medical assist, assist EMS crew 5/18/2023 5:56 PM 230518-MNT04027 0:02:28 JUNIPERO AVE 5TH AVE 3 Medical assist, assist EMS crew 5/6/2023 9:08 PM 230506-MNT03730 0:03:04 MONTE VERDE ST 11TH AVE 3 Medical assist, assist EMS crew 5/3/2023 5:57 AM 230503-MNT03614 0:04:48 LINCOLN ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 5/28/2023 1:48 PM 230528-MNT04295 0:00:00 8TH AVE SCENIC RD 3 EMS call, excluding vehicle accident with injury 5/22/2023 12:17 PM 230522-MNT04122 0:00:30 MISSION ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 5/4/2023 9:25 AM 230504-MNT03653 0:00:57 MISSION ST 6TH AVE 3 EMS call, excluding vehicle accident with injury 5/28/2023 7:09 PM 230528-MNT04305 0:01:52 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 5/18/2023 12:05 AM 230518-MNT04012 0:02:01 OCEAN AVE LINCOLN ST 3 EMS call, excluding vehicle accident with injury 5/6/2023 9:33 PM 230506-MNT03731 0:02:41 N CAMINO REAL 4TH AVE 3 EMS call, excluding vehicle accident with injury 5/5/2023 1:13 PM 230505-MNT03679 0:02:43 CARPENTER ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 5/12/2023 2:37 PM 230512-MNT03857 0:02:59 MONTE VERDE ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 5/8/2023 3:01 PM 230508-MNT03765 0:03:08 CARPENTER ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 5/13/2023 2:57 PM 230513-MNT03892 0:03:14 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 5/14/2023 6:54 PM 230514-MNT03923 0:03:26 DOLORES ST 2ND AVE 3 EMS call, excluding vehicle accident with injury 5/10/2023 12:30 PM 230510-MNT03808 0:03:52 2928 FRANCISCAN WAY 3 EMS call, excluding vehicle accident with injury 5/9/2023 9:24 AM 230509-MNT03780 0:04:03 SAN ANTONIO AVE 11TH AVE 3 EMS call, excluding vehicle accident with injury 5/3/2023 11:04 AM 230503-MNT03620 0:04:06 SAN ANTONIO AVE 13TH AVE 3 EMS call, excluding vehicle accident with injury 5/31/2023 5:21 PM 230531-MNT04383 0:04:08 LOBOS ST 1ST AVE 3 EMS call, excluding vehicle accident with injury 5/14/2023 9:18 AM 230514-MNT03907 0:04:37 CARPENTER ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 5/12/2023 2:56 PM 230512-MNT03858 0:04:39 DEL MAR BCH 3 EMS call, excluding vehicle accident with injury 5/4/2023 3:01 AM 230504-MNT03645 0:04:49 25970 MISSION ST 3 21 0:03:03
Motor vehicle accident with no injuries. 5/21/2023 2:33 PM 230521-MNT04102 0:03:53 13TH AVE DOLORES ST 3 Swimming/recreational water areas rescue 5/8/2023 5:00 PM 230508-MNT03769 0:00:42 OCEAN AVE SCENIC RD 3 2 0:02:18
Gas leak (natural gas or LPG) 5/27/2023 6:39 PM 230527-MNT04269 0:02:48 MISSION ST 5TH AVE 2 Power line down 5/2/2023 12:27 AM 230502-MNT03584 0:07:00 11TH ST EAST OF TORRES 3 2 0:04:54

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 05/01/2023 To: 05/31/2023
300-321 Series (EMS)
322-399 Series (Rescues)
400 Series (Hazardous Material)
23 05 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Water or steam leak 5/13/2023 11:35 AM 230513-MNT03882 0:04:37 LINCOLN ST 2ND AVE 2 Public service 5/27/2023 4:18 PM 230527-MNT04265 0:04:54 LINCOLN ST OCEAN AVE 3 Public service 5/24/2023 2:09 AM 230524-MNT04164 0:06:24 11TH AVE TORRES ST 2 Assist invalid 5/4/2023 10:06 PM 230504-MNT03670 0:03:32 CARPENTER ST 5TH AVE 2 Assist invalid 5/21/2023 10:16 AM 230521-MNT04089 0:04:06 MISSION ST 10TH AVE 2 Assist invalid 5/1/2023 1:17 AM 230501-MNT03560 0:05:25 CARPENTER ST 4TH AVE 2 No incident found on arrival at dispatch address 5/15/2023 2:38 PM 230515-MNT03943 0:00:59 OCEAN AVE SCENIC RD 3 No incident found on arrival at dispatch address 5/8/2023 10:52 PM 230508-MNT03773 0:02:11 MONTE VERDE ST OCEAN AVE 3 No incident found on arrival at dispatch address 5/11/2023 2:24 PM 230511-MNT03836 0:02:21 LINCOLN ST OCEAN AVE 3 No incident found on arrival at dispatch address 5/21/2023 1:40 PM 230521-MNT04098 0:03:20 2946 FRANCISCAN WAY 3 No incident found on arrival at dispatch address 5/19/2023 5:30 PM 230519-MNT04052 0:04:47 13TH AVE SCENIC RD 3 No incident found on arrival at dispatch address 5/19/2023 12:58 PM 230519-MNT04047 0:05:41 SANTA LUCIA AVE SAN CARLOS ST 2 No incident found on arrival at dispatch address 5/17/2023 8:43 AM 230517-MNT03989 0:06:52 SANTA RITA ST 1ST AVE 3 Steam, other gas mistaken for smoke, other 5/6/2023 8:18 AM 230506-MNT03711 0:04:52 SCENIC RD SANTA LUCIA AVE 3 EMS call, party transported by non-fire agency 5/28/2023 8:44 PM 230528-MNT04306 0:02:16 7TH AVE DOLORES ST 3 15 0:04:09
Smoke detector activation due to malfunction 5/22/2023 12:01 PM 230522-MNT04121 0:02:13 JUNIPERO AVE 3RD AVE 3 CO detector activation due to malfunction 5/27/2023 3:53 AM 230527-MNT04251 0:04:57 SANTA FE ST 3RD AVE 3 Unintentional transmission of alarm, other 5/29/2023 8:37 PM 230529-MNT04336 0:04:23 SAN ANTONIO AVE 8TH AVE 3 Detector activation, no fire - unintentional 5/4/2023 10:37 PM 230504-MNT03671 0:02:43 SAN CARLOS ST 7TH AVE 3 Alarm system activation, no fire - unintentional 5/8/2023 4:48 PM 230508-MNT03768 0:02:57 SANTA FE ST S MOUNTAIN VIEW AVE 3 Alarm system activation, no fire - unintentional 5/9/2023 9:47 AM 230509-MNT03781 0:08:29 JUNIPERO AVE 7TH AVE 3 6 0:04:17
Code 2 Calls 7
Code 3 Calls 39
46 230509-MNT03781 Delay due to clearing a previous call prior 92% Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230502-MNT03584 E15 delay due to time of night
230517-MNT03989 Delay due to personnel
500 & 600 Series (Service Calls)
700 Series (False Alarms)
23 05 Carmel Fire Activity Report.xlsx 2
Type of Call Number Average Response Time
Fire 0 0:00
EMS 21 3:03
Rescue 2 2:18
Hazardous Condition 2 4:54
Service Calls 15 4:09
Severe Weather 0 0:00
False Call 6 4:17
Total Responses 46 2:40
Total Code 3 Calls: 39
Response Times for Code 3
Calls ≤ 5 minutes: 92%

CARMEL-BY-THE-SEA
MAY 2023
Response Summary Report by Incident Type
Fire
0%
EMS
46%
Rescue
4%
Hazardous Condition
4%
Service Calls
33%
Severe
Weather
0%
False Call
13%
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 05 Carmel Fire Response Summary.xlsx 6/12/2023 Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
EMS call, excluding vehicle accident with injury 5/3/2023 230503-CFA00642 00:04:15 SAN ANTONIO AVE 13TH AVE 3 EMS call, excluding vehicle accident with injury 5/3/2023 230503-CFA00644 00:04:52 112 CROSSROADS BLVD 3 EMS call, excluding vehicle accident with injury 5/4/2023 230504-CFA00646 00:04:09 25970 MISSION ST 3 EMS call, excluding vehicle accident with injury 5/4/2023 230504-CFA00647 00:00:48 MISSION ST 6TH AVE 3 EMS call, excluding vehicle accident with injury 5/5/2023 230505-CFA00654 00:02:09 CARPENTER ST 4TH AVE 3 EMS call, excluding vehicle accident with injury 5/6/2023 230506-CFA00656 00:02:51 MONTE VERDE ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 5/7/2023 230507-CFA00657 00:03:49 3080 RIO ROAD 3 EMS call, excluding vehicle accident with injury 5/9/2023 230509-CFA00665 00:03:30 SAN ANTONIO AVE 11TH AVE 3 EMS call, excluding vehicle accident with injury 5/18/2023 230518-CFA00696 00:01:57 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 5/21/2023 230521-CFA00707 00:03:21 2946 FRANCISCAN WAY 3 EMS call, excluding vehicle accident with injury 5/22/2023 230522-CFA00710 00:01:54 MISSION ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 5/26/2023 230526-CFA00727 00:04:08 8TH AVE S MOUNTAIN VIEW AVE 3 EMS call, excluding vehicle accident with injury 5/27/2023 230527-CFA00732 00:03:16 LINCOLN ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 5/28/2023 230528-CFA00736 00:02:31 7TH AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 5/28/2023 230528-CFA00738 00:02:56 7TH AVE DOLORES ST 3 EMS call, excluding vehicle accident with injury 5/31/2023 230531-CFA00748 00:03:45 LOBOS ST 1ST AVE 3 EMS call, excluding vehicle accident with injury 5/31/2023 230531-CFA00749 00:02:53 26015 JUNIPERO ST 3 17 0:03:07
Motor vehicle accident with injuries 5/15/2023 230515-CFA00680 00:00:44 OCEAN AVE SCENIC RD 3 Motor vehicle accident with injuries 5/21/2023 230521-CFA00708 00:03:52 13TH AVE DOLORES ST 3 2 0:02:18
Assist invalid 5/4/2023 230504-CFA00651 00:03:29 CARPENTER ST 5TH AVE 2 Assist invalid 5/21/2023 230521-CFA00706 00:03:22 MISSION ST 10TH AVE 2 Assist invalid 5/24/2023 230524-CFA00720 00:05:38 11TH AVE TORRES ST 2 3 0:04:10
False alarm or false call, other 5/4/2023 230504-CFA00652 00:02:49 SAN CARLOS ST 7TH AVE 3 False alarm or false call, other 5/8/2023 230508-CFA00664 00:02:41 MONTE VERDE ST OCEAN AVE 3 Smoke detector activation, no fire - unintentional 5/22/2023 230522-CFA00709 00:02:23 JUNIPERO AVE 3RD AVE 3 Alarm system activation, no fire - unintentional 5/8/2023 230508-CFA00660 00:03:10 SANTA FE ST S MOUNTAIN VIEW AVE 3 Alarm system activation, no fire - unintentional 5/29/2023 230529-CFA00742 00:02:32 SAN ANTONIO AVE 8TH AVE 3 5 0:02:43

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 05/01/2023 To: 05/31/2023
300-321 Series (EMS)
322-399 Series (Rescues)
500 & 600 Series (Service Calls)
700 Series (False Alarms)
23 05 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) Code 2 Calls 3
Code 3 Calls 24
27 100%
Total Average Response Time 0:03:04
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
23 05 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

BIG SUR
EMS call, excluding vehicle accident with injury 5/8/2023 230508-CFA00661 00:17:37 35550 HWY 1 3 Motor vehicle accident with injuries 5/9/2023 230509-CFA00666 00:16:32 GARRAPATA CREEK / HWY 1 3 Motor vehicle accident with injuries 5/22/2023 230522-CFA00713 00:26:27 45601 HWY 1 3 3 0:20:12

CARMEL HIGHLANDS
EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA00631 00:13:29 115 YANKEE POINT DR 3 EMS call, excluding vehicle accident with injury 5/17/2023 230517-CFA00687 00:10:22 120 HIGHLAND DR 3 EMS call, excluding vehicle accident with injury 5/18/2023 230518-CFA00694 00:12:06 173 FERN CANYON RD 3 EMS call, excluding vehicle accident with injury 5/30/2023 230530-CFA00746 00:07:23 1576 CYPRESS DR 3 Motor vehicle accident with injuries 5/23/2023 230523-CFA00717 00:04:30 27720 HWY 1 3 False alarm or false call, other 5/22/2023 230522-CFA00715 00:14:00 HWY 1 @ GARRAPATA CREEK 2 6 0:10:18

CARMEL VALLEY
EMS call, excluding vehicle accident with injury 5/27/2023 230527-CFA00733 00:06:58 5315 CARMEL VALLEY RD 3 1 00:06:58

CYPRESS
EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA00633 00:05:57 3496 OLIVER RD 3 EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA00634 00:06:49 3230 MACOMBER DR 3 EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA00635 00:05:54 26256 CAMINO REAL 3 EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA00637 00:12:51 24900 PINE HILLS DR 3 EMS call, excluding vehicle accident with injury 5/2/2023 230502-CFA00639 00:08:13 2853 CUESTA WAY 3 EMS call, excluding vehicle accident with injury 5/2/2023 230502-CFA00640 00:06:46 HWY 1 CARMEL VALLEY RD 3 EMS call, excluding vehicle accident with injury 5/3/2023 230503-CFA00643 00:07:15 3601 EASTFIELD CT 3 EMS call, excluding vehicle accident with injury 5/3/2023 230503-CFA00645 00:05:11 3370 RIO RD 3 EMS call, excluding vehicle accident with injury 5/4/2023 230504-CFA00648 00:06:56 26135 3 EMS call, excluding vehicle accident with injury 5/5/2023 230505-CFA00653 00:08:08 2877 PRADERA RD 3 EMS call, excluding vehicle accident with injury 5/8/2023 230508-CFA00659 00:06:36 25740 CARMEL KNOLLS DR 3 EMS call, excluding vehicle accident with injury 5/8/2023 230508-CFA00662 00:03:34 2603 15TH AVE 3 EMS call, excluding vehicle accident with injury 5/8/2023 230508-CFA00663 00:06:57 3601 EASTFIELD CT 3 EMS call, excluding vehicle accident with injury 5/10/2023 230510-CFA00669 00:07:57 2890 RIBERA RD 3 EMS call, excluding vehicle accident with injury 5/11/2023 230511-CFA00670 00:04:06 25080 HATTON RD 3 EMS call, excluding vehicle accident with injury 5/11/2023 230511-CFA00671 00:06:35 25429 OUTLOOK DR 3 EMS call, excluding vehicle accident with injury 5/11/2023 230511-CFA00672 00:06:35 25429 OUTLOOK DR 3 EMS call, excluding vehicle accident with injury 5/12/2023 230512-CFA00673 00:05:37 3495 RIO RD 3 EMS call, excluding vehicle accident with injury 5/12/2023 230512-CFA00675 00:05:17 3495 RIO RD 3 EMS call, excluding vehicle accident with injury 5/12/2023 230512-CFA00679 00:05:34 26254 CARMELO ST 2 EMS call, excluding vehicle accident with injury 5/16/2023 230516-CFA00682 00:06:16 24332 SAN JUAN RD 3 EMS call, excluding vehicle accident with injury 5/16/2023 230516-CFA00683 00:04:58 26600 CARMEL CENTER PL 3 EMS call, excluding vehicle accident with injury 5/15/2023 230515-CFA00681 00:03:49 24815 CARPENTER ST 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 05/01/2023 To: 05/31/2023
23 05 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 5/16/2023 230516-CFA00684 00:06:07 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 5/17/2023 230517-CFA00691 00:07:31 26392 VALLEY VIEW AVE 3 EMS call, excluding vehicle accident with injury 5/18/2023 230518-CFA00692 00:08:54 246 CROSSROADS BLVD 2 EMS call, excluding vehicle accident with injury 5/18/2023 230518-CFA00695 00:10:30 6 CROSSROADS MALL 2 EMS call, excluding vehicle accident with injury 5/19/2023 230519-CFA00698 00:06:41 3601 EASTFIELD CT 3 EMS call, excluding vehicle accident with injury 5/20/2023 230520-CFA00704 00:08:27 HWY 1 / POINT LOBOS STATE RESERVE 3 EMS call, excluding vehicle accident with injury 5/23/2023 230523-CFA00716 00:05:51 555 CARMEL RANCHO SHOPPING CENTER 3 EMS call, excluding vehicle accident with injury 5/24/2023 230524-CFA00722 00:03:17 3600 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 5/25/2023 230525-CFA00724 00:04:18 24832 CARPENTER ST 3 EMS call, excluding vehicle accident with injury 5/26/2023 230526-CFA00728 00:02:17 6 CROSSROADS MALL 3 EMS call, excluding vehicle accident with injury 5/27/2023 230527-CFA00730 00:14:34 1 POINT LOBOS STATE RESERVE 3 EMS call, excluding vehicle accident with injury 5/27/2023 230527-CFA00731 00:05:58 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 5/29/2023 230529-CFA00740 00:05:55 2553 15TH AVE 3 EMS call, excluding vehicle accident with injury 5/29/2023 230529-CFA00741 00:04:54 26360 MISSION FIELDS RD 3 False alarm or false call, other 5/17/2023 230517-CFA00689 00:04:04 HWY 1 / CARPENTER ST 3 False alarm or false call, other 5/17/2023 230517-CFA00690 00:05:56 HWY 1 / OCEAN AVE 3 39 0:06:29

MONTEREY
EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA00632 00:11:53 1575 SKYLINE DR 3 EMS call, excluding vehicle accident with injury 5/1/2023 230501-CFA0636 00:13:00 2511 GARDEN ROAD 3 EMS call, excluding vehicle accident with injury 5/12/2023 230512-CFA00678 00:06:54 23625 HOLMAN HWY 2 EMS call, excluding vehicle accident with injury 5/17/2023 230517-CFA00688 00:10:17 5 ABINANTE WAY 3 EMS call, excluding vehicle accident with injury 5/20/2023 230520-CFA00701 00:07:34 23795 HOLMAN HWY 3 EMS call, excluding vehicle accident with injury 5/20/2023 230520-CFA00703 00:09:11 1501 SKYLINE DR 3 EMS call, excluding vehicle accident with injury 5/24/2023 230524-CFA00723 00:08:56 414 RAMONA AVE 3 EMS call, excluding vehicle accident with injury 5/27/2023 230527-CFA00734 00:15:18 LEAHY RD / SYLVAN RD 2 EMS call, excluding vehicle accident with injury 5/28/2023 230528-CFA00735 00:12:03 345 DELA VINA AVE 3 EMS call, excluding vehicle accident with injury 5/29/2023 230529-CFA00739 00:09:54 351 MADISON ST 3 Cover assignment, standby, moveup 5/22/2023 230522-CFA00712 00:03:00 SOLEDAD AND MUNRUS 2 11 0:09:49

PACIFIC GROVE
EMS call, excluding vehicle accident with injury 5/20/2023 230520-CFA00705 00:14:10 399 DRAKE AVE 3 1 00:14:10

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 5/12/2023 230512-CFA00674 00:08:38 4168 CREST RD 2 EMS call, excluding vehicle accident with injury 5/17/2023 230517-CFA00685 00:09:46 3210 MACOMBER DR 3 EMS call, excluding vehicle accident with injury 5/17/2023 230517-CFA00686 00:06:46 3210 MACOMBER DR 3 EMS call, excluding vehicle accident with injury 5/18/2023 230518-CFA00693 00:08:10 3892 RONDA RD 3 EMS call, excluding vehicle accident with injury 5/23/2023 230523-CFA00714 00:10:00 1630 SONADO RD 3 EMS call, excluding vehicle accident with injury 5/24/2023 230524-CFA00721 00:12:20 3128 SPRUANCE RD 2 EMS call, excluding vehicle accident with injury 5/31/2023 230531-CFA00747 00:10:19 3382 LAURELES LN 3 Motor vehicle accident with injuries 5/23/2023 230523-CFA00719 00:09:15 WHITMAN LN / WHITMAN PL 3 Motor vehicle accident with injuries 5/27/2023 230527-CFA00729 00:12:25 SOMBRIA CT SOMBRIA LN 3 9 0:09:44

SEASIDE
EMS call, excluding vehicle accident with injury 5/4/2023 230504-CFA00649 00:19:44 1875 FREMONT BLVD 2 23 05 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
SEASIDE cont.

Motor vehicle accident with injuries 5/20/2023 230520-CFA00700 00:13:51 DEL MONTE BLVD / MILITARY AVE 3 2 0:16:47
Code 2 Calls 10
Code 3 Calls 62
72 Total Average Response Time 0:12:13
Total # of Incidents
23 05 CFA Activity Report.xlsx 3
District Response Number Average Response Time
Carmel-By-The-Sea 27 3:04
Big Sur 3 20:12
Carmel Highlands 6 10:18
Carmel Valley 1 6:58
Cypress Fire Protection 39 6:29
Monterey 11 9:49
Pacific Grove 1 14:10
Pebble Beach 9 9:44
Seaside 2 16:47
Total Responses 99 10:50
Total Code 3 Calls: 24
CFA Response Times for Code 3
Calls ≤ 5 minutes: 100%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
MAY 2023
Response Summary Report by District Type
Carmel-By-The-Sea
27%
Big Sur
3%
Carmel Highlands
Carmel Valley 6%
1% Cypress Fire Protection
40%
Monterey
11%
Pacific Grove
1%
Pebble Beach 9% Seaside
2% Carmel-By-The-Sea
Big Sur
Carmel Highlands
Carmel Valley
Cypress Fire Protection
Monterey
Pacific Grove
Pebble Beach
Seaside
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\CFA Reports\23 05 CFA Response Summary.xlsx 6/12/2023 City Clerk PRA Request Log
May 2023
request
number
Date
Requested
10-day
response
date
records requested requestor date completed notes
2023-52 5/3/2023 5/13/2023 Planning Commission Meeting minutes - August 19, 2015
Gabriella Giraldo 5/8/2023 Records sent
2023-53 5/12/2023 5/22/2023 previous permits granted for a private residence: 105 Laurel Dr, Carmel Valley Tyler Mangum 5/12/2023 location is in the County.

No responsive docs.

Notified requester
2023-54 5/11/2023 5/22/2023 Water information for the area of "59 Torres St, Carmel" Kumar Manik 5/17/2023 sent response
2023-55 5/25/2023 6/5/2023
a copy of the certificate of liability insurance for the contractor MONTEREY PENINSULA ENGINEERING
that covers the 5/26/2022 date.

Katie Maciej 5/30/2023 no responsive documents
2023-56 5/16/2023 5/26/2023 copy of Solid Waste Franchise Agreement and amendments (Greenwaste) Erin Merrill 5/17/2023 sent records 2023-57 5/3/2023 5/15/2023 Does the city still have the 1% Hospitality Improvement District Assessment? Riz Barkatullah 5/17/2023 sent records (Ord. 2016-01) 2023-58 5/15/2023 5/25/2023
1) City population, if there's a number the city uses,
2) City Administrator compensation 2022-23, 3)
Total wages and benefits paid in 2022-23, 4) Highest
paid city official in wages and benefits 2022-23, 5)
How much Chief Ward was paid Jan. 1, 2023-present
while on leave, and the cost of paying an interim
Chief since Jan.

Pam Marino 5/18/2023
sent records for items 1-4,
item #5 is pending a
separate report.
2023-59 5/25/2023 6/5/2023
1) copies of all contracts between Carmeel and the
consultant for the "6th RHNA Cycle Housing
Element" and, contract with consultant for most
recent general plan update. 2) most recent agenda
report distributed to Council pertaining to the
status of Carmel's application to Hcd for
certification of its updated housing element.

Jane Haines 6/2/2023 records sent
2023-60 5/1/2023 5/11/2023
Property files for the Wolfe's residence at San
Antonio 2 SE of 9th (APN 010-277-011-000) and their
neighbors the Sandvicks residence located at
Carmelo 3 SW of 9th (APN 010-277-003-000),
including any tree permits, photos, correspondence
, emails in regard to the Wolfes buckeye tree near
their fence line that was pruned.

Jennifer Delja 5/1/2023 &
6/14/2023
partial records sent on
5/1/2023, need clarification
on the rest. Remaining
records sent on 6/14/2023.

Attachment 4
Police Records Request Log
May 2023
Request Date &
Received By 10-Day Due Date Date Completed
by PSO Requestor Info Requested
05-09-2023 ALI 5/19/2023 Christopher Blasdale Police Report, Statements from alleged victim
05-09-2023 ALI 5/19/2023 Carmen Garcia Diaz Copy of Updated Report CG2300038 05/16 mw 5/26/2023 5/31 DA Board of Register nursing certified record CQ2300165 5/1/23 DA 5/11/2023 5-10 DA Dennis Laurents picked up from station 05/19/23 mw ASAP 5/19 DA MOCO PUBLIC DEFENDER -
EMAIL
RIPA
5/24/2023 6/4/2023 6/2/23 DA Carly Waters CC2200493
5/19/23 DA 5/29/2023 5/19 DA Law Office of Aron Mandl CQ1900675 06/10 JK Jessica Seagraves CG2300227
6/13/2023 6/23/2023 Dunnion Law Firm CC2200585
Attachment 4

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

City Council Meeting of May 2, 2023
• Read a Proclamation declaring May 21-27, 2023 National Public Works Week - Ready and Resilient, in Carmel-by-the-Sea.
• Adopted Resolution 2023-046 awarding a $50,000 Purchase Order to Pacific Redwood Products for lumber and materials to be installed by Carmel Cares for the Scenic Pathway Barrier Rails Project.
• Adopted Resolution 2023-047 authorizing a 3-year Master Funding Agreement with TAMC for Regional Surface Transportation Program funding, with an allocation of $60,800. • Public Works Director updated Council on the Capital Improvement Program (CIP) including:
13 projects completed in FY 23, 25 incomplete projects from FYs 22 and 23, valued at $6.7M, to be carried-over into FY 24, 16 new CIP projects for FY 24, valued at $2.3M, and an update to the 5-Year CIP with potential future funding needs. With external funding, the total capital investment as of July 1, 2023 will be $10.9M.

Planning Commission Meeting of May 10, 2023
• Planning Commission adopted a resolution finding the proposed CIP carry-over and new projects to be consistent with the General Plan.

Forest and Beach Commission Meeting of May 11, 2023
• Denied tree pruning permit TR 23-017 for trees and shrubs located in the public right-of-way along San Antonio Avenue, 2 southwest of Second Avenue. Directed staff to prune and maintain these City-owned trees and shrubs to best forestry practices, regardless of the competing desires of property owners located on both sides of these trees. • At the northeast corner of Ocean Avenue and Guadalupe Street, continued a Public Hearing regarding pruning an acacia tree branch until a neighbor can testify at the June meeting. • At the northeast corner of Fourth Avenue and Camino Real, approved removal of four oak trees and required replanting of three upper canopy trees. Also requested Applicant to monitor two additional trees, but should they further decline, permit fees for the same trees should be waived.
• Deferred until the June meeting an introduction of the Urban Forest Citizen’s Advisory Group due to illness by Bill Taormina, the group’s leader.
• Presented the Public Works Report, including the Forestry Division update, for April 2023.

Attachment 5
Public Works Department Report – May 2023

Traffic Safety Committee Meeting of May 30, 2023
• As old business, reviewed an Applicant’s request for a wooden fence along the west side of Carpenter Street, just south of the City limits, or other measures to slow traffic and enhance pedestrian safety. Reviewed a speed study’s results demonstrating average speed of 28 mph, and a conversation with Monterey County Traffic operations. Motion passed to submit an encroachment permit to the County to install a new City “Reduce Speed Ahead” sign, and to perform another speed survey a few months after the sign is installed. • Discussed Friends of Mission Trail Nature Preserve (FOMTNP) request to prohibit bicycles and e-bikes in the Preserve. Committee discussed embankment erosion problems caused by bikes, and patrol and enforcement challenges. Committee moved to continue item until representative of FOMTNP appear, and to gather statistics on prior bike complaints, existing bike signs, and any bike-prohibiting governing documents, and return at the next meeting.

Administration
• Environmental Programs Manager Mary Bilse began on May 16th. Initial projects include Greenwaste Recovery rate increase, Coastal Engineering Study, adoption of new Stormwater Ordinances, and North Dunes Habitat Restoration projects. • For the City Forester position, final interviews were held, an offer was made and accepted, and the candidate is currently in background check with a tentative start date in July. • Celebrated National Public Works Week with a luncheon and backhoe rodeo games – a great teambuilding event.
• Monterey Fire provided training on CPR and First Aid to all Public Works staff. • Administrative Coordinator Yvette Oblander and Environmental Technician Jessica Juico attended the Annual Women’s Leadership Summit in Oakland. • Met with representatives of the California Department of Water Resources to review flood insurance programs, ordinance, and training opportunities. • For the Scout House RFP for renovation, activities programming, and facility management, received questions from potential proposers and provided responses. Also updated staff report, 2 resolutions, and presentation for the second Public Hearing for June 6th. • Checked draft Budget Book for FY 2023/24 and made edits regarding the Public Works operating budget and CIP sections. Also responded to questions from the public. • Community Planning & Building and Public Works managers met to review development review processes and considered streamlining measures. Started to develop a Construction Management Plan template for larger development projects.

Carmel Cares
• Council approved a $3,000 Discretionary Grant to Carmel Cares for proposed upgrades at the Vista Lobos park.
• MPC horticulture professor, Alan Wheat, took his Native Plant Class to the Forest Theater where they planted native grasses and plants to supplement landscaping recently installed by Carmel Cares.
• A pathway was cleared out behind the Forest Theater fencing as requested by neighbors, and the seating area was cleaned prior to Pac Rep performances. • At the North Dunes Habitat Restoration Site, coordinated with volleyball player volunteers to pull weeds out of ice plant and amongst endangered species. • Completed Phase I of the landscaping improvements in the Post Office parking lot.

Environmental Programs
• Coordinated with ReGen Monterey consultant, HF&H, who performed a rate increase review for GreenWaste Recovery, and with ReGen staff regarding a second Amendment to Attachment 5
Public Works Department Report – May 2023

the Memorandum of Understanding regarding SB 1383 implementation programs and cost sharing. Prepared staff report, resolution, and presentation for the June 6 th Council
meeting, with a 3.71% rate increase to take effect on July 1st. The City’s 13% franchise fee for Fiscal Year 2023/24 is estimated at $443,074.
• Received Used Oil Recovery program materials from Monterey County Environmental Health Department, and will submit authorization letter for Council approval in July. • New Environmental Programs Manager reviewed the updated Storm Water ordinances for first reading/Public Hearing at an upcoming Council meeting. • For the Coastal Engineering Study, the Project Team reviewed the preliminary findings of Task 2, which includes historical beach sand movement, coastal tide patterns, and future changes due to climate change. Consultant EMC/Integral also prepared an application for a non-competitive Coastal Commission LCP grant, requesting over $418k, for future phases of the Coastal Engineering Study. Grant application being reviewed by staff. • The quarterly GreenWaste Recovery report indicated that Carmel’s trash diversion rate, for recycling and organics, increased. However, total tonnage of trash generated in the City also increased.
• Participated in Snapshot Day with the California Marine Sanctuary Foundation to help protect the Monterey Bay National Marine Sanctuary.

Facility Maintenance
• Baxter Electric completed installation of electric vehicle connections at the City Hall north parking lot and in the Public Works garage.
• Thayer Construction completed installation of a new concession counter at Sunset Center. • Chris Dinner Heating repaired downspouts and installed leaf traps at Sunset Center. • For a room behind the stage at Forest Theater, the roof, punctured by a falling tree limb during a January storm, was repaired by Ross Roofing. Seeking FEMA reimbursement funds. • PureServe provided detailed cleaning and floor waxing of many City buildings, including at Flander’s Mansion.
• Dismantled and hauled away old shelving and supported assembly of new shelving at the Park Branch Library (PBL).
• Exterior lights were repaired in the PBL parking lot and at the Police station. • Obtained quotes to purchase, rather than continue to rent, three ADA-accessible portable toilets and two hand washing sinks at the Forest Theater. Appears that the capital investment will pay for itself in just one year.

Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Project, final scope of work, schedule, and fee negotiations were held with Indigo architects. The selection process and outline of work to be provided by Indigo was discussed with the Council Ad Hoc committee. With a 19% contingency, a $300k Professional Services Agreement with Indigo will be presented at the June 6th Council meeting.

Ausonio, Inc. Projects:
• For the $213,600 City Hall Retaining Wall Repair Project, contractor Rehak General Engineering hit the ground running in May. The redwood planter wall was demolished, the historic building wall was shored by helical piles, and a steel-reinforced concrete foundation wall with keyed footing was constructed. The project is well ahead of schedule and on budget. • For the City Hall Roof Replacement, HML Exterior/Interior Painting, Sunset Center Exterior Painting, and Cottage Windows Repairs, 10 Over Studios and Ausonio submitted a 95% bid Attachment 5
Public Works Department Report – May 2023

package for review, and submitted the package for a building permit readiness review.

Review comments are in progress.
• For the Facility Condition Assessments Report for four City buildings, final review comments to the draft report, prepared by Bureau Veritas, were returned for corrections and editing. • Ausonio and staff examined the condition of the failing wooden fence along the San Antonio Pathway, between Second and Fourth Avenues, and a preliminary game plan was developed.

Wallace Group Projects:
• For the Mission Trail Nature Preserve (MTNP) Well Abandonment and Water Tank/Pump House Removal Project, the project was advertised for bids effective May 8th, and a wellattended pre-bid meeting was held on May 24th .
• Schaaf & Wheeler Engineers presented their final Storm Drain Master Plan Update to the Project Team. Final edits to the report are in progress. • For the Concrete Streets Repair Project, review comments by Wallace Group and staff were sent to BKF Engineering for corrections, and BKF submitted revised 30% plans. Significant changes in scope and fee were evaluated to include the 3 intermediary cross streets along Ocean Avenue, between Monte Verde Street and San Antonio Avenue. Specifically, the Project Team now recommends including the returns of the cross streets, up to the sidewalk crossings both north and south of Ocean, into the project to be consistent with the new road surfacing along Ocean Avenue.
• Initial discussions and a field walk were performed for Wallace Group to design the FY 23/24 city-wide Paving Project, including 5 street overlays, 20 slurry seals, and 7 sidewalk repairs.

Having Wallace Group prepare this design themselves, rather than overseeing the design by a third party, will save time and money.

Additional CIP Projects:
• For the MTNP 3 Drainage Improvements Project, additional back and forth questions and answers continued with the California Department of Fish and Wildlife and the Water Quality Control Board prior to issuance of these regulatory permits which have delayed this project. • For the Electrical Panel Upgrades and Sunset Center Meter Replacement Projects, and EV Charging Stations in the Vista Lobos parking lot, we continued to review scope of work and fee proposals from Advance Design Consultants. A Professional Services Agreement is being prepared and anticipated to be presented to Council in July. • Neill Engineers completed the FY 2019/20 Paving Project plans, removing paving on Junipero and Fifth to phase in underground drainage improvements, and San Carlos Street median islands. Staff is updating the contract documents with bid advertising projected by late June. • The electric Street Sweeper has been assembled overseas. Delivery was delayed by several months, but is now expected by mid-July.

Street Maintenance
• Collaborated with Monterey Fire and Carmel Police to consider alternatives for beach emergency access resulting from the January storms which destroyed the preferred beach access ramp near Eighth Avenue. At the west of the Del Mar parking lot, relocated a boulder, installed a chain, deflated tires, and successfully test drove fire, police, and public works vehicles down to the tide line and back up into the parking lot. • Rented a bobcat and spread sand up the embankment near the Del Mar parking lot and west of the volleyball courts to cover over exposed sandstone. • Installed the dry weather diversion steel plates in the storm drain inlets along the shoreline to prevent any summer storm flows from entering onto Carmel beach and into the ocean. • Cleared out more piles of fire fuel and debris from MTNP, with many more piles remaining.

Attachment 5
Public Works Department Report – May 2023

• Prepared for the Memorial Day Holiday weekend by cleaning sidewalks, providing additional trash bins, supporting events, and weekend staffing.
• Street crews began the Annual Traffic Painting Program which includes painting traffic stripes, pavement legends and markings, and painted curbs, and thermoplastic markings. • Continued to meet with and provide backup information for potential FEMA reimbursement for damages resulting from the January storms.
• Met with PG&E staff liaison to review a multitude of PG&E and City issues, including updated contact lists, undergrounding utilities, joint pole issues, and electric vehicle programs. • Completed updating Public Works fees for services, such as encroachment and tree permits.

Forestry, Parks, and Beach
 Davey Resource Group continues making good progress with technical studies associated with development of the Urban Forest Master Plan (UFMP). They are nearing completion of the GIS mapping and operational review, halfway done with the tree canopy and land cover assessments, and starting on the economics analysis and stakeholder interview questions.  Coordinated with Cal Fire and provided additional backup information for reimbursement of approximately $89k of the $150k grant for the UFMP.
 Thirteen (13) applications were submitted by the May 26th deadline for candidates to serve on the UFMP Steering Committee which will supplement the Forest and Beach Commissioners during upcoming presentations and workshops. The first community workshop will be during the week of July 10th, and Davey will seek Commission visioning for the future of the urban forest at the July 13 Commission meeting,
• On-call tree services contractors Community Tree Service, Tope’s Tree Service, and West Coast Arborist were awarded contracts with initial amounts of $30k, $60k, and $60k, respectively, for FY 2022/23. Due to March storms recovery, these funds have been exhausted by $33,236. At the June 6th meeting, Council will be asked to approve Change Orders #1 to increase the contract budgets by this amount for the remainder of this FY, plus approve Change Orders #2 to award each contractor $175k for FY 2023/24, for a total of $525k.
• Prepared a Professional Services Agreement with Justin Ono, of Ono Consulting, to provide consulting arborist services on an on-call, as-needed basis for up to $100k through June 30, 2025. Agreement submitted for Council approval at the June 6th meeting. • On-call landscape maintenance contractor, Town & Country, continues working on numerous task orders covering a wide range of landscaping services. • The local workshop for the Community Wildfire Protection Plan was attended by roughly 30 residents. Preliminary findings can be found via a link on the City website’s main landing page.
• Forestry crews continued with dangerous tree removals, hanger removals, debris clearing, and chipping. The most hazardous trees from the winter storms have been removed, but second tier, potentially-hazardous trees remain to be removed or pruned. • The Powerpoint presentation, entitled: “City Prioritization, Data, and Actions Related to Tree Concerns,” as presented to the Forest and Beach Commission in April 2023, was posted on the City’s Forestry website and is available from the following link:
https://ci.carmel.ca.us/post/additional-forestry-division-resources . Private Development Activities
Attachment 5
Public Works Department Report – May 2023

Attachment 5
Public Works Department Report – May 2023

City Forestry, Parks, and Beach Activities
* Numbers only represent correspondences received via the City’s website and do not include live calls, voicemails, and emails sent directly to employees from residents, nor eturn calls and emails from employees.

Attachment 5
Public Works Department Report – May 2023

Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

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

Approve the check register for May 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 May 2023.

FISCAL IMPACT:

The check register summary for May 2023 totals $1,296,834.63.

PRIOR CITY COUNCIL ACTION:

Council ratified the April 2023 check register at the June 6, 2023, regular meeting.

ATTACHMENTS:

Attachment 1) May 2023 Check Register Summary
Check No. Transaction Date Amount
51312 CRID Remittance Q1 2023 05/31/2023 51,773.91
Total for Department: 000 ___ 51,773.91
51207 Mail service sorting and delivery 05/05/2023 5,229.00 Total for Department: 110 City Council 5,229.00
51179 Data and cloud storage fees 05/05/2023 1,909.17
51183 Telephone service citywide 05/05/2023 2,289.91
51188 Legal noticing 05/05/2023 795.00
51193 Shipping fees-Business office 05/05/2023 19.44
51195 Records storage service 05/05/2023 402.25
51203 Xerox Copier Usage fees - All city copiers 05/05/2023 2,599.35 51204 Current year Pension Consulting:Bond arbitrage and compliance re 05/05/2023 3,700.00 51205 Office supplies - Admin 05/05/2023 192.72
51214 Annual contract Enterprise Agreement:Cloud Platform per quote 05/05/2023 21,765.68 51215 Professional services relating to accounting software usage 05/05/2023 622.00 51217 Monthly cell service, usage and purchases 05/05/2023 1,520.04 51220 Temporary staffing services:Front desk, City Hall 05/05/2023 2,318.00 51223 Usage and purchase charges 05/05/2023 328.93
51225 Xerox copier leases citywide 05/05/2023 4,576.11
51227 Telephone service citywide 05/11/2023 1,046.42
51229 Panetta speaking event - City Admin ticket 05/11/2023 100.00 51231 Agenda printing services 05/11/2023 623.82
51235 Website support agreement:Maint, training, security and updates 05/11/2023 700.00 51237 Traffic Congestion Reduction and Parking Management Program 05/11/2023 9,063.05 51242 Temporary staffing services:Front desk, City Hall 05/11/2023 2,318.00 51245 Temporary payroll assistance services 05/11/2023 13,183.20 51246 Bus Office furniture delivery and installation 05/11/2023 11,049.56 51261 Legal noticing 05/19/2023 819.00
51269 Migration of Active Network Servicer 05/19/2023 1,880.00 51275 Office supplies - Admin 05/19/2023 330.13
51279 Postage-meter refills 05/19/2023 3,406.05
51291 IIMC Membership City Clerk 05/19/2023 185.00
51291 IT Subscriptions ConstantContact 05/19/2023 70.00 51291 IT Subscriptions Junction Networks 05/19/2023 1,145.06 51291 HR Subscriptions MetroFax 05/19/2023 11.95
51291 IT Subscriptions Junction Networks and Microsoft 05/19/2023 1,626.32 51291 IT Subscriptions Zoom, Adobe, Google, BackBlaze 05/19/2023 2,474.97 51291 IT Subscriptions Equipment 05/19/2023 547.91
51291 HR Subscriptions MetroFax 05/19/2023 11.95
51291 IT Subscriptions Junction Networks 05/19/2023 847.82 51291 IT Subscriptions Microsoft, Freshworks, Zoom, Google, Adobe, Apple 05/19/2023 2,404.81 51295 Water service City Hall 05/31/2023 250.11
51297 Legal noticing 05/31/2023 487.50
51298 Financial audit FY 2022-23 05/31/2023 4,000.00
51299 City Hall cable services 05/31/2023 146.77
51300 MOM Financial system monthly fee 05/31/2023 720.79 51301 Mileage & parking reimbursement - MMANC Women's Leadership Summi 05/31/2023 119.32 51302 MMANC Conference expenses 05/31/2023 189.34
51305 Xerox Copier Usage fees - All city copiers 05/31/2023 517.87 51306 Traffic Congestion Reduction and Parking Management Program 05/31/2023 20,308.25 51307 Professional services relating to accounting software usage 05/31/2023 141.75 51309 Temporary staffing services-City Hall front desk 05/31/2023 6,084.75 51310 PW Appreciation Breakfast 05/31/2023 329.59
51310 NYT Digitial Subscription 05/31/2023 17.00
Visit Carmel
Department: 000 ___
Vendor/Employee
May 2023 Check Register
US Bank
MRC
NHA Advisors
FedEx
Iron Mountain
AT&T
Carmel Pine Cone
Department: 111 City Administration
Amazon Web Services Inc
Department: 110 City Council
Peninsula Messenger LLC
Carmel Rotary Club
Copies By-The-Sea
Xerox Financial Services
AT&T
Universal Staffing Inc
Verizon Wireless
Springbrook Software
T-Mobile
Office Depot, Inc.

Softchoice Corporation
Pitney Bowes Bank Inc Purchase Power
US Bank
J 4 Systems
Office Depot, Inc.

Solutions Office Interiors, Inc
Carmel Pine Cone
Universal Staffing Inc
Robert Half
Digital Deployment
Municipal Resource Group, LLC
Municipal Resource Group, LLC
Springbrook Software
Juanita Menig
MRC
Corbin Willits System
Afza Irani
Chavan and Associates, LLC
Comcast
Alhambra
Carmel Pine Cone
Universal Staffing Inc
US Bank
US Bank
US Bank
US Bank
US Bank
US Bank
US Bank
US Bank
US Bank
US Bank
Attachment 1
51310 AICP membership 05/31/2023 727.00
51310 HR Subscriptions Checkr 05/31/2023 35.00
51310 Meeting expense 05/31/2023 106.17
51311 Usage and purchase charges 05/31/2023 1,321.60
Total for Department: 111 City Administration 132,386.43 51184 Legal fees: Telecommunication 05/05/2023 5,935.00 51187 Legal services 05/05/2023 55,823.50
51213 Legal services 05/05/2023 3,450.00
51287 Legal services 05/19/2023 3,097.50
Total for Department: 112 City Attorney 68,306.00
51233 FY 22-23: Building Dept. - Plan Review Svcs. 05/11/2023 1,710.00 51234 FY 22-23: Planning Dept. - Financial Svcs. 05/11/2023 212.22 51240 Public Notice Postcards - Split Acct. 05/11/2023 675.10 51243 INT'L CODE COUNCIL - ECPA-'15 IECC 1Y 05/11/2023 28.65 51243 iWorQ USB Credit card machine 05/11/2023 54.00
51243 Housing Element Meeting 05/11/2023 46.50
51244 DT 1.5 - Step 6: Develop Draft 1 05/11/2023 12,650.00 Total for Department:115 Community Planning & Building 15,376.47 51176 Water service Police Dept 05/05/2023 232.16
51177 Travel - Police Chief Retreat 05/05/2023 822.39
51178 CERT expenses PD 05/05/2023 973.22
51181 Travel expenses-Firearms Course 05/05/2023 226.00 51185 CritiCall Annual Softeware License Renewal-Exp 3/22/2024 05/05/2023 2,024.93 51197 PD Auto repairs 05/05/2023 319.92
51198 Travel - Police Chief Retreat 5/22-5/24/2023 05/05/2023 176.00 51201 Coridca Law Enforce. Wellness App renewal 5/1/23-4/30/2024 05/05/2023 2,849.05 51209 Performa Course fee 05/05/2023 2,440.00
51210 Police Dept-Badges and insignia 05/05/2023 308.13 51216 PD:Digital iris services 05/05/2023 75.00
51219 Ticketing Platform for Pd-Subscription renewal 05/05/2023 18,211.24 51221 WhentoWork software PD 05/05/2023 3,335.02
51230 FY 22-23 Fuel charges PD 05/11/2023 3,867.98
51232 PD:Cellular access/telephone calling and access 05/11/2023 6,173.13 51256 PD Supplies and equipment 05/19/2023 1,380.91
51265 Police Dept copier lease 05/19/2023 161.70
51266 PD:Fingerprinting services 05/19/2023 32.00
51268 PD Mouthpiece ASIV or ECIR 05/19/2023 154.73
51283 PD-Document shredding services 05/19/2023 45.00
51299 PD Cable services 05/31/2023 342.37
Total for Department: 116 Police 44,150.88
51180 Housekeeping supplies-Fire Dept 05/05/2023 178.62 51190 FY 22-23 Fire Dept vehicle repairs 05/05/2023 933.82 51202 Fire Dept laundry service 05/05/2023 154.98
51226 Water service Fire Dept 05/11/2023 143.28
51230 Fire Dept gas expense (E15) 05/11/2023 677.46
51232 Fire Dept:Cellular access/telephone calling 05/11/2023 1,170.72 51273 Fire Dept laundry service 05/19/2023 263.07
51303 Fire Dept laundry service 05/31/2023 138.34
51308 Parts and service repairs 05/31/2023 715.25
Total for Department: 117 Fire 4,375.54
51196 Refund per MOU - Uniform pants 05/05/2023 181.07
51208 Ambulance Dept-Oxygen/hazardous materials transport service 05/05/2023 90.30 US Bank
US Bank
US Bank
US Bank
US Bank
Department: 115 Community Planning & Building
CSG Consultants, Inc.

Sloan Sakai Yeong & Wong
Burke,Williams & Sorensen, LLP
Sloan Sakai Yeong & Wong
Department: 112 City Attorney
Best Best & Krieger, Attorney At Law
Verizon Wireless
Anthony Gotelli
Biddle Consulting Group Inc
Allegretto Vineyard Resort
Amazon Capitol Services
Department: 116 Police
Alhambra
US Bank
Winter and Company
De Lage Landen Financial
Quality Print & Copy
Carmel Towing & Garage
County of Monterey IT Dept
United Public Safety, Inc-Attn: Accts Rec
US Bank
Point Emblems
T2 Systems Canada Inc.

Lexipol LLC
Performa Labs, Inc
Javier Auto Services
Jeff Watkins
City Of Monterey
Mission Linen Service
Department: 117 Fire
American Supply Company
Same Day Shred
Comcast
Department of Justice/Accounting Office
Intoximeters
Amazon Capitol Services
De Lage Landen Financial
Peninsula Welding & Medical Supply, inc.

Department: 118 Ambulance
Isaac Eckel
Mission Linen Service
Stryker
County of Monterey IT Dept
Mission Linen Service
Alhambra
Carmel Towing & Garage
Attachment 1
51228 Medical supplies 05/11/2023 629.85
51230 Amb Dept gas expense (7166) 05/11/2023 1,148.23
51260 Medical supplies 05/19/2023 1,830.51
51265 Ambulance Copier lease 05/19/2023 71.01
51274 Fire Dept-janitorial supplies 05/19/2023 100.72
51278 Ambulance Dept-Oxygen/hazardous materials transport service 05/19/2023 69.62 51294 Ambulance billing service 05/19/2023 5,007.26
Total for Department: 118 Ambulance 9,128.57
51182 Fabrication and install Copper gutters at Carmel Fire Depts. 05/05/2023 722.00 51188 Legal noticing-4/14/23 #2315MND013 05/05/2023 425.00 51191 Travel - FM Expo in SFO 05/05/2023 190.32
51199 2023 Local Streets and Road Needs Assessment 05/05/2023 200.00 51205 PW/FM/Forestry - Office Supplies FY 2023 05/05/2023 87.14 51206 Service work for elevator and dumb waiter 05/05/2023 1,319.67 51211 Supplies for Forestry 4/3/23 #446709-4 05/05/2023 4,171.57 51212 HML and PBL burglar alram system 4/15/23 #2216303 05/05/2023 231.00 51218 On call landscape service for City 05/05/2023 10,000.00 51220 Temporary staffing services-PW Louise Bradley-Forestry 05/05/2023 1,700.00 51221 Supplies for PW-RC1816 4/6/23 05/05/2023 56.86
51221 PW & PD food for staff during storms 05/05/2023 664.30 51221 Annual renewal fee APWA 05/05/2023 229.00
51224 Street Sweeper Charging Station 05/05/2023 3,422.00 51241 Conf. Order #M8OP9C0NX9 -Stump Grinder 05/11/2023 7,236.33 51257 Locksmith ervice for City Facilities 05/19/2023 413.85 51258 Microbial Source Tracking 05/19/2023 13,705.98
51262 PW Streets - Fuel for PW vehicles 05/19/2023 2,111.33 51263 PW Uniform Service 21/22 FY 05/19/2023 515.21
51264 Tree work as directed by City Forester 05/19/2023 16,547.24 51267 Portables for Forest Theater - 05/19/2023 1,062.19 51271 Tree work as directed by PW/Forestry 05/19/2023 9,896.55 51272 FACILITY MAINT. DIVISION - Supplies 05/19/2023 27.32 51275 PW/FM/Forestry - Office Supplies FY 2023 05/19/2023 71.91 51276 Arboriculture Consulting 05/19/2023 7,200.00
51281 Janitorial services 05/19/2023 21,141.35
51282 Emergency tree work in city -Storms #786 3/27/23 05/19/2023 9,900.00 51284 Chainsaw supplies 3/24/23 446579-4 05/19/2023 979.23 51286 PW fire system instal 3154.28/ PW security system upgrade 644.58 05/19/2023 1,318.29 51288 Tree services citywide as directed by City Forester 05/19/2023 14,453.50 51289 On call landscape service for City 05/19/2023 2,820.00 51290 Temporary staffing services-PW Louise Bradley-Forestry 05/19/2023 3,761.08 51291 Earth Day promotional items 05/19/2023 225.88
51293 Contract tree work 05/19/2023 18,652.70
Total for Department: 119 Public Works 155,458.80
51239 Storage Unit - Document storage 05/11/2023 353.00 51270 Professional architectural services Library 05/19/2023 11,188.70 Total for Department: 120 Library 11,541.70
51189 Nonrefundable sanitation fee for use of space for Homecrafters' 05/05/2023 100.00 51194 Memorial Day Ceremony 2023 sound 05/05/2023 1,725.00 51261 2023 calendar ad 5.12.23 05/19/2023 425.00
51304 FY 23-24 farmers' market Health DepartmentCEO/CFM PERMIT fee 05/31/2023 1,208.00 51310 Earth Day craft supplies & lunches 05/31/2023 107.95 Total for Department: 121 Community Activities 3,565.95 51238 Citywide gas & electric services 05/11/2023 15,714.20 51277 Citywide gas & electric services 05/19/2023 1,702.73 Bound Tree Medical LLC
Carmel Pine Cone
Cleve Waters
Department: 119 Public Works
AR Gutters & Sheet Metal Inc.

Peninsula Welding & Medical Supply, inc.

Wittman Enterprises, LLC
De Lage Landen Financial
Monterey Sanitary Supply
Carmel Towing & Garage
Bound Tree Medical LLC
Wm Baxter Electric
U.S. Direct LLC
Universal Staffing Inc
US Bank
Sentry Alarm Systems
Town and Country Gardening
Otis Elevatior Company
Scarborough Lumber & Building
League of California Cities
Office Depot, Inc.

US Bank
US Bank
Office Depot, Inc.

Ono Consulting
John Ley's Tree Service
M & S Building Supply
Community Tree Service
Golden State Portables
Carmel Towing & Garage
Cintas Corporation
American Lock & Key
Applied Marine Sciences
West Coast Arborists Inc .

Universal Staffing Inc
US Bank
Tope's Tree Service Inc.

Town and Country Gardening
Scarborough Lumber & Building
Sentry Alarm Systems
Pureserve Building Service
Rodriguez tree Service LLC
Monterey County Health Department
US Bank
Glastonbury Inc
Carmel Pine Cone
Department: 121 Community Activities
Carmel Woman's Club, Inc
Jayson Architecture
Department: 120 Library
Pacific Grove Self Storage
Pacific Gas & Electric
Department: 130 Non-Departmental
Pacific Gas & Electric
Attachment 1
51280 Gen Liability Program 1 Q3 Jan-Mar 2023 05/19/2023 21,341.60 51296 Water service citywide 05/31/2023 12,575.70
Total for Department: 130 Non-Departmental 51,334.23
51186 Concrete Street Repairs - CIP 05/05/2023 18,844.92 51218 Beautification Upper Ocean Pathway 05/05/2023 12,760.00 51259 HML Generator 05/19/2023 10,580.00
51285 Storm Drain Master Plan 05/19/2023 7,155.00
51292 Project managment:CIP MTNP well, tank, and pump house abandonmen 05/19/2023 4,563.75 Total for Department: 311 Capital Projects 53,903.67
51222 CBTS 2012 Taxable Pension 05/05/2023 690,303.48
Total for Department: 411 Debt Service 690,303.48
Grand Total 1,296,834.63
Contract Amt Paid thru May Contract Balance
$ 25,476.00 107,730.00 $ 82,254.00 $
$ 2,602,822.31 2,839,443.00 $ 236,620.69 $ Fire Admin
$ 4,022.50 41,840.70 $ 37,818.20 $
$ 232,554.85 250,000.00 $ 17,445.15 $
$ 47,378.75 179,800.00 $ 132,421.25 $
* FY2022-2023 Budget
Town and Country Gardening
Ausonio, Inc
Department: 311 Capital Projects
BKF Engineers
Cal-Am Water Company
Prism Public Risk Innovation
Pureserve *
4Leaf Inc.

Vendor
Pen Messenger
City of Monterey *
J4 Systems
US BANK St. Paul
Department: 411 Debt Service
Schaaf & Wheeler Civil Engineers
Wallace Group
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Programs Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Letter authorizing the County of Monterey to execute all documents necessary to continue to implement the annual Used Oil Payment Program on behalf of the City during FY 2023/24
RECOMMENDATION:

Authorize the City Administrator to send a letter authorizing the County of Monterey to execute all documents necessary to continue to implement the annual used Oil Payment Program on behalf of the City during Fiscal Year 2023/24.

BACKGROUND/SUMMARY:

For over 15 years, the Monterey County Environmental Health Bureau has successfully collaborated with the City and other local municipalities to implement a countywide Used Oil and Filter Recycling Program.

This program is funded by an Oil Payment Program (OPP) grant from the California Department of Resources Recycling and Recovery (CalRecycle). The Monterey County Environmental Health Bureau has served as the administrator of the OPP on behalf of all cities and the unincorporated area of the County, resulting in the leveraging of resources and consistency in outreach efforts.

In Fiscal Year (FY) 2021/22, the County collected 181,145 gallons of oil and 30,000 used oil filters for proper disposal. The County also ran 120 ads through various media outlets, including radio, newspaper and online. In addition, the filter exchange program also provided 85 filter vouchers during Community Clean Up Days. Additional program highlights are included in the County’s letter to the City (Attachment 1).

In order to continue this successful partnership, the City must each year provide a letter (Attachment 2) authorizing the Monterey County Environmental Health Bureau to act as the lead agency to administer the OPP.

FISCAL IMPACT:

The program is funded by a CalRecycle grant and thus does not impact the City’s budget.

PRIOR CITY COUNCIL ACTION:

Council authorized sending similar letters on July 6, 2021 and June 6, 2022 to continue the Used Oil Program.

ATTACHMENTS:

Attachment 1) Letter from Monterey County DH and Annual Report Attachment 2) Letter to Monterey County
May 22, 2023
Chip Rerig
City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921
Dear Mr. Rerig:

Each year the Monterey County Environmental Health Bureau (EHB) requests a letter of authorization from the City Administrator or designee authorizing the County of Monterey to execute all documents necessary to continue to implement the annual Oil Payment Program Cycle 14 (OPP14) on your city’s behalf. A sample letter is enclosed for your convenience. We request that you return the signed authorization letter to our office by June 16, 2023 to ensure timely submittal to CalRecycle.

For over 15 years, the EHB has administered a successful countywide Used Oil & Filter Recycling Program on behalf of all cities and the unincorporated area of Monterey County. The Program is funded by a grant from the California Department of Resources Recycling and Recovery (CalRecycle) and supports used oil and filter recycling activities throughout the County. Enclosed is the FY 2021-2022 Annual Report Summary detailing the activities, outreach events and volume collected as a result of this program. Below are a few highlights of program activities:
 Ran over 120 ads in English and Spanish through various media outlets including radio, newspaper and online,
 Filter exchange program provided 85 filter vouchers during Community Clean Up Days  Collected 181,145 gallons of used oil and 30,000 used oil filters.

Continuing to pool funds allows both the Cities and County to continue to achieve greater efficiencies by maximizing resources, allowing consistency in outreach efforts, and preventing duplication of labor. I look forward to continue working with your city in providing used oil and filter recycling services to our community.

Please contact Recycling Services at (831) 755-4579 should you need further information regarding this program.

Sincerely,
Ric Encarnacion, REHS, MPH
Bureau Chief, Environmental Health Bureau
DocuSign Envelope ID: 53D0992F-242E-40DF-BE46-ED1403CF5ECF Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

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

Resolution 2023-068 designating Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternative voting delegate at the 2023 annual League of California Cities Conference
RECOMMENDATION:

Adopt Resolution 2023-068 designating Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternative voting delegate at the 2023 annual League of California Cities Conference.

BACKGROUND/SUMMARY:

Every year, the League of California Cities (LOCC) convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The City’s voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, the voting delegate and up to two alternates must be designated by the city council. Designating the voting delegate and alternates must be done by city council action (Resolution) every year and cannot be accomplished by individual action of the mayor or city manager alone. The voting delegate and alternates must be registered to attend the conference.

This year, Mayor Potter and Mayor Pro Tem Richards are registered to attend the League of California cities General Assembly. Adopting Resolution 2023-068 (attachment 1) designating Mayor Potter and Mayor Pro Tem Richards as the voting delegate and alternate, respectively, and submitting a copy with the voting delegate form (attachment 2) by the deadline of August 28, 2023, will ensure that the City of Carmel-by-the-Sea will have a vote during the 2023 General Assembly.

FISCAL IMPACT:

None for this item.

PRIOR CITY COUNCIL ACTION:

On August 29, 2022, Council adopted Resolution 2022-070 authorizing Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternate voting delegate for the 2022 annual League of California Cities Conference.

ATTACHMENTS:

Attachment 1) Resolution 2023-068
Attachment 2) LOCC Voting Delegate Packet

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-068

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

DESIGNATING MAYOR DAVE POTTER AS THE VOTING DELEGATE AND MAYOR PRO TEM BOBBY RICHARDS AS THE ALTERNATE VOTING DELEGATE AT THE 2023 ANNUAL

LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY
WHEREAS, the League of California Cities allows one vote per member city on matters pertaining to League policy; and
WHEREAS, this year the League of California Cities will convene a member-driven General Assembly at the Cal Cities Annual Conference and Expo on September 22, 2023; and WHEREAS, to cast a vote during the General Assembly, the City must designate a voting delegate and up to two alternate voting delegates by Council action no later than August 28, 2023.

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

Designate Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternate voting delegate at the 2023 annual League of California Cities General Assembly.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
Attachment 2
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly Attachment 2
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Attachment 2
CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Attachment 2
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Mary Bilse, Environmental Programs Manager APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2023-069 authorizing the City Administrator to execute a Professional Services Agreement with Denise Duffy & Associates, Inc. for the North Dunes Habitat Restoration Project and On-Call Environmental Services for a not-to-exceed fee of $111,560
RECOMMENDATION:

Approve Resolution 2023-069 authorizing the City Administrator to execute a Professional Services Agreement with Denise Duffy & Associates, Inc., for the North Dunes Habitat Restoration Project and OnCall Environmental Services, for a not-to-exceed fee of $111,560.

BACKGROUND/SUMMARY:

The North Dunes consist of eight acres of an environmentally-sensitive habitat area. The white sands and native vegetation of the North Dunes have been impacted over past decades by uncontrolled public access and non-native, invasive species, including trees, ground cover, and landscape plantings. To protect and restore this irreplaceable dune habitat, the City implemented the North Dunes Habitat Restoration Project starting in October 2016.

The biological objectives of the North Dunes Habitat Restoration Plan are to eliminate all aggressive nonnative species, restore the native dune scrub, expand the population of endangered Tidestrom’s lupine, and increase the quantity and quality of available habitat for the California legless lizard. The recreational objectives are to establish a trail system to provide safe visitor access to the North Dunes, without compromising the dune habitat and its wildlife.

Since 2016, consultants and volunteers, notably the Carmel Garden Club, have provided critical services in support of the North Dunes Habitat Restoration Project, including directing the removal of invasive species, guiding the installation of post and cable fencing to minimize trampling of native habitats, monitoring native and endangered species, restoration tasks, weed removal, volunteer oversight, native vegetation planting, and technical reporting.

In August 2021, the Planning Commission adopted Resolution No. 2021-023-PC to extend the Coastal Development Permit for the North Dunes Habitat Restoration Project through October 2026.

Consultant Selection Process
In April 2022, requests for Statements of Qualifications (SOQs) were advertised, from San Jose to Sacramento to San Luis Obispo, seeking qualifications from consultants covering 14 professional service areas, including Environmental Services, with anticipated projects related to the North Dunes Habitat Restoration, Coastal Engineering Study, Climate Adaptation and Action Plan implementation projects, and on-call services.

In May 2022, nine (9) SOQs received for Environmental Services were independently evaluated by a Selection Committee consisting of the Public Works Director and former Environmental Programs Manager. Denise Duffy & Associates, Inc. (DD&A), of Monterey, was determined to be best qualified to provide dune restoration and habitat management and reporting for the North Dunes Habitat Restoration Project, as well for providing On-Call Environmental Services. DD&A’s proposed Coastal Biologists for the North Dunes Habitat Restoration Project, Josh Harwayne and John Wandke, have over 35 years of combined experience in coastal ecology and habitat restoration planning and implementation on the Monterey Peninsula.

On-call environmental services have also been necessary over the past many years to periodically provide biological and cultural resource surveys, regulatory consultations and permit application assistance, construction monitoring, and related services.

A Professional Services Agreement was negotiated with DD&A to provide these services for two fiscal years, through June 30, 2025.

FISCAL IMPACT:

The negotiated fee of $86,560 over two fiscal years for the North Dunes Habitat Restoration Project and $25,000 for on-call environmental services brings the total not-to-exceed fee of the Agreement to $111,560, or approximately $55,780 per Fiscal Year.

In prior fiscal years, the North Dunes Habitat Restoration Project was budgeted as a Capital Improvement Project (CIP), but effective Fiscal Year (FY) 2023/24, budgets for the North Dunes Habitat Restoration Project, and other ongoing, maintenance-oriented projects, have been moved into the applicable department’s Operating Budget.

All services performed under this Agreement will be charged to the Public Works/Environmental Programs Division contractual services Account No. 101-119-43-42001. Any on-call environmental services associated with a CIP project would be charged to the Capital Projects Fund Account No. 301-311-00- 43008.

PRIOR CITY COUNCIL ACTION:

In June 2023, the City Council adopted Resolution 2023-067, approving the FY 2023/24 Operating Budget, which included funding for the North Dunes Habitat Restoration Project and on-call environmental services.

ATTACHMENTS:

Attachment 1) Resolution 2023-069
Attachment 2) Professional Services Agreement with DD&A

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-069

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 DENISE DUFFY & ASSOCIATES, INC., FOR THE NORTH DUNES

HABITAT RESTORATION PROJECT AND ON-CALL ENVIRONMENTAL SERVICES FOR A NOT-TO-EXCEED FEE OF $111,560
WHEREAS, in June 2023, Council adopted Resolution 2023-067, approving the Fiscal Year 2023/24 Operating Budget, which included funding for the North Dunes Habitat Restoration Project and on-call environmental services; and
WHEREAS, through a rigorous evaluation process, staff identified Denise Duffy & Associates (DD&A) as the most qualified team to provide dune restoration, habitat management and reporting services for the North Dunes Habitat Restoration Project and provide on-call environmental services; and
WHEREAS, on-call environmental services have been necessary over the past many years to periodically provide biological and cultural resource surveys, regulatory consultations and permit application assistance, construction monitoring, and related services; and WHEREAS, the Professional Services Agreement was negotiated with DD&A to provide services for a base fee of $86,560 over two fiscal years for the North Dunes Habitat Restoration Project and $25,000 for on-call environmental services, which brings the total not-to-exceed fee of the Agreement to $111,560; and
WHEREAS, the Professional Services Agreement expires on June 30, 2025; and WHEREAS, all services for the North Dunes Restoration Project will be charged to the Public Works/Environmental Programs Division operating budget, and any on-call environmental services associated with a CIP project would be charged to the CIP project.

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 Denise Duffy & Associates, Inc., for the North Dunes Habitat Restoration Project and On-Call Environmental Services for a not-to-exceed fee of $111,560.

Attachment 1
Resolution No. 2023-069

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
1 PROFESSIONAL SERVICES AGREEMENT
for the
North Dunes Habitat Restoration Project and On-Call Environmental Services Agreement Number PW-DDA-23-24
THIS AGREEMENT is executed this ____ day of July, 2023, by and between the City of Carmel-By-TheSea, a municipal corporation, (hereinafter "City"), and Denise Duffy & Associates, Inc., (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: Environmental Planning and Natural Resource Management for the North Dunes Habitat Restoration Project and on-call, as-needed environmental services. The Scope of Services is attached hereto as Exhibit “A.” The Scope of Services under this Agreement should include, but is not limited to, a project description, project phases, task descriptions, identification of key personnel, identification of subconsultants, their key personnel and general description of services that will be performed, as further set forth in this Agreement and attachments hereto. Consultant agrees to all of the following:
i. Consultant will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculations, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary to perform the services required of Consultant under this Agreement. ii. Consultant’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. 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. vi. The Consultant must maintain any work site in the City in a safe condition, free of hazards to persons and property resulting from its operations.

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

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

C. Familiarity with Services and Site.
i. By executing this Agreement, Consultant represents that Consultant:
a. has thoroughly investigated and considered the Scope of Services to be performed; b. has carefully considered how the services should be performed; c. understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement; and
d. possesses all licenses required under local, state or federal law to perform the services contemplated by this Agreement, and will maintain all required licenses during the performance of this Agreement.

Attachment 2
3 ii. If services involve work upon any site, Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing its services.

Should Consultant discover any latent or unknown conditions that may materially affect the performance of services, Consultant will immediately inform 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 for the North Dunes Habitat Restoration Project (Exhibit “B”), in an amount not-to-exceed Eighty-Six Thousand Five Hundred and Sixty Dollars ($86,560) for Fiscal Years 2023/24 and 2024/25. A supplemental services budget of Twenty-Five Thousand Dollars ($25,000) is available for on-call environmental services. The total amount of One Hundred and Eleven Thousand Five Hundred and Sixty Dollars ($111,560) 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 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; v. 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; vi. 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;
Attachment 2
4 vii. The total amount due for the period covered by this invoice, including subconsultants and vendors of services or goods;
viii. Copies of subconsultant, vendor, and reimbursable invoices including hourly breakdowns when requested by City.
ix. 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 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”).

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

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

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

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

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

4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. Listed Employees and Subconsultants. Consultant will perform the Services using the individuals listed in the Key Employees and Subconsultants List attached hereto in Exhibit “B.” B. Substitution of Employees or Subconsultants:
i. Consultant may not substitute any key employee or subconsultant listed in Exhibit “B” without the prior written approval of the City, and such approval will not be unreasonably withheld. The City 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.

Attachment 2
7 C. Sub-agreements with Subconsultants. Consultant will incorporate the terms and conditions of this Agreement into all sub-agreements with subconsultants in respect of the Services necessary to preserve all rights of the City under this Agreement. Consultant 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: Mary Bilse
Title: Environmental Programs Manager
Address: P.O. Box CC, Carmel-By-The-Sea, CA 93921
Telephone: (831) 620-2078
Email: [email protected]
B. Consultant’s Project Manager. Consultant appoints the person named below as its Project Manager for the purposes of this Agreement (“Consultant’s Project Manager”).

Name: Josh Harwayne
Title: Project Manager
Attachment 2
8 Company: Denise Duffy & Associates, Inc
Address: 947 Cass Street Suite 5, Monterey, CA 93940
Telephone: (831) 373-4341
Email: [email protected]
C. Meet and Confer. Consultant agrees to meet and confer with the City’s Project Representative, its agents or employees with regard to Services as may be required by the City to insure timely and adequate performance of this Agreement.

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

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

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

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

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:

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

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

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

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

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

Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
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.

Attachment 2
10 d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.
vi. All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions (“SIR”) must be declared to and approved by the City. At the option of the City, either: the insured will reduce or eliminate such deductibles or SIR as respects the City, its officers, officials, employees and volunteers; or Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. In no event will any SIR or insurance policy contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured, or by any means including other insurance, or which is intended to defeat the intent or protection of an additional insured.
vii. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. viii. Consultant must require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements in this Agreement. ix. If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement. 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 Attachment 2
11 will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
xi. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies. xii. The Consultant hereby waives any right of subrogation that any of its insurers may have or that they may accrue out of the payment of any claim related to the Consultant’s performance of this Agreement, regardless of whether any endorsements required by this section are obtained.

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

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

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

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

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 Attachment 2
12 completeness of such information and data furnished by the City, except where it is stated otherwise or unreasonable.

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

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

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

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

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

C. Delivery and Use of the Materials. All Materials will be transferred and delivered by Consultant to the City without further compensation following the expiration or sooner termination of this Agreement, provided that the City may, at any time prior to the expiration or earlier termination 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.

Attachment 2
13 E. Additional Copies. If the City requires additional copies of reports, or any other material that Consultant is required to furnish as part of the Services under this Agreement, Consultant must provide such additional copies, and the City will compensate Consultant for the actual costs related to the production of such copies by Consultant.

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

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

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

12. CONFLICT OF INTEREST
Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City relating to this Agreement or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California 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:

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

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

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

C. Mediation. If all or any portion of a Dispute cannot be resolved by good faith negotiations as set forth above within thirty (30) days of the date that the matter was referred to the City Administrator pursuant to subsection B above, either party may, by notice to the other party, submit the Dispute for formal mediation to a mediator selected mutually by the parties from 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 Attachment 2
15 through the mediation process, then the parties agree that the dispute will be submitted to Binding Arbitration to a single Arbitrator in accordance with the existing Rules of Practice and Procedure of the Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.

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

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

Attachment 2
16 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 Termination will be without prejudice to any other rights or remedies the City may have. ii. Upon receipt of written notice of termination of this Agreement by the City for any reason, Consultant must:
a. Promptly cease all Services, including Services provided by any subconsultant, unless otherwise directed by the City; and
b. Deliver to the City all the Materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such Materials are to be delivered to the City in completed form; however, notwithstanding the provisions of Section 10, Ownership and Use of Materials, herein, the City may condition payment for services rendered to the date of termination upon Consultant’s delivery to the City of such Materials.
iii. If this Agreement is terminated by the City for any reason, the City is hereby expressly permitted to assume the projects and Services, and to complete them by any means including, but not limited to, an agreement with another party.

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

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

C. If any legal action or proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party may recover 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.

Attachment 2
17 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.

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.

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

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

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

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

Attachment 2
19 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:

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 Exhibit “C” Project Schedule
Attachment 2
Exhibit A: Scope of Services
Project #1: North Dunes Habitat Restoration Project Scope of Services:

1. Project Initiation/Logistics/Communication
This task includes review of existing and relevant project materials and pre-project communication and coordination. During this period DD&A will work with the City to refine the project schedule, scope, and pathway.

2. Administration/Overhead
Contract management and administrative staff time.

3. Meetings/Public Hearings
This task includes site meetings, in office meetings, remote meetings and additional coordination and communication between the DD&A team, the City of Carmel and other stakeholders and participants as needed and necessary. This task may also include hearings or participation in other public meetings to support City staff and convey important information and milestones specific to the project.

4. Maintenance Inspections (6 events)
Inspections of the boardwalk, guideline fencing, and walkways will be conducted. Repair needs will be communicated to City staff.

5. Annual Monitoring and Reporting
Qualitative site monitoring will occur to evaluate plant survival, herbivory, and weed control priorities. Tidestrom’s lupine areas will be monitored bi-weekly for phenological data (timing of vegetative growth, budding, flowering, fruiting, seed dispersal) and to note the density of juvenile seedlings and reproductive plants. Permanent line transects that have previously been established will be monitored at peak vegetative growth to determine percent cover of:
a. Native Species
b. Non-native species
c. Native debris (cypress, pine, needles, oak leaves)
d. Non-native debris (dead iceplant, acacia leaves, eucalyptus leaves/bark) Bare sand (clean)
e. Dirty sand (sift-able sand with small flecks of debris) One Draft Annual Report will be prepared for Fiscal Year (FY) 2022/2023 and FY 2023/2024; one Draft Annual Report will be prepared for FY 2024/2025. The Draft Report will include quantitative analysis of Species Diversity and Percent Plant Cover. The Draft Report will include photos of the site during the monitoring period.

The Draft report will be submitted to the City for review and comments. DD&A will respond to one combined round of comments from City staff and revise the report to Final. The City will provide the Final Annual Report to the California Coastal Commission and the California Department of Fish and Wildlife.

Attachment 2

6. Special Status Species Management Permit Reporting
Species to be monitored include: Tidestrom’s lupine and California legless lizard. Quantitative data collected during monitoring and as reported to DD&A by the plant installation crews and volunteers will be included in the Annual Report described above.

7. Exclusions
Please note that DD&A staff will conduct monitoring and reporting services for this project, but will not conduct or manage plant installation, maintenance activities or volunteer coordination.

Project #2: On-call Environmental Services Scope of Services:

Scope of services for future on-call projects are unknown at this time but may include, but are not limited to:
 Biological and Cultural Surveys and Impact Analysis
 CEQA Preparation and Consulting
 Climate Adaptation and Climate Action Plan Implementation Services  Condition Compliance Services
 Construction Worker Sensitive Habitat Awareness Training  Habitat Management
 Interpretive Signage Design for North Dunes Habitat Restoration Site  Land Planning and Document Preparation
 Municipal Planning and Document Preparation
 Plan Review and Preparation
 Regulatory Permitting
 Sensitive Habitat Restoration Plans and Specifications  Technical Support for Environmental Grant Applications Attachment 2
Exhibit B: Key Personnel, Compensation, and Fee Schedule Project #1 North Dunes Restoration Services total fee is $84,960 and billed at hourly rates The budget for the initial project FY 23/24 (North Dunes Habitat Restoration Project), is presented below:

City of Carmel - North Dunes Habitat Restoration Project Two Year Budget for FY 23/24
Task # Tasks
Josh Harwayne, Senior Project ManagerJohn Wandke, SeniorEnvironmental Scientist IIMary Echevarria, AdministrativeSubtotal Task Total
Hourly Rate $178.00 $163.00 $93.00
Task 1 Project Management $16,904

1.1 Project Initiation/Logistics/Communication 16 32 - $8,064

1.2 Administration/Overhead - - 16 $1,488

1.3 Meetings/Public Hearings 12 32 - $7,352
Task 2 Annual Monitoring and Reporting $24,424

2.1 Maintenance Inspections (6 events) - 24 - $3,912

2.2 Annual Monitoring and Reporting 16 80 - $15,888

2.3 Special Status Species Management Permit
Reporting
(Excludes acquisition of new authorization, if
needed)
4 24 - $4,624
Total Hours by Staff 48 192 16
Subtotal $8,544 $31,296 $ 1,488 $41,328 $41,328
TOTAL ESTIMATED COST $42,128
Other Expenses
Mileage, supplies, GIS $800
Total $800
Attachment 2
The budget for the initial project FY 24/25 (North Dunes Habitat Restoration Project), is presented below:

City of Carmel - North Dunes Habitat Restoration Project Two Year Budget for FY 24/25
Task # Tasks
Josh Harwayne, Senior Project ManagerJohn Wandke, SeniorEnvironmental Scientist IIMary Echevarria, AdministrativeSubtotalTask Total Hourly Rate $180.00 $166.00 $95.00
Task 1 Project Management $17,184

1.1 Project Initiation/Logistics/Communication 16 32 - $8,192

1.2 Administration/Overhead - - 16 $1,520

1.3 Meetings/Public Hearings 12 32 - $7,472
Task 2 Annual Monitoring and Reporting $24,848

2.1 Maintenance Inspections (6 events) - 24 - $3,984

2.2 Annual Monitoring and Reporting 16 80 - $16,160

2.3 Special Status Species Management Permit
Reporting
(Excludes acquisition of new authorization, if
needed)
4 24 - $4,704
Total Hours by Staff 48 192 16
Subtotal $8,640 $31,872 $1,520 $42,032 $42,032
TOTAL ESTIMATED COST $42,832
Other Expenses
Mileage, supplies, GIS $800
Total $800
Attachment 2
Project #2: On-Call Environmental will be on a T&M or Fixed-fee basis per the hourly rates Below is the rate schedule for additional future on-call projects:

No. Key Personnel from FORM C Role
Fully Burdened Hourly Rates
7/1/2022 to
6/30/2023
7/1/2023 to
6/30/2024
7/1/2024 to
6/30/2025

1. Erin Harwayne, AICP Senior Project Manager $175 $178 $180

2. Matthew Johnson Senior Environmental Scientist II $161 $163 $166

3. John Wandke Senior Environmental Scientist I $142 $145 $148

4. Diana Staines, AICP Assistant Project Manager $128 $131 $133

5. Kurt Legleiter Air Quality and Noise Analyses $155 $160 $165

6. Reilly Murphy Archaeological and Historic Reports $125.95 $129.73 $133.62 No. Other Staff (or Classifications) Role
Fully Burdened Hourly Rates
7/1/2022 to
6/30/2023
7/1/2023 to
6/30/2024
7/1/2024 to
6/30/2025

5. Principal Principal $242 $246 $249

6. Senior Compliance Manager/
Engineering Specialist
Senior Compliance Manager/
Engineering Specialist $204 $207 $210

7. Senior Project Manager Senior Project Manager $175 $178 $180

8. Principal Planner Principal Planner $183 $186 $189

9. Senior Botanist Senior Botanist $162 $164 $167

10. Senior Planner/
Senior Env. Scientist II
Senior Planner/
Senior Env. Scientist II $161 $163 $166

11. Project Manager Project Manager $153 $156 $159

12. Senior Planner/Scientist I Senior Planner/Scientist $142 $145 $148

13. Assistant Project Manager Assistant Project Manager $128 $131 $133

14. Assoc. Planner/Env. Scientist II Assoc. Planner/Env. Scientist II $120 $122 $125

15. Assoc. Planner/Env. Scientist I Assoc. Planner/Env. Scientist I $116 $118 $121

16. Assist. Planner/Env Scientist II Assist. Planner/Env Scientist II $108 $110 $112

17. Assist. Planner/Env Scientist I Assist. Planner/Env Scientist I $104 $106 $108

18. GIS/Computer Specialist GIS/Computer Specialist $111 $113 $115

19. Administrative Manager Administrative Manager $90 $93 $95

20. Graphics Graphics $85 $88 $90

21. Planning Technician Planning Technician $77 $79 $82

22. Administrative Assistant Administrative Assistant $70 $72 $74 Note: Direct cost shall be billed with a maximum markup of 10% Attachment 2
Exhibit C: Project Schedule
Project #1 North Dunes Habitat Restoration Project - Schedule Project Schedule
Project Initiation/Kick-Off Meeting July/August 2023
Maintenance Inspections (6 events) August 2023
December 2023
April 2024
August 2024
December 2024
April 2025
Draft Project Status Update Memo for Fiscal Year (FY) 2022/FY 2023 August 2023 1 st Public Hearing for FY 2022/FY 2023 Project Status September 2023 Draft Annual Report for Fiscal Year (FY) 2022/FY 2023 and FY 2023/2024 Submitted to City
June 2024
Final Annual Report for FY 2022/FY 2023 and FY 2023/2024 Submitted to City July 2024 2 nd Public Hearing for FY 2022/FY 2023 and FY 2023/2024 Annual Report August 2024 Draft Annual Report for FY 2024/2025 Submitted to City May 2025 Final Annual Report for FY 2024/2025 Submitted to City June 2025 Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 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 2023-070, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Davey Resource Group for additional services to complete the Urban Forest Master Plan, for a not-to-exceed fee of $45,000
RECOMMENDATION:

Adopt Resolution 2023-070, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Davey Resource Group for additional services to complete the Urban Forest Master Plan, for a not-to-exceed fee of $45,000.

BACKGROUND/SUMMARY:

In December 2021, the City submitted an application to the California Department of Forestry and Fire Protection (Cal Fire) requesting $150,000 to support the creation of the City’s Urban Forestry Master Plan (UFMP). At the May 2, 2002 Special Meeting, the City Council adopted Resolution 2022-040, accepting the $150,000 grant.

In August 2022, Council adopted Resolution 2022-068, approving a Budget Amendment of $150,000 to the Fiscal Year 2022/23 Adopted Budget for the Cal Fire Grant, and authorizing the City Administrator to execute a Professional Services Agreement with Davey Resource Group for development of the Urban Forestry Master Plan, for a not-to-exceed fee, with contingency, of $160,000.

In June 2023, Council adopted Resolution 2023-067, approving an increase of $57,100 to complete the UFMP Capital Improvement Project.

Due to legal and contractual issues, the project was initially delayed three months, but since then, Davey Resource Group has been making good progress with technical studies associated with development of the Urban Forest Master Plan.

The following outlines key services under the original Agreement, completed and proposed services under Amendment No. 1, as well as the status for each task as of mid-June 2023:

Inventory of 6,000 City trees, including geo-coded locations and condition assessments in compliance with the Cal Fire grant requirements – Complete Inventory of 4,000 additional City trees, per Amendment No. 1 – Complete Inventory of final 500+ additional City trees, per Amendment No. 1 - Complete GIS mapping – Complete
Operational Review of City’s tree care and maintenance practices – 80% complete Background Review (regulations, policies, guiding documents) – 75% complete Tree Canopy and Land Cover Assessments – 50% complete
Economics Analysis/Value of the urban forest – 5% complete Stormwater Analysis (pollution assessment) – not yet started Priority Planting Plan/Tree Placement Model - not yet started Review/Update Tree Palette, per Amendment No. 1 - not yet started Stakeholder Interviews and Community Survey – 25% complete 1 st Community Workshop – Scheduled for July 12
Forest and Beach Commission presentation – Scheduled for August 10, 2023 Draft Urban Forest Master Plan Report - 40% complete
Services for Amendment No. 1 were negotiated with Davey Resources Group with a base fee increase of $38,570. An additional increase of $6,430 is recommended for additional Supplemental Services that may be needed to complete the project. These supplemental services are predominantly ear-marked for additional community workshops and presentations.

There is no change to the overall project schedule, and the final UFMP report and associated services are anticipated to be completed by late Spring 2024.

FISCAL IMPACT:

The fee for additional services included in Amendment No. 1 is $38,570. An additional budget of $6,430 is recommended for Supplemental Services that may be needed to complete the project, such as for additional community workshops and presentations. The total fee for Amendment No. 1 is $45,000, and the total not-to-exceed fee for the original Agreement plus Amendment No. 1 is $205,000.

Sufficient funding is available in the Capital Projects Fund, Account #301-311-00-43008 for Amendment No. 1 services.

PRIOR CITY COUNCIL ACTION:

In May 2022, Council adopted Resolution 2022-040, accepting a $150,000 reimbursable grant from Cal Fire for funding of the Urban Forest Master Plan.

In August 2022, Council adopted Resolution 2022-068, approving a Budget Amendment of $150,000 to the Fiscal Year 2022/23 Adopted Budget for the Cal Fire Grant, and authorizing the City Administrator to execute a Professional Services Agreement with Davey Resource Group for development of the Urban Forestry Master Plan, for a not-to-exceed fee, with contingency, of $160,000.

In June 2023, Council adopted Resolution 2023-067, approving an increase of $57,100 to complete the UFMP Capital Improvement Project.

ATTACHMENTS:

Attachment 1) Resolution 2023-070
Attachment 2) Amendment No. 1 with Davey Resource Group

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-070

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 DAVEY RESOURCE GROUP FOR

ADDITIONAL SERVICES TO COMPLETE THE URBAN FOREST MASTER PLAN, FOR A NOT-TO-EXCEED FEE OF $45,000
WHEREAS, in May 2022, Council adopted Resolution 2022-040 accepting a $150,000 reimbursement grant from the California Department of Forestry and Fire Protection (Cal Fire) to prepare the City’s Urban Forest Master Plan (UFMP); and WHEREAS, in August 2022, Council adopted Resolution 2022-068 awarding a Professional Services Agreement to Davey Resource Group to prepare the UFMP for a not-toexceed fee, with contingency, of $160,000; and WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving the carry-over of the UFMP into the FY 2023/24 Capital Improvement Plan and appropriated a budget increase of $57,100 to complete the project; and
WHEREAS, during the development of the UFMP, in additional to the 6,000 City trees to be inventoried, assessed, and geo-coded into the City’s tree care software program per the Agreement, approximately 4,500 additional City trees were identified and needed to be inventoried and included into the UFMP; and
WHEREAS, in consideration of Climate Change and the Winter 2023 storm impacts to the Urban Forest, a Tree Palette was also identified as a necessary document to include in the City’s UFMP; and
WHEREAS, Amendment No. 1 to the Professional Services Agreement was negotiated with Davey Resource Group to provide these additional services for a fee of $38,570, and an additional budget of $6,430 was included for additional Supplemental Services, such as for additional community workshops and presentations, that may be needed to complete the project; and
WHEREAS, sufficient funding is available for these services in the Capital Projects fund account.

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 Davey Resource Group for additional services to complete the Urban Forest Master Plan, for a not-to-exceed fee of $45,000.

Attachment 1
Resolution No. 2023-070

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ ____________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
AMENDMENT NO. 1 TO
AGREEMENT #PWD-DAVEY-181-22-23

URBAN FOREST MATER PLAN ADDITIONAL SERVICES

1. This amendment (the "Amendment") is made by City of Carmel-by-the-Sea and Davey Resource Group, parties to Agreement # PWD-DAVEY-181-22-23 (the "Agreement") executed on August 2, 2022.

2. The Agreement is amended as follows:
a. Section 1, Services, is amended to include the following additional professional services for the Urban Forest Master Plan, as described in the Scope of Services in Exhibit A.1:
 Additional Inventory of 4,000 trees
 Additional Inventory of up to an additional 500+ trees  Update Tree List: Review/Update Tree Palette
 Additional Supplemental Services
b. Section 2, Compensation, of the Agreement is amended and restated as follows:

Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Key Personnel & Fee Schedule (Exhibit B”) and Consultant’s Compensation for Additional Services (Exhibit “C.1”) in an amount of FortyFive Thousand Dollars ($45,000). Therefore, the “Maximum Authorized Expenditure” under this Agreement, including Amendment No. 1, shall be Two Hundred Five Thousand Dollars ($205,000).
c. Section 3, Agreement Term, of the Agreement is amended as follows:
 Term, Paragraph A: The work under this Agreement will commence by August 8, 2022 and must be completed by June 30, 2025 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement.
 Project Schedule, Paragraph C, remains as shown in the original Agreement, Exhibit D.
d. Section 5, Representatives and Communication, paragraph A, of the Agreement is amended and restated as follows:

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 Ford
Title: Administrative Analyst
Attachment 2
Address: PO Box CC, Carmel-by-the-Sea, CA 93921
Telephone: 831-427-7673
Email: [email protected]

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: ______________________

CITY:

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

By: _____________________________ Date: ______________________ Nova Romero, MMC, City Clerk
Attachment 2
EXHIBIT A.1 – SCOPE OF ADDITIONAL SERVICES FOR AMENDMENT NO. 1  Task 7A, Additional Inventory of 4,000 Trees
Consultant perform a tree inventory for 6,000+ City-maintained right of way, facility, and parks trees under the original Agreement. For Task 7A, Consultant will collect data on up to 4,000 additional trees. The data will be collected and/or reviewed using International Society of Arboriculture (ISA) Arborists, and Global Positioning Satellite technology with sub-meter accuracy. The detailed requirements and specifications for the inventory services are provided in Exhibit “E” - Required Minimum Collection Attributes for CAL FIRE Grant Funded Tree Inventories. The tree inventory data shall be geo-coded into a GIS database and delivered as a new layer in the City's TreeKeeper system.  Task 7B, Additional Inventory of up to an Additional 500+ Trees Consultant will collect data on up to 500 additional trees, per the requirements cited in Task 7A above.
 Task 7, Update Tree List: Review/Update Tree Palette
Consultant will recommend new tree species and cultivars that should be introduced to Carmel's urban forest to increase diversity and climate change resiliency. Consultant will develop a process to identify over time which species will thrive and are suitable for this area. Consultant shall also recommend which species need to be removed from the list, either due to failure to thrive or due to a current over-representation in the tree palette. The updated recommended Tree List will be easy to understand for all stakeholders. It shall also categorize trees according to water use and classify as native, near native or ornamental, as well as other useful parameters.
 Task 7D, Additional Supplemental Services
Consultant may provide additional Supplemental Services, but only upon prior written authorization by the City.

Attachment 2
EXHIBIT C.1 – COMPENSATION FOR ADDITIONAL SERVICES FOR AMENDMENT NO. 1 Task Item Task Budget
7A Additional Inventory of 4,000 trees $28,550
7B Additional Inventory of up to an additional 500+ trees 3,500 7C Update Tree List: Review/Update Tree Palette 6,520
7D Additional Supplemental Services Budget 6,430
Amendment No. Total $45,000
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 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 2023-071, authorizing the City Administrator to execute a Professional Services Agreement with Advance Design Consultants, Inc. for electrical engineering services for electric panel upgrades and related projects, for a not-to-exceed fee of $79,560
RECOMMENDATION:

Adopt Resolution 2023-071, authorizing the City Administrator to execute a Professional Services Agreement with Advance Design Consultants, Inc. for electrical engineering services for electric panel upgrades and related projects, for a not-to-exceed fee of $79,560.

BACKGROUND/SUMMARY:

In June 2022, Council adopted Resolution 2022-048 approving 25 Fiscal Year 2022/23 Capital Improvement Projects, including the Electrical Panel Upgrades for City Hall, Public Works, Sunset Center, and Vista Lobos Facilities project with a budget of $75,000. These panels are at capacity, and in some cases, circuits trip with additional loads. The electrical panel for the Public Works building was incorporated into the separate Police Building project and replaced with the panel at the Fire Station.

In December 2022, the City Administrator executed a contract with PG&E to install a new meter and equipment, valued at $200,000 but at no cost to the City, to provide discounted power to new EV charging stations along the southern row of the Vista Lobos parking lot. One new charging station would be a high capacity station for the new electric street sweeper. This plan would also reroute the existing, dual capacity EV charger that is currently powered by the near-capacity electrical panel for the Vista Lobos building, and benefit from the discounted power rates. This item is an integral part of the Electrical Panel Upgrade Project for Vista Lobos.

In June 2023, Council adopted Resolution 20230-067 approving 16 new FY 2023/24 Capital Improvement Projects, including the Sunset Center North Lot Electrical Panel Replacement Project with a budget of $100,000. Located along Eighth Avenue, this panel is over capacity, breakers pop often resulting in EV charging stations being taken out of service, and has been tagged by the Building Official. The panel currently services the parking lot lights, the CERT Connex box, and the five EV charging stations. The replacement panel will be sized to handle current loads plus a number of additional EV charging stations subject to PG&E service charges.

In order to proceed with the planning, design, and repairs/construction of these projects, an electrical engineering consultant is needed. Initially, the first project was planned to be managed by a program management consultant, but now will be managed, more cost-effectively, by the City’s project manager.

Consultant Selection Process
In April 2022, requests for Statements of Qualifications (SOQs) were advertised, from San Jose to Sacramento to San Luis Obispo, seeking qualifications from consultants covering 14 professional service areas, including electrical and mechanical engineering services. In May 2022, four SOQs were received for these services, which identified electrical panel upgrades, EV charging stations, and on-call services as proposed projects.

In October 2022, a Selection Committee consisting of a 4Leaf Project Manager, Public Works Director, and Facilities Maintenance Supervisor independently evaluated the SOQs and determined that Advance Design Consultants (ADC), of San Jose, was best qualified for these services. The remaining firms were ranked as follows: #2 – Aurum Consulting, #3 – Salas O’Brien, and #4 - Bureau Veritas.

Scope of Services, Fee, and Schedule
As detailed in the Professional Services Agreement, Attachment #2, key tasks to be performed by Advance Design Consultants include:

Electrical panel load testing for 30 days
Identify code and safety deficiencies, and provide recommendations and cost estimates for urgent safety repairs or future panel upgrades
Coordinate with PG&E, EV charging station vendors, and City staff Design step-down transformer, breaker panel, and electrical network for the Vista Lobos EV charging stations. Note – funding for construction has not yet been programmed, but is being pursued from 3CE, Monterey Bay Air Resources District (MRBAD), and PG&E Prepare engineering plans, calculations, and cost estimates for the Sunset Center Panel replacement Provide building permit, bidding, and construction support services The base fee for these services was negotiated at $64,560. Panel recommendations, and the designs of the Vista Lobos electrical improvements and Sunset Center panel replacement are anticipated to be substantially completed within three months from the Notice to Proceed.

A budget of $15,000 is included for on-call, as-needed electrical or mechanical engineering services through the term of the Agreement which expires on June 30, 2025. There have been prior occasions where consultant expertise has been urgently needed for a variety of facility maintenance repairs. Having a consultant ready to provide these services would expedite future repairs.

FISCAL IMPACT:

No. Project
Total
Budget
ADC
Fee
Funding
Source
1 Electrical Panel Upgrades
– 4 Buildings
$75,000 $19,700 CIP
2 Electrical for EV Charging
Stations at Vista Lobos
Lot
Incl. w/#1 26,620 CIP
3 Sunset Center Electrical
Panel Replacement
100,000 18,240 CIP
4 On-call, as-needed
electrical/ mechanical
engineering
15,000 15,000 PW/FM
Totals $190,000 $79,560
Projects #1 – #3 will be charged to the Capital Projects fund account 301-311-00-43008. On-call services would be charged to the Public Works/Facility Maintenance operating budget account 101-119-42-42001, or to another CIP project if applicable.

Preliminarily, it appears that sufficient CIP funding will be available to make the most urgent safety repairs for the building electrical panels at City Hall, Fire Station, and/or Vista Lobos, and for replacement of the Sunset Center panel. However, there is no funding programmed at this time for construction of the Vista Lobos EV charging station project. Once the design and a cost estimate are prepared and staff has had the opportunity to seek funding via 3CE, MBARD, or PG&E, we may seek additional funding with the FY 2023/24 mid-year budget review. External funding for the Sunset Center Panel Replacement is also being pursued.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted Resolution 2022-048 approving 25 Fiscal Year 2022/23 Capital Improvement Projects, including the Electrical Panel Upgrades for City Hall, Public Works, Sunset Center, and Vista Lobos Facilities project with a budget of $75,000.

In June 2023, Council adopted Resolution 2023- 067 approving 16 new FY 2023/24 Capital Improvement Projects, including the Sunset Center North Lot Electrical Panel Replacement Project with a budget of $100,000.

ATTACHMENTS:

Attachment 1) Resolution 2023-071
Attachment 2) Professional Services Agreement with Advance Design Consultants

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-071

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 ADVANCE DESIGN CONSULTANTS, INC. TO PROVIDE ELECTRICAL

ENGINEERING SERVICES FOR ELECTRIC PANEL UPGRADES AND RELATED PROJECTS, FOR A NOT-TO-EXCEED FEE OF $79,560
WHEREAS, in June 2022, Council adopted Resolution 2022-048 approving capital improvement projects for Fiscal Year 2022/23, including the Electric Panel Upgrades Project for four City buildings; and
WHEREAS, in December 2022, the City Administrator executed a contract with PG&E to install electrical equipment in the Vista Lobos parking lot, at no cost to the City, to allow for new electric vehicle charging stations and reduce power loads for the Vista Lobos building; and WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving capital improvement projects for Fiscal Year 2023/24, including the Sunset Center North Lot Electrical Panel Replacement Project; and
WHEREAS, based on Statements of Qualifications received from four firms, an evaluation committee selected Advance Design Consultants (ADC) as best qualified to provide electrical and mechanical engineering services for these types of projects; and WHEREAS, a Professional Services Agreement was prepared with ADC for electrical panel evaluations, designs, and construction support services for the Vista Lobos and Sunset Center projects for a base fee of $64,560; and
WHEREAS, a budget of $15,000 is included to provide on-call, as-needed electrical or mechanical services for urgent safety repairs, for a combined not-to-exceed fee of $79,560 and a term expiring on June 30, 2025; and
WHEREAS, sufficient funding is available for these projects in the Capital Projects fund account with a combined budget of $175,000, and any on-call services will be funded by the Public Works/Facility Maintenance operating budget for contractual services, or to another CIP project if applicable.

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 Advance Design Consultants for electrical engineering services for electric panel upgrades and related projects, for a not-to-exceed fee of $79,560 and a term expiring on June 30, 2025.

Attachment 1
Resolution No. 2023-071

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 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 2023-072, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Neill Engineers Corp. for civil engineering services associated with city-wide Drainage Improvement Projects, for a not-to-exceed fee of $159,100
RECOMMENDATION:

Adopt Resolution 2023-072, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Neill Engineers Corp. for civil engineering services associated with city-wide Drainage Improvement Projects, for a not-to-exceed fee of $159,100.

BACKGROUND/SUMMARY:

In September 2019, the City Council adopted Resolution 2019-064, awarding a Professional Services Agreement to Schaaf & Wheeler Consulting Civil Engineers to prepare the City's first Storm Drain Master Plan (SDMP) for a not-to-exceed fee of $174,910. This Capital Improvement Project was successfully completed on budget in the fall 2020.

The purpose of the SDMP was to provide an examination of flooding and drainage risks within the City limits and recommend actions necessary to accomplish appropriate level-of-service and reliability for the City’s storm drain system. The SDMP is available on the City’s website under the Public Works main page at:
complete_final_sdmp_report_september_2020_small.pdf (carmel.ca.us) The Public Works Director presented the results of the SDMP to the Climate Committee in December 2020 and to the City Council in February 2021. As discussed at these meetings, a majority of the City’s existing storm drainage system was designed to handle a once in 10-year storm event, rather than a 20-year storm event that is more common in other municipalities. Coupled with increased storm events due to Climate Change, Council and the Climate Committee requested that future drainage upgrades and repairs be sized for 20-year events while also recognizing that all repairs and upgrades will require significant funding over a long period of time to minimize the potential of flooding.

In June 2022, Council adopted Resolution 2022-048, approving 25 new Fiscal Year (FY) 2022/23 Capital Improvement Projects, including the Citywide Drainage System Repair Design, Phase II. This project, which is part of that multi-year drainage improvement program, allocated $500,000 to continue the development of drainage system improvement plans to fix the highest priority broken pipes and bottlenecks, based on the findings of the SDMP. This funding supplemented the Drainage System Repairs, Phase I project’s $100,000 carryover funds from FY 2021/22.

In October 2022, Council adopted Resolution 2022-088, awarding a Professional Services Agreement to Schaaf and Wheeler Consulting Civil Engineers to update their 2020 Storm Drain Master Plan to reflect 20- year, rather than 10-year, storm events, for a fee of $50,000.

Also, in October 2022, the City Administrator executed a Professional Services Agreement with Neill Engineers Corp., in an amount of $24,999, to provide technical support services for the SDMP Update, as well as to provide on-call services associated with programming and preliminary design of the most urgent drainage improvement projects identified in the SDMP Update. Neill Engineers was selected as the most qualified firm to provide these civil engineering services base on a review of seven (7) Statements of Qualifications received in May 2022 and reviewed by a Selection Committee in September 2022.

In June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 FY 2021/22 and 2022/23 Capital Improvement Projects, including the now-combined Drainage Design – Phases I and II Projects, with a combined initial budget of $600,000. During development of the FY 2023/24 Capital Improvement Program, Council directed staff to utilize some of the remaining funds to begin physical construction of some of the needed drainage improvements, rather than using all funds to design the most significant/costly improvements, namely trunk line capacity improvements along Junipero Street, including a bypass onto Mission Street, to be “shovel ready.”
The SDMP Update is now complete, and the Public Works Director plans to present this update at an upcoming Council meeting. As a result of Council’s guidance, the remaining funds was reprogrammed to design four (4) high priority drainage improvements, by Neill Engineers, and for construction of these facilities. The improvements selected are:

Acacia Way headwall at Flanders Way.

Eleventh Avenue storm drain from Carmelo Street to San Antonio Avenue.

Santa Fe Street storm drain, from Eight Avenue into an outfall into the Mission Trail Nature Preserve.

Storm drains along Lincoln Street, from First to Second Avenues, and along Second Avenue west towards Monte Verde Street.

Also, as an outcome of the SDMP Update and re-programming of Projects as described above, Neill Engineers will also need to complete revisions to the plans and specification for the FY 2021/2022 Pavement Rehabilitation Project by removing (deferring) the proposed paving improvements along Junipero Street until after drainage lines are installed.

Amendment No. 1 to the Professional Services Agreement was negotiated with Neill Engineers for a not-toexceed fee of $159,100. The design work is anticipated to be completed within five months of issuance of the Notice to Proceed. Neill Engineers' fees also include bidding and construction phase support services.

During development of the SDMP Update, the project was managed by one of the City’s project management consultants, Wallace Group. With the Update complete, and a Project Manager now on board in Public Works, our in-house Project Manager will lead the project during design and subsequent construction.

FISCAL IMPACT:

Engineering design and construction support services by Neill Engineers for Amendment No. 1 is tabulated below.

No. Storm Drain Projects Fee
1 Acacia Way headwall $10,200
2 Eleventh Avenue - San Antonio to
Carmelo
52,800
3 Santa Fe Street – Eighth to MTNP 44,800
4 Lincoln Street and Second Avenue 39,000
5 FY 21 Paving Revisions 12,300
Total $159,100
The total fee for Neill Engineers, including the original Agreement authorization of $24,999, plus this Amendment No. 1 for a not-to-exceed fee of $159,100, is $184,099.

These four drainage projects were bundled together for efficiency of design, bidding, and construction. This bundling approach also provides a cost advantage due to economy of scale. Considering ongoing inflation, the rising costs of construction labor, and supply chain challenges, it is anticipated that additional funds may be needed at the time that a construction contract is awarded. The FY 2023/24 Capital Improvement Program included a Contingency Fund for such purposes.

The following table recaps the current budget associated with the $600,000 Drainage Project:

No. Project/Task Firm Fee
1 SDMP Update Schaaf & Wheeler $50,000
2 Project Management during
SDMP Update
Wallace Group 15,000
3 SDMP Update Tech Support Neill Engineers 25,000
4 Design 4 Priority Drainage
Improvements
Neill Engineers 159,100
5 Budget Available for 4
Drainage Improvements
TBD 350,900
Total $600,000
All expenditures for these projects are covered in the Capital Projects Fund Account No. 301-311-00- 43008.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted Resolution 2022-048, approving 25 FY 2022/23 Capital Improvement Projects, including the Citywide Drainage System Repair Design, Phase II. This project allocated $500,000 to supplement the development of drainage system improvement plans from the Drainage System Repairs, Phase I project’s $100,000 carryover funds from FY 2021/22.

In October 2022, Council adopted Resolution 2022-088, awarding a Professional Services Agreement to Schaaf and Wheeler Consulting Civil Engineers to update their 2020 Storm Drain Master Plan to reflect 20- year, rather than 10-year, storm events, for a fee of $50,000. Also in October 2022, the City Administrator executed a Professional Services Agreement with Neill Engineers Corp., in an amount of $24,999, to provide technical support for the SDMP Update.

In June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 Fiscal Year (FY) 2021/22 and 2022/23 Capital Improvement Projects, including the now-combined Drainage Design – Phases I and II Projects, with a combined initial budget of $600,000.

ATTACHMENTS:

Attachment 1) Resolution 2023-072
Attachment 2) Amendment No. 1 with Neill Engineers

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-072

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 NEILL ENGINEERS CORP. FOR CIVIL

ENGINEERING SERVICES ASSOCIATED WITH CITY-WIDE DRAINAGE IMPROVEMENT PROJECTS, FOR A NOT-TO-EXCEED FEE OF $159,100
WHEREAS, in June 2022, Council adopted Resolution 2022-048 approving capital improvement projects for Fiscal Year (FY) 2022/23, including the City-wide Drainage Improvement Project, Phase II, to supplement the prior year Drainage System Repair Project, Phase I, with a combined initial budget of $600,000; and WHEREAS, in October 2022, Council adopted Resolution 2022-088 awarding a Professional Services Agreement to Schaaf and Wheeler Consulting Civil Engineers to update their 2020 Storm Drain Master Plan (SMDP) to reflect 20-year, rather than 10-year, storm events; and
WHEREAS, in October 2022, the City Administrator executed a Professional Services Agreement with Neill Engineers, Corp., in an amount of $24,999, to provide technical support for the SDMP Update; and
WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving the carry-over of these now-combined projects into FY 2023/24; and
WHEREAS, based on the results of the completed SDMP Update and Council direction during development of the FY 2023/24 Capital Improvement Program, remaining project funds were reprogrammed to facilitate construction of several high-priority drainage improvements identified in the SDMP Update; and
WHEREAS, the first four drainage improvements selected for design and construction are:

Acacia Way headwall at Flanders Way, Eleventh Avenue storm drain, from Carmelo Street to San Antonio Avenue, Santa Fe Street storm drain, from Eight Avenue into an outfall into the Mission Trail Nature Preserve, and storm drains along Lincoln Street, from First to Second Avenues, and along Second Avenue west towards Monte Verde Street; and WHEREAS, Amendment No. 1 to the Professional Services Agreement was negotiated with Neill Engineers to provide the design of these four drainage projects, as well as bidding and construction support services, for a not-to-exceed fee of $159,100; and WHEREAS, sufficient funding is available for these services in the Capital Projects fund account, leaving a balance of approximately $350,900 for subsequent construction.

Attachment 1
Resolution No. 2023-072

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 Neill Engineers Corp. for civil engineering services associated with City-wide Drainage Improvement Projects, for a not-to-exceed fee of $159,100.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________ ___________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
AMENDMENT NO. 1 TO
AGREEMENT # PWD-NEILL-187-22-23

PROFESSIONAL CIVIL ENGINEERING DESIGN SERVICES FOR THE CITY OF CARMEL

STORM DRAIN IMPROVEMENT PROJECTS
FOR FISCAL YEAR 2021/22 & 2022/2023

1. This amendment (the "Amendment") is made by City of Carmel-by-the-Sea and Neill Engineers Corp, parties to Agreement #PWD-NEILL-187-22-23 (the "Agreement") executed on October 24, 2022.

2. The Agreement is amended as follows:
a. Section 1, Services, is amended to include the following professional Civil Engineering design services for the following Storm Drain capital improvement projects and related services, as described in the Scope of Services in Exhibit A.1:
 Acacia Way headwall
 11th Avenue storm drain from Carmelo Street to San Antonio Avenue  Santa Fe Street storm drain, from 8th Avenue To an Outfall into the Mission Trail Nature Preserve
 Storm drains along Lincoln Street, from 1st to 2nd Avenues, and along 2nd Avenue to Monte Verde Street
 Revisions to Plans and Specifications for the FY 2021/2022 Pavement Rehabilitation Project resulting from phasing changes identified in the 2023 Storm Drain Master Plan Update
b. Section 2, Compensation, of the Agreement is amended and restated as follows:

Subject to any limitations set forth in this Agreement, the City agrees to pay and Consultant agrees to accept as full and fair consideration for the performance of this Agreement, hourly fees as set forth in Consultant’s Fee Schedule (Exhibit “B.1”), in a total amount not-to-exceed One Hundred Fifty-Nine Thousand Once Hundred Dollars ($159,100) for services performed in Fiscal Year 2023/24. Therefore, the “Maximum Authorized Expenditure” under this Agreement, including Amendment No. 1, is One Hundred Eighty-four Thousand Ninety-Nine Dollars ($184,099).
c. Section 3, Agreement Term, of the Agreement is amended and restated as follows:

The work under this Agreement will commence by October 24, 2022 and must be completed by June 30, 2025 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement.

Consultant will perform Amendment No. 1 services in a timely manner and in accordance with the Project Schedule for Fiscal Year 2023/24 in Exhibit C.1.

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.

Attachment 2

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: ______________________ CITY:

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

By: _____________________________ Date: ______________________ Nova Romero, MMC, City Clerk
Attachment 2
Exhibit A.1 – Scope of Services for Amendment No. 1
The proposed projects are based on the recently-completed Storm Drain Master Plan Updated Final Report 2023 prepared by Schaaf & Wheeler and as requested by the City's Public Works Department.

The scopes of the projects are generally described as follows:

1. Acacia Way Headwall - Construct a headwall at the existing 12" concrete pipe entrance located at Acacia Way and Flanders Way. Construction of a concrete headwall will improve the pipe inlet condition, increase the inlet runoff capture capacity and maximize the available pipe capacity of the existing storm drain line. The headwall is proposed to use color concrete and rock-faced for aesthetic appearance.

2. 11th Avenue storm drain from Carmelo Street to San Antonio Avenue - Install an underground storm drain system along 11th Ave. from San Antonio to Carmelo to eliminate street surface flow along the center of the street. The existing catch basins at 11th & San Antonio do not capture the high-velocity street surface flow effectively, with water splashing and ponding at the intersection. The present condition creates an unsafe traffic hazard.

The project would extend the storm drain line up 11th Avenue from San Antonio to Carmelo to capture and collect the upstream runoff into an underground system to remove the intersection safety hazard. Catch basins and manholes will be installed at key locations at the intersection of Carmelo St. and San Antonio Ave.

The surface flow within walkway easement from San Antonio to Scenic will remain unchanged. (Storm Drain Master Plan Updated Final Report recommends replacement of this surface flow with an underground pipe). However, due to several large trees and existing utilities located within the easement, it may not be feasible to install an underground pipe within the walkway easement.

3. Santa Fe Street storm drain, from 8th Avenue to an Outfall into the Mission Trail Nature Preserve - Install an underground storm drain system along Santa Fe from 8th Ave. to the drainage channel outfall discharging into Mission Trail Park located at south end of Santa Fe.

The project would add catch basins and manholes at key locations at the intersection of 8th Avenue to capture and collect the street runoff into the new storm drain system. Presently most of the street runoff along Santa Fe north of 8th turns and flows to the west along 8th St., then turns and flows along Torres St. to the south. Under heavy rains, the homes along Torres St. are subject to flooding. This project will alleviate the risk of flooding along Torres St.

This work is considered an initial phase of the overall planned storm drain CIP improvements described in the Storm Drain Master Plan Updated Final Report for an underground storm drain system along Santa Fe St. from Mountain View to Mission Trail Nature Preserve.

Attachment 2

4. Storm drains along Lincoln Street, from 1st to 2nd Avenues, and along 2nd Avenue to Monte Verde Street - Install an underground storm drain system along Lincoln St. from south of 1st Ave. to 2nd Ave., and along 2nd Ave. down to Monte Verde. The improvements would intercept and collect runoff from an existing culvert crossing at Lincoln south of 1st Ave. and re-direct the culvert flow into an underground piping system running along Lincoln St. down to 2nd Ave. The existing culvert crossing discharges runoff onto private properties. The project will essentially eliminate the culvert runoff discharging onto private properties.

Catch basins and manholes would be added along Lincoln and at the intersection of 2nd Ave. to collect surface flow and improve drainage. The new storm drain line will extend down the closed portion of 2nd Ave. between Lincoln & Monte Verde and connect into an existing drainage inlet at Monte Verde.

This work is considered an initial phase of the overall planned storm drain CIP improvements described in the Storm Drain Master Plan Updated Final Report for 2nd Ave. & Monte Verde St.

5. Revisions to Plans and Specifications for the FY 2021/2022 Pavement Rehabilitation Project - resulting from phasing changes identified in the 2023 Storm Drain Master Plan Update to avoid impact with future Storm Drain Master Plan Improvements.

Our engineering design tasks for the above projects are as follows:
 Review Storm Drain Master Plan Updated Final Report 2023  Meetings w/Public Works Director, Project Manager and City Staff to review project recommendations, project scope
 Field survey and mapping of the project site areas (projects #1-4)  Prepare preliminary and progress plans
 Provide 30% and 90% submittals for City review
 Provide 90% submittal of Technical Specifications
 Complete Final Plans, Technical Specifications, Bid Schedule and Engineer's Cost Estimate (City to prepare Special Provisions & Bid Documents)
 Provide support services as needed during the bid period and during construction. (Pre-bid meeting, RFI's, addendums, pre-construction meeting, review Contractor submittals, periodic field visits during construction and other assistance as requested by City.) Attachment 2
Exhibit B.1 – Compensation and Hourly Rates for Amendment No. 1 Our Engineering Fees and Fee Schedule for the various projects are listed below:

ENGINEERING FEES
Project Title Design Bid Construction Total
1 Acacia Way $9,800 $200 $200 $10,200
2 11th/San
Antonio 50,800 500 1,500 52,800
3 Santa Fe to
MTNP 42,800 500 1,500 44,800
4 Lincoln & 2nd 37,000 500 1500 39,000
5 FY 21 Paving
Revisions 12,300 12,300
Total Notto-Exceed $159,100
2023/24 FEE SCHEDULE
Classification Hourly Rate
3-Person Field Survey Crew $332.00
2-Person Field Survey Crew $266.00
Principal Engineer $206.00
Project Engineer $195.00
Staff Engineer/Surveyor $174.00
Engineering Technician $144.00
Field Observer $137.00
CADD Draftsperson $129.00
Administrative Assistant $96.00
Blueprinting and Copying Cost + 10%
Other Consultants Cost + 10%
Attachment 2
Exhibit C.1 – Project Schedule
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 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 2023-073, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Ausonio, Inc. for Project Management Services for facility renovation projects for a not-to-exceed fee of $125,000 for Fiscal Year 2023/24
RECOMMENDATION:

Adopt Resolution 2023-073, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Ausonio, Inc. for Project Management Services for facility renovation projects for a not-to-exceed fee of $125,000 for Fiscal Year 2023/24.

BACKGROUND/SUMMARY:

In May 2022, based on Statements of Qualifications submitted by seven project management consultants, Ausonio, Inc. was selected by an evaluation committee as best qualified to implement the City’s facility renovation-oriented capital projects.

In June 2022, Council adopted Resolution 2022-048 approving 25 Fiscal Year (FY) 2022/23 Capital Improvement Projects. In August 2022, Council adopted Resolution 2022-065, awarding a three-year Professional Services Agreement to Ausonio, for delivery of nine (9) facility renovation projects, for a fee of $125,000 for FY 2022/23.

In June 2023, Council adopted Resolution 2023-067 approving 25 carry-over Capital Improvement Projects, including several facility renovation projects that were designed in FY 2022/23 but not yet constructed, and 16 additional FY 2023/24 Capital Improvement Projects, including several new facility renovation projects.

During FY 2022/23, the nine facility renovation projects assigned to Ausonio progressed as follows:

Two projects were substantially completed:

1. City Hall Retaining Wall Repair

2. Facility Conditions Assessment Report (City Hall, Fire Station, Public Works, Vista Lobos) Four projects were bundled together, design plans and specifications were prepared by architectural and hazardous materials testing firms, and bidding documents were compiled by Ausonio:

1. City Hall Roof Replacement

2. Sunset Center Hazardous Materials (Haz Mat) Remediation and Exterior Painting

3. Sunset Center Cottage Window Repairs

4. Harrison Memorial Library (HML) Haz Mat Remediation & Exterior/Interior Painting Two projects were designed to approximately 90% complete, but placed on hold pending further development of the separate Library Master Plan project:

1. HML Backup Generator

2. HML Carpet Replacement
One project was limited to an initial assessment, and then placed on hold pending further development of the separate Police Building project because this building may be used as swing space during renovations:

1. Vista Lobos Interior Remodel Design
During FY 2023/24, Ausonio will provide the following services:

For the four bundled facility renovation projects, Ausonio will administer the public bidding phase, and provide construction management and inspection services through project closeout.

For the San Antonio Walkway Reconstruction Project, between Second and Fourth Avenues, Ausonio will prepare design plans and specifications, administer the public bidding phase, and provide construction management and inspection services through project closeout.

For the Sunset Center Portico and Retaining Wall Repair Projects, Ausonio will manage the design, tentatively by the City’s on-call architectural firm, and have these two projects ready for bidding if funded for construction in FY 2024/25.

On-call, as-needed services will likely include: finalizing the carry-over City Hall Retaining Wall Repair Project, and developing a capital improvement plan/schedule for the most urgent repairs identified in the Facility Conditions Assessments Report.

Other ongoing tasks will include:

Providing project updates with City.

Coordinating projects with Public Works, Community Planning & Building, other City staff, and building occupants.

Meetings with technical experts, vendors, and trade contractors to solicit input.

Preparing construction cost estimates and schedule timelines.

Submitting projects for building permits.

Conducting pre-bid meetings and issuing addenda. Writing Notice to Proceed letters, conducting meetings with agendas and minutes, approving submittals, and negotiating change orders.

FISCAL IMPACT:

PM services for all Capital Improvement Projects will be charged to CIP Account Number 301-311-00- 43008. Services associated with the San Antonio Walkway, which was damaged during January storms, will be charged to the Public Works/Street Maintenance Division Account #101-119-41-42001, but these costs are anticipated to be reimbursed by FEMA. PM Services for on-call, as-needed services for incidental projects not associated with capital projects that may arise over the year, would be charged to the Public Works/Facility Maintenance Services Division Account #101-119-42-42001. There is sufficient budget in all three accounts for the proposed services.

Ausonio’s PM fee for FY 2022/23 was $125,000, which was approximately 14% of the total budget for assigned projects. At the end of FY 2022/23, the fee was nearly exhausted but remained within budget. The overall amount of effort, and consequently the fee, negotiated for FY 2023/24 appears to be equivalent to that of the prior FY. By comparison, the fee for FY 2023/24 of $125,000 is 17% of the total budget for assigned projects.

The FY 2022/23 and/or FY 2023/24 budgets for some of these facility renovation projects may already be low due to continuing cost escalation and inflation for architectural and engineering consultant fees, construction labor, materials, and transportation. Some of these projects will be scaled back to fit the available budget, while others will proceed as intended, with the caveat that additional funds may be needed at the time that construction contracts are awarded. A Contingency Budget was established in the FY 2023/24 Capital Improvement Program to cover such costs.

PRIOR CITY COUNCIL ACTION:

In June 2022, Council adopted Resolution 2022-048 approving 25 FY 2022/23 Capital Improvement Projects. In August 2022, Council adopted Resolution 2022-065, awarding a three-year Professional Services Agreement to Ausonio, Inc., for delivery of nine facility renovation projects, for a fee of $125,000 for FY 2022/23.

In June 2023, Council adopted Resolution 2023-067 approving 25 carry-over Capital Improvement Projects, including several facility renovation projects that were designed in FY 2022/23 but not yet constructed, and 16 additional FY 2023/24 Capital Improvement Projects, including several new facility renovation projects.

ATTACHMENTS:

Attachment 1) Resolution 2023-073
Attachment 2) Amendment No. 1 with Ausonio, Inc.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-073

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 AUSONIO, INC. FOR PROJECT MANAGEMENT SERVICES FOR FACILITY RENOVATION PROJECTS FOR A NOT-TOEXCEED FEE OF $125,000 FOR FISCAL YEAR 2023/24 WHEREAS, in June 2022, Council adopted Resolution 2022-048 approving 25 Fiscal Year (FY) 2022/23 Capital Improvement Projects, and in August 2022, Council adopted Resolution 2022-065, awarding a three-year Professional Services Agreement to Ausonio, Inc. for delivery of nine facility renovation projects, for a fee of $125,000 for FY 2022/23; and WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving 25 carry-over projects, including several facility renovation projects that were designed in FY 2022/23 but not yet constructed, and 16 additional FY 2023/24 Capital Improvement Projects, including facility renovation projects; and
WHEREAS, Amendment No. 1 to the Professional Services Agreement was negotiated with Ausonio to provide bidding and construction management services for the following carryover projects: City Hall Roof Replacement Project, Sunset Center Hazardous Materials Remediation and Exterior Painting Project, Sunset Center Cottage Window Repairs, and Harrison Memorial Library Hazardous Materials Remediation and Exterior and Interior Painting projects; and
WHEREAS, per Amendment No. 1, Ausonio will also prepare the design and manage construction of the San Antonio Walkway Reconstruction Project, manage the design of the Sunset Center Portico and Retaining Walls Repair Projects, and provide on-call, as-needed project management services, for a not-to-exceed fee of $125,000 for FY 2023/24, and WHEREAS, there is sufficient budget available in the Capital Fund Account to cover fees for the Capital Improvement Projects, as well as in the Public Works/Street Maintenance and Public Works/Facility Maintenance contractual services accounts to cover non-CIP projects.

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

Authorize the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Ausonio, Inc. for Project Management Services for facility renovation projects for a not-to-exceed fee of $125,000 for Fiscal Year 2023/24.

Attachment 1
Resolution No. 2023-073

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________ __________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2023-074 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. PBD-EMC-037-22-23 with EMC Planning Group, Inc. to prepare an Initial Study in accordance with the California Environmental Quality Act (CEQA) for a not-to-exceed amount of $40,455 increasing the total contract cost to $279,600
RECOMMENDATION:

Adopt Resolution 2023-074 authorizing the City Administrator to execute an Amendment to Professional Services Agreement No. PBD-EMC-037-22-23 with EMC Planning Group, Inc. to prepare an Initial Study in accordance with the California Environmental Quality Act (CEQA) for a not-to-exceed amount of $40,455 increasing the total contract cost to $279,600.

BACKGROUND/SUMMARY:

On February 7, 2023, the City Council adopted Resolution 2023-024 authorizing the City Administrator to execute a Professional Services Agreement with EMC Planning Group Inc. for a not-to-exceed fee of $239,145.00 to update the General Plan Housing and Safety Elements.

The 30-day public review period for the Public Review Draft of the updated Housing Element was completed on July 6, 2023. Staff is currently preparing responses to public comments and will be starting the required environmental review in accordance with the California Environmental Quality Act (CEQA) on the updated document. The environmental review task was an optional line item in the original contract.

EMC Planning Group, Inc. has provided a proposal to complete the environmental work for a not-to-exceed amount of $40,455.

The Carmel Municipal Code requires the City Council to approve all contracts valued at $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 EMC Planning Group that increases the not-to-exceed contract amount by $40,455, from $239,145 to $279,600.

FISCAL IMPACT:

Consultant fees for the project are $239,145.00. The cost will be fully paid with grant funding from SB2, LEAP, and REAP. In 2019 and 2020, the City received three grant awards totaling $290,000 to assist with the cost of updating the Housing Element: SB2 ($160,000), LEAP ($65,000), and REAP ($65,000).

PRIOR CITY COUNCIL ACTION:

On February 7, 2023, the City Council adopted Resolution 2023-024 authorizing the City Administrator to execute a Professional Services Agreement with EMC Planning Group Inc. for a not-to-exceed fee of $239,145.00 to update the General Plan Housing and Safety Elements.

ATTACHMENTS:

Attachment 1) Resolution 2023-074
Attachment 2) Proposal & Schedule

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-074

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. PBD-EMC-037-22-23 WITH EMC PLANNING GROUP, INC. TO PREPARE AN INITIAL STUDY IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NOT-TO-EXCEED AMOUNT OF $40,455 INCREASING THE TOTAL CONTRACT COST TO $279,600
WHEREAS, on February 7, 2023, the City Council adopted Resolution 2023-024 authorizing the City Administrator to execute a Professional Services Agreement with EMC Planning Group Inc. for a not-to-exceed fee of $239,145.00 to update the General Plan Housing and Safety Elements; and
WHEREAS, the 30-day public review period for the Public Review Draft of the updated Housing Element was completed on July 6, 2023, and City staff are currently preparing responses to public comments; and
WHEREAS, environmental review in accordance with the California Environmental Quality Act (CEQA) is required and was included as an optional task in the original contract; and WHEREAS, EMC Planning Group, Inc. has provided a proposal to complete the environmental work for a not-to-exceed amount of $40,455; and WHEREAS, the Carmel Municipal Code requires Council to approve contracts with a value of $25,000 or more by Resolution; and
WHEREAS, in 2019 and 2020 the City received three grant awards totaling $290,000 to assist with the cost of updating the Housing Element: SB2 ($160,000), LEAP ($65,000), and REAP ($65,000); and,
WHEREAS, the project will be fully funded by SB2, LEAP, and REAP grants.

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 No. PBD-EMC-037-22-23 with EMC Planning Group Inc., to prepare an Initial Study in accordance with the California Environmental Quality Act (CEQA) for a not-to-exceed amount of $40,455 increasing the total contract cost to $279,600.

Attachment 1
Resolution No. 2023-074

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 11th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
June 8, 2023
Marnie R. Waffle, AICP
Principal Planner
City of Carmel-by-the-Sea
City Hall
Carmel-by-the-Sea, CA 93921
Re: Carmel-by-the-Sea Housing Element Update & Safety Element Update (2023-2031) Request for Contract Amendment #1 (CEQA) Revised
Dear Marnie,
Based on our understanding of the anticipated buildout of the Housing Element Update and a preliminary understanding of potential impacts, the assumption is the project would qualify for a mitigated negative declaration (MND), or possibly a negative declaration (ND).

The attached budget spreadsheet reflects the anticipated tasks and associated costs for preparation of an initial study to support the MND/ND. If it is determined that a significant and unavoidable impact would occur as a result of the Housing Element and Safety Element Updates, then an environmental impact report (EIR) would be prepared and an additional contract amendment would be required. Also note the scope and budget included with this contract amendment is based on the following assumptions:
 No more than ten (10) written public comment letters would be received during the 30-day public review period for the MND, and these letters would not raise new issues that require additional analysis. Any additional written public comments may require a contract amendment;
 City staff would conduct all required distribution, publication, and noticing tasks associated with release of the MND, publication of notices in a local newspaper, public hearing notices, as well as filing the Notice of Determination with the Monterey County Clerk;
Attachment 2
Marnie Waffle, AICP, Principal Planner
City of Carmel-by-the-Sea
June 8, 2023, Page 2
 City staff will provide all internal comments on the administrative draft in one consolidated set of comments (electronically);
 City staff will coordinate with EMC Planning Group to permit EMC staff to submit all CEQA notices/documentation (as an authorized “submitter”) via the State Clearinghouse’s online submittal portal (CEQA Submit);  Up to ten (10) hard copies of the public review IS/MND will be provided for the City’s use and distribution. The administrative draft will be provided electronically.

A spreadsheet is attached presenting the budget for the IS/MND process. The following table provides an overview of the contract, including this contract amendment request.

Contract Overview
Current Contract (including contingency) $239,145
Amendment #1 $40,455
Total New Contract Amount After Approval of this Amendment $279,600 We look forward to continue to work with you and City staff on this important planning effort. Please let me know if you have any questions.

Sincerely,
Teri Wissler Adam
Senior Principal
Attachment Budget Spreadsheet
Attachment 2
Task
Staff
Senior Principal
(Wissler Adam/
Sissem)
Principal
Planner
Associate
Planner (Lutz)
Associate
Planner
(Mortensen)
Principal
Biologist
Senior
Biologist Graphics Production Manager Admin./ Production Billing Rate (Per Hour) $275.00 $220.00 $165.00 $165.00 $210.00 $170.00 $140.00 $125.00 $115.001. Management/Consultation/Meetings 4.0 4.0 8.0 0.0 0.0 0.0 0.0 0.0 2.0 18.0 $3,530.002. Research 0.0 0.0 8.0 8.0 0.0 2.0 0.0 0.0 0.0 18.0 $2,980.003. Project Description 2.0 4.0 16.0 0.0 0.0 0.0 4.0 0.0 0.0 26.0 $4,630.004. Admin Draft IS/MND 12.0 0.0 34.0 24.0 4.0 14.0 6.0 2.0 1.0 97.0 $17,295.005. Public Review IS/MND/Public Notices 1.0 0.0 8.0 4.0 1.0 1.0 2.0 4.0 1.0 22.0 $3,530.006. Response to Comments/Final MND/MMRP 4.0 0.0 14.0 2.0 2.0 0.0 0.0 2.0 1.0 25.0 $4,525.007. Public Hearings (2) and NOD 12.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 1.0 14.0 $3,580.00Subtotal (Hours) 35.0 8.0 89.0 38.0 7.0 17.0 12.0 8.0 6.0 Total Hours Total CostSubtotal (Cost) $9,625.00 $1,760.00 $14,685.00 $6,270.00 $1,470.00 $2,890.00 $1,680.00 $1,000.00 $690.00 220.0 $40,070.00 Additional Costs
Production CostsTravel CostsPostal/DeliverablesMiscellaneous (includes CNDDB Records Search)Administrative Overhead 10%Total Total Costs
NOTE: This proposal is valid for 90 days
City of Carmel-by-the-Sea 6th Cycle Housing Element Update IS/MND Budget (Revised June 8, 2023) EMC Planning Group Inc.

Total Cost Total Hours
$50.00
$385.00
$35.00
$250.00
$25.00$25.00
$40,455.00
Activity Name Duration (Days) Start Date Finish Date 25 2 9 16 23 30 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 Jul 23 Aug 23 Sept 23 Oct 23 Nov 23 Dec 23 25 2 9 16 23 30 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 Notice to Proceed 0.00 7/12/23 7/12/23Draft VMT Analysis 16.00 7/12/23 8/2/23EMC/City Staff Review 3.00 8/2/23 8/4/23Final VMT Analysis 5.00 8/7/23 8/11/23Draft Project Description 8.00 7/12/23 7/21/23City Staff Review 5.00 7/24/23 7/28/23Admin Draft IS/MND 28.00 7/12/23 8/18/23City Staff Review 10.00 8/21/23 9/1/23Public Review IS/MND &Public Notices

9.00 9/5/23 9/15/23
30-Day Public ReviewPeriod

22.00 9/15/23 10/16/23
Responses toComments/FinalMND/MMRP

14.00 10/17/23 11/3/23
Public Hearing(s) 21.00 11/7/23 12/5/23NOD Filing 0.00 12/6/23 12/6/23 123456789
10 11
1213
June 9, 2023
City of Carmel-by-the-Sea Housing Element Update IS/MND Schedule

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
July 11, 2023

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Update on the Housing Element Public Review Draft RECOMMENDATION:

Receive report and provide direction.

BACKGROUND/SUMMARY:

The City of Carmel-by-the-Sea last updated the General Plan Housing Element in 2015 for the 5th cycle planning period of 2015-2023. The Housing Element is required under State law to be updated every eight (8) years in a manner consistent with the Regional Housing Needs Allocation (RHNA). The 6th cycle planning period is 2023-2031, and the City’s RHNA is 349 housing units. The Housing Element includes policies, programs, incentives, and objectives to achieve the City’s housing goals and must be adopted by the local jurisdiction and certified by the California Department of Housing and Community Development (HCD) by December 2023.

Housing Ad-Hoc Committee
In 2022, a Housing Ad-Hoc Committee was established. Vice Mayor Bobby Richards and Councilmember Karen Ferlito were appointed to work with staff throughout the Housing Element update process and bring recommendations to the full Council for action throughout the process. The Housing Ad-Hoc Committee has been meeting regularly since October 2022 and has hosted three community meetings.

Contract with EMC Planning Group
On December 9, 2022, the City released a Request for Proposals (RFP) soliciting proposals from qualified professionals to update the General Plan Housing Element and Safety Element. On February 7, 2023, the city approved a professional services agreement with EMC Planning Group to assist staff with preparing the updates. EMC is located in Monterey, California, and has provided land use, planning, and environmental consulting services to public agencies throughout California for 44 years. The firm has prepared housing elements for jurisdictions throughout the State, including several recently completed and certified elements, as well as ongoing preparation of 6th Cycle Housing Element updates with the Town of Los Gatos and the Cities of Larkspur, Monte Sereno, Belvedere, and Sand City. EMC has a history of partnering with the City of Carmel-by-the-Sea. Past projects include but are not limited to the City’s Local Coastal Plan and Mitigated Declaration (2000 – 2003) and the Coastal Engineering and Adaptation Planning project (2022, ongoing).

Public ReviewDraft
On June 6, 2023, the Public Review Draft of the 6th cycle Housing Element was released for a 3-day public review period. the Housing Element Public Review Draft is 302 pages, and is available at the following link:
https://homecarmelbythesea.com/20454/widgets/65851/documents/43466. A Reader's Guide is included as Attachment 1. On June 15, 2023, the Housing Ad Hoc Committee hosted a joint City Council and Planning Commission special meeting to discuss the Public Review Draft of the updated Housing Element. Staff received comments from the Council, Planning Commission, and the public at the meeting.

The public review period ended at 5:00 PM on Thursday, July 6th. Over the next few weeks, staff and our EMC partners will be cataloging and preparing responses to the comments received during the joint City Council/Planning Commission special meeting held on June 15 th
, through the dedicated project website,
https://homecarmelbythesea.com/, and via email. The topics discussed in this report are not meant to be an exhaustive list of all public comments received during the public review period.

Policy Questions and Recommendations
Based on a preliminary review of comments received on the first draft Housing Element update, staff is seeking policy direction from the City Council on topics of significant interest and impact. Policy direction from the City Council will inform revisions to the draft Housing Element, which will be presented (along with the full public comment matrix) for Council review on August 1, 2023, prior to submittal to the State Department of Housing and Community Development (HCD) for their 90-day review.

To help guide the discussion, this section is formatted as follows:

Description of the Policy Question
Concerns expressed through comments received
Response to clarify the intended policy direction
Recommendation from Ad Hoc Committee and Staff

1. Policy Question: Should we amend Program 1.3.B: R-1 Motel (Conversion) Development Transfer Rights to include existing motels not just in the R-1 but in every zoning district? Please note that the term “motel” is in reference to any transient lodging: hotel, motel, inn, b&b, etc.

Concern: A missed opportunity to convert hotel sites in the downtown to multi-family housing.

Response: The previous 5th cycle Housing Element included Program 3-4.1.B: Conversion of R-1 Motels, allowing the conversion of R-1 motel units into permanent residences with the transfer of vacated rooms to the commercial district. This program is proposed to continue under the 6th cycle Housing Element as Program 1.3.B. Note that this program involves a transfer of development rights (motel rooms) from the existing site to an alternative downtown site.

At the joint City Council/Planning Commission special meeting on June 15, 2023, it was suggested that limiting the potential conversion of motels into permanent residences to only the R-1 district could result in a missed opportunity to convert a motel in the downtown (CC, RC, SC districts)t to multi-family housing. A review of the Municipal Code revealed that a hotel in any zoning district can be converted and the rooms transferred to another commercially zoned site.

Recommendation: Modify Program 1.3.B to reflect its application to all hotels in all districts.

2. Policy Question: Should we keep Program 1.4.B: Objective Design Standards to develop objective design standards for affordable multi-family housing projects? If not, should we remove one or more sites carried over from the 5
th Housing Element cycle?
Concern: Loss of discretionary review process.

Response: State law requires that any site identified for affordable housing during the 5 th cycle
Housing Element that did not develop as planned, and is being carried over as a site for the 6 th cycle
Housing Element, must be approved by-right with no use permit or discretionary design review if the project includes at least 20 percent, deed-restricted, affordable units. There are 21 sites (with a total of 110 units) currently proposed to be carried over from the 5 th cycle (refer to Table 1 below).

Table 1. 5
th Cycle RHNA Sites
Carmel Realty office (6 units)
Three Garages (10 units)
Café Carmel (4 units)
Wells Fargo (11 units)
Yafa (5 units)
Court of the Fountains (12 units)
First American Title (2 units)
Monte Verde & 7th (2 units)
Chase Bank (2 units)
Olivier (2 units)
Parashis (4 units)
The Agency (2 units)
Faherty’s (9 units)
Star Child (2 units)
Sunset Terrace (6 units)
Bell Tower Court (3 units)
Enzo’s (4 units)
Doude Arcade (5 units)
Paseo San Carlos Square (7 units)
Carmel Office Supply (2 units)
Ocean & Dolores (10 units)
Because Carmel-by-the-Sea is facing a loss of discretionary review powers under these circumstances, the adoption of objective design standards would mitigate the potential impact of byright approvals. Adopting objective design standards ensures that local control is retained over the design of these sites if an application is submitted for a housing project that includes at least 20 percent affordable units. The creation of objective design standards would occur through a public process in collaboration with the community and would be reviewed by the Planning Commission and adopted by the City Council. Without objective design standards in place, the City will lack a mechanism to control building design and materials, landscaping, or any other principles currently supported by the City’s Design Guidelines
Recommendation: Keep Program 1.4.B and develop objective design standards for projects with at least 20% affordable multi-family housing.

3. Policy Question: Should we keep a vacancy tax on the list of potential options in Program 2.1.D:

Establish Affordable Housing Trust Fund?
Concern: Imposing a vacancy tax on seasonal/vacation homes infringes on private property rights.

Response: A vacancy tax is one of many potential options that could be explored over the next 8 years (2023-2031) to fund, wholly or in part, an Affordable Housing Trust Fund. Exploring the feasibility of adopting a vacancy tax demonstrates to the State HCD that we are open to considering various funding streams. If it is determined that a vacancy tax only applies to Charter cities and not General Law cities like Carmel, or if the courts find vacancy taxes to be unconstitutional, or if we simply conclude it is not an appropriate tool for Carmel, we would cease exploration of the concept and report our findings to HCD. It is important to understand the commitment to explore is not a commitment to adopt a vacancy tax.

Recommendation: Remove vacancy tax from Program 2.1.D as a potential funding source for an Affordable Housing Trust Fund.

4. Policy Question: Should Program 3.1.A: Mixed Use Affordable Housing be modified to remove consideration of a third story when devoted to affordable housing? Concern: Two and three-story buildings downtown may negatively impact Carmel’s character.

Response: Two-story buildings are a common feature of the downtown and are allowed (and always have been allowed) throughout the commercial districts. Encouraging the addition of a second story to one-story buildings would add housing and, in many cases, would serve to improve the aesthetics of the downtown by shielding rooftop mechanical equipment and unsightly adjacent blank walls. Two examples of this existing condition are the Carmel Realty building at the northeast corner of Dolores and 8th and a series of one-story buildings on the east side of Dolores between 5 th & 6th
. In both of
these areas, because the surrounding context is primarily two-story buildings, second-story additions could blend well with and complement the streetscape. All newly created second-floor space would be occupied by residential uses only.

Increasing the 30’ height limit to allow 3-story buildings are not under consideration. However, it should be recognized there are examples of existing 3-story buildings downtown that blend well with the streetscape. These include the following buildings:

Southeast corner of Ocean and Monte Verde;
Monte Verde 2 southwest of Ocean (Mote Verde Inn);
Northeast corner of Monte Verde & 6th (Pine Inn);
Ocean 2 northwest of Lincoln (Pine Inn);
Monte Verde 2 northeast of 7th (L’Auberge);
Northeast corner of 7th & San Carlos (Nielsen Market);
Northeast corner of 8th & San Carlos (Villa San Carlos); East side of Mission between Ocean & 7th (Carmel Plaza); San Carlos and Camino del Monte (Hofsas House), and
Junipero between 5th and 6th (Carmel Bay View Inn).

In the 5
th cycle Housing Element, Program 3-2.1.c: Incentives for Mixed-Use Affordable Housing included exploring the potential of allowing a third story when devoted to affordable housing as a development incentive. While no project applicants requested a third story for affordable housing, the previously approved Del Dono project included affordable housing and a third-floor mezzanine.

Encouraging third-floor (not third-story) mezzanines within two-story buildings could be a creative option to accommodate housing while maintaining the appearance of a two-story building from the exterior. Note that “story” references the exterior of a building, and “floor” references the interior.

Recommendation: Modify Program 3.1.A: Mixed Use Affordable Housing to allow for a third-floor (not a story) mezzanine within the current height limits to encourage the development of affordable housing. Note the current height limits are as follows. In the CC and SC districts, structures are limited to a maximum of 30 feet. In the RC and R-4 districts, structures are limited to a maximum of 26 feet. Building sites that face, abut, or adjoin any property in the R-1 district are limited to a height of 24 feet.

5. Policy Question: Should we consider using Senate Bill (SB) 10 for the Regional Housing Needs Allocation (RHNA) sites zoned R-1, or should we remove them from the site's inventory? Concern: We committed to meeting our Regional Housing Needs Allocation (RHNA) without having to rezone property, but there are R-1 properties included in the site’s inventory.

Response: The following sites are identified as potential housing sites and are currently zoned R-1:

Red Cross (5 units),
American Legion (5 units),
First Church of Christ Scientist (9 units),
Carmel Presbyterian Church (36 units), and
Pine Inn Parking Lot (5 units).

While zoned R-1, all sites contain non-residential uses. These sites could be potential housing sites and retain their R-1 zoning if Senate Bill (SB) 10 is utilized. SB10 is a voluntary process that allows cities to override the underlying zoning of a parcel and permit up to 10 housing units.

Recommendation: Remove the Pine Inn Parking Lot and Carmel Presbyterian Church from the site's inventory. The City has learned that the property owner of the Pine Inn Parking Lot is exploring an alternative design concept. Carmel Presbyterian Church has a potential capacity that exceeds 10 units and would be underutilized under SB10. If the City Council prefers not to use SB10 on the remaining three sites, staff recommends they be removed and replaced with alternative sites.

6. Policy Question: Should we modify Program 1.3.C: Accessory Dwelling Units to remove the creation of standardized, pre-approved Accessory Dwelling Unit plans? Concern: Accessory Dwelling Units are not affordable and are not being rented out, so why incentivize them?
Response: State law streamlined the permitting process for ADUs by eliminating a local jurisdiction's ability to require a use permit or conduct a discretionary design review for an ADU. Through the adoption of a local ADU ordinance, the City can regulate the design of an ADU through objective design standards. Carmel’s local ordinance with objective ADU standards is currently being drafted.

The creation of standardized, pre-approved ADU plans provides “shelf-ready” construction drawings to interested property owners, further streamlining the permit process and reducing the cost. This type of incentive can be beneficial to homeowners seeking to establish an ADU.

Increasing the supply of ADUs is an important piece of the overall housing plan. It provides a housing opportunity for various household types (aging parents, caregivers, college students, disabled family members, single parents, empty nesters, etc.). ADUs can also provide an income stream to property owners, lessening the financial burden of homeownership. Whether or not an ADU is rented at market-rate or “free” today, tomorrow, or sometime over the course of 50 years, every newADU adds a potential housing opportunity and diversifies the housing stock.

Recommendation: Retain Program 1.3.C to explore the creation of standardized, pre-approved Accessory Dwelling Unit plans.

7. Policy Question: Should we keep properties that contain parking lots on the site's inventory, or should we remove them?
Concern: Elimination of parking to provide more housing would exacerbate existing parking issues.

Response: The site's inventory can be found in Appendix C of the Draft Housing Element. A list of sites is provided in Table C-3. Some of the sites include existing parking lots that provide private parking, such as Bruno’s Market, or public parking, such as the Sunset Center. While parking is unquestionably a necessity, parking lots are often underutilized pieces of land that hold a higher development potential than just parking spaces. Identifying these sites as opportunities for future housing does not mean that parking will be replaced with housing. Rather, the City can require that existing parking be incorporated into the design of a new housing project, which could include underground parking or at-grade parking with housing above. If spatially and financially feasible, the supply of parking could even increase through more efficient site design. It is worth noting numerous underground parking garages throughout the Village supply much-needed parking without the undesirable appearance of an asphalt parking lot.

Recommendation: Retain sites with parking lots on the site's inventory on the condition that existing parking spaces are incorporated into the design of any future housing project.

Next Steps and Timeline
The public comment period on the Public Review Draft of the Housing Element closed at 5:00 PM on Thursday, July 6th. Between July 7th and July 20th, City staff and EMC Planning Group will be reviewing public comments in coordination with the Housing Ad Hoc Committee, and preparing a catalog of written responses for submittal to HCD with the draft Housing Element. Based on public comments received and the feedback and policy direction received this evening, staff will revise the draft Housing Element.

On August 1, 2023, staff will present the revised document to the City Council and request authorization to submit the draft Housing Element to HCD for the State’s 90-day review period.

After receiving comments from HCD, the draft Housing Element will be revised and resubmitted for certification. Any substantive changes in policy would be brought back to the City Council for consideration prior to resubmitting for certification. Once staff receives notification from HCD that the Housing Element is in substantial compliance with state law, staff will present the final document to the City Council for adoption.

FISCAL IMPACT:

Consultant fees for the 2023-2031 Housing Element (and Safety Element) update project are $239,145.00.

The cost will be fully paid with grant funding from SB2, LEAP, and REAP. In 2019 and 2020, the City received three grant awards totaling $290,000 to assist with the cost of updating the Housing Element: SB2 ($160,000), LEAP ($65,000), and REAP ($65,000).

PRIOR CITY COUNCIL ACTION:

On February 7, 2023, the City Council entered into a Professional Services Agreement with EMC Planning Group for the 6th cycle Housing Element update and General Plan Safety Element update.

ATTACHMENTS:

Attachment 1) Reader's Guide
Attachment 2) Draft 2023-2031 Housing Element
Housing Element Update 2023-2031
Public Review Draft Summary / Reader’s Guide
June 9, 2023
The City is progressing with its 2023-2031 Housing Element update project, with a public review draft released on June 5, 2023. Below you will find key project dates and a high-level overview of the 5 chapters plus appendices A-F that comprise the 2023-2031 Draft Housing Element.

Key Project Dates (updated)
June 5th: Public Review Draft published on H.O.M.E. website (“Housing Opportunities Made Easier”)
June 6th: Draft release advertised via City’s Constant Contact Listserv and on the City website homepage
June 15th: Joint City Council/Planning Commission Workshop (Sunset Center, Carpenter Hall @ 5:30 pm and via Zoom) to discuss the Public Review Draft July 6th: Public comment period closes
July 11th: City Council meeting to review public comments Aug 1st: City Council meeting to review revised draft Housing Element (NEW) Aug 2nd: Submit draft Housing Element to the State Department of Housing and Community Development (HCD) for a 90-day review period (updated) Oct 31st: Receive comments from HCD (updated)
Overview of Draft 2023-2031 Housing Element (6th cycle) Chapter 1 - Introduction (15 pages)
● 5th Cycle: 18 above moderate (market-rate) housing units were constructed during the eight-year 2015-2023 5th cycle Regional Housing Needs Allocation (RHNA), which equals 58% of the 5th cycle RHNA goal of 31 units.
● 6th Cycle: The 6th cycle RHNA goal is 349 units constructed over the eight-year period from July 2023 to June 2031.

Chapter 2 - Goals, Policies, and Programs (25 pages)
● State law requires that each program have a “quantified objective.” This is a goal for the City to work towards and a metric to report annually to HCD on progress. ● At this time, there are no penalties for not reaching the objective. Programs that are unsuccessful in reaching the objective will be re-evaluated in the 7th cycle. ● Each program description is followed by a note specifying if the program is new or carried over from the 5th cycle.
● Some of the proposed programs would require a Zoning Code Amendment if adopted.

The proposed amendments are summarized below.
○ Revise existing parking standards for new housing units; ○ Establish a 33 dwelling unit per acre (du/ac) minimum density for new housing projects (Note: This results in 3 units on a 4,000-square-foot lot); ○ Adopt a housing overlay zoning district with objective design and development standards for qualifying projects;