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, September 12, 2023
4:30 PM
HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser.
https://ci-carmel-ca-us.zoom.us/j/84290242781 Meeting ID: 842 9024 2781 Passcode:
391897 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.
OPEN SESSION
4:30 PM
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
EXTRAORDINARY BUSINESS
A. Proclamations for Childhood Cancer Awareness Month
B. Carmel High School Report Out
PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.
Matters not appearing on the agenda will not receive action at this meeting and may be referred to staff. Persons are not required to provide their names, and it is helpful for speakers to state their names so they may be identified in the minutes of the meeting.
ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Councilmember Announcements
CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.
1. July 31, 2023 Special Meeting Minutes, and August 1, 2023, Regular Meeting Minutes
2. July 2023 Monthly Reports
3. July 2023 Check Register Summary
4. Resolution 2023-081, authorizing the City Administrator to apply for and accept funds from the California Coastal Commission Local Coastal Program Local Assistance Grant Program for the Coastal Engineering and Adaptation Planning Project
5. Resolution 2023-082, rejecting all bids received for four Facility Renovation Projects, and directing staff to evaluate alternative contracting methods before re-advertising for bids
6. Resolution 2023-083, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with BKF Engineers for the Concrete Streets Repair Project, for a not-to-exceed fee of $49,092
7. Resolution 2023-084 authorizing the City Administrator to execute Amendment No.1 with Digital Deployment, Inc. for website and hosting services for a new not to exceed amount of $181,150 and extend the contract through June 30, 2028
8. Resolution 2023-085 authorizing the City Administrator to execute a Professional Services Agreement with Carmel Chamber of Commerce for Visitor Center operations and services for a not-to-exceed amount of $60,000 and a term expiring on June 30, 2024
9. Resolution 2023-086 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule)
10. Resolution 2023-087 Accepting a Donation of $7,500 for the Carmel-by-the-Sea Police Department
11. Resolution 2023-088 Accepting a Donation of Twenty-Five Thousand Dollars ($25,000.00) to the City of Carmel-by-the-Sea’s Forest Hill Park
12. Adopt Resolution 2023-089 authorizing a refund of a Mills Act application fee in the amount of $2,688 to Chris Fenton.
13. Adopt Resolution 2023-090 authorizing a refund of a Mills Act Contract application fee in the amount of $2,688 to Katherine Shaw
PUBLIC HEARINGS
14. Consideration of initiating amendments to the General Plan and Local Coastal Plan to change the General Plan land use designation for the Pine Inn parking lot (APN 010- 212-010) from Single-Family Residential to Multi-Family Residential and facilitate the transfer of hotel rooms from the Pine Inn to the Pine Inn parking lot.
15. Review the Historic Resources Board’s July 17, 2023 decision to issue a Determination of Consistency with the Secretary of the Interior’s Standards for the construction of a 15,351-square-foot mixed-use building with a 9,805-square-foot subterranean garage on a portion of the Northern California Savings & Loan Complex site, and consider adoption of Resolution 2023-091 upholding the Determination of Consistency and conditions of approval for the construction project DR 23-140 (Esperanza Carmel Commercial – JB Pastor Building)
16. Introduction of Ordinance No. 2023-006 (first reading), which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter
17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220,
17.18.030, 17.40.070, 17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030,
17.58.040, 17.68.070, 17.70.010 and 17.70.020 and to municipal code sections
12.08.050, 12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act
FUTURE AGENDA ITEMS
ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between OceanAvenue and 7thAvenue, Harrison Memorial Library, located on the NE corner of Ocean Avenue and Lincoln Street, the Carmel-by-the-Sea Post Office, 5th Avenue between Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us in accordance with applicable legal requirements.
SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THEAGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda, received after the posting of the agenda will be available for public review at City Hall located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours.
SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
EXTRAORDINARY BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Proclamations for Childhood Cancer Awareness Month RECOMMENDATION:
Present a proclamation declaring September as Childhood Cancer Awareness Month to Jacob's Heart Cancer Support Services and Kids Cancer Connection, Inc.
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
Proclamation - Jacob's Heart
Proclamation - Kids Cancer Connection, Inc.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
PROCLAMATION
HONORING JACOB’S HEART AND DECLARING SEPTEMBER 2023 AS CHILDHOOD CANCER
AWARENESS MONTH
WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and
WHEREAS, each year, 19.1 in every 100,000 children in our community will be diagnosed with cancer; and
WHEREAS, cancer remains the leading cause of death by disease among children— more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and WHEREAS, Jacob’s Heart has been keeping medically fragile children and families housed, fed, and emotionally supported by steadfastly adhering to the following commitments: 1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and able to focus attention on their children: 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No child seriously ill child in our community will ever miss a medical appointment because of a lack of transportation; and
WHEREAS, Jacob’s Heart holds the memories and honors legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and
WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 25 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of Carmel-by-the-Sea; and WHEREAS, it is important for all Carmel-by-the-Sea City residents to recognize the impact of pediatric cancer on families within our community and honor the children in our community whose lives have been cut short by cancer.
NOW, THEREFORE, I, Dave Potter, Mayor of the City of Carmel, hereby declare September 2023, as Childhood Cancer Awareness Month in the City of Carmel-by-the-Sea, and do hereby honor Jacob’s Heart Children’s Cancer Support Services for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.
September 12, 2023
______________________
Dave Potter, Mayor
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
PROCLAMATION
HONORING KIDS CANCER CONNECTION AND DECLARING SEPTEMBER 2023 AS CHILDHOOD
CANCER AWARENESS MONTH
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age 15.
This tragic disease is detected in more than 16,000 of our country's young people each and every year. An estimated 400,000 children and adolescents are diagnosed with cancer globally each year; and
WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many infants, children and teens will suffer from long-term effects of comprehensive treatment, including secondary cancers; and
WHEREAS, founded nearly 30 years ago by Steven Firestein, a member of the philanthropic branch of the Max Factor cosmetics family, the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. in collaboration with Lions Clubs International are dedicated to helping these children and their families; and
WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Lucile Packard Children's Hospital Stanford, Community Hospital of the Monterey Peninsula - Montage Health, Cottage Children's Medical Center, Valley Children's Healthcare and Hospital, The City of Hope National Medical Center, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families; and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor toy distributions, family sailing programs, pet-assisted therapy, Laughternoon - Laughter is Healing, KCC Supercar Experience, first responder programs, Home and Hospital Instructional programs and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer.
NOW, THEREFORE, I, Dave Potter, Mayor of the City of Carmel, hereby declare September 2023, as Childhood Cancer Awareness Month in the City of Carmel-by-the-Sea, and do hereby honor American Cancer Fund for Children and Kids Cancer Connection for their outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.
September 12, 2023
_____________________
Dave Potter, Mayor
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
July 31, 2023 Special Meeting Minutes, and August 1, 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) July 31, 2023 Minutes
Attachment 2) August 1, 2023 Minutes
CITY COUNCIL
SPECIAL MEETING MINUTES
July 31, 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.
CLOSED SESSION
City Attorney Pierik read the closed session agenda titles.
1. 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
2. Public Employee Performance Evaluation (Government Code § 54957) City Attorney
3. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case).
PUBLIC APPEARANCES
None
ADJOURNMENT
Council adjourned open session at 4:31 pm.
SIGNED: ATTEST:
______________________________ __________________________________ Mayor Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
CITY COUNCIL
REGULAR MEETING MINUTES
August 1, 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 Richards, and Mayor Dave Potter were all present.
PLEDGE OF ALLEGIANCE
City Administrator Rerig led the pledge of allegiance.
PUBLIC APPEARANCES
Michael McWalters spoke about concerns over residents who have electromagnetic radio sensitivity and urged Council to adopt a strong wireless Ordinance to protect vulnerable residents.
Melanie Billick thanked Chip and staff for the appointment of the new City Forester. Jo Todd thanked Council for extending the post office lobby hours for the public.
ANNOUNCEMENTS
City Administrator Rerig - announced that there will be an Urban Forest Master Plan questionnaire sent out to residents soon. He also announced the Planning Commission meeting on August 9th to review the plans for the Ulrika Plaza project, and a special meeting on August 23rd regarding the wireless telecommunications draft ordinance. He added the Coastal Commission will be reviewing the City’s Timehsare Ordinance at a meeting on August 10th in Oxnard. He thanked Police Chief Wakins to his many hours of work he spent working with FEMA attempting to get reimbursement from the damages caused by the winter storms.
City Attorney Pierik - announced that there are no reportable actions from closed session yesterday, except that closed session item #3, City Attorney Evaluation, will be continued at the end of today’s open session.
Councilmembers - none
CONSENT AGENDA
Item #4 was pulled by Councilmember Ferlito, Item # 5 pulled from consent by Councilmember Dramov.
Public comment: none
Motion by Councilmember Ferlito to approve consent agenda items 1, 2, 3, 6, & 7, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Attachment 2
CC Regular Meeting Minutes
Item 1 - July 11, 2023 Regular Meeting Minutes, and July 17, 2023, Special Meeting Minutes Item 2 - June 2023 Check Register Summary
Item 3 - June 2023 Monthly Reports
Item 6 - Resolution 2023-079, authorizing a Free Use Day of the Sunset Center Theater and Lobby for the Carmel Sunset Rotary Club Art Auction Event Item 7 - Resolution 2023-080 to designate 2023 Holiday Closure from December 22 – December 29, 2023
ITEMS PULLED FROM CONSENT:
Item 4 - Resolution 2023-077, authorizing the City Administrator to execute a Construction Contract with Bowen Engineering and Environmental, in an amount, including a 10% contingency, of $139,700, for the Water Well Decommissioning, and Tank and Pump House Removal Project in the Mission Trails Nature Preserve
Councilmember Ferlito commented that she is glad to see this long awaited project move forward with approval of the contract to remove the decommissioned well, tank, and pump house from Mission Trail Nature Preserve.
Public comment: none.
Motion by Councilmember Baron to approve Resolution 2023-077, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 5 - Resolution 2023-078 authorizing the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau (MCCVB) for Destination Marketing for the term of July 1, 2023 to June 30, 2024 in an amount not to exceed $204,030 Councilmember Dramov commented that she is not in favor of the current contract proposed and marketing strategy by the MCCVB which attracts the wealthiest tourists and drives up costs.
Public comment: A resident commented that the contract amount for marketing in Carmel is too high and he would like to have the contract reviewed in the future.
Attachment 2
CC Regular Meeting Minutes
Motion by Mayor Pro Tem Richards to approve Resolution 2023-078, seconded by Councilmember Baron, and approved 4-1-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
ORDERS OF BUSINESS
Item 8 - 6th Cycle Draft Housing Element (2023-2031) Update Principal Planner Marnie Waffle gave a presentation on the updates to the 6th Cycle Draft Housing Element that were made per Council’s direction at the July 11th City Council meeting.
Public Comment:
David O’Neil said that many residents are concerned about the accessory dwelling unit (ADU) pre-approved plans idea and hopes that the public will be able to give input on this before adopting an ADU plan. Melanie Billick said that the planning staff have been so overwhelmed with projects they have not been able to complete an ADU Ordinance or plan. Nancy Twomey spoke on behalf of the Carmel Residents Association (CRA) agreed with the comments made about maintaining the City’s charm when Council considers an ADU plan. Neal Kruse said that much of staff time is being taken up by administering the state mandated guidelines and pushing them on the residents which forces the public to take a defensive approach.
Council thanked Marnie Waffle for her work on this item and for the thorough and clear presentation of the item. Councilmember Baron thanked Councilmember Ferlito and Mayor Pro Tem Richards, Planning Staff, and residents for all of their hard work on drafting the 6th Cycle Housing Element plan. Councilmember Dramov said she does not support approval and the City should be doing more to fight back against state mandates.
Motion by Councilmember Ferlito to direct staff to submit the updated Housing Element to the State, seconded by Mayor Pro Tem Richards, and approved 4-1-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
Item 9 - Receive a report on non-compliant outdoor seating and amenities at restaurants and wine tasting shops that still remain after the City’s Proclamation of a Local Emergency was rescinded, and provide direction to staff on how it should be addressed Community Planning and Building Director Swanson gave a presentation to Council on the survey conducted of businesses with outdoor dining and what compliance issues are in violation since the Council repealed the emergency resolution that allowed for temporary outdoor seating. He asked for Council to provide direction to staff how to move forward.
Attachment 2
CC Regular Meeting Minutes
Public comment:
Jeff Blair, Jack Galante, and Kim Stemler urged Council to allow for continued outdoor wine tasting. Anthony Carnazzo voiced support for outdoor dining and said that it is part of Carmel’s charm. Kristin Rideout asked council to allow continued outdoor dining and amenities while restaurants apply for a use permit and are going through the permitting process which can take several months. Karyl Hall spoke in favor of continuing the outdoor dining especially to allow people to bring their dogs to eat outdoors. Parker Logan said that the vibe of council is authoritarian.
Council discussion resumed.
Council consensus direction to staff:
Restaurants:
● Allow restaurants to temporarily keep additional outdoor seating while they are applying for a use permit.
● Complete Use Permit application (including paying fees) must be received by Dec. 31, 2023.
● For those not applying, all unpermitted seating must be removed by Dec. 31, 2023. Failure results in all unpermitted seating being removed immediately.
Wine tasting shops:
● Put off a decision at this time and discuss at the August 30th special meeting to discuss Council priorities.
Amenities:
● Begin strict enforcement of non-compliant outdoor amenities (heaters, lighting, signage, outdoor speakers) immediately.
FUTURE AGENDA ITEMS
Councilmembers Baron and Ferlito requested a future item to discuss street addresses.
ADJOURNMENT
Council adjourned open session at 6:15 pm.
Council moved to closed session for a continuation of item #3 from the July 31st meeting. Council adjourned from closed session at 7:15 pm.
SIGNED: ATTEST:
______________________________ __________________________________ Mayor Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: July 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 2023‐24
JULY 2023
Date entered Into Contractor Contract Amount Purpose
FY 23-24 AIMP $24,500.00 Recording City Meetings
FY 23-24 ONO CONSULTING, LLC $25,000.00 On call Arborist Services Attachment 1
CITY OF CARMEL-BY-THE-SEA
Monthly Report
Community Planning and Building Department
JULY 2023 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:
In July 2023, 41 planning permit applications were received.
II. BUSINESS LICENSE APPLICATIONS:
In July 2023, 12 business license applications were received.
III. BUILDING PERMIT APPLICATIONS:
In July 2023, 54 building permit applications were received.
IV. CODE COMPLIANCE CASES:
In July 2023, 12 new code compliance cases were created.
V. TRANSIENT RENTAL COMPLIANCE CASES:
In July 2023, 2 new transient rental compliance cases were created.
VI. ENCROACHMENT PERMIT APPLICATIONS:
In July 2023, 24 encroachment permit applications were received.
VI. YEAR-TO-DATE TRENDS
Table 1 includes the following July 2023 totals: planning and building permit applications, code compliance and transient rental compliance cases, business licenses, and encroachments. July 2023 totals are provided alongside July 2022 totals for comparison.
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: August 9, 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 4.24%
• Business License Applications – increase of 53.33 %
• Building Permit Applications – increase of 30.28%
• Code Compliance Cases – decrease of 28.86%
• Transient Rental Cases – decrease of 8.70%
• Encroachment Permit Applications – increase of 6.67%
Table 1. Permit Application Totals
PLANNING BUSINESS
LICENSES BUILDING CODE COMPLIANCE
TRANSIENT
RENTAL
COMPLIANCE
ENCROACHMENTS
2022 YTD
Totals 226 30 284 149 23 150
2023 YTD
Totals 236 46 370 106 21 160
YTD %
Difference +4.24% +53.33 % +30.28% -28.86% -8.70% +6.67% Attachment 2
Page: 1 of 7
Planning Permit Report
07/01/2023 - 07/31/2023
Permit # Permit Type Project Description Address/Location Date Received
Date
Approved
Status
23235 Design Study Replace existing fence on Carmelo and 12th Ave sides of property at 4' tall. Replace
existing walkway from corner of Carmelo &
12th to front door.
SW Corner of Carmelo
& 12th
7/31/2023 In Review
23234 Design Review Retractable, demountable awning to be installed at the north side of the outdoor
dining area of Grasing's restaurant.
NW Corner of Mission &
6th
7/27/2023 In Review
23233 Design Review Replacement of non-operational wood windows to match precisely 2nd floor
windows facing Ocean Ave. Peacock tile
mosaic and 18" x 18" tile accents over 2
doors, and change of small tile colors to
match peacock mosaic.
6th Avenue 2 SW of
Mission
7/27/2023 In Review
23232 Design Study Maintenance & repair of (e) Fence & Gate exhibiting extensive rot and damage
Camino Real 4 SW of
Ocean
7/26/2023 In Review
23231 Banners Installation of 10 double banner poles along Ocean from Junipero to Monte Verde and two
double banners at Sunset Center for the
Monterey Symphony from:
Sept 29, 2023 - Oct 10, 2023
Nov 10, 2023 - Nov 21, 2023
Feb 9, 2024 - Feb 20, 2024
March 8, 2024 - Mar 19, 2024
April 12, 2024 - April 23, 2024
May 10, 2024 - May 21, 2024.
Ocean from Junipero to
Monte Verde
7/26/2023 In Review
23230 Landscape Plan
Check/Inspection
Comply with City condition of approval for
permit 210187, encroachment permit to install
grease interceptor for Foray restaurant in City
right of way, by replacing existing City
landscaping with new landscaping.
NE Corner of San Carlos
& 5th
7/25/2023 In Review
Page: 2 of 7
23229 Design Study Revise pathway plan, replace walkway and driveway with Calstone pavers, exterior
courtyard door replaced with reused existing
window, and revise location of exterior lights.
Guadalupe 4 SW of 2nd 7/25/2023 In Review
23228 Historic Evaluation Phase one historic evaluation. NW Corner of Casanova & 8th
7/25/2023 In Review
23227 Historic Evaluation Phase 1 initial historic evaluation. Casanova 4 SE of 7th 7/25/2023 Closed 23226 Design Study DEFERRED MAINTENANCE WORK, REINSTALL
CAP & PAN CLAY TILE ROOF, REPLACE (E)
WINDOWS & EXTERIOR DOORS; PATCH &
REPAIR ROTTED AREAS; INTERIOR REMODEL
OF KITCHEN & BATHROOM; ADD GABLE END
ROOF OVER (E) GARAGE; NEW CHIMNEY
CAP; RE-WORK (E) WALKWAYS & PATIO;
ADD GAS FIRE PIT & BBQ AREA TO (E)
PATIO
Mission 3 NE of 8th 7/24/2023 In Review
23225 Notice of Exempt
Work
Repair leaking window and dry rot at rear
garage/studio. Repair cracked tile and water
proof to prevent water intrusion. All repair
work is non-bearing and non-structural.
Torres 2 SE of 3rd 6/27/2023 7/21/2023 Approved
Page: 3 of 7
23224 Design Review 1) Balcony Walls: Upon further testing, the existing balcony walls for Rooms 8-16 need to
be rebuilt to meet current structural
requirements. Owner plans to demo existing
slanted wall and rebuild new straight wall in
its place to match all other existing walls.
Owner also plans to increase height of new
wall to meet current code requirement of 42"
with metal guardrail to match the metal
guardrails of all other exterior balconies in the
building. No change to the plan to stucco the
new exterior balcony walls to match the rest
of the hotel walls.
2) Balcony Screens: Replace previously
demolished privacy screens between
balconies of rooms 8-16. No change to
privacy screens originally planned for
renovation; revised plans to rebuild balcony
walls to meet structural requirements
illustrated in original design intent for the
balcony screens.
3) Border Fencing Along 5th Ave: Remove
steel elements of fencing, replace with wood.
4) Minor changes in 1-3 above would have no
material impact on visual aspects of hotel as
depicted in original renderings submitted with
application.
NE Corner of San Carlos
& 5th
7/24/2023 7/28/2023 Approved
23223 Design Study Installation of a property fence and landscape lighting
Casanova 9 NW of
Ocean
7/19/2023 In Review
23222 Design Study REMOVAL OF EXISTING FIREPLACE,
CHIMNEY, FLUE AND ASSOCIATED
CONNECTION TO EXISTING STRUCTURE.
ADDING A NEW ACCESS DOOR IN EXISTING
LOCATION AND A NEW DOOR ON OPPOSITE
SIDE OF WALL AS WELL AS A NEW NONVENTED ELECTRIC FIREPLACE. ALL WORK IS NOT VISIBLE FROM THE PUBLIC RIGHT-OFWAY
4th 2 SE of Torres 7/19/2023 In Review
Page: 4 of 7
23221 Design Study 1. HOME ADDITION AND REMODEL
INCLUDES ADDING 63 SQFT FRONT
ADDITION, 300 SQFT SECOND STORY, AND
231 SQFT UNCOVERED BALCONY ON THE
SECOND FLOOR. 2. ADD 200 SQFT
DETACHED GARAGE. 3. ADD 15FT OF 4FT
TALL FENCE AND APPROX. 16FT OF 6FT
FENCE TO TIE IN EXISTING FENCE. 4.
WIDENING THE DRIVEWAY.
Ocean 4 NE Guadalupe 7/19/2023 In Review
23220 Variance Plate height variance. Associated Permit DS 23-211.
Mission 2 SE of 13th
Ave
7/13/2023 In Review
23219 Design Study Removal of existing fireplace, chimney, flue, and associated connection to existing
structure. Addition of a new access door in
existing location and a new door on opposite
side of wall as well as a new non-vented
electric fireplace. All work is not visible from
the public right of way.
4th 2 SE of Torres 7/18/2023 Closed
23218 Design Study Property fence and landscape lighting. Casanova 9 NW of Ocean
7/10/2023 In Review
23217 Design Study Detached single-car garage; 250 SF in front setback.
Torres 4 NE of 6th 7/14/2023 In Review
23216 Design Study Remodel of an existing single-story SingleFamily Dwelling and addition of a second story consisting of a Master Bedroom and
Bathroom.
Casanova Street 4 NE
of 8th Avenue
7/12/2023 In Review
23215 Design Study Property fence and landscape lighting In Review 23214 Design Study Roof extension Carmelo 6 NW of 4th 7/19/2023 In Review 23213 Design Study Remodel of existing single family residence.
Remodel kitchen, entry, 2 baths and
bedroom/closet area. Remodel entry stairs.
Replace driveway. New roofing and siding.
Add 3 skylights.
Lincoln 5 NE of 3rd 7/14/2023 In Review
23212 Installation of roof mounted 8.40 kW Solar PV
System and Battery System..
San Carlos St., 3
Southwest of 10th Ave
Closed
Page: 5 of 7
23211 Design Study Remodel, Addition and detached garage replacement. Associated permit VA 23-220.
Mission 2 SE of 13th
Ave
7/13/2023 In Review
23210 Design Study Request for a time extension for previously approved DS 21-224 & VA 21-225.
NW Corner of Santa Fe
& 6th
7/12/2023 In Review
23209 Historic Evaluation Historic Evaluation. Associated Permit DS 23- 147 (Rodriguez). 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
7/6/2023 In Review
23208 Design Study Construction of a new 1,600-SF, two-story house and detached 200-SF garage on a
4,000-SF vacant lot. Construct new 4' H grape
stake fence and gate across front of
property, construct new 4' to 6' H vertical
board fences along north side yard and rear
yard. Construct new stone patio, stone
walkway, and outdoor gas fire pit in front
yard. New landscaping, per sheet L 1.0.
Casanova 2 NW of 13th 7/5/2023 In Review
23207 Preliminary
Review - Planning
Commission
The purpose of this preliminary review
application is to get high level input from your
staff, as well as Planning Commission, on
property owner’s entire plan for enhancement
of the Carmel Resort Inn property. There will
be a total of 3 separate applications:
1. Design Review
2. Use Permit amendment
3. Lot Line Adjustment
Block 17, multiple lots
on Carpenter &
Guadalupe
7/10/2023 In Review
23206 Design Study Construction of a new Single Family Dwelling with attached Garage, consisting of a Main
Floor, Upper Floor and Basement.
Guadalupe 4 NE of 2nd 7/3/2023 In Review
23205 Design Study Construction of a new Single Family Dwelling with attached Garage, consisting of a Main
Floor, Upper Floor and Basement.
Guadalupe 5 NE of 2nd 7/3/2023 In Review
Page: 6 of 7
23204 Sign 3 square feet (18 x 24") external wooden
double-sided blade sign with gold Surround
Art Gallery name on both sides. The wood
thickness is 1 inch. The sign will be located on
designated space with existing hanging
fasteners in compliance with the City’s
requirments. The pictures of the sign’s look
are attached to this application.
NW Cornor of Mission
and 7th, Unit A6
6/30/2023 7/20/2023 Approved
23203 Historic Evaluation Owner intends to sell property and is optimistic that is is deemed NOT historic for
the sale.
Carmelo 3 NW of 12th 6/29/2023 In Review
23202 Design Study This approval of Design Study (DS 23-202, Krugler) authorizes amendments to existing
Design Study Approvals (DS 21-250; DS 22-
304) for alterations to an existing singlefamily residence located on Crespi Avenue 9 southeast of Mountain View in the Single
Family Residential (R-1) District with an active
building permit (BP 21-476). The
modifications approved under this Design
Study include:
1. Change in the approved exterior paint color
of the residence to “Agreeable Grey” by
Sherwin Williams. No changes to the color of
the trim, or other materials are proposed.
Alterations not expressly listed in this
authorization are not permitted. The project
shall be consistent with the plans application
materials dated approved by Community
Planning & Building Department on July 19,
2023, unless modified by the conditions of
approval.
Crespi 9 SE of Mountain
View
7/6/2023 7/19/2023 Approved
23201 Design Study Renovation of home and garden Lincoln 4 NW of Santa Lucia
7/6/2023 In Review
23200 Design Study Solid copper 9" spread path light. LED lamps.
Dark sky approved.
Monte Verde 4 SW of
7th
7/5/2023 In Review
Page: 7 of 7
23199 Banners Installation of 5 double-sided banner poles for 46 days from Aug 3, 2023 - Sept 18, 2023 for
the Addams Family & Outdoor Forest Theater.
Ocean from Junipero to
Monte Verde
7/5/2023 7/10/2023 Approved
23198 Pre-application
Review - Staff
CUP/Coastal Permits for reconstruction of Pine
Inn Commercial Parking Structure, including:
converting 21 surface parking spaces to 21
covered and underground parking spaces;
consolidation of (18) existing Pine Inn hotel
rooms down to (9) and transferring (7) rooms
to the new structure on Lots 18 and 20 along
with creating (1) workforce housing unit.
NE Corner of Monte
Verde and Sixth Ave.
7/3/2023 In Review
23197 Design Review Repair Cottage windows, including selective demolition, removal and replacement of
window components, including sashes,
muntins, mullions, etc. See attached
narrative for additional information.
NEC San Carlos & 10th 4/7/2023 In Review
23196 Design Study Partial Exterior Remodel San Antonio 2 NW of 11th
7/3/2023 In Review
23195 Historic Evaluation Initial Historic Evaluation Forest Rd 5 SW Ocean 7/10/2023 In Review Total Records: 41 8/4/2023
Page: 1 of 2
Business License Report
07/01/2023 - 07/31/2023
Entity # Application
Type
Business Name Business Description Location Date
Received
Date
Approved
Status
23046 Ownership
Change
Esperanza Carmel
Commercial, LLC,
Wagner Building,
Commercial Property Lincoln 3 SW of
Ocean
7/27/2023 Pending
Assignment
23045 Ownership
Change
Esperanza Carmel
Commercial, LLC,
Wagner Building,
Transient Rental
Short term rental unit Lincoln 3 SW of
Ocean
7/27/2023 Pending
Assignment
23044 Location
Change
Natalie Baroni Retail of women's
fashion and accessories
Carmel Plaza 7/26/2023 7/28/2023 Approved
23043 Ownership
Change
Court of the Fountain Commercial Property
Management
NW Corner of
Mission & 7th
7/25/2023 In Review
23042 Ownership
Change
Morgan Court Commercial and
residential long-term
leasing
Lincoln 4 NE of 7th 7/24/2023 In Review
23041 Ownership
Change
A.W. Shucks Food and beverage
service
Ocean 2 SW of San
Carlos
7/18/2023 In Review
23040 Ownership
Change
Rise and Roam
Bakery and Pizzeria
Bakery and pizzeria NE Corner of 7th
Avenue & Mission
Street
7/13/2023 7/28/2023 Approved
23039 New Business Inspired Muse Retail: Women's apparel, gifts, and accessories
SWC San Carlos
and 7th, Hampton
Ct, Unit #3
7/11/2023 7/28/2023 Approved
23038 New Business Daisy Rose Gallery Multi-artist Gallery Dolores between 5th & 6th
7/10/2023 7/28/2023 Approved
23037 New Business Nematic Gallery Multi-artist Gallery Dolores 6 NE of 6th
7/12/2023 7/31/2023 Approved
23036 New Business WMV VISVIM
CARMEL
Mens and Womens
Clothing, shoes,
accessories retail store
San Carlos Street 3
NW of 6th Avenue
7/3/2023 In Review
Page: 2 of 2
23035 New Business ATI CLOSED THIS
APPLICATION TODAY.
Emailed applicant with
instructions to apply for
In-and-About BL through
Admin. Dept.
2541 Seaboard
Avenue San Jose
CA 95131
7/3/2023 Closed
Total Records: 12 8/4/2023
Page: 1 of 6
Building Permit Report
07/01/2023 - 07/31/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit Type Property Location 230368 8/1/2023 Demolition and replacement of existing entry stairs
16,000 Building Casanova 3 NW of 10th
230367 7/28/2023 7/28/2023 Remove and replace craked tile flooring in master bath, remove and replace countertops in
master bathroom, repaint master bath, remove
carpet in master bedroom and replace with
hardwood flooring.
0 Exempt Work 26152 Landera Drive
230366 7/27/2023 Installation of a demountable, retractable awning at the north side of the outdoor dining
area of the restaurant.
21,800 Building NW Corner of Mission &
6th
230365 7/27/2023 New 250 square foot detached Garage 70,000 Building NE Corner of San Carlos & 13th
230364 VOID 0
230363 7/26/2023 Add key actuated faucet inline to existing tabactuated faucet.0 Exempt Work Scenic Pathway at 13th Access
230362 7/26/2023 Construction of a new 220 sf detached carport. 0 Building Santa Rita 2 NW of 4th 230361 7/26/2023 731 SF ADU conversion/addition 0 Building Santa Rita 2 NW of 4th 230360 7/26/2023 Remove an (e) glass solarium and replace with new roofing, walls, windows, and skylights to
match existing.
37,000 Building Monte Verde 2 SE of
12th
230359 7/26/2023 Renovation to an existing 1468 sf single family residence including a 254sf addition.
750,000 Building Santa Rita 2 NW of 4th
230358 7/25/2023 7/25/2023 Exterior repainting of the property. 0 Exempt Work Dolores 3 SE of 3rd 230357 7/24/2023 7/25/2023 Installation of a 6' x 25' interior privacy fence outside of the front setback.
CONDITION: 811 TICKET REQUIRED TO BE ON
SITE PRIOR TO EXCAVATION.
0 Exempt Work SW Corner of San Carlos
& 12th
Page: 2 of 6
230356 7/24/2023 Fix a french drain 8,000 Plumbing Lobos 2 SW of Valley Way
230355 7/24/2023 7/24/2023 Remove kitchen cabinets, remove kitchen and dining room flooring.
0 Exempt Work Perry Newberry 3 NW of
5th
230354 7/24/2023 Demolition of existing storage building and garage. Construction of new single car garage.
75,000 Building SW Corner of Casanova
and 11th
230353 7/24/2023 Interior improvements at utility room and garage, including relocating washer and dryer,
adding a sink and a toilet.
30,000 Building Torres 2 NE of 5th
230352 7/24/2023 Peacock tile mosaic & 18"x18" tile accents over 2 doors, and change of small tile colors to match
peacock mosaic
3,800 Exempt Work 6th 2 SW of Mission
230351 7/24/2023 Replacement of non-operational wood windows to match precisely existing 2nd floor windows
facing Ocean Ave, field-verified dimensions for
windows 6th St side
38,000 Exempt Work 6th Ave 2 SW of Mission
St
230350 7/21/2023 7/28/2023 The existing 4 (or more) foot fence is being replaced with a 3 foot fence. Two gates to be
replace at the same height as the fence. 6ft
fence to be replaced in back. House will also be
repainted the same color as the existing color.
Eaves, doors, trim, windows, garage door,
railings and decks will be painted with Sherwin
Williams Coastal Plain (SW 6192). House walls,
skirting, step raisers to be painted Sherwin
Williams Creamy (SW 7012).
0 Exempt Work NW Corner of Casanova
& 12th
230349 7/20/2023 The addition of a new deck off the primary bedroom; • The addition of a new deck off the
dining room; • The addition of a new hot tub; •
The removal of the existing driveway and
replacement of a new tire-track driveway; •
Removal of non-conforming site coverage
throughout; • Interior bathroom remodel; • New
landscaping; • Site drainage improvements.
32,125 Building Perry Newberry 2 NW of
5th
Page: 3 of 6
230348 7/20/2023 7/21/2023 Sheet rock removal in rooms 1,3,5,22,24,26 and installation of wood access panels to cover the
openings. Exploratory concrete retaining wall
core drilling for structural testing and rebar xrays in the same locations. 2,000 Demolition San Carlos 2 NW of 4th
230347 7/20/2023 Installation of rear garden landscaping and irrigation, new 240sf deck at the rear of
property, new fence along the property line.
20,000 Building Monterey 2 SW of 2nd
230346 7/20/2023 8/2/2023 Remove (e) comp shingles and replace with new CertainTeed Presidential comp shingles in color
"Country Gray".
28,000 Roofing Torres 3 SE of Mountain
View
230345 7/20/2023 Partial re-roof: tear off (e) wood shake and install DaVinci multi width shake, straight course
pattern in color "Tahoe".
42,438 Roofing Monte Verde 6 SW of
12th
230344 7/19/2023 7/20/2023 Replace existing redwood fence at southern boundary with new redwood fence. New fence
will match existing build details. Post to be
redwood 4x4 with treated bottoms set with
concrete into 10" x 32" min holes with 2" drain
rock bottoms at all taller fence sections that dont
exceed 7'6". Fence hole depths within 15' of
East boundary not to exceed 4' in height. ( See
pics)
16,000 Exempt Work Carmelo 5 NW of 4th
230343 7/19/2023 Kitchen and bathroom remodels including doors and window replacements. Update electrical
plumbing and electrical throughout, decking,
new painting, and fence.
190,000 Building Camino Real 3 SW of 4th
230342 7/19/2023 Install a 6.08 kW grid connected to solar PV system and 10.5 kW backup battery system.
30,000 Electrical Monte Verde 3 SE of
11th
230341 7/18/2023 7/31/2023 Replace driveway with new concrete paver driveway, repair and reface existing concrete
stairs with Carmel stone, rebuild existing wooden
railing at the front door and replace concrete
pathway with concrete pavers.
10,000 Building Junipero 3 SE of 2nd
230340 7/17/2023 7/17/2023 Remove 150sf of wood shingle roof and install new wood shingles to repair.
5,200 Roofing Torres 3 SE of 3rd
Page: 4 of 6
230339 7/17/2023 7/28/2023 Remodel existing bathroom and walk-in closet to add a 2nd bathroom, reduce the size of the
existing bathroom and create a smaller walk-in
closet.
25,000 Building SE Corner of Carpenter &
4th
230338 7/17/2023 7/17/2023 Manual transfer switch install. 6,000 Electrical NW Corner of Carpenter & 4th
230337 7/17/2023 7/17/2023 Remove approximately 10' of exterior cedar shake shingles and related deck tile to explore
leak issue.
500 Demolition Monte Verde 3 SW of 5th
230336 7/14/2023 7/19/2023 Erect a 6' grapestake side-yard fence along the property line shared by 010-165-044 and 010-
165-043. There is an existing fence along the
property line within the 15' setback, therefore no
work will be done within the setback zone.
0 Exempt Work NW Corner of San Carlos
& Santa Lucia
230335 7/14/2023 Construction of new ADU on parcel containing an existing SFD.
175,000 Building SW Corner of Casanova
and 11th
230334 7/14/2023 7/17/2023 Retroactive authorization for single shower stall installation in baster bathroom.
0 Plumbing Carpenter 3 NW of 3rd
230333 7/14/2023 Installation of roof mounted 8.40 kW Solar PV System and Battery System
68,546 Electrical San Carlos 3 SW of 10th
230332 7/13/2023 Tree vs. House 110,000 Building San Carlos 3 SW of 1st 230331 7/12/2023 7/12/2023 Remove and replace existing 1.28 GPF with two
0.8 GPF UHET in the same location to come into
MPWMD requirements.
0 Exempt Work NE Corner of Guadalupe
& 6th
230330 7/12/2023 7/13/2023 Tear off (e) wood shake roof and replace with new 30 lb felt under Certainteed Presidential TL
shingles in color "Country Gray".
21,650 Roofing SW Corner of Camino
Real & 10th
230329 7/12/2023 7/27/2023 Installation of new EV charger 60amp/240volt off 125 amp panel.
2,100 Electrical Guadalupe 3 SW of 5th
230328 7/12/2023 Addition of a solar PV system to standing seam metal roof and battery storage in the garage.
21,281 Electrical Lincoln 5 SW of 10th
230327 7/12/2023 7/27/2023 Remove and replace existing windows in-kind, to be Sierra Pacific windows.
0 Exempt Work San Carlos 3 NE of 13th
230326 7/12/2023 7/12/2023 Replace existing water heater with new 30 gallon water heater.
2,000 Plumbing Monte Verde 2 SE of
Ocean
Page: 5 of 6
230325 7/12/2023 Replace two toggle switches that control the heater and fan with tmers that will shut off
system if left on.
500 Electrical Monte Verde 3 SE of
Ocean
230324 7/11/2023 Install roof mounted PV array 6.4 kW 14 modules and a 13.5 ESS with one battery.
10,000 Electrical 4910 Monterey St
230323 7/10/2023 Install 2 second story AC units 18,000 Mechanical SW Corner of Mission & 7th
230322 7/10/2023 7/14/2023 Removal of two interior walls up to ceiling at dispatch office. Extend grid drop ceiling where
walls were removed. Dispose of waste.
4,085 Building SW Corner of Junipero &
4th
230321 7/10/2023 Creation of new detached accessory dwelling unit.
160,200 Building NW Corner of Santa Fe &
6th
230320 7/7/2023 7/28/2023 At walk deck area, tear off existing tile and waterproofing system. Prime the deck and install
2 layers of Bituthene 4000 waterproof
membrane. Exposed membrane seams will be
sealed with Bithumastic. Once mastic sets, will
cover with 1/8" asphaltic protection board.
Homeonwer to provide and install floor tile.
29,705 Building 2998 Franciscan Way
230319 7/7/2023 7/7/2023 Remove rotted stuccoed arch and gate between main house and garage. Arch and gate are not
structural and there is no footing below. Rebuild
gate in-kid, approximately 4'x6'-6"
0 Exempt Work Monte Verde 3 SE of 8th
230318 7/7/2023 7/10/2023 Interior cosmetic renovations to commercial space including covering the interior walls with
textured black wallpaper, black carpet laying,
installation of two movable stands to display art
8'x4'x1' to be located behind the windows.
0 Exempt Work NW Corner of Mission &
7th Unit A6
230317 7/7/2023 Remove and replace all dryrotted siding and trim on exterior in preparation for paint. Replace in
kind. Repair work shall not exceed 100sf.
0 Exempt Work Monte Verde 6 SW of
10th
230316 7/7/2023 New one car Detached Garage. 70,000 Building NW Corner San Carlos & 13th
230315 7/5/2023 Installation of 2 New tesla Powerwall 10 kW, 200A Gateway.
34,200 Electrical NE Corner of Casanova &
10th
Page: 6 of 6
Total Records: 54 8/4/2023
Page: 1 of 1
Code Compliance Report
07/01/2023 - 07/31/2023
Case # Case Date Status Location Problem Description Date Received
Date
Closed
23107 7/28/2023 Potential STR
identified
13th 2 SW of Mission Transient Rental 7/28/2023
23106 7/18/2023 Open San Carlos 2nd to 3rd Waste receptacles in ROW 7/17/2023 23105 7/17/2023 Open Lincoln 3 NW of 9th Tree cutting without permit 7/17/2023 23104 7/21/2023 Potential STR
identified
Santa Fe 3 SW of 4th Transient Rental 7/21/2023
23103 7/25/2023 Open Dolores 6 NE of 7th Demolition without a permit 7/25/2023 23102 7/21/2023 Construction without a permit
23101 7/13/2023 Open Site Coverage Violation
23100 7/10/2023 Open Boulders in ROW
23099 7/10/2023 Open Portable Toilet in ROW
23098 7/10/2023 Open Construction Site Maintenance
23097 7/10/2023 Open Landscaping ROW
23096 7/10/2023 Open
Total Records: 12 8/4/2023
Page: 1 of 1
Transient Rental Report
01/01/2023 - 07/31/2023
Case # Street Status Date Received Last Status Date Date Closed 23107 13th Potential STR identified 7/28/2023 7/28/2023 23104 Santa Fe Potential STR identified 7/21/2023 7/28/2023 23094 2nd 2nd NOV sent 6/23/2023 7/25/2023
23093 Rio 1st NOV sent 6/21/2023 7/5/2023
23092 Ocean Closed 6/21/2023 7/7/2023 7/7/2023
23091 Dolores Closed 6/22/2023 7/19/2023 7/19/2023
23061 Monte Verde Closed 4/27/2023 7/17/2023 7/17/2023
23058 Mission Closed 4/19/2023 6/2/2023 6/2/2023
23057 Carmelo Closed 4/19/2023 6/2/2023 6/2/2023
23053 San Carlos Closed 3/21/2023 6/2/2023 6/2/2023
23039 Rio Road Closed 2/27/2023 4/17/2023 4/17/2023
23015 Carmelo Closed 1/9/2023 2/3/2023 2/3/2023
23014 Mission Closed 1/9/2023 1/10/2023 1/30/2023
23013 N Casanova Closed 1/9/2023 2/3/2023 2/3/2023
23012 Mission Closed 1/9/2023 1/27/2023 1/27/2023
23009 Santa Fe Closed 1/8/2023 2/3/2023 2/3/2023
23008 Guadalupe Closed 1/8/2023 1/13/2023 1/13/2023
23007 2nd Closed 1/8/2023 1/8/2023 4/8/2023
23005 Carpenter Closed 1/8/2023 2/3/2023 2/3/2023
23004 5th Closed 1/5/2023 2/3/2023 2/3/2023
23003 Dolores and 1st Closed 1/5/2023 2/3/2023 2/3/2023 Total Records: 21 8/4/2023
Page: 1 of 3
Encroachment Permit Report
07/01/2023 - 07/31/2023
Permit # Permit
Type
Date
Submitted
Project Description Property Location Date
Issued
Status
230160 Temp Ench 7/31/2023 Extend construction fence 13' poast west property line. eliminate 2 parking spots and
utilize for staging and storing of materials.
Junipero 6 NE of 8th In Review
230159 Temp Ench 7/27/2023 Applicant to trench, backfill, and install all underground electrical equipment and cable.
PG&E to install all overhead electric work and
perform hot tie in work. PM #35343447.
Contact: PG&E (408) 478-1894
NW Corner of
Casanova & Ocean
7/27/2023 Issued
230158 Temp Ench 7/27/2023 Lifting AC unit off roof, setting up crane in parking spaces in front of address. Total time
block spots to be approximately 1 hours.
Contact: Andrew Tope (831) 238-3655
Ocean 3 NW of
Dolores
7/27/2023 Issued
230157 Driveway 7/26/2023 Remove and replace driveway, reduce site coverage, install new small retaining wall.
Contact: Valley Hills Nursery (831) 624-3484
Carpenter 3 SW of
4th
In Review
230156 Temp Ench 7/25/2023 Closure of two parking spaces and adjacent sidewalk for blow in cellulose insulation
installation.
CONDITION: SIDEWALK CLOSED AHEAD
SIGNS TO BE PLACED AT THE CORNERS OF
SAN CARLOS AT 5TH & 6TH
Contact: Christian Torrey (831) 915-8765
San Carlos 3 NE of
6th
7/25/2023 Issued
230155 Temp Ench 7/25/2023 Upgrade existing emergency power backup to 72hrs per CPUC mandate. Installation of a
precast concrete pad and battery cabinet
next to the existing cabinet. Contact: Nevada
Alpha Construction (916) 282-8158
NE Corner of Dolores
& 4th
7/27/2023 Issued
Page: 2 of 3
230154 Temp Ench 7/21/2023 Closure of Carmelo between Ocean and 4th to accommodate for material delivery.
Contact: Level 5 Construcion (831) 682-5381
Carmelo 4 NW of
Ocean
In Review
230153 Temp Ench 7/20/2023 Replace sewer lateral using pipe bursting.
Contact: Rooter King (831) 394-5315
2900 Franciscan Way 7/20/2023 Issued
230152 Temp Ench 7/17/2023 2'x3' asphalt patch for CalAm job #0910.
Contact: Kelsey Mayo (831) 262-1425
SW Corner of Dolores
& 5th
7/18/2023 Issued
230151 Temp Ench 7/17/2023 PG&E to trench and backfill a 5'x5' bellhole for abandonment of a gas service at main.
PM# 35447630. Contact: PG&E (408) 478-
1894
SW Corner of
Guadalupe & 4th
7/18/2023 Issued
230150 Temp Ench 7/14/2023 Excavate from power pole on Lincoln to the house to install a new gas line and
underground electric, cable, and phone.
Contact: Stocker & Allaire Construction (831)
595-2164
Lincoln 5 SW of 10th 7/14/2023 Issued
230149 Temp Ench 7/13/2023 Excavate a 3'x3' pit near the fence line and a 4'x5' put in the asphalt to renew a 1" water
service. Contact: West Valley Construction
(408) 640-8913
4th 115' West of
Junipero
7/17/2023 Issued
230148 Temp Ench 7/12/2023 Trench for new electrical service from pole to house. Contact: Edgars Plumbing Inc (831)
601-5557
Lincoln 2 NW of 13th 7/14/2023 Issued
230147 POD 7/12/2023 Placement of a 8x8x16 moving pod parallel to the street. Contact: Roberta Anderson
(831) 238-7341
San Carlos 3 SW of
Vista
7/14/2023 Issued
230146 Temp Ench 7/11/2023 Trench for PG&E to lay gas line. Contact:
Rooter King (831) 394-5315
Mission 3 SW of 13th 7/17/2023 Issued
230145 Temp Ench 7/10/2023 Blanket encroachment permit for all work related to on-call tree services for Tope's
Tree Service, Community Tree Service, and
West Coast Arborists. Encroachment for
pruning, removal, planting, and watering of
trees on city-owned properties.
All City-Owned
Properties
7/10/2023 Approved
230144 Temp Ench 7/7/2023 Replace sewer lateral using pipe bursting.
Contact: Rooter King (831) 394-5315
Monte Verde 3 SE of
3rd
7/12/2023 Issued
Page: 3 of 3
230143 Temp Ench 7/7/2023 remove and replace 50' of 4" sewer drain 7' deep in the street. Will install a 2 way clean
out and backwater valve.
Scenic 3 SE of Ocean 7/25/2023 Issued
230142 Driveway 7/7/2023 Remove asphalt driveway section and walkways, replace with pavers, add channel
drain at garage and connect to pop up
emitter in front yard. Contact: System Pavers
(510) 401-5310
Junipero 5 NE of 8th In Review
230141 Temp Ench 7/7/2023 Temporary parking for concrete pours.
Contact: Masterwork Builders (831) 233-
1465
Casanova 4 SW of 4th 7/12/2023 Issued
230140 Temp Ench 7/6/2023 PG&E to trench and backfill all. PG&E to remove existing overhead temp service.
PG&E to install TPX underground service in
PG&E install duct. PG&E to replace joint pole
and install overhead transformer. PM
#35399477. Contact: PG&E (408) 478-1894
SE Corner of Monte
Verde & 2nd
In Review
230139 Temp Ench 7/6/2023 Applicant to trench, backfill & install electric substructures. PG&E to reroute underground
service cable and remove overhead service.
PG&E to install new overhead transformer,
cable #2 box & joint pole. PM $35402378.
Contact: PG&E (408) 478-1894
Junipero 4 SW of 8th 7/13/2023 Issued
230138 Temp Ench 7/5/2023 PG&E to assess woodpecker damage, adjust guy wire & install missing guy marker. PM#
45863094. Contact: PG&E (408) 478-1894
Intersection of Lincoln
& 4th
7/10/2023 Issued
230137 Temp Ench 7/5/2023 REPLACE 40' OF 4" SEWER DRAIN LINE 9' DEEP IN THE STREET. WILL REMOVE
SADDLE AND REPLACE WITHA WYE.
INSTALL BACKWATER VALVE AND 2 WAY
CLEAN OUT.
SE CORNER OF
SANTA FE & 5TH
7/10/2023 Issued
Total Records: 24 8/4/2023
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Attachment 3
Request Number Date
Requested
10‐day
response
date
Records Requested Requestor Name Date Completed Notes
2023‐67 (Next
Request ID # 23‐6) 7/3/2023 7/13/2023
a report of all building permits processed by your
department since Apr 30, 2023 to present.
Please include any fields that your permitting system
tracks. This includes but is not
limited to:
o Permit Number
o Applied/Issued Dates
o Work Address
o Permit Type
o Permit Status
o Description of the work being done
o Contractor and Architect Details
o Job Valuations
The preferred file type is .xls/.csv.
Rolex
Domengiano,
Build Zoom
7/6/2023 Records sent on 7/6/2023
through Next Request.
2023‐68 (Next
Request ID # 23‐5) 7/6/2023 7/17/2023
Agenda Item Number 14 of the Regular Planning
Commission meeting of October 12, 2022, was entitled
"Carmel's (sic) Preservation Association: Petition to save the unique architectural character of Carmel‐by‐the‐Sea." I have attached to this request a copy of the Staff Report for this agenda item, which report includes a copy of the petition, but does not contain the signatures to said
petition. The Staff Report regarding "Carmel Preservation Association: Petition to save the unique architectural
character of Carmel‐by‐the‐Sea'" notes that the petition was submitted on 10‐07‐2022. Pursuant to the California Public Records Act, I respectfully request that you
provide me with the list of signatures accompanying the subject Carmel Preservation Association petition.
Please send me the records in electronic format. If you are unable to do so, I am happy to come by City Hall and copy the same.
Brian Turlington 7/17/2023 No responsive documents
found, emailed requester.
2023‐69
(NextRequest ID #
23‐7)
7/10/2023 7/20/2023
All records, including emails, documents,
communications, etc. regarding David or Debra
("Debbie") Hutchings, or referring to Mr. and Ms.
Hutchings as residents of Lincoln St 3 NW of 9th Ave,
including any police reports of any complaints against Mr. and Ms. Hutchings, for the time frame of 1/1/2004 to
present"
All records, including emails, documents,
communications, etc. regarding David or Debra
("Debbie") Hutchings, or referring to Mr. and Ms.
Hutchings as residents of Lincoln St 3 NW of 9th Ave,
including any police reports of any complaints against Mr. and Ms. Hutchings, for the time frame of 1/1/2004 to
present"
Michelle Lyons 8/21/2023
Next Request ID # 23‐7.
Requested extension to
8/3/2023 due to volume of
records. Sent partial records
7/28/23, the rest will be
released on a rolling basis. Next
update ‐ 8/3/2023. Final
documents released on
8/21/2023.
2023‐70 7/13/2023 7/24/2023
Tree Id : JB20230225100416
I would like to request 1) all records pertaining to the above referenced tree ID. The same tree that crushed my truck on scenic Road. 2) I’d also like all correspondence between Carl, Warren and Carmel by the sea on claim
304‐4646. 3) I would also like all correspondence
between Justin Ono and Carmel by the sea (Between the dates of 01/01/2023‐ 07/13/2023)
Parker Logan 7/19/2023
7‐19‐2023 ‐ Sent response.
Released records for #1, no
records for #2, need
clarification on #3. Waiting for
response. Clarification
rececieved 7/24 ‐ 10 day
response date adjusted to
8/3/23. Reponsive records for
#3 released on 7/31/2023.
City Clerk PRA Log
July 2023 Attachment 4
Request Number Date
Requested
10‐day
response
date
Records Requested Requestor Name Date Completed Notes
2023‐71 7/18/2023 7/28/2023
records relating to the property located at 6 Lincoln
Street, Apt. #15, Carmel‐by‐the‐Sea aka SWC Lincoln and 7th, Unit #15 from November 2015‐present: Building
Inespections for APN APN 010‐192‐001‐000, code
compliance complaints, and any correspondence
between city staff and the owners or managers of the
building, and between the city and the tenant Mina
Dana Reich 8/10/2023
7/19/2023 sent link to GIS
property files. Additional
records sent on 7/27/2023. Any
additional records found will be
released on a rolling basis. Final
responsive records sent on
8/10/23.
2023‐72 7/19/2023 7/31/2023
Records on a "utility pole near 3314 Ocean Ave"
Any city records related to the removal of a guy anchor on or about October 2022.
Any city records related to the ownership of guy anchor removed.
Any city records indicating installation of guy anchor. It is believed that the guy anchor/stake was installed in 2020.
Sal Ramirez, PG&E 7/19/2023 no responsive documents.
Location is outside of city limits
2023‐73 7/12/2023 7/24/2023
1) How much has been spent so far on the drafting of the wireless ordinance, and which firms have received which funds for this project? (1/1/2022‐present)
2) what are the total costs so far for the Verizon
lawsuit/s, and how much has been paid to which
attorneys? (1/1/2022 ‐ present)
Mary Schley 7/20/2023 response sent
2023‐74 7/20/2023 7/31/2023
firm hired to investigate former Carmel Police chief Alan Ward. 2) The investigative report concerning Ward. 3) Any letter from Ward or his representatives concerning
his retirement/resignation. 4) Ward's total
compensation for the time he was paid by the city. 5) The city's portion of his PERS pension. 6) The contract
between the city and Bob Murray & Associates for the
search that led to the hiring of Ward and the amount paid for the search. 7) The results of any closed session votes in 2023 by the members of the Carmel City Council
regarding Ward's employment and the investigative
report.
Pam Marino 7/27/2023 response sent
2023‐75 7/20/2023 7/31/2023
All staff contact info 1. First Name
2. Last Name
3. Position Title
4. Department
5. Direct Phone Number (if does not exist, list main phone number with extension)
6. Business Cell Phone (if provided by City of Carmel by the Sea)
7. Email Address
8. Office Address (Address, City, State, Zip)
SmartProcure 8/1/2023 records sent.
2023‐76 7/26/2026 8/7/2023 The total that Alan Ward was paid while on leave Mary Schley 7/27/2023 response sent 2023‐77 7/27/2023 8/7/2023 all documents pertaining to the investigation of former Police Chief Alan Ward. Mary Schley 8/2/2023 response sent Attachment 4
Police Records Request Log
July, 2023
Request No. Request Date &
Received By
10-Day Due
Date
Date Completed by
PSO Requestor Info Requested Status
2022-0001 7/5/2023 7/15/2023 7/5/23 DA Lexis Nexis CA2300262 completed 2022-0002 7/6/2023 7/16/2023 7/7 DA Marianne DiMaggio CG2300280 completed 2022-0003 07/10 mw 7/20/2023 07/17 AI/MW City Hall Nova Romero - email
CC1900316,CC1600364
,CC0600295,CC110011
7,CC1500377,CG19003
49,CG1900381,
CG1900625,
CG1900644
completed
2022-0004 07/18/2023 AI 7/28/2023 07/18/2023 AI Lexis Nexis CA2300282 completed 2022-0005 07/18/2023 AI 7/28/2023 07/18/2023 AI Metropolitan Reporting Bureau
CA2300276 completed
2022-0006 07/18/2023 AI 7/28/2023 07/18/2023 AI Lexis Nexis CG2300257 completed 2022-0007 07/18/2023 AI 7/28/2023 07/18/2023 AI Marzano, Heather CG2300306 completed 2022-0008 07/24/23 mw 8/3/2023 8/4 JK
Medical Board
Sacramento
CG2300295 mw, ai, jk
2022-0009 7/25/2023 mw 8/4/2023 07/25/23 mw Marzano, Heather CG2300306 - supplement 1 completed
2022-0010 07/25/23 mw 8/4/2023 7/29 DA Grover, Deborah CA2300312 completed 2022-0011 7/28/23 DA 8/8/2023 7/29 DA Lexis Nexis CAD 07022023-0008 completed 2022-0012 7/28/2023 8/8/2023 7/29 DA Lexis Nexis CAD 07022023-0008 completed 2022-0013 7/25/2023 8/5/2023 7/29 DA Carmen Garcia Diaz CG2300038 completed 2022-0014 7/30/2023 8/9/2023 8/4 DA Garcia Morales, Jose CG2200413 DeniedReferred to DA's
Office
Attachment 4
**
CITY OF CARMEL-BY-THE-SEA
Public Works Department
July 2023 Monthly Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: August 2, 2023
APPROVED BY: Chip Rerig, City Administrator
City Council Meeting of July 11, 2023
• Authorized sending a letter to Monterey County for the Fiscal Year (FY) 2023/24 Used Oil Program.
• Adopted Resolution 2023-067, awarding a Professional Services Agreement (PSA) with Denise Duffy & Associates to provide North Dunes Habitat Restoration and on-call environmental monitoring services for two years for a fee of $111,560. • Adopted Resolution 2023-070, approving Amendment No. 1 to the PSA with Davey Resource Group to provide additional services associated with the Urban Forest Master Plan (UFMP) for an additional fee of $45,000.
• Adopted Resolution 2023-071, awarding a PSA with Advance Design Consultants to provide electrical engineering services for panel upgrades at several City buildings, and for design of a replacement electrical panel for the Sunset Center north lot and additional EV charging stations at Vista Lobos, for a fee of $79,560.
• Adopted Resolution 2023-072, approving Amendment No. 1 to the PSA with Neill Engineers to design four high-priority drainage improvements identified in the 2023 Storm Drain Master Plan Update for a fee of $159,100.
• Adopted Resolution 2023-073, approving Amendment No. 1 to the PSA with Ausonio, Inc. to provide project management services for seven facility renovation projects during FY 2023/24 for a fee of $125,000.
• Adopted Resolution 2023-076, approving a fee for services schedule with a new fee for tree evaluations, and revised fees for tree pruning and removal permits, and tree-related appeals to the Forest & Beach Commission and City Council.
Forest and Beach Commission Meeting of July 13, 2023
• Meeting canceled for lack of quorum. Next meeting is on August 10, 2023.
Forest and Beach Commission Special Meeting of July 20, 2023 • Commissioners conducted a tour of Carmel Beach focusing on shoreline infrastructure deficiencies and needed repairs, including 11 beach access stairs, 11 seawalls, and 6 revetments, as noted in the Coastal Engineering Study’s Shoreline Condition Assessment.
Administration
• New City Forester, Justin Ono, began on July 17th.
• Facility Maintenance Specialist, Leo Hernandez, began serving our Country in the National Guard for 6 weeks.
Attachment 5
Public Works Department Report – July 2023
• An in-house promotional opportunity was posted for a Maintenance Worker III. • Unfortunately, no Proposals were submitted in response to the Request of Proposal for Scout House renovation, activities programming, and facility management. • Supported review of Police license plate reader cameras (Flock) for cameras installed prior to issuance of an encroachment permit.
• Supported the City Attorney’s office regarding a claim for alleged damage due to drainage issues for property located near Lincoln Street and First Avenue. • The Director provided a training session for City staff regarding consistent contracting terminology, the advantages of maintaining a roster of Statement of Qualifications, and tips for preparing Requests for Proposals, selecting consultants, and developing PSAs. • Several Public Works managers attended Brown Act training and a Generational Diversity Workshop.
• Processed numerous final invoices for goods and services provided through June to close out FY 2022/23. Also prepared blanket purchase orders for often-used contractors and vendors for the new FY 2023/24.
Carmel Cares
• Began construction of the Scenic Pathway Guardrail Repair Project. Project anticipated to be completed by late August.
• Decorated Devendorf Park and downtown for the July 4th holiday. • Installed the custom-built wooden cabinet for audio equipment at Forest Theater. • Submitted documentation for design review and permit approval for proposed new cigarette butt containers to replace the existing, smaller “Butt Stops Here” containers. • “Downtown Detail” volunteers continued to beautify sidewalks in the downtown area. • The “Median Minders” continued to improve medians across the Village. • Continued to pick up illegal fire remains and other debris along the beach.
Environmental Programs
• Incorporated edits and modifications requested by the Coastal Commission regarding the City’s draft Stormwater Ordinance Updates. Coordinated with the City Attorney’s office regarding the Coastal Commission’s more stringent and impactful requirements, and with other local agencies to get their input on these potential new mandates. • Reviewed proposal from the California Marine Sanctuary for additional water quality testing. • For the Coastal Engineering Study, executed Amendment No. 1 to the PSA with EMC/ Integral/Haro Kashunich and Associates, which reprioritized tasks with no net impact to the fees or schedule, and issued the Notice to Proceed.
• Prepared staff report and coordinated presentation for August 10th Forest & Beach Commission meeting regarding Coastal Engineering Study Task 2, for the Shoreline and Beach Change Analysis.
• Developed standard CEQA Findings language to be included for most Forest & Beach Commission Public Hearing decisions.
• Executed PSA with Denise Duffy & Associates for North Dunes Habitat Restoration and issued the Notice to Proceed. Kickoff meeting to be held in early August. Also compiled list of potential volunteers to be organized by staff for consistent, ongoing weed pulling and ice plant removals in the Dunes habitat area.
• Completed the annual Cal Recycle report for e-waste disposal. • Based on the annual trash can condition survey, developed preliminary locations for the next batch of ribbon style trash/recycling containers to be purchased. • Prepared a CEQA Categorical Exemption document for the FY 2021/22 Paving Project.
Attachment 5
Public Works Department Report – July 2023
• Monitored water ponding on the beach, restrained from draining out with the tides due to sand deposits.
• Public outreach noted in Friday Letters included: organics recycling workshop, reef-safe sunscreen products, doggie doo photo contest, and responding to stranded beach mammals.
Facility Maintenance
• Contractor replaced the heater and blower switches in the back of the City Council chambers with energy-efficient timers.
• Contractor repaired the Scenic Restroom mahogany doors and frames so they no longer jam as the doors expand and contract due to temperature changes. New door closers were also installed.
• For the Police dispatch room, contractor demolished the former closet walls to open up the room for more space. The drop ceiling was modified, and electrical circuits were temporarily relocated. Quotes are also in progress to install drywall and paint prior to installing modular furniture.
• As a new FY 2023/24 CIP project, evaluated the condition of the existing 11 traffic bollards in front of the Sunset Center Box office, and obtained quotes for new bollards to replace those damaged and for spares.
Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Project, a kickoff meeting with Indigo Architects was held on July 7th.
Their building condition assessment tour was scheduled for August 2nd, and programming interviews with key City start are also being scheduled for their functional program report.
Ausonio, Inc. Projects:
• The bundled project for City Hall Roof Replacement, Sunset Center Exterior Painting - north wing, Cottage Windows Repairs, and Harrison Memorial Library Exterior/Interior Painting was advertise for bids effective July 14th. A pre-bid meeting is scheduled for August 1st and bids open on August 22nd.
• Began review of existing plans for the San Antonio Pathway Reconstruction Project, between Second and Fourth Avenues.
Wallace Group Projects:
• The sole bid received from Bowen Engineering & Environmental, for the MTNP Well and Tank/Pump House Removal Project, was determined to be responsive and responsible.
Analysis of the higher than expected bid revealed that the cost estimate was too low for handling and disposing hazardous materials, and the estimate for mobilization assumed a local contractor, (Bowen is based in Fresno). Award of the $139,700 construction contract is scheduled for the August 1
st Council meeting.
• For the FY 22/23 Concrete Streets Repair Project, BKF Engineers submitted a proposal for additional services associated with intermitted street returns along Ocean Avenue, between Monte Verde Street and San Antonio Avenue, and evaluation of additional treatment options.
Proposal under review for a potential Amendment to their PSA in September. • For the FY 23/24 City-wide Paving Project, the selected streets for overlays and slurry seals were reviewed a second time in the field, and final adjustments were made to the rehabilitation strategies. Wallace Group prepared the scope of work proposal and are developing a fee and schedule to perform the engineering and design work in-house.
Attachment 5
Public Works Department Report – July 2023
Additional Projects:
• Recently-revised plans and contract documents were completed and approved for the FY 2021/22 Paving Project. Bid advertising to commence on August 7th. • For the MTNP 3 Drainage Improvement Projects, continued back and forth dialog and resubmittals with the California Department of Fish and Wildlife and Water Quality Control Board to obtain required regulatory permits. Wrote memorandum to Council regarding the types of regulatory comments requested and resultant delays and extra costs. • Negotiated the City’s proposed special conditions of permit approval with Cal Am Water for their proposed 8-inch waterline to be installed along Dolores Street, between Santa Lucia and Eighth Avenues.
• Wave Broadband submitted another revised set of plans associated with their proposed fiber optics infrastructure project spanning across the City. The plans are nearing completion, and a special encroachment permit may be issued by City Council following a presentation by Wave in September to describe their project purpose, scope, and mitigation of impacts. • PG&E submitted easement documents for City review as required for PG&E to install a transformer at the southeast corner of the Vista Lobos parking lot to accommodate additional EV charging stations at discounted power rates.
Street Maintenance
• For the very busy, extended July 4th holiday weekend, followed the next week by the U.S.
Women’s Open golf tournament in Pebble Beach, provided parking signage for Police, additional staffing, trash bins, portable toilets, sinks, and supplemented trash pickups. • Began to coordinate and prepare for Car Week events in August. • Substantially completed the Annual Traffic Painting Program by finishing red, yellow, green and gray curbs. Thermoplastic parking tees and legends remain. • Refreshed/repainted wayfinding signs in various locations. • At Torres Street and Ninth Avenue, replaced a collapsed, wooden drainage culvert with an HDPE pipe, constructed a custom rock headwall, and reconstructed a fence and pathway. • Installed five dual trash/recycling ribbon style containers at Sunset Center. • Rented a bobcat to spread sand over exposed rocks at the base of the Eighth Avenue beach access stairs and over the embankment west of the Del Mar parking lot. • Cleared out more piles of fire fuel and debris from MTNP. • Coordinated the delivery, testing, and training of the new Electric Street Sweeper arriving on August 4th.
Forestry, Parks, and Beach
• The first Community Workshop for the Urban Forest Master Plan (UFMP) was held at Vista Lobos on July 12th and was attended by roughly 20 residents, plus several Commissioners and new Steering Committee members. It was the first of several opportunities in the coming months where public input will be requested.
• The Community Survey for the UFMP was developed but not yet released to allow for further discussion among Commissioners prior to launching the survey. • Davey Resource Group provided the following status update for development of the UFMP:
o Tree Inventory - complete
o Urban Forest Economics Resource Analysis - complete
o GIS Mapping ~ 99% complete
o Tree Canopy and Land Cover Assessment ~93% complete
o Operational background review – 90% complete
o Stakeholder interviews ~ 90% complete
o Draft UFMP Report ~ 40% complete
Attachment 5
Public Works Department Report – July 2023
• A meeting is being schedule for early September with a CalFire representative to better guide us through the process of reimbursement of the $150k grant for the UFMP. • On-call tree services contractors Community Tree Service, Tope’s Tree Service, and West Coast Arborists were issued Change Orders with budgets up to $175,000 each for FY 2023/24, for a total of $525,000. Forestry plans to reserve $150,000 of the $525,000 for possible storms in January – March, 2024. Task Orders for price quotes are in progress. • On-call landscape maintenance contractor, Town & Country, was issued 30 new Task Orders, totaling $125,000 and covering a wide range of landscaping services throughout the City for FY 2023/24. Approximately $50,000 remains in reserves for additional services over the FY. • The City’s new stump grinder was put into action. The crew removed five stumps in July, and several trees were planted in the downtown area upon removal of these stumps. • Continued to provide information related to tree-related claims resulting from the winter storms. • Forestry crews participated in Aerial Rescue Training on July 7th. . Private and Development Activities
Attachment 5
Public Works Department Report – July 2023
City Forestry, Parks, and Beach Activities
Attachment 5
Public Works Department Report – July 2023
* Numbers only represent correspondences received via the City’s website and do not include live calls, voicemails, drop-in visitors, and emails sent directly to employees from residents, nor return calls and emails from staff.
Attachment 5
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: July 2023 Check Register Summary
RECOMMENDATION:
Approve the check register for July 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 July 2023.
FISCAL IMPACT:
The check register summary for July 2023, totals $3,609,498.79.
PRIOR CITY COUNCIL ACTION:
Council ratified the June 2023 check register at August 1, 2023, regular meeting.
ATTACHMENTS:
Attachment 1) July 2023 Check Register
July 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 110 City Council
51652 Monterey County Business Council Partner membership 07/14/2023 500.00 51657 Peninsula Messenger LLC Mail service sorting and delivery 07/14/2023 5,166.00 51659 Transportation Agency for Monterey County FY 23-24 Local Agency Contribution Monterey County Regional Transporta 07/14/2023 1,283.00 51699 Association of Monterey Bay Area Governments FY 23-24 Member Jurisdiction due and meeting allowance 07/20/2023 3,811.17 51733 Prism Public Risk Innovation Workers Compensation 7/1/2023-6/30/2024 07/26/2023 115.95 Total for Department: 110 City Council 10,876.12
Department: 111 City Administration
51562 Amazon Web Services Inc Data and cloud storage fees 07/07/2023 854.36 51565 AT&T Telephone service citywide 07/07/2023 2,177.98 51573 Comcast City Hall cable services 07/07/2023 68.71 51576 Copies By-The-Sea Agenda printing services 07/07/2023 1,587.49 51577 Corbin Willits System MOM Financial system monthly fee 07/07/2023 720.79 51585 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 07/07/2023 648.03 51586 Iron Mountain Records storage service 07/07/2023 431.51 51587 J 4 Systems Migration of Active Network Servicer 07/07/2023 3,680.00 51600 Office Depot, Inc. Office supplies - Admin 07/07/2023 256.30 51601 Pitney Bowes Bank Inc Purchase Power Postage meter supplies 07/07/2023 380.82 51615 Universal Staffing Inc Temporary staffing services-City Hall front desk 07/07/2023 4,607.03 51616 Verizon Wireless Cell phone sales and usage 07/07/2023 328.93 51620 Wm. B. Saleh Painting, Inc Interior prep and paint City Hall 07/07/2023 23,812.00 51632 IAMP Pro Audio/Anthony J. Nocita Sound system service for multiple meeting May 2023 07/14/2023 2,680.00 51635 Office Depot, Inc. Admin Office supplies 07/14/2023 1,642.78 51640 Southern Computer Warehouse 3 hp ZBook Firefly 16Gp Mobile Workstations 07/14/2023 4,556.54 51641 SystemsUp LLC Remote desktop services 07/14/2023 19.50 51642 T-Mobile Monthly cell service, usage and purchases 07/14/2023 1,520.04 51643 Traffic Patterns Recuritment services, NEOGOV implementation and on-call HR 07/14/2023 550.00 51644 US Bank IT Subscriptions: Junction Networks 07/14/2023 1,687.87 51645 US Bank IT Subscriptions: Constant Contact 07/14/2023 70.00 51646 US Bank IT Subscriptions: Microsoft, Freshworks, Zoom, Adobe, BackBlaze, Google 07/14/2023 2,901.07 51647 US Bank HR Subscriptions: Metrofax 07/14/2023 11.95 51648 US Bank IT equipment non-capital 07/14/2023 606.90 51649 US Bank NYT Digital subscription 07/14/2023 20.00 51650 US Bank HR: Employee Appreciation Luncheon Yeti 07/14/2023 3,924.39 51651 US Bank CCMF Annual Membership 07/14/2023 400.00
51644 US Bank SpringBrook software training 07/14/2023 900.00 51646 Archive Social NR:FOIA Workflow Platform - Standard subscription 07/14/2023 8,388.00 51650 Digital Deployment Website support agreement:Maint, training, security and updates 07/14/2023 700.00 51654 NEOGOV Insight, Onboard,GovJobs, Candidate Test Subscriptions 07/14/2023 9,458.84 51655 Netfile, Inc Annual subscription for Agency Services 07/14/2023 3,200.00 51693 US Bank Cookies for employee staff meeting lunch 6.20.2023 07/20/2023 333.00 51700 AT&T Telephone service citywide 07/20/2023 1,046.42 51704 Digital Deployment Website support agreement:Maint, training, security and updates 07/20/2023 10,500.00 51705 UPS Store FY23-24 budget book printing 07/20/2023 1,696.75 51709 MISAC Membership FY 23-24 07/20/2023 130.00
51710 Monterey County Film Commission FY 23-24 Marketing Funds -Grant 07/20/2023 3,000.00 51713 Quality Print & Copy Printing service-Business cards,stationary,envelopes 07/20/2023 1,042.25 51717 United Way Of Monterey County FY 23-24 United Way 211 Program Grant 07/20/2023 3,000.00 51722 Comcast Business NonNGEN internet and recurring charges 07/26/2023 1,139.72 51726 FedEx Shipping fees-Business office 07/26/2023 29.14 51728 InterVision Threat Prevention subscription and support services 07/26/2023 15,802.64 51729 J 4 Systems System moderization and resiliency services directed by IT 07/26/2023 2,010.00 51733 Prism Public Risk Innovation Primary Workers Compensation 7/1/2023-6/30/2024 07/26/2023 29,761.89 51735 Springbrook Software Professional services relating to accounting software usage 07/26/2023 283.50 51736 SystemsUp LLC Remote desktop services as directed by IT Manager 07/26/2023 39.00 51737 Xerox Financial Services Xerox copier leases citywide 07/26/2023 1,234.01 51738 Alhambra Water service City Hall 07/26/2023 214.64 51754 MRC Xerox Copier Usage fees - All city copiers 07/26/2023 811.92 51756 Office Depot, Inc. Office supplies-Admin 07/26/2023 209.11 51759 Revenue & Cost Specialists LLC Master Fee Schedule review 07/26/2023 5,000.00 51768 Verizon Wireless Cell phone usage and sales 07/26/2023 1,380.50 Total for Department: 111 City Administration 161,456.32 Department: 112 City Attorney
51568 Burke,Williams & Sorensen, LLP City Attorney services 07/07/2023 17,055.50 51609 Sloan Sakai Yeong & Wong Legal services 07/07/2023 480.00 51625 Best Best & Krieger, Attorney At Law Legal fees:Telecommunications issue, Verizon litigation 07/14/2023 5,736.50 51626 Burke,Williams & Sorensen, LLP City Attorney services 07/14/2023 13,255.00 51639 Sloan Sakai Yeong & Wong Legal services - May-June 2023 07/14/2023 4,377.64 51742 Burke,Williams & Sorensen, LLP City Attorney services-Labor negotiations 07/26/2023 96,807.23 Attachment 1
Total for Department: 112 City Attorney 137,711.87
Department: 115 Community Planning & Building
51680 Engineered Fire Systems FY 22-23 - Plan RVW: June 2023 07/20/2023 2,750.00 51681 FedEx FY 22-23 - Volume Study Plans 07/20/2023 42.27 51682 Katherine Wallace Costco, Ad-hoc Housing Mtg. 07/20/2023 49.96 51685 Office Depot, Inc. FY 22-23 CP&B Off. Supp.: Damage/Replace 07/20/2023 55.42 51686 One Workplace L Ferrari FY 22-23 Office Furniture: CP&B 07/20/2023 4,359.80 51688 Quality Print & Copy Business Cards: Sullivan, Marnie, Leah 07/20/2023 278.59 51693 US Bank Office supplies: Amazon 07/20/2023 30.16
51693 US Bank Meeting with Plan Commr. 07/20/2023 65.65 51693 US Bank APA K Wallace: Training, membership 07/20/2023 672.00 51693 US Bank Sticker Mule: Planning Dept. supplies 07/20/2023 74.29 51693 US Bank Mad Dogs & Englishmen: Bike Racks 07/20/2023 128.92 51693 US Bank Office supplies: Amazon 07/20/2023 84.24
51694 Winter and Company FY 22-23 - Design Traditions 1.5: July 2022 - May 2023 07/20/2023 11,495.00 51733 Prism Public Risk Innovation Primary Workers Compensation 7/1/2023-6/30/2024 07/26/2023 22,031.53 51780 EMC Planning Group, Inc 6th Cycle Housing Element & Gen Plan Safety Element Update Proje 07/31/2023 84,465.90 Total for Department: 115 Community Planning & Building 126,583.73 Department: 116 Police
51561 Amazon Capitol Services PD Supplies and equipment 07/07/2023 447.32 51583 Flock Group Inc Hardware and software relating to body camera and taser equipment 07/07/2023 60,650.00 51588 Jacob Clifford Travel reimbursment San Diego 6/4/23-6/8/23 07/07/2023 1,830.55 51588 Jacob Clifford Training 5/6/23 Bayshore Hotel 07/07/2023 281.68 51590 Javier Auto Services PD Auto Repairs 07/07/2023 1,188.99 51595 Monterey Tire Service Inc PD-New tire purchase and installation 07/07/2023 488.60 51597 Napa Auto Parts Police Dept-Auto parts 07/07/2023 36.47 51605 Same Day Shred PD-Document shredding services 07/07/2023 45.00 51610 T2 Systems Canada Inc. T2 MobilePay Virtual Station 07/07/2023 124.00 51611 Transunion Risk & Alterna PD: Monthly fee for information services 07/07/2023 75.00 51614 United Public Safety, Inc-Attn: Accts Rec Ticketing Platform for PD:Hardware, software, tech support and d 07/07/2023 794.32 51622 Alhambra Water service Police Dept 07/14/2023 202.40 51628 County of Monterey IT Dept Correct accounting check 51232 07/14/2023 1,843.93 51629 County of Santa Clara-Sheriff Office Cop Link South Bay Information Sharing Sys Jan-Dec 23 07/14/2023 346.26 51631 Federico's Embroidery Uniform embroidery expense 07/14/2023 49.33 51633 Jacqueline Koviak Reimburse for expenses/Training 6/26/23-6/27/23 07/14/2023 769.84 51644 US Bank PD patches 07/14/2023 114.71
51644 US Bank J Watkins Training/Seminar expenses 07/14/2023 548.26 51647 California Police Chiefs Association Annual membership 07/14/2023 365.00 51649 County of Monterey, Dept of Emerg Communications NGEN Operations and maintenance 07/14/2023 5,106.35 51660 Veritone, Inc Annual subscription-State mandated Police Contact Statistics 07/14/2023 1,500.00 51697 Allied Universal Beach patrol services 07/20/2023 4,387.60 51703 Comcast PD Cable serices 07/20/2023 21.29
51706 Javier Auto Services PD Auto Repairs 07/20/2023 352.88 51715 Tracnet Corporation Annual maintenance MSP 07/20/2023 22,007.14 51720 Allied Universal Beach patrol services 07/26/2023 351.00 51725 Federico's Embroidery PD : CERT expenses 07/26/2023 500.00 51731 Monterey Power Sports PD Motorcycle repairs 07/26/2023 690.27 51733 Prism Public Risk Innovation Primary Workers Compensation 7/1/2023-6/30/2024 07/26/2023 137,213.89 51734 Rydin Decal Decals PD 07/26/2023 944.00
51738 Alhambra Water service Police Dept 07/26/2023 183.33 51739 Amazon Capitol Services PD Supplies and Equipment 07/26/2023 287.90 51741 Axon Enterprise, Inc PD: 2021 Taser7 Certification bundle 07/26/2023 24,027.36 51744 Carmel Towing & Garage FY 22-23 Fuel charges PD 07/26/2023 4,221.13 51747 Department of Justice/Accounting Office PD:Fingerprinting services 07/26/2023 64.00 51748 Drivers License Guide Co. License Publications 07/26/2023 34.90 51753 Monterey County Sheriff-Coroner Criminal Justice Information System fees-4/1/2023-6/30/2023 07/26/2023 22,408.28 51756 Office Depot, Inc. Police Dept office supplies 07/26/2023 576.41 51766 US Bank PD Misc office expenses 07/26/2023 61.56
51767 Veritas CVSA Truth Verification Services PD: Professional services: Pre Employment CVSA 07/26/2023 1,750.00 51770 Wittman Enterprises, LLC PD fees June 2023 07/26/2023 3,096.38 51779 County of Monterey IT Dept PD Cellular access/telephone calling and access Jun 2023 07/31/2023 2,278.38 51787 Speak Write Billing Department Software for PD report writing 07/31/2023 223.13 51789 Transunion Risk & Alterna PD: Monthly fee for information services 07/31/2023 75.00 Total for Department: 116 Police 302,563.84
Department: 117 Fire
51560 Allstar Fire Equipment Inc 2 Turnout pants/2 Turnout Coats 07/07/2023 6,702.47 51593 Mission Linen Service Fire Dept laundry service 07/07/2023 247.24 51623 Allstar Fire Equipment Inc 4 Particulate Barrier hoods 07/14/2023 452.63 51627 City Of Monterey Fired Dept Vehicle repairs 07/14/2023 11,851.84 51649 County of Monterey, Dept of Emerg Communications Dispatch Service 07/14/2023 6,114.03 51651 Mission Linen Service Fire Dept laundry service 07/14/2023 123.62 51698 Allstar Fire Equipment Inc Safety apparel Fire Dept 07/20/2023 648.95 51702 City Of Monterey FY 23-24 Monthly fee Interim Fire Admin/Emerg Incident Mgmt 07/20/2023 236,620.21 51730 Mission Linen Service Fire Dept laundry service 07/26/2023 261.96 51744 Carmel Towing & Garage Fire Dept-Fuel June 2023 07/26/2023 238.73 Attachment 1
51752 Mission Linen Service Fire Dept laundry service 07/26/2023 123.62 51779 County of Monterey IT Dept 1.Fire Dept:Cellular access/telephone calling and access 2. PD:C 07/31/2023 506.18 Total for Department: 117 Fire 263,891.48
Department: 118 Ambulance
51564 Arthur Rosillo Travel reimbursement ESO Training Texas 07/07/2023 1,313.73 51567 Bound Tree Medical LLC Medical supplies 07/07/2023 50.03 51572 City Of Monterey FY 22-23 Ambulance OT for staffing by Monterey 07/07/2023 1,760.43 51619 Wittman Enterprises, LLC Ambulance billing service 07/07/2023 5,887.12 51624 American Supply Company Amb janitorial supplies 07/14/2023 150.87 51637 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 07/14/2023 215.41 51712 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 07/20/2023 34.81 51721 City Of Monterey FY 23-24 Ambulance Administration fee 07/26/2023 1,983.56 51723 De Lage Landen Financial Ambulance copier usage 07/26/2023 71.01 51724 Dr. James Stubblefield, MD, Inc Annual contract:Medical director Fire Agency Provider Controlled 07/26/2023 7,000.00 51732 Myles Routh ACLS Renewal 0900-UTC 07/26/2023 180.00 51733 Prism Public Risk Innovation Primary Workers Compensation 7/1/2023-6/30/2024 07/26/2023 73,438.42 51744 Carmel Towing & Garage Fire-Amb June 23 less overpmt of $262.56 07/26/2023 662.57 51746 City Of Monterey FY 22-23 Ambulance overtime reimbursement for staffing by Monter 07/26/2023 16,515.66 51770 Wittman Enterprises, LLC Fire Amb fees June 2023 07/26/2023 2.14 Total for Department: 118 Ambulance 109,265.76
Department: 119 Public Works
51559 4Leaf, Inc Traffic Enginering 3-31-23 J4030C 07/07/2023 195.00 51563 AR Gutters & Sheet Metal Inc. Install downspouts at Vista Lobos 07/07/2023 365.00 51569 Carmel Area Wastewater District Vactor CDS cleaning FY 22-23 contract 07/07/2023 3,829.80 51570 Carmel Cares-Dale Byrne, President Landscaping work 07/07/2023 2,455.00 51571 Cintas Corporation Uniform service 6/27/23 07/07/2023 367.84 51574 Community Tree Service Tree work as directed by City Forester 07/07/2023 16,294.03 51575 Conte's Generator Service, iNC PW/FM Emergency generator services 07/07/2023 1,300.00 51578 Cypress Painting & Decorating, Inc. Painting at Devendorf Park RR 07/07/2023 7,480.00 51580 Dominic Marquez Wellness Program MOU reimbursement 07/07/2023 150.00 51581 Edges Electrical Group Electrical supplies for City Facilities 07/07/2023 5,406.80 51582 First Alarm CFD alarm monitoring 6/15/23 07/07/2023 309.12 51584 Granite Rock Company Marking paint - 6/24/23 07/07/2023 67.14 51589 Jamestown Advanced Products Corp New garbage cans for City- 07/07/2023 13,970.17 51592 Michael Feher Workboots reinbursement 6/23/23 07/07/2023 213.04 51594 Monterey County Weekly Classifieds Remainder of invoice total #04/20/23CRML-2 07/07/2023 616.00 51596 MRC Toner for PW Copier 3498031 6/6/23 07/07/2023 60.09 51598 National Stock Sign Company 6 cases of No Parking Signs 07/07/2023 1,556.81 51602 Poe's Plumbing & Backflow Plumbing at city sites 07/07/2023 1,952.08 51606 Scarborough Lumber & Building Facility Maintenance - Hardware supplies 07/07/2023 1,028.86 51608 Sentry Alarm Systems Alarm Monitoring at various City sites 07/07/2023 3,254.79 51612 Tree Stuff Lockbox Safety equipment for Forestry Division 5-24-23 07/07/2023 3,050.05 51613 Uline Inc. Safety equipment for PW employees 6/8/23 07/07/2023 950.38 51615 Universal Staffing Inc Temporary staffing services 07/07/2023 8,755.01 51618 West Coast Arborists Inc . Contract tree work 07/07/2023 23,250.00 51620 Wm. B. Saleh Painting, Inc Int/Ext painting of the upper Forest Hill Park RR. 07/07/2023 4,378.00 51670 American Lock & Key Locksmith ervice for City Facilities 07/20/2023 542.90 51671 Applied Marine Sciences Microbial Source Tracking 07/20/2023 4,096.00 51679 Edges Electrical Group Supplies for City locations 07/20/2023 74.06 51684 Monterey Sanitary Supply Fire Dept-janitorial supplies 07/20/2023 1,546.48 51690 Scarborough Lumber & Building PW Streets - Supplies 07/20/2023 22.68 51691 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 07/20/2023 13,000.00 51692 Town and Country Gardening On call landscape service for City 07/20/2023 15,936.05 51733 Prism Public Risk Innovation Primary Workers Compensation 7/1/2023-6/30/2024 07/26/2023 94,696.91 51738 Alhambra PW Water Delivery- 07/26/2023 68.40
51743 Carmel Cares-Dale Byrne, President Reimburse for Mutt Mitt purchase 07/26/2023 3,404.00 51745 Carpet Caravan Inc. New carpet install 6/22/23 07/26/2023 990.14 51746 City Of Monterey Unit 14 service repair: parts and labor 6/27/23 07/26/2023 8,620.27 51749 Edges Electrical Group Supplies for City locations 07/26/2023 1,746.03 51751 Granite Construction Company City Hall hot mix 6/28/23 07/26/2023 841.92 51755 Napa Auto Parts Parts for Sweeper 6/29/23 07/26/2023 480.71 51756 Office Depot, Inc. Supplies for Admin PW 6/15/23 07/26/2023 508.85 51758 Quinn Company Inc Rental of Dump Truck 07/26/2023 1,314.12 51760 Ross Recreation Equipment, Inc. FHP Playground Parts 07/26/2023 6,650.86 51761 Sherwin-Williams Co. PW Paint and paint supplies 07/26/2023 824.13 51763 Tree Stuff Lockbox No 639707 Safety equipment for tree crew. 7/11/23 07/26/2023 385.63 51764 Uline Inc. Trash bags, gear 07/26/2023 410.21
51765 Universal Staffing Inc Temporary staffing services PW-7/3/23 07/26/2023 1,785.00 51771 Zumar Industries, Inc. 12 Stop Signs and blanks 07/26/2023 1,007.03 51773 Airtec Inc Exhaust fan repair in PW- 6/30/21 07/31/2023 3,270.26 51775 American Supply Company PW/FM Janitorial supplies 0177834 07/31/2023 1,460.89 51778 Carmel Towing & Garage June Fuel for PW 07/31/2023 3,119.80 51781 Florence Filter Corp Filters for City buildings 6/22/23 07/31/2023 1,438.25 51783 Ono Consulting Consulting from May - June 07/31/2023 12,600.00 51785 PSTS, Inc. Services:Pumping oil-water separator 6/29/23 07/31/2023 805.00 Attachment 1
51788 Town and Country Gardening Tree work as directed by staff 07/31/2023 23,320.00 51790 US Bank CW-6191 7/6/23 Facilities supplies 07/31/2023 2,937.00 51790 US Bank RC- Forestry supplies 07/31/2023 895.85
51790 US Bank PW Expo APWA for Javier Hernandez 07/31/2023 829.00 51790 US Bank CW-6191 7/6/23 Facilities supplies 07/31/2023 1,625.98 Total for Department: 119 Public Works 312,509.39
Department: 120 Library
51634 Jayson Architecture Professional architectural services Library 07/14/2023 19,954.00 51656 Pacific Grove Self Storage Storage Unit - Document storage 07/14/2023 353.00 51733 Prism Public Risk Innovation Primary Workers Compensation 7/1/2023-6/30/2024 07/26/2023 22,031.53 Total for Department: 120 Library 42,338.53
Department: 121 Community Activities
51707 Leslie Fenton Lunch for PW crew working July 4 07/20/2023 22.00 51727 Good Roots Events, Inc. 50% for 2023 Farmers' Market & 3rd Thursday events - music and s 07/26/2023 20,700.00 51733 Prism Public Risk Innovation Primary Worke'rs Compensation 7/1/2023-6/30/2024 07/26/2023 7,227.88 Total for Department: 121 Community Activities 27,949.88 Department: 122 Economic Revitalization
51621 Sunset Cultural Center Inc. City Operating Grant - Quarter 1, 2023 07/07/2023 187,500.00 51648 Carmel Chamber of Commerce Visitor Center operations 07/14/2023 30,000.00 51718 Visit Carmel Destination marketing funding FY 23-24 07/20/2023 30,000.00 Total for Department: 122 Economic Revitalization 247,500.00 Department: 130 Non-Departmental
51603 Prism Public Risk Innovation Enterprise Risk Consultant Program 07/07/2023 3,368.75 51636 Pacific Gas & Electric Citywide gas & electric services 07/14/2023 14,209.43 51638 Prism Public Risk Innovation Enterprise Risk Consultant Fee S. Wimes Mar-Apr 2023 07/14/2023 1,399.44 51658 Prism Public Risk Innovation Property Program 07/14/2023 158,989.00 51696 Alliant Insurance Services AST Pollution premium/Surplus lines tax/ee 07/20/2023 790.69 51733 Prism Public Risk Innovation Optional Excess Liability Program 7/1/2023-6/30/2024 07/26/2023 83,186.00 51733 Prism Public Risk Innovation General Liability 7/1/2023-6/30/2024 07/26/2023 670,278.00 51733 Prism Public Risk Innovation Cyber Liability Program 7/1/2023-6/30/2024 07/26/2023 7,364.00 51774 Alliant Insurance Services ACIP-Alliant Crime Insurance Program 07/31/2023 1,340.00 51777 Cal-Am Water Company Water service citywide-Jun-Jul 2023 07/31/2023 15,742.11 51784 Prism Public Risk Innovation Enterprise Risk Consultant Fee S Adams April-May 2023 07/31/2023 1,012.50 Total for Department: 130 Non-Departmental 957,679.92
Department: 311 Capital Projects
51566 BKF Engineers Concrete Street Repairs - CIP 07/07/2023 28,763.24 51591 Layer 1 Networks Inc Labor to install new telecom outlets PD 07/07/2023 300.11 51599 Native Solutions North Dunes Restoration Project 07/07/2023 11,500.00 51604 Rehak General Engineering City Hall Retaining Wall 07/07/2023 121,309.43 51606 Scarborough Lumber & Building Paint for ADA handrails 6/16/23 #447614-4 07/07/2023 71.55 51607 Schaaf & Wheeler Civil Engineers Storm Drain Master Plan 07/07/2023 8,085.00 51617 Wallace Group Project Management CIP Cioncrete Street Repair 07/07/2023 4,524.58 51673 Bureau Veritas North America Inc Facilities Condition Assessment Project 07/20/2023 28,219.95 51676 Davey Resource Group, Inc. Forestry Managament Plan 07/20/2023 19,885.96 51678 Dudek Construction support servicesfor MTNP pump house removal and wel 07/20/2023 3,976.25 51740 Ausonio, Inc SCC Haz mat remediation and exterior painting 07/26/2023 4,445.00 51757 Pacific Redwood Products, LLC Scenic Barrier Rails- 07/26/2023 45,188.63 51762 Ten Over Studio, Inc On Call Architecural Services-SSC Exterior Painting 07/26/2023 1,587.50 51769 Wallace Group Project Management CIP Cioncrete Street Repair 07/26/2023 2,384.25 51772 4Leaf, Inc Police Facility Reno Project 07/31/2023 2,632.50 51775 American Supply Company PW/FM Janitorial supplies 0177834 1160.00 to CIP ADA yr 6 07/31/2023 1,160.00 51776 Ausonio, Inc PM and and consulting for CH retaining Wall billing for June. 7 07/31/2023 2,727.50 51780 EMC Planning Group, Inc Coastal Engineering Study and Adaptation Plan 07/31/2023 1,819.41 51782 Mayone Structural Engineering City Hall Repair Project - CIP 07/31/2023 6,357.00 51786 Rehak General Engineering City Hall Retaining Wall 07/31/2023 6,384.71 Total for Department: 311 Capital Projects 301,322.57
Department: 411 Debt Service
51649 County of Monterey, Dept of Emerg Communications NGEN Debt service 07/14/2023 15,032.69 Total for Department: 411 Debt Service 15,032.69
Department: 513 Veh & Equip Replacement
51653 Motorola Solutions Credit Co. LLC CIP:Police Radios lease 122PS-PDRADIO 07/14/2023 29,002.98 51791 Municipal Maintenance Equipment RAVA 5E Series Electric Street Sweeper purchase 07/31/2023 563,813.71 Total for Department: 513 Veh & Equip Replacement 592,816.69 Grand Total 3,609,498.79
Contract Amt Paid thru July Contract Balance
$ 35,871.00 107,730.00 $ 71,859.00 $
$ 245,891.60 2,950,699.00 $ 2,704,807.40 $
Vendor
Pen Messenger
City of Monterey *
Attachment 1
$ 48,806.50 51,840.70 $ 3,034.20 $
$ 21,775.59 272,000.00 $ 250,224.41 $
4Leaf Inc. $ 67,862.90 179,800.00 $ 111,937.10 $
J4 Systems
Pureserve * Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 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 2023-081, authorizing the City Administrator to apply for and accept funds from the California Coastal Commission Local Coastal Program Local Assistance Grant Program for the Coastal Engineering and Adaptation Planning Project RECOMMENDATION:
Adopt Resolution 2023-081 authorizing the City Administrator to apply for and accept funds from the California Coastal Commission Local Coastal Program Local Assistance Grant Program for the Coastal Engineering and Adaptation Planning Project.
BACKGROUND/SUMMARY:
In 1972, California voters adopted Proposition 20 creating the California Coastal Act and Coastal Commission (Commission). The Commission was given the mandate of implementing Coastal Act policies by preparing a comprehensive plan for the California coastline and reviewing locally-approved projects within a coastal zone along the coastline. In 1976, the Coastal Act was revised with specific provisions that coastal permit processing authority be transferred from the Commission to local governments upon the adoption of local Coastal Land Use and Implementation Plans. The Coastal Land Use Plan must contain planning policies and land use designations relating to the coastal zone and Coastal Act. The Coastal Implementation Plan must contain regulations and programs necessary to carry out the Coastal Land Use Plan. Together the Coastal Land Use Plan and Implementation Plan form the Local Coastal Program (LCP).
Recognizing funding and capacity constraints of local governments in undertaking this work, the Commission's LCP Local Assistance Grant Program provides funds to support local governments in completing or updating LCPs consistent with the California Coastal Act, with special emphasis on planning for sea-level rise and climate change. The Commission is in the process of releasing funds designed to assist local governments in assessing sea level rise and climate change impacts and planning for coastal resiliency. Funding is provided by the Budget Act of 2021 and will provide up to $31 million to support local governments. The outcome of the LCP assistance grant must include adoption of a new or amended LCP.
The City’s LCP was certified by the Coastal Commission in 2004 and includes the following General Plan Elements: Land Use & Community Character Element, Circulation Element, Coastal Access and Recreation Element, and Coastal Resource Management Element. The LCP also includes the Carmel Municipal Code Chapter 17 (Implementation Plan) and the General Plan and Zoning Ordinance appendices.
In August 2022, the City Council adopted the City’s Climate Adaptation Plan and Climate Action Plan.
These plans included various projects to implement. One key initial project is the Coastal Engineering Study and Adaptation Planning Project. In November 2022, the City Council approved a Professional Services Agreement with EMC Planning Group/Integral Corporation/Haro Kasunich & Associates in the amount of $175,000 to conduct the first phase of the Coastal Engineering Study and Adaptation Planning Project.
The Coastal Engineering Study and Adaptation Planning Project is designed to be completed in two phases. Phase 1 is fully funded in the prior and current fiscal years’ Capital Improvement Plan (CIP). Key tasks and associated deliverables for Phase 1 are briefly outlined below:
Phase 1 – Coastal Engineering and Hazard Assessment
Task 1 – The findings of the Coastal Infrastructure Condition Assessment were presented to the Forest and Beach Commission in March 2023. The final report is available in the following link: https://ci.carmel.ca.us/sites/main/files/fileattachments/12176_carmel_beach_adaptation_coastal_protection_assessment_4-27- 2023_rev.pdf?1692201318
Task 2 – Preparation of the Shoreline and Beach Change Analysis – Long Term and Seasonal. The findings of this analysis were presented to the Forest and Beach Commission in August 2023. The final report will be provided by September 2023. A link the consultants’ presentation is provided in the following link: https://ci.carmel.ca.us/sites/main/files/fileattachments/carmel_task_2_presentation_fbcommission_08102023.pdf?1692199802 Tasks 1 and 2 are also planned to be presented at a future Climate Committee meeting.
Task 3 – Shoreline and Beach Erosion Exposure Modeling. A technical memo of the methods and maps showing results of the projected existing and future coastal hazard extents is currently underway.
Task 4 – Coastal Hazard and Sea Level Rise Vulnerability Assessment. The consultants will provide an Executive Summary of results, up to five sector profile summaries (land use, transportation, utilities, etc.).
Task 5 – Policy Review. The consultants will provide a memo summarizing the City’s existing coastal hazard policies and attend meetings with California Coastal Commission and City staff.
Phase 2 – Local Coastal Plan Coastal Hazards Policy Update The Phase 2 LCP Coastal Hazards Policy work will build off the technical work completed and in progress in Phase 1 and will update the City’s LCP to address Coastal Hazards. The City’s Fiscal Year 2023/2024 CIP budget established $100,000 to partially fund Phase 2.
The consultants and staff have recently identified a non-competitive California Coastal Commission grant of $500,000 for which this project is eligible to complete all of Phase 2 (Attachment 2). City staff, the consultants, and the Coastal Commission staff met in August 2023 to review the Phase 2 scope of work, estimated costs, and terms of the Grant Agreement (Attachment 3). If the City receives Coastal Commission grant funding of $500,000, staff will ask the City Council to re-appropriate the Fiscal Year 2023/2024 CIP funds of $100,000 at an upcoming meeting.
Once funded by the grant, the Phase 2 scope of work would be focused on the Coastal Hazards section of the LCP, and will address sea level rise hazards, areas of vulnerability, preferred adaptation strategies, potential coastal resiliency projects, and coastal hazards mapping. Specifically, Phase 2 will include: 1) project management, including $50,000 for City staff project management; 2) develop recommendations for policy and project approaches and identify high priority adaptations; 3) public outreach and community engagement; 4) conduct a socio-economic analysis including developing a cost analysis for certain implementation strategies; 5) develop adaptation strategies for the short, medium, and long term projects as well as monitor triggers for steps to move to the next phase of adaptation; and 6) revise hazard policies and additional policy area updates; and 7) prepare the LCP amendment to update coastal hazard policies. This effort would result in an updated LCP that identifies areas of coastal vulnerability in the City, addresses environmental justice needs, and plans for coastal resiliency and climate adaptation projects.
Grant Application Process and Next Steps
We are requesting the City Council to a) adopt the attached Resolution in the form provided by the California Coastal Commission, b) approve the submission of the grant application, and c) accept the funds from the California Coastal Commission Local Coastal Program Local Assistance Grant Program for the Coastal Engineering and Adaptation Planning Project. The Commission expects to award the grant in the Fall 2023.
Work will not be authorized to begin on Phase 2 until the City Council approves an amendment to the Professional Services Agreement with EMC Planning Group/Integral Corporation/Haro Kasunich & Associates for approximately $450,000.
FISCAL IMPACT:
Funding for Phase 2 is anticipated to come from a non-competitive California Coastal Commission Grant in the amount of $500,000. Work will not be authorized to begin on Phase 2 until the City Council approves an amendment to the Professional Services Agreement with EMC Planning Group/ Integral Corporation/Haro Kasunich & Associates for $450,000 for the grant funding and appropriates $50,000 for City staff project management. Grant funds would be available monthly on a reimbursement basis.
If the City receives Coastal Commission grant funding, staff will ask the City Council to reappropriate the Fiscal Year 2023/2024 CIP funds of $100,000 which were programmed to prepare a portion of the Phase 2 services. These funds may be reappropriated to further design and construction of the Shoreline Infrastructure Repairs Project included in the Fiscal Year 2023/2024 CIP or another project.
PRIOR CITY COUNCIL ACTION:
In June 2022, City Council approved the Fiscal Year 2022-23 CIP budget, which included a Sea Level Rise/Coastal Engineering Report and a Beach Sand Survey and Wall Inspections in the combined amount of $175,000. At their August 2, 2022 meeting, City Council adopted the City’s Climate Adaptation Plan and Climate Action Plan under Resolution 2022-064.
In November 2022, City Council approved Resolution 2022-094, the City Council awarded a Professional Services Agreement to EMC/Integral/Haro Kasunich, for a not-to-exceed fee of $175,000, for the first phase of the Coastal Engineering and Adaptation Planning Project. The Coastal Engineering Report is identified as a high-priority project in the Climate Action Plan.
ATTACHMENTS:
Attachment 1) Resolution 2023-081
Attachment 2) CCC Grant Application
Attachment 3) Grant Agreement
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING SUBMITTAL OF THE CALIFORNIA COASTAL COMMISSION LOCAL
COASTAL PROGRAM LOCAL ASSISTANCE GRANT PROGRAM PROPOSAL WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s Local Coastal Programs (LCP) Local Assistance Grant Program and which awards grants to local governments to support coastal resiliency and updates to the LCPs; and, WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and, WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and,
WHEREAS, grant proposals submitted under this grant program must complete LCP work with special emphasis on coastal resiliency and addressing the effects of climate change and sea level rise; and,
WHEREAS, the City of Carmel-by-the-Sea has a certified LCP; and, WHEREAS, the City of Carmel-by-the-Sea, desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP; and,
WHEREAS, the City of Carmel-by-the-Sea desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP and desires to assume permit issuing authority; and,
WHEREAS, the City of Carmel-by-the-Sea commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1. Directs City of Carmel-by-the-Sea staff to submit the grant application package attached hereto as Exhibit “A” to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $500,000 to fund the Coastal Engineering and Adaptation Planning Project, Phase 2, more particularly described in the grant application package attached as Exhibit “A”.
2. Authorize the City Administrator of the City of Carmel-by-the-Sea to apply for, accept and execute in the name of the City of Carmel-by-the-Sea, all necessary applications, contracts, and agreements and amendments thereto, and appropriate funds from the California Coastal Commission, to procure and implement any project approved through approval of the grant application.
Attachment 1
Resolution 2023-081
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 12th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, M.M.C.
Mayor City Clerk
Attachment 1
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105-2421
VOICE (415) 904-5200
FAX (415) 904-5400
1 CALIFORNIA COASTAL COMMISSION
LCP LOCAL ASSISTANCE GRANT PROGRAM
NON-COMPETITIVE GRANT APPLICATION FORM
The California Coastal Commission is pleased to announce the availability of rolling grant funding to support local government coastal resiliency efforts. Funding is provided by the Budget Act of 2021, which appropriates $31 million to the Coastal Commission to support its LCP Local Assistance Grant Program. The grant program is intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs. Funds may be used for projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component.
As part of the recently adopted grant program updates, the Coastal Commission developed a non-competitive, rolling application process that is separate from the Commission’s competitive grant rounds. This rolling application process is designed for targeted projects up to $500,000 which have a high likelihood of success over a shorter grant term, such as a single feasibility study with targeted LCP changes. The application form and additional details are provided below. More information on eligible grantees and projects, program priorities, and evaluation criteria can be found in the recently adopted LCP Grant Program Updates.
Coastal Commission staff is available to assist during the application process. Applicants are encouraged to reach out to the LCP Grant team with any questions as they develop their applications. Contact information is provided below.
Contents
APPLICATION FORM......................................................................................................................................2 APPLICATION MATERIALS .............................................................................................................................3 SUBMISSION INSTRUCTIONS.......................................................................................................................12 CONTACT INFORMATION............................................................................................................................12 Attachment A: Sample Resolution..............................................................................................................15 Attachment B: Application Checklist ..........................................................................................................17 Attachment C: Program Priorities and Evaluation Criteria .........................................................................18 Attachment 2
2 APPLICATION FORM
APPLICANT INFORMATION
Applicant name (agency): City of Carmel-by-the-Sea
Address: P. O. Box CC, Carmel-by-the-Sea, California 93921 Primary Contact name: Chip Rerig Title: City Administrator Telephone: 831-620-2000 Fax: 831-620-2004
Email: [email protected]
Federal Tax ID#:
Person authorized to sign grant agreement, amendments, and Request for Funds:
Name: Chip Rerig Title: City Administrator
Telephone: 831-620-2000 Email: [email protected]
PROJECT INFORMATION
Project Title: Hazards Policy Review and Revisions
LCP/LCP Segment: City of Carmel
Project Location
City/Geographic area: Carmel-by-the-Sea
County: Monterey
Project Timeline
Start date: 10/1/2023 End date: 03/01/2025
Signature: Date:
Attachment 2
3 APPLICATION MATERIALS
A complete grant application package will consist of the following materials. Please note the entire grant application will be public record upon submittal.
1. Signed Application Form. The signed application form (page 2, above), including the agency, primary contact, person authorized to sign, and project information.
2. Project Description. Provide a clear description of the proposed project, including how the project will meet program priorities and fulfill the evaluation criteria (see Attachment C).
Describe the goals and objectives to be achieved as well as key deliverables and LCP planning components (including specifying whether proposed work will include updates on the Land Use Plan, Implementation Plan/Zoning Code, and/or a Public Works Plan). Note that public outreach and coordination with Coastal Commission staff are required components of these grants. The Project Description section should be no more than 2 pages in 12 point font, single-spaced.
Please note that the non-competitive grant program is intended for more targeted projects which have a high likelihood of success over a shorter grant term, such as a single feasibility study with targeted LCP changes. Comprehensive LCP updates or projects that include development of multiple studies and significant LCP changes will likely be more appropriate for the competitive grant rounds.
The City of Carmel-by-the-Sea’s Local Coastal Program (LCP) was certified by the Coastal Commission in 2004. The LCP includes a policy document, the Land Use Plan, and a set of ordinances and resolutions to implement those policies, the Coastal Implementation Plan. The Land Use, Circulation, Coastal Access, Recreation, and Coastal Resource Management elements of the City’s General Plan have been combined with its Local Coastal Land Use Plan to ensure coordination of these two policy documents. The Coastal Implementation Plan consists of Carmel Municipal Code Chapter 17 as well as Coastal Implementation Plan appendices which include the City’s Shoreline Management Plan (Appendix A).
Climate change is one of the most significant policy areas to emerge since the certification of Carmel’s LCP in 2004, and statewide attention has focused on sea level rise and climate change considerations for local jurisdictions. As a response, in August 2022, the Carmel City Council adopted the Climate Action Plan and Climate Adaptation Plan. This Coastal Engineering study is an official implementation strategy as a result of those plans. Phase 1 of the Coastal Engineering study is currently underway using City funds of $175,000.
The City of Carmel is undertaking Coastal Engineering and Adaptation Planning work with the goal of updating their LCP to address sea-level rise and coastal hazards. Phase 1 of the work, which includes technical studies and reports, is currently underway. Integral Consulting Inc. and HKA are preparing a Coastal Engineering and Hazard Assessment study for the City of Carmel which assessed the conditions and lifespans of existing coastal protection structures, analyzed historic blufftop and beach width changes, and will model coastal hazard exposure within the City of Carmel’s Coastal Zone. The City provided $175,000 for this Phase 1 work. Phase 1 Task 1 (Coastal Attachment 2
4 Engineering Condition Evaluation) has just been accepted by the City, and Phase 1 Task 2 (Shoreline and Beach Change Analysis) is well underway. Phase 1 Task 3 (Shoreline and Beach Erosion Modeling) and Task 4 (Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan) will be underway shortly.
While Phase 1 is underway, the City would like to take advantage of the new Coastal Commission non-competitive funding stream to apply for Phase 2 grant money which will fund policy updates and a coastal hazards LCP Amendment. The Phase 2 policy work will build off the technical work done in Phase 1 and will update the City’s LCP to address coastal hazards based on the findings of the Phase 1 technical studies funded by the City of Carmel. Policy updates will be focused on the Coastal Hazards section of the LCP and will address sea level rise and associated hazards, areas of vulnerability, preferred adaptation strategies, potential coastal resiliency projects, and coastal hazards mapping. Specifically, Phase 2 will include: 1) reviewing existing coastal hazards policies, 2) conducting a social vulnerability assessment; 3) submitting an LCP amendment to update coastal hazard policies; and 4) updating the City’s coastal hazard mapping. This effort would result in an updated LCP that identifies areas of coastal vulnerability in the City of Carmel, addresses environmental justice needs, and plans for coastal resiliency and climate adaptation projects.
The Carmel-by-the-Sea City Manager and City Council aim to complete these tasks expeditiously to ensure that coastal hazards are fully addressed and planned for in the LCP. The scope of work and identified tasks for Phase 2 are identified below.
3. Task Descriptions and Schedule. Provide a description of the tasks that will accomplish your project goals and objectives (see Section (a.) below) and complete a proposed schedule, including anticipated benchmarks, for implementation of each task (see Section (b.) below). a. Task Descriptions: Identify specific tasks and subtasks to be accomplished and provide a narrative description of each task and subtask, including the approach needed to accomplish the task and the roles of partners and stakeholders. Task descriptions should briefly state how they support the overall project goals.
Proposed deliverables for each task should be described as well, such as draft and final sea level rise vulnerability assessments and adaptation reports, and draft, revised draft, and submittals of Land Use Plans, Implementation Plan, and/or Public Works Plans. Note that tasks (and the schedule, below) should account for review of major deliverables by Coastal Commission staff and members of the public prior to finalization.
Please describe how the project applicant will conduct outreach to engage stakeholders in the planning process, particularly those from disadvantaged and lowincome communities, as well as California Native American Tribes, and how these stakeholders will be involved in the planning or assessment process. If your project includes partners, please identify their roles and responsibilities.
PHASE 2- Hazards Policy Review and Revisions, Outreach and LCP Amendment Attachment 2
5 Task 0 – Project Management
This task includes billing hours after the City issues a purchase order to complete, project administration, execution of subconsultant contracts, internal team coordination, a kickoff meeting, and quarterly progress calls with summary notes. EMC Planning Group, as Prime, will take the lead for the consultants on project management and administration. The City staff is also requesting funds to support staff participation and project management in the various project tasks.
Task 1 – Adaptation Feasibility
Integral will summarize the wide range of possible adaptation strategies (projects and policy, green vs gray) and briefly describe the secondary consequences of each and using our professional judgement and experiences to identify adaptation strategies that should be left on the table and presented to the community for further analysis and discussion in Phase 2. We will also identify high priority adaptations that have a very good chance of needing to be implemented over the next 10 years. Some of the feasibility criteria for adaptation will include secondary consequences, regulatory viability, as well as initial construction and ongoing maintenance costs. Essentially this will identify which adaptation tools remain on the table for community discussion, which ones are ruled out, and which are of higher priority that should be expedited to the City planning and permit phase. Integral will lead this task with input on costs from HKA and EMC write up for policy approaches.
Deliverables:
• Draft tables summarizing feasibility, recommendations for policy and project approaches, and identify high priority adaptations, sent to CCC staff for 6-week review • Final tables reflecting CCC comments as appropriate
Task 2 – Public Outreach and Engagement
EMC Planning Group and Integral will prepare and present to the Climate Change Committee (CCC) – 1 city council, 1 planning commission meeting ($5K per meeting for prep, staff support for staff reports, technical presentation development, participation, travel, and follow ups). Assist staff to identify and engage low-income communities as well as California Native American Tribes and develop outreach and meetings to solicit meaningful engagement. Attended by Integral and EMC lead. EMC will prepare an outreach plan to engage broader community members such as nonhomeowners, members of surrounding communities (Carmel Valley, Big Sur, Monterey, Pacific Grove, etc.), and frequent visitors. Such outreach efforts could include email lists, radio announcements, beach and grocery store informational postings, and a dedicated website for content development prepared and managed by EMC Planning Group. Phase 2 Task 3 (socioeconomic analyses) will help inform outreach strategies and groups to target.
Deliverable:
• Technical content and preparation for at least eight (8) presentations, including: two (2) Climate Committee, two (2) Forest and Beach Commission, one (1) Planning Commission, one (1) City Council, and two (2) Public Workshops led by Integral and EMC Planning Group;
• Draft and Final Outreach Plan; sent to CCC staff for 6-week review • Website content
• Outreach and Education materials.
Task 3 – Socio-Economic Analyses
Attachment 2
6 Integral will lead this socio-economic analysis, which will build upon data collected from Phase 1 Task 4 (Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan) and Phase 2 Task 1 (Adaptation Feasibility) to analyze changes to City revenue streams, asset values and non-market beach and coastal recreational use values from a ‘business as usual’ approach. This task includes a travel-cost survey to understand visitation patterns and values associated with recreational and tourism use of Carmel’s coast, to help guide preferences for adaptation approaches. This task will also include the purchase of cellphone data, to better understand the source of visitors to the area, and the importance of access to the coastline of Carmel to residents of inland communities, particularly during high heat events. This is important to understand both the aggregate value of non-market values of the Carmel coastline (as values are a product of the daily use estimates from the travel cost survey and the number of visitors), but also to examine the feasibility and equitability of different funding and financing options, such as tourism taxes and daily parking fees. Analysis of cellphone data will be based on geo-fencing of points of interest (access points, coastal reserves), and analysis of the ‘home’ location of visitor cellphone devices. The methodology will be similar to that employed by Merrill et al 2020, with advisory input from Associate Professor Kiki Patsch at California State University Channel Islands, who has experience in the use of this data in central California. Finally, this task will include developing indicative cost estimates for construction and maintenance costs associated with various prioritized adaptation strategies, based on unit cost information, to inform the benefit cost analysis (BCA). The results of the data collection and initial analysis will be used to refine a site-specific benefit cost assessment, to evaluate economic and fiscal changes from the baseline case ‘business as usual’ for community/City selected adaptation strategies.
Deliverables:
• Draft technical memo of survey and economic results with maps and tabular data, sent to CCC staff for 6-week review
• Final technical memo of survey and economic results with maps and tabular data incorporating CCC comments as appropriate
• Two (2) presentations to either the Climate Committee, Planning Commission, Forest and Beach Commission or City Council presented by EMC Planning Group or Integral.
Task 4 – Adaptation Pathway Development
Using results of Phase 1 Task 4 (Coastal Hazard and Sea Level Rise Vulnerability, High Priority Adaptation Identification, and Action Plan) and Phase 2 Tasks 1, 2 and 3, develop an adaptation pathway for each of the four sections of the City’s coastline (North Beach, North Dunes, Central Beach, and South Beach) by identifying appropriate adaptation strategies for the short, medium and long term (by time and/or SLR elevation), as well as monitoring triggers for initiating planning steps to move to the next phase of adaptation. This Task will also include engineering cost estimates for potential adaptation pathways, including how to pay for adaptation over time.
Deliverables:
• Short draft technical memo on monitoring needs and adaptation pathway graphics for each section. Cost estimates and funding options for adaptation pathways, sent to CCC staff for 6-week review
Attachment 2
7 • Final technical memo and adaptation pathway graphics, incorporating CCC staff comments as appropriate
• One presentation to either the Climate Change Committee, Planning Commission, Forest and Beach Commission or City Council attended by Integral and EMC.
Task 5 – Revised Coastal Hazard Policies
After identifying triggers and thresholds; develop draft coastal hazards policies based on results of hazard policy review, public outreach, the adaptation feasibility and adaptation pathway development, the socio-economic analysis and the Phase 1 Coastal Engineering and Hazard Assessment. This Phase includes LUP and IP policy drafting and coordination with Coastal and City staff to:
▪ Identify and prepare draft language for Coastal Hazards LCP policy areas updates.
Deliverables:
• 1-2 meetings with California Coastal Commission staff to discuss draft coastal hazard policies and obtain Coastal staff’s guidance on scope and policy priorities for the LCP Amendment.
• Memo identifying draft policy language, sent to CCC staff for 6-week review • Final policy language, incorporating CCC staff comments as appropriate • One presentation to the appropriate City body attended by EMC.
Task 6 – Additional Policy Area Updates
This Task leaves time and budget for amendments to other sections of the LCP, if such amendments become necessary to maintain consistency throughout the entire LCP. For example, new Coastal Hazards policies may trigger inconsistencies with current Public Access or ESHA policies, which would then need to be updated to maintain consistency throughout the LCP. If no additional amendments become necessary, the City will request an informal amendment to reallocate the Task 6 funds within the Budget.
Deliverables:
• Draft LCP amendments in sections of the LCP other than the Coastal Hazards chapter, for 6-week CCC staff review
• Final LCP amendments in sections of the LCP other than the Coastal Hazards chapter, reflecting CCC comments as appropriate
Task 7 – LCP Amendment
Task 7 will be focused on integrating the policies written in Task 5 and Task 6 into the LCP and evaluating programmatic changes, and implementation language and making other necessary amendments to the LCP based on the hazards work completed in the previous tasks. This will result in an updated, uniform, conforming LCP that is internally consistent between all coastal resource policy areas.
Attachment 2
8 This task will result in a final LCP Amendment that focuses on integrating the Coastal Hazard policy updates into other policy area updates, as necessary. This Task will include working with Coastal Commission staff to revise the policies and zoning around the coastal hazards and social vulnerability findings such that future uses are consistent with the City’s LCP policies. Amendments to the Implementation Plan (IP) will be done concurrently with the amendments to the Land Use Plan (LUP), as necessary. Task 7 includes the following:
▪ Preparation of an Administrative and Draft version of the LCP; ▪ Submit draft LCP amendments for Coastal Commission staff review; ▪ Meet with Coastal Commission staff;
▪ Present draft LCP amendments at a public workshop for input and discussion; ▪ Develop revised draft LCP amendments that addresses feedback received to date; ▪ Prepare the Final Coastal Hazards and Sea Level Rise Draft LCP documents (and any associated LCP amendments);
▪ Attend and present at the Planning Commission Hearing (LCP Coastal Hazards and LCP Amendments adoption);
▪ Attend and present at the City Council Hearing (LCP Coastal Hazards LCP and Amendments adoption); and
▪ Attend the Coastal Commission LCP Amendments (Coastal Hazards LCP and Amendments) Certification hearing and assist the City with response to questions, if needed.
Deliverables:
• Administrative draft LCP amendment(s) for City and 6-week Coastal Commission staff review.
• Draft LCP amendment(s) for public review, revised to reflect City and CCC staff comments.
• Local hearing package: Revised draft LCP amendments for adoption consideration; final Coastal Hazards and Sea Level Rise Draft LCP documents
• Up to four (4) meetings with City and Coastal Commission staff to discuss amendments.
• One (1) public workshop to consider draft LCP amendments. • One (1) Planning Commission Hearing.
• One (1) City Council Hearing.
• One (1) Coastal Commission Hearing.
Note: All documents will be produced as electronic format files (Word and Adobe pdf). b. Schedule: Complete the schedule template below for each task and subtask. Please specify dates for the submittal of interim drafts as well as final deliverables as applicable (e.g., Draft Vulnerability Assessment and Final Vulnerability Assessment).
Staff anticipates that these targeted grants will support projects that can be Attachment 2
9 accomplished in approximately two years, though longer project terms will be considered.
Proposed Start/End Dates:
Phase 2. Hazard Policy Review and
Revisions, Outreach, and Adaptation
Pathway Development
Projected start/end dates:
Task 1 Adaptation Feasibility Projected start/end dates: October 1, 2023 – January 31, 2024
Task 2 Public Outreach and Engagement Projected start/end dates: October 1, 2023 – January 31, 2024
Task 3 Socio-economic survey and fiscal
impact analysis
Projected start/end dates: October 1, 2023 –
June 30, 2024
Task 4 Adaptation Pathway
Development
Projected start/end dates: March 1, 2024 –
Sept 30, 2024
Task 5 Revised Hazard Policies Projected start/end dates: April 1, 2024 – Sept 30, 2024
Task 6 Additional Policy area updates Projected start/end dates: April 1, 2024 – January 15, 2025
Task 7 LCP Amendment Projected start/end dates: Sept 1, 2024 – June 30, 2025
a. Benchmark Schedule: Please list (1) all significant and pertinent project benchmarks related to the project for which funds are being requested, (2) expected dates for reaching or completing those steps. These dates will be used in monitoring grant progress and in grant reporting under approved grant agreements.
ACTIVITY COMPLETION DATE
Phase 2, Task 1 January 31, 2024
Phase 2, Task 2 January 31, 2024
Phase 2, Task 3 June 30, 2024
Phase 2, Task 4 September 30, 2024
Phase 2, Task 5 September 30, 2024
Phase 2, Task 6 January 15, 2025
Phase 2, Task 7 June 30, 2025
4. Budget. Please include a task-by-task budget for both County/City staff labor and for potential consultants and/or project partners. Budget detail on sub-tasks is not necessary and budgets may be amended following execution of grant agreements. Note that consultant/partner costs must be listed by task and must include all costs relating to consultant/partner labor, travel, supplies, overhead, etc. If consultants will be hired at a later date, please include a budget estimate per task that can be updated after hiring the Attachment 2
10 consultants. Please note that these non-competitive, rolling grants are intended for projects up to $500,000. Applications for larger grant projects should be reserved for future competitive grant rounds.
Application Budget Information
Funding Request: $ 418,827 Total Project Cost: $ 418,827 Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
LABOR COSTS1
County/City Staff Labor
Task 1 – Project Management $50,000 $ 175,000
(Phase 1)
Total Labor Costs $50,000
DIRECT COSTS
County/City Staff Project Supplies
A
B, etc.
Total N/A
Consultants2/Partners
PH 2- Task 0 Project
Management $ 56,180
PH 2 – Task 1 Adaptation
Feasibility $ 27,260
PH 2 -- Task 2 Public Outreach
and Engagement $ 57,320
PH 2 -- Task 3 Socio-Economic
Analyses
$ 51,850
PH 2 -- Task 4 Adaptation
Pathway Development
$ 87,180
PH 2 -- Task 5 Revised Hazard
Policies
$ 49,740
PH 2—Task 6 Additional
Potential Policy Area Updates $ 35,740
PH 2 – Task 7 LCP
Amendment $ 53,500
Subtotal $ 418,770
1 Amount requested should include total for salary and benefits. 2 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
Attachment 2
11 Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Consultants Expenses
Outreach Platform $ 5,000
Mileage $ 1,165
Cell Phone Data $ 12,000
Production/Misc. $ 1,000
Graphics $500
Subtotal $ 19,665
Total Direct Costs $ 438,435
OVERHEAD/INDIRECT
COSTS3
5% Mark-up4 $ 11,565
Total County/City Staff Overhead/Indirect Costs
TOTAL PROJECT COST $ 500,000
5. Supplementary Information (optional). Additional photos, maps and/or other information may be included as attachments if such materials will help illustrate or support the proposed project. This may include maps or other information identifying disadvantaged and low-income communities within the planning area; maps, photos, or other information regarding project areas identified to be significantly impacted by climate change or sea level rise; brief descriptions or links to previously completed studies or other work upon which the proposed project will build; or letters of support from relevant stakeholders.
Please note: All photos, maps, and additional information submitted is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All items submitted will be considered a public record upon submittal and will be treated in accordance with Public Records Act requirements. Please indicate if credit is requested for any photos and/or maps or documents.
6. Resolution from the Applicant’s Governing Body. Please submit a resolution that contains the following authorizations: 1) authority to submit the proposal, 2) authority to enter into a grant agreement with the California Coastal Commission if the grant is awarded, and 3) designation of the applicant’s authorized representative (name and title). A sample resolution is provided as Attachment A. Resolutions should also contain clear statements of
3 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.”
4 For this proposal, EMC Planning Group has reduced it's standard 10% subconsultant markup of 10% to 5%. The markup does not apply to EMC Planning Group labor costs.
Attachment 2
12 commitment to full completion of the intended grant process, including submission of applicable LCP products (LCP submittal or amendment) to the Commission for review.
SUBMISSION INSTRUCTIONS
Please submit the completed application form, including all attachments, via email to [email protected]. Submit all application materials combined in a single PDF file, AND submit the Project Proposal (including project description, task descriptions, schedule, and budget) as a Word document. See Attachment B for an application checklist. 5 If you are unable to submit via email, you may mail a CD and hard copy to the Coastal Commission at the address below. Please coordinate with Kelsey Ducklow via email prior to mailing hard copy application materials.
Kelsey Ducklow and Carey Batha
California Coastal Commission
455 Market St., Suite 300
San Francisco, CA 94105
[email protected]
[email protected]
Once an application has been submitted, Commission staff will confirm it has been received, and may follow up for clarifications, additional details, or to recommend that an amended application be submitted. The Executive Director will make a final determination on grant awards within 30 days of submittal of a complete grant application. Applicants will be notified of the decision, and staff will provide an update to the Coastal Commission on awarded projects. Projects not awarded funding through the non-competitive program will still be eligible for future competitive grant rounds.
CONTACT INFORMATION
Coastal Commission staff are pleased to assist local governments during preparation of LCP grant applications. Contact information for the LCP Grant Program Team is included below.
Please note that due to the COVID-19 Pandemic, many staff members continue to work from home, so email may be the best way to contact them at this time.
5 Please note: all information that is submitted is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All documents submitted will be considered a public record upon submittal and will be treated in accordance with Public Records Act requirements. Please indicate if credit is requested for any photos and/or maps.
Attachment 2
13 For questions on the overall grant application process, including project eligibility and funding requirements, please contact Kelsey Ducklow at: [email protected] or (415) 904-2335.
Questions regarding specific project proposals should be directed to the LCP grant coordinator for the respective County:
• For Del Norte, Humboldt, Mendocino, Santa Cruz, Monterey, and San Luis Obispo Counties, please contact Awbrey Yost at: [email protected], or call (831) 427-4863.
• For Sonoma, Marin, San Francisco, San Mateo, and Orange Counties, please contact Brittney Cozzolino at: [email protected], or call (415) 904-5271. • For Santa Barbara and Ventura Counties, please contact Karen Vu at:
[email protected], or call (415) 904-5268.
• For Los Angeles and San Diego Counties, please contact Mary Matella at:
[email protected], or call (415) 904-6093
For District-specific questions, contact information for each district office is listed below.
North Coast (Del Norte, Humboldt, Mendocino Counties)
• Shana Gray, Deputy Director: [email protected], (415) 904-5280 • Melissa Kraemer, District Manager: [email protected], (707) 826-8950 North Central Coast (Sonoma, Marin, San Francisco, San Mateo Counties) • Dan Carl, Deputy Director: [email protected], (831) 427-4863 • Stephanie Rexing, District Manager: [email protected], (415) 904-5260 Central Coast (Santa Cruz, Monterey, San Luis Obispo Counties) • Dan Carl, Deputy Director: [email protected], (831) 427-4863 • Kevin Kahn, District Manager: [email protected], (831) 427-4863 South Central Coast (Santa Barbara and Ventura Counties, and the Malibu portion of Los Angeles County)
• Steve Hudson, Deputy Director: [email protected], (805) 585-1800 • Barbara Carey, District Manager: [email protected], (805) 585-1800 South Coast (Los Angeles (except Malibu) and Orange Counties) • Karl Schwing, Deputy Director, Orange County: [email protected], (562) 590-5071
• Steve Hudson, Deputy Director, Los Angeles County: [email protected], (562) 590-5071
• Amber Dobson, District Manager: [email protected], (562) 590-5071 Attachment 2
14 • Shannon Vaughn, District Manager: [email protected], (562) 590-5071 San Diego (San Diego County)
• Karl Schwing, Deputy Director: [email protected], (619) 767-2370 • Diana Lilly, District Manager: [email protected], (619) 767-2370 • Kanani Leslie, District Manager: [email protected], (619) 767-2370 Attachment 2
15 Attachment A: Sample Resolution6
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, (insert name of jurisdiction), has [does not yet have] an effectively certified LCP [or LCP segment]; and
WHEREAS, the (name of jurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP [in whole or in part]; and
[For uncertified areas] WHEREAS, the (name of jurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP and desires to assume permit issuing authority; and WHEREAS, the (name of jurisdiction) commits to and agrees to fully support a planning effort intended to [complete or] amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE IT RESOLVED, that the [name of legislative or policy body], of the [name of jurisdiction], hereby:
1. Directs [name of jurisdiction] staff to submit the grant application package attached hereto as Attachment 1 to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $___________ to fund the project more particularly described in the grant application package.
6 This sample is provided for informational purposes only; please contact your attorney before using this sample.
Attachment 2
16 2. Authorizes the (title of official), of the (name of jurisdiction), to execute, in the name of the (name of jurisdiction), all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.
PASSED AND ADOPTED by the (name of legislative or policy body), of the (name of jurisdiction), on this ____ day of _______________, 2021 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
_____________________________________
Signed:
____________________________________
(name and title of official authorized to sign resolutions of the governing body) Attachment 2
17 Attachment B: Application Checklist
A complete Grant Application Packet includes the following components. Please submit all documents in a single PDF file as well as a Word Document of the Project Proposal details, as noted below. It is very important to receive the PDF file and a Word document for efficiency in preparing grant agreement documents. Thank you for your attention to these important components of the application.
Signed LCP Grant Application Form (.pdf)
Project Proposal (.docx)
o Project Description, Task Descriptions, Schedule, Budget, and Supplemental Information
Signed Resolution (.pdf)
All documents combined into a single PDF file (.pdf)
Attachment 2
18 Attachment C: Program Priorities and Evaluation Criteria Applications for LCP local assistance planning grants will be evaluated for their ability to complete the proposed planning work. Projects selected for funding will be those that best meet the Commission’s adopted program priorities and evaluation criteria, which were updated at the October 2021 hearing to reflect current planning needs. 7 Eligible Grantees and Projects
These grants are intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs, and such local governments must be the primary applicant and grantee. Coastal jurisdictions may also partner together in support of regional planning efforts and/or grant funds may be used to support relevant stakeholder groups to achieve specific project goals. Local governments are eligible to apply for projects that were not previously funded.
Eligible projects are those that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component. Grant funds may be used for technical, economic, policy, and other analyses, feasibility studies, vulnerability assessments, adaptation plans, outreach and coordination efforts, and activities related to LCP adoption and submittal. LCP planning components may include development of a new LCP, a comprehensive LCP update, an LCP amendment (e.g., updates to coastal hazards policies; incorporation of new sea level rise related policies or programs), targeted LCP changes (e.g., changes to LCP policies/zoning to allow for implementation of identified sea level rise adaptation strategies or climate resiliency projects; updates to previously adopted SLR policies in response to continued planning), or similar activities undertaken through a Public Works Plan (PWP) process.
More information on eligible project types is provided in the program priorities and evaluation criteria sections below. Additional details, including project examples, may be provided in forthcoming grant application announcements.
Program Priorities
Applications will be evaluated for their ability to advance coastal resiliency efforts in the context of LCP planning. This may include:
• Completion of technical, economic, policy, or other analyses meant to assist in understanding, planning for, and adapting to climate change and sea level rise, and increasing coastal resiliency, including but not limited to general vulnerability assessments, studies to evaluate impacts based on evolving science (e.g., extreme sea level rise, groundwater change), feasibility and design studies for nature-based adaptation or other specific strategies, and development of monitoring programs
7 See: Recommended Updates to the LCP Local Assistance Grant Program, adopted October 15, 2021.
Attachment 2
19 • Planning work and/or related studies to support development of regional, neighborhood, site, or asset specific adaptation approaches, including phased adaptation/adaptation pathways, such as for a Shoreline Management Plan, a Coastal Hazards Response Plan as required by a Coastal Development Permit, or similar • Planning work and/or focused outreach efforts to increase public awareness and participation in climate change and sea level rise planning activities, particularly among vulnerable communities
• Planning work to address environmental justice concerns, particularly related to climate change and sea level rise planning activities, and to ensure equitable protection of coastal resources and provision of public coastal access and lower-cost recreation for everyone, regardless of race, ethnicity, socio-economic status, or place of residence • Completion of land use plan and/or zoning work to achieve certification of a new Local Coastal Program (or an Area of Deferred Certification) or planning and/or zoning work to significantly update certified LCPs (or LCP segments) in whole or in part to provide for coastal resiliency, or to reflect changed conditions, new information and scientific knowledge, new programs and policies, or other significant changed circumstances Evaluation Criteria
Staff will evaluate grant applications against the following selection criteria. The criteria will be considered as a whole, not weighted.
Public Benefit/Significance
The Commission will consider the extent to which the proposed project will address issues of statewide significance and maximize public benefits of the coast. These can include reducing greenhouse gases and addressing the impacts of climate change and sea level rise; preserving and enhancing coastal habitat; protecting, providing and enhancing public access; protecting priority land uses such as agriculture, coastal dependent development, or recreation; protecting and providing lower cost visitor and recreational opportunities. The Commission will consider the extent to which priority Coastal Act resources are addressed and the public benefits maximized.
Environmental Justice
In 2016, the Legislature passed AB 2616 giving the Coastal Commission explicit authority to consider environmental justice, defined in California Government Code Section 65040.12(e), as updated in 2020, as: “The fair treatment and meaningful engagement of people of all races, cultures, incomes, and national origins with respect to the development, adoption, implementation and enforcement of environmental laws, regulations, and policies.” Lowincome communities, indigenous communities, communities of color, and other marginalized communities often bear a disproportionate burden of pollution or other environmental harms, while suffering from a lack of environmental services, such as clean drinking water, clean air, and access to parks and open space. Addressing these types of disparities and barriers to Attachment 2
20 meaningful involvement is critical for ensuring that Coastal Act goals of protecting coastal resources for all are equitably fulfilled, particularly as climate change results in evolving risks, without creating new or continuing to exacerbate existing environmental burdens in environmental justice communities. The Coastal Commission will consider the extent to which environmental justice issues are addressed when evaluating grant proposals.
Addressing the Effects of Climate Change
Climate change is one of the most significant policy areas to emerge since many of the LCPs have been certified. The Commission is seeking LCP updates and amendments that address the effects of climate change, including land use, housing, transportation, and habitat restoration and conservation policies that facilitate reductions in greenhouse gases and vehicle miles traveled, as well as the planning and implementation of strategies to adapt to sea level rise and other issue areas affected by climate change, such as changes in habitats and fire hazards.
Relative Need for LCP Update
Related to the public benefits of a proposal, the Commission will consider the relative need for an LCP update, considering the length of time since an LCP or LCP segment has been updated and the significance of the issues proposed to be updated. For example, many jurisdictions seek to assess vulnerability and develop adaptation solutions to address sea level rise, fire, or other climate change impacts to critical infrastructure, residential areas, recreational amenities and open space, or significant wetland and habitat areas. Others have identified needs to reduce vehicle miles traveled, encourage smart growth, increase climate-resilient housing supply, improve public transit, and enhance pedestrian and bicycle options, particularly to and along the coast. A proposal to complete technical studies, economic analyses, mapping, public outreach, and development of LCP policies in support of these options may be important.
Likelihood of Success/Effectiveness
Overall, the success of the Commission’s grant program will be measured by the progress made toward development and implementation of climate resilience strategies, including through LCP certification, update, or amendment. The Commission will consider the likelihood of success of each proposal, including evaluating the practicality, feasibility, and effectiveness of a proposed work program that may lead to successful implementation. Proposals must address the need for coordination with the public and the Commission, and provide for practicable benchmarks for development and review of studies, plans, LCP policies, and other project-specific deliverables.
Other evidence in support of this criteria may include resolutions of intent and endorsement for the proposed work from the jurisdiction and other organizations, matching funds, or other complementary efforts (see below), or other factors that may affect the likelihood that an LCP amendment will be successfully completed. Applicants will be asked to describe any LCP planning work that has been initiated or is already underway at the local level and how this grant program is needed to substantially further that effort. A resolution from the applicant Attachment 2
21 committing to completing an LCP Amendment submittal to the Commission will be required as part of the application.
For new LCP development, the local government should demonstrate its willingness and capacity to assume local coastal development permit processing. Relatedly, some areas of the coastal zone remain uncertified because the Commission and local government have been unable to reach agreement on the resolution of issues or the issue is particularly intractable.
The Commission will consider the likelihood that such areas and specific policy questions can be successfully addressed, leading to certification of the area.
Project Integration/Leverage/Matching Funds
The Commission will consider the relationship of the LCP work program to other planning work being undertaken by the jurisdiction. There are several statewide grant programs underway which may positively integrate with this LCP Planning Grant program. Applicants will be asked to describe any other related grant awards (such as through past Coastal Commission grant rounds, or from the Ocean Protection Council, Coastal Conservancy, Caltrans, or the Strategic Growth Council) that may support the LCP planning work. The Commission will consider the ability to integrate and leverage any additional program funds available that could help support LCP certification, update, or amendment.
Attachment 2
Grantee
LCP-22-##
EXHIBIT B1
BUDGET DETAIL AND PAYMENT PROVISIONS
(Local Coastal Programs)
1. Request for Funds
A. For performance of activities satisfactorily rendered during the term of this Agreement (as specified in EXHIBITS A and B), and upon receipt and approval of the Request for Funds Form described below (also referred to as the “RFF Form”), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto.
B. Grantee shall submit each RFF form no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly (assuming activity occurred within that quarter) in arrears via email to your LCP grant coordinator or mailed in triplicate to:
California Coastal Commission
Attn: [Your LCP Grant Coordinator]
Statewide Planning Division
725 Front Street, Suite 300
Santa Cruz, CA 95060
C. Each RFF form shall contain the following information:
1. Grantee’s name and address as shown in this Agreement.
2. Invoice number and date of the RFF
3. Time period covered by the RFF form during which work was actually done.
4. Agreement number as shown on this Agreement.
5. Original signature of the Grantee, specifically the Project Representative, as identified in EXHIBIT A.
6. Itemized costs by tasks and source of funds as listed in the Scope of Work for the billing period in the same or greater level of detail as indicated in the Project Budget (see EXHIBIT B), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed.
7. Remaining balance listed by task number from the Scope of Work including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement.
8. The total amount of all other funds, including matching funds, under the Grantee Matching Funds section of the RFF.
Attachment 3
Grantee
LCP-22-##
EXHIBIT B1
D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the current status of the work for which disbursement is sought, including work by any consultant, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). Progress reports must be submitted no less frequently than on a quarterly basis, even if an RFF is not submitted.
E. Notwithstanding the foregoing, the Grant Manager of the Commission may request, and the Grantee shall provide, receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement.
F. The Grantee’s failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies.
G. Any RFF form that is submitted without the required itemization and documentation will be considered “disputed” and will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Grantee and will withhold payment until all required information is received or corrected. In the case of non-compliance, the Commission will issue a formal Invoice Dispute Notification [STD (209)] and take necessary action in resolving any disputed matter(s). Any penalties imposed on the Grantee by a consultant, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
H. Grant Funds in this award have a limited period in which they must be expended.
Grantee expenditures funded by the Commission must occur within the term of the Grant Agreement and before the Termination Date.
I. The Grantee shall expend Grant Funds in the manner described in the Scope of Work and Project Budget approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent with prior approval by the Commission Grant Manager, provided the grantee first submits a revised Project Budget for the purpose of amending the Project Budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement and only if approved by the Commission.
2. Budget Contingency Clause
A. It is mutually agreed that if the final Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the Grant Program, this Agreement shall be of no further force and Attachment 3
Grantee
LCP-22-##
EXHIBIT B1
effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Grant Program, the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq.
Attachment 3
Grantee
LCP-22-##
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the California Coastal Commission. Grantee may not commence performance until such approval has been obtained.
2. AMENDMENTS: This Agreement may only be amended by mutual agreement in writing between Grantee and the Commission. Any request by the Grantee for an amendment must state the amendment request and reason for the request and shall be submitted in writing, such as by email or letter. The Grantee shall strive to make requests immediately upon discovering that an amendment may be needed. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties.
Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work (EXHIBIT A) and Project Budget (EXHIBIT B) approved by the Commission. In any event, the total amount of the Grant Funds may not be modified, except by written amendment to this Agreement. Any subsequent changes or additions to the Scope of Work and Project Budget approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. Changes to the grant term and/or the total amount of Grant Funds will require a formal amendment, while changes to Scope of Work (EXHIBIT A) and the Project Budget (EXHIBIT B) may be done through an informal amendment, found in EXHIBIT F.
3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the Commission in the form of a formal or informal written amendment.
4. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all consultants, subconsultants, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
5. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute.
6. NO CREATION OF AGENT RELATIONSHIP: Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
Attachment 3
Grantee
LCP-22-##
EXHIBIT C
7. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its consultants, subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and consultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Grantee and consultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its consultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
8. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained in the document GCC-1/2019 are hereby incorporated by reference and made a part of this Agreement (EXHIBIT E) by this reference as if attached hereto.
9. TIMELINESS: Time is of the essence in this Agreement.
10. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall be in compensation for all of Grantee's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
11. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
12. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if services or goods are obtained through a public purchase by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
Attachment 3
Grantee
LCP-22-##
EXHIBIT C
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
13. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
Attachment 3
Grantee
LCP-22-##
EXHIBIT C
b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
14. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
15. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
16. AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING: Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in EXHIBIT C, hereto, for the Project and shall make them available to the State or the Commission for auditing, inspecting and copying at reasonable times.
Grantee agrees to allow the auditor(s) to interview any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896). Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit unless a longer period of records retention is stipulated. The documents for audit should be retained onsite.
Grantee shall use applicable Generally Accepted Accounting Principles published by the American Institute of Certified Public Accountants.
If Grantee stated in the Project Budget that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in-kind funds on a regular basis and will make the documentation available to the Commission upon request.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D
Special Terms and Conditions
1. PROJECT EXECUTION:
A. Grantee shall complete the Project before the Termination Date.
B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $##,### (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.
C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to EXHIBIT A and the Project Budget pursuant to EXHIBIT B. Changes in the Scope of Work or Project Budget must continue to ensure timely and effective completion of the Project, including where applicable a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work or Project Budget on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work or Project Budget shall require an amendment to this Agreement (see “Amendments” under EXHIBIT C).
D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.
E. As applicable, Grantee shall ensure that Project work excludes any and all Project work that was funded through previously awarded grants or the matching funds identified through previously awarded grants so as to ensure that current grant funding is not duplicative of previous grant funding. Such grants include, but are not limited to, WHALE TAIL® Grants, grants previously awarded by the Coastal Commission, grants awarded by the Ocean Protection Council as well as grants awarded by the State Coastal Conservancy.
F. Final invoicing shall be submitted promptly following the termination date of the grant or upon a date mutually agreed upon by the Grantee and the Grant Manager.
G. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, the California Coastal Act, health and safety codes, and disabled access laws.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D
2. POTENTIAL CONSULTANTS/CONTRACTORS
Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any consultants, and no contract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its consultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its consultants is an independent obligation from the Commission’s obligation to make payments to the Grantee. As a result, the Commission shall have no obligation to pay or to enforce the payments of any moneys to any consultants.
The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations for the benefit of the Commission and its funding sources as described in EXHIBIT C (“General Terms and Conditions”) and EXHIBIT D/D1/D2 (“Special Terms and Conditions”) of this Grant Agreement.
If all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, prior to executing an agreement for services, the Grantee shall inform the Grant Manager of the selection of the third party.
Grantees seeking subcontractors under this Agreement to perform any services exceeding the cost of $10,000.00 shall select those contractors pursuant to a process that seeks three competitive quotations or adequate justification for the absence of bidding.
All consultants and subcontractors are subject to all terms and conditions of this agreement in accordance with the California State Contracting Manual. Consultants seeking travel reimbursement see “Travel Reimbursement” clause below.
3. TRAVEL REIMBURSEMENT
The Commission will reimburse travel and related expenses at actual costs not to exceed the State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations. Grantees may seek reimbursement for any travel expenses that are in excess of these state rates, but only if the Grantee has received prior written approval of the Commission’s Chief Deputy Director or his/her designee permitting the expenses in excess of state rates on the basis that state rates were not reasonably available. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. Receipts will be required for all travel related reimbursements. All travel costs are inclusive within the budgeted amount referenced in this Agreement. Grantees shall ensure that travel and related expenses, including Grantee’s consultant and subconsultant travel and related Attachment 3
Grantee
LCP-22-##
EXHIBIT D
expenses, submitted to the Commission for reimbursement, do not exceed the State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations, unless prior written approval permitting the expenses to be in excess of state rates was obtained, as noted above.
4. PROPERTY PURCHASED
The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e., is either fully distributed, damaged, worn-out, or becomes obsolete).
Grantees shall receive prior authorization in writing by the Commission before reimbursement for any purchase order or subcontract exceeding $10,000.00 for any articles, supplies, equipment, or services. The contractor shall provide in the request for authorization all particulars necessary for evaluation of the necessity or desirability of incurring such cost and the reasonableness of the price or cost.
5. SETTLEMENT OF DISPUTES
If the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the Commission’s Grant Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:
If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought.
Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or his/her designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final.
6. WAIVER AND RELEASE
Grantee hereby waives all claims and recourses against the Commission, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except for claims for reimbursement of costs due under this Agreement, recovery of which shall be limited to the total amount properly incurred hereunder and in no event exceed the total amount of Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D
7. REALLOCATION OF FUNDS
If Grantee fails to meet the performance criteria and/or Benchmarks in this Agreement, the Executive Director or his designee may immediately upon written notice cancel this Agreement or request to amend the Agreement, and as feasible, re-allocate any unspent funds to one or more of the other approved Grantees that needs additional funding or whose grant was not fully funded.
Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner, the Executive Director or his designee may, upon Commission approval, reallocate funds to supplement an already awarded grant.
8. SURVIVAL
The obligations in the “INDEMNIFICATION” and “AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING “clauses of the General Terms and Conditions (EXHIBIT C), and in the “ACKNOWLEDGMENT” and “WORK PRODUCT” clauses in the Special Terms and Conditions (EXHIBIT D1), as well as any other provisions in this Agreement that by their nature are intended to survive termination or expiration, shall survive the termination of this Agreement.
9. WAIVERS GENERALLY
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party.
10. EXECUTIVE DIRECTOR’S DESIGNEE
The Executive Director shall designate a Commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect to this Agreement.
Grantee shall be notified of such designation in writing.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
Local Coastal Program (LCP) Terms and Conditions
Definitions
1. The term “Benchmark”; specific tasks or project deliverables identified in the Scope of Work as approved by the Commission.
2. The term “Disadvantaged Community” refers to communities identified by the California Environmental Protection Agency as the top 25% most impacted census tracts in CalEnviroScreen 4.0, a screening tool used to help identify communities disproportionally burdened by multiple sources of pollution and with population characteristics that make them more sensitive to pollution.
3. The term “General Fund” or the acronym “GF” all refer to the General Fund.
4. The term “LCP” refers to Local Coastal Program.
5. The term “Local Coastal Program Local Assistance Grant Program” refers to the Coastal Commission’s grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. CA Code of Reg.
Title 14 Division 5.5 Ch. 8 Sub. 2
6. The term “Low-Income Community” refers to communities and households that are found within census tracts and households, respectively, that are either at or below 80 percent of the statewide median income, or at or below the threshold designated as low-income by the California Department of Housing and Community Development’s adopted list of state income limits.
7. The term “Materials”; all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement and are identified as “deliverables” in the Scope of Work of this Grant Agreement.
8. The term “Other Sources of Funds”; cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement.
9. The term “Pooled Money Investment Account” (PMIA) refers to the account through which the State Treasurer invests taxpayers’ money to manage the State’s cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money Investment Account serves as a benchmark for setting interest rates in several provisions of state law, and is the rate that is used for purposes of this Agreement. GC Title 2. Government of the Statute of CA [8000- 22980], Division 4. Fiscal Affairs [16100-1777], Part 2. State Funds [16300-16649.95], Ch. 1.16314 Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
10. The term “Request for Funds Form” or “RFF Form”; the form that will be submitted requesting payment and which is described in EXHIBIT B1.
11. The term “Round 1” refers to the Commission’s first round of LCP grant funding that commenced in Fiscal Year 2013-2014 under the Local Coastal Program Local Assistance Grant Program.
12. The term “Round 2” refers to the Commission’s second round of LCP grant funding that commenced in Fiscal Year 2014-2015 under the Local Coastal Program Local Assistance Grant Program.
13. The term “Round 3” refers to the Commission’s third round of LCP grant funding that commenced in Fiscal Year 2016-2017 under the Local Coastal Program Local Assistance Grant Program.
14. The term “Round 4” refers to the Commission’s fourth round of LCP grant funding that commenced in Fiscal Year 2017-2018 under the Local Coastal Program Local Assistance Grant Program.
15. The term “Round 5” refers to the Commission’s fifth round of LCP grant funding that commenced in Fiscal Year 2018-2019 under the Local Coastal Program Local Assistance Grant Program.
16. The term “Round 6” refers to the Commission’s sixth round of LCP grant funding that commenced in Fiscal Year 2019-2020 under the Local Coastal Program Local Assistance Grant Program.
17. The term “Round 7” refers to the Commission’s seventh round of LCP grant funding that commenced in Fiscal Year 2021-2022 under the Local Coastal Program Local Assistance Grant Program.
18. The term “Round 8” refers to the Commission’s eighth round of LCP grant funding that commenced in Fiscal Year 2022-2023 under the Local Coastal Program Local Assistance Grant Program.
19. The term “Sea Level Rise Guidance” refers to the Coastal Commission’s Sea Level Rise Policy Guidance document adopted in August 2015 and updated in 2018. The document provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
LCP Terms and Conditions
1. PURPOSE OF GRANT FUNDING
Grant funds shall be used to fulfill the goals of the California Climate Investments program, including planning for strategies to reduce greenhouse gas emissions, adapt to the impacts of climate change, and maximize benefits to disadvantaged and lowincome communities.
2. ACKNOWLEDGEMENT
In order to acknowledge the Commission’s support of the project, the Commission’s name and logo shall be included in a prominent location in all materials related to the LCP Grant Project, including, but not limited to: Grantee reports or website postings about the grant program; draft and final work products, such as vulnerability assessments, adaptation plans, land use plans and implementation plans; and public outreach-related materials, including workshop announcements, press releases, contacts with the media, signage, invitations, and other media-related and public outreach products. Less formal materials, such as stakeholder participation rosters and outreach agendas, do not need to include acknowledgement of Commission support.
The Grantee shall include in any agreement with any consultant or subconsultant under the LCP Grant Program terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission as third-party beneficiaries of those provisions. The Commission shall have the right to republish any material generated as a result of this Agreement.
3. WORK PRODUCT
It shall be the Commission’s Grant Manager’s sole determination as to whether grant materials (i.e., project deliverables in Scope of Work) have been successfully completed and are acceptable to the Commission. The Commission reserves the right to withhold reimbursement under the REIMBURSEMENT clause for materials deemed incomplete or substandard. For materials that constitute LCPs, including Land Use Plans and Implementation Plans, the standard of review in determining whether a LCP is successfully completed and acceptable as a work product under the Scope of Work of this Grant Agreement, is the Coastal Act.
The Grantee agrees that all materials are subject to the unqualified and unconditional rights of the Commission as set forth in this section. The Commission shall have the right to reproduce, publish, display and make derivative use all such work, or any part thereof, free of charge in any manner and for any purposes whatsoever and to authorize others to do so. If any of the work material is subject to copyright, trademark, service mark, or patent, the Commission is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense.
Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted (including use of the work produced under this Agreement for any profit-making venture, or the sale or grant of rights thereto for that purpose) except as otherwise agreed to in an Amendment.
Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public request. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency if the successor Public Agency assumes the obligations imposed by this Agreement.
If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the Commission’s sole discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee.
The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission as a third-party beneficiary of those provisions.
Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of reports, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project.
4. PUBLIC ENGAGEMENT and TRIBAL CONSULTATION
Public outreach shall target all interested members of the public, including visitors and other non-residents to the maximum extent feasible for the purpose of meaningful engagement in policy development, technical studies, and other tasks conducted pursuant to the grant Project. All public outreach activities related to the Project shall, to the maximum extent feasible, proactively engage those who already face disproportionate environmental burdens or vulnerabilities to environmental hazards, and/or those who come from communities of existing social inequalities, including members of the public and organizations from the following communities:
disadvantaged communities, communities of color and/or low income, communities with low capacity to adapt to climate change, and communities not in close proximity to the shoreline but who visit and recreate there. Outreach activities shall seek to provide maximum opportunities for these groups to engage with and provide input on the tasks Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
of the Project. Grantees shall also seek to engage with California Native American Tribes in line with the Coastal Commission’s Tribal Consultation Policy (adopted August 2018).
5. REIMBURSEMENT
Complete reimbursement of Task funds under this Agreement will be dependent upon successful completion of the Task deliverable(s) of this Agreement. Grantee agrees that up to 20% of each Task and the total Task Budget hereunder may not be reimbursable until each Task and all final Task deliverables have been completed, delivered by the Grantee to Commission Staff, and accepted by the Commission’s Grant Manager.
6. DIGITAL AND PAPER SUBMITTAL OF MATERIALS
Prior to the Executive Director’s determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a grant-funded LCP project, grantees shall submit LCP documents and maps in both paper and editable digital format to the Coastal Commission.
7. INSURANCE
Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or consultants associated with the Project undertaken pursuant to this Agreement.
If the Grantee provides funds to any consultants to accomplish any of the work of this Agreement or provides grant funds to any contractor to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each consultant requiring it to obtain and maintain liability and property-damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the consultant, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the consultant may satisfy the coverage required by this section in whole or in part through its participation in a “risk management” plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the consultant under the approved Scope of Work.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
1. Insurance Services Office (“ISO”) Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement.
2. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).
3. Workers’ Compensation insurance as required by the Labor Code of the State of California.
B. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
1. General Liability:
(Including
operations,
products and
completed
operations, as
applicable)
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to the activities under this Agreement or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile
Liability:
$1,000,000 per accident for bodily injury and property
damage.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director.
D. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions:
1. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations.
2. For any claims related to this Agreement, the Grantee’s insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees.
3. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
E. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Commission and approved in writing by the Executive Director.
F. Verification of Coverage. The Grantee shall furnish the Grant Manager with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager within 30 working days from the start date of the Grant Project. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.
G. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy
8. COASTAL COMMISSION SEA LEVEL RISE GUIDANCE
Grantees shall use the Commission’s Sea Level Rise Policy Guidance, Critical Infrastructure Guidance, Local Government Working Group Baseline SLR LCP policies, and other information to inform the development of sea level rise impact assessments, vulnerability assessments, and LCP Land Use Plan and Implementation Plan completion or updates.
9. VULNERABILITY ASSESSMENTS and ADAPTATION PLANNING
In addition to the general recommendations contained within the Commission’s Sea Level Rise Policy Guidance, and unless otherwise provided in the Scope of Work of this Agreement, vulnerability assessment and adaptation planning work shall include: (1) analysis of storm and non-storm scenarios, including maximum daily and annual tidal inundation, (2) assessment of sea level rise vulnerability with and without key development that is currently vulnerable and/or protected by a revetment, such as Highway 1, railroad tracks, and/or a row of residences, (3) anticipated changes in beach width and other habitat areas under future sea level rise scenarios, (4) evaluation of the feasibility and effectiveness of various protection, accommodation, and retreat strategies, including nature-based adaptation strategies like living shorelines, sediment management, and beach nourishment,(5) evaluation of sea level rise vulnerability of existing and planned segments of the California Coastal Trail, (6) incorporation of the subject of environmental justice by, to the extent feasible, analyzing the differential impacts of sea level rise upon various demographics and community groups, and (7) consideration of the latest reports on sea level rise science and recommendations from the state of California, including Rising Seas in California (Griggs et al. 2017), the most recently adopted update to the State Sea-Level Rise Guidance, and the most recent version of the Safeguarding California Plan. Scenarios analyzed should include Medium-high Risk Aversion and Extreme Risk Aversion scenarios per the Commission’s Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
Sea Level Rise Policy Guidance and the State Sea-Level Rise Guidance recommendations to aid in planning and understanding the worst-case scenario for projected time horizons.
10. COORDINATION OF SEA LEVEL RISE PLANNING WORK
Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level rise projects within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Entities working on sea level rise projects include, but are not limited to, the State Coastal Conservancy, the Ocean Protection Council, The Nature Conservancy, NOAA, and USGS. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned as well as consideration of regional adaptation policies, and development of LCP policies.
11. TERMINATION
Except as otherwise set forth in this Agreement, this Agreement may be terminated or suspended (a) by the Commission for any reason upon thirty (30) days prior written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the Commission subject to the approval of the Commission in its sole discretion, and (c) immediately upon written notice by either party “for cause”. The term “for cause” shall mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement.
In the event of a termination or suspension, the Grantee shall immediately stop work and take all reasonable measures to prevent further costs requiring reimbursement by the Commission. The Commission shall then only be responsible for any reasonable and non-terminable obligations incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate or suspend, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination.
On or before the date of termination of this Agreement, whether terminated by the Grantee or the Commission, the Grantee shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form.
The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement.
Attachment 3
Grantee
LCP-22-##
EXHIBIT D1
The Grantee shall include in any agreement with any consultant retained for work under this Agreement a provision that entitles the Grantee to immediately suspend or terminate the agreement with the consultant for any reason on written notice.
Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause irreparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission.
Attachment 3
Grantee
LCP-22-##
EXHIBIT F
CERTIFICATION (GCC-1/2019)
The Grantee’s signor CERTFIES UNDER PENALTY OF PERJURY that they are duly authorized to legally bind the Grantee to the clauses below. This certification is made under the laws of the State of California.
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the Coastal Commission determines that any of the following has occurred: (1) the Grantee has made false certification, or (2) violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court which orders Grantee to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.)
Attachment 3
Grantee
LCP-22-##
EXHIBIT F
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.
Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to Grantee records, documents, agents or employees, or premises if reasonably required by authorized officials of the Coastal Commission, the Department of Industrial Relations, or the Department of Justice to determine Grantee compliance with the requirements under paragraph (a).
Attachment 3
Grantee
LCP-22-##
EXHIBIT F
7. DOMESTIC PARTNERS: For Grantee Agreements of $100,000 or more, Grantee certifies that the Grantee and/or its subcontractors/consultants are in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For Grantee Agreements of $100,000 or more, Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410)
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent Grantee with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the agreement while employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420)
Attachment 3
Grantee
LCP-22-##
EXHIBIT F
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the Coastal Commission will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. The Coastal Commission will determine whether a corporation is in good standing by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated Attachment 3
Grantee
LCP-22-##
EXHIBIT F
by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other government entity Attachment 3
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 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 2023-082, rejecting all bids received for four Facility Renovation Projects, and directing staff to evaluate alternative contracting methods before re-advertising for bids
RECOMMENDATION:
Adopt Resolution 2023-082, rejecting all bids received for four Facility Renovation Projects, and directing staff to evaluate alternative contracting methods before re-advertising for bids.
BACKGROUND/SUMMARY:
In June 2022, Council adopted Resolution 2022-048 approving the Capital Improvement Program (CIP) Budget for Fiscal Year (FY) 2022/23, which included six (6) Facility Renovation Projects described below.
All funded by Measure C, the initial budget for these projects was $715,000.
These six facility renovations were bundled into one design and construction project with the intent that a larger, all facility maintenance-oriented project would attract more construction contractors, be more costeffectiveness due to economies of scale, and be more efficient for our consultants, contractors, and staff by having to manage one consolidated construction contract rather than four or more separate contracts.
City Hall Roof Replacement: The City Hall roof was last replaced in 1984 and is well past its warranty. Roof leaks have been increasing as the roof progressively deteriorates. The Project was initially funded with $100,000.
Sunset Center Hazardous Materials Abatement and Exterior Painting: The exterior of the historic Sunset Center has not been painted in many decades. Prior to painting, lead paint must be remediated. An initial budget of $150,000 was established with the understanding that future project phases would be necessary.
Sunset Center Cottage Window Repairs: This project would remediate asbestos and lead paint around the windows of the historic Sunset Center Cottages, and repair these imminently-failing windows. The project budget was set at $105,000.
Harrison Memorial Library Renovations Exterior and Interior Painting: A City investment of $100,000 to paint the exterior of the library, plus $100,000 to paint the interior, (combined $200,000) was established to satisfy the City’s deferred and ongoing maintenance obligation for this historic building. This was planned to inspire private donations associated with a separate, longer-range Libraries Master Planning initiative and future renovations.
Harrison Memorial Library – Carpet Replacement: An initial budget of $100,000 was established to replace the carpeting. During design development of this project, it became clear from the Libraries Master Plan Project, that it would be prudent to defer carpet replacement until the larger renovation projects and phases were developed.
Harrison Memorial Library – IT Backup Generator: A budget of $60,000 was established to install a new generator to backup essential IT servers in the basement of the library. Several alternatives were evaluated before it was determined that the project would be infeasible from a Building Code perspective without significant impacts to the Library and/or much higher costs.
In August 2022, Council adopted Resolution 2022-065, awarding a Professional Services Agreement to Ausonio, Inc. for Project Management services for nine facility renovation projects, including these six projects. In February 2023, Council adopted Resolution 2023-041, approving Amendment No. 1 to the Professional Services Agreement with Ten Over Studio to design five of these projects for a fee of $78,900.
In June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 prior FY CIP projects, including the remaining Facility Renovation Projects with a carryover budget at $649,000, and approving a new CIP Contingency Fund with a budget of $500,000 to cover anticipated shortfalls due to rising construction costs.
In July 2023, Council adopted Resolution 2023-073 approving Amendment No. 1 to the Professional Services Agreement with Ausonio for a FY 2023/24 fee of $125,000, to continue to implement these, and other, facility renovation projects.
Project Development and Bidding Results:
The design plans and technical specifications for the initial six, and remaining four projects, were prepared by Ten Over Studio. M3 Environmental performed hazardous materials sampling and laboratory testing, and prepared remediation specifications. A local craftsman was hired to disassemble and reassemble one Cottage window to better understand exactly how they were assembled. Ausonio provided day-to-day project management, checked plans, assembled contract documents, and led the public bidding process.
Historic evaluations were performed for the City Hall Roof and Cottage Windows by Planning staff and an historic preservation consultant. Representatives of Sunset Center, Library, Planning, Building, Facility Maintenance, Public Works, and IT were also very involved with project development. Finally, the project was deemed to be Building Permit-ready, and the Project was approved for construction.
The Project was extensively advertised for construction bids. Notices were published twice in the Carmel Pine Cone and Monterey County Weekly. Notices were also posted on the Central Coast Builders Association website, other public purchasing websites, and the City’s website. In addition, courtesy calls/emails were made to 38 building contractors, including painting, roofing, carpentry, and hazardous material abatement specialists.
On August 1
st
, 14 contractors attended the pre-bid meeting and toured all four facilities. A Public Bid Opening was held on August 22, 2023, at which time two bid proposals were received and read aloud. The table below includes the key results:
No. Project Element
Pro-Ex
Construction
Commercial
Solutions Group
1 City Hall Roof Replacement $365,970 $631,171
2 Sunset Center Painting 246,696 194,268
3 Cottage Windows 213,345 145.393
4 HML Exterior Painting 200,956 158,909
5 HML Interior Painting 90,000 95,042
6 Hazardous Materials Testing 52,800 31,775
7 Mobilization and Misc. 104,250 64,692
Total $1,274,017 $1,321,250
When the project was advertised for bids, the construction cost estimate was $675,000, approximately half the cost of these bids. While both bid proposals were responsive, certain bid prices in both bids are unreasonable. With additional funding, Council does have the option to award the project to the low bidder, Pro-Ex Construction, but due to the high bids, staff is recommending that both bids be rejected.
Bid Evaluation:
Ausonio and staff are currently scrutinizing these bid prices to gain a better understanding of why such high bids were proposed, and to consider potential cost-cutting measures prior to re-advertising for bids. The following lists the preliminary results of this exercise.
1. The project was bid in the summer. Contractors in our region are already very busy and may not be aggressively seeking more jobs. Bidders may be more inclined to “sharpen their pencils” in the off season when there is less work.
2. There is a construction labor shortage in our region, and in most areas of California. Contractors are paying increasingly higher wages to retain crews.
3. Material prices continue to escalate due to inflation and supply chain issues.
4. While there were many subcontractors at the pre-bid meeting, a majority were painters. Only three general contractors attended the pre-bid, and two submitted bids. We need to attract more general contractors or split the project out to allow painters and roofers to directly bid those portions.
However, the downside of splitting projects would be more funds needed for project management and architectural consultants, as well as a longer timeline to execute all projects.
5. For example, the City Hall roof replacement project budget was based on a preliminary quote we received less than two years ago for under $100,000. We will consider extracting the roof as a standalone project to seek more competition directly from roofing contractors and cut out the general contractor’s overhead costs.
6. The City Hall roof bid was based on upgraded, cedar shingles with alternates to compare with less-costly composition shingles. However, the bidders did not provide reasonable cost reductions for the composition roof, and, in fact, one bidder actually increased their bid using the less costly roofing materials. When re-bid, only composition shingles should be specified.
7. We have reason to believe that at least two quotes submitted by specialty subcontractors, such as for painting Sunset Center’s north wing and the City Hall roof replacement, may have been marked up substantially by the general contractors.
8. During the pre-bid meeting, several contractors expressed concerns that all of the buildings were historic and would be occupied during the work. Phasing the work with reduced occupancy where feasible should be considered.
9. The City should remove the hazardous materials testing and reporting duties out of the bid documents, and hire a qualified consultant directly to reduce general contractor markups.
10. The contract documents and specifications manual were complete and met the City, architects, and industry standards, but was an onerous 407 pages long. Ausonio and staff should remove every general and special conditions that is not essential to achieving a high-quality end product.
FISCAL IMPACT:
Council initially appropriated $715,000 for these projects in FY 2022/23 with $649,00 carried over into the FY 2023/24 CIP. The total project development costs expended and encumbered to date for these projects, excluding construction, are listed below.
No. Company Services Cost
1 Ausonio, Inc.
Project Management, Contract
Documents, and Permitting
$85,750
2 Ten Over Studio
Architectural Design
Plans and Specifications
$78,900
3 M3 Environmental Hazardous Materials Testing
and Specifications
$7,166
4 Meg Clovis
Historical Evaluation –
Cottage Windows
$1,000
Total Project Development Cost $172,816
The FY 2023/24 CIP also included a Contingency Fund, with an initial budget of $500,000, to pay for carryover capital projects that have become costlier to execute. An allocation of $42,378 was previously approved for the recent Mission Trail Nature Preserve Tank/Pump House/Well Removal contract leaving a contingency balance of $457,622. Since there are a number of other construction bids coming in in the near future, using up this entire contingency balance for construction of this one project is not recommended.
The maximum combined amount that could be available to award this construction contract would be the $715,000 initial project budget plus the full, $457,622 contingency balance, less the total project development costs of $172,816, totaling = $999,806. Even at this upper budget limit, the low bid is out of reach without an additional General Fund allocation of $274,211, plus another, say 5%, or $63,700, for construction contingencies, for a total of $337,911.
Original Project funding, plus the Contingency Fund, are both in CIP Account Number 301-311-00-43008.
Budgets for these construction projects will likely need to be increased with the Mid-Year Budget Adjustment process, or sooner, to more accurately reflect the adjusted cost estimates and/or bids available at that time.
PRIOR CITY COUNCIL ACTION:
In June 2022, Council adopted Resolution 2022-048 approving the CIP for FY 2022/23, which included six Facility Renovation Projects.
In August 2022, Council adopted Resolution 2022-065, awarding a Professional Services Agreement to Ausonio for Project Management services for nine facility renovation projects. In February 2023, Council adopted Resolution 2023-041, approving Amendment No. 1 to the Professional Services Agreement with Ten Over Studio to design five of these projects for a fee of $78,900.
In June 2023, Council adopted Resolution 2023-067 approving the carry-over of 25 prior FY CIP projects, including the remaining Facility Renovation Projects with a carryover budget at $649,000, and approving a new CIP Contingency Fund with a budget of $500,000 to cover anticipated shortfalls due to rising construction costs.
In July 2023, Council adopted Resolution 2023-073 approving Amendment No. 1 to the Professional Services Agreement with Ausonio for a FY 2023/24 fee of $125,000, to continue to implement these, and other, facility renovation projects.
ATTACHMENTS:
Attachment 1) Resolution 2023-082
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
REJECTING ALL BIDS RECEIVED FOR FOUR FACILITY RENOVATION PROJECTS AND DIRECTING STAFF TO EVALUATE ALTERNATE CONTRACTING METHODS BEFORE READVERTISING FOR BIDS WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving 25 carry-over Capital Improvement Program projects, including four facility renovation projects that were designed in FY 2022/23 but not yet constructed, with a budget of $649,000; and WHEREAS, plans and specifications were prepared for the following four projects that were packaged together for efficiency and cost-effectiveness: City Hall Roof Replacement, Sunset Center Hazardous Materials Remediation and Exterior Painting of the North Wing, Sunset Center Cottage Window Repairs, and Harrison Memorial Library Hazardous Materials Remediation and Exterior and Interior Painting; and
WHEREAS, despite extensive advertising for bids and having 14 contractors attend the pre-bid meeting and tour these facilities, only two bids were received from general building contractors at the Public Bid Opening held on August 22, 2023, and WHEREAS, although both bid proposals were responsive, the bid prices were $1,274,017 and $1,321,250, nearly twice the project team’s cost estimate of $675,000, well above available funding, and, in some cases, unreasonably high costs for individual project components; and WHEREAS, the consulting project managers, architect, and staff will evaluate these bid results, scrutinize the contract documents, and develop alternative contracting methods including, but not limited to, breaking the project into component roofing, painting, and carpentry contracts, before the projects are re-advertised for bids.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Reject all bids received for the four Facility Renovation Projects and direct staff to evaluate alternative contracting methods before re-advertising for bids.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
________________________ __________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 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 2023-083, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with BKF Engineers for the Concrete Streets Repair Project, for a not-to-exceed fee of $49,092 RECOMMENDATION:
Adopt Resolution 2023-083 authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with BKF Engineers for the Concrete Streets Repair Project, for a notto-exceed fee of $49,092.
BACKGROUND/SUMMARY:
In June 2022, the City Council adopted Resolution 2022-048, approving 25 Fiscal Year (FY) 2022/23 Capital Improvement Projects, including the Concrete Street Repairs Project with an allocated budget of 1,005,000. In July 2022, Council adopted Resolution 2022-058, awarding a Processional Services Agreement to Wallace Group for Project Management services for delivery of four civil engineeringoriented Capital Improvement Projects, including this Project.
In January 2023, Council adopted Resolution 2023-004, awarding a Professional Services Agreement to BKF Engineers for the Concrete Streets Repair Project for a not-to-exceed fee, with contingency, of $189,667. In June 2023, Council adopted Resolution 2023-067, approving the carry-over of 25 prior FY CIP project, including this Project.
The Concrete Streets Repair Project scope is to repair damaged concrete street segments and intersections as follows:
1. Resurface Ocean Avenue, from Monte Verde Street to San Antonio Avenue.
2. Reconstruct the intersection of Ocean and San Antonio Avenues
3. Reconstruct the intersection of San Carlos Street and Fifth Avenue
4. Reconstruct the intersection of San Carlos Street and Sixth Avenue
5. Resurface intermittent areas of San Carlos Street, between Fifth and Sixth Avenues
6. Install curb bulb-outs and ADA ramps at Junipero Street/Seventh Avenue During design, several treatment options were evaluated to ensure the most durable treatment at the best value. Complete removal and replacement of the concrete street was determined to be cost-prohibitive.
Several variations of grinding the edges and/or surface also proved to be costly. The most economical approach is to remove and replace only those structurally-damaged sections of concrete, in squares, much like the methods used to remove failed sections of asphalt pavement and patch pave, prior to placing an overlay.
As the project design was advancing to 95%, it became clear that the following three (3) additional improvements need to be incorporated into the Project along Ocean Avenue, so that the repairs would appear to be complete renovation along this iconic arterial street leading down to Carmel Beach.
1. The intersecting streets along Ocean Avenue, namely Carmelo Street, Camino Real, and Casanova Street, on both sides of Ocean Avenue, also need pavement repairs up to the crosswalks between sidewalks which also require newADA ramps.
2. The parking lot areas on both sides of Ocean Avenue, between Monte Verde Street and Camino Real, also require spot repairs and resurfacing.
3. Ocean Avenue should receive an asphalt overlay over the entire concrete surface so that the street surface does not appear to be an unsightly patchwork of concrete squares.
Amendment No. 1 to the Professional Services Agreement was negotiated with BKF for a not-to-exceed fee increase of $49,092, to include these improvements into the final plans, specifications, and cost estimates. The additional services will include field surveying of the side streets, additional improvement plans and technical specifications, and modifying the bidding documents to include multiple bid additives so that Council can award the construction contract with as many improvements as possible within the available budget.
The remaining design work is anticipated to be completed within three months of issuance of the Notice to Proceed. Bidding is tentatively scheduled to occur during the winter months with construction progressing in early Spring 2024.
This project is managed by one of the City’s project management consultants, Wallace Group. The Project Manager will continue lead the Project to complete the design and manage the bidding and construction phases.
FISCAL IMPACT:
The total budget for the Concrete Streets Repair Project is $1,005,000. This budget includes $441,000 from external funds, including Gas Tax, SB 1, Measure X, and Regional Surfaced Transportation Improvement Program (RSTIP) funds via the Transportation Agency of Monterey County (TAMC), plus a General Fund allocation of $564,000 for the City’s “Maintenance of Effort” match.
Of the $1,005,000 budget, $67,350 was allocated for Wallace Group for Project Management services, with $19,235 expended to date.
The original fee for BKF Engineers for design was $158,904 which has been fully expended. A Supplemental Services budget of $30,763 was included in the Agreement, and unspent to date. This amount should be used for engineering support services during construction, such as for checking technical submittals, supporting change orders, and developing the punch list. The fee for additional services in Amendment No 1 of $49,092 results in a total fee allocation to BKF of $238,759.
The balance remaining for construction is $698,891. Based on the current bidding climate, it is most unlikely that all improvements contemplated and designed in the Project can be constructed. This bidding documents will include multiple bid additives so that Council can award as many improvements as possible within the available budget.
All fees for this Project will be charged to the Capital Project Fund, Account No. 301-311-00-43008.
PRIOR CITY COUNCIL ACTION:
In June 2022, the City Council adopted Resolution 2022-048, approving 25 Fiscal Year (FY) 2022/23 Capital Improvement Projects, including the Concrete Street Repairs Project with an allocated budget of 1,005,000. In July 2022, Council adopted Resolution 2022-058, awarding a Processional Services Agreement to Wallace Group for Project Management services for delivery of four civil engineeringoriented Capital Improvement Projects, including this Project.
In January 2023, Council adopted Resolution 2023-004, awarding a Professional Services Agreement to BKF Engineers for the Concrete Streets Repair Project for a not-to-exceed fee, with contingency, of $189,667. In June 2023, Council adopted Resolution 2023-067, approving the carry-over of 25 prior FY CIP project, including this Project.
ATTACHMENTS:
Attachment 1) Resolution 2023-083
Attachment 2) Amendment No. 1 with BKF Engineers for Concrete Streets Repair Project
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-083
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 BKF ENGINEERS FOR THE CONCRETE STREETS REPAIR PROJECT, FOR A NOT-TO-EXCEED FEE OF $49,092 WHEREAS, in June 2022, Council adopted Resolution 2022-048 approving 25 Capital improvement Program (CIP) projects for Fiscal Year (FY) 2022/23, including the Concrete Streets Repair Project (Project), with an initial budget of $1,005,000; and WHEREAS, in January 2023, Council awarded a Professional Services Agreement with BKF Engineers for a not-to-exceed fee, including contingency, of $189,667 for design of the Project; and
WHEREAS, in June 2023, Council adopted Resolution 2023-067 approving the carry-over of prior FY CIP projects into FY 2023/24, including this Project; and WHEREAS, during design, treatment options were evaluated to ensure the most durable treatment at the best value, and it was determined that the most economical approach is to remove and replace only structurally-damaged sections of concrete streets, in squares; and WHREAS, as the design progressed to 95%, it became clear that the intersecting streets along Ocean Avenue also need pavement repairs, the crosswalks between sidewalks require new ADA ramps, the parking lots need resurfacing, and an asphalt overlay is needed over the entire concrete surface on Ocean Avenue so that the street does not appear as an unsightly patchwork of concrete squares along this iconic arterial street leading down to Carmel Beach; and WHEREAS, Amendment No. 1 to the Professional Services Agreement was negotiated with BKF Engineers to provide these additional services for a not-to-exceed fee of $49,092; and WHEREAS, sufficient funding is available for these additional services in the Capital Projects fund account, leaving a balance of approximately $700,000 for subsequent construction.
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 BKF Engineers for the Concrete Streets Repair Project for a not-to-exceed fee of $49,092.
Attachment 1
Resolution No. 2023-083
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 12th day of September, 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
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Ashlee Wright, Director, Libraries & Community Activities APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-084 authorizing the City Administrator to execute Amendment No.1 with Digital Deployment, Inc. for website and hosting services for a new not to exceed amount of $181,150 and extend the contract through June 30, 2028 RECOMMENDATION:
Adopt Resolution 2023-084 authorizing the City Administrator to execute Amendment No.1 with Digital Deployment, Inc. for website and hosting services for a new not to exceed amount of $181,150 and extend the contract through June 30, 2028.
BACKGROUND/SUMMARY:
In 2017 staff issued a Request for Proposals (RFP) for a new City website and hosting services and after a robust evaluation project entered into a contract with Digital Deployment, Inc. with a not-to-exceed amount of $109,450 for the development of a new City website and yearly hosting costs through FY 2028. Prior to this the previous website was over ten years old and complicated and cumbersome to update to the point that staff could not update the website without the support of a 3rd party.
A change order to that contract was issued for FY 2022-2023, extending the contract and providing funds in the amount of $10,500 to work with Digital Deployment on a refresh of the City’s website, including updating the color scheme and adding some additional functionalities to further improve staff’s ability to display and provide information to the public. Digital Deployment excels at responsiveness to staff questions and has continued to develop and grow its training library. Staff with little to no website update experience are able to make website updates with relative ease to keep website content up-to-date.
FISCAL IMPACT:
In 2017 Council adopted Resolution 2017-081 authorizing the City Administrator to enter into a professional services agreement with Digital Deployment, Inc. with a not-to-exceed amount of $109,450 for the development of a new City website and yearly hosting costs through FY 2021-2022.
In 2022 the change order extended the contract through 2023 and increased the not-to-exceed amount $20,700 ($10,200 for annual maintenance and hosting costs and $10,500 for the website refresh) for a new not-to-exceed amount of $130,150.
Staff recommends adopting Resolution 2023-084 authorizing the amendment of the contract to extend the term through June 30, 2028 and a new not-to-exceed amount $181,150 ($10,200 annually for maintenance and hosting each year for five years).
PRIOR CITY COUNCIL ACTION:
In 2017 Council adopted Resolution 2017-081 authorizing the City Administrator to enter into a professional services agreement with Digital Deployment, Inc. with a not-to-exceed amount of $109,450 for the development of a new City website and yearly hosting costs through FY 2021-2022.
ATTACHMENTS:
Attachment 1) Resolution 2023-084
Attachment 2) Contract Amendment 1 - Digital Deployment
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING CITY ADMINISTRATOR TO EXECUTE AMENDMENT NO.1 WITH DIGITAL DEPLOYMENT, INC. FOR WEBSITE AND HOSTING SERVICES FOR A NEW NOT TO EXCEED AMOUNT OF $181,150 AND EXTEND THE CONTRACT THROUGH JUNE 30, 2028 WHEREAS, Digital Deployment, Inc. provides website design and hosting services; and WHEREAS, in 2017 the City entered into a contract with Digital Deployment, Inc. with a not-to-exceed amount of $109,450 for the development of a new City website and yearly hosting costs through FY 2021-2022; and
WHEREAS, a change order to that contract was issued for FY 2022-2023, extending the contract and providing funds in the amount of $10,500 to work with Digital Deployment on a refresh of the City’s website, including updating the color scheme and adding some additional functionalities; and
WHEREAS, Digital Deployment provides excellent customer service, excels at responsiveness to staff questions and has continued to develop and grow its training library.
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 with Digital Deployment, Inc. for website and hosting services for a new not to exceed amount of $181,150 and extend the contract through June 30, 2028.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 12th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
AMENDMENT NO. 1
AGREEMENT NUMBER ADMIN-DIGIT-058-17-18
Digital Deployment, Inc.
Website Design and Hosting Services
1. This amendment (the "Amendment") is made by City of Carmel-by-the-Sea and Digital Deployment, Inc. (“Consultant”), parties to agreement ADMIN-DIGIT-058-17-18 (the "Agreement") executed on September 13, 2023.
2. The Agreement is amended as follows:
a. Section 3.A (Term) of the Agreement is amended and restated as follows:
The work under this Agreement will commence by September 13, 2023 and must be completed by June 30, 2028 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders)”, in a timely manner or in accordance with the agreed upon Change Order Project Schedule.
b. Section 2.A (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, in a total amount not-to-exceed One Hundred Eighty-One Thousand One hundred and fifty Dollars ($181,150.00). Such compensation is the “Maximum Authorized Expenditure” under this Agreement. The Fee Schedule includes, but is not limited to, fees for each phase and task, not-to-exceed total fee, hourly rates, reimbursable rates and subconsultant mark-up rates. The use of subconsultants will not be considered a reimbursable expense, and such costs must be applied towards the approved budgeted amount. Payment of any compensation to Consultant is contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If the City determines that the Services set forth in the written invoice have not performed in accordance with the terms of this Agreement, the City is not responsible for payment until the Services have been satisfactorily performed.
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.
Attachment 2
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
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-085 authorizing the City Administrator to execute a Professional Services Agreement with Carmel Chamber of Commerce for Visitor Center operations and services for a not-to-exceed amount of $60,000 and a term expiring on June 30, 2024
RECOMMENDATION:
Adopt Resolution 2023-085 authorizing the City Administrator to execute a Professional Services Agreement with Carmel Chamber of Commerce for Visitor Center operation and services for a not-toexceed amount of $60,000 and a term expiring on June 30, 2024.
BACKGROUND/SUMMARY:
The purpose of this agenda item is to authorize the City Administrator to execute an agreement with the Carmel Chamber of Commerce for Visitor Center operations and services for fiscal year 2023-2024. The Carmel Chamber of Commerce operates the Visitor Center located in the Carmel Plaza on Ocean Avenue between Junipero and Mission, which helps provide assistance and referrals to visitors regarding lodging, dining, retail and cultural and recreational activities. The Center is open seven days a week and closed on major holidays. According to the Chamber, the cost of operating the center is estimated a $135,500 a year.
The proposed agreement with the Chamber will provide $60,000 to support the operating costs associated with the Center. The Carmel Municipal Code requires contracts of $60,000 or more be approved by Council resolution.
Staff supports a new annual agreement with the Carmel Chamber of Commerce based on the organization's 100 year expertise in promoting and understanding Carmel-by-the-Sea businesses and ensuring continuity and consistency of operations and services provided to locals and visitors alike.
FISCAL IMPACT:
The FY 23-24 Adopted Budget includes $60,000 for Carmel Chamber of Commerce to perform Visitor Center operations and services.
PRIOR CITY COUNCIL ACTION:
The City has historically authorized similar annual agreements with the Carmel Chamber of Commerce.
ATTACHMENTS:
Attachment 1) Resolution 2023-085
Attachment 2) PSA Carmel Chamber of Commerce
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE
MONTEREY COUNTY CONVENTION AND VISITORS BUREAU FOR DESTINATION MARKETING FOR THE TERM OF JULY 1, 2023 TO JUNE 30, 2024 IN AN AMOUNT NOT TO EXCEED $204,030
WHEREAS, transient occupancy tax and sales and use tax contribute to the City of Carmel-by-the-Sea's revenue sources and are heavily influenced by tourism; and WHEREAS, the Monterey County Convention and Visitors Bureau possesses specialized knowledge and benefits from economy of scale in advertising and other marketing efforts in order to promote tourism within the Monterey Peninsula region and the City of Carmel-by-the-Sea; and WHEREAS, in accordance with the Carmel Municipal Code, contracts of $60,000 or more require Council approval, and
WHEREAS, a true copy of the Agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the Term of July 1, 2023 to June 30, 2024, will be on file in the City Clerk’s Office.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Authorize the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for destination marketing for the term of July 1, 2023 through June 30, 2024 in an amount not to exceed $204,030.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of September 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
Carmel Chamber of Commerce Visitors Center
THIS AGREEMENT is executed this ____ day of September, 2023, by and between the City of CarmelBy-The-Sea, a municipal corporation, (hereinafter "City"), and the Carmel Chamber of Commerce, Inc., a 501(c)(3) organization (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: operating the Carmel Chamber of Commerce Visitors Center and providing information and assistance to visitors regarding lodging, shopping, dining, cultural and recreational opportunities within the City. 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 is the Executive Director of the Carmel Chamber of Commerce. iii. Consultant represents that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant will at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described in this Agreement.
In meeting its obligations under this Agreement, Consultant must employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.
Attachment 2
2 iv. 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. v. 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 $59,999 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.
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 Attachment 2
3 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, a total amount not-to-exceed Sixty Thousand Dollars ($60,000). Such compensation is the “Maximum Authorized Expenditure” under this Agreement. 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 two (2) biannual written invoices, to the City’s Project Representative, identified in Section 5 below, for Thirty Thousand ($30,000) each.
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.
Attachment 2
4 D. 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. All records provided for in this Section are to be maintained and made available throughout the performance of this Agreement and for a period of not less than four (4) years after full completion of the Services. All records, which pertain to actual disputes, litigation, appeals or claims, must be maintained and made available for a period of not less than four (4) years after final resolution of such disputes, litigation, appeals or claims.
3. AGREEMENT TERM
A. Term. The work under this Agreement will commence by July 1, 2023 and must be completed by June 30, 2024 unless sooner terminated or the City grants an extension of time in writing pursuant to the terms of this Agreement, except for provisions in this Agreement that will survive the termination or completion of this Agreement. Consultant will perform Change Order services as set out in Section 1.B, “Amendment of Services (Change Orders),” in a timely manner or in accordance with the agreed upon Change Order Project Schedule.
B. Timely Work. Consultant will perform all Services in a timely fashion, as set forth more specifically in Section 3.A, “Term,” and Section 3.C, “Project Schedule,” of this Agreement.
Failure to perform is deemed a material breach of this Agreement, and the City may terminate this Agreement with no further liability hereunder, or may authorize, in writing, an extension of time to the Agreement.
4. CONSULTANT’S EMPLOYEES AND SUBCONSULTANTS
A. 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.
B. 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 Attachment 2
5 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: Chip Rerig
Title: City Administrator
Address: P.O. Box CC, Carmel-by-the-Sea, CA 93921
Telephone: 831-620-2058
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: Lance Wills
Title: Executive Director
Company: Carmel Chamber of Commerce
Address: P.O. Box 444, Carmel-by-the-Sea, CA 93921
Telephone: 831-624-3877
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 Attachment 2
6 personal delivery, if delivered by email, on the date of transmission, or if by mail, seven (7) calendar days after posting.
6. INDEMNIFICATION
Consultant hereby agrees to the following indemnification clause:
To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant will defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless the City and its officers, designated agents, departments, officials, representatives and employees (collectively "Indemnitees") from and against claims, loss, cost, damage, injury expense and liability (including incidental and consequential damages, Court costs, reasonable attorneys' fees as may be determined by the Court, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant or subcontractor, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold harmless and indemnify any Indemnitee will not apply to the extent that such Liabilities are caused in part by the active negligence or willful misconduct of such Indemnitee.
Notwithstanding the provisions of the above paragraph, Consultant agrees to indemnify and hold harmless the City from and against all claims, demands, defense costs, liability, expense, or damages arising out of or in connection with damage to or loss of any property belonging to Consultant or Consultant's employees, subconsultants, representatives, patrons, guests or invitees.
In no event will the obligation of the Consultant exceed the limitations on the duty to defend and indemnify as set forth in Civil Code Sections 2782, 2782.6, and 2782.8.
7. INSURANCE
Consultant must submit and maintain in full force all insurance as described herein. Without altering or limiting Consultant's duty to indemnify, Consultant must maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:
A. Commercial General Liability Insurance including but not limited to premises, personal injuries, bodily injuries, property damage, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
B. Professional Liability Insurance with limits of not less than $1,000,000 per occurrence or claim and $2,000,000 in the aggregate. Consultant will have a policy for professional liability coverage that provides coverage on an occurrence basis or obtain extended reporting (tail) coverage (with the same liability limits) for at least three years following the City's acceptance of the work.
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.
Attachment 2
7 D. Workers' Compensation Insurance. If Consultant employs others in the performance of this Agreement, Consultant must maintain Workers' Compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $1,000,000 per occurrence.
E. Other Insurance Requirements:
i. All insurance required under this Agreement must be written by an insurance company either:
a. admitted to do business in California with a current A.M. Best rating of no less than A:VI; or
b. an insurance company with a current A.M. Best rating of no less than A:VII.
Exception may be made for the State Compensation Insurance Fund when not specifically rated.
ii. Each insurance policy required by this Agreement may not be canceled, except with prior written notice to the City.
iii. All liability and auto policies must:
a. Provide an endorsement naming the City of Carmel-by-the-Sea, its officers, officials, employees, and volunteers as additional insureds. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).
b. Provide that such Consultant’s insurance is primary as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City is excess to the Consultant’s insurance and will not contribute with it.
c. Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.
d. Provide for a waiver of any subrogation rights against the City via an ISO CG 24 01 10 93 or its equivalent.
iv. Prior to the start of work under this Agreement, Consultant will file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City. Consultant will file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file.
v. Neither the insurance requirements hereunder, nor acceptance or approval of Consultant’s insurance, nor whether any claims are covered under any insurance, may in any way modify or change Consultant’s obligations under the indemnification clause in this Agreement, which will continue in full force and effect. All coverage available to the Consultant as named insured will also be available and applicable to the additional Attachment 2
8 insured. Notwithstanding these insurance requirements, Consultant is financially liable for its indemnity obligations under this Agreement.
vi. All policies must be written on a first dollar coverage basis or contain a deductible provision. Any deductibles or self-insured retentions (“SIR”) must be declared to and approved by the City. At the option of the City, either: the insured will reduce or eliminate such deductibles or SIR as respects the City, its officers, officials, employees and volunteers; or Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. In no event will any SIR or insurance policy contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured, or by any means including other insurance, or which is intended to defeat the intent or protection of an additional insured.
vii. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. viii. Consultant must require and verify that all subconsultants and subcontractors maintain insurance meeting all the requirements in this Agreement. ix. If Consultant, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, the City may, but is not obligated to, obtain such coverage at Consultant’s expense and deduct the cost from the sums due Consultant. Alternatively, City may terminate the Agreement. x. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Consultant’s indemnity obligations under this Agreement.
Consultant acknowledges that the insurance coverage and policy limits set forth in this Agreement constitute the minimum coverage and policy limits required. Should any coverage carried by the Consultant or any subcontractor of any tier have limits of liability that exceed the limits or have broader coverage than required in this Agreement, those higher limits and that broader coverage are deemed to apply for the benefit of any person or organization included as an additional insured and those limits and broader coverage will become the required minimum limits and insurance coverage in all sections of this Agreement. Any insurance proceeds available to City in excess of the limits and coverages required by this Agreement, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
xi. Consultant must give City prompt notice of claims made of lawsuits initiated that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability insurance policies. xii. The Consultant hereby waives any right of subrogation that any of its insurers may have or that they may accrue out of the payment of any claim related to the Consultant’s performance of this Agreement, regardless of whether any endorsements required by this section are obtained.
Attachment 2
9 8. PERFORMANCE STANDARDS
A. Consultant shall operate the Center for eight (8) hours on Mondays-Saturdays and six (6) hours on Sundays for 362 days of the year.
9. 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.
10. CONFLICT OF INTEREST
Consultant covenants that neither Consultant, nor any officer, principal or employee of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the interests of City relating to this Agreement or that would in any way hinder Consultant’s performance of services under this Agreement. Consultant’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 and following) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.), and California Government Code section 1090.
Consultant is required to file a Form 700 in compliance with the City’s Conflict of Interest Code unless a written determination by the City Administrator is made modifying or eliminating said requirement, or unless otherwise exempted by law.
In addition, Consultant, Consultant’s employees, and subconsultants agree as follows:
A. That they will conduct their duties related to this Agreement with impartiality, and must, if they exercise discretionary authority over others in the course of those duties, disqualify themselves Attachment 2
10 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.
11. 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 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 Attachment 2
11 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.
12. TERMINATION OF AGREEMENT
A. Termination for Convenience. Either party may terminate this Agreement, in whole or in part, with or without cause, at any time during the Agreement Term upon ninety (90) days written notice. Upon termination of this Agreement by either party for any reason, the Consultant will refund the City for prepaid amounts prorated based on the date or termination through the end of the invoiced period.
13. 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.
14. 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
12 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
13 K. Non-exclusive Agreement. This Agreement is non-exclusive and both the City and Consultant expressly reserve the right to enter into agreements with other Consultants for the same or similar services, or may have its own employees perform the same or similar services.
L. Assignment of Interest. The duties under this Agreement are not assignable, delegable, or transferable without the prior written consent of the City. Any such purported assignment, delegation, or transfer constitutes a material breach of this Agreement upon which the City may terminate this Agreement and be entitled to damages.
M. City Business License. Prior to receiving a Notice to Proceed from the City, Consultant will obtain and maintain a valid City of Carmel-by-the-Sea Business License for the duration of the Agreement. Costs associated with the license are the responsibility of Consultant.
N. Laws. Consultant agrees that in the performance of this Agreement it will comply with all applicable federal, state and local laws and regulations. This Agreement will be governed by and construed in accordance with the laws of the State of California and the City of Carmel-by-theSea.
IN WITNESS WHEREOF, the parties enter into this Agreement hereto on the day and year first above written in Carmel-by-the-Sea, California.
CITY OF CARMEL-BY-THE-SEA CONSULTANT
City Administrator Consultant Signature
Printed Name 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
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-086 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule)
RECOMMENDATION:
Adopt Resolution 2023-086 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule).
BACKGROUND/SUMMARY:
Pursuant to Municipal Code 2.52.520, the salary resolution is adopted by the City Council establishing the legal current salary range from the salary schedule for each class of position. The salary resolution is adopted annually or periodically by the City Council upon review and recommendation of the City Administrator.
Additionally, California Public Employee’s Retirement Law (PERL) and Section 570.5 of the California Code of Regulations (CCR) Title 2 requires the City Pay Rates and Ranges document published on the City’s internet site meet required elements and be approved, it its entirety, by the City Council each time a modification is made.
The following are the salary schedules:
At-Will (Unrepresented) – no modifications
Management Unit, an affiliate of LiUNA – no modifications General Unit, an affiliate of LiUNA – no modifications
Police – no modifications
Ambulance – no changes
Temporary/Hourly –hourly rates increased to the corresponding classification salary schedule (General, Management, At-Will) effective July 1, 2023.
Although the salary schedules were approved with the corresponding labor unit Memorandum of Understanding (MOU), as a Human Resources best practice and to comply with the regulations of PERL, the salary plan in its entirety will be submitted for Council approval each time a modification is made and/or on a fiscal basis.
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
Attachment 1) Resolution 2023-086
Attachment 2) Exhibit A-1 Pay Schedule for At-Will (Unrepresented) Attachment 3) Exhibit A-2 Pay Schedule for Management Unit, and affiliate of LiUNA General Classifications
Attachment 4) Exhibit A-3 Pay Schedule for General Unit, an affiliate of LiUNA Management Classifications
Attachment 5) Exhibit A-4 Pay Schedule for Police Officers Association Classifications Attachment 6) Exhibit A-5 Pay Schedule for Fire and Ambulance Attachment 7) Exhibit A-6 Pay Schedule for At-Will Classifications
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE
CLASSIFICATION SALARY PLAN FOR AT-WILL (UNREPRESENTED), MANAGEMENT UNIT (AN
AFFILIATE OF LIUNA), GENERAL UNIT (AN AFFILIATE OF LIUNA), POLICE OFFICERS ASSOCIATION (POA), AMBULANCE, AND TEMPORARY/HOURLY IN ACCORDANCE WITH MUNICIPAL CODE 2.52.520 WHEREAS, Municipal Code 2.52.520 and amendments thereto provide, among other things that the City Council establish the legal current salary range from the salary schedule for each class of position.
WHEREAS, the salary resolution is adopted annually or periodically by the City Council upon review and recommendation of the City Administrator; and
WHEREAS, the California Public Employee’s Retirement Law, at Section 570.5 of the California Code of Regulations Title 2, requires the City to publish pay rates and ranges on the City’s internet site and the City Council to approve the pay rates and range in its entirety each time a modification is made; and WHEREAS, the temporary/hourly classifications do not receive Cost of Living Adjustments (COLA) or salary adjustments on an annual basis such as employees represented by bargaining units; and WHEREAS, the temporary/hourly classifications hourly rates increased to the corresponding hourly rate reflected on the classification salary schedule (General, Management, At-Will) effective July 1, 2023 WHEREAS, staff recommends that the City Council adopt the increased City pay rates and ranges for Temporary/Hourly (at-will/unrepresented) classifications.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA DOES HEREBY:
The City of Carmel-by-the-Sea City Council authorizes and approves the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for City of Carmel-by-the-Sea At-Will (Unrepresented), Management Unit (an affiliate of LiUNA), General Unit (an affiliate of LiUNA), Police Officers Association (POA), Ambulance, and Temporary/Hourly Classifications (Exhibit A) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of September, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_______________________ ___________________________
Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Pay Band Classification Grade Resolution # Effective
Date
Minimum Annual
Salary
Maximum Annual
Salary
City Administrator W-1CA Resolution 2022-103 10/1/2022 $231,815.00 Assistant City Administrator W-1ACA Reso. 2023-021 1/1/2023 $179,135.12 $217,739.65 Public Safety Director W-1 Reso. 2023-021 1/1/2023 $179,135.12 $217,739.65 Public Works Director W-1PWD Reso. 2023-021 1/1/2023 $175,503.54 $213,325.90 Community Planning and Building Director W-2CPBD Reso. 2023-021 1/1/2023 $175,503.54 $213,325.90 Police Commander W-443PC Reso. 2023-021 1/1/2023 $154,930.65 $188,320.00 Library and Community Activities Director W-440DL Reso. 2023-021 1/1/2023 $154,930.65 $188,320.00 Finance Manager W-459FM Reso. 2023-021 1/1/2023 $140,406.47 $170,665.00 Human Resources Manager Reso. 2023-021 1/1/2023 $140,406.47 $170,665.00 Information Services/Network Manager W-403IS Reso. 2023-021 1/1/2023 $140,406.47 $170,665.00 City Clerk W-400CC Reso. 2023-021 1/1/2023 $140,406.47 $170,665.00 Environmental Compliance Manager W-377EC Reso. 2023-021 1/1/2023 $115,975.16 $140,946.82 Project Manager W-10 Reso. 2023-021 1/1/2023 $115,975.16 $140,946.82 Building Official W-366BO Reso. 2023-021 1/1/2023 $115,975.16 $140,946.82 6 Senior Human Resources Analyst W-362SA Reso. 2023-021 1/1/2023 $95,647.30 $119,742.63 Deputy City Clerk W-342DC Reso. 2023-021 1/1/2023 $82,617.70 $100,413.08 Administrative Analyst W-7AA Reso. 2023-021 1/1/2023 $82,617.70 $100,413.08 8 Executive Assistant* W-3EXA Reso. 2023-021 1/1/2023 $83,100.48 $89,880.00 9 Administrative Technician W-9AT Reso. 2023-021 1/1/2023 $70,188.42 $85,352.30 2 3
4 5
7 City of Carmel by the Sea SALARY SCHEDULE
Effective January 1, 2023
AT-WILL (UNREPRESENTED) CLASSIFICATIONS
City Council Meeting: September 12, 2023 | Reso #2023 - XXX 1 EXHIBIT A-1
Pay Band Classification Grade Resolution # Effective
Date
Minimum Annual
Salary
Maximum Annual
Salary
City Administrator W-1CA Resolution 2022-103 10/1/2022 $231,815.00 Assistant City Administrator W-1ACA Reso. 2023-021 1/1/2024 $186,300.52 $226,449.24 Public Safety Director W-1 Reso. 2023-021 1/1/2024 $186,300.52 $226,449.24 Public Works Director W-1PWD Reso. 2023-021 1/1/2024 $182,523.68 $221,858.94 Community Planning and Building Director W-2CPBD Reso. 2023-021 1/1/2024 $182,523.68 $221,858.94 Police Commander W-443PC Reso. 2023-021 1/1/2024 $161,127.88 $195,852.80 Library and Community Activities Director W-440DL Reso. 2023-021 1/1/2024 $161,127.88 $195,852.80 Finance Manager W-459FM Reso. 2023-021 1/1/2024 $146,022.73 $177,491.60 Human Resources Manager Reso. 2023-021 1/1/2024 $146,022.73 $177,491.60 Information Services/Network Manager W-403IS Reso. 2023-021 1/1/2024 $146,022.73 $177,491.60 City Clerk W-400CC Reso. 2023-021 1/1/2024 $146,022.73 $177,491.60 Environmental Compliance Manager W-377EC Reso. 2023-021 1/1/2024 $120,614.17 $146,584.69 Project Manager W-10 Reso. 2023-021 1/1/2024 $120,614.17 $146,584.69 Building Official W-366BO Reso. 2023-021 1/1/2024 $120,614.17 $146,584.69 6 Senior Human Resources Analyst W-362SA Reso. 2023-021 1/1/2024 $99,473.19 $124,532.34 Deputy City Clerk W-342DC Reso. 2023-021 1/1/2024 $85,922.41 $104,429.60 Administrative Analyst W-7AA Reso. 2023-021 1/1/2024 $85,922.41 $104,429.60 8 Executive Assistant* W-3EXA Reso. 2023-021 1/1/2024 $86,424.50 $93,475.20 9 Administrative Technician W-9AT Reso. 2023-021 1/1/2024 $72,995.96 $88,766.39 1 2
3 4
5 7
SALARY SCHEDULE
Effective January 1, 2024
AT-WILL (UNREPRESENTED) CLASSIFICATIONS
City Council Meeting: September 12, 2023 | Reso #2023 - XXX 4% effective January 1, 2024
City of Carmel by the Sea
EXHIBIT A-1
4% effective July 1, 2023 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $56.26 $59.07 $62.02 $65.12 $68.38 $70.43
Monthly: $9,751.73 $10,238.80 $10,750.13 $11,287.47 $11,852.53 $12,207.87 Annual: $117,020.80 $122,865.60 $129,001.60 $135,449.60 $142,230.40 $146,494.40 Hourly: $40.28 $42.29 $44.40 $46.62 $48.95 $50.42
Monthly: $6,981.87 $7,330.27 $7,696.00 $8,080.80 $8,484.67 $8,739.47 Annual: $83,782.40 $87,963.20 $92,352.00 $96,969.60 $101,816.00 $104,873.60 Hourly: $43.19 $45.35 $47.62 $50.00 $52.50 $54.08
Monthly: $7,486.27 $7,860.67 $8,254.13 $8,666.67 $9,100.00 $9,373.87 Annual: $89,835.20 $94,328.00 $99,049.60 $104,000.00 $109,200.00 $112,486.40 Hourly: $57.99 $60.89 $63.93 $67.13 $70.49 $72.60
Monthly: $10,051.60 $10,554.27 $11,081.20 $11,635.87 $12,218.27 $12,584.00 Annual: $120,619.20 $126,651.20 $132,974.40 $139,630.40 $146,619.20 $151,008.00 Hourly: $62.02 $65.12 $68.38 $71.80 $75.39 $77.65
Monthly: $10,750.13 $11,287.47 $11,852.53 $12,445.33 $13,067.60 $13,459.33 Annual: $129,001.60 $135,449.60 $142,230.40 $149,344.00 $156,811.20 $161,512.00 Hourly: $57.99 $60.89 $63.93 $67.13 $70.49 $72.60
Monthly: $10,051.60 $10,554.27 $11,081.20 $11,635.87 $12,218.27 $12,584.00 Annual: $120,619.20 $126,651.20 $132,974.40 $139,630.40 $146,619.20 $151,008.00 Hourly: $56.26 $59.07 $62.02 $65.12 $68.38 $70.43
Monthly: $9,751.73 $10,238.80 $10,750.13 $11,287.47 $11,852.53 $12,207.87 Annual: $117,020.80 $122,865.60 $129,001.60 $135,449.60 $142,230.40 $146,494.40 Senior Planner M‐351
City Forester M‐357Principla Planner M‐363
Public Works Superintendent M‐357
Accountant M‐351
Associate Planner M‐284Building (Facility) Maint Supervisor M‐298 City of Carmel by the Sea SALARY SCHEDULE Effective July 1, 2023 MANAGEMENT EMPLOYEES UNIT (affiliated unit of LiUNA)
City Council Meeting: September 12, 2023 | Reso #2023 ‐ XXX Notes:*Longevity: Refer to MOU Article 3: Longevity/Merit Step Increase Resolution #2022‐103
EXHIBIT A-2
4% effective July 1, 2023 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $30.62 $32.15 $33.76 $35.45 $37.22 $38.34Monthly: $5,307.47 $5,572.67 $5,851.73 $6,144.67 $6,451.47 $6,645.60 Annual: $63,689.60 $66,872.00 $70,220.80 $73,736.00 $77,417.60 $79,747.20 Hourly: $42.78 $44.92 $47.17 $49.53 $52.01 $53.57Monthly: $7,415.20 $7,786.13 $8,176.13 $8,585.20 $9,015.07 $9,285.47 Annual: $88,982.40 $93,433.60 $98,113.60 $103,022.40 $108,180.80 $111,425.60 Hourly: $36.47 $38.29 $40.20 $42.21 $44.32 $45.65Monthly: $6,321.47 $6,636.93 $6,968.00 $7,316.40 $7,682.13 $7,912.67 Annual: $75,857.60 $79,643.20 $83,616.00 $87,796.80 $92,185.60 $94,952.00 Hourly: $46.79 $49.13 $51.59 $54.17 $56.88 $58.59Monthly: $8,110.27 $8,515.87 $8,942.27 $9,389.47 $9,859.20 $10,155.60 Annual: $97,323.20 $102,190.40 $107,307.20 $112,673.60 $118,310.40 $121,867.20 Hourly: $34.38 $36.10 $37.91 $39.81 $41.80 $43.05Monthly: $5,959.20 $6,257.33 $6,571.07 $6,900.40 $7,245.33 $7,462.00 Annual: $71,510.40 $75,088.00 $78,852.80 $82,804.80 $86,944.00 $89,544.00 Hourly: $33.01 $34.66 $36.39 $38.21 $40.12 $41.32Monthly: $5,721.73 $6,007.73 $6,307.60 $6,623.07 $6,954.13 $7,162.13 Annual: $68,660.80 $72,092.80 $75,691.20 $79,476.80 $83,449.60 $85,945.60 Hourly: $40.29 $42.30 $44.42 $46.64 $48.97 $50.44Monthly: $6,983.60 $7,332.00 $7,699.47 $8,084.27 $8,488.13 $8,742.93 Annual: $83,803.20 $87,984.00 $92,393.60 $97,011.20 $101,857.60 $104,915.20 Hourly: $37.96 $39.86 $41.85 $43.94 $46.14 $47.52
Monthly: $6,579.73 $6,909.07 $7,254.00 $7,616.27 $7,997.60 $8,236.80 Annual: $78,956.80 $82,908.80 $87,048.00 $91,395.20 $95,971.20 $98,841.60 Hourly: $32.69 $34.32 $36.04 $37.84 $39.73 $40.92Monthly: $5,666.27 $5,948.80 $6,246.93 $6,558.93 $6,886.53 $7,092.80 Annual: $67,995.20 $71,385.60 $74,963.20 $78,707.20 $82,638.40 $85,113.60 Hourly: $37.96 $39.86 $41.85 $43.94 $46.14 $47.52Monthly: $6,579.73 $6,909.07 $7,254.00 $7,616.27 $7,997.60 $8,236.80 Annual: $78,956.80 $82,908.80 $87,048.00 $91,395.20 $95,971.20 $98,841.60 Hourly: $41.31 $43.38 $45.55 $47.83 $50.22 $51.73Monthly: $7,160.40 $7,519.20 $7,895.33 $8,290.53 $8,704.80 $8,966.53 Annual: $85,924.80 $90,230.40 $94,744.00 $99,486.40 $104,457.60 $107,598.40 Finance Analyst G‐294
Community Activities Asssistant** G‐272Community Activities Asssistant IG‐242 Community Activities Assistant II G‐272Building Maintenance Specialist (Facilities) G‐253Circulation Supervisor G‐244
Code Compliance Coordinator G‐284
Assistant City Forester G‐296Assistant Planner G‐264Building Inspector G‐314 City of Carmel by the Sea SALARY SCHEDULE Effective July 1, 2023 GENERAL EMPLOYEES UNIT (affiliated unit of LiUNA)
City Council Meeting: September 12, 2023 | Reso #2023 ‐ XXX Administrative Coordinator G‐229
EXHIBIT A-3
4% effective July 1, 2023 Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $32.20 $33.81 $35.50 $37.28 $39.14 $40.31Monthly: $5,581.33 $5,860.40 $6,153.33 $6,461.87 $6,784.27 $6,987.07 Annual: $66,976.00 $70,324.80 $73,840.00 $77,542.40 $81,411.20 $83,844.80 Hourly: $35.10 $36.86 $38.70 $40.64 $42.67 $43.95Monthly: $6,084.00 $6,389.07 $6,708.00 $7,044.27 $7,396.13 $7,618.00 Annual: $73,008.00 $76,668.80 $80,496.00 $84,531.20 $88,753.60 $91,416.00 Hourly: $27.05 $28.40 $29.82 $31.31 $32.88 $33.87Monthly: $4,688.67 $4,922.67 $5,168.80 $5,427.07 $5,699.20 $5,870.80 Annual: $56,264.00 $59,072.00 $62,025.60 $65,124.80 $68,390.40 $70,449.60 Hourly: $31.40 $32.97 $34.62 $36.35 $38.17 $39.32Monthly: $5,442.67 $5,714.80 $6,000.80 $6,300.67 $6,616.13 $6,815.47 Annual: $65,312.00 $68,577.60 $72,009.60 $75,608.00 $79,393.60 $81,785.60 Hourly: $34.70 $36.44 $38.26 $40.17 $42.18 $43.45Monthly: $6,014.67 $6,316.27 $6,631.73 $6,962.80 $7,311.20 $7,531.33 Annual: $72,176.00 $75,795.20 $79,580.80 $83,553.60 $87,734.40 $90,376.00 Hourly: $32.20 $33.81 $35.50 $37.28 $39.14 $40.31Monthly: $5,581.33 $5,860.40 $6,153.33 $6,461.87 $6,784.27 $6,987.07 Annual: $66,976.00 $70,324.80 $73,840.00 $77,542.40 $81,411.20 $83,844.80 Hourly: $33.66 $35.34 $37.11 $38.97 $40.92 $42.15Monthly: $5,834.40 $6,125.60 $6,432.40 $6,754.80 $7,092.80 $7,306.00 Annual: $70,012.80 $73,507.20 $77,188.80 $81,057.60 $85,113.60 $87,672.00 Hourly: $34.35 $36.07 $37.87 $39.76 $41.75 $43.00
Monthly: $5,954.00 $6,252.13 $6,564.13 $6,891.73 $7,236.67 $7,453.33 Annual: $71,448.00 $75,025.60 $78,769.60 $82,700.80 $86,840.00 $89,440.00 Hourly: $28.42 $29.84 $31.33 $32.90 $34.55 $35.59Monthly: $4,926.13 $5,172.27 $5,430.53 $5,702.67 $5,988.67 $6,168.93 Annual: $59,113.60 $62,067.20 $65,166.40 $68,432.00 $71,864.00 $74,027.20 Hourly: $31.26 $32.82 $34.46 $36.18 $37.99 $39.13Monthly: $5,418.40 $5,688.80 $5,973.07 $6,271.20 $6,584.93 $6,782.53 Annual: $65,020.80 $68,265.60 $71,676.80 $75,254.40 $79,019.20 $81,390.40 Hourly: $34.38 $36.10 $37.91 $39.81 $41.80 $43.05Monthly: $5,959.20 $6,257.33 $6,571.07 $6,900.40 $7,245.33 $7,462.00 Annual: $71,510.40 $75,088.00 $78,852.80 $82,804.80 $86,944.00 $89,544.00 Hourly: $41.10 $43.16 $45.32 $47.59 $49.97 $51.47Monthly: $7,124.00 $7,481.07 $7,855.47 $8,248.93 $8,661.47 $8,921.47 Annual: $85,488.00 $89,772.80 $94,265.60 $98,987.20 $103,937.60 $107,057.60 Hourly: $34.38 $36.10 $37.91 $39.81 $41.80 $43.05
Monthly: $5,959.20 $6,257.33 $6,571.07 $6,900.40 $7,245.33 $7,462.00 Annual: $71,510.40 $75,088.00 $78,852.80 $82,804.80 $86,944.00 $89,544.00 Streets Supervisor G‐288
Tree Climber & Care Specialist G‐253
Maintenance Worker IG‐214Maintenance Worker II G‐224Maintenance Worker III G‐253Permit Technician G‐239Planning Technician G‐248Program Supervisor (Recreation) G‐252Library Assistant G‐204 Librarian IG‐234
Librarian II G‐254
Finance Specialist G‐239Information Technology Technician G‐262 EXHIBIT A-3
Effective July 1, 2023 0‐12 months 12‐120 months 120 months + Classification Grade Pay Step 1 Step 2 Step 3
Hourly: $62.13 $65.40 $67.36Monthly: $10,769.20 $11,336.00 $11,675.73 Annual: $129,230.40 $136,032.00 $140,108.80
Hourly: $71.46 $75.22 $77.48
Monthly: $12,386.40 $13,038.13 $13,429.87
Annual: $148,636.80 $156,457.60 $161,158.40
3% effective July 1, 2023 Longevity Step
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $28.96 $30.41 $31.93 $33.53 $35.21 $36.27Monthly: $5,019.73 $5,271.07 $5,534.53 $5,811.87 $6,103.07 $6,286.80Annual: $60,236.80 $63,252.80 $66,414.40 $69,742.40 $73,236.80 $75,441.60 Hourly: $31.23 $32.79 $34.43 $36.15 $37.96 $39.10
Monthly: $5,413.20 $5,683.60 $5,967.87 $6,266.00 $6,579.73 $6,777.33Annual: $64,958.40 $68,203.20 $71,614.40 $75,192.00 $78,956.80 $81,328.00 Police Services Officer P‐2Police Officer P‐3Police Sergeant P‐5 POLICE NON‐SWORN CLASSIFICATIONS
Community Services Officer P‐1
City of Carmel by the Sea SALARY SCHEDULE Effective July 1, 2023
POLICE OFFICERS ASSOCIATION
City Council Meeting: September 12, 2023 | Reso #2023 ‐ XXX
POLICE SWORN CLASSIFICATIONS
Notes:Resolution #2022‐082 approved 9/13/22
EXHIBIT A-4
Effective July 1, 2024 0‐12 months 12‐120 months 120 months + Classification Grade Pay Step 1 Step 2 Step 3
Hourly: $62.13 $65.40 $67.36Monthly: $10,769.20 $11,336.00 $11,675.73 Annual: $129,230.40 $136,032.00 $140,108.80
Hourly: $71.46 $75.22 $77.48
Monthly: $12,386.40 $13,038.13 $13,429.87
Annual: $148,636.80 $156,457.60 $161,158.40
3% effective July 1, 2024 Longevity Step
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $29.83 $31.32 $32.89 $34.53 $36.26 $37.35Monthly: $5,170.53 $5,428.80 $5,700.93 $5,985.20 $6,285.07 $6,474.00Annual: $62,046.40 $65,145.60 $68,411.20 $71,822.40 $75,420.80 $77,688.00 Hourly: $32.17 $33.78 $35.47 $37.24 $39.10 $40.27
Monthly: $5,576.13 $5,855.20 $6,148.13 $6,454.93 $6,777.33 $6,980.13Annual: $66,913.60 $70,262.40 $73,777.60 $77,459.20 $81,328.00 $83,761.60 Community Services Officer P‐1
Police Services Officer P‐2
POLICE SWORN CLASSIFICATIONS
Police Officer P‐3Police Sergeant P‐5
POLICE NON‐SWORN CLASSIFICATIONS
City of Carmel by the Sea SALARY SCHEDULE Effective July 1, 2024
POLICE OFFICERS ASSOCIATION
Notes:Resolution #2022‐082 approved 9/13/22
EXHIBIT A-4
Longevity*
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Hourly: $33.94 $35.42 $36.98 $38.62 $40.36 $41.56Monthly: $7,794.66 $8,134.56 $8,492.83 $8,869.47 $9,269.08 $9,544.67 Annual: $93,535.92 $97,614.69 $101,913.92 $106,433.63 $111,228.93 $114,536.04 City of Carmel by the Sea SALARY SCHEDULE Effective July 1, 2022
CARMEL FIRE AMBULANCE ASSOCIATION
City Council Meeting: September 12, 2023 | Reso #2023 ‐ XXX Firefigher/Paramedic A‐1
Notes:*Step 6: Association members are eligible for a one‐time 6th step after completing ten (10) continuous years of service with the City of Carmel by the Sea, three percent (3%) longevity/merit increase, per MOU Resolution #2022‐062
EXHIBIT A-5
Classification Grade Pay Step 1 Step 2 Step 3 Step 4 Step 5 Administrative Analyst Z‐264 Temp/Hourly $39.72 $41.71 $43.80 $45.99 $48.29 Administrative Coordinator Z‐229 Temp/Hourly $30.62 $32.15 $33.76 $35.45 $37.22 Community Activities Assistant I Z‐242 Temp/Hourly $32.69 $34.32 $36.04 $37.84 $39.73 Finance Specialist Temp/Hourly $32.20 $33.81 $35.50 $37.28 $39.14 Forest Care Worker Temp/Hourly $28.42 $29.84 $31.33 $32.90 $34.55 Intern Temp/Hourly $17.86 $18.75 $19.69 $20.67 $21.70
Librarian I Z‐234 Temp/Hourly $31.40 $32.97 $34.62 $36.35 $38.17 Library Assistant Z‐204 Temp/Hourly $27.05 $28.40 $29.82 $31.31 $32.88 Maintenance Worker I Temp/Hourly $28.42 $29.84 $31.33 $32.90 $34.55Maintenance Worker II Temp/Hourly $31.26 $32.82 $34.46 $36.18 $37.99Police Services Officer Temp/Hourly $31.23 $32.79 $34.43 $36.15 $37.96 Tree Climber & Care Specialist Temp/Hourly $34.38 $36.10 $37.91 $39.81 $41.80 Classification
Project ManagerExtra‐Help Retired Annuitant
Temp/Hourly $55.75 $67.76Temp/Hourly $30.00 $100.00
City of Carmel by the Sea SALARY SCHEDULE Effective September 1, 2023 City Council Meeting: September 12, 2023 | Reso #2023 ‐ XXX
TEMPORARY/HOURLY CLASSIFICATIONS
Pay Minimum Hourly Maximum Hourly
Notes:Resolution #2023‐029
EXHIBIT A-6
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Acting Police Chief
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-087 Accepting a Donation of $7,500 for the Carmel-by-the-Sea Police Department
RECOMMENDATION:
Adopt Resolution 2023-087 Accepting a Donation of $7,500 for the Carmel-by-the-Sea Police Department.
BACKGROUND/SUMMARY:
On July 31, 2023, the City received a letter stating that the Crawford Lee-Mills Fund of the Petoskey Harbor Springs Area Community Foundation is awarding a $7,500 grant to the City of Carmel-by-the-Sea in “support the Carmel-by-the-Sea Police Department in appreciation of Jeff Watkins’ service” (Attachment 2).
The Petoskey-Harbor Springs Area Community Foundation (“Community Foundation”) is a Michigan-based non-profit whose mission is to “help enrich the lives of our elders, supporting programs for children, reaching out to friends and neighbors in need, expanding parks and recreational activities, protecting our environment, enhancing health services and bringing more music, art, and cultural opportunities to our area.”
The grant is awarded in honor of Acting Police Chief Watkins on behalf of Catherine, Nicola, and Blitzen Sebastiani. The grant funds will be earmarked towards outfitting a new police vehicle for the Carmel Police Department as we update our aging fleet and outdated technological equipment.
The City already received the check for $7,500 from the Community Foundation. In accordance with the City Council Donation and Gift Policy (Policy 2017-02), City Council must authorize acceptance of any grant funds over $2,500.
FISCAL IMPACT:
None.
PRIOR CITY COUNCIL ACTION:
None for this item.
ATTACHMENTS:
Attachment 1) Resolution 2023-087
Attachment 2) Grant award letter
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A DONATION OF $7,500 FOR THE POLICE DEPARTMENT IN HONOR OF JEFF WATKINS’ SERVICE FROM THE CRAWFORD LEE-MILLS FUND OF THE PETOSKEY
HARBOR SPRINGS AREA COMMUNITY FOUNDATION
WHEREAS, the Crawford Lee-Mills Fund of the Petoskey Harbor Springs Area Community Foundation wishes to donate $7,500 to the City of Carmel-by-the-Sea Police Department; and
WHEREAS, the grant is awarded to the Carmel-by-the-Sea Police Department on behalf of Catherine, Nicola, and Blitzen Sebastian in honor of Acting Police Chief Jeff Watkins for his service; and
WHEREAS, City Council is required to accept donations of $2,500 or more in accordance with the City Council Donation and Gift Policy (Policy 2017 -02).
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
Approve the acceptance of a $7,500 donation from the Crawford Lee-Mills Fund of the Petoskey Harbor Springs Area Community Foundation to be applied to the vehicle & equipment replacement fund (Exhibit A).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 12th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_____________________________ _____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Exhibit A
General Ledger
Account Account Name Purpose
FY 23/24
Adopted
Budget
Adjustment
Amount
FY 23/24
Amended
Budget
503-000-00-38020
Vehicle &
Equipment
Replacement
Revenue - Other
Miscellaneous
To recognize donation
from the Crawford LeeMills Fund of the Petoskey
Harbor Springs Area
Community Foundation
$ 275,000 $ 7,500 $ 282,500
503-513-00-43005
Vehicle &
Equipment
Replacement
Fund
Expenditures -
Vehicles & Fire
Trucks
Donated: $7,500 in honor
of Acting Police Chief Jeff
Watkins for his service
$ 1,075,000 $ 7,500 $ 1,082,500
Attachment 1
Petoskey- Harbor Springs Area
communitv foundation
)uly 1.3, 2023
City of Carmel By The Sea
P.O. Box CC
Carmel by the sea, CA 93921
Greetingsl
This letter is to notify you of a grant from a donor advised fund at Petoskey-Harbor Springs Area Community Foundation.
Fund Name: Crawford Lee-Mills Fund
Donor Adviso(s): Catherine Sebastia ni
crant Amount: $7,500.00
Grant Purpose: To support the Carmel By The Sea Police Department and Jeff Watkins'service. Catherine, Nicola and Blitzen Sebastiani in appreciation of
A tax receipt for this grant is not necessarv. The donor adviso(s) were issued a tax receipt at the time they contributed to their donor advised fund. However, you are still welcome to thank the donor adviso(s) directly if you have their contact information on file. enrent of n losed ch n t tutes our a nt to the t lned be Failure to comply with these conditions could reSUlt in a Community Foundation request for the return of all or part of the grant funds. City of Carmel By The Sea agrees to:
. Use the grant for the purpose stated in this letter, as directed by the donor adviso(s). . Maintain your status as a charitable organization, according to the lnternal Revenue code . Avoid use of these funds for lobbying activities.
. Provide no benefits to the donor adviso(s) in exchange for this grant. lvlany grants are made through the community Foundation each year. with generous donors and capable nonprofit organizations, we are all working together for good, for ever, for everyone.
Sincerely,
Loriel K. Grigsby
Program and Accounting Associate
En closu re
1349 US-131SLIre A- Petoskey. Ml 49770 Phone: (231) 348 5820 E Inar : info@phsacf-org ww!!.phsacf'org Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Emily Garay, Administrative Analyst
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Resolution 2023-088 Accepting a Donation of Twenty-Five Thousand Dollars ($25,000.00) to the City of Carmel-by-the-Sea’s Forest Hill Park RECOMMENDATION:
Adopt Resolution 2023-088 Accepting a Donation of Twenty-Five Thousand Dollars ($25,000.00) to the City of Carmel-by-the-Sea’s Forest Hill Park.
BACKGROUND/SUMMARY:
On August 29, 2023, the City’s Public Works Department completed a collaborative installation of new nature play and inclusive elements equipment, including an outdoor classroom, a braille board panel, two (2) owl boxes, and a hawk perch at Forest Hill Park. The playground equipment donated is valued to be Twenty-Five Thousand Dollars ($25,000.00).
The donation is made by the Carmel-based non-profit, Carmel Chamber of Commerce Foundation’s Leadership Carmel Program’s Class of 2023 (“Leadership Carmel”), consisting of: Leslie Altherr, Michael Bruno, Jahre Carver, Emily Garay, Bill Kerr, Gianna Malfitano, Elizabeth O'Malley, Cyndi Silva, and program directors Barry Frew and Jeanne Frew. This donation is designated as Leadership Carmel’s “Legacy Gift” to the City of Carmel-by-the-Sea in alignment with the Leadership Carmel Program’s mission of applying a deeper of understanding of leadership, effectively leading change, and community awareness to have a positive impact within and for the community in Carmel-by-the-Sea.
Leadership Carmel presented the equipment and project proposal for the Forest Hill Park donation to the Forest & Beach Commission in February 2023 and March 2023, with unanimous approval in March 2023.
The collaborative installation project between Leadership Carmel and the City of Carmel-by-the-Sea’s Public Works Department of the donated equipment was completed on August 29, 2023. City Council is required to accept donations of $2,500 or more in accordance with the City Council Donation and Gift Policy (Policy 2017 -02).
FISCAL IMPACT:
None.
PRIOR CITY COUNCIL ACTION:
None for this item.
ATTACHMENTS:
Attachment 1) Resolution 2023-088
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING A DONATION OF TWENTY-FIVE THOUSAND DOLLARS ($25,000) TO THE CITY OF CARMEL-BY-THE-SEA’S FOREST HILL PARK FROM THE CARMEL CHAMBER OF COMMERCE FOUNDATION LEADERSHIP CARMEL PROGRAM CLASS OF 2023 WHEREAS, the Carmel Chamber of Commerce Foundation Leadership Carmel Program Class of 2023 wishes to donate nature play and inclusive playground equipment valued at Twenty-Five Thousand Dollars to the City of Carmel-by-the-Sea Forest Hill Park; and WHEREAS, the donation is given to the City of Carmel-by-the-Sea’s Forest Hill Park as a “Legacy Gift” by the Leadership Carmel Class 2023 participants Leslie Altherr, Michael Bruno, Jahre Carver, Emily Garay, Bill Kerr, Gianna Malfitano, Elizabeth O'Malley, Cyndi Silva, and program directors Barry Frew and Jeanne Frew; and
WHEREAS, City Council is required to accept donations of $2,500 or more in accordance with the City Council Donation and Gift Policy (Policy 2017-02).
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:
1. Accept the donation with a value of Twenty-Five Thousand Dollars ($25,000.00) from the Carmel Chamber of Commerce Foundation Leadership Carmel Program Class of 2023; and
2. Approve a budget amendment to the Fiscal Year 2023/2024 Adopted Budget, as shown in the attached Exhibit A, to recognize the donation of equipment and other goods.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 12th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_____________________________ ______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1
Exhibit A
General Ledger
Account Account Name Purpose
FY 23/24
Adopted
Budget
Adjustment
Amount
FY 23/24
Amended
Budget
301-311-000-43008
Capital
Projects Fund
Expenditures -
Construction in
Progress
To recognize donation
from Carmel Chamber of
Commerce Foundation
Leadership Carmel
Program
$ 9,761,100 $ 25,000 $ 9,786,100
301-000-00-38004
Capital
Projects Fund
Revenue -
Donations
Donated: Forest Hill Park
Playground Equipment $ 125,000 $ 25,000 $ 150,000
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Katherine Wallace, Associate Planner
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Adopt Resolution 2023-089 authorizing a refund of a Mills Act application fee in the amount of $2,688 to Chris Fenton.
RECOMMENDATION:
Adopt Resolution 2023-089 authorizing a refund of a Mills Act application fee in the amount of $2,688 to Chris Fenton.
BACKGROUND/SUMMARY:
On June 30, 2023, Chris Fenton submitted a Mills Act Contract application for the property located at the northeast corner of Forest Road and 8
th Avenue in the Single-Family Residential (R-1) District. The application fee was $3,584. On July 21, 2023, Chris Fenton submitted a request to withdraw the application.
This item is on the Council’s agenda to authorize a refund of 75% of the permit fee cost in accordance with CMC Section 17.02.120 (Fees), which allows a partial refund of fees in the amount of 75% for applications that are withdrawn before a determination has been made as to whether the application is complete.
CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by Council.
Specifically, Section 3.06.060 states that “from time to time it becomes necessary to refund certain permit fees, taxes, licenses, etc., in the normal course of City business. Upon recommendation from the Assistant City Administrator, the City Administrator or his/her duly authorized representative is authorized to approve such refunds in an amount not to exceed $1,000. All refunds over $1,000 shall require approval by the City Council.”
FISCAL IMPACT:
Other than the cost of processing the refund, there is no fiscal impact to the City for issuing the fee refund.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
Attachment 1 - Resolution 2023-089
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING A REFUND OF A MILLS ACT CONTRACT APPLICATION FEE IN THE AMOUNT OF $2,688.00 TO CHRIS FENTON
WHEREAS, the applicant, Chris Fenton, submitted a Mills Act Contract (MA 23-190 application on June 30, 2023; and
WHEREAS, the application fee was $3,584 for the review of the application; and WHEREAS, the permit fee was paid by Katherine Shaw on July 5, 2023; and WHEREAS, staff performed a completeness review and determined that the application was incomplete on July 21, 2023; and
WHEREAS, on July 21, 2023 the applicant submitted a request to withdraw the application; and
WHEREAS, CMC Section 17.02.120 (Fees) allows a partial refund of permit fees in the amount of 75% for applications that are withdrawn before a determination that the application is complete is made; and
WHEREAS, the applicant withdrew the application on July 21, 2023 prior to staff deeming the application complete; and
WHEREAS, the applicant is entitled to a 75% refund of the permit fee which amounts to $2,688.00; and
WHEREAS, CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by the City Council.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Authorize a refund of $2,688.00 to Chris Fenton, which is 75% of the total collected permit fees for a Mills Act Contract (MA 23-190) application submitted on June 30, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of September, 2023, by the following vote:
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Katherine Wallace, Associate Planner
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Adopt Resolution 2023-090 authorizing a refund of a Mills Act Contract application fee in the amount of $2,688 to Katherine Shaw
RECOMMENDATION:
Adopt Resolution 2023-090 authorizing a refund of a Mills Act Contract application fee in the amount of $2,688 to Katherine Shaw.
BACKGROUND/SUMMARY:
On December 6, 2022, Katherine Shaw submitted a Mills Act Contract application for the property located on Monte Verde Street 5 northwest of 4
th Avenue in the Single-Family Residential (R-1) District. The application fee was $3,584. On August 8, 2023, Katherine Shaw submitted a request to withdraw the application.
This item is on the Council’s agenda to authorize a refund of 75% of the permit fee cost in accordance with CMC Section 17.02.120 (Fees), which allows a partial refund of fees in the amount of 75% for applications that are withdrawn before a determination has been made as to whether the application is complete.
CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by Council.
Specifically, Section 3.06.060 states that “from time to time it becomes necessary to refund certain permit fees, taxes, licenses, etc., in the normal course of City business. Upon recommendation from the Assistant City Administrator, the City Administrator or his/her duly authorized representative is authorized to approve such refunds in an amount not to exceed $1,000. All refunds over $1,000 shall require approval by the City Council.”
FISCAL IMPACT:
Other than the cost of processing the refund, there is no fiscal impact to the City for issuing the fee refund.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
Attachment 1) Resolution 2023-090
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2023-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING A REFUND OF A MILLS ACT CONTRACT APPLICATION FEE IN THE AMOUNT OF $2,688.00 TO KATHERINE SHAW
WHEREAS, the applicant, Katherine Shaw submitted a Mills Act Contract (MA 22-386 application on December 6, 2022; and
WHEREAS, the application fee was $3,584 for the review of the application; and WHEREAS, the permit fee was paid by Katherine Shaw on January 17, 2023; and WHEREAS, staff performed a completeness review and determined that the application was incomplete on August 8, 2023; and
WHEREAS, on August 8, 2023 the applicant submitted a request to withdraw the application; and
WHEREAS, CMC Section 17.02.120 (Fees) allows a partial refund of permit fees in the amount of 75% for applications that are withdrawn before a determination that the application is complete is made; and
WHEREAS, the applicant withdrew the application on August 8, 2023 prior to staff deeming the application complete; and
WHEREAS, the applicant is entitled to a 75% refund of the permit fee which amounts to $2,688.00; and
WHEREAS, CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by the City Council.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA DOES HEREBY:
Authorize a refund of $2,688.00 to Katherine Shaw, which is 75% of the total collected permit fees for a Mills Act Contract (MA 22-386) application submitted on December 6, 2022.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 12th day of September, 2023, by the following vote:
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero
Mayor City Clerk
Attachment 1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
September 12, 2023
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Consideration of initiating amendments to the General Plan and Local Coastal Plan to change the General Plan land use designation for the Pine Inn parking lot (APN 010- 212-010) from Single-Family Residential to Multi-Family Residential and facilitate the transfer of hotel rooms from the Pine Inn to the Pine Inn parking lot.
RECOMMENDATION:
Provide early policy direction to staff and the applicant regarding a request to initiate a General Plan and Local Coastal Plan Amendment at the Pine Inn Parking lot site to change the General Plan land use designation from Single-Family Residential to Multi-Family Residential and facilitate the transfer of hotel rooms from the Pine Inn to the Pine Inn parking lot.
BACKGROUND/SUMMARY:
Executive Summary:
The Pine Inn has recently begun exploring the possibility of moving eight (8) of their existing hotel rooms across the street to their current guest parking lot location at the northeast corner of Monte Verde Street and 6 th Avenue. For this to occur, the parking lot's zoning would need to be changed, which would also require amendments to the City’s General Plan and Local Coastal Plan. In an effort to get feedback on the City’s appetite to rezone this property, the applicant is requesting early policy-level feedback from the Council.
Essentially, the Council is being asked if the concept has a ‘red light’ or ‘green light’ to proceed through the complicated public process of General Plan and Local Coastal Plan amendments and rezoning of the property.
Background/Summary:
The 49-room Pine Inn Hotel is located at the northeast corner of Ocean Avenue and Monte Verde Street in the Central Commercial (CC) Zoning District. Parking for hotel employees and guests is provided on a separate parcel located at the northeast corner of Monte Verde Street and 6 th Avenue in the Single-Family
Residential (R-1) Zoning District. Land uses surrounding the parking lot include the First Murphy House and park to the east, the First Church of Christ Scientist to the north, the Tally Ho Inn to the southwest, and single-family residences to the west/northwest. The Pine Inn Hotel is located to the south of the parking lot.
The Pine Inn parking lot is 8,000 square feet in size. It was established in 1960 and contains 21 parking spaces for guests and employees of the hotel.
Zoning History
In 1957, an effort to rezone the site from R-1 to C-1 was undertaken but unsuccessful. On January 25, 1960, the City Council adopted Ordinance No. 10 C.S. (Attachment 1), rezoning the property to R-1-P-3 and allowing commercial parking lots as a conditionally permitted use. On January 20, 1960, the Planning Commission adopted Resolution No. 417 (Attachment 2), approving the construction of the parking lot, which has been in continuous use since that time.
By 1995, the zoning was referred to simply as R-1. The zoning code continued to allow parking lots a conditionally permitted use provided they existed before 1 January 1988 and were part of an adjacent commercial use.
Proposed Project
The Pine Inn is requesting initiation of a General Plan and Local Coastal Plan Amendment to change the General Plan land use designation from Single Family Residential to Multi Family Residential to facilitate the relocation of eight hotel rooms from the Pine Inn Hotel site to the parking lot site while preserving existing parking for overnight guests of the hotel. There would be no net increase in the number of hotel rooms and no net reduction in the number of existing parking spaces. The applicant proposes one of the eight hotel units to be occupied as on-site employee housing, similar to a manager’s unit but not necessarily limited to a hotel manager. The project would also require rezoning to a Community Plan (CP) District with an underlying Multi-Family Residential (R-4) zoning designation.
Because a General Plan and Local Coastal Plan amendment requires staff resources beyond what is typical for the construction of a new building, and because rezoning of this site involves complicated policy considerations, staff and the applicant are seeking early direction from the City Council on this request. If the City Council is not interested in amending the General Plan and Local Coastal Plan at this time, it would be better to know that now, before a considerable amount of staff time and resources, as well as expense by the applicant, is devoted to the project. In other words, the Council is being requested to provide ‘red light’ or ‘green light’ feedback on the overall concept of a General Plan and Local Coastal Plan Amendment to facilitate the transfer of hotel rooms to the parking lot.
The applicant’s request letter is included in Attachment 3. A project description and conceptual renderings are included in Attachment 4. The applicant will be in attendance at the meeting to answer any questions the Council may have.
General Plan/Local Coastal Plan Amendment, Rezoning
The Single-Family Residential land use allows residential densities of 2-11 units per acre and overnight accommodations currently operating under a use permit. Above-ground building intensity is limited to a floor area ratio of 45 percent with at least 45 percent open space. The R-1 single-family zoning district is consistent with the General Plan Land Use of Single-Family Residential. Hotels and Motels are prohibited in the R-1 district unless established prior to January 1, 1967, and/or authorized by a use permit issued between 1967 and 1990.
The Multi-Family Residential land use allows residential densities of up to 33 units per acre; densities of up to 44 units per acre are allowed when affordable housing is provided. Existing hotel and motel uses are allowed and may be reconstructed. Maximum building intensity is limited to a floor area ratio of 80 to 90 percent with at least 45 percent open space. The R-4 multi-family zoning district is consistent with the General Plan Land Use of Multi-Family Residential. Hotels and Motels are allowed with the approval of a use permit in the R-4 district.
Community Plan Districts and Specific Plans
The Carmel Municipal Code allows the establishment of Community Plan Districts and Specific Plans for defined planning areas within the City. The Community Plan District sets forth the permitted and conditional uses within the District, which must also be consistent with the General Plan land use designation. The District can also establish development regulations (i.e., building height, setbacks, floor area, parking, etc.) specific to the District. Examples of existing Community Plan Districts include Trevvett Court, Forest Cottages, Block 45, Larson Field, and Carmel Plaza.
FISCAL IMPACT:
All costs associated with processing the General Plan and Local Coastal Amendments and rezoning will be paid for by the applicant in accordance with the City’s adopted fee schedule.
PRIOR CITY COUNCIL ACTION:
None.
ATTACHMENTS:
Attachment 1) City Council Ordinance No. 10 C.S.
Attachment 2) Planning Commission adopted Resolution No. 417 Attachment 3) General Plan/Local Coastal Plan Amendment Request Attachment 4) Project Description and Rendering
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 1
Attachment 2
Attachment 2
Attachment 2
26385 Carmel Rancho Boulevard, Suite 200, Carmel, California 93923
HORAN LLOYD
June 21, 2023
VIA HAND DELIVERY
City of Carmel-by-the-Sea
City Council
P.O. Box CC
Carmel-by-the-Sea, CA 93921
Re: Pine Inn; Block 54, Lots 18 and 20
Dear Mayor Potter and City Council Members:
The Pine Inn is proposing a project for the Pine Inn and its R-1 designated commercial parking lot situated on Block 54, Lots 18 and 20.
Recognizing that the surrounding church, hotels and community uses create a commercial atmosphere unsuitable to residential purposes on Lots 18 and 20, in 1960 the Planning Commission authorized demolition of an existing house, rezoning of Lots 18 and 20 to off street parking (R-1-P-3) and issued a use permit for construction of the existing surface parking lot.
The legal, conforming use of the lots has been commercial parking for the Pine Inn ever since. However, the surface parking is a poor transition to the R-1 neighborhood and precludes superior uses. The Pine Inn’s proposal seeks to remedy this.
The Community Plan sections of the General Plan and LUP provide a mechanism to achieve this goal with procedures for designating Community Plan areas and adopting Specific Plans. This letter transmits a preliminary proposal for a General Plan and Local Coastal Plan amendment, including such a zoning reclassification and a specific plan for the hotel/parking lot.
HORAN LLOYD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
26385 Carmel Rancho Blvd., #200
Carmel, CA 93923
Mark A. Blum
[email protected]
File No. 8543.01
Tel: 831.373.4131
Fax: 831.373.8302
horanlegal.com
STEPHEN W. DYER
MARK A. BLUM
ELIZABETH C. GIANOLA
VIRGINIA E. HOWARD
MARK E. MYERS
KRISTIN M. DEMARIA
NICHOLAS W. SMITH
MICHAEL J. HARRINGTON
Of Counsel
ANTHONY T. KARACHALE
JAMES J. COOK
ROBERT ARNOLD INC.
LAURENCE P. HORAN
(1929-2012)
FRANCIS P. LLOYD
(1935-2023)
Attachment 3
HORAN LLOYD A PROFESSIONAL CORPORATION
June 21, 2023